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Item 10A ResolutionRESOLUTION NO. 04 -017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, CALLING FOR A GENERAL ELECTION TO BE HELD ON MAY 15, 2004; DESIGNATING A POLLING PLACE; ESTABLISHING AN ELECTION PRECINCT WITHIN THE CITY; APPOINTING AN ELECTION JUDGE AND AN ALTERNATE ELECTION JUDGE; ESTABLISHING PROCEDURES FOR EARLY VOTING; AGREEING TO CONDUCT THE ELECTION JOINTLY WITH CARROLL INDEPENDENT SCHOOL DISTRICT; AUTHORIZING THE EXECUTION OF A CONTRACT FOR ELECTION SERVICES WITH TARRANT COUNTY ELECTIONS ADMINISTRTION; AUTHORIZING THE CITY SECRETARY TO MAKE SUBMISSIONS TO THE UNITED STATES JUSTICE DEPARTMENT FOR PRE - CLEARANCE APPROVAL; ESTABLISHING OTHER PROCEDURES FOR CONDUCTING THE ELECTION; ESTABLISHING A DATE FOR CANVASSING RETURNS; ESTABLISHING A DATE FOR A RUN -OFF ELECTION, IF NECESSARY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 41.001 of the Texas Election Code (the "Code ") specifies that the third Saturday in May shall be a "Uniform Election Date" and that a General Election of a city may be held on such day; and, WHEREAS, state law and the charter of the City of Southlake require that a general election be held; and, WHEREAS, by this resolution, it is the intention of the City Council to officially establish the election precincts within the City, to designate a polling place for the election, to appoint the necessary election officers and to establish and set forth procedures for conducting the election; and, WHEREAS, Carroll Independent School District and the City of Southlake, Texas desire to conduct a joint election pursuant to the provisions of the Texas Election Code, including the conduct of joint early voting and to provide for the sharing of expenses; and, WHEREAS, Section 271.002 of the Texas Election Code provides for joint elections upon the passage of a resolution by each governing bodies participating therein reciting the terms of the agreement, including the method for allocating expenses for the election; and, WHEREAS, the City of Southlake and Carroll ISD desire to select the Tarrant County Elections Administrator to conduct and coordinate the joint election; 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 SOUTHLAKE, TEXAS, THAT: Section 1. GENERAL ELECTION CALLED A general election shall be held in the City of Southlake, Texas, on Saturday, May 15, 2004, at which the following officers will be elected: COUNCILMEMBER, PLACE 3 COUNCILMEMBER, PLACE 4 COUNCILMEMBER, PLACE 5 Section 2. TERM OF OFFICE In accordance with the City Charter, the candidate for each of the offices receiving the majority of votes shall be elected to a three (3) year term beginning May 2004 and ending May 2007, or until a successor is duly elected and qualified. Section 3. ELIGIBILITY FOR CANDIDACY In accordance with the City's Charter, no person shall be eligible for the Office of Mayor or Councilmember unless he or she is a qualified elector of the City and has resided in the City for at least twelve (12) months preceding the election at which he or she is to be elected. Section 4. APPLICATION FOR A PLACE ON THE BALLOT Any eligible and qualified person shall have his name printed upon the official ballot as a candidate for the offices herein set forth by filing his sworn application with the City Secretary not earlier than February 14, 2004, and not later than 5:00 p.m., March 15, 2004. The order in which the names of the candidates are to be printed on the ballot shall be determined by a drawing by the City Secretary. Notice of the time and place for such drawing shall be given in accordance with the Code. Section 5. The City Manager is authorized to execute the Contract for Election Services with Tarrant County Elections Administrator and the City of Southlake, attached hereto as Exhibit "A." Section 6. The City Manager is authorized to execute the Agreement for Joint Election Between the City of Southlake and the Carroll Independent School District, attached hereto as Exhibit « » Section 7. ELECTION PRECINCTS In accordance the Code, the City Council hereby establishes its election precincts for all municipal elections. From and after the effective day of this Resolution, the corporate limits of the City shall constitute a single municipal election precinct. Section 8. POLLING PLACE: The polling place for the General Election shall be Carroll High School, 800 North White Chapel Boulevard, Southlake, Texas. 