HomeMy WebLinkAboutR-2374-2-05RESOLUTION NO. 2374-2-051R)
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ORDERING A JOINT ELECTION TO BE HELD ON MAY 7,
2005, FOR THE PURPOSE OF ELECTING THE MAYOR AND CITY
COUNCILMEMBER FOR PLACE NO. 2; DESIGNATING LOCATION OF
POLLING PLACE; ORDERING NOTICES OF ELECTION TO BE GIVEN AS
PRESCRIBED BY LAW IN CONNECTION WITH SUCH ELECTION;
AUTHORIZING EXECUTION OF JOINT ELECTION AGREEMENT; AND
PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS, THAT:
SECTION 1. Municipal officer's election is hereby ordered for May 7, 2005, to be held jointly with the Allen
Independent School District for the purpose of electing the Mayor and Allen City Councilmember Place No. 2.
The Mayor and City Councilmember for Place No. 2 shall be elected to hold office for a period of three years.
SECTION 2. The polling place where qualified voters shall cast ballots at such location in the City of Allen
2005 regular municipal election is as follows:
County Election Precincts Pollinn Place
' All City Precincts Old Allen Library Building
301 Century Parkway
Allen, Texas
Election polls shall be open from 7:00 a.m. until 7:00 p.m. on the date of the election.
SECTION 3. Early voting by personal appearance shall be available weekdays at the Collin County Elections
Administration Office, Main Early Voting Place Location, 2010 Redbud Blvd., Suite 102, McKinney, TX
75069 and the Old Allen Library Building, 301 Century Parkway, Allen, Texas 75013 beginning on
Wednesday, April 20, 2005, through Tuesday, May 3, 2005, during the normal working hours of 8:00 a.m.
until 5:00 p.m. with extended early voting hours on Thursday, April 21, from 8:00 a.m. to 7:00 p.m. and
Saturday, April 23, from 8:00 a.m. to 5:00 p.m. Applications for ballot by mail shall be received and
processed by the Collin County Elections Administrator, 2010 Redbud Blvd, Suite 102, McKinney, TX
75069. Applications for ballots by mail must be received no later than the close of business on April 29, 2005.
SECTION 4. The City Secretary is hereby directed to cause notice of said election to be published at least
once, not earlier than the 30th day nor later than the 10th day, before election day as provided in Section
4.003(a) (1) of the Texas Election Code; and shall be posted on the bulletin board used for posting notices of
the City Council meetings not later than the 21 st day before election day. A copy of the published notice that
contains the name of the newspaper and the date of publication shall be retained as a record of such notice, and
the person posting the notice shall make a record at the time of posting stating the date and place of posting in
accordance with Texas Election Code Section 4.005.
' SECTION 5. Pursuant to the Joint Election Agreement, Elections Administrator of Collin County shall serve
as Elections Administrator for the election. Presiding Election Judge and an Alternate Presiding Election
Judge appointed to serve at said polling places and the early voting clerk and deputy early voting clerks shall
be those election officials furnished by the Elections Administrator from the list of proposed election judges
listed in an attachment to the agreement.
SECTION 6. In accordance with Section 123.001 of the Texas Election Code, the Diebold Voting Systems
(formerly Global Election Systems) AccuVote TS R6 (v. 4.1.15) approved by the Secretary of State is hereby
adopted for the early voting period and election day on May 7, 2005, and the Diebold Accuvote OS (Optical
Scan) will be used to tabulate mail ballots.
SECTION 7. The election shall be conducted in accordance with the Joint Election Agreement, attached as
Exhibit "A," between the City of Allen and Allen Independent School District, and the Elections Administrator
of Collin County for the joint election on May 7, 2005. The City Manager is hereby authorized to execute a
Joint Election Agreement with the Elections Administrator of Collin County for the Joint Election on May 7,
2005. The City Manager shall have further authority to approve any minor modifications as may be necessary
in the best interest of the City.
