Loading...
HomeMy WebLinkAbout2014-243sAlegal\our documents\ordinances\14\bond election ordinance v4.docx AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, CALLING AN ELECTION TO BE HELD ON NOVEMBER 4, 2014, WITHIN SAID CITY ON THE QUESTION OF THE ISSUANCE OF $98,175,000 IN AD VALOREM TAX SUPPORTED PUBLIC SECURITIES FOR STREETS, PUBLIC SAFETY, DRAINAGE AND PARKS; MAKING PROVISION FOR THE CONDUCT OF THE ELECTION; AND CONTAINING OTHER PROVISIONS INCIDENTAL THERETO; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council (the "City Council") of the City of Denton, Texas (the "City") finds and determines that an election should forthwith be called and held in the City for the purpose of submitting propositions for the issuance of ad valorem tax supported public securities for the purposes herein set forth; and WHEREAS, it is provided in Section 3.004 of the Texas Election Code (the "Code") that the governing body of the City shall order elections pertaining to municipal affairs, give notice and appoint election officers to hold the election; and WHEREAS, the City Council finds that the date at which said election shall be held is at least seventy-eight (78) days after the date this ordinance is adopted; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The statements contained in the preamble to this ordinance are hereby adopted as findings of fact and as a part of the operative provisions hereof. SECTION 2. An election shall be held between the hours of 7:00 A.M. and 7:00 P.M. on November 4, 2014 in the City, for the purpose of submitting to the voters of the City ballot propositions that authorize the issuance of public securities supported by ad valorem taxes, at the polling places designated by the Denton County Elections Administrator (the "Elections Administrator") in accordance with the provisions of a joint election agreement and contract for election services with the Elections Administrator (the "Election Services Agreement"), which the City Manager or an Assistant City Manager is hereby authorized to execute in the name of the City. The locations of such polling places are set forth in Exhibit A attached hereto. Exhibit A shall be modified to include additional or different election day polling places designated by the Elections Administrator and to conform to the Election Services Agreement. SECTION 3. Early voting shall be conducted by personal appearance at the locations, dates and times set forth in Exhibit B attached hereto and during the period early voting is required or permitted by law, being October 20, 2014 through October 31, 2014. Exhibit B shall be modified to include additional or different early voting locations designated by the Elections Administrator and to conform to the Election Services Agreement. SECTION 4. Eligible voters who live in the City may vote on election day and during the early voting period at any voting center shown in Exhibits "A" and "B", respectively. SECTION 5. The Denton County Elections Administrator shall serve as the early voting clerk in accordance with the terms of an Election Services Agreement. The main Early Voting polling location for the election for residents of the City shall be at the following address. Applications for early voting by mail must be received no later than the close of regular business or 12 noon, whichever is later, on October 24, 2014. Applications for early voting by mail must be submitted to the following address: Early Voting Clerk Denton County Elections Administrator 701 Kimberly Drive Denton, Texas 76208 SECTION 6. All resident, qualified electors of said City shall be entitled to vote at said election. SECTION 7. At said election the following PROPOSITIONS shall be submitted in accordance with law: PROPOSITION NO. 1 Shall the City Council of the City of Denton be authorized to issue public securities of said City, in one or more series or issues, in the aggregate principal amount of $61,710,000, with the public securities of each such series or issue, respectively, to mature serially within not to exceed thirty years from their date, and to be sold at such prices and bear interest at such rates, not to exceed the maximum rates permitted by law at the respective times of issuance, as shall be determined within the discretion of the City Council, for the purpose of the acquisition of property and making improvements for public purposes in said City, to -wit: constructing, reconstructing, restructuring and extending streets, roadways, bridges, overpasses, pedestrianways, sidewalks, landscaping, streetscapes, collectors, storm drains, signalization, signage, other traffic and signal controls, traffic control and transportation facilities, street lighting and median improvements; up to $30,000 of such principal amount for acquiring, constructing and installing public art related to and being part of some or all of the foregoing; the acquisition of land and interests in land for the foregoing; and improvements related to the foregoing; and shall said City Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes in an amount sufficient to pay the annual interest on said public securities and provide a sinking fund to pay said public securities at maturity? PROPOSITION NO. 2 Shall the City Council of the City of Denton be authorized to issue public securities of said City, in one or more series or issues, in the aggregate principal amount of $16,565,000, with the public securities of each such series or issue, respectively, to mature serially within not to exceed thirty years from their date, Page 2 of 9 s:\legal\our documents\ordinances\14\bond election ordinance v4.docx and to be sold at such prices and bear interest at such rates, not to exceed the maximum rates permitted by law at the respective times of issuance, as shall be determined within the discretion of the City Council, for the purpose of the acquisition of property and making improvements for public purposes in said City, to -wit: constructing, reconstructing, renovating, improving, expanding, equipping and furnishing public safety facilities for the police department and the fire department including related utility infrastructure, drainage, landscaping, and site and access improvements; up to $325,000 of such principal amount for acquiring, constructing and installing public art related to and being part of some or all of the foregoing; the acquisition of land and interests in land for the foregoing; and improvements related to the foregoing; and shall said City Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes in an amount sufficient to pay the annual interest on said public securities and provide a sinking fund to pay said public securities at maturity? PROPOSITION NO. 3 Shall the City Council of the City of Denton be authorized to issue public securities of said City, in one or more series or issues, in the aggregate principal amount of $8,545,000, with the public securities of each such series or issue, respectively, to mature serially within not to exceed thirty years from their date, and to be sold at such prices and bear interest at such rates, not to exceed the maximum rates permitted by law at the respective times of issuance, as shall be determined within the discretion of the City Council, for the purpose of the acquisition of property and making improvements for public purposes in said City, to -wit: constructing, reconstructing, restructuring and installing stormwater drainage and flood control improvements; related utility relocation and bridge and street modifications or removal; the acquisition of land, structures and interests in land for the foregoing; and improvements related to the foregoing; and shall said City Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes in an amount sufficient to pay the annual interest on said public securities and provide a sinking fund to pay said public securities at maturity? PROPOSITION NO. 4 Shall the City Council of the City of Denton be authorized to issue public securities of said City, in one or more series or issues, in the aggregate principal amount of $11,355,000, with the public securities of each such series or issue, respectively, to mature serially within not to exceed thirty years from their date, and to be sold at such prices and bear interest at such rates, not to exceed the maximum rates permitted by law at the respective times of issuance, as shall be determined within the discretion of the City Council, for the purpose of the acquisition of property and making improvements for public purposes in said City, to -wit: constructing, reconstructing, renovating, improving, expanding and equipping park improvements, including beautification, trails, athletic fields, water parks, swimming pools, park buildings and recreation facilities; up to $180,000 of such principal amount for acquiring, constructing and installing Page 3 of 9 sAlegal\our documents\ordinances\14\bond election ordinance v4.docx public art related to and being part of some or all of the foregoing; the acquisition of land and interests in land for the foregoing; and improvements related to the foregoing; and shall said City Council be, authorized to levy and cause to be assessed and collected annual ad valorem taxes in an amount sufficient to pay the annual interest on said public securities and provide a sinking fund to pay said public securities at maturity? SECTION 8. The official ballots for said election shall be prepared in accordance with the Code so as to permit the electors to vote "FOR" or "AGAINST" the aforesaid PROPOSITION, with the ballots to contain such provisions, markings and language as required by law, and with such PROPOSITION to be expressed substantially as follows: FOR AGAINST PROPOSITION NO. 1 THE ISSUANCE OF $61,710,000 OF PUBLIC SECURITIES FOR STREET IMPROVEMENTS PROPOSITION NO. 2 FOR ) THE ISSUANCE OF $16,565,000 OF PUBLIC SECURITIES FOR PUBLIC SAFETY FACILITIES FOR POLICE AND AGAINST ) FIRE DEPARTMENTS PROPOSITION NO. 3 FOR ) THE ISSUANCE OF $8,545,000 OF PUBLIC SECURITIES FOR STORMWATER DRAINAGE AND FLOOD CONTROL AA ST ) IMPROVEMENTS PROPOSITION NO.4 FOR THE ISSUANCE OF $11,355,000 OF PUBLIC SECURITIES FOR PARK SYSTEM IMPROVEMENTS I,[N:1111120 1 SECTION 9. In accordance with the Election Services Agreement, the Elections Administrator, as early voting clerk, shall receive applications for early voting ballots to be voted Page 4 of 9 s:\legal\our documents\ordinances\14\bond election ordinance v4.docx by mail. An early voting ballot board and signature verification committee shall be created to process early voting results from the election. SECTION 10. In accordance with the Election Services Agreement, the Elections Administrator shall appoint the presiding judges for each polling place and the presiding judge of the early voting ballot board. The presiding judge of the early ballot board, with the assistance of the Elections Administrator, shall appoint two or more additional members to constitute the early voting ballot board members and signature verification committee members, as may be required to efficiently process the early voting ballots. SECTION 11. In accordance with the Election Services Agreement, the Elections Administrator shall appoint the presiding election judges, alternate presiding judges and early voting clerks and deputy early voting clerks for the designated polling places. SECTION 12. In accordance with provisions of the Code, the Bond Election Ordinance, as it may be modified in a manner that is consistent with the election notice requirements applicable to the Election, shall serve as proper notice of the election (the "Notice of Election"). The City Council hereby directs that the Notice of Election and the Bond Election Ordinance be posted and published as follows, and it is specifically authorized that the Bond Election Ordinance may be provided to the Election Administrator who may act on