ORD 2014-03TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2014-03
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, AMENDING ORDINANCE NO. 2014-02 OF
THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS,
ORDERING AND CALLING A JOINT GENERAL AND SPECIAL
ELECTION FOR THE TOWN OF TROPHY CLUB ("TOWN") TO BE
HELD ON MAY 10, 2014 FOR THE PURPOSE OF ELECTING ONE (1)
MAYOR FOR A THREE (3) YEAR TERM AND TWO (2) COUNCIL
MEMBERS FOR PLACE #1 AND PLACE #2 TO THE TOWN COUNCIL
FOR A THREE (3) YEAR TERM EACH IN ORDER TO INCLUDE
INFORMATION RELATIVE TO TARRANT COUNTY ELECTION
ADMINISTRATION AND POLLING LOCATIONS AND TO RESTATE
THE CONDITIONS OF THE MAY, 2014 ELECTION AS PREVIOUSLY
ADOPTED BY ORDINANCE NO. 2014-02; ORDERING AND CALLING
A SPECIAL ELECTION FOR THE PURPOSE OF ELECTING ONE (1)
COUNCIL MEMBER FOR PLACE #3 TO THE TOWN COUNCIL TO FILL
THE REMAINDER OF AN UNEXPIRED TERM OF OFFICE OF PLACE
#3 CREATED BY A VACANCY (TERM EXPIRING MAY, 2015); AND
ORDERING AND CALLING A SPECIAL ELECTION TO SUBMIT TO
THE RESIDENT QUALIFIED VOTERS OF THE TOWN OF TROPHY
CLUB A PROPOSITION RELATING TO THE REAUTHORIZATION OF
THE LOCAL SALES AND USE TAX AT THE RATE OF ONE-FOURTH
OF ONE PERCENT (0.25) IN ORDER TO CONTINUE PROVIDING
REVENUE FOR MAINTENANCE AND REPAIR OF MUNICIPAL
STREETS FOR A SPECIFIED PERIOD; PROVIDING FOR THE
INCORPORATION OF PREMISES; SPECIFYING THE DATE OF
ELECTION; SPECIFYING THE PURPOSE OF THE ELECTION;
SPECIFYING ELIGIBILITY FOR CANDIDACY; PROVIDING FOR AN
APPLICATION FOR A PLACE ON THE BALLOT FOR BOTH THE
JOINT GENERAL AND SPECIAL ELECTION; PROVIDING FOR A
RUNOFF ELECTION; PROVIDING FOR THE APPOINTMENT OF A
PRESIDING ELECTION JUDGE AND AN ALTERNATE PRESIDING
ELECTION JUDGE; ESTABLISHING OTHER PROCEDURES FOR
CONDUCTING THE ELECTION; ESTABLISHING A DATE FOR
CANVASSING RETURNS; PROVIDING FOR NECESSARY ACTIONS;
PROVIDING FOR ADMINISTRATION OF A JOINT ELECTION BY
BOTH TARRANT COUNTY AND DENTON COUNTY; PROVIDING AN
AGREEMENT WITH DENTON COUNTY AND AUTHORIZING AN
AGREEMENT WITH TARRANT COUNTY FOR ADMINISTRATION OF
THE ELECTION; PROVIDING A CUMULATIVE CLAUSE; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 41.001 (a)(2) of the Texas Election Code (hereinafter the
"Code") establishes the second Saturday in May as a Uniform Election Date for the
purposes of conducting a General or Special Election; and
WHEREAS, Section 3.004 of the Texas Election Code provides that the
governing body of a municipality shall be the authority to order a General or Special
Election; and
WHEREAS, the Town Council finds and declares that the meeting at which this
Ordinance is considered is open to the public as required by law, and that public notice
of the time, place, and purpose of such meeting was given as required by Chapter 551,
Texas Government Code, as amended; and
WHEREAS, the Town Council desires to and hereby calls a Joint General
Election for the purpose of electing one (1) Mayor for a three (3) year term and two (2)
Council members for Place #1 and Place #2 for a three (3) year term each, for the
purpose of electing one (1) Council Member for Place #3 to the Town Council to fill the
remainder of an unexpired term of office of Place #3 created by a vacancy (term
expiring May, 2015); and a Joint Special Election on a measure; and
WHEREAS, in a May, 2006 Special Election, pursuant to an election on a
measure, the residents of the Town voted to reduce the amount of sales tax allocated to
EDC413 by one-fourth of one percent (.25) and to levy a sales and use tax of one-fourth
of one percent (.25) to provide revenue for the maintenance and repair of municipal
streets; and
WHEREAS, in May, 2010, the Town Council held an election to allow voters to
reauthorize the local sales and use tax at the rate of one-fourth of one percent (0.25%)
in order to continue providing revenue for maintenance and repair of municipal streets,
and the voters of the Town voted affirmatively to reauthorize the tax for road
maintenance and repair; and
WHEREAS, in order for the road maintenance and repair tax to continue in
effect, the Town is required to hold an election to reauthorize the tax, and the election
must be held in the same manner as the election that was used to levy the tax; and
WHEREAS, the Town Council desires to and hereby orders and calls a Special
Election with combined ballot pursuant to Section 321.409 of the Texas Tax Code to
determine whether the citizens desire to reauthorize a sales and use tax to provide
revenue for maintenance and repair for municipal streets as authorized by Chapter 327
of the Texas Tax Code; and
WHEREAS, Section 3.005 of the Texas Election Code provides that an election
ordered by an authority of a municipality shall be ordered not later than the 62nd day
before Election Day; and
ORD 201403
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WHEREAS, because the Town of Trophy Club is located in both Denton County
and Tarrant County, the Town will enter into an Election Services Contract with Denton
County and an Election Services Contract with Tarrant County so that those entities will
provide election services for Denton County and Tarrant County residents of Trophy
Club; and
WHEREAS, 'the Election shall be conducted in accordance with the Code under
the jurisdiction of the Denton County Elections Administrator (the "Denton County
Elections Administrator") pursuant to an Election Services Contract (the "Contract") by
and among Denton County Elections Administration ("DCEA"), and other participating
entities, if any, described in a Contract between the Town and Denton County, a copy of
which Contract will be incorporated herein as Exhibit "A" upon its final approval and
execution by the Town; and
WHEREAS, he Election shall be conducted in accordance with the Code under
the jurisdiction of the Tarrant County Elections Administrator (the "Tarrant County
Elections Administrator") pursuant to an Election Services Contract (the "Contract") by
and among Tarrant County Elections Administration ("TCEA"), and other participating
entities, if any, described in the Contract between the Town and Tarrant County. Tarrant
County has advised the Town that it will not submit a contract for Election Services until
sometime during the month of April when the determination of participating entities and
cost per entity is available. Upon Town Council approval of the Interlocal Agreement
with Tarrant County, a copy of that agreement shall be incorporated herein by reference
as Exhibit "B"; and
WHEREAS, Section 85.004 of the Texas Election Code provides that an election
order and the election notice must state the location of each early voting polling place;
and,
WHEREAS, the Town Council finds that upon the canvassing of the returns of
the May 10, 2014 election, this Ordinance and election order, shall be enacted as set
forth in this Ordinance; and
WHEREAS, the subsequent to the Council's approval of Ordinance No. 2014-02,
the Town received additional information regarding the administration of the Tarrant
County Election, and finds it necessary and appropriate to amend Ordinance No. 2014-
02 to include the additional Tarrant County information and to restate the conditions of
of the May, 2014 election as previously adopted by Ordinance No. 2014-02.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
ORD 2014-03
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SECTION 1
INCORPORATION OF PREMISES
All of the above premises are true and correct and are hereby incorporated in the body
of this Ordinance as if fully set forth herein.
All resident, qualified voters of the Town shall be eligible to vote at the Election.
SECTION 2
DATE OF ELECTION
It is hereby ordered that a General and Special Election (collectively the "Election") shall
be held in and throughout the Town of Trophy Club on Saturday, May 10, 2014 using a
combined ballot.
SECTION 3
PURPOSE OF ELECTION
3.1 General Election. The purpose of the joint General Election is to elect one (1)
Mayor for a three (3) year term and two (2) Council members for Place #1 and #2 for a
three (3) year term to the Town of Trophy Club Town Council;
3.2 Special Election. The purpose of the joint Special Election is to elect one (1)
Council member for Place #3 for a one (1) year term in order to complete the remainder
of the term of office for Place #3 created by a vacancy on the Trophy Club Town
Council;
3.2 Special Election on a Measure. The purpose of the joint Special Election is to
hold an election on a measure, to wit: reauthorization of the local sales and use tax in
the Town of Trophy Club at the rate of one-fourth of one -percent to continue providing
revenue for maintenance and repair of municipal streets. If adopted, the tax would be
set to expire on the 10th anniversary of the date of this election unless it is subsequently
reauthorized. If the reauthorization is not approved by the voters, the tax is set to expire
on July 1, 2014.
