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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. -1- 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.) -2- 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. -3- 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. -4- 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 -5-