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HomeMy WebLinkAboutResolution No. 08-026 CITY OF THE COLONY, TEXAS RESOLUTION NO. 08-[}~lf A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A JOINT ELECTION AGREEMENT WITH THE LEWISVILLE INDEPENDENT SCHOOL DISTRICT IN CONJUNCTION WITH THE GENERAL ELECTION OF THE COLONY ON MAY 10,2008; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the Mayor of the City of The Colony, Texas, is hereby authorized and empowered to execute a Joint Election Agreement with the Lewisville Independent School District as detailed in the Joint Election Agreement. Section 2. That a true and correct copy of the Joint Election Agreement is attached hereto and incorporated herein. Section 3. passage. That this resolution shall take effect immediately from and after its PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 3rd day of March. 2008. ATTEST: cp~ JOINT ELECTION AGREEMENT (Authorized by the Texas Election Code Chapter 271) I. JURISDICTION The City of The Colony plans to hold a City Council Election on May 10, 2008, in Denton County voting precincts for the purpose of electing four single member district City Council members. The LISD (LISD) Board of Trustees plans to hold a Bond Election and a Board of Trustees Election for the purpose of electing school trustees to Place Numbers 6, and 7 also on May 10,2008, in Denton County voting precincts. II. ADMINISTRA TION The City of The Colony's Elections Administrator agrees to coordinate, supervise and handle all aspects of administering the Joint Election in accordance with the provisions of the Texas Election Code and as outlined in this agreement. The LISD agrees to pay the City of The Colony for equipment, supplies, services and administrative costs as outlined in this agreement. The City of The Colony's Elections Administrator will serve as administrator for the election; however, each participating authority remains responsible for the lawful conduct of their respective election. III. LEGAL DOCUMENTS Each participating authority will be responsible for preparation, adoption and publication of all required election orders, resolutions, notices and any other pertinent documents required by their respective governing bodies. If needed, the City of The Colony will be responsible for making the submission required by the Federal Voting Rights Act of 1965, as amended, with regard to administration of the joint election. A copy of the submission will be furnished to Lewisville ISD. Any other changes, which require preclearance by the U.S. Department of Justice, will be the responsibility of each participating authority. Preparation of necessary bilingual materials for notices and preparation for the text for the official ballot will also be the responsibility of each participating authority. IV. VOTING SYSTEM Each participating authority agrees that voting at the joint election will be by use of the Hart Intercivic System 6 Voting System as approved by the Secretary of State in accordance with the Texas Election Code, and in compliance with Section 301 (a)(3)(B) of the Help America Vote Act. System 6 consists of the Hart eSlate DRE v.4.0.l9, Ballot origination Software (BOSS) v. 4.2.13, Hart Tally Software v. 4.2.8, Hart Judges Booth Controller (JBC) v.4.0.l9, Hart Ballot Now Software (Ballot Now) v.3.2.4, and the Hart eSlate (DAD) upgrade vA.0.19. The Denton County Elections Department will be responsible for the preparation of programs and the testing of the equipment used for tabulating the ballots. Testing of the equipment will be conducted at a date, time, and location identified by the Denton County Elections Administrator and notification of this information will be provided to the LISD by the City of The Colony's Election Administrator. The City of The Colony agrees to provide all necessary equipment for voters to cast their vote during early voting and on Election Day. JOINT ELECTION AGREEMENT CITY OF THE COLONY/LISD Page 2 V. VOTING LOCATIONS It is agreed by the participating authorities that early voting for the City of The Colony/LISD May 10, 2008, election will be held at The Colony City Hall, 6800 Main Street, The Colony, Texas 75056. It is further agreed by the participating authorities that the following polling places will be used on Election Day: Location: Address: Precincts: Precinct: Location: Address: Precincts: Location: Address: Precincts: Camey Elementary School 4949 