2010-030.. - - ,_..
s:\our documents\ordinances\10\election calling 050810.doc
ORDINANCE NO. � 2� 1 �-O3O
AN ORDINANCE ORDERING AN ELECTION TO BE HELD IN THE CITY OF DENTON,
TEXAS, ON MAY 8, 2010 AND, IF A RUNOFF ELECTION IS REQUIRED, ON JLJNE 12,
2010, FOR THE PURPOSE OF ELECTING COUNCIL MEMBERS TO PLACES 5 AND 6
AND ELECTING A MAYOR TO PLACE 7 OF THE CITY COUNCIL OF THE CITY OF
DENTON, TEXAS; PRESCRIBING THE TIME AND MANNER OF THE CONDUCT OF
THE ELECTION TO BE IN ACCORDANCE WITH AN AGREEMENT WITH THE
ELECTION ADMINISTRATOR OF DENTON COUNTY; PRESCRIBING THE FORM OF
THE BALLOT; 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.
SECTION 1. A municipal election is ordered to be held in the City of Denton, Texas on
Saturday, May 8, 2010, such date being a uniform election date as defined in Tex. Elec. Code
§41.001, as amended (the "Code"), for the purpose of electing council members for Places 5 and
6 and electing a mayor to Place 7. In the event a runoff is required, the runoff election shall be
held on Saturday, June 12, 2010.
SECTION 2. The election and early voting shall be conducted at the time and in the
manner specified in and in accordance with an agreement between the Election Administrator of
Denton County and the City of Denton.
SECTION 3. The manner of holding such election and all questions pertaining thereto
shall be governed by the election laws of the State of Texas.
SECTION 4. 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 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 5. This Ordinance shall become effective immediately upon its passage and
approval.
PRESENTED, PASSED AND APPROVED on the ���da of ��r 2010 at a re ular
Y li� g
meeting of the City Council of the City of Denton, Texas, by a vote of ��ayes and � nays
at the regular meeting of the City Council of the City of Denton, Texas.
PASSED AND APPROVED this the
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M RK A. B� O S, MAYOR
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s:\our documents\ordinances\10\election calling 050810.doc
�'�
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPR ED TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
THE STATE OF TEXAS
COUNTY OF DENTON
JOINT ELECTION AGREEMENT AND CONTRACT FOR ELECTION SERVICES
TH15 CONTRACTfor election services is made by and between the Denton County Elections Administrator
and the following political subdivisions that are entirely or the portion that are located inside the boundaries of
Denton County:
Town of Bartonville
City of Corinth
Town of Cross Roads
City of Denton
Town of Flower Mound
Town of Hickory Creek
City ofJustin
City of Krugerville
City of Krum
City of Lewisville
City of Oak Point
Town of Shady Shores
City of Southlake
Town ofTrophy Club
Denton Independent5chool District
Lewisville IndependentSchool District
Northwest Independent School District
Pilot Point Independent School District
Ponder Independent School District
Sanger Independent School District
Alpha Ranch Water Control and Improvement District of Denton and Wise Counties
ClearCreek Watershed Authority
Denton County Fresh Water Supply District No. 1-8
Denton County Fresh Water Supply District No, 1-D
Denton County Fresh Water Supply District No. 1-E
Denton County Fresh Water Supply District No. 6
Denton County Fresh Water Supply District No. 7
Denton County Fresh Water Supply District No. 10
Trophy Club Municipal Utility District No. 1
This contract is made pursuant to Texas Election code Sections 31.092 and 271.002 and Texas Education
Code 11.0581 for a joint May 8, 2010 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 and/or special election on May 8, 2010.
The County owns an electronic voting system, the Hart InterCivic eSlate/eScan Voting 5ystem (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 5ection 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 Chapter 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:
ADMINISTRATION
The parties agree to hold a"Joint Election" with 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
Page1of10
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
authorities as necessary.
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.
Denton County will perform a criminal background check on all employees, including temporary
employees, which may program, test, perform maintenance, transport equipment, or perform technical support
on the voting system equipment in accordance with Election Advisory No. 2009 and House Bill 2524 and applicable
provisions of the Texas Election Code.
II. LEGAL DOCMENTS
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.
Preparation of the necessary materials for notices and the official ballot shall be the responsibility of each
participating authority, including translations to languages otherthan 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 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 unresol�ed 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.
