Item 4BCITY OF
WSOUTHLAKE
MEMORANDUM
September 11, 2008
To: Shana Yelverton, City Manager
From: Lori Payne, City Secretary
Subject: Resolution No. 08-041A, Approve joint election agreements
with Tarrant County Elections Administration and Denton
County Elections Administration and amend election
procedures for the November 4, 2008 special Local Option
Election to legalize the sale of beer and wine for off-premise
consumption only
Action Requested: Approval of Resolution No. 08-041A, an amendment to the original
resolution, for joint election agreements with Tarrant County (TC)
Elections Administration and Denton County (DC) Elections
Administration and amend election procedures for the November 4,
2008 special Local Option Election.
Background
Information: Resolution No. 08-041 was originally approved on August 19, 2008
to call a Local Option Election for November 4, 2008.
Texas Petition Strategies, Inc. and their client, HEB Central Market,
submitted a petition meeting the requirements of State law which
then required City Council to call a local option election on the next
uniform election date.
Resolution No. 08-041A is an amendment to approve contracts with
both Denton County Elections Administration and Tarrant County
Elections Administration. Since the City is geographically located in
both counties and by law each county must conduct their own
General (or Presidential) Election and provide a polling place in the
county which the voters preside, it is recommended that the City
contract with both Denton County and Tarrant County Elections
Administrations to allow for the following conditions:
➢ During the period of Early Voting, TC voters can vote a
single, unified ballot at agy TC early voting site AND DC
voters can vote a single, unified ballot at any DC early
voting site.
➢ On Election Day, TC and DC voters can vote a single,
unified ballot at their respective polling places in
accordance with their precinct numbers.
Contracting with both entities will simplify the process for DC voters
by allowing them the opportunity to vote both elections at one
location.
If approved by Council, the City will use a comprehensive
communication strategy to reduce voter confusion about locations
of polling places including: the local newspapers, City of Southlake
dot com, Southlake in Review and the Connect CTY phone system.
Denton County's contract is attached as Exhibit A for an estimated
contract amount of $2,236.85. Final contract costs cannot be
determined until after Election Day when payroll costs are tallied for
the election clerks. Tarrant County's contract will be forwarded to
Council prior to Tuesday's meeting.
Financial Impact: Election costs are included in the City Secretary's Office budget
Citizen Input/
Board Review: Not applicable
Legal Review: City Attorney has reviewed resolution
Supporting
Documents: Resolution No. 08-041A
Exhibit A - Contract from Denton County Election's Administration
Exhibit B - Contract from Tarrant County Election's Administration
(forwarded prior to the meeting)
RESOLUTION NO. 08-041A
A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS AMENDING
RESOLUTION NO. 08-041 WHICH CALLED FOR A SPECIAL LOCAL
OPTION ELECTION PURSUANT TO THE TEXAS ELECTION CODE TO
BE HELD ON NOVEMBER 4, 2008 BY APPROVING AGREEMENTS
FOR ELECTION SERVICES WITH TARRANT AND DENTON
COUNTIES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas, is a home-rule municipality acting
under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the
Texas Constitution and Chapter 9 of the Local Government Code; and,
WHEREAS, the city has received a petition in conformance with the
requirements of Chapter 501 of the Texas Election Code (the "Code") requesting that
the City call a local option election; and,
WHEREAS, the city council previously approved Resolution No. 08-041 calling
the local option election; and,
WHEREAS, by this resolution the City will enter into a Agreements for Election
Services with Tarrant County and Denton County; and,
WHEREAS, the changes from prior practices may require pre-clearance under
the Federal Voting Rights Act.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS, THAT:
SECTION 1.