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 9. APPOINTMENT OF ELECTION JUDGE AND ALTERNATE ELECTION JUDGE: The following named individuals, residing at the respective addresses are hereby appointed to serve as Presiding Election Judge and Alternate Presiding Election Judge, respectively, at the election: PRESIDING JUDGE: Robert Flaherty, 1211 Cross Timber Drive, Southlake, Texas 76092 ALTERNATE JUDGE: Zoe Stefansson, 912 Raven Court, Southlake, Texas 76092 The Election Judge and Alternate Judge shall be qualified voters of the City. The City Secretary shall deliver to the Presiding Judge and Alternate Judge, notice of their appointments not later than twenty (20) days from the effective date of this Resolution. Section 10. APPOINTMENT OF CLERKS: The Presiding Judge for the polling place may appoint as many additional clerks as are necessary for the proper conduct of the election. All Election Clerks shall be qualified voters of the City. Section 11. COMPENSATION OF THE ELECTION JUDGE AND ELECTION CLERKS: The Presiding Election Judge and Alternate Presiding Judge shall be compensated at a rate of $9.00 per hour. Each Election Clerk shall be compensated at the rate of $8.00 per hour. The Presiding Election Judge shall also be paid the additional sum of $25.00 for delivering the returns of the election. Section 12. METHOD OF VOTING: The Tarrant County Elections Administrator is hereby authorized and instructed to provide and furnish all necessary election supplies to conduct the General Election, in accordance with this resolution. Voting on election day shall be by OPTECH 111 -P Eagle electronic voting machines. Early Voting shall be by Direct Recording Electronic Equipment. The City Secretary is authorized to execute the Agreements with the Tarrant County Elections Administrator (attached hereto as Exhibits "C" and "D ") to rent the equipment. Section 13. 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 14. PUBLICATION AND POSTING OF NOTICE OF ELECTION: Notice of the election shall be published once a week for two consecutive weeks, no earlier than April 15, 2004, and no later than May 5, 2004, in the newspaper in accordance with the provisions of the Code and the City Charter. Additionally, notice shall be posted no later than April 24, 2004, in the regular place for posting notice of meetings of the City Council of the City, and shall remain posted continuously through election day, May 15, 2004. Section 15. EARLY VOTING Robert Parten, Tarrant County Elections Administrator, is designated Early Voting Clerk, and Lori Farwell, City Secretary, will serve as Deputy Early Voting Clerk. Early Voting by personal appearance shall be conducted between the hours of 8:00 a.m. and 5:00 p.m. on each day which is not a Saturday, Sunday, or an official State Holiday, beginning on April 28, 2004, and continuing through May 11, 2004, with extended hours from 10:00 a.m. to 2:00 p.m. on May 8, 2004, and from 7:00 a.m. to 7:00 p.m. on May 10 and 11, 2004. Early voting hours shall include: April 28, 2004 Wednesday 8:00 a.m. to 5:00 p.m. April 29, 2004 Thursday 8:00 a.m. to 5:00 p.m. April 30, 2004 Friday 8:00 a.m. to 5:00 p.m. May 1, 2004 Saturday Closed May 2, 2004 Sunday Closed May 3, 2004 Monday 8:00 a.m. to 5:00 p.m. May 4, 2004 Tuesday 8:00 a.m. to 5:00 p.m. May 5, 2004 Wednesday 8:00 a.m. to 5:00 p.m. May 6, 2004 Thursday 8:00 a.m. to 5:00 p.m. May 7, 2004 Friday 8:00 a.m. to 5:00 p.m. May 8, 2004 Saturday 10:00 a.m. to 2:00 p.m. May 9, 2004 Sunday Closed May 10, 2004 Monday 7:00 a.m. to 7:00 p.m. May 11, 2004 Tuesday 7:00 a.m. to 7:00 p.m. Early Voting by personal appearance shall be held at the Southlake Town Hall, 1400 Main Street, 3 rd Floor Training Rooms, Southlake, Texas 76092. Applications for early voting by mail shall be delivered to the City Secretary at the same address not earlier than March 16, 2004, and not later than the close of business on May 7, 2004. Applications may be delivered in person to the City Secretary until April 27, 2004. Early Voting by personal appearance shall be by direct recording electronic voting machines and shall be canvassed by the Early Voting Ballot Board, which is hereby created. The Early Voting Ballot Board Judge shall be Jeanne Lyons. Additional personnel shall be appointed by the Ballot Board Judge. Section 16. RUNOFF ELECTION In accordance with Section 2.025(b)(2) of the Code, in the event no candidate receives a majority of votes for an office, there shall be a runoff election held on June 19, 2004. Section 17. 