SECTION 8. An Early Voting Ballot Board shall be created to process early voting results in accordance with
Section 87.007 of the Texas Election Code. The Early Voting Ballot Board shall be made up of members
appointed in the manner stated in the Election Contract and the Presiding Judge and Alternate Presiding Judge
of the Early Voting Board shall he the election officials listed in the Election Contract.
SECTION 9. In compliance with Section 271.006 of the Texas Election Code, the Elections Administrator
will be appointed as Chief Deputy Early Voting Clerk. Other deputy early voting clerks will be appointed as
needed to process early voting mail and to conduct early voting by personal appearance at the branch locations.
SECTION 10. This resolution shall take effect immediately upon its passage.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 8"a DAY OF FEBRUARY. 2005.
' APPROVED:
Stephen Terrell, MAYOR
ATTEST:
Shelley B. G TRMC, CITY SECRETARY
Resolution No. 2374-2-05(R), Page 2
May 7, 2005
Joint General Election
Contract for Election Services
City of Allen/Allen ISD
May 7, 2005
Joint General Election
Table of Contents
I.......................................................Duties and Services of Contracting Officer
Il.............................................Duties and Services of the City and School District
III.....................................................................................Cost of Services
IV...........................................................................Joint Election Agreement
V....................................................................................General Provisions
Exhibits
Exhibit A ................................................... Early Voting Schedule and Locations
Exhibit B............................................................Election Day Polling Locations
ExhibitC.............................................................................Cost of Services
Exhibit D..................................................................Joint Election Agreement
Mov 7. 1005, Join, General Elettion - Allen ON & AISD
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THE STATE OF TEXAS
CONTRACT FOR COUNTY OF COLLIN
g
CITY - SCHOOL
ALLEN ELECTION SERVICES
BY THE TERMS OF THIS CONTRACT made and entered into by and between the CITY OF
ALLEN, hereinafter referred to as the "CITY," and the BOARD OF TRUSTEES OF THE
ALLEN INDEPENDENT SCHOOL DISTRICT, hereinafter referred to as the "SCHOOL
DISTRICT," and SHARON ROWE, Elections Administrator of Collin County, Texas,
hereinafter referred to as "Contracting Officer," pursuant to the authority in Subchapter D,
Section 31.091, of Chapter 31, of the Texas Election Code, agree to the following particulars in
regard to coordination, supervision and running of the City and School District's May 79 2005,
Joint General Election.
THIS AGREEMENT is entered into in consideration of the mutual covenants and
promises hereinafter set out. IT 1S AGREED AS FOLLOWS:
I. DUTIES AND SERVICES OF CONTRACTING OFFICER. The Contracting Officer
shall be responsible for performing the following duties and shall furnish the following services
and equipment:
A. The Contracting Officer shall arrange for appointment, notification (including writ
of election), training and compensation of all presiding judges, alternate judges, the judge
of the Central Counting Station and judge of the Early Voting Balloting Board.
a. The Contracting Officer shall be responsible for notification of each
Election day and Early Voting presiding judge and alternate judge of his or her
appointment. The recommendations of the City and School District will be the
accepted guidelines for the number of clerks secured to work in each polling
place. The presiding election judge of each polling place, however, will use
his/her discretion to determine when additional manpower is needed during peak
voting hours. The Contracting Officer will determine the number of clerks to
work in the Central Counting Station and the number of clerks to work on the
Mm 7, 7005, Jam General Eleewn- Allen ON k AISD
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balloting board. Election judges shall be secured by the Contracting Officer with
the approval of the City and School District.
b. Election judges shall attend the Contracting Officer's school of instruction
(Elections Seminar) to be held Wednesday, May 4 , 2005, at the Collin County
380 Courts Building, Central Jury Room, 1800 N. Graves, McKinney, Texas at
1:00 P.M.
C. Election judges shall be responsible for picking up from and returning
election supplies to the county election warehouse located at 2010 Redbud, Suite
102, McKinney. Compensation for this pickup and delivery of supplies will be
$25.00.
d. The Contracting Officer shall compensate each election judge and worker.
Each judge shall receive $10.00 per hour for services rendered. Each alternate
judge and clerk shall receive $8.00 per hour for services rendered.
B. The Contracting Officer shall procure, prepare, and distribute voting machines,
election kits and election supplies.
a. The Contracting Officer shall secure election kits which include the legal
documentation required to hold an election and all supplies including locks, pens,
magic markers, etc.
b. The Contracting Officer shall secure all tables, chairs, and legal
documentation required to run the central counting station.
C. The Contracting Officer shall provide all lists of registered voters required
for use on election day and for the early voting period required by law. The
election day list of registered voters shall be arranged in alphabetical order by
polling place, in lieu of alphabetic by each precinct in each polling place.
d. The Contracting Officer shall procure and arrange for the distribution of
all election equipment and supplies required to hold an election.
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I . Equipment includes the rental of voting machines, ADA
compliance headphones and keypads (1 per site), transfer cases, voting
signs, a curbside voting cart and tote boxes.
2. Supplies include smart cards, sample ballots, early voting mail
ballots, pens, tape, markers, etc.
C. The Contracting Officer, Sharon Rowe, shall be appointed the Chief Deputy Early
Voting Clerk by the City and School District.
a. The Contracting Officer shall supervise and conduct Early Voting by mail
and in person and shall secure personnel to serve as Early Voting Deputies.
b. Early Voting by personal appearance for the City and School District's
May 7, 2005, Joint General Election shall be conducted during the time period
and at the locations listed in Exhibit "A", attached and incorporated by reference
into this contract.
C. All applications for an Early Voting mail ballot shall be received and
processed by the Collin County Elections Administration Office, 2010 Redbud
Blvd., Suite 102, McKinney, Texas 75069.
1. Application for mail ballots erroneously mailed to the City or
School District shall immediately be faxed to the Contracting Officer for
timely processing. The original application shall then be forwarded to the
Contracting Officer for proper retention.
2. All Federal Post Card Applicants (FPCA) will be sent a mail
ballot. No postage is required.
d. All Early Voting ballots (those cast by mail and those cast by personal
appearance) shall be prepared for count by the Early Voting Ballot Board in
accordance with Section 87.000 of the Texas Election Code. The presiding judge
of this Board shall be appointed by the Contracting Officer. The Board shall meet
for preparation of the early voting ballots on Thursday. May 5, 2005, at 10:00
A.M. They will recess and continue the preparation process and begin tabulation
after the mail is received on Saturday, May 7, 2005. at 9:00 A.M. They will
Alav 7, 1005. loin, Gewral Elemon - Allen City R- AISD
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reconvene to process provisional ballots and late mail ballots from outside the
country on Thursday, May 12, 2005 at 10:00 A.M.
D. The Contracting Officer shall arrange for the use of all Election Day polling
places. The City and School District shall assume the responsibility of remitting the cost
of all employee services required to provide access, provide security or provide custodial
services for the polling locations. The Election Day polling locations are listed in
Exhibit "B", attached and incorporated by reference into this contract.
E. The Contracting Officer shall be responsible for establishing and operating the
Central Counting Station to receive and tabulate the voted ballots in accordance with
Section 127.001 of the Election Code and of this agreement. Counting Station Manager
and Central Count Judge shall be Sharon Rowe. The Tabulation Supervisor shall be
Patty Seals and paid as a contract expense.
a. The tabulation supervisor shall prepare, test and run the county's tabulation
system in accordance with statutory requirements and county policies, under the
auspices of the Contracting Officer.
b. The Public Logic and Accuracy Test of the electronic voting system shall
be conducted on Thursday, May 5, 2005, at 2:00 P.M., by the Contracting Officer.
C. Election night reports will be available to the City and School District at
the Central Counting Station on election night. Provisional ballots will be
tabulated after election night in accordance with new law.
d. The Contracting Officer shall prepare the unofficial canvass report after all
precincts have been counted, and will provide a copy of the unofficial canvass to
the City and School District as soon as possible after all returns have been
tallied.
e. The Contracting Officer shall be appointed the custodian of the voted
ballots and shall retain all election material for a period of 60 days.
