Travis County Commssioners Court
February 3, 2004
The Closed Caption log for this Commissioners Court agenda item is provided by Travis County Internet Services. Since this file is derived from the Closed Captions created during live cablecasts, there are occasional spelling and grammatical errors. This Closed Caption log is not an official record the Commissioners Court Meeting and cannot be relied on for official purposes. For official records please contact the County Clerk at (512) 854-4722.
Item 30
Number 30 is to receive petition requesting election for the annexation of the territory within the del valle independent school district and to the Austin Austin community college district direct staff to review the petition and take another appropriate action.
>> and I guess that's all we're doing today, judge, is directing staff to review the petition. And my understanding is then that after that the election can be called whenever the appropriate time is.
>> that's my understanding too.
>> and it's always -- [ inaudible ].
>> in that case, I would move approval of those two things.
>> the motion is to officially are receive the petition.
>> I second that.
>> and direct staff to review the petition.
>> second.
>> and --
>> what does it mean by saying and take other appropriate action.
>> that's in case there's need to table this.
>> that's in case we need it. So direct the staff to actually send this out to the --
>> the voter registration office at the tax assessor's office. [papers shuffling - audio interference]
>> if by taking this action today, do we have the opportunity -- I understand that a.c.c. Is aware of this election and they have fwread to take -- agreed to take care of a $16,000. Will they have --
>> they have agreed to do that?
>> yes. But at the appropriate time.
>> so we'll be able to have that back before us? Because that's the only question that I had on it, Commissioner, is that if we had the opportunity to bring that back and see if that is in essence going to be the case. I think we've had some issues with a few elections lately as to reimbursement.
>> I think it's a different kind of election, whereas this one is in terms of a boundary change related to schools.
>> it lays out a lot of detail. A lot of legal stuff.
>> it's not like where we got stuck with some of those things.
>> so who is responsible for the election cost is the question?
>> the county is responsible for election cost, but a.c.c. Can legally, according to some rather old agreements, agree to contribute items in kind, such as supplies.
>> on the other two we discovered that the county was responsible. For although they agreed to pay us up front, neither of the two for which we conducted elections paid us. And one lawyer represented both of them, and he basically when it was time to pay up said the entities would not. So to date we have not received a penny, notwithstanding the agreement to pay us up front. Two, though, is that the law apparently placed responsibility for the cost of the election on us, unless the entity for which we do the election agrees to reimburse us and hold apart, right?
>> they can agree to donate.
>> and is that agreement enforceable?
>> if it's in the election order and we have all the language that -- actually, if we write the election order a little bit like a contract, we have a much better chance is the way i'll put it.
>> it seems to me that if a.c.c. Pays us money, fine. I don't know that I would bank on it. But I would think that at some point their lawyer would tell them, you understand you don't have to pay this unless you want to.
>> well, i'd rather you just tell me that then. I mean, what I don't like is insinuate that you're going to pay me. [ laughter ] I don't have any problem with -- you're supposed to do this election, then do it, but don't -- [overlapping speakers].
>> del valle is already participating, and because of the joint elections agreement we've got, they're already locked in in terms of using our equipment. Just one more thing.
>> but it's supposed to be $16,000 attributable to a.c.c.'s part of it, right?
>> I believe your number is correct. I'm speaking without notes, but that's about right.
>> I believe it 16,500.
>> and I had a message from one of the trustees, and I trust that they will.
>> well, let's not think of that money until after we've received it based on these other two elections.
>> well, we're having an election that day likely anyway related to the hospital district, so Travis County will be picking up it's proportionate share of this election, and there's a possibility of sharing with aisd that day and depending on what the city of Austin decide to do, if they decide to do charter changes that day.
>> and why don't we have an item before the court where we very clearly lay out exactly what our obligations are under the contract and what their obligations are, and what we're going to do, because it a little bit different circumstance than we normally do with us having that election. Let's make sure we're all clear before we get too far into it.
>> so we have time to do that. If first we can just receive it and direct staff to verify if.
>> and that's all we're doing today.
>> in order to be ready for the election, we need the committee ceifying the petition to report back to the court in about a month, right?
>> correct.
>> March ninth.
>> preferably a week or two before. Okay? Anything else we need to do today? The motion is basically for us to officially receive the petition and to direct appropriate county staff to review it and certify it for compliance with the law.
>> that's correct.
>> that was -- there was a little issue that surfaced at some point when we contacted the justice department and found out what we had was fine. And that is that the petition is in english only, not spanish, but we were advised that a spanish interpreter was available at the time different people were asked to sign the petition, so if spanish was needed the interpreter would basically interpret in spanish, right?
>> correct.
>> there's also a spanish -- it was --
>> was it a brochure?
>> yeah, a brochure, along with it for the individuals to look at.
>> the justice department says that's fine.
>> uh-huh.
>> okay. Any more discussion? Questions, comments? All in favor? That passes by unanimous vote. Thank you very much, tara and john.
Last Modified: Wednesday, February 4, 2004 6:25 AM