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HomeMy WebLinkAboutRES 021015-O - General ElectionRESOLUTION OF • OF GEORGETOWN,ORDERING A GENERAL ELECTION•R ELECTION OF • FOR • DISTRICTS 1 AND 5 TO: r• 2015, • .ERING A RUN-OFF ELECTION, A.VD ESTABLISHING PROCEDURESFOR _ rELECTIONS- WHEREAS, the City Council is composed of a Mayor and seven Council Members per Article II of the City Charter and WHEREAS, the Mayor is elected at large and the Council members are elected from single -member districts and WHEREAS, the Mayor and Council members serve three year terms WHEREAS, the Mayor and Council members are composed of the following individuals with terms as delineated as follows: OFFICE DATE THAT TERM EXPIRES MAYOR DALE ROSS MAY 2017 • DISTRICT 3 COUNCIL MEMBER HESSER DISTRICT 5 COUNCIL MEMBER HAMMERLUN MAY 2017 MAY 2016 MAY 2016 MAY 2015 MAY 2017 MAY 2016 WHEREAS, the laws of the State of Texas and the Charter of the City of Georgetown, Texas provide that on Saturday, May 9, 2015, there shall be a General Election at which shall be elected the following officials for this City. Two (2) Members of the Georgetown City Council: Councilmembers from each of Districts I and 5; and WHEREAS, the laws of the State of Texas and the Charter of the City of Georgetown, Texas further provide that the Election Code of the State of Texas is applicable to said election, and in order to comply with said Code, a Resolution should be passed establishing the procedure to be followed in said election and designating the voting places for said election. NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS THAT: The facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. SECTION 2. CANDIDATES This general election shall be held to elect the Council members for City of Georgetown Single -Member Districts 1 and 5. The boundaries for Single -Member Districts I and 5 have been updated to include newly annexed lands. Maps showing the updated boundaries are attached hereto as Exhibits "A" and "B". An updated map of the entire area within the city limits (showing the boundaries of all of the council districts) is attached hereto as Exhibit "C". These maps are hereby adopted as the Official Council District Maps and shall determine the qualification of the candidates to serve and shall govern the qualification of the voters to vote in said election. All candidates for the election to be held on the second Saturday in May, 2015, for the Council members for Districts 1 and 5 shall file their applications with the City Secretary at the City Hall, 113 E. 81" Street, Georgetown, Texas, on or before 5:00 p.m. on Friday, February 27, 2015. The order in which the names of the candidates are to be printed on the ballot shall be determined by a drawing held by the City Secretary on Friday, March 6, 2015, at 4:00 p.m. in the Main Floor Foyer at City Hall, 113 E. 811, Street, Georgetown, Texas. F -e -S A* (bak 11315 -D ordwiv,P) lt�A&y % �)VVE� VteC+0V1 As provided in the City Charter, in the event that no candidate can be declared the winner in any or all of the individual races to be conducted in the General Election, a runoff election shall be held not earlier than 20 days nor later than 45 days after the date of the Final Canvass of the May 9, 2015 Election. If necessary, the period for the Run Off Election is scheduled for between June 1, 2015 and July 6, 2015. In such Runoff Election, the two candidates who received, in the preceding election, the highest number of votes for each office to which no one was elected, shall be voted on again, and the candidate who receives the majority of the votes cast for each such office in the Runoff Election shall be elected to such office. Voting shall be conducted with optical scan ballots prepared in conformity with the Texas Election Code, and there shall be at least one disabled -access voting device, such as a Direct Recording Electronic (DRE) machine at each polling place. Pursuant to Subchapter D of Chapter 31 of the Texas Election Code, the City Council is further ordering that this General Election and possible Runoff Election be conducted under the terms and conditions of a joint Election Agreement and Contract for Election Services ("Joint Election Agreement") between the City of Georgetown and Williamson County, the form of which is attached to this Resolution and labeled as Exhibit "D". 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. In addition, this will be a joint election conducted with other entities that will also hold an election on May 9, 2015 pursuant to the joint Election Agreement. As authorized by Chapter 31, Subchapter D of the Texas Election Code, the Georgetown City Council hereby appoints the Interim Williamson County Elections Administrator, Kay Eastes, 301 Inner Loop, Suite 104, Georgetown, Texas 78626, as the election officer for the purpose of conducting the May 9, 2015 General Election. This appointment includes services as Early Voting Clerk for the Election, Counting Station Manager, Presiding Judge of the Central Counting Station, Alternate Judge and Tabulation Supervisor. In addition and in accordance with Chapter 66 and Chapter 31 of the Texas Election Code, the City Council hereby appoints Interim Williamson County Elections Administrator, Kay Eastes, as agent for the Custodian of Records ("Agent") for