HomeMy WebLinkAboutRES 112701-VRESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS SUPPLEMENTING AND RESTATING
RESOLUTION NO. 111301 -V ORDERING A SPECIAL ELECTION IN
GEORGETOWN, TEXAS TO BE HELD FEBRUARY 2, 2002, FOR THE
PURPOSE OF CONDUCTING A RECALL ELECTION TO BE HELD
WITHIN SAID MUNICIPALITY, MAKING PROVISION FOR THE
CONDUCT OF SUCH ELECTION AND RESOLVING OTHER MATTERS
INCIDENT AND RELATING TO THE HOLDING OF SUCH ELECTION
WHEREAS, Sections 4.07 and 4.08 of the Charter of the City of Georgetown provide
that a recall election shall be held if recall petitions are filed with the City Secretary, signed by
qualified voters of the City equal in number to at least thirty (30) per cent of the number of votes
cast at the last regular election of the City, demanding the removal of such elected officer; and
WHEREAS, recall petitions were received by the City Secretary on September 13, 2001
demanding the recall of Mayor MaryEllen Kersch, and Councilmembers Llorente Navarrette,
Clark Lyda, Sam Pfiester, and Charles "Ross" Burson; and
WHEREAS, all recall petitions were detennined by the City Secretary on October 12,
2001 to be sufficient and in accordance with City Charter requirements; and
WHEREAS, the City Secretary certified the sufficiency of such recall petitions to the
City Council at its regular council meeting held on October 23, 2001; and
WHEREAS, the City of Georgetown found that an election should be held on the next
uniform election date, being February 2, 2002, to determine whether Mayor MaryEllen Kersch,
and Councilmembers Llorente Navarrette, Clark Lyda, Sam Hester, and Charles "Ross"
Burson should be recalled from office; and
WHEREAS, the Georgetown City Council in Resolution No. 111301 -V has called a
Special Election for Saturday, February 2, 2002 for the purpose of conducting a Recall Election;
and
WHEREAS, the laws of the State of Texas and the Charter of the City of Georgetown,
Texas are applicable to said Recall Election, and in order to comply with said laws and Charter,
Resolution No. 111301 -V was adopted by the City of Georgetown City Council on November
13, 2001; and
WHEREAS, it is necessary to adopt this Resolution in order to supplement and restate
Resolution No. 111301 -V and to establish the procedure to be followed in said election, to
designate the voting places for said election and to resolve other matters incident and relating to
the holding of such election.
Supplemental Recall Election Resolution No 11 1
Page 1 of 7 Pages
NOW THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF
THE CITY OF GEORGETOWN, TEXAS THAT:
Section 1. Call of Special Election; date: territory, eligible electors; and hours. A Special
Election (the "Recall Election ") to determine whether Mayor MaryEllen Kersch, and
Councilmembers Llorente Navarrette, Clark Lyda, Sam Pfiester, and Charles "Hoss" Burson
shall be recalled from office shall be held on February 2, 2002. Said Recall Election date is
forty -five (45) or more days from the date of the adoption of this order (the "Order ") and the
Recall Election shall be solely in the territorial boundaries of Georgetown at which all resident,
qualified electors of Georgetown shall be entitled to vote in the Recall Election of MaryEllen
Kersch and all resident, qualified electors of Georgetown, in their respective districts, shall be
entitled to vote in the Recall Election for the Councilmember representing that district. The City
Council hereby finds that holding the Recall Election on such date, which is a uniform election
date, is in the public interest. The hours during which the polling places are to be open at the
Recall Election shall be from 7:00 o'clock a.m. to 7:00 o'clock p.m.
Section 2. Measures to be Submitted. At such Recall Election, the following measure shall be
submitted:
"Shall (Name of officer, title) be recalled from the office of (Name of office) T'
Section 3. Ballots. Optical scan ballots and compatible equipment for such a Recall Election, as
defined and described in the Texas Election Code, shall be utilized for the Election. Ballots shall
be prepared in accordance with the Texas Election Code, so as to permit the electors to vote
"YES" or "NO" to the above - referenced measure which shall appear on the ballot substantially
as follows:
For the Recall Election of Mayor MaryEllen Kersch:
[ ] YES SHALL MARYELLEN KERSCH, MAYOR OF THE CITY
OF GEORGETOWN, BE RECALLED FROM THE OFFICE
[ ] NO OF MAYOR?"
