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22-2063
ORDINANCE NO. 22-2063 AN ORDrNANCE OF THE CITY OF DENTON, AUTHORLZING THE EXECUTION OF AJOINT ELECTION AGREEMENT AND CONTRACT WITH DENTON COUNTY FOR JOINTELECTION SERVICES FOR THE DENTON SPECIAL ELECTIONS TO BE HELD ONNOVEMBER 8. 2022, FOR THE PROPOSITION OF DETERMINING WHETHER CITYCOUNCIL MEMBER ALISON MAGUIRE SHALL BE REMOVED FROM DISTRICT 4 SEATOF THE CITY COUNCIL BY RECALL AND FOR THE PROPOSITION OF AMENDMENTTO THE DENTON CODE OF ORDINANCES, CREATING CHAPTER 21, ARTICLE V TO BETITLED “MARIJUANA ENFORCEMENT”, AT AN ESTIMATED COST OF $152,269.03;AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING ANEFFECTIVE DATE. WHEREAS, on June 28, 2022, the Denton City Council ordered a special municipal election to be held on Tuesday, November 8, 2022, for the proposition of determining whether cityCouncil Member Alison Maguire shall be removed from District 4 seat of the City Council byRecall WHEREAS, on July 26, 2022, the Denton City Council ordered a special municipalelection to be held on Tuesday, November 8, 2022, for the proposition of amendment to the DentonCode of Ordinances, creating chapter 21, Article V to be titled “marijuana enforcement”; and WHEREAS, it is the desire of the Denton City Council to continue contractual services with Denton County for the administration of its special election as done in the past; and WHEREAS, under the contemplated contract, Denton County and the ElectionAdministrator shall be responsible for pefforming duties under the Election Code including butnot limited to the following: • • Coordinating, supervising, and handling all aspects of the Joint Election asprovided in the joint election agreement and contract;Selecting and arranging for the use of and payment for all Early Voting and ElectionDay voting locations;Appointing the presiding judge and alternate judge for each polling location forElection Day;Arranging for the training and compensation of all election judges and clerks;Employing other personnel necessary for the proper administration of the election;Appointing other deputy early voting clerks to assist in the conduct of early voting;Arranging for all election supplies and voting equipment;Serving as Early Voting Clerk;Appointing an Early Voting Board to process early voting results; andEstablishing and operating the central counting station to receive and tabulate thevoted ballots. • • • • • • WHEREAS, the City Council deems it is in the public interest to enter into the jointelection agreement and contract with Denton County contemplated above; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this Ordinance are incorporated herein by reference. SECTION 2. The City Manager, or designee, is hereby authorized to execute the JointElection Agreement and Contract for Election Services with Denton County in the form attachedhereto as Exhibit 1 and made part of this ordinance for all purposes. SECIIIION 3. This ordinance shall become effective immediatejy UDon its approval. S e C O n d e:tEy 1r1r11 0 t i O n 11!iI:1;11: LIV qiIIILC in an ce was m% Tr d the following vote U_ - b] : passage and and approved by Ayeb/Nay Abstain Absent Gerard Hudspeth, Mayor: Vicki Byrd, District 1 : Brian Beck. District 2 : Jesse Davis. District 3 : Alison Maguire, District 4: Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6: PASSED AND APPROVED this the b/ k/ 1/ t/ b/ t 9'hd,y ,f Octb\yar , 2022 4YOR ATTEST ROSA RIOS CITY SECRETARYa nttlllllllt DE& APPROVED AS TO LEGAL FORM :MACK REINWAND, CITY ATTORNEY roH 111111\\ '- BY: EXHIBIT 1 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, herein referred to as “participating authority or participating authorities” located entirely or partially inside the boundaries of Denton County: Participating Authorities : AUBREY BELMONT FRESH WATER SUPPLY DISTRlcr NO. 2 OF DENTON COUMIY CEUN A DALLAS DENTON COUNTY ERA ISD HICKORY CREEK JUsriN LEGENDS RANCH MUNICIPAL LrnuTY DISTRI cr NEW FAIRVIEW PILOT POINT ROCKY TOP RANCH MUNiCIPALLIRLITY DISTRICF OF DENTON COUNTY SUDELL ISD BARTON VILLE CARROLLTON COPPELL DENTON DENTON COUNTY MUNICIPAL LmuTY DISTRlcr NO. 16 FLOWER MOUND HUNTER RANCH IMPROVEMENT DISTRlcr NO. 1 OF DENTON COUNTY LAKE DALLAS UTrLE ELM ISD OAK POINT PONDER ISD SHADY SHORES TRADITION MUNICIPAL Lrrluw DlsTRlcr NO. 2A DEVroN COUNTY This contract is made pursuant to Texas Election Code Sections 31.092 and 271.002 and Texas Education Code Section 1 1 .0581 for a joint November 08, 2022 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 General or Special Election on November 08, 2022. Denton County plans to hold county-wide voting for this General Election. The County owns the Hart InterCivic Verity Voting System, 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 (participating authorities) desire to use the County’s 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 271of the Texas Election Code, as amended. NOW THEREFORE, in consideration of the mutual covenants, agreements, and benefits to all parties, IT IS AGREED as follows: Page 1 of 13 I. ADMINISTRATION The participating authorities 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 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 Elections Administrator for equipment, supplies, services, and administrative costs as provided in this agreement. The 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 Verity voting system and polling places, and it is agreed that the Elections Administrator may enter into other 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. 