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RES 1999-02RESOLUTION NO. 1999-02 AN AGREEMENT BETWEEN THE TOWN OF TROPHY CLUB, TEXAS AND THE COUNTY OF DENTON, TEXAS FOR RENTAL OF VOTING MACHINE EQUIPMENT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. SVctiVn 1. Lerltatl County, Texas, a corporate body politic, lierelnail.er 11 ei s1 X11 GtllJl 4J 11iG County," represented in this Agreement by the Elections Administrator, hereby agrees to rent the following voting machines to the hereinafter identified organization on the terms stated below. Section 2. The Town of Trophy Club, 100 Municipal Drive, Trophy Club, Texas, hereinafter designated as "Renter," has requested the rental of two (2) Optech III — P Eagle voting machines at $200.00 per machine on the terms stated below. Section 3. A copy of the ballot shall be forwarded to Don Alexander, Elections Administrator, Denton County, 401 W. Hickory Street, Denton, Texas. Section 4. The rental period of voting machines shall commence on the 26th day of April , 1999 and shall not extend to a date which will interfere with subsequent elections for which the County is responsible for providing the voting machines for public uses, and to this end will, in compliance with the Election Code, Article 7.14, Section 20, obtain a Court Order, at the Renter's expense, permitting the affected voting machine to be cleared and available to the County, no later than the tenth day after the first election for which the voting machines were rented. Section 5. Only voting machines which the County believes to be in safe operating condition will be provided, and the Renter agrees to hole the County harmless for any damages arising from the Renter's use of the voting machines. Section 6. Renter agrees to return the voting machines 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 machines during such time as the County does not have control custody of said machines. Section 7. The said machines will be delivered by the County to the Trophy Club Municipal Utilities Building, 100 Municipal Drive, Trophy Club, Texas, and picked up by the County at said place. 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 Document #. 677348 portions of this resolution; and the Town 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 and publication as required by law. Section 10. In witness of this Agreement, the County and the Renter affix their signatures on this the day of , 1999. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the 16th day of February , 1999. Mayor Pro Tem, Town of Trophy Club, Texas ATTEST: ZLI, 0-e� Z�Z� Town Secreta Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: Towfi Attorney Town of Trophy Club, Texas APPROVED: Don Alexander, Elections Administrator Denton County, Texas N Document #. 677348