the May 9, 2015 General Election for the purpose of preserving voted ballots and other election records as required by the Texas Election Code. Early Voting by Personal Appearance shall take place at the locations and times delineated by the Williamson County Election Administrator per the joint Election Agreement beginning on the 12th day preceding the date of the election, which is Monday, April 27, 2015, and ending on the fourth day before Election Day, which is Tuesday, May 5, 2015. In the event of a Runoff Election, Early Voting by Personal Appearance shall take place at the locations and times delineated by the Williamson County Elections Administrator per the joint Election Agreement. If the Elections Administrator plans to change any of the polling locations or the dates and times, he shall timely notify the Cityof Georgetown so that the appropriate Justice Department Submission can be made by the City Attorney and the City Council can be made aware thereof and be given the opportunity to comment thereon. Election Day Voting shall take place from 7:00 a.m. to 7:00 p.m. at the locations delineated by the Williamson County Election Administrator per the joint Election Agreement. If the Elections Administrator plans to change any of the polling locations or the times, he/she shall timely notify the City of Georgetown so that the appropriate Justice Department Submission can be made by the City Attorney and the City Council can be made aware thereof and be given the opportunity to comment thereon. In the event of a Runoff Election, the Georgetown Election Day voting locations will be as delineated by the Williamson County Elections Administrator per the joint Election Agreement. If the Elections Administrator plans to change any of the polling locations or times, he/she shall timely notify the City of Georgetown so that the appropriate Justice Department Submission can be made by the City Attorney and the City Council can be made aware thereof and be given the opportunity to comment thereon. The Mayor and all other election officers appointed by the City Council as being responsible for the preparation of notices, instructions, orders, ballots, and other written material pertaining to the General 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. The Williamson County Elections Administrator, as Georgetown's designated election officer, shall provide the written return of the Election results to the City of Georgetown in accordance with the Texas Election Code. The City Council shall canvass the returns on a date and time set by the Mayor between the dates of May 12, 2015 and May 20, 2015 and declare the results of the General Election in accordance with the Texas Election Code Section 67.003(b), which provides that for elections held on the uniform election date in May, the following provisions apply: For an election held on the uniform election date in May, the local canvass must occur not later than the 11th day after Election Day and not earlier than: (1) the third day after election day; (2) the date on which the early voting ballot board has verified and counted all provisional ballots, if a provisional ballot has been cast in the election; or (3) the date on which all timely received ballots cast from addresses outside of the United States are counted, if a ballot to be voted by mail in the election was provided to a person outside of the United States. Notice of the General Election shall be published at least 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 General Election and as otherwise may be required by the Texas Election Code. Notice of the General 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 General Election. The Mayor of the City of Georgetown is authorized to execute and the City Secretary is authorized to attest to the 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 General Election which includes the giving of and the publication of the Notice of Election to be in a form as to be approved by the City Attorney. The facts and recitations contained in the preamble of this resolution are hereby found to be true and correct, and are incorporated by reference herein and made a part hereof, as if copied verbatim. This Resolution shall be effective immediately upon its approval. PASSED AND APPROVED this 10 day of February, 2015 by the City Council of the City of Georgetown. THE CITY OF GEORGETOWN: Attest: L By: Dale Ross, Mayor Jess` a rettle, City Secretary Exhibit A N 0 Ttwo., Exhibit C ROMIOWN] - �� Fln�cr=y a a o 5 r on f t'" L) b� v o 4i In v a R CD t sow 442 Vt- LOOp y 9 k 0 talk S5,1_11 Dry Derry iiia@K HS. M'Ui tr£Z a� w IY H® y'4n 3 y 6 b 4 e i Tom 4 lY �e F` �,... !a �'•,�,p% CL.�R�} a�?.,M i .�"rf 1�" Q® IY aT` f( Z a o qct 1.490 LO At 10 LU G®Qt 'c( 5u �V r sr - 1 fork loee � yam obrieliaer t } sailT 1r ' T4z lei ' SIP fit d I$ ! Ali rej _ r rpt 4� -*`ltr Iva w Lu tr`►+ ,. 