1993-024C:\WPDOCS\ORD\COUNSTA.O
ORDINANCE NO. -23&&
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN AGREEMENT
BETWEEN THE CITY OF DENTON AND THE COUNTY OF DENTON FOR A CENTRAL
COUNTING STATION OF BALLOTS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton desires to conduct the annual
election to be held and conducted on the 1st day of May, 1993, by
using an electronic voting system and seeks the County of Denton's
assistance in operating a Central Counting station for counting
ballots; and
WHEREAS, the County of Denton is agreeable to operating a vote
tabulation system for the City of Denton; and
WHEREAS, the County of Denton and the City of Denton mutually
desire to be subject to the provisions of the Interlocal Coopera-
tion Act, V.T.C.A., Governmental Code Section 791.002 and contract
pursuant thereto; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the Mayor is hereby authorized to execute an
agreement between the City and the County of Denton providing for
a central counting station of ballots, a copy of such agreement
being attached hereto and incorporated by reference herein.
SECTION II. That this ordinance shall become effective
immediately upon its passage and approvyal./
PASSED AND APPROVED this the eJ~~day of
1993.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
!N
BY.'
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
ORIGINAL
INTERLOCAL COOPERATION AGREEMENT FOR A CENTRAL
COUNTING STATION OF BALLOTS
WHEREAS, the City of Denton, Texas and the County of Denton,
Texas are both local governments with the authority and power to
contract; and
WHEREAS, the City of Denton and the Denton Independent School
District have contracted to have their annual election of council-
members and trustees to be held jointly and conducted by the City
of Denton; and
WHEREAS, the City of Denton desires to conduct the annual
joint election to be held and conducted on the 1st day of May,
1993, (the joint election) by using an electronic voting system and
seeks the County of Denton's assistance in operating a Central
Counting Station for counting ballots; and
WHEREAS, the County of Denton is agreeable to operating a vote
tabulation system for the City of Denton; and
WHEREAS, the County of Denton and the City of Denton mutually
desire to be subject to the provisions of the Interlocal Coopera-
tion Act, V.T.C.A., Governmental Code Section 791.002 and contract
pursuant thereto;
NOW, THEREFORE, the County of Denton and City of Denton, for
the mutual consideration hereinafter stated, agree as follows:
1. Scope of Services.
Clerk
The Denton County _Eleetien-4edm,z-std agrees to establish a
Central Counting Station and administer the operation of the
Counting Station to tabulate the votes cast in the joint election
in accordance with the provisions of the Texas Election Code and as
outlined in this Agreement. The Denton County l~et3on ~,djn3f3sra- Clerk
-tor- also agrees to provide the necessary equipment for voting pur-
poses. All other matters associated with conducting the election
shall be the responsibility of the City of Denton and the Denton
Independent School District.
II. Electronic voting system.
The City of Denton agrees that voting for the joint election will
be by use of an electronic punch card voting system approved by the
Secretary of State in accordance with the Texas Election Code. The
Clerk Denton Countyd Eleet3en-A4mkn!-st-r Y will be responsible for the
preparation of programs and the testing of the electronic voting
system used for tabulating the ballots. The cost of supplies ne-
cessary to provide a complete system ready for operation, frames
if,
for the votomatics, programming and testing of equipment used at
the Central Counting Station, ballot boxes, locks, punch card
voting demonstrator units and other election equipment necessary
for the proper conduct of the election, and using the electronic
voting system for the election, will be determined by the Denton
C1erkC2untvVEbe-ctran-Administrator-and approved by the City of Denton.
The Denton County Election Administrator agrees to establish a
Central Counting Station to receive and tabulate the voted ballots
as outlined in Section IV of this Agreement.
III. Election Judges, Clerks and Other Election Personnel.
Clerk
The Denton County lectiam-Admir~istr-ata~ will arrange for the sel-
ection of a Tabulation supervisor and any other personnel necessary
for the efficient tabulation of ballots at the Central Counting
Station. The County of Denton personnel operating the central
counting station shall be fairly compensated in an amount fixed by
the County of Denton with the approval of the City of Denton from
current revenues available to the City of Denton. All other judges
and clerks necessary for the proper administration of the election
will be compensated by the City of Denton.