1. Pending no litigation and as prescribed by law, the voted and
unused ballots shall be shredded 60 days after the election.
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2115/7005 Pov 6
2. The City and School District can obtain the list of registered voters
from the Elections Administration Office after this 60 -day retention
period. Pending no litigation and if the City and School District does not
request the lists, the Contracting Officer shall destroy them 90 days after
the election.
f The Contracting Officer shall conduct a manual count as prescribed by
Section 127.201 of the Texas Election Code and submit a written repon to the
City and School District in a timely manner. The Secretary of State may waive
this requirement. If applicable, a written report shall be submitted to the Secretary
of State as required by Section 127.201(E) of the aforementioned code.
II. DUTIES AND SERVICES OF THE CITY AND SCHOOL DISTRICT. The City
and School District shall assume the following responsibilities:
A. The City and School District shall prepare the election orders, resolutions, notices,
justice department submissions, official canvass and other pertinent documents for
adoption by the appropriate office or body. The City and School District assume the
responsibility of posting all notices and likewise promoting the schedules for Early
Voting and Election Day.
B. The City and School District shall provide the Contracting Officer with an
updated map and street index of their jurisdiction in an electronic or printed format.
C. The City and School District shall procure and provide the Contracting Officer
with the ballot layout and Spanish interpretation in an electronic format.
a. The City and School District shall deliver to the Contracting Officer as
soon as possible, but no later than Friday, March 11, 2005, the official wording
for the City and School District's May 7, 2005, Joint General Election.
b. The City and School District shall approve the "blue line" ballot format
prior to the final printing.
Al., i. 2005. Jomi General Elmi.n - Allen C w & AI5D
2115 2o Page 7
D. The City and School District shall post the publication of election notice by the
proper methods with the proper media.
E. The City and School District shall prepare and submit to the U. S. Department of
Justice under the Federal Voting Rights Act of 1965, any required submissions on voting
changes.
F. The City and School District shall compensate the Contracting Officer for any
additional verified cost incurred in the process of running this election or for a manual
count this election may require, consistent with charges and hourly rates shown on
Exhibit "C" for required services.
G. The City and School District shall pay the Contracting Officer 90% of the
estimated cost to run the said election prior to Friday, March 18, 2005. The Contracting
Officer shall place the funds in a "contract fund" as prescribed by Section 31.100 of the
Texas Election Code. The Deposit should be delivered within the mandatory time frame
to:
Collin County Treasury
200 S. McDonald., Suite 310
McKinney, Texas 75069
ATTN: Alice Dobecks
H. The City and School District shall pay the cost of conducting said election, less
partial payment, including the 10% administrative fee, pursuant to the Texas Election
Code, Section 31.100, within 30 days from the date of final billing.
111. COST OF SERVICES. See Exhibit "C."
IV. JOINT ELECTION AGREEMENT. See Exhibit "D."
V. GENERAL PROVISIONS.
A. Nothing contained in this contract shall authorize or permit a change in the officer
with whom or the place at which any document or record relating to the City and School
District's May 7. 2005, Joint General Election is to be filed or the place at which any
W, i. 1005, Jow General Eler,ion - Allen ON k AISD
245: 20135 ➢age 8
function is to be carried out, or any nontransferable functions specified under Section
31.096 of the Texas Election Code.
B. Upon request, the Contracting Officer will provide copies of all invoices and other
charges received in the process of running said election for the City and School District.
C. If the City and/or School District cancel their election pursuant to Section 2.053 of
the Texas Election Code, the Contracting Officer shall be paid a contract preparation fee
of $75. An entity canceling an election will not be liable for any further costs incurred by
the Contracting Officer in conducting the May 7, 2005, Joint General Election. All actual
shared costs incurred in the conduct of the election will be divided by the actual number
of entities contracting with the Contracting Officer and holding a May 7, 2005, Joint
General Election.