6 car CV {Np t�4$ W S# yQS QI cm IV WOO `ss C ac�4 .i 04 .12 sIV or E »J _m In A 2 O Q r N CO V LO SO 1— coN 0) E0 CL CO CJ L v v '(D O f6 fn U7 tVo N N. fq UD 2i r w c)ca E o 0 o n aPOO� 4 ®� IN '2g9 G� o a �Sc� 4urf8 RON f ��mo5 12192 WILLIAMSON 1848 THIS Joint Election Agreement and Contract for Election Services ("Contract") is made by and between the Williamson County Interim Elections Administrator ("Elections Administrator") and political subdivisions ("Participating Authority" or "Participating Authorities") located entirely or partially inside the boundaries of Williamson County, The complete list of Participating Authorities will be available after the final day to cancel an election as prescribed by the Secretary of State's election calendar and will be listed as Attachment A. This Contract is made pursuant to Texas Election Code Sections 31.092 and 271.002 and Texas Education Code Section 11.0581 for ajoint election tobeheld unthe uniform election date ofMay A.2O1S' and administered by, Kay Eaates, Williamson County Interim Elections Administrator. This Contract supersedes ny and all prior contracts and agreements to conduct joint elections between a Participating Authority and the Williamson County Elections Office. WHEREAS, Williamson County owns on electronic voting system, the Election System and Software (BG&S) iVotronic/M100/M650 Voting System (Version 3.0.1.1), which has been duly d by the Secretary of State pursuant to Texas Election Code Chapter 122 as amended, and is compliant with the accessibility requirements for persons with disabilities set forth by Texas Election Code Section 61.012. The Participating Authorities desire to use Williamson County's electronic voting system, to compensate Williamson County for such use, and to share in certain other expenses connected with joint elections, in accordance with the applicable provisions of Chapters 31 and 271 of the Texas Election Code, aeamended, and NOW THEREFORE, in consideration of the mutual covenants, egraennenta, and benefits to the parties, IT IS AGREED' as follows: i ADMINISTRATION The Participating Authorities agree to hold a "Joint Election" with Williamson County,ifapplicable, and each other in accordance with Chapter 271 of the Texas Election Code and this Contract. The Elections Administrator shall coordinate, supervise, and handle all aspects ofadministering the Joint Election as provided in this Contract. Each Participating Authority agrees to pay the Elections Administrator for equipment, programming, election personnel, supp|iam, aen/iues, and administrative costs as provided in this Contract. The Elections Administrator shall serve as the Election Officer for the Joint Election; however, each Participating Authority shall remain responsible for the decisions and actions of its officers necessary for the lawful conduct of its election. The Elections Administrator shall provide advisory services h?connection with decisions tobemade and actions bzbetaken bythe officers ofeach Participating Authority am necessary. It is understood that other political subdivisions and districts may wish in participate in the use of VVUUorneuV County's electronic voting system and polling places, and it is agreed that the Elections Administrator may enter into other contracts for election aen/|ceo for those purpoeea, on terms and conditions generally similar tuthose set forth inthis Contract. In such cases, costs shall be pro -rated among the participants according to Section XI of this Contract. Each Participating Authority shall be responsible for the preparation, adoption, and publication of all required election orders, resolutions, notices, and any other pertinent documents required by the Texas Election Code and/or the Participating Authority's governing body, charter, or ordinances, except that the Elections Administrator shall be responsible for the preparation and publication of all voting equipment testing notices that are required by the Texas Election Code. Election orders should include language that would not necessitate amending the order if any of the Early Voting and/or Election Day polling places change. Preparation of the necessary materials for notices and the official ballot shall be the responsibility of each Participating Authority, including providing the text in English and Spanish. Each Participating Authority shall provide a copy of their respective election orders and notices to the Elections Administrator. The Elections Administrator shall select and arrange for the use of and payment for all Election Day voting locations. Voting locations shall be compliant with the accessibility requirements established by Election Code Section 43.034 and the Americans with Disabilities Act (ADA).The proposed Election Day voting locations are listed in Attachment B of this Contract and may be amended. In the event a voting location is not available or appropriate, the Elections Administrator will arrange for use of an alternate location. The Elections Administrator shall notify the Participating Authorities of any changes from the locations listed in Attachment B. If polling places for the May 9, 2015 joint election are different from the polling place(s) used by a Participating Authority in its most recent election, the authority agrees to post a notice no later than May 9, 2015 at the entrance to any previous polling places in the jurisdiction stating that the polling location has changed and stating the Participating Authority polling place names and addresses in effect for the May 9, 2015 election. This notice shall be written in both the English and Spanish languages. The Elections Administrator will recruit all election workers. The Elections Administrator will take the necessary steps to