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 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 theElections Administrator. III. VOTING LOCATIONS The Elections Administrator shall select and arrange for the use of and payment for all Early Voting and Election Day voting locations. Voting locations will be, whenever possible, the usual voting location for each election precinct in elections conducted by each participating authority, 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 Exhibit A of this agreement. In the event a voting location is not available or appropriate, the Elections Page 2 of 13 Administrator will arrange for use of an alternate location. The Elections Administrator shall notify the participating authorities of any changes from the locations listed in Exhibit A. 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 bilingual polling place officials (fluent in both English and Spanish). In compliance with the Federal Voting Rights Act of 1 965, as amended, each polling place containing more than 5% Hispanic population as determined by the 2020 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 Election judges and clerks who attend in-person voting equipment training and/or procedures training, shall be compensated at the rate of $13 an hour. Election judges and clerks that elect to complete online training shall be compensated as a rate of a flat $40. 1n the event that as Election judge or clerk completes both in-person and online training, they shall be compensated for the training resulting in the highest pay and will not be compensated for both trainings. 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 them of their appointment, the dates/times and locations 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 and overtime after 40 hours worked per week, if applicable. The election judge, ortheirdesignee, will receive an additional sum of $25.00 for picking up the election supplies and equipment prior to Election Day and for returning the supplies and equipment to the central counting station after the polls close. Likewise, the Presiding Judge in Early Voting, ortheirdesignee, will receive an additional sum of $25.00 for picking up the election supplies prior to the first day of Early Voting and for returning the supplies and equipment to Page 3 of 13 the Elections Department after Early Voting has ended. The compensation rates established by Denton County are: Early Voting – Presiding Judge ($15/hour), Alternate Judge ($14/ hour), Clerk ($13/ hour) Election Day – Presiding Judge ($ 15/hour), Alternate Judge ($14/ hour), Clerk ($13/ hour) The Elections Administrator may employ other personnel necessary for the proper administration of the election, as well as, pre and post-election administration. In such cases, costs shall be pro-rated among participants of this contract. Personnel working in support of full-time staff will be expensed on a pro-rated basis and include a time period of one week prior to the election, during the election, and one week post-election. 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. If elections staff is required outside of the hours of the office’s normal scope of business, the entity(ies) responsible for the hours will be billed for those hours. The Elections Administrator will determine when those hours are necessary, the number of staff and whom are necessary, along with to whom the hours are to be billed. Cost for these hours will be billed at a rate of 1 .5 times the staff’s hourly rate (See Sections XV #10). The Election Administrator has the right to waive these costs as they see fit, V. PREPARATION OF SUPPLIES AND VOTING EQUIPMENT The Elections Administrator shall arrange for delivery of all election supplies and voting equipment including, but not limited to, the County’s Verity voting system and equipment, official ballot paper, 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. Any additional required materials (required by the Texas Election Code) must be provided by the participating authority, and delivered to the Elections Office thirty-three (33) calendar days (October 6, 2022) prior to Election Day. If this deadline is not met, the material must be delivered by the participating authority, to all Early Voting and Election Day locations affected, prior to voting commencing. The Elections Administrator shall be responsible for conducting all required testing of the voting 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 authorities 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 Page 4 of 13 judges in the voting locations that have more than one ballot style to conduct a proper election. 