behalf of the City in posting the Bond Election Ordinance in accordance with the provisions of Section 4.003(f)(1) of the Code: (a) The Notice of Election, in both English and Spanish, shall be published on the same day in each of two (2) successive weeks in a newspaper of general circulation in the City, the date of the first publication to be not less than fourteen (14) days nor more than thirty (30) days prior to the date of the Election (b) The Bond Election Ordinance, in both English and Spanish, shall be posted on the bulletin board at the City Hall of the City used for posting notices of meetings of the City Council, and at three other public places in the City, not later than the 21 st day prior to the date set for the election; (c) The Bond Election Ordinance, in both English and Spanish, and the Notice of Election, in both English and Spanish, shall be prominently posted during the 21 days before the election on the City's Internet website; and (d) The Bond Election Ordinance, in both English and Spanish, shall be posted on election day and during early voting by personal appearance, in a prominent location at each polling place. SECTION 13. In all respects, said election shall be conducted in accordance with the Texas Election Code and any other applicable laws. The City Secretary is authorized to perform every act required by the City Charter, the laws of the State of Texas and all other applicable laws for holding elections. Page 5 of 9 sAlegal\our documents\ordinances\14\bond election ordinance v4.docx SECTION 14. In accordance with Article 9, Sec. 9.02(c)(1) of the City Charter, it is hereby found and determined that the probable period of usefulness of the proposed improvements covered by the aforesaid PROPOSITION is 30 years. SECTION 15. Article 9, Sec. 9.02(c)(6) of the City Charter contains the following provision and requires this election ordinance to distinctly specify: "A determination of the net debt of the City after issuance of the bonds thereby authorized, together with a declaration that the bonds thereby authorized will be within all debt and other limitations prescribed by the Constitution and laws of the State of Texas". The determination is hereby made that the net debt of the City after the issuance of the bonds herein proposed to be submitted will be not more than $495,335,000 and it is hereby declared that said general obligation bonds will be within all debt and other limitations prescribed by the Constitution and laws of the State of Texas. SECTION 16. In accordance with the provisions of Section 3.009(b) of the Code, it is hereby found and determined that: (a) The proposition language that will appear on the ballot is set forth in Section 8 hereof. (b) The purpose for which the bonds are to be authorized is set forth in Section 7 hereof. (c) The principal amount of the bonds to be authorized is set forth in Sections 7 and 8 hereof. (d) As set forth in Sections 7 and 8 hereof, if the bonds are approved by the voters, the City Council will be authorized to levy annual ad valorem taxes on all taxable property in the City, within the limits prescribed by law, sufficient to pay the annual principal of and interest on the bonds and provide a sinking fund to pay the bonds at maturity. (e) Based upon the bond market conditions at the date of adoption of this Ordinance, the maximum interest rate for any series of the bonds is estimated to be 5.50% as calculated in accordance with applicable law. Such estimate takes into account a number of factors, including the issuance schedule, maturity schedule and the expected bond ratings of the proposed bonds. Such estimated maximum interest rate is provided as a matter of information, but is not a limitation on the interest rate at which the bonds, or any series thereof, may be sold. (f) As set forth in Section 7 hereof, if the bonds are approved, they may be issued in one or more series, to mature serially, over a period not to exceed 30 years. Page 6 of 9 s:\legal\our documents\ordinances\14\bond election ordinance v4.docx (g) The aggregate amount of the outstanding principal of the City's debt obligations which are secured by ad valorem taxes as of the beginning of the City's 2013-14 fiscal year is $397,160,000. (h) The aggregate amount of the outstanding interest of the City's debt obligations which are secured by ad valorem taxes as of the beginning of the City's 2013-14 fiscal year is $127,570,666. (i) The ad valorem debt service tax rate for the City for the 2013-14 fiscal year is $0.68975 per $100 of taxable assessed valuation. SECTION 17. The City Manager or an Assistant City Manager are hereby authorized to correct, modify or change the information in the attached Exhibits based upon the final locations, dates and times agreed upon by the Elections Administrator and the City as well as incorporate additional or different voting locations as designated by the Elections Administrator. SECTION 18. It is hereby officially found and determined that the meeting at which this ordinance is passed was open to the public as required and that public notice of the time, place, and purpose of said meeting was given as required by the Open Meetings Act, Chapter 551, Texas Government Code. SECTION 19. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ..m day o;' � _ , , 2014. CH S WATTS, MAYOR. ATTEST: 1ENNJFER WALTERS CITY SECRETARY ON APP VED A "1"O LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BOND ATTORNEYS Page 7 of 9 s:\Iegal\our documents\ordinances\14\bond election ordinance v4.docx Aubrey Area Library Stephen Copeland Government Green Valley Baptist Church 226 Countryside Dr., Aubrey, Texas Center 9901 FM 428, Aubrey, Texas Precinct No. 1005 1400 FM 424, Cross Roads, Texas Precinct No. 1008 Precinct No. 1007 Denton Christian Church 3130 N. Elm St., Denton, Texas Precinct No. 1009 Denton Fire Station #4 2110 Sherman Dr., Denton, Texas Precinct No. 1012 Southmont Baptist Church 2801 Pennsylvania Dr., Denton, Texas Precinct Nos. 1016, 1017 Pecan Creek Elementary 4400 Lakeview Blvd., Denton, Texas Precinct Nos. 1038, 1039, 4012, 4041 Robson Ranch 9501 Ed Robson Blvd., Denton, Texas Precinct No. 4003 Trinity Presbyterian Church 2200 N. Bell Ave., Denton, Texas Precinct No. 4006 Denton Civic Center 321 E. McKinney, Denton, Texas Precinct Nos. 4009, 4010 Cooper Creek Baptist Church 4582 Fishtrap Rd., Denton, Texas Precinct No. 1010 Singing Oaks Church of Christ 101 Cardinal Dr., Denton, Texas Precinct No. 1013 DATCU Credit Union 3210 Teasley Ln., Denton, Texas Precinct No. 1018 Krum ISD 12 Gregg Rd., Krum, Texas Precinct Nos. 4001, 4042 Denia Recreation Center 1001 Parvin St., Denton, Texas Precinct Nos. 4004, 4037 First Baptist Church of Denton 1100 Malone St., Denton, Texas Precinct No. 4007 Martin Luther King Jr. Rec. Center 1300 Wilson, Denton, Texas Precinct No. 4011 Towne North Baptist Church 526 Hercules Ln., Denton, Texas Precinct No. 1011 McMath Middle School 1900 Jason Dr., Denton, Texas Precinct Nos. 1014, 1015, 4014, 4015 Guyer High School 7501 Teasley Ln., Denton, Texas Precinct Nos. 1019, 4016 Vivian Cockburn Municipal Building (Ponder Town Hall) 405 Shaffner St., Ponder, Texas Precinct No. 4002 North Lakes Recreation Center 2001 W. Windsor Dr., Denton, Texas Precinct Nos. 4005, 4038, 4040 Carriage House Assisted Living 1357 Bernard St., Denton, Texas Precinct Nos. 4008, 4013, 4039 Argyle City Hall 308 Denton St. E, Argyle, Texas Precinct No. 4017 99MUM, sAlegahour documents\ordinances\14\bond election ordinance v4.docx EXHIBIT B The following early votinglocations will ONLY be open the dates and tinles listed: Monday —Friday Saturday Sunday Monday —Friday Steven E Copeland Government Center 1400 FM 424, Cross Roads Justin Municipal Complex 415 N. College, Justin Denton County Elections Administration 701 Kimberly Dr., Denton Lake Dallas City Hall 212 Main Street, Lake Dallas October 20-24 Sam-5pm October 25 7am-7pm October 26 1pm-6pm October 27—October 31 7am-7pm Little Elm Recreation Center 303 Main St., Little Elm Lewisville Municipal Annex 1197 W. Main Street, Lewisville Carrollton Public Library 4220 N. Josey, Carrollton Highland Village Municipal Complex 1000 Highland Village Rd., Highland Village Flower Mound Police and Municipal Court Building Arevle Town Hall 4150 Kirkpatrick, Flower Mound 308 Denton St., Argyle Frisco Fire Station #7 Pilot Point Senior Center 330 W Stonebrook Pkwy., Frisco 310 S Washington St., Pilot Point Double Oak Town Hall The Colony Government Center 320 Waketon, Double Oak 6301 Main St., The Colony Corinth City Hall Krum ISD Administration Building 3300 Corinth Pkwy., Corinth 1200 Bobcat Blvd, Krum Sanger Church of Christ Monday — Friday October 20 — 24 8am — 5pm 400 N. Locust St. Sanger Saturday October 25 7am — 7pm Monday — Tuesday October 27 — 28 7am — 7pm Wednesday October 29 7am — 5pm Thursday — Friday October 30 — 31 7am — 7pm Svore Municipal Building Monday — Friday October 20 — 24 8am — 5pm 100 Municipal Drive, Trophy Saturday October 25 7am — 7pm Club Monday — Friday October 27 — 31 7am — 7pm Denton Civic Center Monday — Thursday October 20 — 23 8am — 5pm 321 E. McKinney St., Denton Sunday October 26 Ipm — 6pm Monday — Friday October 27 — 31 7am — 7pm Page 9 of 9 THE STATE OF TEXAS COUNTY OF DENTON JOINT ELECTION AGREEMENT AND CONTRACT FOR ELECTION SERVICES THIS CONTRACT for election services is made by and between the Denton County Elections Administrator and the following political subdivisions located entirely or partially inside the boundaries of Denton County: Town of Bartonville City of Lake Dallas Town of Cross Roads City of The Colony City of Dallas Town of Trophy Club City of Denton Highway 380 Municipal Mngt. District #1 City of Fort Worth Tradition Municipal Utility District #2 City of Frisco This contract is made pursuant to Texas Election Code Sections 31.092 and 271.002 and Texas Education Code Section 11.0581 for a joint November 4, 2014 election to be administered by Kerry Martin, Denton County Elections Deputy Administrator, hereinafter referred to as "Elections Administrator." RECITALS Each participating authority listed above plans to hold a General or Special Election on November 4, 2014. Denton County plans to hold county -wide voting for a General and Constitutional Amendment Election. The County owns an electronic voting system, the Hart InterCivic eSlate/eScan Voting System (Version 6.2.1), which has been duly approved by the Secretary of State pursuant to Texas Election Code Chapter 122 as amended, and is compliant with the accessibility requirements for persons with disabilities set forth by Texas Election Code Section 61.012. The contracting political subdivisions desire to use the County's electronic voting system, to compensate the County for such use, and to share in certain other expenses connected with joint elections, in accordance with the applicable provisions of Chapters 31 and 271 of the Texas Election Code, as amended. NOW THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the parties, IT IS AGREED as follows: I. ADMINISTRATION The parties agree to hold a "Joint Election" with Denton County and each other in accordance with Chapter 271 of the Texas Election Code and this agreement. The Denton County Elections Administrator shall coordinate, supervise, and handle all aspects of administering the Joint Election as provided in this agreement. Each participating authority agrees to pay the Denton County Elections Administrator for equipment, supplies, services, and administrative costs as provided in this agreement. The Denton County Elections Administrator shall serve as the administrator for the Joint Election; however, each participating authority shall remain responsible for the decisions and actions of its officers necessary for the lawful conduct of its election. The Elections Administrator shall provide advisory services in connection with decisions to be made and actions to be taken by the officers of each participating authority as necessary. It is understood that other political subdivisions may wish to participate in the use of the County's electronic voting system and polling places, and it is agreed that the Elections Administrator may enter into other contracts for election services for those purposes, on terms and conditions generally similar to those set forth in this contract. In such cases, costs shall be pro -rated among the participants according to Section XI of this contract. At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The participating parties shall share a mutual ballot in those polling places where jurisdictions overlap. However, in no instance shall a voter be permitted to receive a ballot containing an office or proposition stating a measure on which the Page 1 of 8 voter is ineligible to vote. