ORD 2022-01 - May General ElectionTOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2022-01
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB, TEXAS, ORDERING AND CALLING A GENERAL ELECTION
FOR THE TOWN OF TROPHY CLUB ("TOWN") TO BE HELD ON MAY
7, 2022 FOR THE PURPOSE OF ELECTING ONE (1) COUNCILMEMBER
FOR PLACE NO. 5 AND ONE (1) COUNCILMEMBER FOR PLACE NO.
6, EACH TO SERVE A THREE YEAR TERM ENDING 2025, ON THE
TOWN OF TROPHY CLUB TOWN COUNCIL; PROVIDING FOR THE
INCORPORATION OF PREMISES; SPECIFYING THE DATE OF
ELECTION; SPECIFYING THE PURPOSE OF THE ELECTION;
SPECIFYING ELIGIBILITY FOR CANDIDACY; PROVIDING FOR
APPLICATION FOR A PLACE ON THE BALLOT; PROVIDING FOR A
RUNOFF ELECTION; AUTHORIZING CONTRACTS WITH DENTON
COUNTY ELECTIONS AND TARRANT COUNTY ELECTIONS FOR
ADMINISTRATION OF THE ELECTION; ESTABLISHING OTHER
PROCEDURES FOR CONDUCTING THE ELECTION; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 41.001(a) of the Texas Election Code establishes the first
Saturday in May as a Uniform Election Date for the purposes of conducting a Joint
General 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 Joint General 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, Section 3.005(c) of the Texas Election Code provides that an election
ordered by an authority of a municipality shall be ordered not later than the 78th day
before Election Day; and
WHEREAS, the Town Council desires to and hereby orders a Joint General
Election for the purpose of electing one (1) Councilmember for Place No. 5 and one (1)
Councilmember for Place No. 6, each for a three (3) year term.
NOW, THEREFORE, BE IT ORDAINED BY THE TROPHY CLUB TOWN
COUNCIL:
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 Election shall be held on May 7, 2022, from 7:00 a.m.
to 7:00 p.m.
SECTION 3.
PURPOSE OF ELECTION
The purpose of the General Election is to elect one (1) Councilmember for Place No. 5
and one (1) Councilmember for Place No. 6, each for a three (3) year term, on the Town
of Trophy Club Town Council.
SECTION 4.
ELIGIBILITY FOR CANDIDACY
As set forth in Section 141.001 of the Texas Election Code, to be eligible for a public
elective office in this state, a person must: 1) be a United States citizen; 2) be 18 years
of age or older on the first day of the term to be filled at the election or on the date of
appointment, as applicable; 3) have not been determined by a final judgment of a court
exercising probate jurisdiction to be: (A) totally mentally incapacitated; or (B) partially
mentally incapacitated without the right to vote; 4) have not been finally convicted of a
felony from which the person has not been pardoned or otherwise released from the
resulting disabilities; 5) have resided continuously in the state for 12 months and in the
territory from which the office is elected for six months immediately preceding the
following date; (6) be registered to vote in the territory from which the office is elected;
and 7) satisfy any other eligibility requirements prescribed by law for the office.
Additional requirements are set forth in Article III, Section 3.02, of the Trophy Club Town
Charter and are as follows:
(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;
ORD. 2022-01 Page 2 of 8
(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 Councilmember files to become a candidate for another public office,
he shall resign his current seat upon filing for the new office.
SECTION 5.
APPLICATION FOR A PLACE ON THE BALLOT
For the purpose of the May 7, 2022 General Election and pursuant to Section 143.007 of
the Texas Election Code, any eligible and qualified person may have their name printed
upon the official ballot as a candidate for the office stated on their application by filing a
sworn application with the Town Secretary not earlier than January 19, 2022 and not later
than 5:00 p.m. on February 18, 2022. 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 of the Texas Election
Code.
SECTION 6.
RUNOFF ELECTION
If no candidate receives a majority of all votes cast 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 been set for June 18, 2022.
SECTION 7.
NOTICE OF ELECTION PUBLICATION
Notice of the Election shall be given by posting a notice containing a substantial copy of
this Ordinance in both English, Spanish, and Vietnamese at the Town Hall on the bulletin
board used for posting notices of the Town Council meetings 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 earlier than the 30th day (April 7, 2022) or later than the 10th
day before (April 27, 2022) election day.
