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ORD 2012-06TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2012-06 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, ORDERING AND CALLING A JOINT GENERAL ELECTION BETWEEN THE TOWN OF TROPHY CLUB AND TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1, TO BE HELD ON MAY 12, 2012 FOR THE PURPOSE OF ELECTING ONE (1) COUNCIL MEMBER FOR PLACE #3 FOR A THREE (3) YEAR TERM, AND ONE (1) COUNCIL MEMBER FOR PLACE #4 FOR A THREE (3) YEAR TERM; DESIGNATING A POLLING PLACE WITHIN THE TOWN; PROVIDING FOR THE APPOINTMENT OF A PRESIDING ELECTION JUDGE AND AN ALTERNATE PRESIDING ELECTION JUDGE; ESTABLISHING OTHER PROCEDURES FOR CONDUCTING THE ELECTION; ESTABLISHING A DATE FOR CANVASSING RETURNS; PROVIDING FOR NECESSARY ACTIONS; PROVIDING A JOINT ELECTION AGREEMENT WITH DENTON COUNTY; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 41.001(a)(2) of the Texas Election Code establishes the second Saturday of May as a Uniform Election Date for the purposes of conducting a General or Special Election; and WHEREAS, Section 3.004 of the Texas Election Code provides that the governing body of a municipality shall be the authority to order a General or Special Election; and WHEREAS, the Town Council finds and declares that the meeting at which this Ordinance is considered is open to the public as required by law, and that public notice of the time, place, and purpose of said meeting was given as required by Chapter 551, Texas Government Code, as amended; and WHEREAS, the Town Council desires to and hereby calls a General Election for the purpose of electing one (1) Council member for Place #3 for a three (3) year term, and electing one (1) Council member for Place #4 for three (3) year term to the Town of Trophy Club Town Council; and WHEREAS, Section 3.005 of the Texas Election Code provides that an election ordered by an authority of a municipality shall be ordered not later than the 62nd day before Election Day; and 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, having met the statutory requirements to hold the May, 2012 election jointly, the Town of Trophy Club and Trophy Club Municipal Utility District No. 1 have entered into a Joint Election Agreement, a copy of which is attached and incorporated herein as Exhibit "A"; and WHEREAS, because the Town of Trophy Club is located in both Denton County and Tarrant County, the Town will enter into an Election Services Contract with Denton County for the purpose of having Denton County provide election services for both the Denton County and Tarrant County residents of Trophy Club; and WHEREAS, the Election shall be conducted in accordance with the Code under the jurisdiction of the Denton County Elections Administration (the "Elections Administrator") pursuant to an Election Services Contract (the "Contract") by and among Denton County Elections Administration ("DCEA"), and other participating entities, if any, described in a Contract between the Town and Denton County, a copy of which Contract will be incorporated herein as Exhibit "B" upon its final approval and execution by the Town; and WHEREAS, Section 85.004 of the Texas Election Code provides that an election order and the election notice must state the location of each early voting polling place; and, NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. All resident, qualified voters of the Town shall be eligible to vote at the Election. Section 2. The voting precincts for the Election are designated by their respective county precinct numbers. The proposed times and locations of early voting for Denton County are set forth in Exhibit "C", a copy of which is attached hereto and incorporated herein. Exhibit "C" shall be amended to include the final schedule of times and locations of early voting for both Town of Trophy Club Denton and Tarrant County residents upon announcement by the Denton County Elections Administrator. Notwithstanding the foregoing, the early voting times and locations set forth in Exhibit "C" may be changed without further action of the Town Council if so directed by the Elections Administrator for Denton County. In addition to the early voting polling locations within the Town, all Denton County Trophy Club voters may vote at all early voting polling locations as designated and maintained by Denton County throughout the County. Tarrant County Trophy Club voters may only vote at the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas. The Elections Administrator is hereby authorized and directed to make such changes in polling locations as may be necessary for the proper conduct of the Election. Each polling place shall be open from 7:00 a.m. to 7:00 p.m. on Election Day. Section 3. The Denton County Elections Administrator, Frank Phillips, is hereby appointed as Denton County Early Voting Clerk for the Election. Deputy early voting judges/clerks will be appointed as needed to process early voting mail and to conduct early voting. Early voting by mail shall be conducted in conformance with the requirements of the Code. Ballot applications and ballots voted by mail shall be sent to: Early Voting Clerk, 401 West Hickory, Denton, Texas 76201. 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 "C" hereto. The main early voting polling place is hereby designated to be Joseph A. Carroll County Administration Building, 401 West Hickory, Denton, Texas 76201. Early voting shall be conducted by the Early Voting Clerk, at the main early voting polling location listed above, and at the locations designated on Exhibit "C" hereto; such locations may be changed or additional early voting locations may be added by the Elections Administrator, without further action of the Town Council, as is necessary for the proper conduct of the Election. Section 4. Compensation for election judges and alternate judges for their service in the Election shall be determined by the Elections Administrator. E -slate, a Direct Record Electronic (DRE) System shall be used for early voting by personal appearance, and in the May 12, 2012 election at Denton County Polling Sites. Paper ballots, which are optically scanned, shall be used for early voting by mail. In the May 12, 2012 election, the