For the Recall Election of Councilmember Llorente Navarrette:
[ ] YES "SHALL LLORENTE "NAVARRETTE,
COUNCILMEMBER FOR DISTRICT 1, OF THE CITY OF
[ ] NO GEORGETOWN, BE RECALLED FROM THE OFFICE OF
COUNCILMEMBER FOR DISTRICT 1?
Supplemental Recall Election Resolution No. 11.2 Y ""
Page 2 of 7 Pages
For the Recall Election of Councilmember Clark Lyda:
[ ] YES "SHALL CLARK LYDA, COUNCILMEMBER FOR
DISTRICT 2, OF THE CITY OF GEORGETOWN, BE
[ ] NO RECALLED FROM THE OFFICE OF COUNCILMEMBER
FOR DISTRICT 2 ?"
For the Recall Election of Councilmember Sam Pfiester:
[ ] YES "SHALL SAM PFIESTER, COUNCILMEMBER FOR
DISTRICT 5, OF THE CITY OF GEORGETOWN, BE
[ ] NO RECALLED FROM THE OFFICE OF COUNCILMEMBER
FOR DISTRICT 57
For the Recall Election of Councilmember Charles "Hoss" Burson:
[ ] YES "SHALL CHARLES "ROSS" BURSON,
COUNCILMEMBER FOR DISTRICT 6, OF THE CITY OF
[ ] NO GEORGETOWN, BE RECALLED FROM THE OFFICE OF
COUNCILMEMBER FOR DISTRICT 67
Section 4. Conduct of election and appointment of officials. The Election shall be conducted
by election officers appointed herein by the City Council in accordance with the Texas Election
Code, the Constitution and laws of the State of Texas and the United States of America.
Pursuant to Subchapter D of Chapter 31 of the Texas Election Code, the City Council is
further ordering that this Recall Election be conducted under the terms and conditions of an
Election Services Agreement between the City of Georgetown and Williamson County, which is
attached to this Resolution and labeled as Exhibit "A" and incorporated by referenced as if fully
set out herein. Chapter 31, Subchapter D, of the Texas Election Code provides that a city may
contract with the County Elections Officer for election services if the city is located in whole or
in part in the county.
As authorized by Chapter 31, Subchapter D of the Texas Election Code, the Georgetown
City Council hereby appoints the Williamson County Elections Administrator, Mr. John
Willingham, P O Box 209, Georgetown, Texas 78627, as the election officer for the purpose of
conducting the February 2, 2002 Recall Election. This appointment includes services as Early
Voting Clerk for the election, Counting Station Manager, Presiding Judge of the Central
Counting Station, and Tabulation Supervisor.
In addition and in accordance with Chapter 66 and Chapter 31 of the Texas Election
Code, the City Council hereby appoints Mr. John Willingham, agent for the Custodian of
Records ( "Agent ") for the election for the purpose of preserving voted ballots and other election
records as required by the Texas Election Code.
Section 5. Voting Precincts, Election Day Polling Places and Election Judges. Except as
otherwise provided herein, the voting precincts for the City of Georgetown shall be designated as
Precinct "A" and Precinct `B." Precinct "A" shall be comprised of the territory included in City
Council Districts 1, 2, 3, 6 and 7. Precinct "B" shall be comprised of the territory included in
City Council Districts 4 and 5. The election day polling places for each respective voting
precinct and the persons hereby appointed as Presiding Judge and Alternative Presiding Judge
for each polling place, are set out as follows:
Polling Place Precinct "A"
Georgetown Public Library
808 Martin Luther King Boulevard
Georgetown, Texas
For voters residing in City Single -
Member Districts 1, 2, 3, 6 and 7
Polling Place Precinct "B"
Georgetown Independent School District
Administration Building, North Door
603 Lakeway Drive
Georgetown, Texas
For voters residing in City Single -
Member District 4 and 5
Presiding Judge:
Diane Orr Sansom
Alternate Presiding Judge:
Dorothy Ramsey Frazier
Presiding Judge:
Velta Simmons
Alternate Presiding Judge:
Lillie Hollan Hargett
In the event that the Mayor or the Administrator shall determine and from time to time
determine that the polling places, including the early voting polling places, shall become
unavailable or unsuitable for conducting the election, or it would be in the City's best interest to
relocate polling places, the Mayor is hereby authorized to designate in writing substitute polling
places, giving notice as is required by the Texas Election Code.