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). Said list must be provided to the Elections Office within three (3) business days followinq the last day to file for a place on the ballot or after the election is ordered, whichever is later. The list must be in a Word document, the information must be in sentence case format, be in Arial 12 point font, and must contain candidate contact information for the purposes of verifying the pronunciation of each candidate’s name. 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 approval must be finalized with the Elections Office within five (5) calendar days of the receipt of the proofs, or the provided proofs shall be considered approved. The joint election ballots shall list the County’s election first. 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 following the County’s election, followed by the appropriate city ballot content, and followed by the appropriate water district or special district ballot content. Early Voting by personal appearance and on Election Day shall be conducted exclusively on Denton County’s Verity voting system including provisional ballots. 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 authorities shall serve in that capacity without additional compensation . Page 5 of 13 Exhibit A of this document includes locations, dates, and times that voting will be held for Early Voting by personal appearance. Any qualified voter of the Joint Election may vote early by personal appearance at any one of the joint early voting locations. All requests for temporary branch polling places will be considered, and determined based on the availability of facility and if it is within the Election Code parameters. All costs for temporary locations including coverage by Election Administration staff will be borne by the requesting authority. The Elections Administrator will determine when those hours are necessary, the number of staff and whom are necessary, along with to whom the hours are to be billed. Cost for these hours will be billed at a rate of 1 .5 times the staff’s hourly rate (See Sections XV #10). The Election Administrator has the right to waive these costs as they see fit. The standard dates and hours for the November 08, 2022 election will be as follows: Early Voting : Monday, October 24, 2022 through Friday, October 28, 2022; 8am – 5pm Saturday, October 29, 2022; 7am – 7pm Sunday, October 30, 2022; 11 am-5pm Monday, October 31, 2022 through Friday, November 4, 2022; 7am-7prn. Election Day: Tuesday, November 8, 2022; 7am – 7pm 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 ElectionsPO Box 1720 Denton, TX 76202 Email: elections@dentoncounty.gov 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.) shall 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 A101Denton, TX 76208 Email: elections@dentoncounty.gov Page 6 of 13 The Elections Administrator shall post on the county website, the participating authority’s Early Voting Roster on a daily basis. In accordance with Section 87.121 of the Election Code, the daily roster showing the previous day’s early voting activity will be posted no later than 1 1 :00 am each business day. VII. EARLY VOTING BALLOT BOARD Denton County shall appoint the Presiding Judge of 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 an Alternate Presiding Judge and one or more additional members toconstitute 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: Brandy Grimes, Deputy Elections Administrator Tabulation Supervisor: Jason Slonaker, Technology Resources Coordinator Presiding Judge: Early Voting Ballot Board Judge Alternate Judge: Early Voting Ballot Board Alternate Judge The counting station manager or their representative shall deliver timely cumulative reports of the election results as precincts report to the central counting station and are tabulated by posting on the Election Administrator's Election Night Results website. 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 (if requested) and by posting to the Election Administrator's Election Night Results website. To ensure the accuracy of reported election returns, results printed on the reports produced by Denton County’s voting equipment will not be released to the participating authorities at the remote collection locations or 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 authorities 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 Page 7 of 13 Administrator, or their designee, of the date of the canvass, no later than three days after Election Day 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 Each participating authority with territory containing population outside of Denton County agrees that the Elections Administrator shall administer only the Denton County portion of those elections. 