insure that all election judges appointed for the Joint Election are eligible to serve and meet the eligibility requirements in Subchapter C of Chapter 32 of the Texas Election Code and meet any requirements to serve as an Election Worker set forth by the Williamson County Commissioners Court. The Elections Administrator shall arrange for the training and compensation of all election judges, clerks, and election personnel. The Elections Administrator shall arrange for the date, time, and place for the presiding election judges to pick up their election supplies. As set forth in Sec. 32.009 of the Texas Election Code, each presiding election judge and alternate presiding judge shall be given written notice of their appointment. The notice from the Elections Administrator will include the time and location of training and distribution of election supplies and the number of election clerks the presiding judge may appoint. Each election judge and clerk will receive compensation at the hourly rate established by Williamson County pursuant to Texas Election Code Section 32.091. The election judge, or his designee, will receive an additional sum of $25.00 for picking up the election supplies prior to Election Day and for returning the supplies and equipment to the central counting station after the polls close. The compensation rates established by Williamson County are: Rev. 0 1. 05.2015 May 9, 2015 Early Voting — Early Voting Supervisor ($12 an hour), Clerks ($10 an hour) Early Voting — EV Mobile Team: Supervisor ($14 an hour), Clerks ($12 an hour) BectionCay—PresidingJudQe ($12 an hour), Alternate Judge ($1Oanhour),Clerk ($1Oanhour) Election judges and clerks who attend voting equipmentand procedures training shall be compensated at the hourly rates listed above. Election poll workers will be paid a flat fee of $25.00, one time annually (per calendar year) for 100% completion of the Williamson County online poll worker training program. The Elections Administrator may employ other personnel necessary for the proper administration of the election, including such part-time help as is necessary to prepare for the election, to ensure the timely delivery of supplies during early voting and on Election Day for the efficient tabulation of ballots at the central counting station, and for the post- election processes conducted by warehouse personnel. Part-time personnel working in support of the Early Voting Ballot Board and/or central counting station on election night will be compensated at the hourly rate set by Williamson County in accordance with Election Code Sections 87.005, 127.004, and 127.006. |naccordance with See. 31.098 of the Texas Election Code, the Elections Administrator is authorized to contract with third personsfor election services and supplies. The actual cost ufsuch third -person services and supplies will be paid by the Elections Administrator and reimbursed by the Participating Authorities. V. PREPARATION OF SUPPLIES AND VOTING EQUIPMENT The Elections d i trashall arrange for all election suppliesand voting equipment including, but not limited to, Williamson County's electronic voting system and equipment, official ballots, sample ballots, voter registration lists, and all forms, signs, maps and other materials used by the election judges at the voting locations. The Elections Administrator shall ensure availability of tables and chairs at each polling place and shall procure rented tables and chairs for those polling places that do not have a sufficient number of tables and/or chairs. The Elections Administrator shall be responsible for conducting all required testing of the electronic equipment, as required by Chapters 127 and 129 of the Texas Election Code. Joint participants shall share voting equipment and supplies to the extent possible. A single ballot containing all the offices or propositions stating measures to be voted on at a particular polling place may be used in a joint election. A voter may not be permitted to select ballot containing an office or proposition stating e measure on which the voter is ineligible to vote. Multiple ballot styles shall be available in those shared pollingplaces where jurisdictions donot overlap. The Elections Administrator shall provide the necessary voter registration (nfm/moUon, maps, instructions, and other information needed to enable the election judges in the voting locations that have more than one ballot style to conduct a proper election. Each Participating Authority shall furnish the Elections Administrator a Det of candidates and/or propositions showing the order and the exact manner and in which the candidate names and/or proposition(s) are to appear on the official ballot (including titles of offices and text i both English andSpanish languages). ThParticipating Authorities are required to submit information in a format or template provided by the Elections Office. Each Participating Authority shall be responsible for proofreading and approving the ballot insofar as it pertains to that authority's candidates and/or propositions. Each Participating Authority shall also be responsible for proofing and approving the audio recording of the ballot insofar as it pertains to that authority's candidates and/or propositions. |nthe event a Participating Authority identifies anerror after approval