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 18. 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. The City Secretary in accordance with the Code shall preserve all election records and supplies. Section 19. 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 20. EFFECTIVE DATE This resolution shall be effective upon its adoption. PASSED AND APPROVED THIS THE DAY OF MARCH 2004. CITY OF SOUTHLAKE, TEXAS Andy Wambsganss Mayor ATTEST: Lori A. Farwell City Secretary EXHIBIT A CONTRACT FOR ELECTION SERVICES WITH TARRANT COUNTY ELECTIONS ADMINISTRATIONAND CITY OF SOUTHLAKE THIS CONTRACT made this day of , 2004, by and between Billy Campbell, acting by and through the Governing Body of City of Southlake, hereinafter referred to as "Governing Body ", and Robert Parten, Elections Administrator of Tarrant County, Texas, hereinafter referred to as "Contracting Officer ", and by authority of Section 31.092(a), Texas Election Code, for the conduct and supervision of the General Election on May 15, 2004. WHEREAS, on May 15, 2004, the City of Southlake will hold a General Election and Carroll Independent School District will hold a Board Member Election, the Governing Bodies have agreed to conduct the election jointly. Each political subdivision shall share the same polling place, but will have separate election officials, voting equipment, and ballots. The implementation and actual management of both elections shall be with Tarrant County Elections Administration. Early voting by personal appearance shall begin April 28, 2004, and end on May 11, 2004, with voting conducted on (DRE) Direct Recording Electronic Equipment, with all costs shared by both entities. Early voting by mail ballots will be separate and processed by the Elections Department. 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) Contact the owners or custodians of county- designated polling places or custodian of some other public (or if unavailable, private) building in the election precinct and arrange for its use as a polling place in the election. (b) Procure and distribute all necessary election supplies, including: (1) ballots; (2) election kits; (3) early voting equipment; and (4) rental of tables and chairs (c) Procure all necessary voting machines and equipment, transport machines and equipment to and from the polling places, and prepare the voting machines and equipment for use at the polling places, as described in separate Rental Agreement. The ballot boxes and voting booths are provided by the County. EXHIBIT A EXHIBIT A (d) DRE system including programming and testing, delivery and set up at the early voting location. (e) Arrange for the notification and compensation of the election judges and clerks. Conduct the training and distribute election supplies for election officials. (f) Supervise and conduct early voting in person and by mail. Arrange for the notification and compensation of the Deputy Early Voting Clerks. The early voting schedule, including days and hours of voting, are established in the Order of Election. Ballot by mail request shall be mailed to the Early Voting Clerk. Ballots shall be mailed to Early Voting Clerk, P. O. Box 961011, Fort Worth, Texas 76161 -0011 Robert Parten, Tarrant County Elections Administrator will serve as Early Voting Clerk and Lori Farwell, Southlake City Secretary, will serve as Deputy Early Voting Clerk. Additional Deputy Early Voting Clerks will be appointed to conduct early voting at Southlake Town Hall. (g) Assist at the central counting station to receive and tabulate the voted ballots at the Carroll High School, 800 North White Chapel Boulevard The Early Voting Ballot Board Judge shall be Jeanne Lyons Additional personnel shall be appointed by the Ballot Board Judge. (h) Conduct a manual count of at least one percent (1 %) of the election precincts or in three precincts, whichever is greater, and submit a written report. (i) Publish the legal notice of the date, time, and place of the test of the electronic tabulating equipment and conduct such test. (j) Assist in providing the general overall supervision of the election and provide the advisory services in connection with the decisions to be made and the actions to be taken by the governing body which is responsible for holding the election. (k) Prepare the unofficial canvass report and deliver copy to governing body as soon as possible, but in no event later than 10:00 AM on May 21, 2004. (1) Provide the same services, equipment, and supplies necessary for the City if a runoff election is required on June 19. 