Elections Administrator shall cause ballots to be prepared in the form of the ballot first above prescribed, being in both English and Spanish, and shall furnish election officials such ballots, in such form, together with any other forms or blanks, in accordance with the Charter of the Town of Trophy Club, the Constitution and laws of the State of Texas and the Voting Rights Act of 1965, and any amendments thereto, insofar as same are applicable. Section 5. The purpose of such Election is to: elect one (1) Council member for Place #3 for a three (3) year term and elect one (1) Council member for Place #4 for a three (3) year term to the Town of Trophy Club Town Council. Section 6. As set forth in Section 141.001 of the Texas Election Code, no person shall be eligible for a public elective office of this state, unless that person is a United States citizen, has not been determined mentally incompetent by a final judgment of a court, has not been finally convicted of a felony from which the person has not been pardoned or otherwise released from the resulting disabilities, and has resided continuously in the State of Texas for twelve (12) months immediately preceding the date of the regular filing deadline for the candidate's application for a candidate whose name is to appear on the general election ballot, or the date of the election at which the candidate's name is written in for a write in candidate. Additional requirements are set forth in the Town Charter and are as follows: A. Mayor or Council Member: As set forth in Section 141.001 of the Texas Election Code and Article III of the Trophy Club Town Charter: (1) be at least twenty-one (21) years of age on the first day of the form to be filed; (2) be a citizen of the United States; (3) be a qualified voter of the Town; (4) reside and have resided for at least twelve (12) months preceding the election within the corporate limits of the Town; (5) no candidate may file for more than one office or position number per election; (6) no employee of the Town shall continue in such position after becoming a candidate for a Town elective office; and, (7) If any sitting Council member files to become a candidate for another public office, he shall resign his current seat upon filing for the new office. Section 7. Pursuant to Section 143.007 of the Texas Election Code, any eligible and qualified person may have that person's name printed upon the official ballot as a candidate for the office hereinbefore set forth by filing the person's sworn application with the Town Secretary not earlier than February 4, 2012 and not later than 5:00 p.m. on March 5, 2012. Each such application shall be on a form as prescribed by the Texas Election Code. The order in which the names of the candidates are to be printed on the ballot shall be determined by a drawing by the Town Secretary as provided by Section 52.094 of the Texas Election Code. Notice of the time and place for such drawing shall be given in accordance with Section 52.094(c) and (d) of the Texas Election Code. Section 8. If no candidate receives a majority of all votes cast for all of the candidates for his or her office at such election as required to be lawfully elected, there shall be a runoff election held. The runoff election shall be conducted as required by the Town Charter and the Texas Election Code. Notwithstanding the foregoing, due to legal action pending in Court, the runoff election date has tentatively been set for June 23, 2012. Section 9. In addition to the early voting polling location located within the Town, Trophy Club Denton County voters may vote at all early voting polling locations as designated and maintained by Denton County throughout the County per the Joint Election Agreement and Contract for Election Services with Denton County. Trophy Club Tarrant County voters may only vote at the early voting polling location designated and maintained by the Denton County Elections Administrator. Section 10. The election materials enumerated in the Code shall be printed in both English and Spanish for use at the polling places and for early voting for the Election and provisions shall be made for oral assistance to Spanish-speaking voters. Section 11. The election officers shall make returns for the Election in the manner required by law, and the ballots that are properly marked in conformance with the provisions of the Code for votes cast both during the period of early voting and on the day of the Election shall be counted in the manner required by law. Section 12. Notice of the Election shall be given by posting a notice containing a substantial copy of this Ordinance in both English and Spanish at the Town Hall on the bulletin board used for posting notices of the meetings of the Town Council and by publication of said notice one time in a newspaper of general circulation published within the Town, the date of the publication to be not less than fourteen (14) days nor more than thirty (30) days prior to the date set for the Election. Section 13. Pursuant to Section 67.002 of the Texas Election Code, the Town Council will canvass the election not earlier than May 15, 2012 and not later than May 23, 2012. Notice of the time and place for canvass shall be posted on the official bulletin board in the same manner as required by the Open Meeting Act for other Town Council meetings in accordance with the Chapter 551 of the Local Government Code. Section 14. 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 15. 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 16. The Town Manager or the Town Manager's designee is authorized to amend or supplement the Contract to the extent required for the Election to be conducted in an efficient and legal manner as determined by the Elections Administrator. Attached and incorporated herein as Exhibit "B" is a copy of a joint election agreement between the Town and the Denton County Elections Department. Section 17. 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 18. This Ordinance shall take effect immediately upon adoption. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 5th day of March, 2012. ATTEST: t k) IAI (I Town Secretary, Sh6nnon DePrater Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: Town Attorney, Patricia Adams Town of Trophy Club, Texas Mayor, Connie White Town of Trophy Club, Texas ORD 2012-06 Page 6 of 9 EXHIBIT A JOINT ELECTION AGREEMENT BETWEEN THE TOWN OF TROPHY CLUB, TEXAS and TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO 1. JOINT ELECTION AGREEMENT BETWEEN THE TOWN OF TROPHY CLUB, TEXAS and TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1. wwaz�==�� =02 :]:am 1:4 0 11K61 0 1 kvir-Ays VW -4111 V40 This Joint Election Agreement (hereinafter "Agreement") is entered into this 21s' day of February, 2012, by and between the Town of Trophy Club, Texas, ("Town") and Trophy Club Municipal Utility District No. 1, ("MUD1") to conduct a Joint Election to be held on May 12, 2012, in Trophy Club, Texas. WITNESSETH: WHEREAS, the Town of Trophy Club, Texas and Trophy Club Municipal Utility District No. 1, desire to conduct an election on May 12, 2012; and WHEREAS, pursuant to Chapter 271, Texas Election Code, if an election ordered by the authorities of two or more political subdivisions is to be held on the same day in all or part of the same territory, the governing bodies of the political subdivisions may enter into an agreement to hold the election jointly in the election precincts that can be served by common polling places; and WHEREAS, in accordance with Chapter 271 of the Texas Election Code, the Town of Trophy Club, Texas and the Trophy Club Municipal Utility District No. 1, mutually desire to enter into a Joint Election Agreement for an election to be held on May 12, 2012; and WHEREAS, The Election shall be conducted in accordance with the Election Code under the jurisdiction of the Denton County Elections Department (the "Elections Administrator") pursuant to the Joint Election Agreement and Contract for Election Services (the "Contract") by and among Denton County Elections Department ("DCED"), and other participating entities, if any, described in the Contract; and NOW, THEREFORE, for and in consideration of the above and foregoing premises, the benefits flowing to each of the parties hereto, and other good and valuable consideration, the Town of Trophy Club, Texas and Trophy Club Municipal Utility District No. 1, (hereinafter individually referred to as "Participant" and collectively referred to as "Participants") do hereby agree as follows: TERMS: 1. Administration: Each Participant shall be responsible for the preparation, adoption, Department of Justice submissions, and publication of all required election orders, resolutions, ordinances, notices, and any other pertinent documents required by the Texas Election Code and /or Participant's governing body, charter, ordinances or orders. Each Participant shall be responsible for the preparation of the necessary materials for notices and the official ballot shall be the responsibility of each Participant, including translations to languages other than English. Each Participant shall provide a copy of their respective election orders and notices to the Denton County Elections Administrator. Each Participant shall be responsible for its submission required by the Federal Voting Rights Act of 1965, as amended, with regard to the administration of the Joint Election; any other changes or election items which require preclearance under the Federal Voting Rights Act of 1965, as amended. Each Participant agrees to assist in recruiting polling place officials who are bilingual (fluent in both English and Spanish). If the Elections Administrator is unable to recommend or recruit a bilingual worker, the Participants shall be responsible for recruiting a bilingual worker for translation services at that polling place. 2. Allocation of Election Expenses: The Participants agree to share all costs of the May 12, 2012 Joint Election, including but not limited to all costs incurred in preparing and administering such Joint Election, based upon the costs set forth in the Joint Election Agreement and Contract for Election Services with Denton County. The cost of any special request(s) which is not agreed upon by all Participants shall be borne by the requesting Participant in its entirety. In the event of a runoff election, the Participant requiring the runoff shall be responsible for all costs associated with preparing and administering such election. 3. Election Officers: Denton County Elections will be responsible for the appointment of the presiding judge and alternate at polling location, and also for the appointment of the Early Voting Ballot Board. Participants agree to employ the number of election clerks as the need determines, and that all election workers shall be paid accordingly per the Joint Election Agreement and Contract for Election Services with Denton County. 4. Early Voting; Locations: Participants agree to conduct Joint Early Voting and to appoint the Elections Administrator as the Early Voting Clerk in accordance with Sections 31.097 and 271.006 of the Texas Election Code. Participants agree to appoint the Elections Administrator's permanent county employees as deputy early voting clerks. Participants 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 2012 Joint Election Agreement Town & MUD Page 2 of 6 Elections Administrator or any Participants shall serve in that capacity without additional compensation. As Early Voting Clerk, the Elections Administrator shall receive applications for early voting ballots to be voted by mail in accordance with Chapter 31 and 86 of the Texas Election Code. Any requests for early voting ballots to be voted by mail received by the Participants shall be forwarded immediately by fax or courier to the Elections Administrator for processing. Early Voting by personal appearance will be held at the locations listed in Attachment "A" of this document and on the dates and times as provided below. Any qualified voter of the Joint Election may vote early by personal appearance at any of the Joint Early Voting locations. Voters residing in Tarrant County may only vote on Town and/or MUD -related items at the Town of Trophy Club early voting polling location. Monday, April 30 8 a.m. — 5 p.m. Tuesday, May 1 8 a.m. — 5 p.m. Wednesday, May 2 8 a.m. — 5 p.m. Thursday, May 3 8 a.m. — 5 p.m. Friday, May 4 8 a.m. — 5 p.m. Saturday, May 