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Item 5RESOLUTION NO. 04 -040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, CALLING FOR A SPECIAL ELECTION TO BE HELD ON ; 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; 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, a vacancy has occurred in Councilmember, Place 1; 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, the City of Southlake desires to select the Tarrant County Elections Administrator to conduct and coordinate the special 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. SPECIAL ELECTION CALLED A special election shall be held in the City of Southlake, Texas, on Saturday, , to fill the unexpired term of COUNCILMEMBER, PLACE 1 D: \City Secretary's Office \04 -040 Special Election.doc Section 2. TERM OF OFFICE In accordance with the City Charter, the candidate receiving the majority of votes shall be elected for the unexpired term of the office beginning and ending May 2005, 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 office herein set forth by filing his sworn application with the City Secretary not earlier than , and not later than 5:00 p.m., . 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. ELECTION CONTRACT The City Manager is authorized to execute the Contract for Election Services with Tarrant County Elections Administrator, attached hereto as Exhibit W. Section 6. 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 7. POLLING PLACE: The polling place for the Special Election shall be DPS East Facility, 667 N. Carroll Avenue 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 8. 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. D: \City Secretary's Office \04 -040 Special Election.doc Section 9. 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 10. 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 11. 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 to rent the equipment. Section 12. 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 13. PUBLICATION AND POSTING OF NOTICE OF ELECTION: Notice of the election shall be published once a week for two consecutive weeks, no earlier than , in the newspaper in accordance with the provisions of the Code and the City Charter. Additionally, notice shall be posted no later than , in the regular place for posting notice of meetings of the City Council of the City, and shall remain posted continuously through election day, Section 14. 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 and continuing through , with extended hours from on , and from 7:00 a.m. to 7:00 p.m. on Early voting hours shall include: * * *Early Voting Hours will be inserted* * * 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 , and not later than the close of business on Applications may be delivered in person to the City Secretary until D: \City Secretary's Office \04 -040 Special Election.doc 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 Presiding Election Judge and the Alternate Presiding Election Judge appointed herein shall serve as the presiding officer and the alternate presiding officer, respectively, of the Early Voting Ballot Board. The other election officers serving at the election shall serve as the other members of the Early Voting Ballot Board. Section 15. 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 Section 16. 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 17. 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 18. 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 19. EFFECTIVE DATE This resolution shall be effective upon its adoption. PASSED AND APPROVED THIS THE 30 DAY OF JUNE 2004. CITY OF SOUTHLAKE, TEXAS Andy Wambsganss Mayor ATTEST: Lori A. Farwell, TRMC City Secretary D: \City Secretary's Office \04 -040 Special Election.doc EXHIBIT `A' CONTRACT FOR ELECTION SERVICES WITH TARRANT COUNTY ELECTIONS ADMINISTRATIONAND CITY OF SOUTHLAKE THIS CONTRACT made this day of ' 2004, by and between Lori Farwell , 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 Special Election on 2004. Early voting by personal appearance shall begin , 2004, and end on , 2004, with voting conducted on (DRE) Direct Recording Electronic Equipment. 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. (d) DRE system including programming and testing, delivery and set up at the early voting location. D: \City Secretary's Office \04 -040 Special Election.doc (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 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 2004. (1) Provide the same services, equipment, and supplies necessary for the City if a runoff election is required on 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. D: \City Secretary's Office \04 -040 Special Election.doc (m) Make arrangements for two (2) lists of registered voters from Denton County. (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. D: \City Secretary's Office \04 -040 Special Election.doc (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. (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 $ 7,790.00 , 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 BILL CAMPBELL, CITY MANAGER CITY OF SOUTHLAKE, TEXAS BY ROBERT PARTEN, ELECTIONS ADMINISTRATOR TARRANT COUNTY, TEXAS D: \City Secretary's Office \04 -040 Special Election.doc ELECTION SERVICES CONTRACT FOR CITY OF SOUTHLAKE A. STATISTICAL INFORMATION 1. Eligible Voters 16,700 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) _4,000_ B. COST OF ELECTION ESTIMATE ACTUAL 1. Cost of Ballots (2 column, 1 side, 12 ", 2 changes) $ 1,000.00 $ 2. Ballot Proofing/Distribution ( 8 hours x $20) $ 160.00 $ 3. Voting system programming and testing $ 40.00 $ 4. Election kits 1 Election Day 1_ Early Voting X $80 $ 160.00 $ 5. Polling Place Rental a. Election Day $ N/C _ $ b. Early Voting $ N/C $ c. Preparation (1 hour x $20) $ 20.00 $ 6. Rental of Tables and Chairs $ N/C $ 7. Election Judges, Clerks, and EV Ballot Board a. 1 Loc X 2 EJ X 9.00 /hr X 13 hours 1 Loc X 8 clerks X 8.00 /hr X 12 hours $ 1,002.00 $ 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 a. 1 EV locations: 2 Clerks x 125 Hours x 10.00 Hourly rate $ 2,500.00 $ b. Preparation( 5 hours x $20) $ 100.00 $ 9. Early Voting On -Line System D: \City Secretary's Office \04 -040 Special Election.doc 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) $ 7,790.00 $ 10. Early Voting By Mail, and Support Personnel ( 5 Hrs X $20) $ 100.00 $ 11. Preparation and distribution of supplies and conduct training (EV) $ 20.00 $ 1 Hours x $20 12. Central Counting Station 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 - Postage $ 10.00 $ COST OF ELECTION $ 7,082.00 $ Administrative Fee (10 %) $ 708.00 $ TOTAL COST OF CONTRACT $ 7,790.00 $ Rental Agreement for IIIP Eagle (includes transportation & preparation of machines and voting booths) 1 X $200 $ 200.00 $ Rental of DRE Equipment $ 250.00 TOTAL COST OF ELECTION $ 8,240.00 $ D: \City Secretary's Office \04 -040 Special Election.doc 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. D: \City Secretary's Office \04 -040 Special Election.doc