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Item 4L CITY OF SOUTHLAKI Item #4L:l MEMORANDUM January 31, 2017 To: Shana Yelverton, City Manager From: Lori Payne, City Secretary Subject: Resolution No. 17-006, to approve the terms and conditions of a contract for May 6, 2017 election services between the City of Southlake and the Southlake Crime Control and Prevention District. Action Requested: Approve Resolution No. 17-006 to approve the terms and conditions of a contract for May 6, 2017 election services between the City of Southlake and the Southlake Crime Control and Prevention District. Background Information: The Southlake Crime Control and Prevention District (the District) was initially authorized by voters in November 1997 for a term of five years. A special election was held in February 2002 for voters to determine if the District should be reauthorized for a period of fifteen years. That proposition passed with the District set to dissolve, or sunset, in 2018. Chapter 363 of the Local Government Code provides that districts may be continued, or reauthorized, upon approval by Southlake voters. The Board of Directors discussed the continuation of the District for a number of months and, on February 1, 2017, the Board called a special election to be held on May 6, 2017. At that same meeting, the Board approved a contract for election services between the City of Southlake and the District. Given the City Secretary's experience with conducting elections, the Board determined it would be preferable to work with the City rather than have the District conduct its own election. The Council is being asked to enter into a contract with the Board for the City to administer this election. As specified in Chapter 363.2515 of the Texas Local Government Code, the ballot language will be: "Whether the Southlake Crime Control and Prevention District should be continued for 20 years and the crime control and prevention district sales tax should be continued for 20 years." Financial Considerations: Funds for elections are included in the City Secretary's Office budget Strategic Link: Strategic Focus Areas: Partnerships & Volunteerism and Performance Management & Service Delivery Citizen Input/ Board Review: N/A Legal Review: Resolution was provided to legal counsel for review Alternatives: Section 3.001 of the Texas Election Code, indicates that each general and special election shall be ordered as provided by Chapter 3, Ordering Election Supporting Documents: 1) Resolution No. 17-006 2) Contract for election services between the City of Southlake and the Southlake Crime Control and Prevention District Staff Recommendation: Approve Resolution No. 17-006 to approve the terms and conditions of a contract for May 6, 2017 election services between the City of Southlake and the Southlake Crime Control and Prevention District. RESOLUTION NO. 17-006 A RESOLUTION OF THE SOUTHLAKE CITY COUNCIL, APPROVING THE TERMS AND CONDITIONS OF A CONTRACT FOR ELECTION SERVICES BETWEEN THE CITY OF SOUTHLAKE AND THE SOUTHLAKE CRIME CONTROL AND PREVENTION DISTRICT; AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT; AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 791 of the Texas Government Code (the "Interlocal Cooperation Act") authorizes local governments, including special districts, to contract with one another to increase their efficiency and effectiveness; and, WHEREAS, the Southlake City Council has been presented with a proposed contract by and between the City of Southlake and the Southlake Crime Control and Prevention District to provide election services for the May 6, 2017 special election on whether to continue the Crime Control and Prevention District and the sales tax, therefore, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference (hereinafter called the "Contract"); and, WHEREAS, upon full review and consideration of the Contract and all matters attendant and related thereto, the City Council is of the opinion that the Contract will increase the efficiency and effectiveness of the parties to the Contract. NOW, THEREFORE, BE IT RESOLVED BY THE SOUTHLAKE CITY COUNCIL THAT: SECTION 1. The City Council finds that the terms of the Contract will increase the efficiency and effectiveness of the City of Southlake and the Southlake Crime Control and Prevention District and otherwise meet the criteria of the Interlocal Cooperation Act, Section 791 of the Texas Government Code. SECTION 2. The terms and conditions of the Contract, having been reviewed by the City Council and found to be acceptable and in the best interest of the District, the City and its citizens, are hereby approved. SECTION 3. The Mayor is hereby authorized to execute the Contract and all other documents in connection therewith on behalf of the Southlake City Council substantially according to the terms and conditions set forth in the Contract. SECTION 4. This Resolution shall become effective from and after its passage. PASSED AND APPROVED this 7t" day of February, 2017. CITY OF SOUTHLAKE, TEXAS Mayor Laura Hill ATTEST: Lori Payne, TRMC City Secretary EXHIBIT A CONTRACT FOR ELECTION SERVICES BETWEEN THE CITY OF SOUTHLAKE AND THE SOUTHLAKE CRIME CONTROL AND PREVENTION DISTRICT CONTRACT FOR ELECTION SERVICES BETWEEN THE CITY OF SOUTHLAKE AND THE SOUTHLAKE CRIME CONTROL AND PREVENTION DISTRICT THIS CONTRACT is made this 7t" day of February 2017, by and between the City of Southlake (hereinafter referred to as "the City"), acting by and through its Mayor, and the Southlake Crime Control and Prevention District (hereinafter referred to as "the District"), acting by and through its president, and by authority of Texas Government Code Section 791 , (the "Interlocal Cooperation Act"), authorizing local governments to contract with one another, for the matters related to the special election to be held on May 6, 2017. 1. PURPOSE OF CONTRACT The District has called an election, to be held on May 6, 2017, for the purpose of determining whether to continue the District and the sales tax adopted therefore. The City agrees to conduct said election on behalf of the District under the terms set forth herein. 2. DUTIES AND SERVICES OF THE DISTRICT The District shall be responsible for performing the following duties and shall furnish the following services: (a) Adopt Order calling for a special election to be held on May 6, 2017 to determine whether voters desire to continue the Southlake Crime Control and Prevention District and the Crime Control and Prevention District sales tax. (b) Canvass the returns of the May 6, 2017 election. (c) Determine and declare by Order the final results of the May 6, 2017 election. 3. DUTIES AND SERVICES OF THE CITY The City shall be responsible for making reasonable decisions concerning establishing election procedures and conducting the election, including, but not limited to the following duties: (a) Determine the polling places. (b) Appoint election judges, alternate election judges, and clerks. (c) Set the compensation of the judges and clerks. (d) Establish the method of voting. (e) Publish and post the notice of the election. (f) Establish procedures for early voting. (g) Establish and carry out any other procedures necessary to conduct the election, whether required by law or contract. 4. GENERAL CONDITIONS (a) Nothing contained in this contract shall authorize or permit a change in: (1) the officer with whom or the place at which any document or record relating to the election is to be filed; (2) the place at which any function is to be carried out; (3) the officer who will serve as custodian of the voted ballots or other election records; or (4) any other nontransferable functions specified by the Texas Election Code. (b) The parties represent that the person signing this Contract on their behalf has been fully authorized to do so by the governing body of the respective party. (c) The City shall pay all expenses attributable to conducting the election. 5. EXECUTION This Contract is executed and agreed to on the 7t" day of February 2017 by the City of Southlake and the Southlake Crime Control and Prevention District. By: Laura Hill, Mayor City of Southlake, Texas By: Ken McMillan, President Southlake Crime Control and Prevention District ATTEST: Lori Payne, TRMC City Secretary