SECTION 4
BALLOT LANGUAGE ON MEASURES
The official ballots for the Special Election on a Measure shall be prepared in
accordance with the Texas Election Code so as to permit the electors to vote "FOR" or
"AGAINST" each proposition, as required for an election on a measure, with the ballots
to contain such provisions, markings and language as required by law, and with such
propositions to be expressed substantially as follows:
ORD 2014-03
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PROPOSITION NO. ONE:
The reauthorization of the local sales and use tax in the Town of Trophy
Club at the rate of one-fourth of one percent (0.25%) to continue providing
revenue for maintenance and repair of municipal streets. The tax expires on
the 10th anniversary of the date of this election unless the imposition of the
tax is reauthorized
[ ] FOR
[ ] AGAINST
SECTION 6
ELIGIBILITY FOR CANDIDACY
As set forth in Section 141.001 of the Texas Election Code, no person shall be eligible
for a public elective office of this state, unless that person is a United States citizen, has
not been determined mentally incompetent by a final judgment of a court, has not been
finally convicted of a felony From which the person has not been pardoned or otherwise
released from the resulting disabilities, and has resided continuously in the State of
Texas for twelve (12) months immediately preceding the date of the regular filing
deadline for the candidate's application for a candidate whose name is to appear on the
general election ballot, or the date of the election at which the candidate's name is
written in for a write in candidate. Additional requirements are set forth in the Town
Charter and are as follows:
A. Mayor or Council Member:
As set forth in Section 141.001 of the Texas Election Code and Article III of the
Trophy Club Town Charter:
a. Each person who becomes a candidate for Mayor or Councilmember shall meet
the following qualifications:
(1) be at least eighteen (18) years of age on the first day of the form to be filed;
(2) be a citizen of the United States;
(3) be a qualified voter of the Town;
(4) reside and have resided for at least twelve (12) months preceding the
election within the corporate limits of the Town;
(5) no candidate may file for more than one office or position number per
election;
(6) no employee of the Town shall continue in such position after becoming a
candidate for a Town elective office; and,
(7) If any sitting Council member files to become a candidate for another public
office, he shall resign his current seat upon filing for the new office.
ORD 2014-03
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SECTION 7
APPLICATION FOR A PLACE ON THE BALLQ1
7.1 General Election. For the purpose of the May, 2014 General Election and
pursuant to Section 143.007 of the Texas Election Code, any eligible and qualified
person may have that person's name printed upon the official ballot as a candidate for
the office hereinbefore set forth by filing the person's sworn application with the Town
Secretary not earlier than January 29, 2014 and not later than 5:00 p.m. on February
28, 2014. Each such application shall be on a form as prescribed by the Texas Election
Code. The order in which the names of the candidates are to be printed on the ballot
shall be determined by a drawing by the Town Secretary as provided by Section 52.094
of the Texas Election Code. Notice of the time and place for such drawing shall be given
in accordance with Section 52.094(c) and (d) of the Texas Election Code.
7.2 Special Election. For the purpose of the May, 2014 Special Election to fill the
vacancy on the Trophy Club Town Council and pursuant to the Texas Election Code,
any eligible and qualified person may have that person's name printed upon the official
ballot as a candidate for the office hereinbefore set forth by filing the person's sworn
application with the Town Secretary not earlier than February 18, 2014 and not later
than 5:00 p.m. on March 10, 2014. Each such application shall be on a form as
prescribed by the Texas Election Code. The order in which the names of the candidates
are to be printed on the ballot shall be determined by a drawing by the Town Secretary
as provided by Section 52.094 of the Texas Election Code. Notice of the time and place
for such drawing shall be given in accordance with Section 52.094(c) and (d) of the
Texas Election Code.
SECTION 8
RUNOFF ELECTION
If no candidate receives a majority of all votes cast for all of the candidates for his or her
office at such election as required to be lawfully elected, there shall be a runoff election
held. The runoff election shall be conducted as required by the Town Charter and the
Texas Election Code. Notwithstanding the foregoing, the runoff election date has
tentatively been set for June 21, 2014,
SECTION 9
VOTING PRECINCTS
The voting precincts for the Election are designated by their respective county precinct
numbers. The proposed times and locations of early voting for Denton County and
Tarrant County are set forth in Exhibit "C", a copy of which is attached hereto and
incorporated herein. Exhibit "C" shall be amended to include the final schedule of
times and locations of early voting for both Town of Trophy Club Denton and Tarrant
County residents upon announcement by the Denton and Tarrant County Elections
Administrators. Notwithstanding the foregoing, the early voting times and locations set
ORD 2014-03
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forth in Exhibit "C" may be changed without further action of the Town Council if so
directed by the Elections Administrator for Denton County and/or the Elections
Administrator for Tarrant County.
In addition to the early voting polling locations within the Town, all Denton County
Trophy Club voters may vote at all early voting polling locations as designated and
maintained by Denton County throughout the County.
Tarrant County Trophy Club voters may vote at all early voting polling locations as
designated and maintained by Tarrant County throughout the County.
The Denton and Tarrant County Elections Administrators are hereby authorized and
directed to make such changes in polling locations as may be necessary for the proper
conduct of the Election. Each polling place shall be open from 7:00 a.m. to 7:00 p.m. on
Election Day.
SECTION 10
ELECTIONS ADMINISTRATION
10.1 Denton County. The Denton County Elections Administrator, Frank Phillips, is
hereby appointed as Denton County Early Voting Clerk for the Election. Deputy early
voting judges/clerks will be appointed as needed to process early voting mail and to
conduct early voting. Early voting by mail shall be conducted in conformance with the
requirements of the Code. Ballot applications and ballots voted by mail shall be sent to:
Early Voting Clerk, 701 Kimberly Drive, Suite A101, Denton, Texas 76208. The
Elections Administrator and/or the Early Voting Clerk are hereby authorized to appoint
the members of the Early Voting Ballot Board and the presiding judge and alternate
judge in accordance with the requirements of the Code. Early voting by personal
appearance shall be conducted at the times on the dates and at the locations
designated on Exhibit "A" hereto. The main early voting polling place is hereby
designated to be 701 Kimberly Drive, Suite A101, Denton, Texas 76208. Early voting
shall be conducted by the Early Voting Clerk, at the main early voting polling location
listed above, and at the locations designated on Exhibit "C" hereto; such locations may
be changed or additional early voting locations may be added by the Denton County
and/or Tarrant County Elections Administrator, without further action of the Town
Council, as is necessary for the proper conduct of the Election.
10.2 Tarrant County. The Tarrant County Elections Administrator, Steve Raborn, is
hereby appointed as Tarrant County Early Voting Clerk for the election. Deputy early
voting judges/clerks will be appointed as needed to process early voting mail and to
conduct early voting. Early voting by mail shall be conducted in conformance with the
requirements of the Code. Ballot applications and ballots voted by mail shall be sent to:
Early Voting Clerk, PO Box 961011, Fort Worth, Texas 76161-0011. The Elections
Administrator and/or the Early Voting Clerk are hereby authorized to appoint the
members of the Early Voting Ballot Board and the presiding judge and alternate judge in
ORD 2014-03
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accordance with the requirements of the Code. Early voting by personal appearance
shall be conducted at the times on the dates and at the locations designated on Exhibit
"C" hereto. The main early voting polling place is hereby designated to be Tarrant
County Election Center, 2700 Premier Street, Fort Worth, Texas 76111. Early voting
shall be conducted by the Early Voting Clerk, at the main early voting polling location
listed above, and at the locations designated on Exhibit "C" hereto; such locations may
be changed or additional early voting locations may be added by the Elections
Administrator, without further action of the Town Council, as is necessary for the proper
conduct of the Election.
SECTION 11
COMPENSATION
Compensation for election judges and alternate judges for their service in the Election
shall be determined by the Denton County Elections Administrator and the Tarrant
County Elections Administrator. E -slate, a Direct Record Electronic (DRE) System shall
be used for early voting by personal appearance, and in the May 10, 2014 election at
Denton County and Tarrant County Polling Sites. Paper ballots, which are optically
scanned, shall be used for early voting by mail. In the May 10, 2014 election, the
Denton County and the Tarrant County Elections Administrator shall cause ballots to be
prepared in the form of the ballot first above prescribed, being in both English and
Spanish, and shall furnish election officials such ballots, in such form, together with any
other forms or blanks, in accordance with the Charter of the Town of Trophy Club, the
Constitution and laws of the State of Texas and the Voting Rights Act of 1965, and any
amendments thereto, insofar as same are applicable.
SECTION 12
EARLY VOTING
In addition to the early voting polling location located within the Town, Trophy Club
Denton County voters may vote at all early voting polling locations as designated and
maintained by Denton County throughout the County per the Joint Election Agreement
and Contract for Election Services with Denton County.
Trophy Club Tarrant County voters may only vote at the early voting polling locations
designated and maintained by the Tarrant County Elections Administrator.
