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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: s:llegal\our documentslordinances\12\bond election.docx 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 s:llegallour documents\ordinances\12\bond election.docx 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. Page 3 s:llegallour documentslordinances\121bond election.docx 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 s:\legallour documentslordivances\1216ond election.docx 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 � � � � � � � � � � � � � 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