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ORD 2007-13TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2007-13 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING ORDINANCE NO. 2007-03 CALLING THE MAY 12, 2007 ELECTION BY AMENDING SECTIONS 2, 3, AND 4 OF ORDINANCE NO. 2007-03 TO ADD A GENERAL JOINT ELECTION BETWEEN THE TOWN OF TROPHY CLUB AND DENTON COUNTY IN ADDITION TO THE JOINT ELECTION BETWEEN THE TOWN OF TROPHY CLUB AND NORTHWEST INDEPENDENT SCHOOL DISTRICT, WITHOUT AFFECTING THAT PORTION OF ORDINANCE NO. 2007-03 CALLING THE MAY 12, 2007 FOR THE PURPOSE OF ELECTING A MAYOR AND TWO (2) COUNCIL MEMBERS TO THE TOWN COUNCIL FOR TWO (2) YEAR TERMS EACH OR CALLING THE JOINT ELECTION WITH NISD; PROVIDING THAT THE REMAINDER OF ORDINANCE NO. 2007-03 SHALL CONTINUE IN FULL FORCE AND EFFECT AND THAT THE MAYORAL ELECTION CALLED BY SUCH ORDINANCE SHALL NOT BE AFFECTED BY THE AMENDMENT OF ORDINANCE NO. 2007-03; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on February 5, 2007, the Town Council of the Town of Trophy Club, Texas (the "Town") passed and approved Ordinance No. 2007-03, which Ordinance ordered a General Joint Election between the Town of Trophy Club, Texas and NISD for the purpose of electing a Mayor and two (2) Council Members for two (2) year terms each to the Town Council and approving a joint election agreement between the Town and NISD; and WHEREAS, Denton County has notified the Town Secretary that based on the passing of Senate Joint Resolution 12 and House Joint Resolution 1, it is necessary for the County to conduct a Constitutional Amendment Election; and WHEREAS, Section 271.002 of the Texas Election Code provides that the governing bodies of two or more political subdivisions may enter into an agreement to hold a joint election if the elections ordered by the authorities of the subdivisions are to be held on the same day in all or part of the same territory and can be served by common polling places; and WHEREAS, the elections ordered by Denton County meet the statutory requirements for a joint election and a copy of the joint election agreement between the Town of Trophy Club and Denton County is attached hereto and incorporated as Exhibit "A"; and WHEREAS, the Town Council hereby desires that in addition to the joint election with NISD previously ordered pursuant to Ordinance No. 2007-03, an election be held jointly with Denton County on May 12, 2007, pursuant to the Texas Election Code, and that a joint election agreement between the Town and Denton County be approved. A copy of the joint election agreement between the Town and Denton County is attached hereto as Exhibit "A-1". The costs of such election are to be shared pursuant to the terms of the joint election agreement between the Town of Trophy Club and NISD and the terms of the joint election agreement between the Town and Denton County. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1 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 and Ordinance No. 2007-03 is hereby amended so that a new Section 2, "Date of Election", a new Section 3, "Purpose of Election" and a new Section 4, "Election Held Jointly with NISD and Denton County" are adopted as set forth below. SECTION 2 AMENDMENT The following sections of Ordinance No. 2007-03 are hereby amended to read in their entirety as follows: "SECTION 3 DATE OF ELECTION It is hereby ordered that a General Election (the "Election") shall be held in and throughout the Town of Trophy Club on Saturday, May 12, 2007. SECTION 4 PURPOSE OF ELECTION The purpose of the Town's General Election is to elect a Mayor and two (2) Council Members for two (2) year terms each. The purpose of the NISD General Election and Denton County shall be as provided in the order of its governing authority calling and ordering such election. SECTION 5 ELECTION HELD JOINTLY WITH NISD AND DENTON COUNTY The Town and NISD, and the Town and Denton County have entered into an agreement to share the costs of the May 12, 2007 election pursuant to Chapter 271 of the Texas Election Code. The election is being held jointly to gain efficiencies and cost savings due to new requirements relative to voting machines and other aspects of the election. A Joint Election Agreement between the Town and Denton County is attached hereto and incorporated herein as Exhibit A-1." The remainder of the provisions of Ordinance No. 2007-03 shall be unaffected by this amendment and shall be and read as set forth in Ordinance No. 2007-3. SECTION 6 CUMULATIVE CLAUSE This Ordinance shall be cumulative of all provisions of Ordinances of the Town of Trophy Club, Texas, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 7 SEVERABILITY CLAUSE 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 would have been enacted by the Town Council without incorporation of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 8 ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance as set forth in state law and Town Charter. SECTION 9 PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish in one issue of the official newspaper of the Town of Trophy Club, the caption and effective date clause of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 10 EFFECTIVE DATE This Ordinance shall become effective from and after its date of passage and publication in accordance with law. PASSED AND APPROVED by the Town Council of the Town of Troph Club, Texas this 19th day of March 2007. Mayor, Townnoff Trophy Club, Texas ATTEST: Town Secretary Town of Trophy Club, Texas [SEAL] �\ O V C C APPROVED AS TO FORM: „v Town Attorney Town of Trophy Club, Texas EXHIBIT"A" THE STATE OF TEXAS COUNTY OF DENTON Trophy Club, TEXAS II CONTRACT FOR ELECTION SERVICES BY THE TERMS OF THIS CONTRACT made and entered into by and between