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HomeMy WebLinkAboutResolution No. 05-20 CITY OF THE COLONY RESOLUTION NO. ~,c:LØ A RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF THE COLONY, TEXAS AND THE COUNTY OF DENTON, TEXAS FOR RENTAL OF VOTING MACHINES AND EQUIPMENT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THAT: SECTION 1. Denton County, Texas, a corporate body politic, hereinafter designated as "the County", represented III this Agreement by the Elections Administrator, hereby agrees to rent the following voting equipment to the hereinafter- identified organization on the terms stated below. SECTION 2. The City of The Colony, 6800 Main Street, The Colony, Texas 75056, hereinafter designated as "Renter", has requested the rental of four (4) Optech III Eagle voting machines at $300.00 per machine and one (1) early voting computer at $250.00 per computer. There is an additional charge for programming of the Eagle Voting machines at $400.00 and programming of the computer at $300.00 per election. There is also a ten percent (10%) administrative fee on the terms stated above. SECTION 3. A copy of the ballot shall be forwarded to Don Alexander, Elections Administrator, Denton County, and P. O. Box 1720, Denton, Texas 76202. SECTION 4. The rental period of voting machines shall commence on the 20th day of April, 2005 and shall not extend to a date which will interfere with subsequent elections for which the County is responsible for providing the voting equipment for public uses, and to this end will, in compliance with the Texas Election Code, Article 7.14, Section 20, obtain a Court Order, at the Renter's expense, permitting the affected voting equipment to be cleared and available to the county, no later than the tenth day after the first election for which the voting equipment was rented. SECTION 5. Only voting equipment, 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 the voting equipment. SECTION 6. Renter agrees to return the voting equipment in the same condition as when received, normal and considerate usage wear excepted. Renter agrees to reimburse the County for the costs to repair damages to the said equipment during such time, as the County does not have control custody of said equipment. Interlocal Agreement 1 Voting Equipment SECTION 7. The said machines will be delivered by the County to The Colony City Hall, 6800 Main, The Colony, Texas, or other designated locations, for a 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. PASSED AND APPROVED by the City Council of the City of The Colony, Texas this the 7th day of February, 2005. '\."CL BYiD ~EST J0m Dillard, Mayor ~ Christie Wilson, TRMC City Secretary APPROVED: ~~0fJ- "'\ Don Alexander Elections Administrator Denton County, Texas lnter]ocal Agreement 2 Voting Equipment