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whether the extended hours for alcohohc beverages will be repealed by enacting a standard hours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