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not overlap. II. LEGAL DOCUMENTS Each participating authority shall be responsible for the preparation, adoption, and publication of all required election orders, resolutions, notices, and any other pertinent documents required by the Texas Election Code and/or the participating authority's governing body, charter, or ordinances, except that the Elections Administrator shall be responsible for the preparation and publication of all voting equipment testing notices that are required by the Texas Election Code. Election orders should include language that would not necessitate amending the order if any of the Early Voting and/or Election Day polling places change. Preparation of the necessary materials for notices and the official ballot shall be the responsibility of each participating authority, including translation to languages other than English. Each participating authority shall provide a copy of their respective election orders and notices to the Denton County Elections Administrator. III. VOTING LOCATIONS The Elections Administrator shall select and arrange for the use of and payment for all Election Day voting locations. Voting locations will be, whenever possible, the usual voting location for each election precinct in elections conducted by the county, and shall be compliant with the accessibility requirements established by Election Code Section 43.034 and the Americans with Disabilities Act (ADA). The proposed voting locations are listed in Attachment A of this agreement. In the event a voting location is not available or appropriate, the Elections Administrator will arrange for use of an alternate location with the approval of the affected participating authorities. The Elections Administrator shall notify the participating authorities of any changes from the locations listed in Attachment A. If polling places for the November 4, 2014 joint election are different from the polling place(s) used by a participating authority in its most recent election, the authority agrees to post a notice no later than November 4, 2014 at the entrance to any previous polling places in the jurisdiction stating that the polling location has changed and stating the political subdivision's polling place names and addresses in effect for the November 4, 2014 election. This notice shall be written in both the English and Spanish languages. IV. ELECTION JUDGES, CLERKS, AND OTHER ELECTION PERSONNEL Denton County shall be responsible for the appointment of the presiding judge and alternate judge for each polling location. The Elections Administrator shall make emergency appointments of election officials if necessary. Upon request by the Elections Administrator, each participating authority agrees to assist in recruiting polling place officials who are bilingual (fluent in both English and Spanish). In compliance with the Federal Voting Rights Act of 1965, as amended, each polling place containing more than 5% Hispanic population as determined by the 2010 Census shall have one or more election officials who are fluent in both the English and Spanish languages. If a presiding judge is not bilingual, and is unable to appoint a bilingual clerk, the Elections Administrator may recommend a bilingual worker for the polling place. If the Elections Administrator is unable to recommend or recruit a bilingual worker, the participating authority or authorities served by that polling place shall be responsible for recruiting a bilingual worker for translation services at that polling place. The Elections Administrator shall notify all election judges of the eligibility requirements of Subchapter C of Chapter 32 of the Texas Election Code, and will take the necessary steps to insure that all election judges appointed for the Joint Election are eligible to serve. The Elections Administrator shall arrange for the training and compensation of all election judges and clerks. The Elections Administrator shall arrange for the date, time, and place for presiding election judges to pick up their election supplies. Each presiding election judge will be sent a letter from the Elections Administrator notifying him of his appointment, the time and location of training and distribution of election supplies, and the number of election clerks that the presiding judge may appoint. Page 2 of 8 Each election judge and clerk will receive compensation at the hourly rate established by Denton County pursuant to Texas Election Code Section 32.091. The election judge, or his designee, will receive an additional sum of $25.00 for picking up the election supplies and equipment prior to Election Day and for returning the supplies and equipment to the central counting station after the polls close. The compensation rates established by Denton County are: Early Voting — Lead Clerk ($10 an hour), Clerk ($9 an hour) Election Day — Presiding Judge ($11 an hour), Alternate Judge ($10 an hour), Clerk ($9 an hour) Election judges and clerks who attend voting equipment training and/or procedures training shall be