oftheir respective ba|bt(s)prVoKa1and any programming and/or audio files require changes, the Participating Authority approving the original ballot and audio proof will be responsible for the full cost of reprogramming if required. This will include the cost of reprogramming bsd|ct language and/or audio files for other Participating Authorities as necessary due to software limitations. Rev. 01.05.2015 May 9, 2015 Early Voting by Personal Appearance and/or the use orVote Centers, Texas Election Code Section 43.007, on Election Day shall be conducted exclusively on Williamson County's iVotronic electronic voting system. Provisional ballots will be cast onpaper ballots. The Elections Administrator shall be ib| for the programming, preparation, testing, and delivery of the voting system equipment for the election aorequired bythe Election Code. The Elections Administrator shall conduct criminal background checks for relevant election officials, staff, and temporary workers upon hiring aerequired byElection Code 12Q,O51(g). VI. EARLY VOTING The Participating AuthmritiesaQnaeh0conduCt`ointear|yvmt and 6oappoint th Election Administrator aathe Early Voting Clerk in accordance with Sections 31.087 and 271.006 , Texas Election Cod*, Each Participating Authority agrees to appoint the Elections Administrator's permanent county employees as deputy early voting clerks. The Participating Authorities further agree that the Elections Administrator may appoint other deputy early voting clerks to oua|ol in the conduct of early voting as necessary, and that these additional deputy early voting clerks shall be compensated at an hourly rate set by Williamson County pursuant to Section 83.052 of the Texas Election Code. Deputy early voting clerks who are permanent employees ofthe Williamson County Elections Administrator be paidfrom the election services contract fund for contractual duties performed outside of normal business hours (Sec. 31.100(e), Texas Election Code). Early Voting by personal appearance will be held at the locations, dates, and times listed in Attachment C of this document and may beamended. |nthe event evoting location ionot available orappropriate, the Elections Administrator will arrange for use of an alternate location. The Elections Administrator shall notify the ParticipatingAuthorities of any changes from the locations listed \nAttachment C. Any qualified voter ofthe Joint Election may vote early bypersonal appearance atany one ofthe joint early voting locations. AsEarly Voting Clerk, the Elections Administrator shall receive applications forear|ywot|ngba|lof hobevoted by mail |naccordance with Chapters 31 and 86 of the Texas Election Code. Any requests for early voting ballots to be voted by nnsd| received by the Participating Authorities shall be forwarded immediately by fax or courier to the Elections Administrator for processing. The address cf'the Early Voting Clerk imosfollows: Early Voting Clerk Williamson County Elections Office PO Box 209 Georgetown, TX 78627 After the first day cfearly voting, the Elections Administrator shall post on the Williamson County Office webpage4the early voting turnout by early voting polling location by day and a cumulative final early voting turnout report following the close ofearly voting. ViLEARLY VOTING BALLOT BOARD Williamson County shall appoint an Early Voting Ballot Board process early voting results from ' the Joint Election. The Presiding Judge, with the assistance of the Elections Administrator, shall appoint two or more additional members to constitute the EVBB- The Elections Administrator shall determine the number of B/8B members required hzefficiently process the early voting ballots. VU[CENlrRAL COUNTING STATION AND ELECTION RETURNS The Elections Administrator shall be responsible for establishing and operating the central mounting station to receive and tabulate the voted ballots in accordance with the provisions of the Texas Election Code and cfthis Contract. Rev. 01.05.2015 May 9, 2015 The Participating Authorities hereby, hnaccordance with Section 127.0U2,127.DO3.and 127J]D5ofthe Texas Election Code, appoint the following central counting station officials: Counting Station Manager: Kay Eosk*s,Williamson County Interim Elections Administrator Tabulation Supervisor: Candi Zaccheus, WilliamsonGIS Analyst Presiding Judge: Kay Smith, Williamson County Warehouse Manager Alternate Judge: Julie Seippe|,Williamson County Voter Registration Supervisor The Counting Station Manager or her representative shalldeliver timely cumulative reports of election results as precincts report to the central counting station and are tabulated. The Counting Station Manager shall be responsible for releasing unofficial cumulative totals and precinct returns from the election to the joint participants, candidates, press, and general public by distribution of hard copies at the central counting station and by posting to the Williamson County Elections Office webpage. To ensure the accuracy of reported election returns, results printed on the tapes produced by Williamson County's voting equipment will not be released to the Participating Authorities at any individual polling locations. The Elections Administrator will prepare the unofficial canvass reports that are necessary for compliance with Election Code Section 