SECTION 13
ELECTION MATERIALS
The election materials enumerated in the Code shall be printed in both English and
Spanish for use at the polling places and for early voting for the Election and provisions
shall be made for oral assistance to Spanish-speaking voters.
ORD 2014-03
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SECTION 14
The election officers shall make returns for the Election in the manner required by law,
and the ballots that are properly marked in conformance with the provisions of the Code
for votes cast both during the period of early voting and on the day of the Election shall
be counted in the manner required by law.
SECTION 15
Notice of the Election shall be given by posting a notice containing a substantial copy of
this Ordinance in both English and Spanish at the Town Hall on the bulletin board used
for posting notices of the meetings of the Town Council and by publication of said notice
one time in a newspaper of general circulation published within the Town, the date of
the publication to be not less than fourteen (14) days nor more than thirty (30) days prior
to the date set for the Election. An Order of Election is attached hereto and
incorporated herein as Exhibit "D".
SECTION 16
CANVASS OF ELECTION
Pursuant to Section 67.002 of the Texas Election Code, the Town Council will canvass
the election not earlier than May 13, 2014 and not later than May 19, 2014. Notice of the
time and place for canvass shall be posted on the official bulletin board in the same
manner as required by the Open Meeting Act for other Town Council meetings in
accordance with the Chapter 551 of the Local Government Code.
SECTION 17
VOTING RIGHTS ACT
The Mayor and the Town Secretary of the Town, in consultation with the Town Attorney,
are hereby authorized and directed to take any and all actions necessary to comply with
the provisions of the Code and the Federal Voting Rights Act in carrying out and
conducting the Election, whether or not expressly authorized herein.
SECTION 18
SEVERABILITY
It is hereby declared to be the intent of the Town Council of the Town of Trophy Club
that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are
severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance
shall be declared unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such unconstitutionality shall not affect any of the remaining
phrases, clauses, sentences, paragraphs, or sections of this Ordinance, since the same
ORD 2014-03
Page 9 of 14
would have been enacted by the Town Council without incorporation of any such
unconstitutional phrase, clause, sentence, paragraph, or section.
SECTION 19
ELECTION CONTRACTS
The Town Manager or the Town Manager's designee is authorized to amend or
supplement any and all con -tracts for the administration of the May 10, 2014 Election to
the extent required for the Election to be conducted in an efficient and legal manner as
determined by the Denton County and/or Tarrant County Elections Administrator.
Attached and incorporated herein as Exhibit "A" is a copy of a joint election agreement
between the Town and the Denton County Elections Department, Upon approval by the
Town Council, a joint election agreement between the Town and the Tarrant County
Elections Department shall be incorporated herein by reference as Exhibit "B".
SECTION 20
ENGROSSMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and
enroll this Ordinance as required by the Town Charter.
SECTION 21
EFFECTIVE DATE
This Ordinance shall take effect immediately upon adoption.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas this 26th day of February, 2014.
r
donn-i -White, Mayor
Town of Trophy Club, Texas
ATTEST: APPROVED AS TO FOKITL_
TArrim Ai I own Secretary Patricia A. Adams, Town Attorney
ToWn of A"phy Club, Texas Town of Trophy Club, Texas
^Y UA ORD 2014-03
Page 10 of 14
EXHIBIT A
JOINT ELECTION AGREEMENT
BETWEEN THE TOWN OF TROPHY CLUB, TEXAS and DENTON COUNTY
ORD 2014-03
Page 11 of 14
THE STATE OF TEXAS
COUNTY OF DENTON
R"B
D ORIGINAL
JOINT ELECTION AGREEMENT AND CONTRACT FOR ELECTION SERVICES
THIS CONTRACT for election services is made by and between the Denton County Elections Administrator and
the following political subdivisions located entirely or partially inside the boundaries of Denton County:
Town of Argyle
Town of Prosper
City of Aubrey
City of Sanger
Town of Bartonville
City of Southlake
City of Celina
Town of Trophy Club
City of Corinth
Argyle Independent School District
City of Denton
Aubrey Independent School District
Town of DISH
Frisco Independent School District
City of Fort Worth
Lewisville Independent School District
City of Krum
Little Elm Independent School District
City of Lewisville
Northwest Independent School District
Town of Little Elm
Prosper Independent School District
Town of Northlake
Sanger Independent School District
City of Oak Point
Lake Cities Municipal Utility Authority
City of Pilot Point
Trophy Club Municipal Utility District #1
Town of Ponder
This contract is made pursuant to Texas Election Code Sections 31.092 and 271.002 and Texas Education Code
Section 11.0581 for a joint May 10, 2014 election to be administered by Frank Phillips, Denton County Elections
Administrator, hereinafter referred to as "Elections Administrator."
RECITALS
Each participating authority listed above plans to hold a general and/or special election on May 10, 2014.
The County owns an electronic voting system, the Hart InterCivic eSlate/eScan Voting System (Version 6.2.1),
which has been duly approved by the Secretary of State pursuant to Texas Election Code Chapter 122 as amended, and
is compliant with the accessibility requirements for persons with disabilities set forth by Texas Election Code Section
61.012. The contracting political subdivisions desire to use the County's electronic voting system and to compensate the
County for such use and to share in certain other expenses connected with joint elections in accordance with the
applicable provisions of Chapters 31 and 271 of the Texas Election Code, as amended.
NOW THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the parties, IT IS
AGREED as follows:
I. ADMINISTRATION
The parties agree to hold a "Joint Election" with each other in accordance with Chapter 271 of the Texas Election
Code and this agreement. The Denton County Elections Administrator shall coordinate, supervise, and handle all aspects
of administering the Joint Election as provided in this agreement. Each participating authority agrees to pay the Denton
County Elections Administrator for equipment, supplies, services, and administrative costs as provided in this agreement.
The Denton County Elections Administrator shall serve as the administrator for the Joint Election, however, each
participating authority shall remain responsible for the decisions and actions of its officers necessary for the lawful conduct
of its election. The Elections Administrator shall provide advisory services in connection with decisions to be made and
actions to be taken by the officers of each participating authority as necessary.
Page 1 of 10
At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The
participating authorities shall share a mutual ballot in those polling places where jurisdictions overlap. However, in no
instance shall a voter be permitted to receive a ballot containing an office or proposition stating a measure on which the
voter is ineligible to vote.
II. LEGAL DOCUMENTS
Each participating authority shall be responsible for the preparation, adoption, and publication of all required
election orders, resolutions, notices, and any other pertinent documents required by the Texas Election Code and/or the
participating authority's governing body, charter, or ordinances, except that the Elections Administrator shall be
responsible for the preparation and publication of all electronic voting equipment testing notices that are required by the
Texas Election Code. Election orders should include language that would not necessitate amending the order if any of
the Early Voting and/or Election Day polling places change.
Preparation of the necessary materials for notices and the official ballot shall be the responsibility of each
participating authority, including translation to languages other than English. Each participating authority shall provide a
copy of their respective election orders and notices to the Denton County Elections Administrator.
III. VOTING LOCATIONS
The Elections Administrator shall select and arrange for the use of and payment for all Election Day voting
locations. Voting locations will be, whenever possible, the usual voting location for each election precinct in elections
conducted by each participating city, and shall be compliant with the accessibility requirements established by Election
Code Section 43.034 and the Americans with Disabilities Act (ADA). The proposed voting locations are listed in
Attachment A of this agreement. In the event that a voting location is not available or appropriate, the Elections
Administrator will arrange for use of an alternate location with the approval of the affected participating authorities. The
Elections Administrator shall notify the participating authorities of any changes from the locations listed in Attachment A.
If polling places for the May 10, 2014 joint election are different from the polling place(s) used by a participating
authority in its most recent election, the authority agrees to post a notice no later than May 10, 2014 at the entrance to any
previous polling places in the jurisdiction stating that the polling location has changed and stating the political subdivision's
polling place names and addresses in effect for the May 10, 2014 election. This notice shall be written in both the English
and Spanish languages.
IV. ELECTION JUDGES, CLERKS, AND OTHER ELECTION PERSONNEL
Denton County shall be responsible for the appointment of the presiding judge and alternate judge for each
polling location. The Elections Administrator shall make emergency appointments of election officials if necessary.
Upon request by the Elections Administrator, each participating authority agrees to assist in recruiting polling
place officials who are bilingual (fluent in both English and Spanish). In compliance with the Federal Voting Rights Act of
1965, as amended, each polling place containing more than 5% Hispanic population as determined by the 2010 Census
shall have one or more election official who is fluent in both the English and Spanish languages. If a presiding judge is
not bilingual, and is unable to appoint a bilingual clerk, the Elections Administrator may recommend a bilingual worker for
the polling place. If the Elections Administrator is unable to recommend or recruit a bilingual worker, the participating
authority or authorities served by that polling place shall be responsible for recruiting a bilingual worker for translation
services at that polling place.
