2013-055s:llegallour documentslordinances113\election ordinance for gas utiliTy.doc
o��rralvc� No. 2013-055
AN ORDINANCE ORDERING AN ELECTION TO L�E HELD ON MAY 1 l, 2013 FOR THE
PURPOSE OF SUBMITTING TO THE REGISTERED VOTERS OF DENTON, TEXAS A
PROPO5ITION ALLOWING THE CITY OF DENTON TO OWN, ACQUIRE, CONSTRUCT,
MAINTAIN, AND OPERATE A GAS UTILITY IN THAT AREA OF THE CITY NEAR THE
AIRPORT INDUSTRIAL PARK AND MORE SPEC.�FICALLY DESCRIBED 1N EXHIBITS
"A" AND "B" ATTACHED HERET� AND 1NCORPORATED HEREIN, FOR THE
PURPOSE OF PROVIDING GAS UTILITY SERVICES TO NON-RESIDENTIAL
CUSTOMERS; PRESCRIBING THE TIME AND MANNER OF THE CONDUCT OF THE
ELECTION TO BE 1N ACCORDANCE WITH AN AGREEMENT WITH DENTON
COUNTY; PRESCRIBING THE FORM OF THE �ALLOT; PROVIDING FOR NOTICE;
PROVIDING FOR PUBLICATION OF NOTICE OF THIS ELECTION; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING AN OPEN MEETINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Denton City Charter, Section 12.01 provides that the City of Denton
may own, acquire, construct, maintain, and operate a public utility which was not owned and
operated by the City on the effective date of the ad�ption of the City's Home Rule Charter,
February 24, 1959, upon the approval of a majority of tne qualified voters of the City; and
WHEREAS, the City of Denton did not own and operate a gas utility on the referenced
date; and
WHEREAS, the City of Denton has experience.d difficulty recruiting businesses into the
Airport Industrial Park area due to the lack of gas infra�tructure; and
WHEREAS, in the 82"d Legislative Session, tY�e Texas Legislature enacted Local Gov't
Code, Section 552.913 in support the City of Denton's efforts to implement a Combined Heat
and Power Economic Development District (CHP-EDD) in an area near the Airport Industrial
Park, which legislation allows the City of Denton to own and operate a gas utility for certain
purposes and in a limited area of the City; and
WHEREAS, the City Council enacted Ordinance No. 2012-044 on February 21, 2012,
thereby creating a CHP-EDD, under the terms of Local Gov't Code, Section 552.913, and
designating and describing the boundaries of the District; and
WHEREAS, the City Council has determined it is in the best interests of the City of
Denton to call an election to allow the voters to determine whether they desire that the City own
and operate a gas utility in the industrial area near the City of Denton airport, which location is
more particularly described in Exhibits "A" and "B", attached hereto and incorporated herein, for
the purpose of providing gas utility services to non-resideritial customers; and
WHEREAS, the City Council determines to utilize authority granted to the City by the
electorate to become a gas utility in this limited area of the City and for this limited purpose in
s:\legallour documents\ordinances\13\election ordinance for gas utility.doc
the event other gas providers elect to not extend service into the area in a timely, cost effective,
or comprehensive manner as determined in the sole discretion of the City of Denton; and
WHEREAS, the City Council finds that the proposed election is in the public interest and
that the ballot proposition does not contain more than one subject; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The preamble to this Ordinance is incorporated by reference and adopted
as though set forth in full in the body of this Ordinance.
SECTION 2. In accordance with the provisions of the Denton City Charter, Section
12.01, there shall be submitted to the voters of the City of Denton, Texas, at an election to be
held on May 11, 2013, the following proposition:
PROPOSITION
SHALL THE CITY OF DENTON BE ALLOWED TO OWN, ACQUIRE, CONSTRUCT,
MAINTAIN, AND OPERATE A GAS LTTILITY IN ORDER TO PROVIDE GAS UTILITY
SERVICES TO NON-RESIDENTIAL CUSTOMERS IN THAT AREA OF THE CITY NEAR
THE AIRPORT INDUSTRIAL PARK AND BOUNDED BY THE EMBRACEMENT OF C.
WOLFE ROAD, JIM CHRISTAL ROAD, THOMAS J. EGAN ROAD, U.S. HIGHWAY 380,
1NTERSTATE HIGHWAY 35, 1NTERSTATE HIGHWAY 35 WEST, JOHN PAINE ROAD,
F.M. HIGHWAY 2449, AND TOM COLE ROAD.