compensated at the rate of $7 an hour. The Elections Administrator may employ other personnel necessary for the proper administration of the election, including such part-time help as is necessary to prepare for the election, to ensure the timely delivery of supplies during early voting and on Election Day, and for the efficient tabulation of ballots at the central counting station. Part-time personnel working in support of the Early Voting Ballot Board and/or central counting station on election night will be compensated at the hourly rate set by Denton County in accordance with Election Code Sections 87.005, 127.004, and 127.006. V. PREPARATION OF SUPPLIES AND VOTING EQUIPMENT The Elections Administrator shall arrange for all election supplies and voting equipment including, but not limited to, the County's electronic voting system and equipment, official ballots, sample ballots, voter registration lists, and all forms, signs, maps and other materials used by the election judges at the voting locations. The Elections Administrator shall ensure availability of tables and chairs at each polling place and shall procure rented tables and chairs for those polling places that do not have tables and/or chairs. The Elections Administrator shall be responsible for conducting all required testing of the electronic equipment, as required by Chapters 127 and 129 of the Texas Election Code. At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The participating parties shall share a mutual ballot in those precincts where jurisdictions overlap. However, in no instance shall a voter be permitted to receive a ballot containing an office or proposition stating a measure on which the voter is ineligible to vote. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not overlap. The Elections Administrator shall provide the necessary voter registration information, maps, instructions, and other information needed to enable the election judges in the voting locations that have more than one ballot style to conduct a proper election. Each participating authority shall furnish the Elections Administrator a list of candidates and/or propositions showing the order and the exact manner in which the candidate names and/or proposition(s) are to appear on the official ballot (including titles and text in each language in which the authority's ballot is to be printed). Each participating authority shall be responsible for proofreading and approving the ballot insofar as it pertains to that authority's candidates and/or propositions. Each participating authority shall be responsible for proofing and approving the audio recording of the ballot insofar as it pertains to that authority's candidates and/or propositions. The joint election ballots that contain ballot content for more than one joint participant because of overlapping territory shall be arranged with the appropriate school district ballot content appearing on the ballot first, followed by the appropriate city ballot content, followed by the appropriate water district ballot content, followed by the county's general election. Early Voting by Personal Appearance shall be conducted exclusively on Denton County's eSlate electronic voting system. On Election Day, voters shall have a choice between voting on the eSlate electronic voting system or by a paper ballot that is scanned at the polling place using Denton County's eScan voting system. Provisional ballots cast on election day will be cast on the eSlate electronic voting system or by a paper ballot that is scanned at the polling place using Denton County's eScan voting system. Page 3 of 8 The number of paper ballots printed for Election Day voting shall be, at a minimum, equal to the same Election Day turnout as in the last comparable election plus 25 percent of that number, with the final number of ballots ordered per polling place or precinct adjusted upward to end in a number divisible by 50. The Elections Administrator shall be responsible for the preparation, testing, and delivery of the voting equipment for the election as required by the Election Code. The Elections Administrator shall conduct criminal background checks on the relevant employees upon hiring as required by Election Code 129.051(g). VI. EARLY VOTING The participating authorities agree to conduct joint early voting and to appoint the Election Administrator as the Early Voting Clerk in accordance with Sections 31.097 and 271.006 of the Texas Election Code. Each participating authority agrees to appoint the Elections Administrator's permanent county employees as deputy early voting clerks. The participating authorities further agree that the Elections Administrator may appoint other deputy early voting clerks to assist in the conduct of early voting as necessary, and that these additional deputy early voting clerks shall be compensated at an hourly rate set by Denton County pursuant to Section 83.052 of the Texas Election Code. Deputy early voting clerks who are permanent employees of the Denton County Elections Administrator or any participating authority shall serve in that capacity without additional compensation. Early Voting by personal appearance will be held at the locations, dates, and times listed in Attachment "B" of this document. Any qualified voter of the Joint Election may vote early by personal appearance at any one of the joint early voting locations. As Early Voting Clerk, the Elections Administrator shall receive applications for early voting ballots to be voted by mail in accordance with Chapters 31 and 86 of the Texas Election Code. Any requests for early voting ballots to be voted by mail received by the participating authorities shall be forwarded immediately by fax or courier to the Elections Administrator for processing. The address of the Early Voting Clerk is as follows: Kerry Martin, Early Voting Clerk Denton County Elections PO Box 1720 Denton, TX 76202 The Elections Administrator shall post on the