5 8 a.m. — 5 p.m. Monday, May 7 7 a.m. — 7 p.m. Tuesday, May 8 7 a.m. — 7 p.m. Early Voting will not be conducted on any other Saturday, or on any Sunday or official State and/or national holiday during the period of early voting. Early Voting, both by personal appearance and by mail, shall be by use of electronic system ballots, which ballots shall conform to the requirements of the Texas Election Code, and in so doing shall permit the voters to vote on the following: to elect one (1) Council member for Place #3 for a three (3) year term and one (1) Council member for Place #4 for a three (3) year term to the Town of Trophy Club Town Council; and to elect one (1) Director for Place #1 for a four (4) year term and one (1) Director for Place #2 for a four (4) year term for Trophy Club MUD 1 Board of Directors. Early voting shall also allow for voting on any measure or other special election called by Town and/or MUD1. 5. Ballots: Preparation of the official ballots for the Election shall conform to the requirements of the Texas Election Code, and in so doing shall permit the voter to vote for two (2) Town of Trophy Club Council Members as follows: one (1) Council member for Place #3 for a three (3) year term, one (1) Council member for Place #4 for a three (3) year term to the Town of Trophy Club Town Council; and to elect one (1) Director for Place #1 for a four (4) year term and one (1) Director for Place #2 for a four (4) year term for Trophy Club MUD 1 Board of Directors. Ballots shall also allow voting on any measure or other special election called by Town and/or MUD1. 2012 Joint Election Agreement Town & MUD Page 3 of 6 6. Canvassing: Participants shall convene separately at properly posted meetings in the time frame required by the Election Code and canvass the results of their respective elections. 7. Runoff Election: In the event a runoff is necessary, this Agreement will automatically be extended to cover the runoff, unless a Participant states in writing immediately upon notice that a runoff election will be necessary that it does not want to participate in a joint runoff. Costs of a runoff election shall be allocated in accordance with Paragraph 2 above. 8. Term of Agreement. This Agreement shall be effective upon execution by all Participants and may be terminated in accordance with Paragraph 7 by written notice only pursuant to Paragraph 9 of this Agreement. 9. Notice: 'Whenever this Agreement requires any consent, approval, notice, request or demand, it must be in writing to be effective and shall be delivered to all Participants by certified mail, return receipt requested, and shall be properly addressed as follows: If to the Town of Trophy Club: Town of Trophy Club Town Manager 100 Municipal Drive Trophy Club, Texas 76262 If to Municipal Utility District No. 1: Trophy Club Municipal Utility District No. 1 District Manager 100 Municipal Drive Trophy Club, Texas 76262 10. Authority to Execute Agreement: The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions or other act extending such authority have been duly passed and are now in full force and effect. 11. Counterparts: This Agreement may be executed in any number of counterparts and each shall be considered an original and collectively shall constitute one agreement; but in making proof of this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 12. Entire Agreement: This Agreement represents the entire and integrated agreement between the Participants and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Agreement may be amended only by written instrument signed by all Participants. 13. Hold Harmless: To the extent allowed by law, each Participant does hereby agree to waive all claims against, release, and hold harmless each other Participant and its respective officials, officers, agents, employees, in both their public and private capacities, from any and all liability, claims, suits, demands, losses, damages, attorneys fees, including all expenses of litigation or settlement, or causes of action which may arise by, result from, or relate to the performance of this Agreement, 2012 Joint Election Agreement Town & MUD Page 4 of 6 including but not limited to injury to or death of any person or for loss of, damage to, or loss of use of any property arising out of or in connection with this Agreement. 14. Severability: If any of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other part of this Agreement are for any reason held to be invalid, void or unenforceable, the remainder of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other part of this contract shall remain in full force and effect and shall in no way be affected, impaired or invalidated. IN WITNESS WHEREOF, the Town of Trophy Club and Trophy Club Municipal Utility District No. 1 have executed this Agreement on the day and year first hereinabove set forth. TOWN OF TROPHY CLUB, TEXAS i.:l� onnie White, Mayor F-1 --- Effective: February 21, 2012 ATTEST: 0 By: d 0 hfinl'U'/)� il Mh-f s,gnnon DePra-l'er—,Town Secretary By Patricia Adams, Town Attorney TROPHY CLUB MUNICIPAL UTILITY DISTRICT jlh. 1 F ft Jim ss, President ATTEST: By Laurie Slaght, MUD Secretar� By: PaK E<-oJn1WbAttomey 2012 Joint Election Agreement Town & MUD Page 5 of 6 ATTACHMENT A OF JOINT ELECTION AGREEMENT BETWEEN THE TOWN OF TROPHY CLUB, TEXAS and TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1, JOINT ELECTION AGREEMENT BETWEEN THE TOWN OF TROPHY CLUB, TEXAS and TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1, NOTICE FOR EARLY VOTING EARLY VOTING Early voting by personal appearance will be conducted at: 100 Municipal Drive on the following: Monday, April 30 Tuesday, May 1 Wednesday, May 2 Thursday, May 3 Friday, May 4 Saturday, May 5 Monday, May 7 Tuesday, May 8 8 a.m. — 5 p.m. 8 a.m. — 5 p.m. 8 a.m. — 5 p.m. 8 a.m. — 5 p.m. 8 a.m. — 5 p.m. 8 a.m. — 5 p.m. 7 a.m. — 7 p.m. 7 a.m. — 7 p.m. In addition to the early voting polling locations located within the Town, Trophy Club Denton County voters may vote at all early voting polling locations as designated and maintained by Denton County throughout the County. Trophy Club Tarrant County voters may only vote at the early voting polling locations located within the