Section 6. Election Judges, Clerks and Early Voting Ballot Board. Each of the respective
Presiding Judges including the Central Counting Station Presiding Judge is hereby authorized to
appoint the necessary election clerks (not less than two and not more than six) to assist in
conducting the election. If the appointed Presiding Judge actually serves, the Alternate Presiding
Judge shall serve as one of the clerks. In the absence of the Presiding Judge, the Alternate
Presiding Judge shall perform the duties of the Presiding Judge. In the event that and from time
to time a Presiding Judge or Alternative Presiding Judge hereby appointed or hereinafter
designated shall become disqualified or unable to service, the Mayor is authorized to designate
and appoint in writing substitute Presiding Election Judges or Alternative Presiding Judges,
giving notice as provided by the Texas Election Code.
Supplemental Recall Election Resolution No.
Page 4 of 7 Pages
An early voting ballot board is hereby created to process early voting results and Ms.
Norma Harris, 1402 Hutto Road, Georgetown, Texas 78626 is hereby appointed the Early Voting
Ballot Board Judge of the Board. The Presiding Early Voting Ballot Board Judge shall appoint
not less than two nor more than five resident qualified electors of the City to serve as members of
the Early Voting Ballot Board.
Election officials shall be compensated at an hourly rate for hours spent in training as
well as those hours spent while on duty in an amount equal to the amount of the federal
minimum hourly wage. Officials who deliver the ballots and election supplies to the Central
Counting Station after the close of the polls on Election Day shall be compensated an additional
flat fee of $25.00 over the hourly rate for their service.
Section 7. Election information to be provided in Spanish. The Mayor and all other election
officers appointed by the City Council responsible for the preparation of notices, instructions,
orders, ballots and other written material pertaining to the Recall Election shall cause each such
document to be translated into and furnished to voters in both the English language and the
Spanish language in order to aid and assist voters speaking Spanish as a primary or an alternative
language to properly participate in the election process. In addition, the Mayor and other
responsible election officers are hereby authorized and directed to make available to the voters
having the need of an individual capable of acting as a translator and speaking both English and
Spanish languages who will assist Spanish speaking voters in understanding and participating in
the election process.
Section 8. Early Voting by Mail. As authorized by the Texas Election Code, the Williamson
County Election Administrator shall be appointed as the Clerk for early voting. Application for
ballots by mail shall be mailed to:
Mr. John Willingham, Early Voting Clerk
Williamson County Elections Administrator
P O Box 209
Georgetown, Texas 78627
The Early Voting Clerk shall collect all applications for ballots received at the above
address during the period allowed by the Texas Election Code and shall deliver all such
applications and ballots voted by mail as directed under the Election Services Agreement.
Section 9. Early Voting. The Early Voting Clerk shall have the authority to designate such
deputy early voting clerks as may be necessary to staff the Main Early Voting Polling Place and
each Temporary Branch Polling Place established under this Order.
Early voting by personal appearance shall take place at the Williamson County
Courthouse, 710 Main Street, Georgetown, Texas, and Branch Early Voting by personal
appearance will take place at the Georgetown Independent School District Administration
Building, 603 Lakeway Drive, Georgetown, Texas. Each location will remain open during
Supplemental Recall Election Resolution No._
Page 5 of 7 Pages
normal business hours (8:00 a.m. to 5:00 p.m.) each day specified for early voting, which is not a
Saturday, a Sunday, or an official state holiday, beginning on the 17th day preceding the date of
the election, which is Wednesday, January 16, 2002, and continuing through the 4th day
preceding the date of the election, which is Tuesday, January 29, 2002.
Early voting shall also be conducted on Saturday, January 19, 2002, from 9:00 a.m. to
1:00 p.m. and on Saturday, January 26, 2002, from 1:00 p.m. to 5:00 p.m. at the Main Early
Voting Location at the Williamson County Courthouse, 710 Main Street, Georgetown, Texas.
Section 10. Delivery of Voted Ballots and other election records. In accordance with the
requirements of the Texas Election Code, after the close of voting on election day, the Presiding
Election Judge for each precinct shall deliver the ballot boxes for their respective precinct to
election officers at the Central Counting Station. The Early Voting Ballot Board, at the time and
in the manner permitted under the Texas Election Code, shall deliver the early voting ballots to
the Central Counting Station for counting.
The Administrator, as Presiding Judge of the Central Counting Station, shall make a
written unofficial tabulation of the Election Results. As Agent to the Custodian of Records, the
Administrator shall secure the voted ballots and election records in accordance with requirements
of the Texas Election Code.
