2007-064
S:\Our Documcnls\Ordinances\07\Denton County Voting Equip Ord.doc
ORDINANCE NO. 201J'i -(}G t.)
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO.
2007-030 ORDERING THE MAY 12, 2007 ELECTION TO PROVIDE FOR A JOINT
ELECTION UNDER INTERLOCAL COOPERATION AGREEMENTS BETWEEN THE
CITY OF DENTON, TEXAS AND THE COUNTY OF DENTON, TEXAS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas pursuant to Ordinance No. 2007-030 ordered a
municipal election to be held on May 12,2007; and
WHEREAS, recently the Denton County Elections Administer informed the City
Secretary that Denton County would be ordering an election on the same date, which will
necessitate a joint election due to the need to use the same voting and election equipment; and
WHEREAS, the City Council finds that it is in the public interest to hold the joint
election, which will result in savings to the involved entities; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
SECTION 1. The findings contained in the preamble of this ordinance are incorporated
herein by reference.
SECTION 2. Ordinance No. 2007-030 is hereby amended to provide for the holding of
the municipal election pursuant to Interlocal Agreements between the City of Denton and Denton
County, copies of which are attached hereto and made a part hereof as Exhibits A and B (the
"Agreements").
SECTION 3. The City Council hereby approves and ratifies the Agreements. The City
Manager or his designee is authorized to sign the Agreements on behalf of the City of Denton.
SECTION 4. This Ordinance shall become effective immediately upon its passage and
approval and shall have retroactive effect to February 6, 2007, the date of Ordinance No. 2007-
030.
PASSED AND APPROVED this the 2 J*b day of m t!.re-h ,2007,
at a regular open meeting of the City Council of the City of Denton, Texas, by a vote of--.:z..
ayes and K nos.
ATTEST:
JENNIFER WALTER CITY SECRETARY
Page 1 of2
S:\Our Documents\Ordinances\07\Denton County Voting Equip Ord.doc
APPROVED AS TO LEGAL F RM:
EDWIN M.~~, CITY TTORNEY
BY: ~
Page 2 of2
EXHIBIT A
THE STATE OF TEXAS
COUNTY OF DENTON
Denton, TEXAS
II
CONTRACT FOR
ELECTION SERVICES
BY THE TERMS OF THIS CONTRACT made and entered into by and between the City
of Denton, as duly authorized by the City Council hereinafter referred to as the Council, serving by
and through its City Secretary, as duly authorized by the Council, and DENTON COUNTY, TEXAS,
acting by and through its Elections Administrator hereinafter referred to as the Contracting Officer,
pursuant to the authority of Section 31.091, of the Texas Election Code, agree to the following
particulars in regard to coordination, supervision and running of the City of Denton, May 12, 2007,
General/Special Elections in Denton County.
THIS AGREEMENT is entered into in consideration of the mutual covenants and promises
hereinafter set out. IT IS AGREED AS FOLLOWS:
I. DUTIES AND SERVICES OF CITY. The City Secretary shall be responsible for
performing the following duties and shall furnish the following services and equipment:
A. The City Secretary shall arrange for appointment, notification (including writ of
election), training and compensation of all presidingjudges, alternate judges, the judge ofthe
Central Counting Station if required and judge of the Early Voting Balloting Board.
a. The City Secretary shall be responsible for notification of each Election Day
and early voting presiding judge and alternate judge of his or her appointment. The presiding
election judge of each polling place will use his/her discretion to determine when additional
manpower is needed during peak voting hours. The City Secretary will determine the
number of clerks to work in the Central Counting Station and the number of clerks to work
on the early voting ballot board. The Contracting Officer with the approval of the Court shall
utilize election judges appointed by the City Council.
b. The City Secretary shall compensate each election judge and worker. Each
judge and worker shall receive compensation per hour for services rendered based on rates
set by the City Council.
c. Election Judges shall attend the Contracting Officer's school of instruction
(Elections Seminar) to be held Thursday, May 10, 2007, in the Denton County
Administration Building, 401 West Hickory, Denton 76201 or other location to be
announced at 9:00 a.m.
d. Election judges shall be responsible for picking up and returning election
supplies. Compensation for this pickup and return will be $25.00.
B. The City Secretary shall procure election kits and election supplies. These items are
available through the Contracting Officer.
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a. The City Secretary shall secure all supplies including locks, pens, magic
markers, etc. Some of these items are available through the Contracting Officer.
b. The City Secretary shall secure all tables, chairs, duplication ballots, and legal
documentation required to run the central counting station and/or early voting ballot board.