Town of Trophy Club. 2012 Joint Election Agreement Town & MUD Page 6 of 6 EXHIBIT B JOINT ELECTION AGREEMENT BETWEEN THE TOWN OF TROPHY CLUB, TEXAS and DENTON COUNTY 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 located entirely or partially inside the boundaries of Denton County: Town ofArgyle City of Oak Point City ofAubrey City ofPilot Point Town ofBertmviUa Town of Ponder City ofCelina Town ofProsper Town ofCopper Canyon Town ofProvidence Village City ofCorinth City nfRoanoke Town ofCorral City City ofSanger Town ofCross Roads Town ofShady Shores City ofDenton City ofThe Colony Town ofDISH Town ofTrophy Club Town ofDouble Oak Town ofWestlake Town ofFlower Mound Argyle Independent School District City ofFort Worth Aubrey Independent School District City ofFrisco Celina Independent School District City ofHackbeny Denton Independent School District Town ofHebron Frisco Independent School District Town ofHickory Creek Krum Independent School District City ofHighland Village Lake Dallas Independent School District City ofJustin Lewisville Independent School District City ufKmgemiUa Little Elm Independent School District City ofKrum Northwest Independent School District City ufLake Dallas Pilot Point Independent School District City ofLakewood Village Ponder Independent School District City ofLewisville Prosper Independent School District Town ofLincoln Park Sanger Independent School District Town ofLittle Elm Trophy Club MUD 1 City ofNorth|ake This contract iemade pursuant to Texas Election Code Sections 31.092and 271.O02and Texas Education Code Section 11.0581 for e joint May 12. 2012 election to be administered by Frank Ph0ipe, Denton County Elections Administrator, hereinafter referred to as "Elections Administrator." RECITALS Each participating authority listed above plans to hold a general and/or special election on May 12, 2012. The County owns an electronic voting system, the Hart |nbadCiviceSlaheAeSuon Voting System (Version 621)` which has been duly approved bythe Secretary of8tabapumuandtoTexaoBecUonCodaChapter122aoamendod.and in compliant with the accessibility requirements for persons with disabilities set forth by Texas Election Code Section 81.012. The contracting political subdivisions desire touse the County's electronic voting system and tocompensate the County for such use and to ohona in certain other expenses connected with joint elections in accordance with the applicable provisions ofChapters 31 and 271ofthe Texas Election Code, aeamended. NOW THEREFORE, in consideration of the mutual oovenanto, ogreemento, and benefits to the parties, IT IS Page 1 of 10 I. ADMINISTRATION The parties 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 Denton County Elections Administrator shall coordinate, supervise, and handle all aspects of administering the Joint Election as provided in this agreement. Each participating authority agrees to pay the Denton County Elections Administrator for equipment, supplies, services, and administrative costs as provided in this agreement. The Denton County Elections Administrator shall serve as the administrator for the Joint Election; however, each participating authority shall remain responsible for the decisions and actions of its officers necessary for the lawful conduct of its election. The Elections Administrator shall provide advisory services in connection with decisions to be made and actions to be taken by the officers of each participating authority as necessary. At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The participating parties shall share a mutual ballot in those polling places where jurisdictions overlap. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not overlap. 11. LEGAL DOCUMENTS Each participating authority shall be responsible for the preparation, adoption, and publication of all required election orders, resolutions, notices, and any other pertinent documents required by the Texas Election Code and/or the participating authority's governing body, charter, or ordinances, except that the Elections Administrator shall be responsible for the preparation and publication of all electronic voting equipment testing notices that are required by the Texas Election Code. Election orders should include language that would not necessitate amending the order if any of the Early Voting and/or Election Day polling places change. Preparation of the necessary materials for notices and the official ballot shall be the responsibility of each participating authority, including translation to languages other than English. Each participating authority shall provide a copy of their respective election orders and notices to the Denton County Elections Administrator. The Elections Administrator shall prepare a submission, on behalf of all participating authorities, to the United States Department of Justice for preclearance of the joint election procedures and polling places, pursuant to the Voting Rights Act of 1965, as amended. The Elections Administrator will provide to each participating authority a photocopy of the joint submission and any correspondence from the Department of Justice. The joint submission prepared by the Elections Administrator will not include submission of information for any special elections held by the participating authorities. Participating authorities are hereby notified and encouraged to prepare their own submissions to the United States Department of Justice for special election procedures, or any changes that are specific to their own political subdivision. By signing this agreement, each participating authority certifies that it has no unresolved preclearance or voting rights issues known to it that would preclude or delay Department of Justice preclearance of the joint election. The Elections Administrator will file an amended submission to the United States Department of Justice in the event that any polling places are changed after the original submission is filed, including changes resulting from the withdrawal of one or more participating authorities pursuant to Section XII of this contract. 