The parties hereto, in accordance with Sections 127.002, 127.003
and 127.005 of the Texas Election Code, appoint the following
Central Counting Station officials:
Manager - Tim Hodges or his designee
Denton County ~3t3exrnri~risti ate Clerk
Tabulation Supervisor - (appointed by the Denton County
_E4,e-ct3on- Artkm%mi~r) Clerk)
Presiding Judge - (appointed by the City of Denton)
IV. Returns of the Election.
Clerk
The Denton County Trl-eetien-Administrator will 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 complete con-
trol of the Central Counting Station will rest with the Manager of
the Central Counting Station, in accordance with Section 127.002 of
the Texas Election Code. Access to the Central Counting Station
shall be determined by the Manager of the Central Counting Station
and shall include but not be limited to the Manager of the Central
Counting Station, the Tabulation Supervisor, the Presiding Judge of
the Central Counting Station, the City Secretary, and any other
official as deemed necessary by the Manager of the Central Counting
station or as provided by law.
PAGE 2
The Manager or his representative will deliver timely cumulative
reports of the election results as precincts are tabulated. The
Manager will be responsible for releasing cumulative totals and
precinct returns from the election to the candidates, the press,
and general public. The Denton County VLBU-erc '_=-Department- will_glerk
prepare the unofficial canvass report after all precincts ha--a ve-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, but in no event later than 10:00 a.m. Monday, May
3, 1993.
VI. Run-Off Election.
If a run-off election becomes necessary for the City of Denton, the
run-off election will be held on Saturday, May 29, 1993. The
ClerkDent_on_C_ountyyF3eet-i-& kAdminiatrator will provide the same services
for this election as are to be provided for the May 1, 1993 elect-
ion.
VII. Liability.
The City of Denton agrees to and accepts full responsibility for
the acts, negligence, or omissions of all of the City of Denton's
employees, and agents, in performance of this agreement with the
County of Denton. The County of Denton agrees to and accepts full
responsibility for the acts, negligence, or omissions of all of the
County of Denton's employees, and agents, in performance of this
Agreement with the City of Denton. It is further agreed that if a
claim or liability shall arise from the joint or concurring neg-
ligence of both parties hereto, it shall be borne by them compar-
atively in accordance with the laws of the State of Texas. This
paragraph shall not be construed as a waiver by either party of any
defenses available to it under the laws of the State of Texas. It
is understood that it is not the intention of the parties hereto to
create liability for the benefit of third parties, but that this
Agreement shall be for the benefit of the parties hereto.
VIII. Governmental Function.
The fact that the County of Denton and the City of Denton accept
certain responsibilities under this agreement as a part of their
responsibility for providing for orderly elections in the County of
Denton and City of Denton makes it imperative that the performance
of these vital services be recognized as a governmental function
and that the doctrine of governmental immunity shall be, and it is
hereby invoked to the full extent possible under the law. Neither
the City of Denton nor the County of Denton waives or shall be
deemed hereby to waive, any immunity or defense that would other-
wise be available to it against claims arising from the exercise of
governmental functions.
PAGE 3
IX. Term.
The term of the Agreement shall be for a period of one (1) year
commencing as of February 1, 1993 and ending January 31, 1994.
Thereafter, this Agreement shall be automatically renewed for
successive additional one (1) year terms commencing on February 1
of each year unless the County of Denton or the City of Denton in
writing on or before the first day of January prior to a successive
term notifies the other party of its desire to terminate this
Agreement.
X. Miscellaneous Provisions.
A. This Agreement represents the entire and integrated agre-
ement between the City of Denton and the County of Denton and su-
persedes all prior negotiations, representations and/or agreements,
either written or oral. This Agreement may be amended only by
written instrument signed by both the City of Denton and the County
of Denton.
B. This Agreement and any of its terms or provisions, as well
as the rights and duties of the parties hereto, shall be governed
by the laws of the State of Texas.
C. In the event that any portion of this Agreement shall be
found to be contrary to law, it is the intent of the parties hereto
that the remaining portions shall remain valid and in full force
and effect to the extent possible.
D. The undersigned officers and/or agents of the parties
hereto are the properly authorized officials and have the necessary
authority to execute this Agreement on behalf of the parties here-
to, and each party hereby certifies to the other that any necessary
resolutions extending said authority have been duly passed and are
now in full force and effect.
.EXECUTED in duplicate originals this the gav-X~ day of
, 1993.
COUNTY OW DENTON, TEXAS CITY OF DENTON, TEXAS
COUNTY UDGE
Date:
- - 93
Actin
n behalf
a or
ity of the
Court
of Denton
C.
of an by the
Commissioners
County, Texas
Date:
Mitt em No.
O
PAGE 4
ATTEST:
By:
Denton County Clerk
APPROVED AS FORM:
✓1(,6 v LCP - Z-)"
Assistant District Attorn=xy/
7
ACCOOOA3
ATTEST:
By:
ty a etary
APPROVED AS TO FORM:
CITY ATTORNEY
By: Z1 Ln01L
PAGE 5
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