The Elections Administrator will provide to each participating authority a photocopy of the joint
submission and any correspondence from the Department of Justice.
Page 2 of 10
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 each participating city, and shall be compliant with the accessibility requirements
established by Election Code 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 8, 2010 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 7, 2010
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 8, 2010 election, This
notice shall be written in 6oth the English and Spanish languages.
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% 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/her of his/her 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 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.
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Election judges and clerks who attend voting equipment training and /or procedures training shall be
compensated at the same hourly rate that they are to be paid on election day.
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 baliots 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, official 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.
At each polling location, joint participants shall share �oting 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, 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.
Each participating authority shall furnish the Election Administrator a list of candidates and/or
propositions showing the order and the exact manner in which the candidate names and/or propositions(s) are to
appear on the official ballot (including titles and text in each language in which the authority's ballot is to 6e
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.
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. (This is based on population.)
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 only if a
participating authority choices to use both paper and electronic. Provisional ballots cast on Election Day will be on
the eSlate electronic voting system to prevent the possibility of paper provisional ballots from being immediately
counted via the eScan ballot scanner.
Due to current limitations of the county's eScan ballot scanners, it is necessary that in the event ballot
content for a particular participating authority or joint election ballot style is too lengthy to fit on one page paper
ballot, all Election Day voting for that particular authority or ballot style must be held on the county's eSlate voting
system if a participating authority had wished to use both paper and electronic.
Page 4 of 10
If a participating authority wishes to use both paper and electronic, the full cost of the paper ballot will be
up to that participating authority at each polling location that is shared with other participating authorities that
don't wish to have both paper and electronic. 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 a number
divisible by 50.
The Election Administrator shall be responsible for the preparation, testing, and delivery of the voting
equipment for the election as required by the Election Code.
VI. EARLYVOTING
The participating authorities agree to conductjoint early voting and to appoint the Elections
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 Chapter 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 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 Election Code, the daily reports showing the previous day's early voting activity will be distributed to each
participating authority no later than 8:�0 AM each business day.
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 ofthe Election 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 count
room to receive and tabulate the voted ballots in accordance with provisions of the Texas Election Code and of this
agreement.
Page5of10
The participating authorities hereby, in accordance with Section 127.002, 127.003, and 127.005 ofthe
Texas Election Code, appoint the following central counting station officials:
Counting Station Manger:
Tabulation Supervisor:
Presiding Judge:
Alternate ludge:
Frank Phillips, Denton County Elections Administrator
Kesha Woods, Denton CountyTechnical Operations Manager
Randie Geistman
Sara Tischler
The counting station manager or his representative shall delivertimely cumulative reports ofthe 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
�enton County's voting equipment will not be released to the participating authorities 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).
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.
IX. PARTICIPATING AUTHORITIES WITH TERRITORY OUTSIDE DENTON COUNTY
The Election Administrator agrees to administer the entire Pilot Point Independent School District election
including that portion ofthe ISD that is within Grayson and Cooke County.
The Election Administrator agrees to administer only the Denton County portions of the City of Southlake,
The Election Administrator agrees to administer only the Denton County portions of the Northwest
Independent School District.
The Election Administrator agrees to administer the entire City of Lewisville election including that portion
of the City of Lewisville that is in Dallas County.
The Election Administrator agrees to administer the entire Town of Trophy Club election including that
portion ofthe Town ofTrophy Club that is in Tarrant County.
The Election Administrator agrees to administer the entire Town of Flower Mound election including that
portion of the Town of Flower Mound that is in Tarrant County.
Page 6 of 10
The Election Administrator agrees to administer the entire Lewisville ISD election including that portion of
the Lewisville ISD that is in Tarrant County.
The Election Administrator agrees to administer only the Denton County portions of the Clear Creek
Watershed Authority.
The Election Administrator agrees to administer the entire Trophy Club Municipal Utility District No. 1
election including that portion that is in Tarrant County.
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 ofthis 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 6y 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 8, 2010 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 12, 2010.
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.
The participating authorities agree that for billing purposes, each Election Day polling place will be
evaluated as to the number of full-time —equivalent (FTE) poll workers employed. Polling places with more than 5
FTE poll workers will be considered as one or more additional polling places with each full or partial multiple of 5
FTE poll workers constituting an additional polling place for purposes of determining the average cost formula in
the preceding paragraph.
