_ . ~. _- . n - e l~' _ 'i._ i r.~ _ .__ ~^ ~~ f =-..r~ unanimously approved by a vote of 4-8-0, _._ _. .-_ _ _ - a '. - COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: county Judge MEETING DATE: October 28, 1991 OFFICE: same TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Approval of Joint Election Agreement between Kerr County and the Headwaters Underground Water Conservation District. EXECUTIVE SESSION REQUESTED: YES PLEASE STATE REASON FOR EXECUTIVE SESSION NO x ESTIMATED LENGTH OF PRESENTATION: PERSONNEL MATTER - NAME OF EMPLOYEE: NAME OF PERSON ADDRESSING THE COURT: county Judge Time for submitting this request for Court to assure that the matter Is posted in accordance with Article 6252-17 is as follows: ~ Meetings held on second Monday: 12:00 P.M. previous Wednesday ~ Meetings held on Thursdays: 5:00 P.M. previous Thursday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON : ~ All Agenda Requests will be screened by the County Judge's Office to determine 1f adequate Information has been prepared for the Court's formal consideration and action at time of Court meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Guidelines. JOINT ELECTION AGREEHIENT On August 15, 1991, the Headwaters Underground Water Conserva- tion District, Kerr County, Texas ("District") submitted a Joint Election Request, same being its August 15, 1991 letter to the Kerr County Commissioners Court. Set forth therein are certain agreements to which agreements and letter reference is here made, a copy of which letter is attached as Exhibit "A" hereto, incorporated herein and made a part hereof. On August 22, 1991, the Rerr County Commissioner's Court, by Order No. 20501, approved the holding of a joint election on November 5, 1991, with the District. By said Order, the Commissioner's Court approved the agree- ments that are set out in the August 15, 1991 letter from the District and the holding of a joint election on November 5, 1991. The District became effective August 25, 1991. In clarification of the provisions of the agreements agreed to and set forth in the August 15, 1991 letter and the Order, the District and the Rerr County Commissioner's Court agree as follows: 1. The Kerr County Judge will act as the authority in timely giving the proper Writ or Writs of notice of election to the Presiding Judge of each Election Precinct in Rerr.County, Texas in which the November 5, 1991 election is to be held. 2. In addition to the County Commissioner's being contracted to canvass the votes as pertains to the District, the Rerr County Judge shall act as the Presiding Officer of the District (Canvassing Authority) and is thereby entitled to receipt of the envelope or envelopes and the contents therein on behalf of the District as provided in Chapter 66, Title 6, Texas Election Code. If the Rerr County Judge is not available, then the envelope(s) shall be delivered to the General Custodian of Election Records for Rerr County, Texas, who shall then deliver it to the local Canvassing Authority for Rerr County, Texas, for the time set for convening the local canvass. It is understood that if the Kerr County Judge is not the Canvassing Authority for Rerr County, then the Canvassing Authority for Kerr County as authorized by the Texas Election Code, is designated as the Canvassing Authority for the Temporary Board of Directors of the District, to and including the Kerr County Commissioner's Court. The canvassing of the vote shall be conducted pursuant to the provisions of the Texas Election Code and the canvass shall be 1 smf:10-19-91 Head;Jt-Elec conducted for and on behalf of the Temporary Board of Directors of the District by the proper Canvassing Authority of Rerr County, Texas, and such Canvassing Authority shall prepare the tabulations. Immediately upon completion of the canvass, the Presiding Officer of the Canvassing Authority shall deliver to the Temporary Board of Directors of the District, the results of the canvas and have available for review by the Temporary Board of Directors (and delivery to the Temporary Board of Directors upon request) the precinct returns, tally list, early vote report used in the canvass, and any other documents or information that would have been originally delivered to the Temporary Board of Directors of the District if acting as the Canvassing Authority. 