HomeMy WebLinkAbout1998-336ORDINANCE NO d rg�
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO THE TERMS
OF A CONTRACT FOR ELECTION SERVICES WITH THE ELECTIONS
ADMINISTRATOR OF DENTON COUNTY, TEXAS TO CONDUCT THE NOVEM 3ER 3,
1998 ELECTION CONCERNING THE REPEAL OF THE EXTENDED HOURS FOR
ALCOHOLIC BEVERAGES ORDINANCE, VALIDATING AND RATIFYING CERTAIN
SERVICES PERFORMED, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR,
AND PROVIDING AN EFFECTIVE DATE
WHEREAS, Tex Elec Code §§31 092 and 31 093 allow a County elections officer to
contract with the City Council of the City of Denton to perform election services, as provided by
subchapter D of the Texas Election Code, upon the request of the City of Denton for the
Elections Administrator to perform those services in accordance with Tex Elec Code §31 093,
and
WHEREAS, on September 1, 1998, the City Council passed Ordinance No 98-260
calling an election on November 3, 1998 to determine whether a new ordinance requested by a
petition of the qualified voters would be enacted to repeal the extended hours for alcoholic
beverages and to return these hours to standard hours, and
WHEREAS, the City Council deems it in the public interest to enter into a Contract for
Election Services with Jeff D Watson, the Elections Administrator of Denton County to perform
various election functions and services for the City in holding this election at an estimated cost of
$13,714 04 and in accordance with Tex Elec Code Ch 31, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I. That the City Council hereby requests the Elections Administrator of
Denton County to perform the election services set forth in the attached Contract for Election
Services, which is made a part of this ordinance as if written word for word herein, to furnish
election services for the November 3, 1998 election to determine whether a new ordinance
requested by a petition of the qualified voters would be enacted to repeal the extended hours for
alcoholic beverages and to return these hours to standard hours, and said Contract is hereby
approved
SECTION II. That the City Manager is hereby authorized to enter into a contract with
Jeff D Watson, the Elections Administrator of Denton County, Texas, pursuant to the authority
of Tex Elec Code §§31 091, 31092, and 31 093 to perform certain election services and to
provide certain equipment for the holding of the November 3, 1998 election to determine
whether the extended hours for alcoholic beverages will be repealed by enacting a standard hours
for alcoholic beverages ordinance, and all previous actions taken by Jeff D Watson, the City
Secretary, the City Manager, or any other election officials under this Contract or concerning the
November 3, 1998 election are hereby ratified and approved
2
SECTION III That the City Manager is authorized to make the expenditures as provided
in the attached Contract
SECTION IV, That this ordinance shall become effective immediately upon its passage
and approval
PASSED AND APPROVED this the /9t day of 4QU) ' 1998
S�L� �-� -
JACI I ER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY 4
APP VED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
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Page 2
THE STATE OF TEXAS II CONTRACT FOR
COUNTY OF DENTON
CITY OF DENTON ELECTION SERVICES
BY THE TERMS OF THIS CONTRACT made and entered into by and between the CITY
OF DENTON, hereinafter referred to as the "CITY," and JEFF D WATSON, the Elections
Administrator of Denton County, Texas, hereinafter referred to as "Contracting Officer," pursuant
to the authority of Section 31091, of the Texas Election Code, agree to the following particulars in
regard to coordination, supervision and running of the City's November 3, 1998, Special Election
THIS AGREEMENT is entered into in consideration of the mutual covenants and promises
hereinafter set out IT IS AGREED AS FOLLOWS
I. DUTIES AND SERVICES OF CONTRACTING OFFICER The Contracting Officer
shall be responsible for performing the following duties and shall furnish the following services and
equipment
A The Contracting Officer shall provide all lists of registered voters required
for use on electron day and for the early voting period required by law The
electron day list of registered voters shall be arranged in alphabetical order by
polling place in lieu of alphabetic by each precinct in each polling place
B The Contracting Officer shall procure and arrange for the distribution of
all electron equipment and supplies required to hold an electron as required by
contracting authority
1 Equipment includes the rental of voting and demonstrator machines, ballot
boxes, transfer cases, voting signs, directional poles and tote boxes
2 Supplies include pens, tape, markers, etc
C Application for marl ballots erroneously marled to the city shall