2004. (Cost will be based on the actual number of hours required in furnishing the additional services times the cost per hour specified in this contract, together with the actual cost for supplies, equipment, and rentals.) In the event a runoff election is necessary, the City and County will enter into an amendment to this contract. (m) Make arrangements for two (2) lists of registered voters from Denton County EXHIBIT A (n) Serve as custodian of election records and store election records as provided by law. DUTIES AND SERVICES OF GOVERNING BODY The Governing Body shall, at its sole cost and expense, perform the following: (a) Prepare appropriate documents for assisting the Contracting Officer in establishing precincts and polling places, election judges, and members of the Early Voting Ballot Board, if necessary. (b) Prepare all election orders, resolutions, notices, and other statutory documents for adoption and for execution by the appropriate officer. Take all actions required by law for calling the election, handling contests, canvassing the returns, and declaring the results. (c) Prepare and submit to the U. S. Department of Justice under the Federal Voting Rights Act of 1965, the required submissions on voting changes and procedures. (d) Prepare and publish in the official newspaper, or post, all required election notices. (e) Deliver to the Contracting Officer, the official wording that is to be printed on the ballot with the exact form, order, Spanish translation, and spelling that is to be used. The governing body shall approve the final form and wording of the proposed ballot. (f) Pay any additional costs incurred by the contracting officer if a recount for the election is required, or the election is contested in any manner. GENERAL CONDITIONS (a) Nothing contained in this contract shall authorize or permit a change in: (1) the officer with whom or the place at which any document or record relating to the election is to be filed; (2) the place at which any function is to be carried out; (3) the officers who will prepare the official canvass of the election returns; (4) the officer who will serve as custodian of the voted ballots or other election records; or (5) any other nontransferable functions specified by section 31.096 of the Texas Election Code. (b) The Contracting Officer is the agent of the Governing Body for the purposes of contracting with the third parties, with respect to the election expenses within the scope of the Contracting Officer's duties; and the Contracting Officer is not liable for the Governing Body's failure to pay a claim. EXHIBIT A EXHIBIT A (c) The Contracting Officer shall file copies of this contract with the County Judge and the County Auditor of Tarrant County, Texas. PAYMENT FOR SERVICES (a) Only the actual expenses directly attributable to the Contract may be charged, plus an administrative fee of 10% of such actual costs. (Section 31.100(b), Texas Election Code) (b) As partial payment of the Contract estimate of $9,205.90 the Governing Body shall pay to Tarrant County the sum of $4,500.00 at the time the contract is executed and the election is called. The balance for such services shall be paid within thirty (30) days from receipt of final billing. In the event said election is cancelled in accordance with Section 2.52, the Governing Body shall reimburse the county for any expenses incurred as of that date. WITNESS the following signatures and seal: BY: BILLY CAMPBELL, CITY MANAGER CITY OF SOUTHLAKE, TEXAS BY: ROBERT PARTEN, ELECTIONS ADMINISTRATOR TARRANT COUNTY, TEXAS EXHIBIT A EXHIBIT A ESTIMATE OF ELECTION SERVICES FOR SOUTHLAKE GENERAL ELECTION ONMAY1 , 2004 A. STATISTICAL INFORMATION 1. Eligible Voters 16,369 2. Estimated Turnout 30% 3. Number of election day polling places 1_ 4. Number of early voting locations _ 1_ 5. Number of ballots to order (includes early voting) B. COST OF ELECTION 1. Cost of Ballots (2 column, 1 side, 12 ", 2 changes) 2. Ballot Proofing /Distribution ( 8 hours x $20) 3. Voting system programming and testing (1/2)* 4. Election kits (does not include preparation) 1 Election Day 1_ Early Voting X $80 5. Polling Place Rental 6. Rental of Tables and Chairs _5,000_ ESTIMATE ACTUAL $ 1,000.00 $ $ 160.00 $ $ 40.00 $ $ 160.00 $ $ N/C $ $ N/C _ $ 7. Election Judges, Clerks, and EV