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R-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 21mm05 Page 2 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 7:15.'7005 page 3 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. .Nm: i. 10115. Jainl Geneml Elemo.- Allen ON & AND 2115 2005 Page 4 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 2//5.'1005 Page 5 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. :Nm 7. 2005, Join, General Election - Allen Ore, A AISD 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. 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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