HomeMy WebLinkAboutResolution - 2021-R0111 - Interlocal Agreement for RedistrictingResolution No. 2021-ROIII
Item No. 6.22
March 23, 2021
RESOLUTION
IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
cute for and on behalf of the City of Lubbock, an Interlocal Cooperation Agreement by and
Neen the City of Lubbock, Lubbock County and Lubbock Independent School District for
purpose of conducting redistricting activities. Said Agreement is attached hereto and
)rporated in this Resolution as if fully set forth herein and shall be included in the minutes of
City Council.
by the City Council on the 23rd day of March , 2021.
DANIEL M. POPE, MAYOR
TTEST:
Garza, City
AS TO CONTENT:
City
APPROVED AS TO FORM:
Amy
Interlocal Agreement -City County LISD-redistricting (3-4-21)
INTERLOCAL COOPERATION AGREEMENT
THE STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT is entered into on the day of , 2021, by and
between Lubbock County, hereinafter called "County", Lubbock Independent School District,
herein after called "LISD," and the City of Lubbock, Texas,
hereinafter called "City", the parties being political subdivisions of the State of Texas, pursuant
to the authority granted by and in compliance with the provisions of the Interlocal Cooperation
Act, Chapter 791, Government Code, and in furtherance of the purposes of said parties as
provided by law.
WHEREAS, the City, LISD, and the County each desire to achieve cost efficiencies for
the taxpayers of the City, LISD, and the County; and
WHEREAS, the parties must comply with federal law, in particular Voting Rights Act of
1965 (52 U.S.C. Sec. 10301 et seq., in determining the boundaries of the geographical areas of
voters that are represented by a seat or position in each parties' respective legislative bodies
("Voting Districts") and the boundaries of each voting precinct within such Voting Districts; and
WHEREAS, said boundaries of the Voting Districts must be redrawn after the
completion of the United States Census process every ten years in a process known as
"Redistricting;" and
WHEREAS, Redistricting activities often require each party to hire an expert consultant
in order to determine the number and make-up of the voters in each Voting District, acquire any
needed public input, and to analyze resulting data acquired to best determine the boundaries of
the Voting Districts to be in compliance with federal law (the "Redistricting Activities"); and
WHEREAS, the boundaries of each Voting District and the boundaries of each voting
precinct within such Voting Districts must align in order to preserve the integrity of the election
for each party; and
WHEREAS, the various Voting Districts of each party often share boundaries of the
Voting Districts of the other parties; and
WHEREAS, the parties find that it is advantageous and cost effective to cooperate in
conducting the Redistricting Activities, including the selection of any required qualified expert
consultant.
NOW THEREFORE WITNESSETH:
1. PURPOSE.
The purpose of this agreement is for the parties to this Agreement to cooperate in
Redistricting Activities and in contracting for any services related to the Redistricting Activities.
2. DUTIES OF THE CTl'Y.
(A) The City will be responsible for administering the selection process to select the
expert consultant for the Redistricting Activities and issuing any requests for
proposals or requests for qualification related thereto.
(B) The City shall be the primary contracting entity with any expert consultant hired to
assist with any Redistricting Activities.
(C) The City shall pay one-third (1 /3) of the cost of the Redistricting Activities,
including one-third (1 /3) of the costs for any expert consultant hired to assist with
any Redistricting Activities.
(D) The City shall provide any and all necessary documentation in order to facilitate the
Redistricting Activities.
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(E) The City shall provide staff support and input as may be required for the
Redistricting Activities.
3. DUTIES OF THE COUNTY.
(A) The County shall pay one-third (1 /3) of the costs associated with the Redistricting
Activities, including one-third (1 /3) of the costs for any expert consultant hired to
assist with any Redistricting Activities.
(B) The County shall provide any and all necessary documentation in order to facilitate
the Redistricting Activities.
(C) The County shall provide staff support and input as may be required for the
Redistricting Activities.
4. DUTIES OF LISD.
(A) LISD shall pay one-third (1/3) of the costs associated with the Redistricting
Activities, including one-third (1/3) of the costs for any expert consultant hired to
assist with any Redistricting Activities.
(B) LISD shall provide any and all necessary documentation in order to facilitate the
Redistricting Activities.
(C) LISD shall provide staff support and input as may be required for the Redistricting
Activities.
SHARED RESPONSIBILITIES OF CITY, COUNTY, AND LISD.
(A) The parties shall work together in the selection of any expert consultant hired to
assist with any Redistricting Activities. This shall include providing staff to form a
committee to review any responses received by the City in the selection process of
any expert consultant hired to assist with any Redistricting Activities
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(B) The parties shall work together and assist each other throughout the Redistricting
Activities. This shall include sharing voter data related to the Redistricting
Activities, sharing GIS and mapping data of the parties, and holding any public
hearings related to the Redistricting Activities.
5. TERM.
The term of this agreement shall be for one (1) year from the date of execution by both
parties and it may be extended annually thereafter upon mutual agreement of the parties
expressed in writing prior to the end of such term or any subsequent extension.
6. EARLY TERMINATION.
Any party to this agreement may terminate it upon (30) days written notice to the other
parties. However, the terminating party shall pay for its portion of any expenses incurred prior to
the notice of termination being received by the remaining parties.
7. IMMUNITY.
The parties expressly retain all immunities to which they are entitled under the law and do
not, by entering this Agreement, waive any immunity.
8. AUTHORIZATION
(A) This Agreement shall be duly authorized by the governing body of each party.
(B) Each party paying for the performance of governmental functions or services pursuant
to this Agreement shall make payments therefore from current revenues available to
the paying party.
(C) Each parties' Chief Administrative Officer shall designate the appropriate official or
officials within its jurisdiction to take actions necessary to carry out the purposes of
this Agreement. Each party shall provide the other with the name, address, title or
position, and telephone number of each designated official. The same information
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shall be provided for the official authorized to direct activities under this Agreement,
if different from the above mentioned officials.
9. WAIVER
(A) Each party to this agreement will be responsible for its own actions in providing
services under this agreement and shall not be liable for any civil liability that may
arise from the furnishing of the services by the other parties.
(B) The relationship between the parties is at all times solely that of
contractor/contractee, and may not be deemed, in any event, a partnership or a joint
venture and conveys no other rights or privileges.
10. AMENDMENTS
This Agreement contains all commitments and agreements of the parties and no other oral
or written commitments shall have any force or effect if not contained herein. Any proposed
amendments shall not be effective until approved in writing by all parties to this Agreement.
11. VENUE
Each party agrees that if legal action is brought under this Agreement, exclusive venue
shall lie in the Lubbock County, Texas.
13. SAVINGS CLAUSE
In the event that one or more of the provisions contained in this Agreement shall for any
reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provision of this Agreement and this Agreement shall
be construed as if such invalid, illegal or unenforceable provision had never been contained in this
Agreement.
AGREED AND APPROVED In Witness hereof, the parties hereto have caused this Agreement to
be executed by their authorized officers the day and year first above written.
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CITY OF LUBBOCK, TEXAS
DANIEL M. POPE, MAYOR
ATTEST:
D'J." -N'
R, becca Garza, City S•QJtary
APPROVED AS TO CONTENT:
Reb ca Garza, City Se ret y
APPROVED AS TO FORM:
Deputy ,,�e
COUNTY OF LUBBOCK, TEXAS
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ATTEST:
Kelly ini ,County Clerk
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
Neal Burt, Assistant bisfrict Attorney
LUBBOCK INDEPENDENT SCHOOL DISTRICT:
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.. 3,, ENT
APPROVED AS TO CONTENT:
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Ann Manning, Attorney for LISD