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
Page 7 of 10
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 theirjurisdiction. 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 10 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. The withdrawing authority shall pay
and 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 a nd
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 Joseph A.
Carroll Administration Building, may be dropped from the joint election unless one or more of the remaining
participating authorities agree 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 (5) days after
notification of all intents to withdraw have been received by the Elections Administrator.
Any participating authority that plans to cancel an election must do so by March 17, 2010 at 10:OOam.
XIII. RECORDS OFTHE 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 ofthe 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 8 of 10
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 notify 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 ofthe 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.
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 Judge and the
Denton County Auditor in accordance with Section 31.099 of 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 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.
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
Page 9 of 10
approximately 75% of this estimated obligation not later than 15 days after execution ofthis agreement. The exact
amount of each participating authority's obligation under the terms of this agreement shall be calculated after the
May 8, 2010 election (or runoff election, if applicable), and the Elections Administrator shall notify each
participating authority if the amount of an authority's total obligations 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 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:
Jurisdiction Total Estimate Deposit Due
Alpha Ranch WCID of D&W Co. $1,908.09 $.00
Bartonville $2,437.18 $1,827.89
Clear Creek Watershed Authority $3,318.91 $.00
Corinth $3,097.68 $2,323.26
Cross Roads $1,851.47 $.00
DCFWSD#10 $1,824.28 $.00
DCFWSD#1B $1,422.50 $1,066.88
DCFWSD#1D $1,336.77 $.00
DCFWSD#1E $1,371.28 $.00
DCFWSD#6 $1,863.99 $.00
DCFWSD#7 $1,634.95 $.00
Denton $10,617.05 $7,962.79
Denton ISD $13,708.64 $.00
Flower Mound $4,833.50 $3,625.12
Hickory Creek $3,471.97 $.00
lustin $2,242.59 $1,681.94
Krugerville $2,199.18 $.00
Krum $3,284.40 $2,463.30
Lewisville $3,281.63 $2,461.22
Lewisville ISD $34,944.24 $.00
Northwest ISD $6,506.38 $4,879.78
Oak Point $3,621.70 $2,716.28
Ponder ISD $4,112.23 $.00
PilotPointlSD $2,857.32 $2,142.99
Sanger 15D $4,423.51 $.00
Shady Shores $3,032.26 $.00
Southlake $1,621.49 $1,216.12
Trophy Club MUDZ $1,840.42 $.00
Trophy Club $1,845.92 $.00
Page 10 of 10
XVII. JOINT CONTRACTACCEPTANCE AND APPROVAL
IN TESTIMONY HEREOF, this agreement has been executed on behalf ofthe parties hereto as follows, to-wit:
(1) It has on the �s day of ��/!�, 2010 been executed by the Denton County Elections
Administrator pursu�nt to the Texas Election Code so authorizing;
(2) It has on the �.5 ��day of �,Q�/� 2010 been executed on behalf of the City of Denton
pursuant to an action of the City Manager-City of Denton so authorizing;
ACCEPTED AND AGREED TO BY DENTON COUNTY ELECTIONS ADMINISTRATOR:
APPROVED:
FRANK PHILLIPS
ACCEPTED AND AGREED TO BY THE City of Denton:
APPROVED:
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City Manager
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATfORNEY
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BY: \.,.l.v� � � I � 1, {',� . a
ATTESTED:
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ATTACHMENT A
May 2010 Joint Election Day Polling Locations
Precincts at Site Entities Election Day Patling Lacation
100 Pilot Poinfi 1SD Pilot Point ISD Admn Bidg
I Pilot Point ISD (Denton, Grayson & Cooke Counties) II 829 S Harrison Street
Pilot Point < .
