AMENDMENT TO

AGREEMENT TO CONDUCT JOINT ELECTIONS

BETWEEN THE CITY OF AUSTIN,

AUSTIN INDEPENDENT SCHOOL DISTRICT,

AUSTIN COMMUNITY COLLEGE DISTRICT,

AND THE BARTON SPRINGS / EDWARDS AQUIFER

CONSERVATION DISTRICT

WHEREAS, the Board of Trustees (the "Board") of the Austin Community College District (“ACC”) adopted on March 4, 2002, an "Order Calling Election," by which the Board ordered a General Election to be held on May 4, 2002; and,

WHEREAS, pursuant to Chapter 271, Texas Election Code, the ACC  has entered into a joint election agreement with the City of Austin (“City”), Austin Independent School District (“AISD”) and the Barton Springs / Edwards Aquifer Conservation District ("BSEACD"), which are also holding elections on the same day; and,

WHEREAS, the Board wishes to make a change to the allocation formula of said election.

IT IS, THEREFORE, ORDERED BY THE BOARD OF TRUSTEES FOR THE AUSTIN  COMMUNITY COLLEGE DISTRICT THAT:

8.       The expenses of the election shall be allocated among the Entities based on the relative proportion of the number of election precincts in which each of the respective Entities will conduct an election, each such precinct being weighted by the number of Entities conducting an election in that precinct, compared to the un-weighted total number of election precincts  involved in the joint election.

The allocation formula shall be as follows: Each Entity’s respective share of the expenses shall be the proportion of all expenses determined by the ratio of (i) the Entity’s Weighted Total of Precincts divided by (ii) the total number of precincts involved in the joint election.  The Weighted Total of Precincts for each participating Entity shall be determined by summing the Weighting Factor for each precinct in which that Entity conducts an election.  The Weighting Factor for a given precinct is equal to the quantity (1 ¸ n), where n is the number of Entities conducting an election in that precinct.  For example, for precincts in which an Entity is the only Entity conducting an election, the Weighting Factor for that precinct is 1.000; for precincts in which two Entities are conducting an election, the Weighting Factor is 0.500 for each Entity; for precincts in which three Entities are conducting and election, the Weighting Factor is 0.333 for each Entity; and for precincts in which four entities are conducting an election, the Weighting Factor is 0.250 for each Entity.

Based on this formula and a total number of precincts equal to 573, the relative proportions for each of the specific Entities are: City, 39% (based on 224 precincts); AISD, 16% (based on 93 precincts); ACC, 39% (based on 223 precincts); and BSEACD, 6% (based on 33 precincts).  The expenses of the election allocated by the City Clerk under this formula include all of the expenses for facilities, personnel, supplies, and training actually incurred by the City for establishing and operating all early voting and election day activities at polling places throughout the joint election territory.  Expenses for the facilities, personnel, and resources utilized in the tabulation of the votes shall likewise be allocated among the Entities by the City Clerk in accordance with this formula.

In the event any Entity(ies) cancel election because of unopposed candidates under Subchapter C of Title I of the Texas Election Code, such Entity shall be responsible for its respective share of all election expenses incurred through the date that the election is canceled as allocated to that Entity based on this formula.  Upon the cancellation of an election by any Entity(ies), the City Clerk shall recalculate the allocation percentages among the remaining Entities according to this formula.  The City shall pay all costs of the election; the other Entities shall reimburse the City within sixty (60) days for  their respective shares.

PASSED AND APPROVED _____________, 2002

AUSTIN COMMUNITY COLLEGE  DISTRICT

BY:     ____________________________________

Chair, Board of Trustees

ATTEST:

______________________________

Secretary, Board of Trustees

Revised:  March 27, 2002

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