county website each participating authority's early voting report on a daily basis and a cumulative final early voting report following the close of early voting. In accordance with Section 87.121(g) of the Election Code, the daily reports showing the previous day's early voting activity will be posted to the county website no later than 8:00 a.m. each business day. VII. EARLY VOTING BALLOT BOARD Denton County shall appoint an Early Voting Ballot Board (EVBB) to process early voting results from the Joint Election. The Presiding Judge, with the assistance of the Elections Administrator, shall appoint two or more additional members to constitute the EVBB. The Elections Administrator shall determine the number of EVBB members required to efficiently process the early voting ballots. VIII. CENTRAL COUNTING STATION AND ELECTION RETURNS The Elections Administrator shall be responsible for establishing and operating the central counting station to receive and tabulate the voted ballots in accordance with the provisions of the Texas Election Code and of this agreement. The participating authorities hereby, in accordance with Section 127.002, 127.003, and 127.005 of the Texas Election Code, appoint the following central counting station officials: Page 4 of 8 Counting Station Manager: Kerry Martin, Denton County Deputy Elections Administrator Tabulation Supervisor: Brandy Grimes, Denton County Technical Operations Manager Presiding Judge: Alternate Judge: Paula Paschal, Denton County Contract Manager The counting station manager or his representative shall deliver timely cumulative reports of the election results as precincts report to the central counting station and are tabulated. The manager shall be responsible for releasing unofficial cumulative totals and precinct returns from the election to the joint participants, candidates, press, and general public by distribution of hard copies at the central counting station and by posting to the Denton County web site. To ensure the accuracy of reported election returns, results printed on the tapes produced by Denton County's voting equipment will not be released to the participating authorities at the remote collection sites or by phone from individual polling locations. The Elections Administrator will prepare the unofficial canvass reports that are necessary for compliance with Election Code Section 67.004, after all precincts have been counted and will deliver a copy of the unofficial canvass to each participating authority as soon as possible after all returns have been tabulated, via the website. Each participating authority shall be responsible for the official canvass of its respective election(s), and shall notify the Elections Administrator, or his designee, of the date of the canvass, no later than three days after Election Day. The Elections Administrator will prepare the electronic precinct -by -precinct results reports for uploading to the Secretary of State as required by Section 67.017 of the Election Code. The Elections Administrator agrees to upload these reports for each participating authority, unless requested otherwise. The Elections Administrator shall be responsible for conducting the post -election manual recount required by Section 127.201 of the Texas Election Code unless a waiver is granted by the Secretary of State. Notification and copies of the recount, if waiver is denied, will be provided to each participating authority and the Secretary of State's Office. IX. PARTICIPATING AUTHORITIES WITH TERRITORY OUTSIDE DENTON COUNTY The Elections Administrator shall administer only the Denton County portion of the elections held by the participating authorities. X. RUNOFF ELECTIONS Each participating authority shall have the option of extending the terms of this agreement through its runoff election, if applicable. In the event of such runoff election, the terms of this agreement shall automatically extend unless the participating authority notifies the Elections Administrator in writing within 3 business days of the original election. Each participating authority shall reserve the right to reduce the number of early voting locations and/or Election Day voting locations in a runoff election. If necessary, any voting changes made by a participating authority between the original election and the runoff election shall be submitted by the authority making the change to the United States Department of Justice for the preclearance required by the Federal Voting Rights Act of 1965, as amended. Each participating authority agrees to order any runoff election(s) at its meeting for canvassing the votes from the November 4, 2014 election and to conduct its drawing for ballot positions at or immediately following such meeting in order to expedite preparations for its runoff election. Each participating authority eligible to hold runoff elections agrees that the date of the runoff election, if necessary, shall be Tuesday, December 9, 2014, with early voting being held in accordance with the Election Code. Page 5 of 8 XI. ELECTION EXPENSES AND ALLOCATION OF COSTS The participating authorities agree to share the costs of polling places with Denton County. If a polling location is shared by more than one participating authority, the costs shall be pro -rated equally among the participants utilizing that polling place. Costs for Early Voting by Personal Appearance shall be allocated based upon the actual costs associated with each early voting site. Each participating authority shall be responsible for a pro-rata portion of the actual costs associated with the early voting sites located within their jurisdiction. Participating authorities that do not have a regular (non -temporary) early voting site within their jurisdiction shall pay a pro-rata portion of the nearest regular early voting site. Costs for Early Voting by Mail shall be allocated according to the actual number of ballots mailed to each participating authority's