2012-173s:llegallour documentslordinances112\bond election.docx
ORDINANCE NO. 2� 12-173
AN ORDINANCE OF THE CITY COUNCII, OF THE CITY OF DENTON, TEXAS, CALLING AN
ELECTION TO BE HELD ON NOVEMBER 6, 2012, WITHIN SAID CITY ON THE QUESTION OF
THE ISSUANCE OF $20,400,000 IN AD VALOREM TAX SUPPORTED PUBLIC SECURITIES FOR
STREET AND RELATED PUBLIC ART IlVIPROVEMENTS; 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 a proposition 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 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 COUNCII, OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The statements contained in the preamble to this ordinance are hereby adopted as
iindings 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 6, 2012 in the City, for the purpose of submitting to the voters of the City a ballot proposition
that authorizes the issuance of public securities supported by ad valorem taxes, at the polling places
designated by the Denton County Elections Administrator (the "Elections Administ�•ator") in accordance
with the provisions of a joint election agreement and contract for election services with the Elections
Administrator (the "Contract"), which the City Manager or Assistant City Manager is hereby authorized
to execute in the name of said City. The locations of such polling places are set forth in E�iibit A
attached hereto. E�ibit A shall be modified to include additional or different election day polling places
designated by the Elections Administrator and to conform to the Contract.
SECTION 3. That all the election officers designated by the Elections Administrator are hereby
appointed and coniirmed to hold said election at said polling places.
SECTION 4, That, as determined by the Elections Administrator, the presiding judges shall
appoint not less than two nor more than iive qualified election clerks to serve and assist in conducting
said election; providing that if the presiding judge actually serves as expected, the alternate presiding
judge shall be one of such clerks.
SECTION 5. That early voting shall be conducted by personal appearance at the locations, dates
and times set forth in E�chibit B attached hereto and during the period early voting is required or permitted
by law, being October 22, 2012 through November 2, 2012. E�ibit B shall be modified to include
additional or different early voting locations designated by the Elections Administrator and to conform to
the Contract. Applications for ballot by mail must be received no later than the close of business on
October 30, 2012. Applications for early voting by mail must be submitted to the following address:
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Frank Phillips
Elections Administrator
401 W. Hickory, Suite 125
Denton, Texas 76201-9026
SECTION 6. That an early ballot board is hereby created to process early voting results, and the
individual designated by the Elections Administrator is hereby appointed the presiding judge of said
board. The presiding judge shall appoint at least two other members of the board.
SECTION 7. The method of voting in said election shall be by ballots that conform to the
requirements of the Texas Election Code. An electronic voting system, using optically scanned ballots
meeting the requirements of Chapter 124 of the Texas Election Code, inay be used for the election.
Preparation of the necessary equipment and official ballots for the election shall confonn to the
requirements of the Texas Election Code.
SECTION 8. All resident, qualiiied electors of said City shall be entitled to vote at said election.
SECTION 9. A substantial copy of this ordinance shall serve as proper notice of the Election,
which notice shall be given by posting substantial copies of this ordinance in both English and Spanish on
the bulletin board at the City Hall of the City used for the posting of notices of ineetings of the City
Council of the City and at three (3) other public places within the City not later than the twenty-first
(21 st) day prior to the date upon which the Election is to be held; and substantial copies of this ordinance
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 %rst publication to be not less than seventeen
(17) days nor more than thirty (30) days prior to the date of the Election.
SECTION 10. The City Secretary, City of Denton, is hereby responsible for any necessary
submissions to the U.S. Department of Justice for preclearance of said election under the Federal Voting
Rights Act.
SECTION 11. At said election the following PROPOSITION 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
$20,400,000, 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 malcing iinprovements 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, street lighting and median improvements; up to $400,000 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 for the foregoing; and improveinents
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?