Arbor Glen Rd., The Colony, Texas 75056 201, 202, 219 and 221, 131- LISD voters only Peters Colony Elementary School 5101 Nash Drive, The Colony, Texas 75056 109,222 The Denton County Government Center 6301 Main Street, The Colony, Texas 75056 214 and 216 VI. ELECTION JUDGES. CLERKS AND OTHER ELECTION PERSONNEL The City of The Colony will be responsible for the appointment of the presiding judge and alternate for each polling location, and also for the appointment of the Early Voting Ballot Board. It is agreed by the participating authorities to employ the number of election clerks as the need determines, and that all election clerks shall be paid $8.00 per hour, judges shall be paid $10.00 per hour. The election judge will receive an additional $25.00 for picking up the election supplies prior to Election Day and for delivering election returns and supplies to their designated drop off site. It is further agreed by the participating authorities to employ no more than two early voting clerks, during the early voting period (April 28 - May 6, 2008). The City of The Colony's Elections Administrator is responsible for notifying all election judges of the eligibility requirements of Subchapter C of Chapter 32 of the Texas Election Code, and will take the necessary steps to ensure that all election judges appointed for the joint election are eligible to serve. The presiding judges, with the Elections Administrator's assistance, will be responsible for insuring the eligibility of each appointed clerk hired to assist the judge in the conduct of the election. The participating authorities agree to hold one (1) public school of instruction on election laws and on the use of voting equipment. The election judges are responsible for picking up election supplies at the time and place determined by the Elections Administrator (which will be set forth in the election judge letter requesting service for this election). 2 JOINT ELECTION AGREEMENT CITY OF THE COLONYILISD Page 3 VII. SUPPLIES AND PRINTING The City of The Colony will arrange for all election supplies and election printing, including, but not limited to, all forms, signs and other materials used by the election judges at the voting locations. The LISD will furnish the City of The Colony's Elections Administrator a list of candidates showing the order and the exact manner in which their names are to appear on the official ballot, and the various propositions for the bond election. This will be done as soon as possible after ballot positions have been determined by the LISD candidates. VIII. BALLOT TABULATION AND RETURNS OF ELECTION The Denton County Elections Administrator will be responsible for the tabulation of ballots upon receipt of the voting equipment at the Denton County Elections Office at the end of Election Day and for the tabulation on of early votes in the same manner. Following the tabulation of ballots on Saturday, May 10th, the City of The Colony shall notify LISD of the unofficial results by telephone, and will prepare the following election records to be returned to LISD no later than 12:00 p.m., Monday, May 12,2008: one (1) tape from each electronic precinct counter showing breakdown of ballots cast in early voting and on election day; (2) a Return Sheet (Form No. 17-4167) from each polling location, and for early voting, showing number of votes received by each candidate and total number of voters; (3) copy of the Combination Form (Poll List/Signature Roster) from each polling location, and for early voting. LISD will be responsible for securing these records from the City of The Colony by the date and time specified above. IX. RECORDS OF ELECTION Christie Wilson, City Secretary/Elections Administrator, is hereby appointed general custodian of the voted ballots and all records of the Joint Election as authorized by Section 271.010 of the Texas Election Code. Access to the election records will be available to each participating authority as well as to the public in accordance with the Texas Public Information Act, Chapter 552, Government Code, at the City of The Colony, City Secretary's Office, 6800 Main Street at any time during normal business hours. The Elections Administrator shall ensure that the records are maintained in an orderly manner, so that records are clearly identifiable and retrievable per records storage container. Records of the election will be retained and disposed of in accordance with the