67.004, after all precincts have been counted and VNU deliver a copy ofthe unofficial canvass to each Participating Authority assmon as possible after all returns have been tabulated. Each Participating Authority shall be responsible for the official canvass of its respective election(s). The official canvass of election shall not take place before May 12'2O15and nolater than May 2O,2O1S. The Elections Administrator will prepare the electronic precinct -by -precinct results reports for uploading to the Secretary of State as required by Section 67.017 of the Election Code. Each Participating Authority agrees to upload these reports. The Elections Administrator shall be responsible for conducting the post-election manual recount mgquKnad by Section 127.201 of the Texas Election Code unless a waiver is granted by the Secretary of State. Notification and copies ofthe recount, hwaiver iodenied, will beprovided 0oeach Participating Authority and the Secretary nfState's Office. IX. PARTICIPATING AUTHORITIES WITH TERRITORY OUTSIDE WILLYAMSON COUNTY VV||||onnmon County Elections will consider conducting e|ao1Yono in territories outside ofWilliamson County on o case-by-case basis. X. RUNOFF ELECTIONS Each Participating Authority shall have the option of extending the terms ofthis Contract through its runoff election, if applicable. |nthe event nfsuch runoff election, the terms nfthis Contract shall automatically extend unless the Participating Authority notifies the Elections Administrator in writing within 3 business days of the original election. Each Participating Authority shall reserve the 7 ht to reduce the b of early U locations and/or Election Day voting locations inarunoff election. |fnecessary, voting h d Participating Authority between the original election and the runoff election shall be submitted by the authoritymaking the change to the United States Department of Justice for the preclearance required by the Federal Voting Rights Act of 1965, as amended. Each Participating Authority agreestoorder any runoff e|e#Mon(8)atits meeting for canvassing the votes from the May 9, 2015 election and to conduct its drawing for ballot positions at or immediately following such meeting in order to expedite preparations for its runoff election. Rev. 01.05.2015 May 9,2O15 Each Participating Authority eligible to hold runoff elections after the May 9, 2015 Uniform Election Date agrees that the date of the runoff election, if necessary, shall be Saturday, June 13, 2015, with early voting being held in accordance with the Election Code. Charges. In consideration for the joint election services provided hereunder by the Elections Administrator, the Participating Authorities will be charged a share of election costs, an administrative fee, and for the lease of voting equipment. 1. Share of Election Costs. Each Participating Authority's share of election costs will be (i) a base fee of $1,000.00, (ii) plus a pro rata share of the total of all costs incurred by the Elections Administrator in connection with the administration of elections of other entities held at the same time as the election. The sum of the base charges from all Participating Authorities will be subtracted from the total of all costs before allocating the remaining costs to each Participating Authority. Each Participating Authority's share of the remaining (allocated) costs will be determined as follows: The number of registered voters in each individual Participating Authority will be divided by the number of all registered voters of all Participating Authorities to determine each entity's pro rata share expressed as a percentage, which will then be multiplied against each of the allocated costs (remaining costs after base charges are subtracted) as itemized on the final Total Cost report/invoice submitted to each Participating Authority after the election. The end result will be a charge to the Participating Authority of $1,000.00 plus the Participating Authority's allocated share of county -wide election costs not covered by the sum of all base fees received. 2. Lease of Voting Equipment. Per Texas Election Code Section 123.032(d), the Williamson County Commissioners Court has established the following prices for leasing county -owned voting equipment: The Participating Authority's share of voting equipment costs will be determined on a pro rata basis. Leasing cost will be calculated once for the Early Voting period and once for Election Day. If the County acquires additional equipment, different voting equipment, or upgrades existing equipment during the term of this Contract, the charge for the use of the equipment may be reset by the Williamson County Commissioners Court. 