SECTION 8.
ELECTIONS ADMINISTRATION/CONTRACTS
8.1 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
ORD. 2022-01 Page 3 of 8
requirements of the Code. Ballot applications and ballots voted by mail shall be sent to:
Early Voting Clerk, P.O. Box 1720, Denton, Texas 76202. 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 Denton County Elections
Administration, 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 "A" hereto; such locations may be
changed or additional early voting locations may be added by the Denton County
Elections Administrator, without further action of the Town Council, as is necessary for
the proper conduct of the Election.
8.2 Tarrant County. The Tarrant County Elections Administrator, Heider Garcia, 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, P.O. 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, 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 Tarrant County
Elections Center, 2700 Premier Street, Fort Worth, Texas 76111-3011. 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 "A" hereto; such locations may be
changed or additional early voting locations may be added by the Tarrant County
Elections Administrator, without further action of the Town Council, as is necessary for
the proper conduct of the Election.
8.3 Since the Town of Trophy Club is located in both Denton County and Tarrant County,
the Mayor, or Town Secretary, is authorized to execute the necessary contracts for the
administration of the May 7, 2022 General Election to the extent required for the Election
to be conducted in an efficient and legal manner as determined by the Denton County
Election and/or Tarrant County Election Administrators. Upon approval by the Town
Council, the Joint Election Agreements between the Town and Denton County and
Tarrant County Election Offices shall be approved and incorporated herein by reference
as Exhibits"B".
ORD. 2022-01 Page 4 of 8
SECTION 9.
CANVASS OF ELECTION
Pursuant to Section 67.002 of the Texas Election Code, the Town Council will canvass
the Election not earlier than May 10, 2022, and not later than May 18, 2022. 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 Meetings Act for other Town Council meetings in
accordance with the Chapter 551 of the Local Government Code.
SECTION 10.
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 11.
SEVERABILITY
It is hereby declared to be the intent of the Trophy Club Town Council 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 12.
ENGROSSMENT AND ENROLLMENT
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 13.
EFFECTIVE DATE
This Ordinance shall take effect immediately upon adoption.
ORD. 2022-01 Page 5 of 8
PASSED AND APPROVED by the Town CoUnPii of the Town
Texas this 25th day of January 2022.
iciaAL.14Fleur , ayor
ATTEST:
O$ 7��—
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' __� ti Vacek, TRMC/CMC/MMC
Town Governance Officer/Town Secretary
phy Club,
ORD. 2022-01 Page 6 of 8
EXHIBIT "A"
NOTICE FOR EARLY VOTING
Incorporated By Reference
Trophy Club Denton County voters may only vote at the 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.
DENTON COUNTY
*Early voting by personal appearance will be conducted at:
Days and Hours designated by Denton County:
Monday, April 25
8:00 a.m. to 5:00 p.m.
Tuesday, April 26
8:00 a.m. to 5:00 p.m.
Wednesday, April 27
8:00 a.m. to 5:00 p.m.
Thursday, April 28
8:00 a.m. to 5:00 p.m.
Friday, April 29
8:00 a.m. to 5:00 p.m.
Saturday, April 30
8:00 a.m. to 5:00 p.m.
Sunday, May 1
11:00 a.m.to 5:00 p.m.
Monday, May 2
7:00 a.m. to 7:00 p.m.
Tuesday, May 3
, 7:00 a.m. to 7:00 p.m.
*Subject to change by Denton County
TENTATIVE
TARRANT COUNTY
*Early voting by personal appearance will be conducted at:
I Days and Hours designated by Tarrant County: I
Monday, April 25
Tuesday, April 26
Wednesday, April 27
Thursday, April 28
Friday, April 29
Saturday, April 30
Sunday, May 1
Monday, May 2
Tuesday, May 3
8:00 a.m. to 5:00 p.m.
8:00 a.m. to 5:00 p.m.
8:00 a.m. to 5:00 p.m.
8:00 a.m. to 5:00 p.m.
8:00 a.m. to 5:00 p.m.
7:00 a.m. to 7:00 p.m.
11:00 a.m.to 4:00 p.m.
7:00 a. m. to 7:00 p. m.
7:00 a.m. to 7:00 p.m.
