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HomeMy WebLinkAboutResolution No. 03-13 CITY OF THE COLONY SOLt;TION NO. ©5 AN AGREEMENT BETWEEN THE CITY OF THE COLONY, TEXAS AND THE COUNTY OF DENTON, TEXAS FOR RENTAL OF VOTING MACHINES & EQUIPMENT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. Denton County, Texas, a corporate body politic, hereinafter designated as "the County," represented in this agreement by the Elections Administrator, hereby agrees to rent the following voting machines to the hereinafter-identified organization on the terms stated below. Section 2. The City of The Colony, Texas, hereinafter designated as "Renter," has requested the rental of four (4) Optech III - P Eagle voting machines at $200.00 per machine and various election equipment per the terms stated below or in Attachment "A", which is attached. Section 3. A copy of the ballot shall be forwarded to Don Alexander, Elections Administrator, Denton County, and 401 W. Hickory Street, Denton, Texas. Section 4. The rental period of voting machines shall commence on the 8th day of May, 2003 and shall not extend to a date which will interfere with subsequent elections for which the County is responsible for providing the voting machines for public uses, and to this end will, in compliance with the Election Code, Article 7.14, Section 20, obtain a Court Order, at the Renter's expense, permitting the affected voting machine to be cleared and available to the County, no later than the tenth day after the first election for which the voting machines were rented. Section 5. Only voting machines, which the County believes to be in safe operating condition, will be provided, and the Renter agrees to hold the County harmless for any damages arising from the Renter's use of voting machines. Section 6. Renter agrees to return the voting machines in the same condition as when received, normal and considerate usage wears expected. Renter agrees to reimburse the County for the costs to repair damages to the said machines during such time, as the County does not have control custody of said machines. Section 7. The said machines will be delivered by the County to 6800 Main, The Colony, Texas, or other designated location and picked up by the County at said place or places. Delivery fee not to exceed $89.00 per location, which includes pick up. Section 8. If any section, article, paragraph, sentence, clause, phrase, or word in this Resolution, or application thereto, any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this resolution, and the City Council hereby declares it would have passed such remaining portions of the resolution despite such invalidity, which remaining portions shall remain in full force and effect. Section 9. That this Resolution shall become effective from and after its date of passage and publication as required by law. Section 10. C~ ,.In witness of this Agreement, the County and the Renter affix their signatures on this the (~,~ day of ~r2003. APPROVED by the City of The Colony, Texas this the PAS~ED AND City Council of the ~:fi~ day °f t~~2003' ~-'~~, ~~[~ r ~ x Bernetta Henville-Sh~/nnon, Mayor, The Colony, Texas Patti A. Hicks, TRMC City Secretary [Seal] APPROVED AS TO FORM APPROVED: Don Alexander~, Elections A~l~kistrator Denton, County, Texas 2