The Elections Administrator shall notify 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 insure that all election judges appointed for
the Joint Election are eligible to serve.
Page 2 of 10
The Elections Administrator shall arrange for the training and compensation of all election judges and clerks.
Election judges and clerks who attend voting equipment training and/or procedures training shall be compensated at the
rate of $7 per hour.
The Elections Administrator shall arrange for the date, time, and place for presiding election judges to pick up
their election supplies. Each presiding election judge will be sent a letter from the Elections Administrator notifying him of
his appointment, the time and location of training and distribution of election supplies, and the number of election clerks
that the presiding judge may appoint.
Each election judge and clerk will receive compensation at the hourly rate established by Denton County ($11 an
hour for presiding judges, $10 an hour for alternate judges, and $9 an hour for clerks) pursuant to Texas Election Code
Section 32.091. The election judge, or his designee, will receive an additional sum of $25.00 for picking up the election
supplies prior to Election Day and for returning the supplies and equipment to the central counting station after the polls
close.
The Elections Administrator may employ other personnel necessary for the proper administration of the election,
including such part-time help as is necessary to prepare for the election, to ensure the timely delivery of supplies during
early voting and on Election Day, and for the efficient tabulation of ballots at the central counting station. Part-time
personnel working as members of the Early Voting Ballot Board and/or central counting station on election night will be
compensated at the hourly rate set by Denton County in accordance with Election Code Sections 87.005, 127.004, and
127.006.
V. PREPARATION OF SUPPLIES AND VOTING EQUIPMENT
The Elections Administrator shall arrange for all election supplies and voting equipment including, but not limited
to, the County's electronic voting system and equipment, sample ballots, voter registration lists, and all forms, signs, maps
and other materials used by the election judges at the voting locations. The Elections Administrator shall ensure
availability of tables and chairs at each polling place and shall procure rented tables and chairs for those polling places
that do not have tables and/or chairs. The Elections Administrator shall be responsible for conducting all required testing
of the electronic equipment, as required by Chapters 127 and 129 of the Texas Election Code.
At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The
participating parties shall share a mutual ballot in those precincts where jurisdictions overlap. Multiple ballot styles shall
be available in those shared polling places where jurisdictions do not overlap. The Elections Administrator shall provide
the necessary voter registration information, maps, instructions, and other information needed to enable the election
judges in the voting locations that have more than one ballot style to conduct a proper election.
Each participating authority shall furnish the Elections Administrator a list of candidates and/or propositions
showing the order and the exact manner in which the candidate names and/or proposition(s) are to appear on the official
ballot (including titles and text in each language in which the authority's ballot is to be printed). Each participating
authority shall be responsible for proofreading and approving the ballot and the audio recording of the ballot, insofar as it
pertains to that authority's candidates and/or propositions.
The joint election ballots that contain ballot content for more than one joint participant because of overlapping
territory shall be arranged in the following order: Independent School District, City, Water District(s), and other political
subdivisions.
Early Voting by Personal Appearance and voting on Election Day shall be conducted exclusively on Denton
County's eSlate electronic voting system.
The Elections Administrator shall be responsible for the preparation, testing, and delivery of the voting equipment
for the election as required by the Election Code.
Page 3 of 10
The Elections Administrator shall conduct criminal background checks on relevant employees upon hiring as
required by Election Code Section 129.051(8).
VI. EARLY VOTING
The participating authorities agree to conduct joint early voting and to appoint the Election Administrator as the
Early Voting Clerk in accordance with Sections 31.097 and 271.006 of the Texas Election Code. Each participating
authority agrees to appoint the Elections Administrator's permanent county employees as deputy early voting clerks. The
participating authorities further agree that the Elections Administrator may appoint other deputy early voting clerks to
assist in the conduct of early voting as necessary, and that these additional deputy early voting clerks shall be
compensated at an hourly rate set by Denton County pursuant to Section 83.052 of the Texas Election Code. Deputy
early voting clerks who are permanent employees of the Denton County Elections Administrator or any participating
authority shall serve in that capacity without additional compensation.
Early Voting by personal appearance will be held at the locations, dates, and times listed in Attachment "B" of this
document. Any qualified voter of the Joint Election may vote early by personal appearance at any of the joint early voting
locations.
As Early Voting Clerk, the Elections Administrator shall receive applications for early voting ballots to be voted by
mail in accordance with Chapters 31 and 86 of the Texas Election Code. Any requests for early voting ballots to be voted
by mail received by the participating authorities shall be forwarded immediately by fax or courier to the Elections
Administrator for processing. The address for the Denton County Early Voting Clerk is:
Frank Phillips, Early Voting Clerk
Denton County Elections
PO Box 1720
Denton, TX 76202
Any requests for early voting ballots to be voted by mail, and the subsequent actual voted ballots, that are sent by
a contract carrier (ie. UPS, FedEx, etc.) should be delivered to the Early Voting Clerk at the Denton County Elections
Department physical address as follows:
Frank Phillips, Early Voting Clerk
Denton County Elections
701 Kimberly Drive, Suite A101
Denton, TX 76208
The Elections Administrator shall post on the county website each participating authority's early voting report on a
daily basis and a cumulative final early voting report following the close of early voting. In accordance with Section
87.121(g) of the Election Code, the daily reports showing the previous day's early voting activity will be posted to the
county website no later than 8:00 a.m. each business day.
VII. EARLY VOTING BALLOT BOARD
Denton County shall appoint an Early Voting Ballot Board (EVBB) to process early voting results from the Joint
Election. The Presiding Judge, with the assistance of the Elections Administrator, shall appoint two or more additional
members to constitute the EVBB. The Elections Administrator shall determine the number of EVBB members required to
efficiently process the early voting ballots.
Page 4 of 10
VIII. CENTRAL COUNTING STATION AND ELECTION RETURNS
The Elections Administrator shall be responsible for establishing and operating the central counting station to
receive and tabulate the voted ballots in accordance with the provisions of the Texas Election Code and of this
agreement.
The participating authorities hereby, in accordance with Sections 127.002, 127.003, and 127.005 of the Texas
Election Code, appoint the following central counting station officials:
Counting Station Manager: Frank Phillips, Denton County Elections Administrator
Tabulation Supervisor: Brandy Grimes, Denton County Technical Operations Manager
Presiding Judge: Kerry Martin, Deputy Elections Administrator
Alternate Judge: Paula Paschal, Contract Manager
The counting station manager or his representative shall deliver timely cumulative reports of the election results
as precincts report to the central and remote counting stations and are tabulated. The manager shall be responsible for
releasing unofficial cumulative totals and precinct returns from the election to the joint participants, candidates, press, and
general public by distribution of hard copies at the central counting station and by posting to the Denton County web site.
To ensure the accuracy of reported election returns, results printed on the tapes produced by Denton County's voting
equipment will not be released to the participating authorities at the remote collection sites or by phone from individual
polling locations.
The Elections Administrator will prepare the unofficial canvass reports after all precincts have been counted, and
will deliver a copy of the unofficial canvass to each participating authority as soon as possible after all returns have been
tabulated. The Elections Administrator will include the tabulation and precinct -by -precinct results that are required by
Texas Election Code Section 67.004 for the participating entities to conduct their respective canvasses. Each
participating authority shall be responsible for the official canvass of its respective election(s), and shall notify the
Elections Administrator, or his designee, no later than three days after Election Day of the date of the canvass.
The Elections Administrator will prepare the electronic precinct -by -precinct results reports for uploading to the
Secretary of State as required by Section 67.017 of the Election Code. The Elections Administrator agrees to upload
these reports for each participating authority, unless requested otherwise.
The Elections Administrator shall be responsible for conducting the post-election manual recount required by
Section 127.201 of the Texas Election Code unless a waiver is granted by the Secretary of State. Notification and copies
of the recount, if waiver is denied, will be provided to each participating authority and the Secretary of State's Office.
IX. PARTICIPATING AUTHORITIES WITH TERRITORY OUTSIDE DENTON COUNTY
Each participating authority with territory containing population outside Denton County agrees that the Elections
Administrator shall administer only the Denton County portion of those elections.
X. RUNOFF ELECTIONS
Each participating authority shall have the option of extending the terms of this agreement through its runoff
election, if applicable. In the event of such runoff election, the terms of this agreement shall automatically extend unless
the participating authority notifies the Elections Administrator in writing within 3 business days of the original election.
Each participating authority shall reserve the right to reduce the number of early voting locations and/or Election
Day voting locations in a runoff election.
Page 5 of 10
Each participating authority agrees to order any runoff election(s) at its meeting for canvassing the votes from the
May 10, 2014 election and to conduct its drawing for ballot positions at or immediately following such meeting in order to
expedite preparations for its runoff election.
Each participating authority eligible to hold runoff elections agrees that the date of the runoff election, if
necessary, shall be Saturday, June 21, 2014. This date may be negotiable based on the Secretary of State's calendar for
elections in 2014.
XI. ELECTION EXPENSES AND ALLOCATION OF COSTS
The participating authorities agree to share the costs of administering the Joint Election. Allocation of costs,
unless specifically stated otherwise, is mutually agreed to be shared according to a formula which is based on the
average cost per election day polling place (unit cost) as determined by adding together the overall expenses and dividing
the expenses equally among the total number of polling places. Costs for polling places shared by more than one
participating authority shall be pro -rated equally among the participants utilizing that polling place.
It is agreed that charges for Election Day judges and clerks and Election Day polling place rental fees shall be
directly charged to the appropriate participating authority rather than averaging those costs among all participants.
If a participating authority's election is conducted at more than one election day polling place, there shall be no
charges or fees allocated to the participating authority for the cost of election day polling places in which the authority has
fewer than 50% of the total registered voters served by that polling place, except that if the number of registered voters in
all of the authority's polling places is less than the 50% threshold, the participating authority shall pay a pro -rata share of
the costs associated with the polling place where it has the greatest number of registered voters.
Costs for Early Voting by Personal Appearance shall be allocated based upon the actual costs associated with
each early voting site. Each participating authority shall be responsible for a pro -rata portion of the actual costs
associated with the early voting sites located within their jurisdiction. Participating authorities that do not have a regular
(non -temporary) early voting site within their jurisdiction shall pay a pro -rata portion of the nearest regular early voting site.
Costs for Early Voting by mail shall be allocated according to the actual number of ballots mailed to each
participating authority's voters.
Each participating authority agrees to pay the Denton County Elections Administrator an administrative fee equal
to ten percent (10%) of its total billable costs in accordance with Section 31.100(d) of the Texas Election Code.
The Denton County Elections Administrator shall deposit all funds payable under this contract into the appropriate
fund(s) within the county treasury in accordance with Election Code Section 31.100.
The Denton County Elections Administrator reserves the right to adjust the above formulas in agreement with any
individual jurisdiction if the above formula results in a cost allocation that is inequitable.
If any participating authority makes a special request for extra Temporary Branch Early Voting by Personal
Appearance locations, that entity agrees to pay the entire cost for that request.
Participating authorities having the majority of their voters in another county, and fewer than 500 registered voters
in Denton County, and that do not have an election day polling place or early voting site within their Denton County
territory shall pay a flat fee of $400 for election expenses.
XII. WITHDRAWAL FROM CONTRACT DUE TO CANCELLATION OF ELECTION
Any participating authority may withdraw from this agreement and the Joint Election should it cancel its election in
accordance with Sections 2.051 - 2.053 of the Texas Election Code.
Page 6 of 10
The withdrawing authority is fully liable for any expenses incurred by the Denton County Elections Administrator
on behalf of the authority plus an administrative fee of ten percent (10%) of such expenses. Any monies deposited with
the Elections Administrator by the withdrawing authority shall be refunded, minus the aforementioned expenses and
administrative fee, if applicable.
It is agreed that any of the joint election early voting sites that are not within the boundaries of one or more of the
remaining participating authorities, with the exception of the early voting site located at the Denton County Elections
Building, may be dropped from the joint election unless one or more of the remaining participating authorities agreed to
fully fund such site(s). In the event that any early voting site is eliminated under this section, an addendum to the contract
shall be provided to the remaining participants within five days after notification of all intents to withdraw have been
received by the Elections Administrator.
XIII. RECORDS OF THE ELECTION
The 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 shall be available to each participating authority as well as to the public in
accordance with applicable provisions of the Texas Election Code and the Texas Public Information Act. The election
records shall be stored at the offices of the Elections Administrator or at an alternate facility used for storage of county
records. The Elections Administrator shall ensure that the records are maintained in an orderly manner so that the
records are clearly identifiable and retrievable.
Records of the election shall be retained and disposed of in accordance with the provisions of Section 66.058 of
the Texas Election Code. If records of the election are involved in any pending election contest, investigation, litigation, or
open records request, the Elections Administrator shall maintain the records until final resolution or until final judgment,
whichever is applicable. It is the responsibility of each participating authority to bring to the attention of the Elections
Administrator any notice of pending election contest, investigation, litigation or open records request which may be filed
with the participating authority.
XIV. RECOUNTS
A recount may be obtained as provided by Title 13 of the Texas Election Code. By signing this document, the
presiding officer of the contracting participating authority agrees that any recount shall take place at the offices of the
Elections Administrator, and that the Elections Administrator shall serve as Recount Supervisor and the participating
authority's official or employee who performs the duties of a secretary under the Texas Election Code shall serve as
Recount Coordinator.
The Elections Administrator agrees to provide advisory services to each participating authority as necessary to
conduct a proper recount.
XV. MISCELLANEOUS PROVISIONS
It is understood that to the extent space is available, other districts and political subdivisions may wish to
participate in the use of the County's election equipment and voting places, and it is agreed that the
Elections Administrator may contract with such other districts or political subdivisions for such purposes
and that in such event there may be an adjustment of the pro -rata share to be paid to the County by the
participating authorities.
2. The Elections Administrator shall file copies of this document with the Denton County Judge and the
Denton County Auditor in accordance with Section 31.099 of the Texas Election Code.
Page 7 of 10
3. Nothing in this contract prevents any party from taking appropriate legal action against any other party
and/or other election personnel for a breach of this contract or a violation of the Texas Election Code.
4. This agreement shall be construed under and in accord with the laws of the State of Texas, and all
obligations of the parties created hereunder are performable in Denton County, Texas.
5. In the event that one or more of the provisions contained in this Agreement shall for any reason be held to
be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not
affect any other provision hereof and this agreement shall be construed as if such invalid, illegal, or
unenforceable provision had never been contained herein.
6. All parties shall comply with all applicable laws, ordinances, and codes of the State of Texas, all local
governments, and any other entities with local jurisdiction.
The waiver by any party of a breach of any provision of this agreement shall not operate as or be
construed as a waiver of any subsequent breach.
Any amendments of this agreement shall be of no effect unless in writing and signed by all parties hereto.
XVI. COST ESTIMATES AND DEPOSIT OF FUNDS
The total estimated obligation for each participating authority under the terms of this agreement is listed below.
The exact amount of each participating authority's obligation under the terms of this agreement shall be calculated after
the May 10, 2014 election (or runoff election, if applicable). The participating authority's obligation shall be paid to
Denton County within 30 days after the receipt of the final invoice from the Denton County Elections Administrator.
The total estimated obligation for each participating authority under the terms of this agreement shall be provided
within 45 days after the last deadline for ordering an election.
Actual
Political Subdivision Cost
Page 8 of 10
XVII. SIGNATURE PAGE (separate page)
Revised 3.11.2014 (2:27 p.m.)
Page 9 of 10
XVII. JOINT CONTRACT ACCEPTANCE AND APPROVAL
IN TESTIMONY HEREOF, this agreement has been executed on behalf of the parties hereto as follows, to -wit:
(1) It has on the /! day of %tPA46 2014 been executed by the Denton County Elections
Administrator pursuant to the Texas Election Code so authorizing;
(2) It has on the _ L q day of JUAg 2014 been executed on behalf of the Town of Trophy
Club pursuant to an action of the Town Council so authorizing;
ACCEPTED AND AGREED TO BY DENTON COUNTY ELECTIONS ADMINISTRATOR:
APPROVED:
qa'cvt
&Z� -
FRANK PHILLIPS
ACCEPTED AND AGREED TO BY THE TOWN OF TROPHY CLUB:
APPROVED:
Connie White, Mayor
Town of Trophy Club, Texas
ATTESTED:
4)
Ta y Ard, TOWn Secretary
Town of Trophy Club, Texas
11:Tl:-ffl �
Incorporated By Reference Upon Approval by the Trophy Club Town Council
ORD 2014-03
Page 12 of 14
�-RG
I IN
AL
THE STATE OF TEXAS
COUNTY OF TARRANT
JOINT ELECTION AGREEMENT AND CONTRACT FOR ELECTION SERVICES
THIS CONTRACT for election services is made by and between the Tarrant County Elections Administrator and
the following political subdivisions located entirely or partially inside the boundaries of Tarrant County:
City of Arlington
City of Bedford
City of Colleyville
City of Crowley
City of Dalworthington Gardens
Town of Edgecliff Village
City of Euless
City of Forest Hill
City of Fort Worth
City of Grand Prairie
City of Grapevine
City of Haltom City
City of Haslet
City of Hurst
City of Keller
City of Mansfield
City of Pelican Bay
City of Richland Hills
City of River Oaks
City of Saginaw
City of Sansom Park
City of Southlake
Town of Trophy Club
City of Watauga
Town of Westover Hills
Arlington ISD
Azle ISD
Crowley ISD
Eagle Mountain -Saginaw ISD
Grapevine-Colleyville ISD
Keller ISD
Lewisville ISD
Mansfield ISD
Northwest ISD
Trophy Club MUD 1
This contract is made pursuant to Texas Election Code Sections 31.092 and 271.002 and Texas Education Code Section
11.0581 for a joint May 10, 2014 election to be administered by Stephen Vickers, Chief Deputy Elections Administrator
Acting pursuant to Texas Government Code § 601.002, hereinafter referred to as "Elections Administrator."
RECITALS
Each participating authority listed above plans to hold a general and/or special election on May 10, 2014.
The County owns an electronic voting system, the Hart InterCivic eSlate/eScan Voting System (Version 6.2.1),
which has been duly approved by the Secretary of State pursuant to Texas Election Code Chapter 122 as amended, and is
compliant with the accessibility requirements for persons with disabilities set forth by Texas Election Code Section 61.012.
The contracting political subdivisions desire to use the County's electronic voting system and to compensate the County
for such use and to share in certain other expenses connected with joint elections in accordance with the applicable
provisions of Chapters 31 and 271 of the Texas Election Code, as amended.
NOW THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the parties, IT IS
AGREED as follows:
Page 1 of 10
ADMINISTRATION
The parties agree to hold a "Joint Election" with each other in accordance with Chapter 271 of the Texas Election
Code and this agreement. The Tarrant County Elections Administrator shall coordinate, supervise, and handle all aspects
of administering the Joint Election as provided in this agreement. Each participating authority agrees to pay the Tarrant
County Elections Administrator for equipment, supplies, services, and administrative costs as provided in this agreement.
The Tarrant County Elections Administrator shall serve as the administrator for the Joint Election; however, each
participating authority shall remain responsible for the decisions and actions of its officers necessary for the lawful conduct
of its election. The Elections Administrator shall provide advisory services in connection with decisions to be made and
actions to be taken by the officers of each participating authority as necessary.
It is understood that other political subdivisions may wish to participate in the use of the County's electronic voting
system and polling places, and it is agreed that the Elections Administrator may enter into other contracts for election
services for those purposes on terms and conditions generally similar to those set forth in this contract. In such cases,
costs shall be pro -rated among the participants according to Section XI of this contract.
At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The
participating parties shall share a mutual ballot in those polling places where jurisdictions overlap. However, in no instance
shall a voter be permitted to receive a ballot containing an office or proposition stating a measure on which the voter is
ineligible to vote. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not overlap.
II. LEGAL DOCUMENTS
Each participating authority shall be responsible for the preparation, adoption, and publication of all required
election orders, resolutions, notices, and any other pertinent documents required by the Texas Election Code and/or the
participating authority's governing body, charter, or ordinances, except that the Elections Administrator shall be
responsible for the preparation and publication of all voting system testing notices that are required by the Texas Election
Code.
Preparation of the necessary materials for notices and the official ballot shall be the responsibility of each
participating authority, including translation to languages other than English. Each participating authority shall provide a
copy of their respective election orders and notices to the Tarrant County Elections Administrator.
III. VOTING LOCATIONS
The Elections Administrator shall select and arrange for the use of and payment for all election day voting
locations. Voting locations will be, whenever possible, the usual voting location for each election precinct in elections
conducted by each participating city, and shall be compliant with the accessibility requirements established by Election
Code Section 43.034 and the Americans with Disabilities Act (ADA). The proposed voting locations are listed in
Attachment A of this agreement. In the event that a voting location is not available or appropriate, the Elections
Administrator will arrange for use of an alternate location with the approval of the affected participating authorities. The
Elections Administrator shall notify the participating authorities of any changes from the locations listed in Attachment A.
If polling places for the May 10, 2014 joint election are different from the polling place(s) used by a participating
authority in its most recent election, the authority agrees to post a notice no later than May 9, 2014 at the entrance to any
previous polling places in the jurisdiction stating that the polling location has changed and stating the political subdivision's
polling place names and addresses in effect for the May 10, 2014 election. This notice shall be written in both the English
and Spanish languages.
Page 2 of 10
IV. ELECTION JUDGES, CLERKS, AND OTHER ELECTION PERSONNEL
Tarrant County shall be responsible for the appointment of the presiding judge and alternate judge for each polling
location. The Elections Administrator shall make emergency appointments of election officials if necessary.
Upon request by the Elections Administrator, each participating authority agrees to assist in recruiting polling place
officials who are bilingual (fluent in both English and Spanish). In compliance with the Federal Voting Rights Act of 1965,
as amended, each polling place containing more than 5% Hispanic population as determined by the 2010 Census shall
have one or more election official who is fluent in both the English and Spanish languages. If a presiding judge is not
bilingual, and is unable to appoint a bilingual clerk, the Elections Administrator may recommend a bilingual worker for the
polling place. If the Elections Administrator is unable to recommend or recruit a bilingual worker, the participating authority
or authorities served by that polling place shall be responsible for recruiting a bilingual worker for translation services at
that polling place.
The Elections Administrator shall notify 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 insure that all election judges appointed for
the Joint Election are eligible to serve.
The Elections Administrator shall arrange for the training and compensation of all election judges and clerks. The
Elections Administrator shall arrange for the date, time, and place for presiding election judges to pick up their election
supplies. Each presiding election judge will be sent a letter from the Elections Administrator notifying him of his
appointment, the time and location of training and distribution of election supplies, and the number of election clerks that
the presiding judge may appoint.
Each election judge and clerk will receive compensation at the hourly rate established by Tarrant County pursuant
to Texas Election Code Section 32.091. The election judge will receive an additional sum of $25.00 for picking up the
election supplies prior to election day and for returning the supplies and equipment to the central counting station after the
polls close.
Election judges and clerks who attend voting equipment training and/or procedures training shall be compensated
at the same hourly rate that they are to be paid on election day.
The Elections Administrator may employ other personnel necessary for the proper administration of the election,
including such part-time help as is necessary to prepare for the election, to ensure the timely delivery of supplies during
early voting and on election day, and for the efficient tabulation of ballots at the central counting station. Part-time
personnel working as members of the Early Voting Ballot Board and/or central counting station on election night will be
compensated at the hourly rate set by Tarrant County in accordance with Election Code Sections 87.005, 127.004, and
127.006.
V. PREPARATION OF SUPPLIES AND VOTING EQUIPMENT
The Elections Administrator shall arrange for all election supplies and voting equipment including, but not limited
to, official ballots, sample ballots, voter registration lists, and all forms, signs, maps and other materials used by the
election judges at the voting locations. The Elections Administrator shall ensure availability of tables and chairs at each
polling place and shall procure rented tables and chairs for those polling places that do not have tables and/or chairs.
At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The
participating parties shall share a mutual ballot in those precincts where jurisdictions overlap. However, in no instance
shall a voter be permitted to receive a ballot containing an office or proposition stating a measure on which the voter is
ineligible to vote. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not overlap.
The Elections Administrator shall provide the necessary voter registration information, maps, instructions, and other
information needed to enable the election judges in the voting locations that have more than one ballot style to conduct a
proper election.
Page 3 of 10
Each participating authority shall furnish the Elections Administrator a list of candidates and/or propositions
showing the order and the exact manner in which the candidate names and/or proposition(s) are to appear on the official
ballot (including titles and text in each language in which the authority's ballot is to be printed). Each participating authority
shall be responsible for proofreading and approving the ballot insofar as it pertains to that authority's candidates and/or
propositions.
The joint election ballots that contain ballot content for more than one joint participant because of overlapping
territory shall be arranged in the following order: Independent School District, City, Water District(s), College District, and
other political subdivisions.
Early Voting by Personal Appearance shall be conducted exclusively on Tarrant County's eSlate electronic voting
system. On election day, voters shall have a choice between voting on the eSlate electronic voting system or by a paper
ballot that is scanned at the polling place using Tarrant County's eScan voting system. Provisional ballots cast on election
day will be cast only on the eSlate electronic voting system to prevent the possibility of paper provisional ballots from being
immediately counted via the eScan ballot scanner.
The number of paper ballots printed for election day voting shall be, at a minimum, equal to the same election day
turnout as in the last comparable election plus 25 percent of that number, with the final number of ballots ordered per
polling place or precinct adjusted upward to end in a number divisible by 50.
The Elections Administrator shall be responsible for the preparation, testing, and delivery of the voting equipment
for the election as required by the Election Code.
The Elections Administrator shall conduct criminal background checks on relevant employees upon hiring as
required by Election Code Section 129.051(g).
VI. EARLY VOTING
The participating authorities agree to conduct joint early voting and to appoint the Election Administrator as the
Early Voting Clerk in accordance with Sections 31.097 and 271.006 of the Texas Election Code. Each participating
authority agrees to appoint the Elections Administrator's permanent county employees as deputy early voting clerks. The
participating authorities further agree that the Elections Administrator may appoint other deputy early voting clerks to assist
in the conduct of early voting as necessary, and that these additional deputy early voting clerks shall be compensated at
an hourly rate set by Tarrant County pursuant to Section 83.052 of the Texas Election Code. Deputy early voting clerks
who are permanent employees of the Tarrant County Elections Administrator or any participating authority shall serve in
that capacity without additional compensation.
