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1998-336AN 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 NOVEMBER 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 Admlmstrator to perform those services in accordance with Tex Elec Code §31 093, and WHEREAS, on September l, 1998, the City Council passed Ordinance No 98-260 calling an eleet~on 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 alcohohc beverages and to return these hours to standard hours, and WHEREAS, the City Council deems tt In the pubhc interest to enter into a Contract for Election Services with Jeff D Watson, the Elections Administrator of Denton County to perform vinous eleet~on functions and services for the City ~n holding fins election at an estimated cost of $13,714 04 and m accordance w~th 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 Eleeuons Adm~mstrator of Denton County to perform the election serwces set forth in the attached Contract for Election Services, wluch is made a part of thts ordinance as ff written word for word hereto, to furmsh electron servtees for the November 3, 1998 elecuon 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 retum 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 AdmImstrator of Denton County, Texas, pursuant to the authority of Tex Elec Code §§31 091, 31 092, and 31 093 to perform certain election services and to provide certarn eqmpment for the holding of the November 3, 1998 election to determine whether the extended hours for alcohohc beverages will be repealed by enacting a standard hours for aleohohc beverages ordinance, and all previous actions taken by Jeff D Watson, the City Secretary, tho City Manager, or any other election officials under this Contract or concemmg the November 3, 1998 elecUon are hereby ratified and approved 2 SECTION III That the C~ty Manager ~s authorized to make the expenditures as prowded in the attached Contract SECTION IV. That this ordinance shall become effective immediately upon its passage and approval /,fl ~'~'~ ~ .1998 PASSED AND APPROVED this the day of JACKER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPI~VED AS TO LEGAL FORM HERBERT L PROUTY, CITY~.~ORNEY 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 Eleet~ons Administrator of Denton County, Texas, hereinafter referred to as "Contracting Officer," pursuant to the authority of Section 31 091, of the Texas Elect~on Code, agree to the following particulars in regard to coorchnatlon, superwslon and running of the C~ty's November 3, 1998, Specml Election THIS AGREEMENT is entered into m 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 follovnng duties and shall furnish the £ollowmg services and eqmpment A The Contracting Officer shall provide all hsts of registered voters required for use on election day and for the early voting period reqmred by law The election day hst of registered voters shall be arranged ~n alphabetical order by polhng place ~n heu of alphabetxc by each precinct ~n each polhng place B The Contracting Officer shall procure and arrange for the distribution of all election eqmpment and supphes required to hold an elect~on as required by contracting authority 1 Equipment mcludes the rental of voting and demonstrator machines, ballot boxes, transfer cases, voting s~gns, directional poles and tote boxes 2 Supphes ~nclude pens, tape, markers, etc C Application for mml ballots erroneously mmled to the ctty shall ~mmed~ately be fixed to the county for ttmely processing D The Contracting Officer shall be responsible for estabhsh~ng and operating the Central Counting Station to receive and tabulate the voted ballots an accordance w~th Section 127 000 of the Elect~on Code and of th~s agreement CounUng Station Manager shall be Jeff Watson Central Count Judge shall be George Spuller The Tabulation Supervisor and Tabulation Operator shall be prowded by the Denton County Elect~ons Adm~mstration Office and pa~d as a contract expense , 1 The tabulation supervisor shall prepare, test and mn the county's tabulation system in accordance w~th statutory reqmrements and county pohc~es, under the auspices of the Contracting Officer 2 The Public Logic and Accuracy Test of the electromc voting system shall be conducted on Wednesday, October 28, 1998, at 10 00 AM, by the Contracting Officer 3 Election mght reports w~ll be avmlable to the City at the Central Counting Station on elect~on night 4 The Contracting Officer shall prepare the unoffimal canvass report after all precincts have been counted, and w~ll prowde a copy of the unofficml canvass to the City as soon as possible after all returns have been tallied 5 The Contractmg Officer shall be appmnted the custodian of the voted ballots and shall retmn all elect~on material for a period of 60 days I Pending no lmgatlon and as prescribed by law, the voted and unused ballots shall be shredded 60 days after the elect~on 2 The C~ty can obtain the list of registered voters from the Elect~ons Adm~mstrat~on Office after th~s 60-day retentmn period Pending no ht~gat~on and if the C~ty does not request the lists, the Contracting Officer shall destroy them 90 days after the election II Duties and Services of the City. The C~ty shall assume the following responsibilities A The C~ty shall prepare the elect~on orders, resolutions, notices, justice department submissions, officml canvass and other pertinent documents for adoption by the appropriate office or body 1 The City shall pubhsh and post the Not,ce of the Pubhc Logtc and Accuracy Test of the electromc voting system and one press release The Contracting Officer shall prepare a certification of tabulation and an unoffimal "canvass report" that will assist the C~ty w~th the official canvass 2 The C~ty assumes the respons~b~hty of posting all notices and hkew~se promoting the schedules for Early Voting and Election Day B The City shall arrange and order the necessary ballots for the November 3 elect~on The C~ty shall procure and provide the Contractmg Officer with the ballot layout and Spanish interpretation 0fnecessary) C The C~ty shall post the publlcat~on of elect~on notme by the proper methods w~th the proper med~a D The City shall prepare and submit to the U S Department of Justice under the Federal Voting Pdghts act of 1965, any reqmred submissions on voting changes E The City shall compensate the Contracting Officer for any additional cost recurred in the process of running this election or for a m-count this election may require F The City shall pay the Contracting Officer 100% of the actual cost to run plus the 10% admlmstratlve 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 functmn is to be earned out, or any nontransferable functions specified under Sectmn 31 096 of the Texas Election Code B Upon request, the Contracting Officer will provide copies of all invoices and other charges received in the process of running smd 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 Election D The Contracting Officer shall file copies of this contract with the County Auditor of Denton County, Texas WITNESS BY MY HAND THIS THE /~ ~DAYOF ~_j)~Ja*4P' 1998 jeff V~j~p- v Elecji'orfs Administrator Denton County, Texas WITNESS BY MY HAND THIS THE/.~~b/''dDAY OF ~,1998 City Mana~[~r City of Denton, Texas ATTEST JENNiFER WALTERS, CITY SECRETARY At~V~D A~S TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY