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Home My WebLink AboutR17-395RESOLUTION No. R17-395 OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS AUTHORIZING JOINT ELECTION AND ELECTION SERVICES AGREEMENT WITH HALE COUNTY, TEXAS The City Council for the City of Plainview, Texas does hereby make the following Resolution regarding the joint election to be conducted with Hale County, Texas, as more fully described in the Joint Election and Election Services Agreement (the "Agreement") attached hereto as Exhibit "A" and fully incorporated as if set forth herein: WHEREAS, Texas Election Code § 271.002(a) authorizes the governing bodies of political subdivisions to enter into an agreement for election services and to hold joint elections and share common polling places; and, WHEREAS, the City of Plainview, Texas ("City") and Hale County ("County") are each political subdivisions of the State of Texas; and, WHEREAS, the County will conduct an election on November 7, 2017; and, WHEREAS, the City intends to conduct a bond election on November 7, 2017; and, WHEREAS, because the County is conducting an election on the November 7, 2017 uniform Election Day, the Texas Election Code requires the City to use the County precincts and common polling places for its bond election; and, WHEREAS, the governing bodies of the City and the County desire to hold a joint election as set forth in the Agreement; and, WHEREAS, the City and the County have agreed to use polling places as permitted by Texas Election Code § 271.003; and, WHEREAS, the City and County have common voters, and it would be to the benefit of the County, the City, and the resident voters thereof, to share joint polling places, and for the County to provide election services, as set forth in the Agreement and/or the Parties' Election Orders. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW that the Council hereby adopts the above recitals as findings of fact and operative provisions hereof the same as if set out in full; and, BE IT FURTHER ORDAINED that the City's election shall be held jointly with Hale County, Texas, as permitted under Texas Election Code Chapter 271, and conducted by the County as set forth in the Agreement attached hereto; and, RESOLUTION PAGE 1 MEW25N8MOD6X9N BE IT FURTHER ORDAINED that the Council authorizes the Mayor, City Manager or City Secretary to enter into the attached Agreement, and that the Mayor, City Manager or City Secretary is authorized to take such actions and execute such documents as are necessary to implement the actions that are contemplated herein, whether or not expressly authorized herein. PASSED AND APPROVED, this 17th day of August, 2017, by the City Council of the City of Plainview, Texas. By: ATTEST: By: AftelidiA( Belinda Hinojosa, City tary (CITY SEAL) RESOLUTION MEW25N8MOD6X9N Wen. ell Dun ap, Mayor PAGE 2 JOINT ELECTION AND ELECTION SERVICES AGREEMENT BETWEEN THE CITY OF PLAINVIEW AND HALE COUNTY WHEREAS, Hale County ("County") and the City of Plainview ("City") noted in the signature block ("Participating Entities''). have each called an election; WHEREAS, the Participating Entities desire to conduct these elections jointly. pursuant to Chapter 271, Texas Election Code, on November 7, 2017; WHEREAS, the City is located in Hale County. and it is in the best interest of the voters of the City to conduct an efficient election by entering into a Joint Election and Election Services Agreement (the "Agreement) with Hale County. NOW, THEREFORE, the Entities adopt this Agreement to hold a joint election. to be conducted by the County as follows: 1. SCOPE The Participating Entities will hold elections on November 7, 2017 ("Election Day") jointly for the voters in Hale County and the City. 2. BALLOT LANGUAGE Each of the Participating Entities will provide the appropriate ballot language in both English and Spanish for the propositions to be voted on by the qualified voters of that Participating Entity. The County will provide a final proof of ballot language, as it is to appear on the ballot, for final proof approval. The ballots shall be printed in a timely fashion in order to be available for Early Voting by mail and voting devices programmed for Early Voting by personal appearance. 