II II
101, 102, 115, 135 Denianl5Q Copeland Gov Center
140, 142 & 143 I Pilot Point ISD II 1400 FM 424
Denton ISD with DCFWSD'#10 Cross Roads
II Krugerville II
Cross Raads
II _ Denton ISD with Cross Roads II
103, 402 & 407 II Sanger ISD I Krum ISD Admn Bldg
CCWA , 809 E'McCart Street
II Sanger ISQ with CCWA II I<rum
Derrtan ISD
II Ponder ISD II
Denton ISD with Denton'#3
I�, Denton #3 II ,
Krum
II " II ,
104, 106 ,112, ' Dentan 1SD - North Branch Library
121, 125, 133, II Denton ISD with Denton #2 II 320 N Loeus
' 403, 406 & 426 Dentan ISD with CCWA Denton
ISangerlSD I _ _
Sanger 1SD with CC1NA
I _ Sanger ISD with Denton #2 I)
105 & 128 II Sanger ISD II Community Center
Sanger ISD with CCWA 101 Freese Street
II II Sanger
8:23 AM
3/23/2010
1
May 2010 Joint Election Day Polling Locations
Precincts at Site Entities Election Day Pailing Lacation
108, i27, 129 & Corinth Corinth City Hall
136` ' Denton ISD with Carinth 330Q Corinth PK1NY
II Denton ISD II , Corinth
109 & 222 II Lewisvilie ISD II Peters Colony Elementary
5101 Rtash Drive
II II The Colany
110, 111, 124, I Denton ISD with Denton #4 I Denia Rec Center
126, �41, 414, 415, Dentorr lSD 1001 Parvin
421 & 4Z7 II Ponder ISD II Denton
l3enton #4
II
113, 114,' 138, Lewisville 15D with Lewisville Lewisvill� Gity Ha(I
224 & 309 II Lewis�ille iSD with OCFWSD #1B II 151 W Church Street
Lewis�ille ISD with DCFWSD #2D ' Lewisville
_ II Lewisville 1SD with DCFWSD#1E II
Lewisviile ISD
II II
116, 404, 405 Denton ISD with`CCWA Narth'LakesRec Center '
& 408 II Denton ISD with Denton#3 II 2001 W Windsor
Sanger iSD with CC1NA Denton
I , I _
118 Dentan 1SD Shady Shores Tov✓n Hall
II Shady Shores II 101 Shady Shores RD
Denton ISD with Shady shores Shady 5hores
_ _ II _ _ Denton ISD with Denton#2 II
122 II Hickory Creek I Hickory Creek Town HaH
1075 f�onald Reagan Ave
II II Hickary Creek
823 AM
3/23/2010
�
May 2010 Joint Election Day Polling Locations
Precincts at Site Entities Election Day Polling Location
123 Krugerville Krugerviile City Hall
' Cross Roads 5097 HWY 377 S
IIDenton ISD with Cross Roads II Krugerville
Denton 1SD
I
130 Denton ISD Oak Paint City Hali
I Oak Point I 100 Naylar Road
Denton ISD with Oak Point Oak Point
II II
131 Lewisviile ISD Fieritage Lakes Clubhouse
< �I I� 3949 Village Blvd
Frisco
, II II
132, 410, 416, Denton ISD with Dentc�n#1 MLK'Jr Rec Center
418 & 429 II Denton IS[� II 1300 Wilson
Denton
200, 2�3, 208, ' ' Lewisville ISD
213,218,&226 II
II
Carroliton Public Library �
II 422Q N Josey Lane
Carrollton
I�
201, 202, 219 ' LewisvillelSD Camey Elementary
&221 I Lewisville ISD with Lewisville II 4949 Arbar Glen
The Calony
II II
214 & 216 II Lewisville ISD II Denton County Gov Center
, 6301 Main Street
II �I The CoEany
215, 217 & 225 II Lewisville fSD II Rosemeade Rec Center
' 1330 Rosemeade Pkwy '
�� �� Carrollton
823 AM
3/23/2010
�3
May 2010 Joint Election Day Polling Locations
Precincts at Site �� Entities �� Election Day Palling Location
300, 308, 310, I Lewisville ISD with Lewisville II Lewisville Municipal Annex
311 &324 1197 W Main Street
II II Lewisville
301, 305, 312, II Lewis�ille ISD with Lewisville II Memorial Park Rec �enter
315, 318, 319 Lewisviile (for City's Dallas County Voters} 1950 B Sauth Valley Pkwy
& 321 II II Lewis�ille