YES NO
SECTION 3. The election and early voting shall be conducted with the general election
being held on May 11, 2013 and at the time and in the manner specified in an agreement between
Denton County and the City of Denton regarding election processes and practices.
SECTION 4. The election sha11 be held under the authority of the Charter of the City of
Denton, the Constitution and the laws of the State of Texas, and the Voting Rights Act of 1965,
as amended, insofar as they may be applicable.
SECTION 5. This Ordinance shall constitute the order and may serve as notice of the
election and shall be published and noticed in accordance with all applicable laws.
SECTION 6. The caption of this Ordinance shall be published in a newspaper of general
circulation in the City of Denton, in compliance with the provisions of law. Further, this
Ordinance may be published in pamphlet form and shall be admissible in such form in any court,
as provided by law.
SECTION 7. If any section; subsection, paragraph, sentence, clause, phrase, or word in
this Ordinance, or application thereof to any person or circumstance, is held to be
unconstitutional, such holding shall not affect the v�lidity of the remaining portions of this
Page 2
s:Uegallour documentslordinances1131e(ection ordinance for gas utility.doc
Ordinance and the City Council of the City of Denton hereby declares that they would have
enacted such remaining portions despite any such invalidity.
SECTION 8. The City Council has found and determined that the meeting at which this
Ordinance is considered is open to the public and that notice thereof was given in accordance
with the provisions of the Texas Open Meetings law, Tex. Gov't Code, ch. 551, as amended, and
that a quorum of the City Council was present.
SECTION 9. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the ��� day of �;���GG�l1�f�1i� , 2013.
,
MA A. ' OU S, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
,
BY:
APPR ED AS LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
��7�,
BY: �V1 � .�-� i.l-� �
Page 3
"EXHIBIT A"
BEING a tract of land located in Denton County, Texas described as follows:
BEGINNING at the intersection of the centerlines of C. Wolfe Road and Jim Christal Road;
THENCE easterly with the centerline of Jim Christal Road to a point being the intersecting centerline of
Thomas J. Egan Road;
THENCE northwesterly with the centerline of Thomas J. Egan Road to a point being the intersecting
centerline of U.S. Highway 380;
THENCE easterly with the centerline of U.S. Highway 38G to a point being the intersecting centerline of
Interstate Highway 35;
THENCE southeasterly with the centerline of Interstate Highway 35 to a point being the intersecting
centerline of Interstate Highway 35 West;
THENCE southwesterly with the centerline of Interstate Highway 35 West to a point being the
intersecting centerline of John Paine Road;
THENCE northerly with the centerline of John Paine Road to a point being the intersecting centerline of
F.M. Highway 2449;
THENCE westerly with the centerline of F.M. Highway 2449 to a point being the intersecting centerline
of C. Wolfe Road;
THENCE northerly with the centerline of C. Wolfe Road to a point being the intersecting centerline of
Tom Cole Road;
THENCE westerly with the centerline of Tom Cole Road to a point being the intersecting centerline of
C. Wolfe Road;
THENCE northerly with the centerline of C. Wolfe Road to the POINT OF BEGINNING.
Page 1 of 1
EXHIBIT "B"
Proposed Natural Gas Service Area
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:
Town of Argyle
Town of Bartonville
City of Celina
City of Corinth
Town of Cross Roads
City of Denton
Town of Flower Mound
City of Frisco
Town of Hackberry
City of Justin
City of Krugerville
City of Krum
City of Lewisville
Town of Little Elm
Town of Northlake
City of Oak Point
City of Pilot Point
City of Plano
Town of Prosper
City of Sanger
Town of Shady Shores
Town of Trophy Club
Town of Westlake
Argyle Independent School District
Denton Independent School District
Lake Dallas Independent School District
Lewisville Independent School District
Little Elm Independent School District
Northwest Independent School District
Prosper Independent School District
Belmont Fresh Water Supply District No. 1
Belmont Fresh Water Supply District No. 2
Collin College
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 May 11, 2013 election to be administered by Frank Phillips, Denton County Elections
Administrator, hereinafter referred to as "Elections Administrator."
RECI TAL S
Each participating authority listed above plans to hold a general and/or special election on May 11, 2013.
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 and 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, services, 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.