C. The City Secretary shall be appointed the Early Voting Clerk by the City of Denton
for the election in Denton County.
a. The Contracting Officer shall supervise and conduct Early Voting by mail.
b. Early Voting by personal appearance for the City of Denton May 12, 2007,
Election in Denton County shall be conducted on weekdays beginning Monday, April 30,
2007, and continuing through Tuesday, May 8,2007. Times are as follows: April 30, 2007
through May 4'\ 8:00am to 5:00pm.; May 5th, 10:00 a.m. to 2:00 p.m. and May 7'h - 8th,
7:00am to 7:00pm. Locations and times of voting by personal appearance shall be as per the
city election order.
c. All applications for an Early Voting mail ballot shall be received and
processed by the Denton County Elections Administration Office, P.O. Box 1720, Denton,
Texas 76202.
I. Applications for mail ballots erroneously mailed to the City of Denton
shall immediately be faxed to the Contracting Officer for timely processing. The original
application shall then be forwarded to the Contracting Officer for proper retention.
2. All Federal Post Card applications (FPCA) will be sent a mail ballot.
No postage is required.
d. All Early Voting ballots (those cast by mail and those cast by personal
appearance) shall be prepared for count by the Early Voting Ballot Board in accordance with
Section 87.000 of the Texas Election Code. The presiding judge of this Board shall be
appointed by the City Council. The Board shall meet for preparation of the early voting
ballots on when ordered by the City Secretary.
D. The City Secretary shall arrange for the use of all Election Day polling places.
Denton County shall assume the responsibility of remitting 50% of the cost of all employee
services required to provide access, provide security, or provide custodial services for the
early voting and election day polling locations used that are located within the City of Denton
jurisdiction boundaries, Denton County Texas.
E. The City Secretary shall be responsible for tabulation of the voted ballots (if using
paper ballots) in accordance with Section 127.000 of the Election Code and of this
agreement.
a. The Public Logic and Accuracy Test ofthe electronic voting system shall be
conducted on Tuesday, March 27, 2007*, at 9:00 A.M., by the Contracting Officer. (*This
date is subject to change based on receipt of jurisdiction ballot information and
programming. If date is changed, the City Secretary will be notified at least 48 hours prior to
test).
b. Election night reports will be available to Council at the Elections Office on
election night or through the cities local tabulation.
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c. The City Secretary shall be responsible for returning the MBBs from the
eScans if used, the Judges Booth Controller with MBB inside, Provisional ballots and any
state required paperwork for tabulation by Saturday May 12, 2007.
d. The Contracting Officer shall be appointed the custodian of the voted ballots
and shall retain all election material for a period of22 months.
I. Pending no litigation and as prescribed by law, the voted and unused
ballots shall be shredded or recycled 22 months after the election.
2. The Council can obtain the list of registered voters from the Elections
Administration Office during this retention period. Pending no litigation and ifthe Council
does not request the lists, the Contracting Officer shall destroy them 22 months after the
election.
e. The Contracting Officer shall conduct a partial manual count as prescribed by
Section 127.201 of the Texas Election Code and submit a written report to the Council in a
timely manner. The Secretary of State may waive this requirement. If applicable, a written
report shall be submitted to the Secretary of State as required by Section 127.201(e) of the
aforementioned code.
II. Duties and Services of the Contracting Officer. The Contracting Officer shall assume the
following responsibilities:
A. The County shall prepare the election orders, resolutions, notices, justice department
submissions, official canvass and other pertinent documents for adoption by the Commissioners
Court for the County portion of the election.
a. The Contracting Officer shall publish and post the Notice ofthe Public Logic
and Accuracy Test of the electronic voting system and one press release. The Contracting
Officer shall also prepare a certification of tabulation and an unofficial canvass reports that
will assist the City with the official canvass.
b. The Contracting Officer assumes the responsibility of posting all notices and
likewise posting the schedules for Early Voting and Election Day for each location where the
county ballot will appear.
B. The County shall provide the Contracting Officer with the ballot wording and Spanish
interpretation.
a. The County shall deliver to the Contracting Officer as soon as possible, but no
later than noon Wednesday, March 14, 2007, the official wording in English and Spanish for
the County's May 12, 2007, Special Elections.
b. The County shall approve the "blue line" ballot format prior to the final
printing.
c. The Contracting Officer shall provide all lists of registered voters required for
use on Election Day and for the early voting period required by law. The Election Day list of
registered voters shall be arranged in alphabetical order by polling place in lieu of alphabetic
by each precinct in each polling place. The Contracting Officer may use the computer
database for the list of registered voters during early voting.
d. The Contracting Officer shall procure and arrange for the distribution of all
election equipment and supplies required to hold an election if requested by the City.
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I. Equipment includes the rental of voting machines, ballot boxes,
transfer cases, voting signs, and directional poles and tote boxes.
2. Supplies include ballots, sample ballots, early voting mail ballots,
pens, tape, markers, etc.
C. The County shall post the publication of election notice by the proper methods with
the proper media for the county's portion of the election.
D. The County shall prepare and submit to the U.S. Department of Justice under the
Federal Voting Rights act of 1965, any required submissions on voting changes.