Section 11. Canvassing of Returns; Declaring Results. The Williamson County Elections
Administrator, as Georgetown's designated election officer shall provide the written return of the
Recall Election results to Georgetown in accordance with the Texas Election Code. The City
Council shall canvass the returns and declare the results of the Recall Election in accordance
with the Texas Election Code and the City of Georgetown Charter at a Special Council meeting
on Tuesday, February 5, 2002, at 5:00 p.m.
Section 12. Notice of Election. Notice of the Recall Election shall be published one time in the
English and Spanish languages, in a newspaper published within Georgetown's territory at least
10 days and no more than 30 days before the Recall Election and as otherwise may be required
by the Texas Election Code. Notice of the Recall Election shall also be posted on the bulletin
board used by the City Council to post notices of its City Council meetings no later than the 21st
day before the Recall Election.
Section 13. Authorization to Execute. The Mayor of the City of Georgetown is authorized to
execute and the City Secretary is authorized to attest to this Order on behalf of the City Council;
and the Mayor is further authorized to do all other things legal and necessary in connection with
the holding and consummation of the Recall Election.
Section 14. Preamble true and correct. The facts and recitations contained in the preamble
are hereby found to be true and correct, and are incorporated by reference herein and made a part
hereof, as if copied verbatim.
Supplemental Recall Election Resolution No 11Z 701—
Page 6 of 7 Pages
Section 15. Resolution No. 111301 -V. The facts and recitations contained in the preamble and
the terms and provisions contained in Resolution No. 111301 -V, to the extent that they are not
inconsistent herewith, are found to be true and correct, and are incorporated by reference herein
and expressly made a part hereof, as if copied verbatim.
Section 16. Effective Date. This Order is effective immediately upon its passage and approval.
PASSED AND APPROVED: < )2001.
ATTEST:
{Sep
AP
PR+
Mayor of the City of Georgetown, Texas
Supplemental Recall Election Resolution No. f ` 1 — Y
Page 7 of 7 Pages
Exhib;t "A
i
BETWEEN THE CITY OF GEORGETOWN
1 WILLIAMSON COUNTY
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This Agreement is entered into this : ,7'0J, day of November, 2001, by and between
Williamson County, Texas a political subdivision of the State of Texas (hereinafter referred
to as the "County "), and the City of Georgetown (hereinafter referred to as the "City ").
WITNESSETH
WHEREAS, the City has ordered a recall election (the "Election ") to be held within the
boundaries of the City on February 2, 2002; and,
WHEREAS, Chapter 31, Subchapter D, of the Texas Election Code allows the County to
contract with the governing body of a political subdivision situated wholly or partly in the
County to perform election services in an election held by the political subdivision; and,
WHEREAS, the Williamson County Elections Administrator ( "Administrator ") has
significant experience and expertise in conducting elections derived from his service on behalf of
the County; and,
WHEREAS, the County may hire additional election administration personnel as
necessary to carry out this agreement; and,
WHEREAS, it would be to the benefit of the City and its citizens and voters thereof, the
majority of whom are also citizens of the County, to contract with the County Administrator to
Agreement to Perform Election Services
Page 1 of 10 Pages
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perform election services in the recall election scheduled to be held on February 2, 2002
( "Election Day "); and
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual
covenants and agreement contained herein, as well as other good and valuable consideration
stated herein below, the County and the City agree as follows:
PURPOSE
It is the purpose of this Agreement to Perform Election Services Between the City of
Georgetown and Williamson County to set forth the purpose, terms, rights and duties of the
contracting parties whereby the County is to provide certain governmental functions and services
limited to the undertaking of a recall election herein described for the City.