*Subject to change by Tarrant County
ORD, 2022-01 Page 7 of 8
EXHIBIT "B"
JOINT ELECTION AGREEMENT
BETWEEN THE TOWN OF TROPHY CLUB, TEXAS and DENTON COUNTY
ELECTIONS
AND
EXHIBIT "B"
JOINT ELECTION AGREEMENT (AWAITING CONTRACT)
BETWEEN THE TOWN OF TROPHY CLUB, TEXAS and TARRANT COUNTY
ELECTIONS
Incorporated By Reference
ORD. 2022-01 Page 8 of 8
THE STATE OF TEXAS COUNTY OF DENTON
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, herein referred to as "participating
authority or participating authorities" located entirely or partially inside the boundaries of
Denton County:
Participating Authorities:
[entities]
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 7, 2022 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 or Special Election on May 7,
2022. Denton County plans to hold county -wide voting for this General Election.
The County owns the Hart InterCivic Verity Voting System, 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 (participating authorities)
desire to use the County's 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 all
parties, IT IS AGREED as follows:
I. ADMINISTRATION
The participating authorities agree to hold a "Joint Election" with Denton County and each other
in accordance with Chapter 271 of the Texas Election Code and this agreement. The 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 Elections
Administrator for equipment, supplies, services, and administrative costs as provided in this
agreement. The 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 Verity 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.
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 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 Elections Administrator.
III. VOTING LOCATIONS
The Elections Administrator shall select and arrange for the use of and payment for all Early
Voting and Election Day voting locations. Voting locations will be, whenever possible, the usual
voting location for each election precinct in elections conducted by each participating authority,
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 Exhibit A of this agreement. In the event a voting location is not available or appropriate, the
Elections Administrator will arrange for use of an alternate location. The Elections Administrator
shall notify the participating authorities of any changes from the locations listed in Exhibit A.
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 bilingual polling place officials (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 2020 Census shall have one or more election
officials who are 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 Election judges and clerks who attend in -person voting equipment
training and/or procedures training, shall be compensated at the rate of $13 an hour. Election
judges and clerks that elect to complete online training shall be compensated as a rate of a flat
$40. In the event that as Election judge or clerk completes both in -person and online training,
they shall be compensated for the training resulting in the highest pay and will not be
compensated for both trainings.
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 them of their appointment, the dates/times and locations 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 pursuant to Texas Election Code Section 32.091 and overtime after 40 hours worked per
week, if applicable. The election judge, or their designee, will receive an additional sum of
$25.00 for picking up the election supplies and equipment prior to Election Day and for returning
the supplies and equipment to the central counting station after the polls close. Likewise, the
Lead Clerk in Early Voting, or their designee, will receive an additional sum of $25.00 for
picking up the election supplies prior to the first day of Early Voting and for returning the
supplies and equipment to the Elections Department after Early Voting has ended.
The compensation rates established by Denton County are:
Early Voting — Presiding Judge ($15/hour), Alternate Judge ($14/ hour), Clerk ($13/ hour)
Election Day — Presiding Judge ($15/hour), Alternate Judge ($14/ hour), Clerk ($13/ hour)
The Elections Administrator may employ other personnel necessary for the proper administration
of the election, as well as, pre and post -election administration. In such cases, costs shall be pro-
rated among participants of this contract. Personnel working in support of full-time staff will be
expensed on a pro -rated basis and include a time period of one week prior to the election, during
the election, and one week post -election. Personnel working in support 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.
If elections staff is required outside of the hours of the office's normal scope of business, the
entity(ies) responsible for the hours will be billed for those hours. The Elections Administrator
will determine when those hours are necessary, the number of staff and whom are necessary,
along with to whom the hours are to be billed. Cost for these hours will be billed at a rate of 1.5
times the staffs hourly rate (See Sections XV #10). The Election Administrator has the right to
waive these costs as they see fit.
V. PREPARATION OF SUPPLIES AND VOTING EQUIPMENT
The Elections Administrator shall arrange for delivery of all election supplies and voting
equipment including, but not limited to, the County's Verity voting system and equipment,
official ballot paper, 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. Any additional required
materials (required by the Texas Election Code) must be provided by the participating authority,
and delivered to the Elections Office thirty-three (33) calendar days (April 4, 2022) prior to
Election Day. If this deadline is not met, the material must be delivered by the participating
authority, to all Early Voting and Election Day locations affected, prior to voting commencing.