Page 2
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SECTION 12. The official ballots for said election shall be prepared in accordance with the
Texas Election 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:
PROPOSITION NO. 1
FOR
THE ISSUANCE OF $20,400,000 OF PUBLIC
SECURITIES FOR STREET IMPROVEMENTS WITH
UP TO $400,000 OF SUCH AMOUNT FOR
RELATED PUBLIC ART IMPROVEMENTS
AGAINST
SECTION 13. 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 14. 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 $134,339,700 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 15. That in all respects said election shall be conducted in accordance with the Texas
Election Code. The City Secretary is authorized to prepare the official ballot for the election and perform
every act required by the City Charter, the laws of the State of Texas and all other applicable laws for
holding elections.
SECTION 16. This ordinance hereby incorporates the provisions of the Contract, and to the
extent of any conflict between this ordinance and the Contract, the provisions of the Contract shall
control. The City Manager and Assistant City Manager are each hereby authorized to correct, modify or
change the information in the attached E�ibits based upon the imal 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 17. 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 18. This ordinance shall become effective immediately upon its passage and approval.
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PASSED AND APPROVED this the %�� day of ��/�(�,� , 2012.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY
AP OVED S TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: �
MARK A'�i�JGHS��IAYOR
� �� �� � .� %� �
:• i • •�
Page 4
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EXHBIT A
ELECTION DAY POLLING PLACES
Denton Christian Church Copper Creek Baptist Church
3130 N. Elm, Denton, Texas 4582 Fishtrap Rd., Denton, Texas
Precinct No. 1009 Precinct No. 1010
Fire Station #4
2110 Sherman Drive, Denton, Texas
Precinct No. 1012
Denia Recreation Center
1001 Parvin, Denton, Texas
Precinct No. 4004
First Baptist Church of Denton
1100 Malone, Denton, Texas
Precinct No. 4007
McMath Middle School
1900 Jason, Denton, Texas
Precinct Nos. 1014, 1015, 4014, 4015
Carriage House Assisted Living
1357 Bernard St., Denton, Texas
Precinct Nos. 4008, 4013
Sizlging Oaks Church of Christ
101 Cardinal, Denton, Texas
Precinct No. 1013
North Lakes Rec. Center
2001 W. Windsor Dr., Denton, Texas
Precinct No. 4005
Martin Luther King Jr. Rec. Center
1300 Wilson, Denton, Texas
Precinct No. 4011
Southmont Baptist Church
2801 Pennsylvania Dr., Denton, Texas
Precinct Nos. 1016, 1017, 1018
Denton Civic Center
321 E. McKinney, Denton, Texas
Precinct Nos. 4009, 4010
Towne North Baptist Church
526 Hercules, Denton, Texas
Precinct No. 1011
Robson Ranch
9400 Ed Robson Blvd., Denton, Texas
Precinct No. 4003
Trinity Presbyterian
2200 N. Bell, Denton, Texas
Precinct No. 4006
Pecan Creek Elementary
4400 Lalceview Blvd., Denton, Texas
Precinct No. 4012
Guyer High School
7501 Teasley Lane, Denton, Texas
Precinct No. 1019, 4016
s:llegallour documentslordinances112\bond election.docx
EXHIBIT B
EARLY VOTING SITES AND HOURS
The following early voting locations will be open the dates and times listed:
Monday—Friday October 22-26 8am—Spm
Saturday October 27 7am-7pm
Sunday October 28 lpm�pm
Monday—Friday October 29—November 2 7am-7pm
Steven E Coueland Government Center Lewisville Municipal Annex
1400 FM 424, Cross Roads 1197 W. Main Street, Lewisville
Justin Municipal Complex
415 N. College, Justin
Joseph A. Carroll Administration Buildin¢
401 W. Hickory, Denton
Lake Dallas Citv Hall
212 Main Street, Lake Dallas
Flower Mound Police and Municipal Court Building
4150 Kirkpatrick, Flower Mound
Denton Countv Administrative Complex — Health Department
535 S Loop 288, Denton
Carrollton Public Librarv
4220 N, .Tosey, Carrollton
Frankford Town Homes
18110 Marsh Ln., Dallas
Hi�hland Villa�e Municipal Complex
1000 Highland Village Rd., Highland Village
ArEVIe Town Hall
308 Denton St., Argyle
Frisco Fire Station #7
330 W Stonebrook Pkwy., Frisco
The following early voting locations will ONLYbe open the dates and times listed:
Svore Municipal BuildinQ Monday — Friday October 22 — 26 8am — Spm
100 Municipal Drive, Trophy Club Saturday October 27 7am — 7pm
Monday — Friday October 29 — November 2 7am — 7pm
Christ Communitv Church