3. Provided further, the General Custodian of Election Records for Rerr County, Texas is further authorized to receive the unofficial tabulation of precinct results and making periodic public announcements of the then current state of tabulation for and on behalf of the Temporary Board of Directors of the District, and such custodian shall preserve the unofficial tabulations for the period of preserving the precinct election records as provided under the Election Code and provide same to the Temporary Board of Directors of the District. Unless agreed otherwise by the Rerr County Commissioner's Court and the District, the Rerr County Commissioner's Court is authorized to make any official announcement of the official results after the proper canvassing of the vote for and on behalf of the Temporary Board of Directors of the District, provided that the Temporary Board of Directors of the District have received the official results of the canvass from the Rerr County Commissioner's Court and approved and consented to the canvass and tabulations. Such authorization does not preclude the Temporary Board of Directors of the District also making a public announcement of the official results. 4. The Temporary Board of Directors of the District shall prepare and submit the Certificate of Election to each elected candidate. 5. The Rerr County Clerk shall timely prepare the District's election return and timely deliver same to the Secretary of State in the manner directed by the Secretary of State, and shall deliver a copy of same to the Temporary Board of Directors of the District and retain a copy of the return for the period for preserving the precinct election records. In all respects, the agreements set forth in the District's letter dated August 15, 1991 are ratified and confirmed, approved and adopted. 2 smf:10-14-91 Head'4Jt-Elec Executed to be effective as of August 22, 1991. KERR COUNTY JUDGE By: ~~C/~' ~~~~ bum. G. Stacy HEADt9ATERS UNDERGROUND WATER CONSERVATION DISTRICT, RR COUNTY, TEXAS __ in M. Parker, Chairman 3 smf:10-14-91 Head;Jt-Elec August 15, 1991 Kerr County Commissioners Court Kerr County Courthouse Kerrville, TX 78028 Gentlemen: The Headwaters Underground Water Conscxvation District ("District"), Kerr County, Texas, created pursuant to HB 1463, a governmental agency and a body politic and corporate, to be effective August 26, 1991, is to govern within the boundaries of the District (the boundaries of the District being coextensive with the boundaries of Kerr County), by a board of five (5) directors. Until the initial directors are elected, qualified temporary directors shall serve. The temporary directors named in HB 1463 are George A. Holekamp, Madge Parmley Reid, Thomas Syfan, Eddie E. Taylor and Tobin M. Parker. The temporary board shall call and hold an election to confirm establishment of the District and to elect five (5) initial directors. This election must be conducted as provided by Sections 52.059(b)-(g), Water Code, and the Election Code. The District does not have any funds with which to conduct the election. The District requests of the Court that the District be granted County in the County's November 5, =_nd have the matters the temporary have, either placed on the same ba separate ballot. County Commissioners and its the right to join with the 1991 election (the "election"), board is required by statute to Llot used by the County or a The District recuests use of the same precincts and polling places and ballot boxes for the election as to be used by the County so to meet the needs of all voters, including absentee voting. EXHIBIT "A" Page 1 of 2 ;Cerr County Commissioners Court August 15, 1991 Page 2 The District requests that the same election judges and clerks utilized in the election by the County he utilized by the District and t}xat the Co~xnty Clerk also serve as the absentee voting clerk. The District also requests contracting the County Commission- ers to canvas the vote. The ballot for the District must be printed to provide for votiny for or against the proposition: "The creation of the Headwaters Underground 'vJater Conservation District". The ballot will also set forth the names of the persons who have timely filed proper application with •the temporary board toyetlxer with the names of the five (5) temporary directors, and five (5) blank spaces to write in the names of other persons. The ballot will not set forth any provision for the levy of a maintenance tax for payment of the District's expenses. The District further requests that the entire expense of the District's election be born and paid for through the funds administered by the Commissioners Court. Further, the District requests that Kerr County, through its duly authorized person(s), separately and/or by joining with the District, make timely application with all proper authorities, to Bold this joint election, the costs of such filing, if any, considered as an election expense. These requests are made by the District xxecoming effective, same. Therefore, these requests August 26, 1991. the temporary directors, prior to and do not warrant the validity of are made, to be effective as of Thank you for your courtesies in these matters. HEADS9ATERS UNDERGROUND IQATF.R CONSERVATION DISTRICT, KERR, COUNTY, TEXAS, by it~empor Directo~4 - / ~) By: ~~ +•a ~. rO11CCL, Director EXHIBIT "A" Page 2 of 2 ORDER NO. 20642 APPROVAL OF JOINT ELECTION AGREEMENT BEISVEEN I~RR OOUNTY AND THE f~ADWATERS UNDERGF~UN WATER OONSERVATION DISTRICT October 28, 1991 Vol S, Page 459