The Elections Administrator shall be responsible for conducting all required testing of the voting
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 authorities 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). Said list must be provided to the Elections
Office within three (3) business days following the last day to file for a place on the ballot or
after the election is ordered, whichever is later. The list must be in a Word document, the
information must be in an sentence case format, be in Arial 12 point font, and must contain
candidate contact information for the purposes of verifying the pronunciation of each candidate's
name. Each participating authority shall be responsible for proofreading and approving the
ballot insofar as it pertains to that authority's candidates and/or propositions. Each participating
authority shall be responsible for proofing and approving the audio recording of the ballot insofar
as it pertains to that authority's candidates and/or propositions. The approval must be finalized
with the Elections Office within five (5) calendar days of the receipt of the proofs, or the
provided proofs shall be considered approved.
The joint election ballots shall list the County's election first. The joint election ballots that
contain ballot content for more than one joint participant because of overlapping territory shall
be arranged with the appropriate school district ballot content appearing on the ballot following
the County's election, followed by the appropriate city ballot content, and followed by the
appropriate water district or special district ballot content.
Early Voting by personal appearance and on Election Day shall be conducted exclusively on
Denton County's Verity voting system including provisional ballots.
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 the relevant
employees upon hiring as required by Election Code 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 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 authorities shall serve in that
capacity without additional compensation.
Exhibit A of this document includes locations, dates, and times that voting will be held for Early
Voting by personal appearance. Any qualified voter of the Joint Election may vote early by
personal appearance at any one of the joint early voting locations. All requests for temporary
branch polling places will be considered, and determined based on the availability of facility and
if it is within the Election Code parameters. All costs for temporary locations including coverage
by Election Administration staff will be borne by the requesting authority. The Elections
Administrator will determine when those hours are necessary, the number of staff and whom are
necessary, along with to whom the hours are to be billed. Cost for these hours will be billed at a
rate of 1.5 times the staff s hourly rate (See Sections XV #10). The Election Administrator has
the right to waive these costs as they see fit.
The standard dates and hours for the May 7, 2022 election will be as follows:
Monday, April 25, 2022 through Saturday, April 30, 2022; 8am — 5pm
Sunday, May 1, 2022; 1lam-5pm
Monday, May 2, 2022 through Tuesday, May 3, 2022; 7am-7pm.
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 of the Early Voting Clerk is as follows:
Frank Phillips, Early Voting Clerk
Denton County Elections
PO Box 1720
Denton, TX 76202
Email: elections@dentoncounty.gov
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.) shall 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 A 10 1
Denton, TX 76208
Email: elections@dentoncounty.gov
The Elections Administrator shall post on the county website, the participating authority's Early
Voting Roster on a daily basis. In accordance with Section 87.121 of the Election Code, the
daily roster showing the previous day's early voting activity will be posted no later than 11:00
am each business day.
VII. EARLY VOTING BALLOT BOARD
Denton County shall appoint the Presiding Judge of 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 an Alternate Presiding Judge and one 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.
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 Section 127.002, 127.003, and 127.005
of the Texas Election Code, appoint the following central counting station officials:
Counting Station Manager: Brandy Grimes, Deputy Elections Administrator
Tabulation Supervisor: Jason Slonaker, Technology Resources Coordinator
Presiding Judge: Early Voting Ballot Board Judge
Alternate Judge: Early Voting Ballot Board Alternate Judge
The counting station manager or their representative shall deliver timely cumulative reports of
the election results as precincts report to the central counting station and are tabulated by posting
on the Election Administrator's Election Night Results website. 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 (if requested) and by posting to the Election Administrator's Election Night
Results website. To ensure the accuracy of reported election returns, results printed on the
reports produced by Denton County's voting equipment will not be released to the participating
authorities at the remote collection locations or 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 authorities 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 their designee, of the date of the canvass, no later than three days
after Election Day.
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 of Denton County
agrees that they 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 three (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 eligible to hold runoff elections agrees that the date of the runoff
election, if necessary, shall be Saturday, June 18, 2022, with early voting being held in
accordance with the Election Code.
XI. ELECTION EXPENSES AND ALLOCATION OF COSTS
The participating authorities agree to share the costs of administering the Joint Election.
Allocation of general expenses, which are not directly attributable to an individual polling
location, will be expensed by each participating authority's percentage of registered voters of the
total registered voters of all participating authorities.