6404 Paige Rd., The Colony
First Baptist Church of San�er
708 S. Sth St., Sanger
First Baptist Church of Roanoke
209 N. Pine, Roanoke
Corinth Citv Hall
3300 Corinth Pkwy., Corinth
Monday — Friday
Saturday
Monday — Tuesday
Wednesday
Thursday — Friday
Monday — Friday
Saturday
Monday — Tuesday
Wednesday
Thursday — Friday
Monday — Friday
Saturday
Monday — Tuesday
Wednesday
Thursday — Friday
Monday — Tuesday
Thursday — Friday
Saturday
Sunday
Monday — Wednesday
Thursday
Friday
October 22 — 26
October 27
October 29 — 30
October 31
November 1 - 2
October 22 — 26
October 27
October 29 — 30
October 31
November 1 - 2
October 22 — 26
October 27
October 29 — 30
October 31
November 1 - 2
October 22 — 23
October 25 — 26
October 27
October 28
October 29 — 31
November 1
November 2
8am — Spm
7am — 7pm
7am — 7pm
7am — Spm
7am — 7pm
8am — Spm
7am — 7pm
7am — 7pm
7am — Spm
7am — 7pm
8am — 5pm
7am — 7pm
7am — 7pm
7am — Spm
7am — 7pm
8am — Spm
8am — Spm
7am — 7pm
1 pm — 6pm
7am — 7pm
7am — Spm
7am — 7pm
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:
City of Aubrey
City of Dallas
City of Denton
City of Frisco
City of Justin
Town of Prosper
City of Sanger
Town of Trophy Club
Northwest Independent School District
Belmont Fresh Water Supply District No. 1
Belmont Fresh Water Supply District No. 2
Canyon Falls MUD 1
Canyon Falls WCID 2
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 6, 2012 election to be administered by Frank Phillips, Denton County Elections
Administrator, hereinafter referred to as "Elections Administrator."
RECITALS
Each participating authority listed above plans to hold a Special Election on November 6, 2012.
Denton County plans to hold c�unty-wide voting for a General 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, ser�ices, 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 joint election
agreements and 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.
Page 1 of 8
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
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 electronic 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.
The Elections Administrator shall prepare a submission, on behalf of all participating authorities, to the United
States Department of Justice for preclearance of the joint election procedures and polling places, pursuant to the Voting
Rights Act of 1965, as amended. The Elections Administrator will provide to each participating authority a photocopy of
the joint submission and any correspondence from the Department of Justice.
The joint submission prepared by the Elections Administrator will not include submission of information for any
special elections held by the participating authorities. Participating authorities are hereby notified and encouraged to
prepare their own submissions to the United States Department of Justice for special election procedures, or any changes
that are specific to their own political subdivision.
By signing this agreement, each participating authority certifies that it has no unresolved preclearance or
voting rights issues known to it that would preclude or delay Department of Justice preclearance of the joint
election.
The Elections Administrator will file an amended submission to the United States Department of Justice in the
event that any polling places are changed after the original submission is filed, including changes resulting from the
withdrawal of one or more participating authorities pursuant to Section XII of this contract.
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 appro�al 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 6, 2012 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 6, 2012 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 6, 2012 election. This notice shall be
written in both the English and Spanish languages.
Page 2 of 8
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 (�luent 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 2000 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.
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 prior to Election Day and for returning the supplies and equipment to the central counting
station after the polls close.
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.
Page 3 of 8
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, unless the size of the ballot forces
it to two pages, then they will only have use of the eSlate electronic voting system.