Ballot Board a. 1 Loc X 2 (EJ & Alternate) X 9.00/hr X 13 hours 1 Loc X 10 clerks X 8.00/hr X 12 hours $ 1,194.00 $ b. Delivery of Supplies 1_ X $25 $ 25.00 $ c. Election Judge Training 1 X $10 $ 10.00 $ d. Preparation ( 3 hours x $20) $ 60.00 $ 8. Deputy Early Voting Clerks (1/2)* a. 1 EV locations: 4 Clerks x 100 Hours x 9.00 Hourly rate $ 3,600.00 $ b. Preparation( 5 hours x $20) $ 100.00 $ EXHIBIT A EXHIBIT A 9. Early Voting On -Line System (1/2)* a. 1 EV work stations x $250 $ 250.00 $ b. 2 Phone Lines (2 per work station) $ 60.00 $ c. Preparation ( 50 Hours X $20) $ 1,000.00 $ (Includes Runners, set -up, closing) $ 25.00 $ 10. Early Voting By Mail, and Support Personnel (1/2)* $ 8,369.00 $ ( 5 Hrs X $20) $ 100.00 $ 11. Preparation and distribution of supplies (1/2)* $ 9,205.90 $ and conduct training (EV) $ 20.00 $ 1 Hours x $20 12. Central Counting Station (1/2)* a. Technical support personnel 10 Hours X $20 $ 200.00 $ 13. Preparation of Canvass $ 40.00 $ 2 Hours x $20.00 14. List and /or Tape of Voters Who voted $ 100.00 $ a. Preparation b. Hard Copy 15. Manual Count $ 200.00 $ 16. Miscellaneous a. Election Day $ 25.00 $ b. Early Voting $ 25.00 $ COST OF ELECTION $ 8,369.00 $ Administrative Fee (10 %) $ 836.90 $ TOTAL COST OF CONTRACT $ 9,205.90 $ Rental Agreement for IIIP Eagles (Includes transportation & preparation of machines and voting booths) 1 X $200 $ 200.00 $ TOTAL COST OF ELECTION $ 9,405.90 $ *Costs to be shared by the City of Southlake and Carroll Independent School District. Section 31.000, (c) Election Code, If the estimated expenses, not including the fee charged under Subsection (d), exceed the actual expenses, the amount of the difference shall be refunded to the Contracting Authority. Section 2.052, Election Code, In the event the election, or any part thereof, is canceled, the Governing Body shall reimburse the County for only those expenses incurred. EXHIBIT A EXHIBIT A SATURDAY, MAY 15, 2004 CITY OF SOUTHLAKE AND CARROLL ISD EARLY VOTING SCHEDULE April 28 - 30 Wednesday - Friday 8:00 a.m. - 5:00 p.m. May 1-2 Saturday - Sunday Closed May 3 — 7 Monday - Friday 8:00 a.m. - 5:00 p.m. May 8 Saturday 10:00 a.m.— 2:00 p.m. May 9 Sunday Closed May 10 - 11 Monday - Tuesday 7:00 a.m. — 7:00 p.m. 60 Days Prior Tuesday, March 16 First day to accept mail ballot applications 45 Days Prior Wednesday, March 31 First day to mail ballots if available 30 Days Prior Thursday, April 15 Voter registration deadline 17 Days Prior Wednesday, April 28 First day of early voting in person 12 Days Prior Monday, May 3 Last day to enclose application for ballot in rejection letter; Last day to mail applications for ballots 9 Days Prior Thursday, May 6 Onset of illness date for voting late early ballot 8 Days Prior Friday, May 7 Last day for accepting mail ballot applications 4 Days Prior Tuesday, May 11 End of early voting in person NOTE: Runoff election dates vary with each jurisdiction. EXHIBIT A EXHIBIT B AGREEMENT FOR JOINT ELECTION BETWEEN THE CITY OF SOUTHLAKE AND CARROLL INDEPENDENT SCHOOL DISTRICT THIS AGREEMENT is made and entered into this day of , 2004, by and between the City of Southlake, acting by and through the City Manager Billy Campbell (hereinafter referred to as "City ") and Carroll Independent School District, acting by and through , (hereinafter referred to as "School District'). WHEREAS, the School District will conduct a Board of Trustees Election and the City will conduct its City Council Election; and, WHEREAS, it is desirable for voter convenience and to reduce the overall cost to each entity that said elections be held jointly on May 15, 2004; and, WHEREAS, the City of Southlake and Carroll ISD desires to select the Tarrant County Elections Administration to conduct and coordinate this joint election agreement.; NOW THEREFORE, 1. IN CONSIDERATION of the mutual project referenced herein, the parties hereto agree to hold the elections jointly on May 15, 2004, from 7:00 a.m. until 7:00 p.m., in accordance with Section 271.002, Texas Election Code, and that said elections will be conducted pursuant to the terms of this Agreement. 2. Early voting by Personal Appearance, beginning April 28, 2004, and ending on May 11, 2004, will be conducted jointly for both entities by Tarrant County Elections Administration. On Election Day, May 15, 2004, each entity will share the same polling place, but will have separate election officials, ballots, supplies and equipment. 