Expenses for Early Voting by personal appearance shall be allocated based upon the actual costs
associated with each early voting location. Each participating authority shall be responsible for
an equal portion of the actual costs associated with the early voting locations within their
jurisdiction. Participating authorities that do not have a polling location within their jurisdiction
shall pay an equal portion of the nearest polling location.
Election Day location expenses will be allocated based on each participating authority's
percentage of registered voters assigned to each polling place. If a participating authority's
election is conducted at more than one Election Day polling location there shall be no charges or
fees allocated to the participating authority for the cost of the Election Day polling location in
which the authority has fewer than 50% of the total registered voters served by that polling
location, except that if the number of registered voters in all of the authority's polling locations is
less than the 50% threshold, the participating authority shall share the expenses, based on their
percentage of registered voters, of the polling location at which it has the greatest number of
registered voters.
In the event that participating authorities with overlapping boundaries cannot make an agreement
on Early Voting and/or Election Day locations, the requesting participating authority agrees to
bear the entire expense of the location.
Each participating authority requesting additional hours, outside of the standard hours, for a
location or locations, agree to split the cost of the additional open hours equally amongst the
requesting participating authorities.
Costs for Early Voting by mail, in -person ballots, provisional ballots, and Poll Pad paper shall be
allocated according to the actual number of ballots issued to each participating authority's voters
and the cost shared equally amongst participating authorities of each ballot style.
Each participating authority agrees to pay the 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 an 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 as provided by the Texas Election Code, 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 location within their Denton County territory shall pay a flat fee of $400 for election
expenses.
Election expenses, including but not limited to, overtime charges for Election Office staff, and
any unforeseen expenses needed to conduct the election, will be borne by the participating
authority or authorities, affected.
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 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 fees, if applicable.
It is agreed that any of the joint election early voting locations that are not within the boundaries
of one or more of the remaining participating authorities, with the exception of the early voting
location 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 location(s). In
the event that any early voting location is eliminated under this section, as 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 appropriate 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 authorities agree that any recount
shall take place at the office 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
Treasurer and the Denton 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 Denton
County, Texas.
5. In the event that one of 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.
9. Failure for a participating authority to meet the deadlines as outline in this contract may
result in additional charges, including but not limited to, overtime charges, etc.
10. Elections Staffing Hourly Rate (includes all benefit pay):
Absentee Voting Coordinator
Voter Registration Clerk
Technology Resources Coordinator
Elections Technician
Voter Registration Coordinator
Training Coordinator
Election Coordinator
$46.135
$33.760 - $51.822
$59.547
$42.000 - $45.530
$44.431
$55.650
$38.056
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 7, 2022 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:
[pagebreak]
THIS PAGE INTENTIONALLY BLANK.
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 21st day of January, 2022 been executed by the Denton County Elections
Administrator pursuant to the Texas Election Code so authorizing;
(2) It has on the 251h day of January, 2022 been executed on behalf of the Town of Trophy Club
pursuant to an action of the 25th day of January, 2022 the Town Council so authorizing;
ACCEPTED AND AGREED TO BY DENTON COUNTY ELECTIONS ADMINISTRATOR:
APPROVED:
_76vw�
Frank Phillips, CERA
ACCEPTED AND AGREED TO BY THE TOWN OF TROPHY CLUB, TEXAS
APPROVE . ATTEST:
ayor A cia Fleury icia k, Town Governance Officer/Town Sec
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:
ARLINGTON ISD
AZLE ISD
BIRDVILLE ISD
CARROLL ISD
CITY OF ARLINGTON
CITY OF AZLE
CITY OF BEDFORD
CITY OF COLLEYVILLE
CITY OF DALWORTHINGTON GARDENS
CITY OF EULESS
CITY OF FOREST HILL
CITY OF FORT WORTH
CITY OF GRAND PRAIRIE
CITY OF HALTOM CITY
CITY OF HASLET
CITY OF KELLER
CITY OF KENNEDALE
CITY OF LAKE WORTH
CITY OF MANSFIELD
CITY OF RICHLAND HILLS
CITY OF RIVER OAKS
CITY OF ROANOKE
CITY OF SAGINAW
CITY OF WATAUGA
CITY OF WESTWORTH VILLAGE
CROWLEY ISD
EAGLE MOUNTAIN-SAGINAW ISD
FORT WORTH ISD
GRAPEVINE-COLLEYVILLE ISD
KELLER ISD
LEWISVILLE ISD
MANSFIELD ISD
NORTHWEST ISD
TARRANT COUNTY
TOWN OF EDGECLIFF VILLAGE
TOWN OF FLOWER MOUND
TOWN OF PANTEGO
TOWN OF TROPHY CLUB
TOWN OF WESTLAKE
TROPHY CLUB MUD 1
WHITE SETTLEMENT ISD
The Tarrant County Elections Administrator and the political subdivisions mentioned above may be collectively
referred to as "Parties" or individually as a "Party".