provisions of Title 6, Subtitle C, Chapters 201 through 205, Texas Local Government Code, including the minimum retention requirements established by the Texas State Library and Archives Commission. If records of the election are involved in any pending election contest, investigation, litigation, or Texas Public Information Act, the Elections Administrator shall maintain the records until final resolution or until final judgement, whichever is applicable. It is the responsibility of any participating authority to bring to the attention of the Elections Administrator any notice of any pending election contest, investigation, litigation, or Texas Public Information Act request, which may be filed with a participating authority. 3 JOINT ELECTION AGREEMENT CITY OF THE COLONYILISD Page 4 On the first business day which follows the date that the records of the election are eligible for destruction, the Election Administrator will notify in writing each participating authority of the planned destruction of any records of the election. Within fifteen days of receipt of the Election Administrator's notice of intent to destroy the records, each participating authority will provide the Election Administrator with written authorization to proceed with destruction or written instructions to withhold destruction. X. ELECTIONS EXPENSES The participating authorities agree to equally sharing the costs of administering the May 10, 2008, election. The City of The Colony will provide LISD with an invoice outlining an accounting of election expenses within 30 days after the election. LISD agrees to remit to the City of The Colony 50% of the total cost of election expenses within 30 days after receipt of the invoice. XI. EARLY VOTING Christie Wilson, City Secretary, will be appointed as early voting clerk in compliance with Section 271.006 of the Texas Election Code. Other deputy early voting judges/clerks will be appointed as needed to process early voting mail and to conduct early voting at the main location. Early voting by personal appearance will be conducted in accordance with the election order of the participating authority (Exhibit A). EARL Y VOTING POLLING PLACE CITY OF THE COLONY 6800 Main Street The Colony, Texas 75056 All requests for early voting ballots by mail that are received by participating authorities will be delivered by the most efficient means on the day of receipt to the City of The Colony, City Secretary's Office, City Hall, 6800 Main Street, The Colony, for processing. Persons voting by mail will send their voted ballots to the City of The Colony, City Secretary's Office. All early voting ballots will be prepared for counting by an Early Voting Ballot Board appointed in accordance with Section 87.001 of the Texas Election Code. XII. CONTRACT WITHDRAWAL Any participating authority that certifies their election in accordance with Section 2.051, 2.052, and 2.053 of the Texas Election Code, may withdraw from the joint election contract. Any expenditures incurred prior to withdrawal shall be billed separately and that contracting authority shall be removed from the contract. In the event of election cancellation by the City of The Colony, LISD agrees to conduct their election at their own expense. 4 JOINT ELECTION AGREEMENT CITY OF THE COLONY/LISD Page 5 DED FOR APPROVAL ON MARCH 3, 2008 BY: J /; jJ. ) t / /L l2{ >~.- ATTEST: ~lj(!!fJ?~ ACCEPTED AND AGREED TO BY THE LISD BOARD OF TRUSTEES DATE: ~~LV''::J HI 2lJQfJ ATTEST: _ ~--&~ 'fI-. Q~, APPROVED: 5 .~-I N 1. l;:ef .-. I\- CITY OF THE COLONY, TEXAS RESOLUTION NO. 08-020 A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, ORDERING A GENERAL ELECTION TO BE HELD ON MAY 10, 2008, FOR THE PURPOSE OF ELECTING FOUR (4) COUNCIL MEMBERS FOR SINGLE MEMBER DISTRICTS 3, 4, 5, AND 6; AND PROVIDING FOR A JOINT ELECTION ON MAY 10, 2008 BETWEEN THE LEWISVILLE INDEPENDENT SCHOOL DISTRICT AND THE CITY; AND ESTABLISHING OTHER PROVISIONS RELATING TO THE ELECTION. WHEREAS, the terms of office for four (4) Single-Member District City Council Members expire on May 10,2008; and WHEREAS, it is hereby found and determined by the Mayor, acting in his official capacity, and the City Council acting as the governing body of the City of The Colony, that it is in the best interest of the City and its citizens to hold an election for the purpose of electing four (4) Council Members to City Council Places 3, 4, 5 and 6. WHEREAS, the Texas Election Code, Section 3.004 authorizes such election; and WHEREAS, the Texas Election Code, Section 41.001 specifies the date on which such elections may be held. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That a general municipal election is hereby called and ordered for the 10th day of May, 2008, at which all qualified voters residing within the city limits of the City may vote for the purpose of electing their respective Council District Member to fill the expiring terms of Places 3,4, 5 and 6. Section 2. That said election shall be held jointly with the Lewisville Independent School District by contract to be approved and entered into at a later date. Section 3. That the City election precincts for this election shall consist of the territory situated within the various Denton County election precincts located within the corporate limits of the City and bearing the following numbers, and the polling places of said election shall be as follows: DENTON COUNTY ELECTION PRECINCTS 109 AND 222 POLLING PLACE Peters Colony Elementary 5101 Nash Dr. The Colony, Texas DENTON COUNTY ELECTION PRECINCTS 201,202,219, AND 221 POLLING PLACE - Camey Elementary 4949 Arbor Glen The Colony, Texas DENTON COUNTY ELECTION PRECINCTS 214 AND 216 POLLING PLACE - Denton County Government Center 6301 Main St. The Colony, Texas Section 4. That each of the polling places on Election Day, May 10, 2008, shall be open from 7:00 a.m. to 7:00 p.m. Section 5. That voting at and on the date of said election shall be by optical scan ballot, disabled access units, or by any other method as approved in the Texas Election Code, as amended, and said ballots shall be printed in accordance with the Texas Election Code, as amended. Section 6. That the City Secretary is hereby designated as the Early Voting Clerk. Section 7. That early voting by personal appearance shall be conducted at The Colony City Hall, 6800 Main Street on the following dates and times: Monday, April 28 Tuesday, April 29 Wednesday, April 30 Thursday, May 1 Friday, May 2 Saturday, May 3 Monday, May 5 Tuesday, May 6 8 a.m. - 5 p.m. 7 a.m. - 7 p.m. 8 a.m. - 5 p.m. 7 a.m. - 7 p.m. 8 a.m. - 5 p.m. 8 a.m. - 5 p.m. 8 a.m. - 5 p.m. 8 a.m. - 5 p.m. Additional early voting as conducted by the Lewisville Independent School District will be available at Morningside Elementary School, 6350 Paige Road on Thursday, May 1,2008 from 6:00 p.m.- 9:00 p.m. ANY ELIGIBLE DENTON COUNTY VOTER MAY CAST THEIR VOTE DURING EARLY VOTING AT ANY DENTON COUNTY EARLY VOTING SITE. Section 8. That the city secretary shall receive applications for a ballot to be voted by mail until the close of business on May 2, 2008. Requests for applications should be mailed to: Christie Wilson, City Secretary, City of The Colony, 6800 Main, The Colony, Texas 75056, or requested by phone at 972 624-3106. Section 9. That no person's name shall be placed on the ballot as a candidate for the position of Council Member of the City Council until such person has filed hislher sworn application and affidavit as provided by the laws of the State of Texas and the Charter of the City of The Colony, Texas, with the City Secretary at least sixty-two (62) days prior to the election date. Section 10. That election materials as enumerated in the Texas Election Code 272.005 shall be printed in both English and Spanish for use at the polling places and for early voting for said election. Section 11. The City Secretary is hereby authorized and directed to publish and/or post, in the time and manner prescribed by law, all notices required in connection with the conduct of this election. Notice of said election shall be given by publishing the notice at least one time, not more than thirty (30) days nor less than ten (10) days before the election, in at least one newspaper regularly published in the City. A copy of the notice shall be filed with the City Secretary and another copy shall be posted on a bulletin board where council agendas are commonly posted at least twenty (20) days before the election. The City Secretary of the City of The Colony, Texas shall keep a copy of the notice as published, together with the name(s) of the newspaper(s) and date or dates of publication. DULY PASSED AND APPROVED this 4th day of Februarv. 2008. J l .~ i J Christie Wilson, TRMC City Secretary AT~E~:r: I' A'':, ,. " ~', ,';l. . .' - t ~." J,,_' / L' \I;,q 1..",,,- '- ; l .l; i A J. . /.\..... \dtvv . -:F\ }:/ '.: _'~ ~ '.' APPROVED AS TO FORM: