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HomeMy WebLinkAboutResolution No. 09-014 CITY OF THE COLONY, TEXAS RESOLUTION NO. 09-01'-1 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 9, 2009; 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 2nd day of March. 2009. ATTEST: C p. . [JiJ /~~ ~')" nstIe WIlson, TRMC, CIty Secretary ,.... -,' ..- APPROVED AS TO FORM: J-- JOINT ELECTION AGREEMENT (Authorized by the Texas Election Code Chapter 271) 1. JURISDICTION The City of The Colony plans to hold a City Council Election on May 9, 2009, in Denton County voting precincts for the purpose of electing one Mayor and two at large City Council members. The LISD (LISD) Board of Trustees plans to hold a Board of Trustees Election for the purpose of electing school trustees to Place Numbers 1 and 2 also on May 9, 2009, in Denton County voting precincts. II. ADMINISTRATION 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 wilI 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 wilI 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.4.0.19, Ballot origination Software (BOSS) v. 4.2.13, Hart Tally Software v. 4.2.8, Hart Judges Booth Controller (JBC) v.4.0.19, Hart Ballot Now Software (Ballot Now) v.3.2.4, and the Hart eSlate (DAD) upgrade v.4.0.19. 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 ILISD Page 2 V. VOTING LOCATIONS It is agreed by the participating authorities that early voting for the City of The Colony/LISD May 9, 2009, 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 wilI 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- Frisco 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 V1. 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 wilI 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 27 - May 5, 2009). 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. This will be done as soon as possible after ballot positions have been determined by the LlSD 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 of early votes in the same manner. Following the tabulation of ballots on Saturday, May 9th, the City of The Colony shall notify LlSD 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 11,2009: one (I) 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 9, 2009, 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 votingjudges/c1erks 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). EARLY 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. XI1. 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 COLONYILISD Page 5 RE~~/.M..~/~ ED.~OR ~PPROV j ~L...O_._.. N..M. ARC, H 2, 2009 BY: . gj !' I ' ( . -, , .. ~ . / ,', ) "., ~/~'4< /L.-C . . L,,'A~f.- a'L~/V . stie Wilson, TRMC, CMC City Secretary (!...T./ :; ,/~~' W~~ Christie Wilson, City Secretary ACCEPTED AND AGREED TO BY THE LISD BOARD OF TRUSTEES DATE: APPROVED: ATTEST: 5 JOINT ELECTION AGREEMENT CITY OF THE COLONY ILISD Page 5 RECOMMENDED FOR APPROVAL ON MARCH 2,2009 BY: Christie Wilson, TRMC, CMC City Secretary APPROVED: John Dillard, Mayor ATTEST: Christie Wilson, City Secretary APPROVED AS TO FORM: Robert E. Hager, City Attorney ACCEPTED AND AGREED TO BY THE LISD BOARD OF TRUSTEES DATE: j-J.b;u~ q/ JJ)(f1 APPROVED: ~ ATIEST: r, Executive Secretary & Board of Trustees 5 ~