This Contract is made pursuant to Texas Election Code Sections 31.092 and 271.002 — 271.004, if applicable, and
Texas Education Code Section 11.0581 for a joint May 7, 2022 election to be administered by the undersigned Tarrant
County Elections Administrator, hereinafter referred to as "Elections Administrator." This term includes the Assistant
Elections Administrator in the Elections Administrator's absence or disability.
RECITALS
Each Participating Authority listed above plans to hold a general and/or special election on May 7, 2022. If a run-
off election or a repeat election is necessary because of legal action, the date of that election will be June 18, 2022.
The County owns an electronic voting system, the Hart InterCivic Verity Voting System (Version 2.5), 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, also known interchangeably as "Entities" or "Participating Authority(ies)", 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. The entity desires to contract for the voting system as described, in tandem with the County's elections
services through the Elections Administrator's office, and to compensate the County for such use and to share in other
expenses connected with join elections in accordance with the applicable provisions of law and of this contract.
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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 ("Joint Election") 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. Legal advice to or legal representation
of the Entities/political subdivisions/Participating Authorities by the Election Administrator's office or lawyers who advise or
represent the Election Administrator is not included herewith; each Entity should consult with its own counsel for any legal
issues that arise, or with the Texas Secretary of State, as appropriate.
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.
Each Participating Authority agrees to adopt the adopt the Verity Voting System v. 2.5, from HART InterCivic,
as the Voting System for this election, so that it may be used, in accordance with the terms and conditions specified in
the certification order issued by the Texas Secretary of State, for all forms of voting, including election day voting at
polling locations, early voting in person, early voting by mail, and provisional voting.
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. 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, including (but not necessarily limited to), as
required by law, Spanish and Vietnamese. Each Participating Authority shall provide a copy of their respective election
orders and notices to the Tarrant County Elections Administrator.
111. 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 7, 2022 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 7, 2022 at the entrance to any
Joint Election Agreement and Contract for Election Services-- Page 2
EA Initials EnkitAkeb Initials
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 7, 2022 election. This notice shall be written in both the English,
Spanish, and Vietnamese languages.
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) and (fluent in both English and Vietnamese)]. In compliance
with the Federal Voting Rights Act of 1965, as amended, each polling place containing more than 5% Hispanic or
Vietnamese population as determined by the most recent Census used for such determinations shall have one or more
election officials who are fluent in both English and Spanish, or both English and Vietnamese, as applicable. 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
interpretation and translation services as needed 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 ensure 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 the judge of the
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 or other law applicable to compensation for the election -related work. 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.
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
Joint Election Agreement and Contract for Election Services --- Page 3
EA Initials Enth Replinitials
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.
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 will be responsible for managing the Annual Ballot by Mail voters
for whom the Elections Administrator has received an Application for Ballot by Mail, including maintaining and making
available the early voting roster information in conformance with Section 87.121 of the Texas Election Code. Upon request
of a participating authority, the Early Voting Clerk will promptly make all information contained within the early voting roster
available for inspection by the participating authority, including the information maintained under Section 87.121(f). The
Participating Authorities understand that, as specified in section 87.121, information on the roster for a person to whom an
early voting mail ballot has been sent is not available for public inspection, except to the voter seeking to verify that the
information pertaining to the voter is accurate, until the first business day after election day.
In addition to making the information on the roster for a person who votes an early voting ballot by personal
appearance available for public inspection not later than the beginning of the regular business hours on the day after the
date the information is entered on the roster, 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 10:00 AM each business day.
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.