the Town of Trophy Club, as duly authorized by the Town Council hereinafter referred to as the Council, serving by and through its Town Secretary, as duly authorized by the Council, and DENTON COUNTY, TEXAS, acting by and through its Elections Administrator hereinafter referred to as the Contracting Officer, pursuant to the authority of Section 31.091, of the Texas Election Code, agree to the following particulars in regard to coordination, supervision and running of the Town of Trophy Club, May 12, 2007, General Election in Denton County. THIS AGREEMENT is entered into in consideration of the mutual covenants and promises hereinafter set out. IT IS AGREED AS FOLLOWS: DUTIES AND SERVICES OF TOWN. The Town Secretary shall be responsible for performing the following duties and shall furnish the following services and equipment: A. The Town Secretary shall arrange for appointment, notification (including writ of election), training and compensation of all presiding judges, alternate judges, the judge of the Central Counting Station if required and judge of the Early Voting Balloting Board. a) The Town Secretary shall be responsible for notification of each Election Day and early voting presiding judge and alternate judge of his or her appointment. The presiding election judge of each polling place will use his/her discretion to determine when additional manpower is needed during peak voting hours. The Town Secretary will determine the number of clerks to work in the Central Counting Station and the number of clerks to work on the early voting ballot board. The Contracting Officer with the approval of the Council shall utilize election judges appointed by the Town Council. b) The Town Secretary shall compensate each election judge and worker. Each judge and worker shall receive compensation per hour for services rendered based on rates set by the Town Council. c) Election Judges shall attend the Contracting Officer's school of instruction (Elections Seminar) to be held Thursday, May 10, 2007, in the Denton County Administration Building, 401 West Hickory, Denton 76201 or other location to be announced at 9:00 a.m. d) Election judges shall be responsible for picking up and returning election supplies. Compensation for this pickup and return will be $25.00. B. The Town Secretary shall procure, prepare, and distribute ballots, election kits and election supplies. These items are available through the Contracting Officer. a) The Town Secretary shall secure election kits that include the legal documentation required to hold an election and all supplies including locks, pens, magic markers, etc. Some of these items are available through the Contracting Officer. b) The Town Secretary shall secure all tables, chairs, duplication ballots, and legal documentation required to run to the central counting station and/or early voting ballot board. C. The Town Secretary shall be appointed the Early Voting Clerk by the Town of Trophy Club for the election in Denton County. a) The Contracting Officer shall supervise and conduct Early Voting by mail. b) Early Voting by personal appearance for the Town of Trophy Club May 12, 2007, Election in Denton County shall be conducted on weekdays beginning Monday, April 30, 2007, and continuing through Tuesday, May 8, 2007. Locations and times of voting by personal appearance shall be as per the Town election order. Times are as follows: Monday, April 30th Tuesday, May 1st Wednesday, May 2nd Thursday, May 3rd Friday, May 4th Saturday, May 5th Monday, May 7th Tuesday, May 8th 8 a.m. — 5 p.m. 7 a.m. — 7 p.m. 8 a.m. — 5 p.m. 8 a.m. — 5 p.m. 8 a.m. — 5 p.m. 8 a.m. — 12 p.m. 8 a.m. — 5 p.m. 7a.m.-7 p.m c) All applications for an Early Voting mail ballot shall be received and processed by the Denton County Elections Administration Office, P.O. Box 1720, Denton, Texas 76202. i. Applications for mail ballots erroneously mailed to the Town of Trophy Club shall immediately be faxed to the Contracting Officer for timely processing. The original application shall then be forwarded to the Contracting Officer for proper retention. ii. All Federal Post Card applications (FPGA) will be sent a mail ballot. No postage is required. d) All Early Voting ballots (those cast by mail and those cast by personal appearance) shall be prepared for count by the Early Voting Ballot Board in accordance with Section 87.000 of the Texas Election Code. The presiding judge of this Board shall be appointed by the Town Council. The Board shall meet for preparation of the early voting ballots on when ordered by the Town Secretary. D. The Town Secretary shall arrange for the use of all Election Day polling places. Denton County shall assume the responsibility of remitting 50% of the cost of all employee services required to provide access, provide security, or provide custodial services for the early voting and election day polling locations used that are located within the Town of Trophy Club jurisdiction boundaries, Denton County Texas. E. The Town Secretary shall be responsible for tabulation of the voted ballots in accordance with Section 127.000 of the Election Code and of this agreement. a) The Public Logic and Accuracy Test of the electronic voting system shall be conducted on Tuesday, March 27, 2007*, at 9:00 A.M., by the Contracting Officer. (*This date is subject to change based on receipt of jurisdiction ballot information and programming. If date is changed, you will be notified at least 48 hours prior to test.) b) Election night reports will be available to Council at the Elections Office on election night or through the cities local tabulation. c) The Town Secretary shall be responsible for returning the MBBs from the eScans if used, the Judges Booth Controller with MBB inside, Provisional ballots and any state required paperwork for tabulation by Saturday May 14, 2007. d) The Town Secretary shall prepare the unofficial canvass report after the jurisdiction has been counted, and will provide a copy of the unofficial canvass to the County Elections Office as soon as possible after all returns have been tallied. e) The Contracting Officer shall be appointed the custodian of the voted ballots and shall retain all election material for a period of 22 months. I. Pending no litigation and as prescribed by law, the voted and unused ballots shall be shredded or recycled 22 months after the election. H. The Council can obtain the list of registered voters from the Elections Administration Office during this retention period. Pending no litigation and if the Council does not request this list, the Contracting Officer shall destroy them 22 months after the election. f) The Contracting Officer shall conduct a partial manual count as prescribed by Section 127.201 of the Texas Election Code and submit a written report to the Council in a timely manner. The Secretary of State may waive this requirement. If applicable, a written report shall be submitted to the Secretary of State as required by Section 127.201(e) of the aforementioned code. II. Duties and Services of the Contracting Officer. The Contracting Officer shall assume the following responsibilities: A. The County shall prepare the election orders, resolutions, notices, justice department submissions, official canvass and other pertinent documents for adoption by the Commissioners Court for the County portion of the election. a) The Contracting Officer shall publish and post the Notice of the Public Logic and Accuracy Test of the electronic voting system and one press release. The Contracting Officer shall also prepare a certification of tabulation and an unofficial canvass reports that will assist the Town with the official canvass. b) The Contracting Officer assumes the responsibility of posting all notices and likewise posting the schedules for Early Voting and Election Day for each location where the county ballot will appear. B. The County shall provide the Contracting Officer with the ballot wording and Spanish interpretation. a) The County shall deliver to the Contracting Officer as soon as possible, but no later than noon Wednesday, March 14, 2007, the official wording in English and Spanish for the County's May 12, 2007, Special Elections. b) The County shall approve the "blue line" ballot format prior to the final printing. C) The Contracting Officer shall provide all lists of registered voters required for use on Election Day and for the early voting period required by law. The Election Day list of registered voters shall be arranged in alphabetical order by polling place in lieu of alphabetic by each precinct in each polling place. The Contracting Officer may use the computer database for the list of registered voters during early voting. d) The Contracting Officer shall procure and arrange for the distribution of all election equipment and supplies required to hold an election. i. Equipment includes the rental of voting machines, ballot boxes, transfer cases, voting signs, and directional poles and tote boxes. H. Supplies include ballots, sample ballots, early voting mail ballots, pens, tape, markers, etc. C. The County shall post the publication of election notice by the proper methods with the proper media for the county's portion of the election. D. The County shall prepare and submit to the U.S. Department of Justice under the Federal Voting Rights act of 1965, any required submissions on voting changes. E. The County shall compensate the Town for any additional election costs incurred in the process of running this election or for a re-count this election may require. The County shall pay a prorated cost of conducting the said election, pursuant to the Texas Election Code, Section 31.100. G. The Town shall provide the Contracting Officer with a "final" list of the jurisdictions allowed to vote in this election. This list will be provided to the Contracting Officer not later than March 14, 2007. III. Cost of Services. Costs of services will be prorated for ballots based on the Town of Trophy Club precincts voting. The Town of Trophy Club will reimburse 50% of ballot printing costs. Costs of labor and election supplies will be split 50/50 with Denton County or other calculated rate if additional jurisdictions participate in the Town of Trophy Club jurisdiction area of Denton County. IV. General Provisions. A. Nothing contained in this contract shall authorize or permit a change in the officer with whom or the place at which any document or record relating to the Town's May 12, 2007, General Election is to be filed or the place at which any function is to be carried out, or any nontransferable functions specified under Section 31.096 of the Texas Election Code. B. Upon request, the Contracting Officer will provide copies of all invoices and other charges received in the process of running said election for the Council. C. If the Town cancels their election pursuant to Section 2.053 of the Texas Election Code, the Town remains obligated to conduct the county portion of this election. An entity canceling an election will be reimbursed for costs incurred by the Contracting Officer in conducting the May 12, 2007, General Election on a prorated basis if applicable. D. The Contracting Officer shall file copies of this contract with the County Auditor of Denton County, Texas. WITNESS BY MY HAND THIS THE � 7 DAY OF �� 2007. DENTON COUNTY, TEXAS By.v( �C�G DON ALEXANDER Denton County Elections Administrator Denton County, Texas WITNESS BY MY HAND THIS THE �DAY 06611 %^'L) , 2007. Lisa Ramsey, Town Secretary Trophy Club, Texas