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HomeMy WebLinkAboutR20-460267 R20-460 JOINT ELECTION RESOLUTION WHEREAS, the City of Plainview and Plainview Independent School District. are each required to conduct elections on May 2, 2020; WHEREAS, Section 271.002 of the: Texas Election Code provides for joint elections when an election is required upon the same day by two or more political. subdivisions occupying all or part of the same territory; and WHEREAS, Section 11.0581 of the'Texas Education Code requires the District's election to be held on the same day as a in in the school :district; and WHEREAS it is deemed to be in the best interest of the citizens residing in each of the political subdivisions to have a joint election on May 2, 2020, for District's general trustee election and for City's election of mayor and council members,:and.any other future joint elections during the calendar year of 2020, pursuant to the above .cited provision of the Election Code; and WHEREAS, ajoint election of the political subdivisions to be held -on -May 2, 2020, under - provisions of the Texas Election Code and other applicable laws and in accordance with the following agreed terms: 1. THAT common precinct boundaries and voting places shall. be designated by' each governing body so far as is practical and expedient: 2. THAT each party shall be responsible for posting and publishing its own notices. Each political subdivision also:shall be responsible. for preparing the ballot for its own election and for conducting a "drawing for place off theballot," for its own election at a location and time of its own choice. 3. THAT the official canvassing of ballots and announcements of results shall be done individually by each governing body,. and each political subdivision shall issue.its own certificates of election to the candidates elected to that political subdivision. 4. THAT each entity shall equally share thecosts attributable to the joint election activities necessary for the conduct of the joint election. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW AND THE BOARD OF TRUSTEES OF PLAINVIEW INDEPENDENT SCHOOL DISTRICT: THAT the City Council of the City of Plainview, Texas, hereby authorizes and directs the Mayor of the City of Plainview to execute the attached Joint Election Agreement with Plainview Independent School District for the May 2, 2020; City of Plainview General Election and to make any necessary changes -to the Election Order, exhibits or otherwise to take any actions as may be necessary to carry out the purpose of this Resolution and the terms of the Agreement. In the event of a conflict between this Resolution and the attached Agreement, then the Agreement shall prevail; and THAT the Board of. Trustees of Plainview Independent School District hereby authorizes and directs the President of -the Board of Trustees of Plainview- Independent School District -to execute the attached -Joint Election Agreement with. the City of Plainview for the May 2, 2020, General Election and further authorizes the .Superintendent to- make any necessary changes to the Election Order, exhibits or otherwise to take any actions as may be necessary to 'carry out the purpose of this Resolution and the terms of the Agreement. In the event of a conflict between this Resolution and the attached Agreement, then the Agreement shall prevail; and THAT the said Joint Election. Agreement shall be deemed an agreement authorized -by this Resolution with those governmental units within the City of Plainview that are conducting an election on'May 2, 2020, and that desire and are eligible to conduct a joint election with the City of Plainview on May 2, 2020; and THAT the parties are hereby authorized and directed to: make. any necessary changes to the Election. Order exhibits or otherwise to take such actions as may be necessary to carry out the purposes of this 'Resolution. APPROVED by the Board of Trustees of Plainview Independent School District. Date- / ' mo Date: Date: - Date: / /' " /Pro ident, Board of Trustees Secretary, E&rd of Trustees APPROVED by the City Council of Plainview, Texas. Mayor, City of P ainview F City Secretary, City -of P ai iew L M THE STATE OF TEXAS §. :COUNTY OF HALE § JOINT ELECTION AGREEMENT BETWEEN CITY OF PLAINVIEW,'TEXAS AND PLAINVIEW INDEPENDENT SCHOOL DISTRICT This Agreement is made by .and between the .City of Plainview, Texas, hereinafter referred to as the "City," a Texas municipality; and Plainview Independent School District,. a political subdivision organized under the .school .laws of the State of Texas, hereinafter referred to as. the "District," by the authority of Sections- 31.091 et seq. and 271.002 of the, Texas Election Code; for the conduct .and supervision of the City's: _election for city council members and the District's election for its trustees.. RECITALS The Texas Education Code § 1-1.0581 requires the District to conduct a joint election to be. held either on: the same date as the municipality's election or the general election. The District is holding an election for the purpose of electing trustees of the District on May 2, 2020. The City is holding an