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Vill. 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: Heider Garcia, Elections Administrator
Tabulation Supervisor: Troy Havard, Assistant Elections Administrator
Presiding Judge: David Lambertsen
The Counting Station Manager or his/her representative shall deliver timely cumulative reports of the election results
as precinct report to the central and remote counting stations and are tabulated. The Counting Station 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 or by electronic distribution
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.
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 three (3) business days after the original
election, not counting election day.
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 7, 2022 election.
Each Participating Authority eligible to hold runoff elections agrees that the date of the runoff election, if necessary,
shall be June 18, 2022.
XI. ELECTION EXPENSES AND ALLOCATION OF COSTS
Joint Election Agreement and Contract for Election Services --- Page 5
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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.
Costs for Voting by Personal Appearance shall be allocated based upon the actual costs associated with each
voting site. Each Participating Authority shall be responsible for a pro-rata portion of the actual costs associated with the
voting sites located within their jurisdiction. Participating authorities that do not have a voting site within their jurisdiction
shall pay a pro -rats 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 (but not less than $ 75.00) 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.
Cost schedule and invoicin
A cost estimate for the services, equipment, and supplies provided by the Elections Administrator for the election
and the runoff election is shown below and in section XII of this Agreement. This cost estimate shall serve as the cost
schedule agreed upon by the contracting Parties, as referenced in Section 31.093(a), Texas Election Code.
As soon as reasonably possible after the election or the runoff election, the Elections Administrator will submit an
itemized invoice to each Party: (i) for the actual expenses he/she incurred as described above and (ii) for the Elections
Administrator's fee as described above. The invoice shall reflect any advance monies paid and any direct payments made.
The Elections Administrator will use his/her best efforts to submit the invoice within thirty (30) days after the election or
within ten (10) days after the runoff election.
The Elections Administrator's invoice shall be due and payable by each Party to the address set forth in the invoice
within thirty (30) days after its receipt by the Party. If the Party disputes any portion of the invoice, the Party shall notify the
Elections Administrator in writing within such thirty -day period, or the invoice will be presumed to be a true and accurate
rendering of the amount that is due.
XII. 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 fifteen (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 7, 2022 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 thirty (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 thirty (30) days after the final costs are calculated.
Joint Election Agreement and Contract for Election Services --- Page 6
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The total estimated obligation and required deposit for each Participating Authority under the terms of this
Agreement shall be as follows:
Political Subdivision
ARLINGTON ISD
AZLE ISD
BIRDVILLE ISD
CARROLL ISD
CITY OF ARLINGTON
CITY OF AZLE
CITY OF BEDFORD
CITY OF COLLEYVILLE
CITY OF DALWORTHINGTON GARDENS
CITY OF EULESS
CITY OF FOREST HILL
CITY OF FORT WORTH
CITY OF GRAND PRAIRIE
CITY OF HALTOM CITY
CITY OF HASLET
CITY OF KELLER
CITY OF KENNEDALE
CITY OF LAKE WORTH
CITY OF MANSFIELD
CITY OF RICHLAND HILLS
CITY OF RIVER OAKS
CITY OF ROANOKE
CITY OF SAGINAW
CITY OF WATAUGA
CITY OF WESTWORTH VILLAGE
CROWLEY ISD
EAGLE MOUNTAIN-SAGINAW ISD
FORT WORTH ISD
GRAPEVINE-COLLEYVILLE ISD
KELLER ISD
LEWISVILLE ISD
MANSFIELD ISD
NORTHWEST ISD
TARRANT COUNTY
TOWN OF EDGECLIFF VILLAGE
TOWN OF FLOWER MOUND
TOWN OF PANTEGO
TOWN OF TROPHY CLUB
TOWN OF WESTLAKE
TROPHY CLUB MUD 1
WHITE SETTLEMENT ISD
TOTALS
Actual # Billed # Estimated Deposit
Polls Polls Cost Due
