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
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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.
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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
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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
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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.
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(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.
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(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.
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(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
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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
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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 $
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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.
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