TERMS, RIGHTS AND DUTIES
I. COUNTY'S DUTIES
The County shall perform the following duties in connection with conducting the City's
election:
1. Procure, allocate, and distribute all election supplies, including
coordination of ballot printing; Ballots will be printed in accordance with election
laws and the wording provided by the City; the County will furnish the City with
sample ballots for its election;
2. Arrange for election officers and personnel necessary to conduct the
election on February 2, 2002, including personnel to conduct the verification
Agreement to Perform Election Services
Page 2 of 10 Pages
count after the election;
3. As the Early Voting Clerk for the election, make arrangements for
locations and clerks, provide modems and terminals if necessary, and conduct
early voting by personal appearance and by mail, as provided in the City's
Election Resolution;
4. Arrange for election day polling locations and provide appropriate number
of voting booths;
5. Provide pre - locked, pre - sealed ballot boxes;
6. Test tabulation equipment;
7. Keep the Administrator's office open on election day from 7 a.m. until all
work is completed and provide assistance to election workers and the public on
election day;
8. Operate the central counting station in the Williamson County Annex on
election day and provide tabulations to City by February 4, 2002;
9. Submit to City within 30 days a statement of costs payable based on use of
ballots, polling places, supplies, programming, etc., with costs to be itemized and
based on actual invoices or other appropriate documents;
10. Serve as agent of the Custodian of election records for the purpose of
securing and storing voted ballots and provide for delivery of supplies, ballot
boxes and voting equipment to and from the polling places;
11. Conduct election schools for early voting election day clerks;
12. Prepare and publish all Notices pertaining to tabulation testing, as required
Agreement to Perform Election Services
Page 3 of 10 Pages
by law;
13. Provide City with copies of election records;
14. Pay any claims for election expenses pursuant to Section 31.098(a) of the
Texas Election Code;
15. Pay claims to third parties attributable to the election which the County
conducts on behalf of the City if said claims become due prior to the County's
submission of an itemized bill of costs to the City. Said claims shall be paid
from: (1) funds deposited by the City with the County Treasurer, pursuant to
Section 31.100(a) of the Texas Election Code; and (2) funds paid by the City to
the County after the election is held, pursuant to Section II, CITY'S DUTIES as
set forth in this Agreement; and
16. Pay salaries and wages of persons employed temporarily to perform duties
under this Agreement from funds deposited by the City with the County Treasurer
pursuant to Section 31.100(a) and (e) of the Texas Election Code; and
17. Perform any and all other items necessary or required to conduct the
election.
II. CITY'S DUTIES
The City shall be required to perform the following duties in connection with the terms
and conditions of this Agreement:
Furnish wording of the ballot for the City's election in English and
Spanish, and give final approval of the City's ballot in writing;
2. Establish Early Voting and Election Day polling places that are accessible
Agreement to Perform Election Services
Page 4 of 10 Pages
Res. 112701-V
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in accordance with the Election Code and that are otherwise convenient for the
voters;
3. Appoint Election Judges and Alternate Judges and notify same;
4. Appoint Administrator as Early Voting Clerk for the election and manager
of the Central Counting Station and forward any ballot by mail applications to
Administrator;
5. Appoint Administrator agent for the Custodian of Election Records for the
election;
6. Prepare and submit any voting changes to the United States Department of
Justice as required by the Federal Voting Rights Act of 1965, as amended, for the
City's election;
7. Receive and process official tabulation in accordance with the Texas
Election Code, including but not limited to canvassing the vote in accordance
with Texas Election Code § 65.001 et seq.;
8. Perform those duties and functions which by law the City remains
required to perform;
9. Notify the County of exact boundaries of the City's boundaries; and
10. Give notice of election as required by all applicable laws, including
Chapter 4 of the Texas Election Code.
As consideration for performing the duties herein described in relation to the City's
election to be held February 2, 2002, the County shall charge its actual costs plus an
Agreement to Perform Election Services
Page 5 of 10 Pages
Res. //270/—y
"xh; - it to
administrative fee of ten percent (10 %) of the total amount of the actual costs of holding the
City's recall election pursuant to Texas Election Code Section 31.100(d). The County and the
City agree that the estimated total cost of the bond election, as reflected in Exhibit "A," attached
hereto and incorporated herein for all purposes, sets forth the estimated compensation to be paid
to the County, such compensation to be an amount that `fairly compensates" the County for the
services and functions performed under this Agreement as required pursuant to Section 31.100(c)
of the Texas Election Code. In this regard the parties expressly agree to the following terms with
respect to the compensation the City shall pay the County for the services and equipment
provided hereunder;
By or before December 17, 2001, the City shall deposit with the County's
Treasurer (70 %) of the amount the City is estimated to pay the County, as
reflected in Exhibit "A," for election costs pursuant to Section 31.100(a) of the
Texas Election Code; The County will refund any portion of the advance not
required to pay the City's actual costs of the election;
2. The City shall be responsible for paying for ballots, election supplies,
computer programing and maintenance, and other election expenses;
3. The City shall be responsible for paying for the cost of hiring election
workers and polling place expenses, including furniture rental, if any;
4. The County shall submit an itemized bill of actual costs for the services
and equipment provided hereunder, plus the administrative fee of ten percent
(10 %) of the total amount of the actual costs of the election. The City shall pay
the total amount billed within thirty (30) days of receipt of said itemized bill.