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 Page 2 of 10 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 12, 2012 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 12, 2012 at the entrance to any previous polling places in the jurisdiction stating that the polling location has changed and stating the political subdivision's polling place names and addresses in effect for the May 12, 2012 election. This notice shall be written in both the English and Spanish languages. IV. ELECTION JUDGES, CLERKS, AND OTHER ELECTION PERSONNEL Denton County shall be responsible for the appointment of the presiding judge and alternate judge for each polling location. The Elections Administrator shall make emergency appointments of election officials if necessary. Upon request by the Elections Administrator, each participating authority agrees to assist in recruiting polling place officials who are bilingual (fluent in both English and Spanish). In compliance with the Federal Voting Rights Act of 1965, as amended, each polling place containing more than 5% Hispanic population as determined by the 2010 Census shall have one or more election official who is fluent in both the English and Spanish languages. If a presiding judge is not bilingual, and is unable to appoint a bilingual clerk, the Elections Administrator may recommend a bilingual worker for the polling place. If the Elections Administrator is unable to recommend or recruit a bilingual worker, the participating authority or authorities served by that polling place shall be responsible for recruiting a bilingual worker for translation services at that polling place. The Elections Administrator shall notify all election judges of the eligibility requirements of Subchapter C of Chapter 32 of the Texas Election Code, and will take the necessary steps to insure that all election judges appointed for the Joint Election are eligible to serve. The Elections Administrator shall arrange for the training and compensation of all election judges and clerks. The Elections Administrator shall arrange for the date, time, and place for presiding election judges to pick up their election supplies. Each presiding election judge will be sent a letter from the Elections Administrator notifying him of his appointment, the time and location of training and distribution of election supplies, and the number of election clerks that the presiding judge may appoint. Each election judge and clerk will receive compensation at the hourly rate established by Denton County pursuant to Texas Election Code Section 32.091. The election judge will receive an additional sum of $25.00 for picking up the election supplies prior to Election Day and for returning the supplies and equipment to the central counting station after the polls close. Election judges and clerks who attend voting equipment training and/or procedures training shall be compensated at the rate of $7 per hour. The Elections Administrator may employ other personnel necessary for the proper administration of the election, including such part-time help as is necessary to prepare for the election, to ensure the timely delivery of supplies during early voting and on Election Day, and for the efficient tabulation of ballots at the central counting station. Part-time personnel working as members of the Early Voting Ballot Board and/or central counting station on election night will be compensated at the hourly rate set by Denton County in accordance with Election Code Sections 87.005, 127.004, and 127.006. Page 3 of 10 V. PREPARATION OFSUPPLIES AND VOTING EQUIPMENT The Elections Administrator shall arrange for all election supplies and voting equipment imduding, but not limited to, the County's electronic voting system and equipment, sample ballots, voter registration lists,enda|lformu.signo.mapn 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 donot have tables and/or chairs. The Elections Administrator shall be responsible for conducting all required testing of the electronic equipment, as required by Chapters 127 and 129 of the Texas Election Code. At each polling location, joint participants shall share voting equipment and supplies hothe extent possible. The participating parties shall share o mutual ballot in those pnaoindo where jurisdictions overlap. K8u|Up|e ballot styles oheU be available in those shared polling places where jurisdictions do not overlap. The Elections Administrator ohoU provide the necessary voter registration informoUon, mopu, inatruutiono, 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 oho|| furnish the Elections Administrator 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 ha/d in each language in which the authority's ballot is to be printed). Each participating authority shall be responsible for proofreading and approving the ballot and the audio recording of the beUot, insofar as it pertains tothat 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 inthe following order: Independent School Disthct, City. VVebarDiothct(n). and other political subdivisions. Early Voting by Personal Appearance and voting on Election Day shall be conducted exclusively on Denton County's eS|aiaelectronic voting system. The Elections Administrator shall be responsible for the preparation, testing, and delivery of the voting equipment for the election aorequired bythe Election Code. The Elections Administrator shall conduct criminal background checks on relevant employees upon hiring as required byElection Code Section 129.O51(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.O87and 271.O06 ofthe 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 neoenoary, and that these additional deputy early voting clerks shall be compensated at on hourly rate set by Denton County pursuant to Section 83.062 of the Texas Election Code. Deputy early voting clerks who are permanent employees of the Denton County Elections Administrator orany participating authority shall serve inthat 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 OG 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. Page 4of1U The Elections Administrator shall provide each participating authority a copy of the early voting report on a daily basis and o cumulative final early voting report following the election. In oocundonoe with Section 87121(Q) of the Election Code. the daily reports showing the previous day's early voting activity will be distributed to each participating authority nolater than 9:00AK0each business day. This will beaccomplished byDenton County posting the daily reports on its website. \4i EARLY VOTING BALLOT BOARD Denton County shall appoint anEarly Voting Ballot Board (EV8B) toprocess early voting results from the Joint Election. The Presiding Judge, with the assistance of the Elections Adminiatnator, ohoU appoint two or more additional members toconstitute the EVBB. The Elections Administrator shall determine the number of EVBB members required to efficiently process the early voting ballots. \4U. 