3. By separate agreement, the Tarrant County Elections Administrator has agreed to coordinate, supervise and handle all aspects of administering the Joint Election in accordance with the provisions of the Texas Election Code as outlined in this Agreement. Each participating authority agrees to pay Tarrant County administrative costs as outlined in this Agreement. The Elections Administrator will serve as administrator for the election; however, each participating authority remains responsibility for the lawful conduct of their respective election. 4. The expenses of the election shall be borne proportionately by the City and Carroll ISD. 5. Should the City or Carroll ISD qualify under Section 2.051 of the Texas Election Code to cancel their election, notification of cancellation must be made the day following the last day to file for a place on the ballot including the filing deadline for write -in candidates. Should the City or School District cancel its election, the remaining City or School District will assume responsibility for established early voting and election day voting location(s) and election expenses. EXHIBIT B EXHIBIT B CITY OF SOUTHLAKE City Manager Date: ATTEST: City Secretary CARROLL INDEPENDENT SCHOOL DISTRICT President, CISD Board of Trustees Date: ATTEST: Secretary, CISD Board of Trustees EXHIBIT B EXHIBIT C THE STATE OF TEXAS COUNTY OF TARRANT EARLY VOTING EQUIPMENT Tarrant 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 work stations to the hereinafter identified organization on the terms stated below. City of Southlake, Texas hereinafter designated as "Renter ", has requested the rental of I Early Voting Workstation(s) at $ 250.00* per unit. I. The rental period for work station(s) shall commence on the 28 day of A ril 2004, and continue through the I I th day of May 2004. Rental shall not extend to a date which will interfere with subsequent elections for which the County is responsible. II. Only equipment which 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 use thereof. III. Renter agrees to reimburse the County for the costs to repair damages to the said equipment during such time as the County does not have control custody of said equipment. The equipment will be delivered by the County to: City of Southlake Designated Early Voting Site and picked up by the County at said place. In witness of this Agreement, we the County and the Renter affix our signatures on this day of 1 2004. TARRANT COUNTY, TEXAS Robert Parten Tarrant County Elections Administrator CITY OF SOUTHLAKE, TEXAS * Cost included in the Contract for Election Services Billy Campbell City Manager EXHIBIT C EXHIBIT D THE STATE OF TEXAS COUNTY OF TARRANT VOTING MACHINE RENTAL AGREEMENT Tarrant 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 machine(s) to the hereinafter identified organization on the terms stated below: City of Southlake 1400 Main Street, Suite 270 Southlake, Texas 76092 hereinafter designated as "Renter ", has requested the rental of 1 Optech III -P Eagle voting machine(s) at $ 200.00 per machine on the terms stated below. L Please forward a copy of your ballot to Leo Angell at the Voting Equipment Center, 2700 Premier Street, Fort Worth, Texas 76111. 11. The rental period of voting machine(s) shall commence with the 15 day of May 2004 and shall not extend to a date which will interfere with subsequent elections for which the County is responsible for providing the voting machines(s) for public use 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(s) to be cleared and available to the County, no later than the tenth day after the first election for which the voting machine(s) were rented. III. Only voting machine(s) which 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 the voting machine(s). IV. Renter agrees to return the voting machine(s) in the same condition as when received, normal and considerate usage wear excepted. Renter agrees to reimburse the County for the costs to repair damages to the said machine(s) during such time as the County does not have control custody of said machine(s). V. The said machine(s) will be delivered by the County to: City of Southlake Designated Sites and picked up by the County at said place. EXHIBIT D EXHIBIT D In witness of this Agreement, we the County and the Renter affix our signatures on this day of 1 2004. TARRANT COUNTY, TEXAS Ma Robert Parten Tarrant County Elections Administrator CITY OF SOUTHLAKE, TEXAS Bilk- Campbell City Manager EXHIBIT D