Page 1 of 10
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. 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
event that any polling places are changed after the original submission is filed, includin
withdrawal of one or more participating authorities pursuant to Section XII of this contract.
III. VOTING LOCATIONS
Department of Justice in the
g changes resulting from the
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 each participating city, 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 that a voting location is not available or appropriate, the Elections
Administrator will arrange for use of an alternate location with the approval 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 May 11, 2013 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 May 11, 2013 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 May 11, 2013 election. This notice shall be written in both the English
and Spanish languages.
Page 2 of 10
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 (fluent in both English and Spanish). In compliance with the Federal Voting Rights Act of
1965, as amended, each polling place containing more than 5°/a Hispanic population as determined by the 2010 Census
shall have one or more election official who is 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 per 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 as members 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, 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. 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 10
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
baliot (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 and 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 in the following order: Independent School District, City, Water District(s), and other political
subdivisions.
Early Voting by Personal Appearance and voting on Election Day shall be conducted exclusively on Denton
County's eSlate electronic voting system.
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 relevant employees upon hiring as
required by Election Code Section 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 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 for the Denton County Early Voting Clerk is:
Frank Phillips, Early Voting Clerk
Denton County Elections
PO Box 1720
Denton, TX 76202
Any requests for early voting ballots to be voted by mail, and the subsequent actual voted ballots, that are sent by
a contract carrier (ie. UPS, FedEx, etc.) should be delivered to the Early Voting Clerk at the Denton County Elections
Department physical address as follows:
Frank Phillips, Early Voting Clerk
Denton County Elections
701 Kimberly Drive, Suite A101
Denton, TX 76208
Page 4 of 10
In accordance with Section 87.121(g) of the Election Code, the daily reports showing the previous day's early
voting activity will be available the following business day. The Elections Administrator shall post on the county website
each participating authority's early voting report on a daily basis and a cumulative final early voting report following the
ciose of early voting.
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 additionai
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 Sections 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, Deputy Elections Administrator
Alternate Judge: Paula Paschal, Contract Manager
The counting station manager or his representative shall deliver timely cumulative reports of the election results
as precincts report to the central and remote counting stations 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. The Elections Administrator will include the tabulation and precinct-by-precinct results that are required by
Texas Election Code Section 67.004 for the participating entities to conduct their respective canvasses. Each
participating authority shall be responsible for the official canvass of its respective election(s), and shall notify the
Elections Administrator, or his designee, no later than three days after Election Day of the date of the canvass.
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. The Elections Administrator agrees to upload
these reports for each participating authority, 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.
Page 5 of 10
IX. PARTICIPATING AUTHORITIES WITH TERRITORY OUTSIDE DENTON COUNTY
Denton County Elections will consider conducting elections in territories outside of Denton County on a case-by-
case basis.
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
May 11, 2013 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, June 15, 2013. This date may be negotiable based on the Secretary of State's calendar for
elections in 2013.
XI. ELECTION EXPENSES AND ALLOCATION OF COSTS
The participating authorities agree to share the costs of administering the Joint Election. Allocation of costs,
unless specifically stated otherwise, is mutually agreed to be shared according to a formula which is based on the
average cost per election day polling place (unit cost) as determined by adding together the overall expenses and dividing
the expenses equally among the total number of polling places. Costs for polling places shared by more than one
participating authority shall be pro-rated equally among the participants utilizing that polling place.
It is agreed that charges for Election Day judges and clerks and Election Day polling place rental fees shall be
directly charged to the appropriate participating authority rather than averaging those costs among all participants.
If a participating authority's election is conducted at more than one election day polling place, there shall be no
charges or fees allocated to the participating authority for the cost of election day polling places in which the authority has
fewer than 50% of the total registered voters served by that polling place, except that if the number of registered voters in
all of the authority's polling places is less than the 50% threshold, the participating authority shall pay a pro-rata share of
the costs associated with the polling place where it has the greatest number of registered voters.
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 al�ocated 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.
Page 6 of 10
The Denton County Elections Administrator reserves the right to adjust the above formulas in agreement with any
individual jurisdiction if the above formula results in a cost allocation that is inequitable.
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.
The withdrawing authority is fully liable for any expenses incurred by the Denton County Elections Administrator
on behalf of the authority plus an administrative fee of ten percent (10%) of such expenses. Any monies deposited with
the Elections Administrator by the withdrawing authority shall be refunded, minus the aforementioned expenses and
administrative fee, if applicable.