E. The County shall compensate the City for any additional election costs incurred in the
process of running this election or for a re-count this election may require.
F. The County shall pay a prorated cost of conducting the said election, pursuant to the
Texas Election Code, Section 31.100.
G. The City shall provide the Contracting Officer with a "final" list of the jurisdictions
allowed to vote in this election. This list will be provided to the Contracting Officer not later than
March 14,2007.
III.
Cost of Services.
Costs of services will be prorated for ballots based on the City of
Denton precincts voting. The City of Denton will reimburse 50% of
ballot printing costs. Costs oflabor and election supplies will be split
50/50 with Denton County or other calculated rate if additional
jurisdictions participate in the City of Denton jurisdiction area of
Denton County. See Annex A attached.
IV. General Provisions.
A. Nothing contained in this contract shall authorize or permit a change in the officer
with whom or the place at which any document or record relating to the City's May 12, 2007,
General Election is to be filed or the place at which any function is to be carried out, or any
nontransferable functions specified under Section 31.096 of the Texas Election Code.
B. Upon request, the Contracting Officer will provide copies of all invoices and other
charges received in the process of running said election for the Council.
C. If the City cancels their election pursuant to Section 2.053 of the Texas Election
Code, the City remains obligated to conduct the county portion ofthis election. An entity canceling
an election will be reimbursed for costs incurred by the Contracting Officer in conducting the May
12,2007, General Election on a prorated basis if applicable.
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.
D. The Contracting Officer shall file copies ofthis contract with the County Auditor of
Denton County, Texas.
WITNESS BY MY HAND THIS THE Z :, DAY OF /VI ~
,2007.
DENTON COUNTY, TEXAS
\~
By: ~ iA.-L/
DON ALEXA ER -
Denton County Elections Administrator
Denton County, Texas
WITNESS BY MY HAND THIS THEli tf<..J DAY OF ~
6~~
Denton, Texas
,2007.
AP~O~~
Ed Snyder, City At(orney
Denton, Texas
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".
.'
EXHIBIT B
INTERLOCAL AGREEMENT
City of Denton
AN AGREEMENT BETWEEN THE City of Denton, TEXAS AND THE
COUNTY OF DENTON, TEXAS FOR RENTAL OF VOTING MACHINES
& EQUIPMENT, AND THE PURCHASE OF VOTING SUPPLIES.
Section I. Denton County, Texas, a corporate body politic, hereinafter designated as
"the County," represented in this agreement by the Elections Administrator, hereby agrees to rent the
following voting machines to the hereinafter-identified organization on the terms stated below.
Section 2. The City of Denton, Texas, 215 East McKinney, hereinafter designated as
"Renter," has requested the rental ofthirty (30) Hart eSlate DAD ORE voting machines at $300.00
per machine, one (1) computer, various election equipment and supplies, and election programming
per the terms stated below or Annex A which is attached for the May 12, 2007 election.
Section 3. City of Denton will deliver to Denton County no later than March 14,2007
the ballot text in both English and Spanish by fax to 940-349-3201 or via email to
tamra.keillia1dentoncountv.com for election programming.
Section 4. The rental period of voting machines shall commence on the 26th day of
April, 2007 and shall not extend to a date which will interfere with subsequent elections for which
the County is responsible for providing the voting machines for public uses, and to this end will, in
compliance with the Election Code, Article 7.14, Section 20, obtain a Court Order, at the Renter's
expense, permitting the affected voting machine to be cleared and available to the County, no later
than the tenth day after the first election for which the voting machines were rented.
Section 5. Only voting machines that the County believes to be in safe operating
condition will be provided, and the Renter agrees to hold the County harmless for any damages
arising from the Renter's use of voting machines.
Section 6. Renter agrees to return the voting machines in the same condition as when
received, normal and considerate usage wear expected. Renter agrees to reimburse the County for the
costs to repair damages to the said machines during such time as the County does not have control
custody of said machines.
Section 7. The said Election Day machines will be delivered by the County to City of
Denton, 215 East McKinney, Denton, Texas, for a delivery fee of$89.00 each for delivery and
pickup by the County at said place.
Section 8. This contract should be accompanied with a deposit of90% (see annex A) of
the estimated election cost. Contracts received without the deposit will be returned which may
jeopardize the availability of equipment for the election. Elections that are cancelled will receive a
refund of the deposit less a $75.00 contract processing fee.
Section 9.
That this Agreement shall become effective from and after its date of passage.
Section }2;tvJn witness oft~gr~ent, the County and the Renter affix their signatures
"" <h;",h,. d'yoyga; '007 ~ ~C? '
George C. Campbell JvJ
City Manager ()
City of Denton, Texas
[Seal]
ATTEST:
M
Ed Snyder
City Attorney
City of Denton, Texas
APPROVED:
~.~~
Don Alexander, Elections Administrator
Elections Administrator
Denton, County, Texas
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