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 ofthe Texas Election Code and of this The participating authorities he,eby, in accordance with Section 127.002. 127.003. and 127805 of the Texas Election Code, appoint the following central counting station officials: Counting Station Manager: Frank Phillips, Denton County Elections Administrator Tabulation Supervisor: Eric Leijo.Denton County Technical Operations Manager Presiding Judge: Jason Barnett, Deputy Elections Administrator Alternate Judge: Paula Paschal, Contract Manager The counting station manager or his representative ohed| deliver timely cumulative reports of the election roouKa as precincts report to the central and remote counting stations and are tabulated. The manager shall baresponsible for releasing unofficial cumulative totals and precinct returns from the election bothe joint parUdpenta, oendidabaa, pnsoo, and general public bydistribution ofhard copies ot the central counting station and byposting tnthe Denton County web site. To ensure the accuracy nfreported election returno, naou|to printed onthe tapes produced by Denton County's voting equipment will not be released to the participating authorities at the remote collection aib»o or by phone from individual polling locations. The Elections Administrator will prepare the unofficial canvass reports after all precincts have been counted, and will deliver a copy of the unofficial canvass to each participating authority as soon as possible after all returns have been tabulated. The Elections Administrator will include the tabulation and precinct -by -precinct results that are required by Texas Election Code Section 67.004 for the participating entities to conduct their respective oonvaoaaa. 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 Coda. The Elections Administrator agn*aa 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. Page 5 of 10 IX. RUNOFF ELECTIONS Each participating authority shall have the option of extending the terms of this agreement through its runoff election, if applicable. In the event of such runoff election, the terms of this agreement shall automatically extend unless the participating authority notifies the Elections Administrator in writing within 3 business days of the original election. Each participating authority shall reserve the right to reduce the number of early voting locations and/or Election Day voting locations in a runoff election. If necessary, any voting changes made by a participating authority between the original election and the runoff election, shall be submitted by the authority making the change to the United States Department of Justice for the preclearance required by the Federal Voting Rights Act of 1965, as amended. Each participating authority agrees to order any runoff election(s) at its meeting for canvassing the votes from the May 12, 2012 election and to conduct its drawing for ballot positions at or immediately following such meeting in order to expedite preparations for its runoff election. Each participating authority eligible to hold runoff elections agrees that the date of the runoff election, if necessary, shall be Saturday, June 23, 2012. This date may be negotiable based on the Secretary of State's calendar for elections in 2012. X. ELECTION EXPENSES AND ALLOCATION OF COSTS The participating authorities agree to share the costs of administering the Joint Election. Allocation of costs, unless specifically stated otherwise, is mutually agreed to be shared according to a formula which is based on the average cost per election day polling place (unit cost) as determined by adding together the overall expenses and dividing the expenses equally among the total number of polling places. Costs for polling places shared by more than one participating authority shall be pro -rated equally among the participants utilizing that polling place. It is agreed that charges for Election Day judges and clerks and Election Day polling place rental fees shall be directly charged to the appropriate participating authority rather than averaging those costs among all participants. If a participating authority's election is conducted at more than one election day polling place, there shall be no charges or fees allocated to the participating authority for the cost of election day polling places in which the authority has fewer than 50% of the total registered voters served by that polling place, except that if the number of registered voters in all of the authority's polling places is less than the 50% threshold, the participating authority shall pay a pro -rata share of the costs associated with the polling place where it has the greatest number of registered voters. The participating authorities agree to share the cost of Early Voting. Allocations of costs is mutually agreed to be shared according to a formula which is based on the cost of all Early Voting polling locations being divided equally among the number of participating authorities. Costs for Early Voting by Personal Appearance shall be allocated based upon the actual costs associated with each early voting site. Each participating authority shall be responsible for a pro -rata portion of the actual costs associated with the early voting sites located within their jurisdiction. Participating authorities that do not have a regular (non -temporary) early voting site within their jurisdiction shall pay a pro -rata portion of the nearest regular early voting site. Each participating authority agrees to pay the Denton County Elections Administrator an administrative fee equal to ten percent (10%) of its total billable costs in accordance with Section 31.100(d) of the Texas Election Code. The Denton County Elections Administrator shall deposit all funds payable under this contract into the appropriate fund(s) within the county treasury in accordance with Election Code Section 31.100. The Denton County Elections Administrator reserves the right to adjust the above formulas in agreement with any individual jurisdiction if the above formula results in a cost allocation that is inequitable. Page 6 of 10 XI. 