Early Voting by personal appearance will be held at the locations, dates, and times listed in Attachment "B" of this
document. Any qualified voter of the Joint Election may vote early by personal appearance at any of the joint early voting
locations.
As Early Voting Clerk, the Elections Administrator shall receive applications for early voting ballots to be voted by
mail in accordance with Chapters 31 and 86 of the Texas Election Code. Any requests for early voting ballots to be voted
by mail received by the participating authorities shall be forwarded immediately by fax or courier to the Elections
Administrator for processing.
The Elections Administrator shall post on the county website each participating authority's early voting report on a
daily basis and a cumulative final early voting report following the close of early voting. In accordance with Section
87.121(g) of the Election Code, the daily reports showing the previous day's early voting activity will be posted to the
county website no later than 8:00 AM each business day.
Page 4 of 10
VII. EARLY VOTING BALLOT BOARD AND SIGNATURE VERIFICATION COMMITTEE
Tarrant County shall appoint an Early Voting Ballot Board (EVBB) to process early voting results from the Joint
Election. The Presiding Judge, with the assistance of the Elections Administrator, shall appoint two or more additional
members to constitute the EVBB. The Elections Administrator shall determine the number of EVBB members required to
efficiently process the early voting ballots.
The Elections Administrator shall determine whether a Signature Verification Committee is necessary, and if so,
shall appoint the members.
VIII. CENTRAL COUNTING STATION AND ELECTION RETURNS
The Elections Administrator shall be responsible for establishing and operating the central and remote counting
stations to receive and tabulate the voted ballots in accordance with the provisions of the Texas Election Code and of this
agreement.
The participating authorities hereby, in accordance with Section 127.002, 127.003, and 127.005 of the Texas
Election Code, appoint the following central counting station officials:
Counting Station Manager: Stephen Vickers, Chief Deputy Elections Administrator
Tabulation Supervisor: Eric Leija, Tarrant County Elections Operations Manager
Presiding Judge: George Keyes
Alternate Judge: Emma Allen
The counting station manager or his representative shall deliver timely cumulative reports of the election results as
precincts report to the central and remote counting stations and are tabulated. The manager shall be responsible for
releasing unofficial cumulative totals and precinct returns from the election to the joint participants, candidates, press, and
general public by distribution of hard copies at the central counting station and by posting to the Tarrant County web site.
To ensure the accuracy of reported election returns, results printed on the tapes produced by Tarrant County's voting
equipment will not be released to the participating authorities at the remote collection sites or by phone from individual
polling locations.
The Elections Administrator will prepare the unofficial canvass reports that are necessary for compliance with Election
Code Section 67.004 after all precincts have been counted, and will deliver a copy of these unofficial canvass reports to
each participating authority as soon as possible after all returns have been tabulated. Each participating authority shall be
responsible for the official canvass of its respective election(s).
The Elections Administrator will prepare the electronic precinct -by -precinct results reports for uploading to the Secretary of
State as required by Section 67.017 of the Election Code. The Elections Administrator agrees to upload these reports for
each participating authority unless requested otherwise.
The Elections Administrator shall be responsible for conducting the post-election manual recount required by
Section 127.201 of the Texas Election Code unless a waiver is granted by the Secretary of State. Notification and copies
of the recount, if waiver is denied, will be provided to each participating authority and the Secretary of State's Office.
IX. PARTICIPATING AUTHORITIES WITH TERRITORY OUTSIDE TARRANT COUNTY
Each participating authority with territory containing population outside Tarrant County agrees that the Elections
Administrator shall administer only the Tarrant County portion of those elections.
Page 5 of 10
X. RUNOFF ELECTIONS
Each participating authority shall have the option of extending the terms of this agreement through its runoff
election, if applicable. In the event of such runoff election, the terms of this agreement shall automatically extend unless
the participating authority notifies the Elections Administrator in writing within 3 business days of the original election.
Each participating authority shall reserve the right to reduce the number of early voting locations and/or election
day voting locations in a runoff election.
Each participating authority agrees to order any runoff election(s) at its meeting for canvassing the votes from the
May 10, 2014 election and to conduct its drawing for ballot positions at or immediately following such meeting in order to
expedite preparations for its runoff election.
Each participating authority eligible to hold runoff elections agrees that the date of the runoff election, if necessary,
shall be Saturday, June 21, 2014.
XI. ELECTION EXPENSES AND ALLOCATION OF COSTS
The participating authorities agree to share the costs of administering the Joint Election. Allocation of costs,
unless specifically stated otherwise, is mutually agreed to be shared according to a formula which is based on the average
cost per election day polling place (unit cost) as determined by adding together the overall expenses and dividing the
expenses equally among the total number of polling places. Costs for polling places shared by more than one participating
authority shall be pro -rated equally among the participants utilizing that polling place.
It is agreed that charges for election day judges and clerks and election day polling place rental fees shall be
directly charged to the appropriate participating authority rather than averaging those costs among all participants.
If a participating authority's election is conducted at more than one election day polling place, there shall be no
charges or fees allocated to the participating authority for the cost of election day polling places in which the authority has
fewer than 50% of the total registered voters served by that polling place, except that if the number of registered voters in
all of the authority's polling places is less than the 50% threshold, the participating authority shall pay a pro -rata share of
the costs associated with the polling place where it has the greatest number of registered voters.
Costs for Early Voting by Personal Appearance shall be allocated based upon the actual costs associated with
each early voting site. Each participating authority shall be responsible for a pro -rata portion of the actual costs associated
with the early voting sites located within their jurisdiction. Participating authorities that do not have a regular (non -
temporary) early voting site within their jurisdiction shall pay a pro -rata portion of the nearest regular early voting site.
Costs for Early Voting by Mail shall be allocated according to the actual number of ballots mailed to each
participating authority's voters.
Participating authorities having the majority of their voters in another county, and fewer than 500 registered voters
in Tarrant County, and that do not have an election day polling place or early voting site within their jurisdiction shall pay a
flat fee of $400 for election expenses.
Each participating authority agrees to pay the Tarrant County Elections Administrator an administrative fee equal
to ten percent (10%) of its total billable costs in accordance with Section 31.100(d) of the Texas Election Code.
The Tarrant County Elections Administrator shall deposit all funds payable under this contract into the appropriate
fund(s) within the county treasury in accordance with Election Code Section 31.100.
Page 6 of 10
XII. WITHDRAWAL FROM CONTRACT DUE TO CANCELLATION OF ELECTION
Any participating authority may withdraw from this agreement and the Joint Election should it cancel its election in
accordance with Sections 2.051 - 2.053 of the Texas Election Code. The withdrawing authority is fully liable for any
expenses incurred by the Tarrant County Elections Administrator on behalf of the authority plus an administrative fee of ten
percent (10%) of such expenses. Any monies deposited with the Elections Administrator by the withdrawing authority shall
be refunded, minus the aforementioned expenses and administrative fee if applicable.
It is agreed that any of the joint election early voting sites that are not within the boundaries of one or more of the
remaining participating authorities, with the exception of the early voting site located at the Tarrant County Elections
Center, may be dropped from the joint election unless one or more of the remaining participating authorities agree to fully
fund such site(s). In the event that any early voting site is eliminated under this section, an addendum to the contract shall
be provided to the remaining participants within five days after notification of all intents to withdraw have been received by
the Elections Administrator.
XIII. RECORDS OF THE ELECTION
The 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 shall be available to each participating authority as well as to the public in
accordance with applicable provisions of the Texas Election Code and the Texas Public Information Act. The election
records shall be stored at the offices of the Elections Administrator or at an alternate facility used for storage of county
records. The Elections Administrator shall ensure that the records are maintained in an orderly manner so that the records
are clearly identifiable and retrievable.
Records of the election shall be retained and disposed of in accordance with the provisions of Section 66.058 of
the Texas Election Code. If records of the election are involved in any pending election contest, investigation, litigation, or
open records request, the Elections Administrator shall maintain the records until final resolution or until final judgment,
whichever is applicable. It is the responsibility of each participating authority to bring to the attention of the Elections
Administrator any notice of pending election contest, investigation, litigation or open records request which may be filed
with the participating authority.
XIV. RECOUNTS
A recount may be obtained as provided by Title 13 of the Texas Election Code. By signing this document, the presiding
officer of the contracting participating authority agrees that any recount shall take place at the offices of the Elections
Administrator, and that the Elections Administrator shall serve as Recount Supervisor and the participating authority's
official or employee who performs the duties of a secretary under the Texas Election Code shall serve as Recount
Coordinator.
The Elections Administrator agrees to provide advisory services to each participating authority as necessary to conduct a
proper recount.