3. Administrative Fee. Each Participating Authority agrees to pay the Williamson County Elections Administrator an administrative fee equal to ten percent (10%) of its total billable costs in accordance with Section 31.100(d) of the Texas Election Code. The Elections Administrator shall deposit all funds payable under this Contract into the appropriate fund(s) within the Williamson County treasury in accordance with Election Code Section 31.100. Any Participating Authority may withdraw from this Contract and the Joint Election should it cancel its election in accordance with Sections 2.051 - 2,053 of the Texas Election Code. Rev. 01.05.2015 May 9, 2015 The Elections Administrator is hereby appointed general custodian ofthe voted ballots and all records ofthe Joint Election as authorized bySection 271,U1Oofthe Texas Election Code. Access to the election records shall beavailable to each Participating as to the public in accordance with applicable provisions of the Texas Election Code and the Texas Public |nfmnnm1iun Act. The election records shall be stored at the offices of the Elections Administrator or at an alternate facility used for storage of County records. The Elections Administrator 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 Participating Authority to bring to the attention of the Beo1|ona Administrator any notice of pendingeAmctioncontesL mmysdAsd|on, Ut|Qebon oropen records request which may be filed with the Participating Authority. Arecount may beobtained asprovided by Title 13of the Texas Election Code. By signing this document, the presiding officer ofthe contracting Participating that any recount shall take place mdthe offices ufthe E|euUoma Administrator oreda location of the Elections Administrator's choosing, and that the Elections Administrator ahed| serve as Recount Supervisor and the Participating Authority's official or employee who performs the duties of secretary under the Texas Election 'Code shall serve ooRecount Coordinator. |nthe event ofa contested election, the expenses ofe'new election ordered b ecourt ofcompetent jurisdiction or Participating Authority will be paid for and by the Participating Authority in accordance with Texas Election Code 221.014 The Elections Administrator agrees to provide advisory services to each Participating Authority as necessary to conduct a proper recount. 1. The Elections Administrator shall file copies of this document with the Williamson County Treasurer and the Williamson County Auditor inaccordance with Section 3i.09Qcf the Texas Election Code 2. Nothing in this Contract prevents any party from taking appropriate legalactiagainst any other party and/or other election personnel for a breach cxthis Contract oraviolation orthe Texas Election Code. 3' This Contract shall be construed under and in accord with the laws of the State of Texas, and all obligations ofthe parties created hereunder are performable inWilliamson County, Texas. 4. In the event that one of more of the provisions contained in this Contract shall for any reason beheld fo be invalid, illegal, or 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 provision had never been contained herein. 5. All parties shall comply with all applicable laws, ordinances, and codes ofthe State ofTexas, all local 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 amendments of this Contract shall Le of no effect unless in writing and signed by all hereto. 8. Participating Authority agrees to act ingood faith in the performance ofthis agreement, and shall immediately contact and notify the Elections Administrator ofany potential problems or issues relevant to The total estimated cost for the May 9, 2015 election is $240,000.00 and is based on the cost of the May 10, 2014 joint general special elections. After the final determination has been made of whom the Participating Authorities will be and the Contracts are fully executed, the Elections Administrator shall provide each Participating Authority with an official cost estimate. Each Participating Authority's percent share of the estimated total cost is based on the number of registered voters and further described in Section XIA. of this Contract. Each Participating Authority agrees to pay the Williamson County Elections Administrator a deposit of 50% of the estimated obligation no later than 15 days after receiving the official cost estimate. As soon as reasonably possible after the election, the Elections Administrator will submit an itemized invoice to each Participating Authority based on the actual expenses (supported by documentation such as time sheets, compensation forms, and invoices) directly attributable to the services provided by the Elections Administrator. The exact amount of each Participating Authority's obligation under the terms of this Contract shall be calculated after the election (or runoff election, if applicable); and, if the amount of an Authority's total obligation exceeds the amount deposited, the authority shall pay to the Elections Administrator the balance due within 30 days after the receipt of the final invoice from the Elections Administrator. However, if the amount of the authority's total obligation is less than the amount deposited, the Elections Administrator shall refund to the authority the excess amount paid within 30 days after the final costs are calculated. Rev. 01.05.2015 May 9, 2015 ATTACHEMEftT A List of Participating Authorities (to be determined) Rev. 01.05.2015 May 9, 2015 UNYTITA 8 1 !,I:l 0 ka Election Day voting locations (to be determined) Rev. 01.05.2015 May 9, 2015 ATTACHMENT C Early Voting Schedule with Voting Locations (to be determined) Rev. 01.05.2015 May 9, 2015 WITNESS By My HAND THIS THE -DAY • 120--R Kay Eastes, Interim Elections Administrator Williamson County, Texas WITNESS BY MY HAND THIS THE DAY OF 2015 PARTICIPATING AUTHORITY: Name of Participating Authority: By: Printed Name: Official Capacity: ATTEST: Rev. 01.05.2015 May 9, 2015