voters. Each participating authority agrees to pay the Denton County Elections Administrator an administrative fee equal to ten percent (10%) of its total billable costs in accordance with Section 31.100(d) of the Texas Election Code. The Denton County Elections Administrator shall deposit all funds payable under this contract into the appropriate fund(s) within the county treasury in accordance with Election Code Section 31.100. XII. WITHDRAWAL FROM CONTRACT DUE TO CANCELLATION OF ELECTION Any participating authority may withdraw from this agreement and the Joint Election should it cancel its election in accordance with Sections 2.051 - 2.053 of the Texas Election Code. XIII. RECORDS OF THE ELECTION The Elections Administrator is hereby appointed general custodian of the voted ballots and all records of the Joint Election as authorized by Section 271.010 of the Texas Election Code. Access to the election records shall be available to each participating authority as well as to the public in accordance with applicable provisions of the Texas Election Code and the Texas Public Information Act. The election records shall be stored at the offices of the Elections Administrator or at an alternate facility used for storage of county records. The Elections Administrator shall ensure that the records are maintained in an orderly manner so that the records are clearly identifiable and retrievable. Records of the election shall be retained and disposed of in accordance with the provisions of Section 66.058 of the Texas Election Code. If records of the election are involved in any pending election contest, investigation, litigation, or open records request, the Elections Administrator shall maintain the records until final resolution or until final judgment, whichever is applicable. It is the responsibility of each participating authority to bring to the attention of the Elections Administrator any notice of pending election contest, investigation, litigation or open records request which may be filed with the participating authority. XIV. RECOUNTS A recount may be obtained as provided by Title 13 of the Texas Election Code. By signing this document, the presiding officer of the contracting participating authority agrees that any recount shall take place at the offices of the Elections Administrator, and that the Elections Administrator shall serve as Recount Supervisor and the participating authority's official or employee who performs the duties of a secretary under the Texas Election Code shall serve as Recount Coordinator. The Elections Administrator agrees to provide advisory services to each participating authority as necessary to conduct a proper recount. Page 6 of 8 XV. MISCELLANEOUS PROVISIONS 1, It is understood that to the extent space is available, other districts and political subdivisions may wish to participate in the use of the County's election equipment and voting places, and it is agreed that the Elections Administrator may contract with such other districts or political subdivisions for such purposes and that in such event there may be an adjustment of the pro-rata share to be paid to the County by the participating authorities. The Elections Administrator shall file copies of this document with the Denton County Judge and the Denton County Auditor in accordance with Section 31.099 of the Texas Election Code. 3. Nothing in this contract prevents any party from taking appropriate legal action against any other party and/or other election personnel for a breach of this contract or a violation of the Texas Election Code. 4. This agreement shall be construed under and in accord with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. 5. In the event that one of 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 hereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 6. All parties shall comply with all applicable laws, ordinances, and codes of the State of Texas, all local governments, and any other entities with local jurisdiction. The waiver by any party of a breach of any provision of this agreement shall not operate as or be construed as a waiver of any subsequent breach. Any amendments of this agreement shall be of no effect unless in writing and signed by all parties hereto. XVI. COST ESTIMATES AND DEPOSIT OF FUNDS The total estimated obligation for each participating authority under the terms of this agreement is listed below. The exact amount of each participating authority's obligation under the terms of this agreement shall be calculated after the November 4, 2014 election (or runoff election, if applicable). The participating authority's obligation shall be paid to Denton County within 30 days after the receipt of the final invoice from the Denton County Elections Administrator, or his designee. The total estimated obligation and required deposit for each participating authority under the terms of this agreement shall be provided within 45 days after the last deadline for ordering an election: .................................. ...... . ---- --__............. _ ... ......... Estimated Political Subdivision Cost Town of Bartonville . Town of Cross Roads City of Dallas ................... Citv of Denton City of Fort Worth City of Frisco City of Lake Dallas Page 7 of 8 Rev. 09.11.2014, 10:32 am Page 8 of 8 r XVII. JOINT CONTRACT ACCEPTANCE AND APPROVAL IN TESTIMONY HEREOF, this agreement has been executed on behalf of the parties hereto as follows, to -wit: (1) 1t has on the day of ,, 2014 been executed by the Denton County Elections Adrrninistratoi . r, int to th � Texa s Election Code so authorizing; (2), It has on tlsc �� day a, �w_ 0,14 been executed on behalf of the City of Denton pursuant to an action of the City of Denton City Council so authorizing; ACCEPTED AND AGREED TO BY DENTON COUNTY ELECTIONS ADMINISTRATOR: APPROVED: �w .... ., ACCEPTED AND AGREED TO BY THE City of Denton., APPROVED: ATTESTED: M� o� w George C. Cai ipbel'I it MaT a'', Yr