It is agreed that any of the joint election early voting sites that are not within the boundaries of one or more of the
remaining participating authorities, with the exception of the early voting site located at the Denton County Elections
Building, may be dropped from the joint election unless one or more of the remaining participating authorities agreed to
fully fund such site(s). In the event that any early voting site is eliminated under this section, an addendum to the contract
shall be provided to the remaining participants within five days after notification of all intents to withdraw have been
received by the Elections Administrator.
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.
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 pertorms 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.
Page 7 of 10
XV. MISCELLANEpUS 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 of the Texas Election Code.
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 or 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.
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.
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 execution of this agreement. The exact amount of each participating
authority's obligation under the terms of this agreement shall be calculated after the May 11, 2013 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:
Actual Deposit
.............._
Political Subdivision Cost
Town of Arqvle $2079.10
Town of Bartonville $1752.47 ,
������W_._..�W_..�_rvrvrvrv. �_ .�._ � .�._..�..
Citv of Celina $3095.74
Page 8 of 10
_ — ..mw. ......_. .. ..........
Citv of Corinth $2547.89
�. ......._ ........................� �.�_..___......m.......�......_�
Town of Cross Roads $2455.50
_� ,,,,,,,,, ,,,,,,,�. _ ._a�
I Citv of Denton I$6911.21
._..�............_�__ � � ............ ....
Town of Flower Mound $5207.76
�...._��__���_��... � �� _.......���
Citv of Frisco $6522.11
Town of Hackberry WWWWWWWWWWWW������ ���m$2325.59 WWWWWWWWWW
_ .�,�.�
City of Justin $1294.33
_���_ � ................ ___W W W ...........
Citv of Kruqerville $2209.13
Citv of Krum � $5500.56
__.....���..� ��
Citv of Lewisville $4392.67
..� _ W..___.. .....��..�....... ..�.......�
Town of Little Elm $3174.93
_..... . _ ...__.__ _ _
Town of Northlake $1731.37
.. vvv_mW_ � _WW ...... ........
Citv of Oak Point $2002.39
_�� � __..
Citv of Pilot Point $4665.18
.vvv .�
Citv of Plano $4952.44
_� �.�.�, ��....
Town of Prosper $1867.89
...w.��._�_ .. � . ...............
Citv of Sanaer $5349.38
_.__... �.�. �.. �._
Town of Shady Shores $2422.20
Town of Trophv Club � $2215.40�
m�._._.....�.»:. �. _. �_._.
Town of Westlake $400.00
......__..... . _�.��..���
Arqvle ISD $2664.26
w�. ._._...�. ._.
Denton ISD $12445.58
_....
Lake Dallas ISD ' $3538.22
_ �...._._............�
Lewisville ISD $35148.23
.......... .._._____
Little Elm ISD $3568.63
Northwest ISD � $5429.20 �,
... �.. _��...�
Prosper ISD $2134.89
_ ..._ �....
Belmont Fresh Water SD No. 1 $1133.92 '
_______�........�... ..... ....�..�_
Belmont Fresh Water SD No. 2 $1135.60
Collin Colleae $4716.24 �
� �.._�._�__
XVII. SIGNATURE PAGE (separate page)
Revised 6.03.2013 (2:00 p.m.)
Page 9 of 10
1
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XVII. JOIN7 CONTRACT ACCEPTANCE AND APPROVAL
IN TESTIMONY HEREOF, thls agreement has been executed on behalf of the partles hereto as follows, to-wit:
(i) It has on the �,�day of � fr� . 2013 been executed by the Denton County Elections
At�rr�iw�l��r�ri�rr �urst��nt Co tln�'r�x�s ���cRlon Code so ��at�����z�nB7
(2) It h�s ��a t6�� ���+ of � 2013 been �x�cu��^d on behalf of the clty of Denton
pursuant to an actlon of the City Manager•Clty of Denton so authorizing;
ACCEP7ED AND AGREED TO BY DENTON COUNTY ELECTIONS ADMINIS7RATOR:
APPROVED:
� �, ��
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a�. ,��`���,���,�,,.��.�"�,�_������ �,��� �.
fRANK PMILLIPS
ACCEPTED AND AGREED TO BY THE CI7Y Op DENTON;
APPROVED:
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ATTESTED:
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