. Resolution No. 08-041 is hereby amended by revising Section 3 to provide for
the approval of agreements for election services with Tarrant and Denton Counties, and
by revising Sections 4, 5 and 6 to reflect that the Denton County Elections Administrator
will perform election functions for Southlake residents in Denton County, so that the
resolution now reads in its entirety as follows:
Section 1. SPECIAL ELECTION CALLED: A special election shall be held in the City of
Southlake, Texas, on Tuesday, November 4, 2008, at which the following will be on the
ballot:
FOR THE LEGAL SALE OF BEER AND WINE FOR OFF-PREMISE
M AGAINST CONSUMPTION ONLY
Section 2. POLLING PLACE: The polling places for the Special Election are
established in the Agreements. The polls shall be open from 7:00 a.m. to 7:00 p.m. on
Election Day in accordance with and pursuant to the requirements of the Code.
Section 3. JOINT ELECTION AGREEMENTS. The Contract for County of Denton
Election Services attached hereto as Exhibit "A" and incorporated for all purposes and
the Contract for Tarrant County Election Services attached hereto as Exhibit "B" and
incorporated herein for all purposes, are hereby approved by the Southlake City
Council, and hereinafter referred to as the "Agreement" or "Agreements".
Section 4. APPOINTMENT OF ELECTION JUDGE AND ALTERNATE ELECTION
JUDGE. The Presiding Election Judge and Alternate Presiding Judge shall be
appointed by the Tarrant County Election's Administrator and the Denton County
Election's Administrator as provided in the Agreements.
Section 5. METHOD OF VOTING Early voting by personal appearance and Election
Day voting shall be conducted as provided in the Agreements. All expenditures
necessary for the conduct of the election, the purchase of materials therefore, and the
employment of all election officials are hereby authorized, and shall be conducted in
accordance with the Agreement and the Code.
Section 6. EARLY VOTING.
a. Early voting by personal appearance. Early voting by personal appearance
shall commence October 20, 2008 and shall continue until October 31, 2008 between
the hours of 8:00 a.m. and 5:00 p.m. on each day that is not a Saturday, Sunday, or an
official state holiday. Additional early voting hours by personal appearance will be
established in the Agreements.
b. Early voting by mail. For Tarrant County residents, Steve Raborn, the Tarrant
County Election Administrator ("Tarrant Elections Administrator") is hereby designated
as Early Voting Clerk for the special election. Applications for early voting by mail for
Tarrant County residents may be delivered to the Tarrant County Election's
Administrator at the following address: Early Voting Clerk, 2700 Premier Street, Fort
Worth, Texas 76111. For Denton County residents, Don Alexander is hereby
designated as Early Voting Clerk for the special election. For Denton County residents,
applications for early voting by mail may be delivered to the Denton County Election's
Administrator at P.O. Box 1720, Denton, Texas 76202. All applications must be
received not earlier than September 5, 2008 and not later than close of business on
October 17, 2008, if delivered in person, and October 28, 2008 if delivered by mail.
c. Early voting Ballot Boards. Early voting, both by personal appearance and by
mail shall be canvassed by an Early Voting Ballot Boards which are hereby created for
Tarrant and Denton Counties. The Presiding Election Judge and Alternate Presiding
Election Judge, appointed according to the Agreements, shall serve as the presiding
officer and alternate presiding officer, respectively, of the Early Voting Ballot Boards for
each County. The other election officers serving at the election shall serve as the other
members of the Early Voting Ballot Boards.
Section GOVERNING LAW AND QUALIFIED VOTERS: The election shall be held in
accordance with the Constitution of the State of Texas and the Code, and all resident
qualified voters of the City shall be eligible to vote at the election.
Section 8. PUBLICATION AND POSTING OF NOTICE OF ELECTION: Notice of the
election shall be published in accordance with Chapter 4 of the Code and the City
Charter.
Section 9. SUBMISSIONS TO THE UNITED STATES JUSTICE DEPARTMENT: The
City Secretary of the City of Southlake is authorized to make such submissions as are
necessary to the United States Justice Department to seek pre-clearance approval for
additional length of the absentee voting period.