302, 313, 316 II Lewisville ISD I Highfanc! Village City Hall
&322 1Q00 Highland Village Road
II II Highland Village
�� ��
303, 304, 307, LewisvillelSD with Flower-Mound Flawer Mound Police & Court Bldg
314, 317, 320, II Narthwest ISD with Flower Mound II 4150 I<irkpatrick
323, 4Q9; 42Q, Flower Mound Flawer Mound
423, 424, 425 II Denton !SD with Flower Maund II
&428 Lewisville ISD/Flower Mound (for Tarrant Gaunty Voters}
II Lewisviile 15D II
400, 401 & 413 II Northwest ISD with Trophy Club II Trophy Club Town Hall
NorthwestlSC� 1�O Municipal Drive
I Northwest iSD with Trophy Club and PID II Trophy Club
Northwest ISD with'Southlake
_ _ I Flower Mound II
411 II Northwest ISD II Justin City Hall
fUorthwest ISD with Justin 415 N Callege
Alpha Ranch WCID of Denton and Wise Counties (Wise County) Justin
8:23 AM
3/23/2010
4
May 2010 Joint Election Day Polling Locations
Precincts at Site I� Entities �� Etection Day Pailing Location
412 ' Ponder ISD PanderTown Hall
II Denton ISD 405 Shaffner Street
PonderlSD with Denton#4 Ponder
, II Northwest ISD II
417 II Barton�ilie II Bartonville Town Hall
Flower Mound 1941 E Jeter Road
Denton ISD II Bartonviile
Denton' ISD with Bartanville
Northwest ISD II
Northwest ISD with� Flower Mo�nd
II II
419/422 Denton ISD Dau�le Oak Town Hall
II Lewis�ille ISD II 320 Waketon Raad
Lewisville IS� with Flawer Mound Double Oak
II Denton ISD with DCFWSD#6 II
Denton ISD with DCFWSD#7
II Dentan ISD with Barton�ille II
430 II Northwest ISD II Clara Lo�e Elementary
, 16301 Elementary Q'rive
II II Justin
8:23 AM
3/23/2010
5
ATTACHMENT B
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City and S'chool Elections � May 8, 2010
Early Voting Locations Dates and Times:
Monday - Friday Apri126 - 30 8am — Spm
Monday — Tuesday May 3— 4 7am — 7pm
Lewisville Municival Anneg Carrollton Public Library Krum ISD Admin. Building
1197 W. Main Street, Lewisville 4220 N. Josey, Carrollton 809 E McCart, Krum
Herita�e Lakes Club House Justin Municipal Building Hi�hland Villa¢e Citv Hall
3949 Village Blvd., Frisco 415 N. College, Justin 1000 Highland Village Rd. Highland Village
Friendshiu Baptist Church
4396 Main, The Colony
The followin� earlv votin� locations will ONLY be onen the dates and times listed:
Joseuh A. Carroll Admin. BuildinE
401 W. Hickory, Denton
Flower Mound Police and Court Building
4150 Kirkpatrick, Flower Mound
Monday - Friday
Saturday
Monday — Tuesday
Trophy Club MUD
100 Municipal Drive, Trophy Club
Monday - Friday
Saturday
Monday — Tuesday
Denton Citv Hall
215 E McKuuiey, Denton
Double Oak Town Hall
320 Waketon, Double Oak
Sanger Communitv Center
101 Freese, Sanger
Apri126 - 30
May 1
May3-4
Apri126 - 30
May 1
May3-4
Monday - Friday
Saturday
Monday — Tuesday
Monday - Friday
Saturday
Monday — Tuesday
Monday - Friday
Saturday
Monday — Tuesday
Corinth City Hall
3300 Corinth Pkwy., Corinth
Pilot Point ISD Admin. BuildinE
829 S Harrison, Pilot Point
8am— Spm
8am — Spm
7am — 7pm
8am— Spm
8am-12pm
7am — 7pm
Apri126 - 30 8am— Spm
May 1 l0am — 2pm
May 3— 4 7am — 7pm
Apri126 - 30 8am— Spm
May 1 2pm — Spm
May 3— 4 7am — 7pm
Apri126 - 30
May 1
May3-4
Copeland Government Center Monday Apri126
1400 FM 424, Cross Roads Wednesday — Friday Apri128 — 30
Monday — Tuesday May 3— 4
8am— Spm
9am — 2pm
7am — 7pm
8am— Spm
8am — Spm
7am — 7pm