31 9.92 $ 76,816.32 $ 57,620,00
2
0.58
$
7,573.47
$
5,690.00
3
0.92
$
16,392.61
$
12,300.00
3
0.83
$
6,703.92
$
5,030.00
33
10.20
$
78,097.24
$
58,580.00
1
0.33
$
6,546.21
$
4,910.00
1
0.50
$
9,778.06
$
7,340.00
1
0.33
$
6,406.88
$
4,810.00
1
0.33
$
4,348.37
$
3,270.00
3
1.08
$
12,296.93
$
9,230.00
1
0.33
$
6,546.21
$
4,910.00
109
34.05
$
229,026.93
$
171,780.00
4
1.17
$
10,283.92
$
7,720.00
1
0.33
$
13,734.42
$
10,310.00
1
0.25
$
6,151.54
$
4,620.00
3
0.92
$
9,256.65
$
6,950.00
2
0.45
$
9,436,76
$
7,080.00
1
0.20
$
8,357.25
$
6,270.00
6
1.75
$
17,670.39
$
13,260,00
1
0.33
$
8,988.72
$
6,750.00
2
0.83
$
10,729.75
$
8,050.00
0
0.00
$
400.00
$
300.00
3
0.83
$
8,687.82
$
6,520.00
2
0.58
$
6,508.96
$
4,890.00
1
0.25
$
6,012.21
$
4,510,00
11
3.12
$
26,927.88
$
20,200.00
8
2.20
$
14,777.25
$
11,090.00
89
28.18
$
137,933.41
$
103,460.00
3
1.08
$
13,518.18
$
10,140.00
10
2.82
$
26,905.14
$
20,180.00
1
0.13
$
4,246.84
$
3,190.00
11
3.25
$
29,450.49
$
22,090.00
8
1.94
$
12,985.12
$
9,740.00
166
52.96
$
515,533.15
$
386,650.00
1
0.20
$
5,914.74
$
4,440.00
1
0.13
$
4,246.84
$
3,190.00
1
0.33
$
4,452.87
$
3,340.00
1
0.13
$
3,514.08
$
2,640.00
3
0.53
$
5,157.70
$
3,870, 00
1
0.13
$
3,514.08
$
2,640,00
6
1.58
$
11,778.31
$
8,840.00
537 166 $ 1,397,607.59 $ 1,048,400.00
Joint Election Agreement and Contract for Election Services --- Page 7
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XII1. 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 (but not less than $ 75.00). 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.
XIV. 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
public information 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 public information request which may be filed
with the Participating Authority.
XV. 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.
XVI. 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 -rats share to be paid to the County by the Participating Authorities.
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.
Joint Election Agreement and Contract for Election Services --- Page 8
EA Initials Ebtitg RdP Initials
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.
9. In the event of an emergency or unforeseen event on Election Day that requires adjustment to these procedures to
keep the election operating in a timely, fair, and accessible manner, Elections Administrator may make such
adjustments to the procedures herein as the circumstances require.
[Signature Pages Follow]
Joint Election Agreement and Contract for Election Services --- Page 9
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XVII. JOINT CONTRACT ACCEPTANCE AND APPROVAL
By the signatures on the attached pages, the Elections Administrator and the representative of each entity warrant and
represent that they are authorized to enter into this Contract.
WITNESS THE FOLLOWING SIGNATURES AND SEAL ON THE DATE SHOWN BELOW:
The Elections Administrator:
Heider rcia
Elections Administrator
Date 0510 / Z ' ) 2
The State of Texas §
County of Tarrant §
Before me, the undersigned authority, on this day personally appeared Heider Garcia, known to me to be the person whose
name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purpose and
consideration therein expressed. Given under my hand and seal of office on this the �— day of --M&—,
20Z,?.
(Seal)
W&ture 4Nota
E(jgj
MARIA SERNA
Notary Public, State of Texas
Notary ID 12596975-4
My Commission Exp. 04-21-2025ap,
Joint Election Agreement and Contract for Election Services --- Page 10
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By the signatures on the attached pages, the Contracting Officer and the representative of each entity warrant and represent
that they are authorized to enter into this Contract.
WITNESS THE FOLLOWING SIGNATURES AND SEAL ON THE DATE SHOWN BELOW:
TOWN OF TROPHY CLUB:
Date
The State of Texas §
County of Tarrant §
Before me, the undersigned authority, on this day personally appeared Alicia L. Fleury, known to me to be the person whose
name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the. purpose and
consideration therein expressed. Given under my hand and seal of office on this the ---42_ day of
2112,,
(seal) Cignature
of Notary
2o;xYPLe� ANITAE.OTTERSON
My COMMISSION EXPIRES
truary 19, 2021
NOTARY iv: 1293149�^a.
Joint Election Agreement and Contract for Election Services --- Page 11
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