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 three (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. Each participating authority eligible to hold runoff elections agrees that the date of the runoff election, if necessary, shall be Tuesday, December 13, 2022, with early voting being held in accordance with the Election Code. XI. ELECTION EXPENSES AND ALLOCATION OF COSTS The participating authorities agree to share the costs of administering the Joint Election. Allocation of general expenses, which are not directly attributable to an individual polling location, will be expensed by each participating authority’s percentage of registered voters of the total registered voters of all participating authorities. Expenses for Early Voting by personal appearance shall be allocated based upon the actual costs associated with each early voting location. Each participating authority shall be responsible for an equal portion of the actual costs associated with the early voting locations within their jurisdiction. Participating authorities that do not have a polling location within their jurisdiction shall pay an equal portion of the nearest polling location. Election Day location expenses will be allocated based on each participating authority’s percentage of registered voters assigned to each polling place. If a participating authority’s election is conducted at more than one Election Day polling location there shall be no charges or fees Page 8 of 13 allocated to the participating authority for the cost of the Election Day polling location in which the authority has fewer than 50% of the total registered voters served by that polling location, except that if the number of registered voters in all of the authority’s polling locations is less than the 50% threshold, the participating authority shall share the expenses, based on their percentage of registered voters, of the polling location at which it has the greatest number of registered voters. In the event that participating authorities with overlapping boundaries cannot make an agreement on Early Voting and/or Election Day locations, the requesting participating authority agrees to bear the entire expense of the location. Each participating authority requesting additional hours, outside of the standard hours, for a location or locations, agree to split the cost of the additional open hours equally amongst the requesting participating authorities. Costs for Early Voting by mail, in-person ballots, provisional ballots, and Poll Pad paper shall be allocated according to the actual number of ballots issued to each participating authority’s voters and the cost shared equally amongst participating authorities of each ballot style. Each participating authority agrees to pay the Elections Administrator an administrative fee equal to ten percent (10%) of its total billable costs in accordance with Section 31.100(d) of the TexasElection 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. The Denton County Elections Administrator reserves the right to adjust the above formulas in agreement with an individual jurisdiction if the above formula results in a cost allocation that is inequitable. If any participating authority makes a special request for extra Temporary Branch Early Voting by Personal Appearance locations as provided by the Texas Election Code, that entity agrees to pay the entire cost for that request. Participating authorities having the majority of their voters in another county, and fewer than 500 registered voters in Denton County, and that do not have an Election Day polling place or early voting location within their Denton County territory shall pay a flat fee of $400 for election expenses. Election expenses, including but not limited to, overtime charges for Election Office staff, and any unforeseen expenses needed to conduct the election, will be borne by the participating authority or authorities, affected . XII. WITHDRAWAL FROM CONTRACT DUE TO CANCELLATION OF ELECTION Any participating authority may withdraw from this agreement and the Joint Election should it cancel Page 9 of 13 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 (1 0%) of such expenses. Any monies deposited with the Elections Administrator by the withdrawing authority shall be refunded, minus the aforementioned expenses and administrative fees, if applicable. It is agreed that any of the joint election early voting locations that are not within the boundaries of one or more of the remaining participating authorities, with the exception of the early voting location 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 location(s). In the event that any early voting location is eliminated under this section, as 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 andretrievabl e. 