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11 - JOINT ELECTION AGREEMENT WITH NLISDItem No. 11 memorandum TO: Mayor & City Council John Godwin, City Manager FROM: Janice Ellis, City Clerk SUBJECT: JOINT ELECTION AGREEMENT WITH NLISD DATE: January 26, 2017 BACKGROUND: Section 11.0581 of the Texas Education Code requires that the North Lamar Independent School District hold elections on the same date as municipal or county elections. Chapter 271 of the Texas Election Code requires such election shall be held as a joint election. STATUS OF ISSUE: North Lamar School District has elected to hold their Board of Trustee members election and a special bond election on the same date as the City of Paris' general election. BUDGET: The estimate provided by the County Elections Administrator for election services is $7,392.14 for the general election. RECOMMENDATION: Approve a Resolution authorizing a Joint Election Agreement between the City of Paris and North Lamar Independent School District. Draft RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING A JOINT ELECTION AGREEMENT BETWEEN THE CITY OF PARIS AND NORTH LAMAR INDEPENDENT SCHOOL DISTRICT ( "NORTH LAMAR ISD ") FOR THE MAY 6, 2017 ELECTION DATE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 11.0581 of the Texas Education Code requires that the North Lamar Independent School District must hold elections for Board of Trustee members on the same day as municipal or county elections; and, WHEREAS, elections held on the same day as provided by Section 11.0581 of the Texas Education Code shall be held as a joint election under Chapter 271 of the Texas Election Code; and, WHEREAS, Schools must coordinate with their cities and have the same polling location(s) for both jurisdictions as consistent with Section 271.003(b), Election Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. In accordance with Section 11.0581 of the Texas Education Code and Chapter 271 of the Texas Election Code, the North Lamar Independent School District will hold its Board of Trustee elections on the same day and location(s) as the City of Paris as set forth in the Joint Election Agreement and attached hereto as Exhibit "A" and incorporated herein for all purposes. Section 3. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED by the City Council of the City of Paris in regular meeting, at the City Hall of said City, on this 13th day of February, 2017. A.J. Hashmi, M.D., Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney JOINT ELECTION AGREEMENT BETWEEN THE NORTH LAMAR INDEPENDENT SCHOOL DISTRICT AND THE CITY OF PARIS This Joint Election Agreement is made this day of FEBRUARY 6, 2017, by and between the North Lamar Independent School District ( "North Lamar ISD ") and the City of Paris. WHEREAS, North Lamar ISD plans to hold a Board of Trustees Election on Saturday, May 6, 2017, for the purpose of electing two Board of Trustees; WHEREAS, Texas Election Code section 271.002 authorizes the governing bodies of political subdivisions to enter into an agreement to hold joint elections in election precincts that can be served by common polling places; WHEREAS, North Lamar ISD and the City of Pair will hold elections on the same day; and WHEREAS, the parties to this agreement serve voters within the sameboundaries, and it would be to the benefit of the City of Paris, North Lamar ISD, and the citizens and voters thereof to hold the elections jointly. NOW, THEREFORE, IT IS AGREED that a joint election will be held by North Lamar ISD and the City of Paris under the following terms and conditions: Section 1: The City of Paris and North Lamar ISD shall hold joint elections on the designated uniform election date during May each year for the purpose of electing members of the Paris City Council and Trustees to the North Lamar Independent School District Board of Trustees. Section 2: It is further agreed that such elections shall be conducted by the City of Paris at the Red River Valley Fair Grounds Event Center, 1876 Fitzhugh Street, Paris, Texas and each entity will appoint election officers for their elections held at this location. Section 3: Early voting for City of Paris elections shall be conducted by the City of Paris with the City of Paris responsible for appointment of polling location election officials. Section 4: Early voting for North Lamar ISD elections shall be conducted by North Lamar ISD at the Administration Building, 3201 Lewis Lane, Paris, Texas with North Lamar ISD responsible for appointment of polling location election officials. Section 6: Electronic voting equipment (AutoMark) shall be utilized for the joint elections; and SEPARATE ballots will be utilized at the expense of each entity, provided that no voter shall be given a ballot or be permitted to cast a vote for any office or proposition on which the voter is ineligible to vote. Section 6: Each entity shall designate its own custodian of records, conduct its elections separately, and be responsible for all expenses incurred separately. Section 7: Each entity shall designate its Election Day workers and workers shall be compensated by the entity conducting the elections. Section 8: The North Lamar ISD agrees to assume responsibility for the cost of any recount or election contest required for officers or propositions to be voted on for North Lamar ISD. Section 9: Should the City of Paris or North Lamar ISD qualify under Section 2.051 through Section 2.053 of the Texas Election Code to cancel their election, notification of cancellation must be made the business day following the last day to file for a place on the ballot including the filing deadline for write -in candidates. Should the City of Paris or North Lamar ISD cancel its election, the remaining entity will assume responsibility for the established early voting and Election Day voting locations(s) and election expenses. Section 10: This Joint Election Agreement will continue in force until repealed by official action and notification by either party. The undersigned are the duly authorized representatives of the parties' governing bodies, and their signatures represent adoption and acceptance of the terms and conditions of this agreement. PASSED and APPROVED by the North Lamar Independent School District on this the 6th day of February, 2017, by a vote of 6 ayes, 0 , nays 0 abstentions. BY: Paul Drake, Board President Secretary PASSED —and APPROVED, this day of , 2017, by the City Council of the City of Paris. City of Paris Mayor ATTEST: City of Paris Secretary