Agreement to Perform Election Services
Page 6 of 10 Pages
Exhlbii "A"
Should the actual costs for the services and equipment provided hereunder exceed
the estimated costs as set forth in Exhibit "A," the City hereby expressly agrees to
pay the County for all such actual costs so that the County is fairly compensated
as agreed; and
5. The City expressly represents that it is able to pay for said election from
current revenues as is required pursuant to Section 791.011(d)(3) of the Texas
Government Code.
MORIM
This Agreement shall be effective as of the date of its execution by both parties and shall
remain in effect for the City's February 2, 2002 election and until such time as all consideration
owed to the County for services provided hereunder is paid and all duties agreed to be performed
by the parties have been completed.
V. INDEMNIFICATION
To the extent permitted by law, the City hereby agrees to assume full responsibility for
any and all injuries or accidents which may occur on or about the premises of any and all voting
locations, including early voting and voting on election day, and hereby expressly agrees to
completely indemnify and hold the County and the Administrator harmless from any and all
claims, damages, lawsuits, or otherwise relating to persons or property whether or not the cause
or causes are associated with the services performed or equipment provided by the County or the
Administrator, their officials, agents, employees, or representatives in connection with this
Agreement. In connection with the performance of this Agreement, neither Williamson County
nor the Administrator shall be liable to third parties for any default of the City in connection with
Agreement to Perform Election Services
Page 7 of 10 Pages
Res. II 2701- V
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the holding of the election, including failure by the City to pay any expense hereunder, and the
City shall not be liable to third parties for any default of the Administrator in connection with the
holding of the election.
VI. FORCE MAJEURE
In the event that the performance by the County of any of its obligations or undertakings
hereunder shall be interrupted or delayed by any occurrence not occasioned by its own conduct,
whether such occurrence be an act of God or the result of war, riot, civil commotion, sovereign
conduct, or the act of condition of any persons not a party or in privity thereof, then it shall be
excused from such performance for such period of time as is reasonably necessary after such
occurrence to remedy the effects thereof.
VII. VENUE AND CHOICE OF LAW
The obligations and undertakings of each of the parties to this Agreement shall be
performable in Williamson County, Texas and this Agreement shall be governed by and
construed in accordance with the laws of the State of Texas.
VIII. MODIFICATION
This Agreement contains the entire agreement of the parties relating to the rights herein
granted and the obligations herein assumed. Any prior agreements, promises, negotiations, or
representations not expressly contained in this Agreement are of no force and effect. Any oral
representations or modifications concerning this Agreement shall be of no force or effect,
excepting a subsequent modification in writing signed by each party. No official, representative,
employee or agent of the City has any authority to modify or amend this Agreement except
pursuant to specific authority to do so granted by the City Council of the City of Georgetown.
Agreement to Perform Election Services
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Res. Imoi-V
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IX. NON - ASSIGNMENT OF RIGHTS
No assignment of this Agreement or of any right accruing hereunder shall be made in
whole or in part by either party without the prior written consent of the other party.
X. SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and inure to the benefit of the successors in office
and assigns of the representative parties hereto.
XI. SEVERABILITY
In case any one or more of the provisions contained in this Agreement for any reason
shall be held to be invalid, illegal, or unenforceable in any respect, such invalidity, or
unenforceability shall not affect any other provisions hereto, and this Agreement shall be
construed as if such invalid, illegal, or unenforceable provisions had never been contained
herein.
XII. NOTICES
Any notice to be given hereunder by either party to the other shall be in writing and may
be effected by personal delivery in writing or certified mail, return receipt requested, when
mailed to the proper party, at the following addresses:
City of Georgetown Williamson County
c/o Ms. Sandra D. Lee c/o Mr. John Willingham
City Secretary Williamson County Elections Administrator
609 Main Street P O Box 209
Georgetown, Texas 78626 Georgetown, Texas 78627
Each party may change the address for notice to it by giving notice of such change in accordance
with the provisions of this Section.
Agreement to Perform Election Services
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XIII. CANCELLATION
In the event that the City's election is cancelled, in whole or in part, the City shall pay all
costs incurred up to the date of cancellation. Such costs shall be determined by the Williamson
County Election Administrator.
IN WITNESS WHEREOF, Williamson County and the City of Georgetown have
caused this Agreement to be effective as of the
ATTEST:
Sandra D. Lee, City Secretdry
G�4�
Trish Carls, City Attorney
WILLIAMSON COUNTY
JohnW llingham t
Williamson County Electi s Administrator
Agreement to Perform Election Services
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Res. l /2701-
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x ;b
E TA day of IV � Il e-tn b e,r , 2001.
` MaryEllen Kersch, Mayor