Section 10. DELIVERY OF RETURNS In accordance with the Code, immediately after
the closing of the polls on the day of the election, the election officers named in this
resolution shall make and deliver the returns of the election in triplicate as follows: one
copy shall be retained by the Presiding Judge; one copy shall be delivered to the Mayor
of the City; and one copy of the returns together with the ballot boxes and all election
supplies shall be delivered to the City Secretary. All election records and supplies shall
be preserved by the City Secretary in accordance with the Code.
Section 11. NECESSARY ACTIONS: The Mayor and the City Secretary of the City, in
consultation with the City Attorney, are hereby authorized and directed to take any and
all actions necessary to comply with the provisions of the Code in carrying out and
conducting the election, whether or not expressly authorized herein.
Section 12. EFFECTIVE DATE: This resolution shall be effective upon its adoption.
PASSED AND APPROVED THIS THE DAY OF -,2008.
CITY OF SOUTHLAKE, TEXAS
BY:
Mayor
ATTEST:
City Secretary
Exhibit A
THE STATE OF TEXAS II CONTRACT FOR
COUNTY OF DENTON ELECTION SERVICES
CITY OF SOUTHLAKE
BY THE TERMS OF THIS CONTRACT made and entered into by and between the City
of Southlake, as duly authorized by the City Council hereinafter referred to as the Council, serving
by and through its Mayor, 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 Southlake, November 4,
2008, Local Option Election in Denton County.
THIS AGREEMENT is entered into in consideration ofthe mutual covenants and promises
hereinafter set out. IT IS AGREED AS FOLLOWS:
I. DUTIES AND SERVICES OF CONTRACTING OFFICER The Contracting Officer
shall be responsible for performing the following duties and shall furnish the following services and
equipment:
A. The Contracting Officer shall arrange for appointment, notification (including writ of
election), training and compensation of all presiding judges, alternate judges, the judge of the
Central Counting Station if required and judge of the Early Voting Balloting Council.
a. The Contracting Officer 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 Contracting Officer 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 Council shall utilize election judges appointed by the Denton County Commissioners
Court.
b. The Contracting Officer shall compensate each election judge and worker.
Each judge and worker shall receive compensation per hour for services rendered based on
rates set by Denton County Commissioners Court.
C. Election Judges shall attend the Contracting Officer's school of instruction
(Elections Seminar) to be held November 1, 2008 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 Contracting Officer shall procure, prepare, and distribute ballots, election kits
and election supplies.
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a. The Contracting Officer shall secure election kits that include the legal
documentation required to hold an election and all supplies including locks, pens, magic
markers, etc.
b. The Contracting Officer shall secure all tables, chairs, duplication ballots, and
legal documentation required to run to the central counting station and/or early voting ballot
board.
C. The Contracting Officer shall provide all lists ofregistered 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.
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 Elections Administrator of Denton County, Texas, shall be appointed the Early
Voting Clerk by the City of Southlake for the election in Denton County.
a. The Contracting Officer shall supervise and conduct Early Voting by mail and
in person and shall secure personnel to serve as Early Voting Clerks.
b. Early Voting by personal appearance for the City of Southlake, November 4,
2008, Local. Option Election in Denton County shall be conducted on weekdays beginning
Monday, October 20, 2008, and continuing through Friday, October 31, 2008. Times are as
follows: October 20, 2008 through October 24th, 8:00am to 5:00pm; Saturday, October 25th
Tarn - 7pm, Sunday October 26tn 1 pm - 6 pm, October 27th through October 31 st, 7:00arn
through 7:00pm. Locations and times of voting by personal appearance shall be as per
Denton County Elections Memo at Annex B.
G. 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.
1. Applications for mail ballots erroneously mailed to the City of
Southlake 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
TBA . The Board shall meet for preparation of the early voting ballots on (as
ordered by Commissioners Court.)
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D. The Contracting Officer shall arrange for the use of all Election Day polling places.
The City of Southlake 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 Southlake, Denton
County Texas.