3. RESPONSIBILITIES OF HALE COUNTY Hale County shall be responsible for performing the duties and performing the services associated with an election for those resident voters of Hale County and for the City of Plainview resident voters, including but not limited to the following: (a) Recommend and confirm all early voting polling place locations. Days and hours for early voting on weekdays and weekends will be those days and hours provided by the County, and in accordance with State law. (b) Agree to receive and process requests for Early Voting by Mail. (c) Contact the owners or custodians of county -designated polling places and arrange for their use in the Election. (d) Procure and distribute all necessary election kits and supplies. (e) Procure all necessary voting machines and equipment, transport machines and equipment to and from the polling places, and prepare the voting machines and equipment for use at the polling places. (f) Notify the election judges of the date, time, and place of the election and arrange for a facility for holding the election. (g) Appoint the presiding officers of the early ballot board for processing ballots cast Plainview -Hale County Joint Election Agreement Page I 109Rt 1 L50D18NC 7 during early voting. (h) Arrange for the use of a central counting station and for the tabulating personnel and equipment needed at the counting station and assist in the preparation of programs and the test materials for the tabulation of the ballots to be used with electronic voting equipment. (i) Publish the legal notice of the date. time. and place of the test of the electronic tabulating equipment and conduct such test. (j) Serve as the Joint Custodian of Records ("Joint Custodian") for the sole purpose of preserving all voted ballots securely in a locked room in the locked ballot boxes and securing of electronic votes for the period for preservation required by the Election Code. (k) Provide its Elections Division staff and offices to administer the Joint Election under the direction of the Hale County Clerk. 4. CANVASS OF RESULTS Each entity will be responsible for the canvass of the returns regarding its ballot items. 5. LOCATION OF COMMON POLLING PLACES The polling place for Election Day is the 011ie Liner Center, 2000 S. Columbia, Plainview. Hale County, Texas. Early voting shall be conducted at the Main Early Voting at Hale County Courthouse basement at 500 Broadway, Plainview, Texas and branch early voting locations at Abernathy City Hall, Petersburg City Hall and Hale Center City Hall, as stated in the Participating Entities' Orders of Election. 6. ALLOCATION OF ELECTION EXPENSES (a) The County shall initially pay the expenses, and subsequently invoice each Participating Entity for its share of the expenses. Joint election expenses include, but are not limited to, expenses for equipment rental, facilities, personnel, supplies, and training actually incurred by the County for establishing and operating all early voting and Election Day activities at the polling place in the joint election territory as well as activities related to the tabulation of votes. Upon receipt of an invoice from the County election expenses. the Entity shall pay the total amount of the invoice within thirty (30) days of receipt of said invoice. (b) The expense of any early voting polling places that are established at the request of an Entity(ies) other than those which are mutually agreed upon by all the Entities shall be borne by the requesting Entity. (c) An Entity may cancel an election, but will be financially responsible for any expenses that were accrued, by the County, up to the time of cancellation. (d) In the event of a recount, the expense ofthe recount shall be borne by the Entity(ies) involved in such recount. (e) Election workers will be paid at the rate designated by Hale County, or as required by law, whichever is greater. 7. LEGAL NOTICES (a) Each Entity shall be individually responsible for the preparation of election orders. resolutions, notices, and other pertinent documents for adoption or execution by its own respective governing board. and for the posting or publication of election notices and all Plainview -Hale County Joint Election Agreement Page 2 109R11L50DI8NC 8 expenses related thereto. The Notice will be Bilingual and will be published or posted in both English and Spanish. The preceding sentences do not prevent the Entities or any combination of them from issuing a joint notice of election and sharing the cost of same. (b) Each Entity shall individually submit a request for preclearance from the United States Department of Justice, if required. 8. AUTHORITY TO CONFORM TO ELECTION LAW The Entities authorize the County Clerk and the Mayor. City Manager or City Secretary to vary the terms of this Agreement or election procedures as may be necessary to comply with applicable law or to comport with proper election procedures without the need for further action by the governing body of any Participating Entity. 9. EFFECTIVE DATE This -Agreement takes effect upon the complete execution of this Agreement by the Partici?aSing Entities. Attest:' Attest: HALE COUNTY, TEXAS By: • atrlce emp "C) County Clerk Date: g ' 1 I CITY OF PLAINVIEW, TEXAS By: Date: Jef City M 107 Plainview -Hale County Joint Election Agreement Page 3 109R11 L5OD 1 SNC