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 appropriate 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 authorities agree that any recount shall take place at the office 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 Page 10 of 13 necessary to conduct a proper recount. XV. MISCELLANEOUS PROVISIONS 1.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 Treasurer and the Denton County Auditor in accordance with Section 31.099 of the TexasElection 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 theTexas 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. 9. Failure for a participating authority to meet the deadlines as outline in this contract may result in additional charges, including but not limited to, overtime charges, etc. Elections Staffing Hourly Rate (includes all benefit pay): Absentee Voting Coordinator Voter Registration Clerk Technology Resources Coordinator $46.135 $33.760 - $51.822 $59.547 Page 11 of 13 Elections Technician Voter Registration Coordinator Training Coordinator Election Coordinator $42.000 - $45.530 $44.431 $55.650 $38.056 XIV. COST ESTIMATES AND DEPOSIT OF FUNDS The total estimated obligation for each participating authority under the terms of this agreement is listed below. The exact amount of each participating authority’s obligation under the terms of this agreement shall be calculated after the November 08, 2022 election (or runoff election, if applicable). The participating authority’s obligation shall be paid to Denton County within 30 days after the receipt of the final invoice from the Denton County Elections Administrator. The total estimated obligation for each participating authority under the terms of this agreement shall be provided within 45 days after the last deadline for ordering an election: Political Sutxlivision Estimate $8,574.37 $11, 303.56 900.oo $60,067.82 $7,224.91 $7,749.45 $18,715.58 $152, 269.03 $1, 384, 351.92 900.oo 900.oo $72,7a7.63 $12,004.57 900.oo $11,725.58 $11,977.57 900.oo $60,550.07 900.oo $11,095.80 $11, 151.15 $12, 177.50 900.oo $11, 615.71 AUBREY BARTON VILLE BELMONT FRESH WATER SUPPLY DISTRlcr NO. 2 OF DENTON COUNTY CARROLLTON CEUNA COPPELL DALLAS DENTON DENTON COUNTY DENTON COUNTY MUNICIPALUTIUTY DISTRlcr NO. 16 ERA ISD FLOWER MOUND HICKORY CREEK HUNTER RANCH IMPROVEMENT DISTRlcr NO. 1 OF DENTON COUNTY JUSTIN LAKE DALLAS LEGENDS RANCH MUNICIPAL UTILITY DISTRlcr UTrLE ELM ISD NEW FAIRVIEW OAK POINT PILOT POINT PONDER ISD ROCKY TOP RANCH MUNICIPAL UTILITY DISTRlcr OF DENTON COUNTY SHADY SHORES SUDELL ISD TRADITION MUNICIPAL LmUTY DISTRlcr NO. 2A DENTON COUNTY Page 12 of 13 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 16th day of August, 2022 been executed by the Denton County Elections Administrator pursuant to the Texas Election Code so authorizing; (2) it has on the 18TH day of October, 2022 been executed on behalf of the City of Denton pursuant to an action of the Denton City Council so authorizing; ACCEPTED AND AGREED TO BY DENTON COUNTY ELEcrioNS ADMINISTRATOR: APPROVED: Frank Phillips, CERA ACCEPTED AND AGREED TO BY THE CITY OF DENTON: APPROVED ArrESTED: fi ROSA RIOS, CITY SECRETARY \11111111D DENTON COUNTY EARLY VOTING (VOTACION ADELANTADA DEL CONDADO DE DENTON) NOVEMBER 8, 2022(8 DE NOVIEMBRE DE 2022) GENERAL AND SPECIAL ELEcrioNS (ELECCIONES GENERALES Y ESPECIALES) The main EarIY Voting polling place is Denton CountY Elections Administration located at 701 Kimberly Dr., Denton, TX 76208, room Alll (El principal lugar de votaci6nanticipada es la Administmci6n de Elecciones del Condado de Denton ubicada en 701 Kimberly Dr., Dentonp TX 76208p sala Alll) EARLY VOTING BY PERSONAL APPEARANCE DAYS AND HOURS (DFAS Y HORAS DE VOTACl6N TEMPRANO POR APARIC16N PERSONAL) October (octubre) 24 - 28 October (octubre) 29 October (octubre) 30 October (octubre) 31 – November (noviembre) 4 Monday - Friday (lunes – viernes) Saturday (s6bado) Sunday (domingo) Monday - Friday (lunes - viernes) 7:00 a.m. - 7:00 p.m 11:00 a.m. – 5:00 p.m.7:00 a.m. – 7:00 p.m, Location (Ublcac16n) Argyle Town Hall Aubrey Area Library Bartonville Town Hall Carrollton Public Library Rosemeade Recreation Center Copper Canyon Town Ha11 Corinth City Hall Steven E. Copeland Government Center nmberglen Recreation Center Denton Civic Center Denton County Elections Administration Martin Luther King Jr. Recreation Center North Branch Library Robson Ranch Clubhouse South Branch Library Texas Woman’s University - Hubbard Ha11 University of North Texas - GatewayCenter Denton County Southwest Courthouse Flower Mound Community Activity Center Flower Mound Public Library Flower Mound Senior Center Frisco Fire Station #4 Frisco Fire Station #6 Frisco Fire Station #7 Frisco Government Center Hickory Creek Town Hall Highland Village Municipal Complex Justin Municipal Complex Northwest ISD Administration Building Krum ISD Administration Building Lake