election for the: purpose of electing City officials on May 2, 2020, Therefore, the District desires to hold its election with the. City.. The election precincts of the District, which lie -within the jurisdictional limits of the City of Plainview, have been established and may be re-established by the :District as its election precincts pursuant to Section 42.061 of the Texas Election Code. Hale County will make available- to the City and -the District a direct recording electronic voting system:(with a sufficient number of boxes or machines) which has :been duly approved'by the Secretary of State pursuant -to Texas Election Code Chapter 122 as. amended, and: both:the City and the District desire to use the County'.s electronic voting .system in its election. NOW THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the parties, IT IS AGREED as follows: I. ADMINISTRATION The District and the City will each. appoint their own.Elections Administrator who shall coordinate and supervise all aspects of administering the election for the governmental entity in Which they were: appointed as provided in this Contract. The Elections: Administrator shall serve as the Administrator for the election of the entity which appointed them. Similarly, :each entity shall appoint its own election judges to preside over their respective elections, and any costs associated with such judge shall be paid by the entity that appointed such election judge. 270 II: LEGAL DOCUMENTS AND NOTICES The City and the District shall each be responsible for the preparation, adoption, and publication of all respective required election orders, resolutions, notices, official canvass and any other pertinent documents required by the Texas: Election Code and/or its governing bodies for their own respective governing body. Each.. political subdivision shall prepare the ballot for its own election and conduct a "drawing for place on the ballot," for its own election at a location and time of its. own choice. The official canvassing of ballots and announcements of results shall be done individually by each governing body,. and each political subdivision shall issue its own certificates of election to the candidates elected to that political subdivision. Preparation of the necessary bilingual materials for notices and the language of the official ballotshall also be the respective responsibility of each party.. Each party shall timely provide a copy of its Election Order and Notice to .the Elections.Administrator for the .other party. Each entity shall be responsible for assuring that,its respective ballots are printed in a timely fashion in order to be available for Early Voting by Personal Appearance and by Mail. III. VOTING LOCATIONS It is agreed that election day voting shall be held at the locations shown in the respective Election Orders .and Notices duly adopted by the District and City. IV. ELECTION JUDGES, CLERKS, AND OTHER ELECTION PERSONNEL The City and the District will each appoint their own election judges, alternate election judges land other election :personnel. The City and the District will each be responsible for the costs associated with costs of the election judges,:altemate election judges and election personnel appointed by such entity and such personnel shall be under the control and direction of the: entity in which appointed them. It is agreed by the City and District that, at all times and for all purposes hereunder, on Election Day, all election judges, clerks, and all other employees involved in this election are independent contractors and .are not employees of the District or City. No statement contained in this Contract shall be construed so as to find any judge, clerk, or any other election personnel an employee of the City or District, and all election personnel shall be entitled to none of the rights, privileges, or benefits of the District or City employees except as otherwise maybe stated herein, nor shall any election personnel hold him herself out as an employee of the District or City by virtue of being an election judge, clerk, or other election personnel. V. SUPPLIES AND PRINTING Each entity shall arrange for its own election supplies and printing of election documents'. VI. EARLY VOTING (a) By mail: The Election Administrator of each entity shall .receive and process requests for Early Voting by mail and receive ballots by .mail for such entity, such to be secured and counted in accordance with law. 271 (b) In Person: Each party agrees to appoint their own Early Voting Clerk and any needed deputies, in accordance with Section 31.097 of the Texas Election Code. Each party further agrees to designate. the District's. Administration Office located at 909 East.11`h Street, Plainview Texas, as the main early voting location. for the District, and. designate City Council Chambers located at 901 Broadway, Plainview Texas; as the main early voting location for the City It is agreed that early voting:by personal appearance will be held for seven (7) days and the Elections Administrator shall be responsible for receiving and:tabulating the early voted ballots by mail and in person for the respective