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12- JOINT ELECTION AGREEMENT BETWEEN PISD AND CITY OF PARIS TO SHARE COMMON POLLING PLACES FOR THE 5/14/2011 ELECTIONCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 03/30/11 Council Date: City Clerk Janice Ellis 12. 04/11/11 RECOMMENDED MOTION: Move to approve a Resolution approving and authorizing the execution of a Joint Election Agreement between Paris Independent School District and the City of Paris to share common polling places for the May 14, 2011 election POLICY ISSUE(S): Elections BACKGROUND: Entering into a Joint Election Agreement with Paris Independent School District, will allow the jurisdictions to share common polling places and the costs of direct recording electronic (DRE) devices. Pursuant to Federal Law, every polling place is required to have a DRE in order to be compliant with the Help America Vote Act. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: Resolution and Agreement ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense ❑ Department Report Z Resolution Budgeted Amt. ❑ Presentation ❑ Ordinance ❑ P bli H i y'I'D Actual u ear c ng ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: Z Administration Z City Cletk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court Z Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 - - 44 DRAFT RESOLUT[ON NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF A JOINT ELECTION AGREEMENT BETWEEN THE PARIS INDEPENDENT SCHOOL DISTRICT AND THE CITY OF PARIS TO SHARE COMMON POLLING PLACES FOR THE MAY 14, 2011 ELECTION; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Texas Election Code §271.002 provides that if two or more political subdivisions call an election on the same day in all or part of the same territory the two political subdivisions may enter into an agreement to hold their elections jointly; and, WHEREAS, the City of Paris is conducting a general election in certain districts and a special election in all districts on May 14, 2011, the uniform election date, early voting for which begins May 2, 2011 and ends May 10, 2011; and, WHEREAS, the Paris Independent School District has called a Trustee election for the same date and wishes to share certain polling places with the City of Paris; and, WHEREAS, both the Paris Independent School District and the City of Paris have an interest in accommodating voters, pooling economic resources, and complying with state law; WHEREAS, some election precincts for Paris Independent School District and the City of Paris will share common polling places; and, WHEREAS, the Joint Election Agreement, in the form attached hereto and Exhibit A should in all things be approved, and The Mayor should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble of this resolution are hereby in all things approved. Section 2. That the City Council of the City of Paris does hereby approve the Joint Election Agreement, and the Mayor be, and he is hereby authorized and directed to execute on behalf of the City of Paris the Agreement with the Paris Independent School District in the form shown in Exhibit A attached hereto. - 45 Section 4. That this resolution shall be effective from and after the date of passage. PASSED AND APPROVED this 11th day of April, 2011. Will Biard, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney 11 . 46 PARIS INDEPENDENT SCHOOL DISTRICT JOINT ELECTION AGREEMENT between The Paris Independent School District (the District) and The City of Paris, Texas (the City) BY THE TERMS OF THIS AGREEMENT, the District and the City do hereby agree, pursuant to the provisions of the Chapter 271, Texas Election Code, to hold a joint election on the uniform election date required to be held on Saturday, May 14, 2011. The District and the City agree to share a common polling place (Paris ISD Polling site for Place 4- Ramseur Baptist Church and City of Paris Polling Site for Place 7- Ramseur Baptist Church) on the uniform election date of May 14, 2011. The District and the City will each hold early voting separately. The District will hold early voting at the Elaine Ballard Administration Building, 1920 Clarksville, Paris, Texas. The City will hold early voting at the Lamar County Courthouse Annex, Paris, Texas. The District and the City will each be solely responsible for expenses related to early voting at their respective early voting site(s). Both entities have contracted with Lamar County to provide electronic voting equipment that meets the requirements of the Texas Election Code and the federal Help America Vote Act, the ES&S AutoMARK machines, to be utilized at each polling site. Expenses related to the use of the AutoMARK machines for early voting use shall be borne directly by the entity utilizing the machine during early voting. Expenses related to the use of the AutoMARK machines at shared polling sites on the May 14, 2011, Election Day, shall be shared equally by the District and City. The District and the City shall name and maintain separate election judges and clerks and shall be responsible for compensation for the individuals the entity employs as its election officers. The District and the City will share electronic voting machines as previously detailed. Each entity will be responsible for providing its own election materials and supplies, and will otherwise post, publicize and administer its own election. The District and the City shall maintain a separate custodian of election records and bear any costs associated with this task separately. The District and the City shall be separately responsible for their own election orders, resolutions, notices, justice department submissions, official canvass and other necessary documents for adoption by the appropriate board or council. APPROVED BY THE TRUSTEES OF THE PARIS INDEPENDENT SCHOOL DISTRICT in its meeting held the 14th day of February, 2011, and executed by its authorized representatives. Established 1884 1920 CLARKSVILLE STREET • PAI"zIS, TEXAS 75460 e www.parisisd.net 903-737-7473 • Fax 903-737-7484 ~ ~ An Equal Opportunity Employer ~ By: Name: David R. Eisele Title: President, Board of Trustees l ~yAld- Attest: ~4 J3 Name: Rebecca Norment Title: Secretary, Board of Trustees APPROVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS in its meeting held the day of , 2011, and executed by its authorized representatives. By: Name: Title: Mayor Attest: Name: Title: City Secretary 48