XV. MISCELLANEOUS PROVISIONS
It is understood that to the extent space is available, other districts and political subdivisions may wish to
participate in the use of the County's election equipment and voting places, and it is agreed that the
Elections Administrator may contract with such other districts or political subdivisions for such purposes
and that in such event there may be an adjustment of the pro -rata share to be paid to the County by the
participating authorities.
Page 7 of 10
2. The Elections Administrator shall file copies of this document with the Tarrant County Judge and the
Tarrant County Auditor in accordance with Section 31.099 of the Texas Election Code.
3. Nothing in this contract prevents any party from taking appropriate legal action against any other party
and/or other election personnel for a breach of this contract or a violation of the Texas Election Code.
4. This agreement shall be construed under and in accord with the laws of the State of Texas, and all
obligations of the parties created hereunder are performable in Tarrant County, Texas.
5. In the event that one or more of the provisions contained in this Agreement shall for any reason be held to
be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not
affect any other provision hereof and this agreement shall be construed as if such invalid, illegal, or
unenforceable provision had never been contained herein.
6. All parties shall comply with all applicable laws, ordinances, and codes of the State of Texas, all local
governments, and any other entities with local jurisdiction.
7. The waiver by any party of a breach of any provision of this agreement shall not operate as or be
construed as a waiver of any subsequent breach.
8. Any amendments of this agreement shall be of no effect unless in writing and signed by all parties hereto.
XVI. COST ESTIMATES AND DEPOSIT OF FUNDS
The total estimated obligation for each participating authority under the terms of this agreement is listed below.
Each participating authority agrees to pay the Tarrant County Elections Administrator a deposit of approximately 75% of
this estimated obligation within 15 days after execution of this agreement. The exact amount of each participating
authority's obligation under the terms of this agreement shall be calculated after the May 10, 2014 election (or runoff
election, if applicable), and if the amount of an authority's total obligation exceeds the amount deposited, the authority shall
pay to the Elections Administrator the balance due within 30 days after the receipt of the final invoice from the Elections
Administrator. However, if the amount of the authority's total obligation is less than the amount deposited, the Elections
Administrator shall refund to the authority the excess amount paid within 30 days after the final costs are calculated.
The total estimated obligation and required deposit for each participating authority under the terms of this agreement shall
be as follows:
Page 8 of 10
Page 9 of 10
Actual #
Billed #
Estimated
Deposit
Political Subdivision
Polls
Polls
Cost
Due
City of Arlington
28
14.00
$62,231
$46,700
City of Bedford
1
1.00
$13,619
$10,300
City of Colleyville
1
0.50
$5,444
$4,100
City of Crowley
1
0.50
$5,032
$3,800
City of Dalworthington
Gardens
1
0.50
$4,205
$3,200
City of Ed ecliff Village
1
0.50
$5,037
$3,800
City of Euless
1
1.00
$10,895
$8,200
City of Forest Hill
1
1.00
$10,273
$7,800
City of Fort Worth
120
111.00
$470,022
$352,600
City of Grand Prairie
4
2.00
$13,759
$10,400
City of Grapevine
1
0.50
$6,006
$4,600
City of Haltom City
2
2.00
$12,896
$9,700
City of Haslet
1
0.50
$4,981
$3,800
City of Hurst
1
1.00
$11,593
$8,700
City of Keller
2
1.00
$6,552
$5,000
City of Mansfield
3
1.50
$8,054
$6,100
City of Pelican Bay
1
0.50
$4,881
$3,700
City of Richland Hills
1
1.00
$9,762
$7,400
City of River Oaks
1
1.00
$6,249
$4,700
City of Saginaw
1
0.50
$4,963
$3,800
City of Sansom Park
1
1.00
$10,064
$7,600
City of Southlake
1
1.00
$11,368
$8,600
Town of Trophy Club
1
0.50
$1,339
$1,100
City of Wata ua
1
1.00
$6,929
$5,200
Town of Westover Hills
1
1.00
$6,249
$4,700
Arlington ISD
32
14.50
$63,709
$47,800
Azle ISD
4
2.00
$9,352
$7,100
Crowley ISD
18
4.50
$22,470
$16,900
Eagle Mountain -Saginaw ISD
12
4.00
$18,844
$14,200
Grapevine-Colleyville ISD
6
1.00
$11,450
$8,600
Keller ISD
16
4.50
$27,824
$20,900
Lewisville ISD
1
0.00
$400
$400
Mansfield ISD
14
5.50
$27,590
$20,700
Northwest ISD
13
2.50
$18,031
$13,600
Trophy Club MUD No. 1
1
0.50
$1,339
$1,100
TOTALS
185.00
Page 9 of 10
XVII. JOINT CONTRACT ACCEPTANCE AND APPROVAL
IN TESTIMONY HEREOF, this agreement has been executed on behalf of the parties hereto as follows, to -wit:
(1) It has on the / ( day of , 2014 been executed by the Tarrant County Elections
Administrator pursuant to the Tex Election Code so authorizing;
(2) It has on the '-1_ap day of �&l L , 2014 been executed on behalf of the Town of Trophy
Club pursuant to an action of the Town of Trophy Club so authorizing;
ACCEPTED AND AGREED TO BY THE TARRANT COUNTY ELECTIONS ADMINISTRATOR:
APPROVED:
Stephen Vickers
Chief Deputy Elections Administrator
Acting pursuant to Texas Government Code § 601.002
ACCEPTED AND AGREED TO BY THE TOWN OF TROPHY CLUB:
APPROVED: ATTEST
Connie White, Mayor
Town of Trophy Club, Texas
Ta
To
Page 10 of 10
Ord, T wn Secretary
Trop' 7Club, Texas
7WIPMET"re'.
In addition to the early voting polling location located within the Town, Trophy Club Denton
County voters may vote at all early voting polling locations as designated and maintained by
Denton County throughout the County.
Trophy Club Tarrant County voters may only vote at the early voting polling locations as
designated and maintained by Tarrant County throughout the County.
The Order of Election will be amended at a later date to include early voting sites added due
to joint elections with other political subdivisions.
s-
Tarrant County
Early voting by personal appearance will •' conducted at:
Locations designated by Tarrant County.
Monday, April 28
it a.m. — 5:00 •
Tuesday, April 2%'
8:00 a.m. — 5:00 p.m.
Wednesday, April 3(],8:00
a.m. — 5:00 •
!.
dayMay
:11+ — 5:00 p.m.
Friday, May
:ii a.m.—:i1 •
•+ May 3
8:00 a.m. — 5:00 •
Monday, May 5-1
7:00 a.m. — 7:00 •
Tuesday, May %
7:00 a.m. — 7:00 p.m.
Tarrant County
Early voting by personal appearance will •' conducted at:
Locations designated by Tarrant County.
Monday, April 28
it a.m. — 5:00 •
Tuesday, April 2%'
8:00 a.m. — 5:00 p.m.
Wednesday, April 3(],8:00
a.m. — 5:00 •
Thursday, May
:11. — 5:00 •
Friday, May 2
8:00 a.m. — 5:00 •
Saturday, May 3
8:00 a.m. — 5:00 •
Monday, May 5
7:00 a.m. — 7:00 •
Tuesday, May 6
7:00 a.m. — 7:00 •
ORD 2014-03
Page 13 of 14
EXHIBIT "Dys
ORDER OF ELECTION FOR TROPHY CLUB
An election is hereby ordered to be held on May 10, 2014 for the purpose of:
Ordering and calling a Joint General and Special Election for the Town of Trophy Club
("town") to be held on may 10, 2014 for the purpose of electing one (1) Mayor for a
three (3) year term and two (2) Council Members for Place #1 and Place #2 to the Town
Council for a three (3) year term each in order to include information relative to Tarrant
County Election Administration and polling locations and to restate the conditions of the
May, 2014 Election as previously adopted by Ordinance No. 2014-02; ordering and
calling a Special Election for the purpose of electing one (1) Council Member for Place
#3 to the Town Council to fill the remainder of an unexpired term of office of Place #3
created by a vacancy (term expiring may, 2015); and ordering and calling a special
election to submit to the resident qualified voters of the Town of Trophy Club a
proposition relating to the reauthorization of the local sales and use tax at the rate of
one-fourth of one percent (0.25) in order to continue providing revenue for maintenance
and repair of municipal streets for a specified period.
Early voting by personal appearance will be conducted each weekday at: 100 Municipal
Drive between the hours of 8:00 a.m. and 5:00 p.m. beginning on Monday, April 28,
2014 and ending on Tuesday, May 6, 2014 with Monday, May 5, 2014 and Tuesday,
May 5, 2014 hours of 7:00 a.m. to 7:00 p.m.
For the May 10, 2014 Joint General/Special Election, additional early voting will be held
at 100 Municipal Drive on Saturday, May 3, 2014 between the hours of 8:00 a.m. and
5:00 p.m.
Issued this the 26th day, of February 2014.
Connie White, Mayor
Town of Trophy Club, Texas
ORD 2014-03
Page 14 of 14