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:
Frank Phillips, Early Voting Clerk
Denton County Elections
PO Box 1720
Denton, TX 76202
The Elections Administrator shall provide each participating authority a copy of the early voting report on a daily
basis and a cumulative final early voting report following the election. In accordance with Section 87.121(g) of the
Page 4 of 8
Election Code, the daily reports showing the previous day's early voting activity will be distributed to each participating
authority no later than 9:00 AM each business day. This will be accomplished by Denton County posting the daily reports
on its website.
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:
Counting Station Manager: Frank Phillips, Denton County Elections Administrator
Tabulation Supervisor: Eric Leija, Denton County Technical Operations Manager
Presiding Judge: Jason Barnett, Denton County Deputy Elections Administrator
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 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. 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. Each participating authority agrees to upload
these repo�ts 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.
Page 5 of 8
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 6, 2012 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 Saturday, December 8, 2011.
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.
Page 6 of 8
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.
XV. MISCELLANEOUS PROVISIONS
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.
2. 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 �f 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.
7. 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.
8. 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.
Each participating authority agrees to pay the Denton County Elections Administrator a deposit of approximately 90% of
this estimated obligation no later than 15 days after the agreement is executed. The exact amount of each participating
Page 7 of 8
authority's obligation under the terms of this agreement shall be calculated after the November 6, 2012 election (or runoff
election, if applicable), and if the amount of an authority's total obligation exceeds the amount deposited, the authority
shall pay to the Elections Administrator the balance due within 30 days after the receipt of the final invoice from the
Elections Administrator. However, if the amount of the authority's total obligation is less than the amount deposited, the
Elections Administrator shall refund to the authority the excess amount paid within 30 days after the final costs are
calculated.
The total estimated obligation and required deposit for each participating authority under the terms of this agreement shall
be as follows
Estimated Deposit
Political Subdivision Cost Due
Cit of Aubre $5,709,77 $5,138.79
Cit of Dallas $7,650.84 $6,885.76
Cit of Denton $29,468.74 $26,521.86
Cit of Frisco $12,206.44 $10,985.79
Cit of Justin $2,780.99 $2,502.89
Town of Pros er $4,055.75 $3,650.18
Cit of San er $5,314.76 $4,783,28
Town of Troph Club $5,373.20 $4,835.88
Northwest ISD $6,588.04 $5,929.24
Belmont FWSD 1 $2,569.83 $2,312.84
Belmont FWSD 2 $2,572.68 $2,315.41
Can on Falls MUD 1 $4,524.89 $4,072.40
Can on Falls WCID 2 $2,563.95 $2,307.56
Rev. 09.26.2012, 12:05 pm
Page 8 of 8
Election Costs
Early Voting by Personal Appeara.
EVPA Polling Place(s)
Early Voting Ballot Board Personnel
Early Voting by Mail (EVNn Expe
EVM Ballots (cost per thousand)
EVM Ballot Postage
Election Day (ED) Expenses:
Ballots (cost per thousand)
Polling place rentaUcustodial
ivery of Equipment
ieral Expenses of the Election:
;raming eScan/eSlate per Election
tage for DOJ
al Notices
rksheet Total Exnense
Election Total
Election Service Fee
Election Total Cost
Deposit (90%)
Salance Due
10/2/2012
Denton County Elections Conlxact Worksheet
City of Denton - November 6, 2012
Units Cost Per Unit Estimated
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Estimated
$26,789.76
$2,678.98
$29,468.74
$26,521.86
$29,468.74
44.00
10.00
335.00
1.10
10.00
335.00
0.00
80.00
400.00
5.00
�0.00
$0.00
$0.00
$0.00
$29,468.74
395.00
832.50
13.40
44.00
358.50
900.80
0.00
840.00
400.00
0.71
789.76
Ck #/Date Received
1
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) It has on the �lu'day of d�'` , 2012 been executed by the Denton County Elections
Administrator pursuant to the Texas lection Code so authorizing;
(2) It has on the �� day of 012 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:
FRANK PHILLIPS
ACCEPTED AND AGREED TO BY THE City of Denton:
APPROVED:
,�-� -3 ._�_.
City Manager
ATTESTED:
�
it Secreta