E. The Contracting Officer shall be responsible for tabulation of the voted ballots in
accordance with Section 127.000 of the Election Code and of this agreement. Counting Station
Manager shall be the Elections Administrator of Denton County, Texas. The Tabulation Supervisor
and Tabulation Operator shall be provided by the Denton County Elections Administration Office
and paid as a contract expense,
a. The tabulation supervisor shall prepare, test and run the county's tabulation
system in accordance with statutory requirements and county policies, under the auspices of
the Contracting Officer.
b. The Public Logic and Accuracy Test of the electronic voting system shall be
conducted on rovided at a later elate by the Contracting Officer. (This date is subject to
change based on receipt of jurisdiction ballot information and programming. If date is
changed, you will be notified at least 48 hours prior to test)
C. Election night reports will be available to Council at the Elections Office on
election night.
d. The Contracting Officer shall prepare the unofficial canvass report after
all precincts have been counted, and will provide a copy of the unofficial canvass to
the Council as soon as possible after all returns have been tallied.
e. The Contracting Officer shall be appointed the custodian of the voted ballots
and shall retain all election material for a period of 22 months.
1. 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 if the Council
does not request the lists, the Contracting Officer shall destroy them 22 months after the
election.
f. 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.
11. Duties and Services of .the Council. The Council shall assume the following
responsibilities:
A. The Council shall prepare the election orders, resolutions, notices, justice department
submissions, official canvass and other pertinent documents for adoption by the appropriate office or
body.
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a. The Contracting Officer shall publish and post the Notice of the 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 Council with the official canvass.
b. The Council assumes the responsibility of posting all notices and likewise
posting the schedules for Early Voting and Election Day.
B. The Council shall provide the Contracting Officer with the ballot wording and
Spanish interpretation.
a. The Council shall deliver to the Contracting Officer as soon as possible, but
no later than 3:00 pm Wednesday, August 27, 2008, the official wording in English and
Spanish for the Council's November 4, 2008, Local Option Election.
b. The Council shall approve the "blue line" ballot format prior to the final
printing.
C. The Council shall post the publication of election notice by the proper methods with
the proper media.
D. The Council 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 Council shall compensate the Contracting Officer for any additional election
costs incurred in the process of running this election or for a re-count this election may require.
F. The Council shall submit with this signed contract a deposit of 90% of the estimated
election cost. The contract will not be accepted without this deposit.
G. The Council shall pay a prorated cost of conducting the said election, plus the 10%
administrative fee, pursuant to the Texas Election Code, Section 31.100, within 30 days from the
date of final billing.
H. The Council 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 no
later than ate/Time will be Provided at a later time).
M. Cost of Services. Costs of services will be prorated for ballots based on the city of
Southlake precincts voting. The City of Southlake will reimburse
50% of ballot printing costs. Costs of labor and election supplies will
be split 50150 with Denton County. The City of Southlake will pay
100% of all programming fees. See Annex A attached.
IV. General Provisions.
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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 Council's November 4,
2008, Local Option Election is to be filed or the place at which~zavfi~ns+is: s#o h,~^~ri~a o~~, or
any nontransferable fig tior ,~~y r3 --4- C---- 1 _ P<,__ m
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 Council cancels their election pursuant to Section 2.053 of the Texas Election
Code, the Contracting Officer shall be paid a contract preparation fee of $75. An entity canceling an
election will not be liable for any further costs incurred by the Contracting Officer in conducting the
November 4, 2008, Local Option Election.
D. The Contracting Officer shall file copies of this contract with the County Judge and
the County Auditor of Denton County, Texas.
WITNESS BY MY HAND THIS THE DAY OF , 2008.
DENTON COUNTY, TEXAS
By:
DON ALEXANDER
Denton County Elections Administrator
Denton County, Texas
WITNESS BY MY HAND THIS THE DAY OF 2008
Mayor
City of Southlake,
Denton County, Texas
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