D. The Contracting Officer shall file copies of this contract with the County Judge
and the County Auditor of Collin County, Texas.
WITNESS BY MY HAND THIS THEDAY OF .2005.
S aron Rowe
E ections Administrator
Collin County, Texas
WITNESS BY MY HAND THIS THE 0 DAY OF&firwrr 005.
Attested: Sh 3, George Peter H. V. as
City Secretary City Manager
Allen, Texas Allen. Texas
Al., i. 2005. Jo m General Ekenon—Allen Oh AAISD
7,15'7005 Page 9
WITNESS BY MY HAND THIS THE
Attested: Marry Monnat, Secretary
Allen Independent School District
Allen, Texas
DAY OF .2005.
Victoria Sublette. President
Allen ISD Board of Trustees
Allen, Texas
Mm- i, 7015. Joml General £lemm -Allen Cny & A1SD
b/5/NMS Page IU
Exhibit "A"
MAY 7, 2005, JOINT GENERAL ELECTION
City of Allen and Allen ISD
Early Voting Locations and Hours
OLLING PLACE
1AD
Collin County Election Department
2010 Redbud Blvd. #102
'.McKinney,'
(Main Early Voting Location)
Old Allen Library Building
301 Century
Parkway
Allen
rAadryMonday
Tuesday
Wednesday
Thursday
Friday
Saturday
April 17
April 18
April 19
April 20
April 21
April 21
April 23
8am-5pm
8em-7pm
8am-5pm
Sam -Spm
April 24
April 25
April 26
April 27
April 28
April 29
April 30
8am-5pm
8am-5pm
Sam-5pm
Sam-5pm
Sam -Spm
May I
May 1
May 3
May 4
May 5
May 6
May7
8am-5pm
8am-5pm
Election Day
7am-7pm
Afae 7, 2005, Jorm General Elmian- Allen Cim & A78D
21111005 Page I I
Exhibit "n'
MAY 7, 2005, JOINT GENERAL ELECTION
City of Allen and Allen ISD
Election Day Polling Locations
I Precincts I x Je
Allen Library Building 5, 6, 7, 40. 50, 59, 60, 80, 82, 301 Century Parkway
95, 106, 113, 120, 130, 145,
147, 151, 154, 157
Allen
Mm7 2003. Joint General Election -Allen Chy k A1SD
2,952905 Page 12
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Exhibit "D"
JOINT ELECTION AGREEMENT
between
The City Council of the City of Allen (the City) and the Board of Trustees of the Allen Independent School
District (the School),
BY THE TERMS OF THIS AGREEMENT, the City and the School, do hereby agree, pursuant to the provisions
of the Texas Election Code, to hold a join election of the General Election of the City and General Election of the
School District to be held on Saturday, May 7, 2005. All entities have contracted with the Collin County Elections
Administrator (Elections Administrator) to perform various duties and responsibilities on behalf of the two entities.
The two entities shall share equally in the expense of the polling locations, election officials, supplies, ballots and
other and all necessary expenses for the election upon receipt of satisfactory billing and invoices reflecting the total
of such election.
An entity canceling an election pursuant to Section 2.053 of the Texas Election Code will not be liable for costs
incurred by the Elections Administrator in conducting the May 7, 2005, Joint General Election; they will be liable
only for the contract preparation fee of $75.00.
APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS in its meeting held the r day
of C.L.. � & ,...!2005. asannndd executed by its authorized representative. t�
Peter H. Vargas. tMlager Sh George, Ci' Secretary
APPROVED BY THE TRUSTEES OF THE ALLEN INDEPENDENT SCHOOL DISTRICT in its meeting
held the j2A_ day of Vt6t. xv .2005. and executed by its authorized representative.
By: Qle�fT t(�) Anes.
Victona Sublme. President Mam Mo nal Secmary
Allen ISD Board of Trustees Allen Ind n ent School District