Dallas City Hall Lakewood Village Town Hall Castle Hills North Community Center Lewisville Municipa1 Annex Macedonia Ministries Thrive Multigenerational Center Little Elm Community Center Paloma Creek HOA - Creekside Clubhouse Little Elm ISD Administration Building Northlake Town Hall Oak Point City Hal Pilot Point Senior Center Ponder Town Hall Address tirecci6n, 308 Denton St. E. 226 Countryside Dr. 1941 E. Jeter Rd. 4220 N. Josey Ln. 1330 E. Rosemeade Pkwy. 400 Woodland Dr. 3300 Corinth Pkwy. 1400 FM 424 3810 nmberglen Rd. 321 E. McKinney St. 701 Kimberly Dr. 1300 Wilson St. 3020 N. Locust st. 9428 Ed Robson Cir. 3228 Teasley Ln. 301 Administration Dr. Room iitio de Votaci6n) Community Room Library Community Room Town Council Room Large Meeting Room Front Lobby Council Chambers City Council Workshop Room Community Room Large Room Community Room A111 Meeting Rooms A & B Meeting Room Medina Program Room Room 2238 City (Ciudad) Argyle Aubrey Bartonville Carrollton Carrollton Copper Canyon Corinth Cross Roads Dallas Denton Denton Denton Denton Denton Denton Denton Zip Code (C6digoPostal) 76226 76227 76226 75010 75007 75077 76208 76227 75287 76201 76208 76205 76209 76207 76210 76201 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 801 North Texas Blvd.Room 52 Denton 1 76201 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 6200 Canyon Falls Dr. 1200 Gerault Rd, 3030 Broadmoor Ln. 2701 W. Windsor Dr. 4485 Cotton Gin Rd, 3535 Eldorado Pkwy. 330 W. Stonebrook Pkwy. 5533 FM 423 1075 Ronald Reagan Ave. 1000 Highland Mllage Rd. 415 N. College Ave. 2001 Texan Dr. 1200 Bobcat Blvd, 212 Main St. 100 Highridge Dr. 201 Anna Ave 1197 W. Main St, 702 S. Mill St. 1950 S. Valley Pkwy. 107 Hardwicke Ln 900 Villa Paloma Blvd. 400 Lobo Ln, 1500 Commons Cir., Ste. 300 100-B Naylor Rd. 310 S. Washington St. 102 W. Bailey St. Community Room Chill Zone Program Room Ballroom C Training Room Training Room Training Room Community Room Room 115 & Citizens on Patrol Room Police Training Room City Council Chambers Curriculum Design Center Boardroom Community Room Council Chambers Clubhouse at Anna Community Room Fellowship Hall Dogwood 3 Community Room Main Clubhouse Competition Gym Council Chamber & Conference Room Community Room Room #1 Council Chambers Flower Mound Flower Mound Flower Mound Flower Mound Frisco Frisco 76226 75028 75022 75028 75034 75033 75036 75036 75065 75077 76247 76247 76249 75065 75068 75056 75067 75057 75067 75068 75068 75068 76226 75068 76258 76259 Frisco Frisco Hickory Creek Highland Village Justin Justin Krum Lake Dallas Lakewood Village Lewisvil le Lewisville Lewisville Lewisville Little Elm Little Elm Little Elm Northlake Oak Point Pilot Point Ponder DENTON COUNTY EARLY VOTING (VOTACION ADELANTADA DEL CONDADO DE DENTON) NOVEMBER 8. 2022 (8 DE NOVIEMBRE DE 2022) GENERAL AND SPECIAL ELECTIONS (ELECCIONES GENERALES Y ESPECIALES) Roanoke Public Library Centerer Shady Shores Center and Suites by Marriott in Dallas Colony The Colony Annex Building Trophy Club MUD No. 1 Building 101 S. Shady Shores Rd. 5909 Stone Creek Dr. 6804 Main St. 100 Municipal Dr. Meeting Rooms A & B Center Room Council Chambers Stone Creek & Crescent Room Annex Building Sanger Shady Shares The Colony The Colony Trophy Club 76262 76266 76208 75056 75056 76262 Denton County Elections Administration Website: https://www.votedenton.gov (Sito de Administraci6n de Elecciones de Condada de Denton) : https://www.votedenton.gov Application for a Ballot by Mail may be downloaded from our websrte: https://www.votedenton.com/early-voting-hr-mail-absentee/ (Solicitud para Boleta por Correo se puede descargar de nuestro sitio web).' https://www.votedenton.com/early-voting-by-mail-absentee/ Information by phone: Denton County Elections Administration, 940-349-3200 (Injormaci6n por te16fono): Administraci6n de Elecciones del Condado de Denton 940-349-3200 Applications for a Ballot by Mail must be submitted between January 1, 2022 and October 28, 2022 by mail, fax or email to: (Solicitudes para una Boleta por Correo pueden ser sometidas entre eI 1 de enero de 2022 y 28 de octubre de 2022 par correo, fax a par correoelectr6nico al Early Voting Clerk ISecretario De Votaci6n Adelantada}PO Box 1720 Denton, TX 76202Fax: 940-349-3201 Email: elections@dentoncounty.gov Note: effective December 1, 2017 - if an Application for Ballot by Mail is submitted by fax or e-mail the original application must also be mailed and received by the Early Voting Clerk no tater than the 4th business day after receipt of the faxed or e-mailed copy. Nota: efectivo eI 1 de diciembre de 2017 - Si una solicitud de boleta por correo se envia par fax a por correo electr6nico la solicitud original tambien debe ser enviado por correo y recibida por el Secretorio de votaci6n onticipoda no rn6s tarde del cuarto dia h6bil despu6s de recibir la copia enviada por fax o por correo electr6nico.) 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