entities. VII. ELECTION EXPENSE AND ALLOCATION OF COSTS The parties..each agree to .bear the burden of the cost of their own election. VIII. EXCUSAL FROM CONTRACT DUE TO CANCELLATION OF ELECTION Either party may cancel- its election as permitted by Texas Election -Code § 2.051. In the event of cancellation; the canceling, party is relieved from its Joint Election obligations under -this Agreement, except for any costs already incurred at time of cancellation. IX. RECORDS OF THE ELECTION The Elections Administrator, as appointed by the respective entity, is hereby appointed general custodian of the voted ballots -and records of the election for the entity appointing them as authorized by Section 36.096 of the Texas Election Code for the parties. Access to the election records shall be: available to the :District and to the City as well as to the public in accordance with applicable provisions of the Texas Election Code and the Texas public Information Act. The election records shall be stored at the offices of the Elections Administrator, who shall ensure that the records are maintained in an orderly manner so that the records -are -clearly identifiable and retrievable. .Records of the -election. shall be retained and disposed of in accordance with the provisions of Section 66.058 of the Texas Election Code: If records of the election are involved in any pending election contest, investigation, litigation; or open records request, the Elections Administrator shall maintain the records until final resolution or until final judgment, whichever is applicable. It is the responsibility of each party to bring to the attention of the Elections Administrator of the other party any notice of pending election contest, investigation, litigation, or open records request which may be filed with either party. 'The: Elections Administrator of each entity shall notify the District and the City of the planned destruction: of any records of the election prior to. the destruction of 'the records. X. SPECIAL ELECTIONS It is agreed: that this contract shall include any special electioii(s) to be called by either party.if the:other party is also. holding an election. XI. RECOUNTS 272 A recount may be obtained, as provided by Title 13 of the Texas Election Code. Each party agrees that :any recount :shall take place at the offices of their appointed Elections Administrator, and that their Elections Administrator shall serve as Recount Supervisor :and the official of that. party performing the duties of a secretary under the Texas Election Code or its lawful designee shall: serve as Recount Coordinator. The entity conducting a recount of its election shall be solely responsible for the costs associated with that recount. XIII. .AUTHORITY TO CONFORM TO ELECTION LAW The City authorizes the City Manager and the District authorizes the Superintendent to cooperate by varying the detailed terms of this. Agreement to the extent as may be necessary, and upon advice of legal counsel, in order to better conform.the.Joint Election to applicable law without further action -by the governing body of the District or City. XIV. MISCELLANEOUS PROVISIONS (1) An executed copy of this Agreement shall be preserved by each party for the period for preserving the precinct election records, as required by the Texas Elections Code §271.002(c). (2) The City and the District agree that under the Constitution and laws of the State of Texas, neither the City nor the District can enter into an agreement whereby either party agrees to indemnify or hold harmless another party; therefore, all references of any kind, if any, to. indemnifying or holding or saving harmless for any reason are hereby deleted. (3) This Contract shall be construed under and in accordance: with the laws of the State of Texas, and all obligations of .the parties created hereunder are performable in Plainview, Texas. (4) In the event one or more of the provisions contained in this Contract shall for -any reason be. held to be invalid, illegal, unenforceable in -any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Contract shall be construed as if such invalid, illegal, or: unenforceable provisions had never been contained herein-. (5) All parties shall comply with all applicable Federal,. State, and Local laws, ordinances and codes.. (6) The waiver by any party of a breach of any provision of this Contract shall not operate as or be construed as a waiver:of any subsequent breach. (7) Any amendment of this Contract shall be of no effect unless in writing and signed by all parties hereto. IN TESTIMONY HEREOF, this Contract, its multiple originals all of equalforce, has been executed on behalf of the parties hereto as .follows, to -wit: 4 273 (1) It has on the /4� day of dA. 4-4 , 2Q20, been executed on behalf of the City of Plainview by its Mayor pursuant to its City Council, so authorizing; (2) It has on the day of January, 2020, been executed on behalf of the District by its President: of the Board of Trustees, pursuant to the authority -of the Board of Trustees, so authorizing-, PLAINVIEW INDEPENDENT SCHOOL DISTRICT President, Board of Trustees CITY OF PLAINVIEW, TEXAS By: )..a4,4 Mayor 1