immediately be faxed to the county for timely processing
D The Contracting Officer shall be responsible for establishing and operating the
Central Counting Station to receive and tabulate the voted ballots in accordance with
Section 127 000 of the Electron Code and of this agreement Counting Station
Manager shall be Jeff Watson Central Count Judge shall be George Spuller The
Tabulation Supervisor and Tabulation Operator shall be provided by the Denton
County Electrons Administration Office and paid as a contract expense
1 The tabulation supervisor shall prepare, test and run the county's
tabulation system in accordance with statutory requirements and county
policies, under the auspices of the Contracting Officer
The Public Logic and Accuracy Test of the electronic voting system shall
be conducted on Wednesday, October 28, 1998, at 10 00 A M , by the
Contracting Officer
Election night reports will be available to the City at the Central Counting
Station on election night
The Contracting Officer shall prepare the unofficial canvass report after
all precincts have been counted, and will provide a copy of the unofficial
canvass to the City as soon as possible after all returns have been tallied
The Contracting Officer shall be appointed the custodian of the voted
ballots and shall retain all election material for a period of 60 days
Pending no litigation and as prescribed by law, the voted and
unused ballots shall be shredded 60 days after the election
The City can obtain the list of registered voters from the Elections
Administration Office after this 60-day retention period Pending no
litigation and if the City does not request the lists, the Contracting
Officer shall destroy them 90 days after the election
II Duties and Services of the City. The City shall assume the following responsibilities
A The City shall prepare the election orders, resolutions, notices, justice department
submissions, official canvass and other pertinent documents for adoption by the
appropriate office or body
The City shall publish and post the Notice of the Public Logic and Accuracy
Test of the electronic voting system and one press release The Contracting
Officer shall prepare a certification of tabulation and an unofficial "canvass
report" that will assist the City with the official canvass
2 The City assumes the responsibility of posting all notices and likewise
promoting the schedules for Early Voting and Election Day
B The City shall arrange and order the necessary ballots for the November 3 election
The City shall procure and provide the Contracting Officer with the ballot layout
and Spanish interpretation (if necessary)
C The City shall post the publication of election notice by the proper methods with the
proper media
D The City shall prepare and submit to the U S Department of Justice under the Federal
Voting Rights act of 1965, any required submissions on voting changes
E The City shall compensate the Contracting Officer for any additional cost incurred
in the process of running this election or for a re-count this election may require
F The City shall pay the Contracting Officer 100% of the actual cost to run plus the
10% administrative fee pursuant to the Texas Election Code, Section 31 100, of the
said election within 60 days of receipt of final cost from contracting officer The
payment should be delivered within the mandatory time frame to
Denton County Treasury
401 W. Hickory
Denton, Tx 76201
ATTN• Elections Contract Fund
III Cost of Services See Exhibit "A "
IV General Provisions.
A Nothing contained in this contract shall authorize or permit a change in the officer
with whom or the place at which any document or record relating to the City's
November 3,1998, Special Election is to be filed or the place at which any
function is to be carried out, or any nontransferable functions specified under Section
31 096 of the Texas Electron Code
B Upon request, the Contracting Officer will provide copies of all invoices and other
charges received in the process of running said election for the City
C If the City cancels their election pursuant to Section 2 053 of the Texas Election
Code, the Contracting Officer shall be paid a contract preparation fee of $75 An
entity canceling an election will not be liable for any further costs incurred by the
Contracting Officer in conducting the November 3, 1998, Special Electron
D The Contracting Officer shall file copies of this contract with the County Auditor of
Denton County, Texas
WITNESS BY MY HAND THIS THE � DAY OF �/' 1998
Jeff
Elec of dmmistrator
Denton County, Texas
WITNESS BY MY HAND THIS THE ,— DAY OF e�, 1998
PLIA
City Manater !/
City of Denton, Texas
ATTEST
JENNIFER WALTERS, CITY SECRETARY
ZOVED
J
AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
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