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. Any monies deposited with the Elections Administrator by the withdrawing authority shall be refunded, minus a cancellation fee of $75.00. XII. RECORDS OF THE ELECTION The Elections Administrator is hereby appointed general custodian of the voted ballots and all records of the Joint Election as authorized by Section 271.010 of the Texas Election Code. Access to the election records shall be available to each participating authority as well as to the public in accordance with applicable provisions of the Texas Election Code and the Texas Public Information Act. The election records shall be stored at the offices of the Elections Administrator or at an alternate facility used for storage of county records. The Elections Administrator shall ensure that the records are maintained in an orderly manner so that the records are clearly identifiable and retrievable. Records of the election shall be retained and disposed of in accordance with the provisions of Section 66.058 of the Texas Election Code. If records of the election are involved in any pending election contest, investigation, litigation, or open records request, the Elections Administrator shall maintain the records until final resolution or until final judgment, whichever is applicable. It is the responsibility of each participating authority to bring to the attention of the Elections Administrator any notice of pending election contest, investigation, litigation or open records request which may be filed with the participating authority. XIII. 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. XIV. MISCELLANEOUS PROVISIONS 1. It is understood that to the extent space is available, other districts and political subdivisions may wish to participate in the use of the County's election equipment and voting places, and it is agreed that the Elections Administrator may contract with such other districts or political subdivisions for such purposes and that in such event there may be an adjustment of the pro -rata share to be paid to the County by the participating authorities. 2. The Elections Administrator shall file copies of this document with the Denton County Judge and the Denton County Auditor in accordance with Section 31.099 of the Texas Election Code. 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. Page 7 of 10 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. XV. 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 Denton County Elections Administrator a deposit of approximately 90% of this estimated obligation no later than 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 12, 2012 election (or runoff election, if applicable), and if the amount of an authority's total obligation exceeds the amount deposited, the authority shall pay to the Elections Administrator the balance due within 30 days after the receipt of the final invoice from the Elections Administrator. However, if the amount of the authority's total obligation is less than the amount deposited, the Elections Administrator shall refund to the authority the excess amount paid within 30 days after the final costs are calculated. The total estimated obligation and required deposit for each participating authority under the terms of this agreement shall be as follows: Estimated Deposit Political Subdivision Cost Town of Argyle Town of Bartonville Town of Copper Canyon City of Corinth Town of Cross Roads City of Denton Town of DISH Town of Flower Mound City of Fort Worth City of Hackberry City of Hebron Town of Hickory Creek City of Justin City of Kru erville City of Lake Dallas City of Lewisville Town of Little Elm City of Oak Point Page 8 of 10 Town of Ponder Town of Shady Shores City of Southlake City of The Colony Town of Trophy Club Aubrey ISD Krum ISD Lewisville ISD Liftle Elm ISD Northwest ISD Pilot Point ISD Ponder ISD Sanger ISD Trophy Club MUD1 Revised 1.09.2012 (11:00 a.m.) Page 9 of 10 XVII. JOINT CONTRACT ACCEPTANCE AND APPROVAL IN TESTIMONY HEREOF, this agreement has been executed on behalf of the parties hereto as follows, to -wit: (1) It has on the v day of f� 2012 been executed by the Denton County Elections Administrator pursuant to the Texas Election Code so authorizing; (2) It has on the 5th day of March, 2012 been executed on behalf of the Town of Trophy Club pursuant to an action of the Town Council of the Town of Trophy Club so authorizing; ACCEPTED AND AGREED TO BY DENTON COUNTY ELECTIONS ADMINISTRATOR: APPROVED: ul) FRANK PHILLIPS ACCEPTED AND AGREED TO BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB: APPROVED: onnie White, Mayor Town of Trophy Club ATTESTED: Oa non DePrater, Towns cretary Town of Trophy Club EXHIBIT C In addition to the early voting polling location located within the Town, Trophy Club Denton County voters may vote at all early voting polling locations as designated and maintained by Denton County throughout the County per the Joint Election Agreement and Contract for Election Services with Denton County. Trophy Club Tarrant County voters may only vote at the early voting polling locations as designated and maintained by Tarrant County throughout the County. The Order of Election will be amended at a later date to include early voting sites added due to joint elections with other political subdivisions. NOTICE FOR EARLY VOTING Denton County Early voting by personal appearance will be conducted at: 100 Municipal Drive on the following: Monday, May 2 8:00 a.m. — 5:00 p.m. Tuesday, May 3 8:00 a.m. — 5:00 p.m. Wednesday, May 4 8:00 a.m. — 5:00 p.m. Thursday, May 5 8:00 a.m. — 5:00 p.m. Friday, May 6 8:00 a.m. — 5:00 p.m. Saturday, May 7 8:00 a.m. — 5:00 p.m. Monday, May 9 7:00 a.m. — 7:00 p.m. Tuesday, May 10 7:00 a.m. — 7:00 p.m.