R-2267-2-04RESOLUTION NO. 2267-2-04(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ORDERING A JOINT ELECTION TO BE HELD ON
MAY 15, 2004, FOR THE PURPOSE OF ELECTING THE CITY
FOR PLACE NOS. 4 AND 6; ORDERING AN ELECTION TO
DETERMINE WHETHER THE CITY SHALL BE AUTHORIZED TO
DISCONTINUE THE USE OF CERTAIN LAND AS PARK LAND; DESIGNATING
LOCATION OF POLLING PLACE; ORDERING NOTICES OF ELECTION TO BE
GIVEN AS PRESCRIBED BY LAW IN CONNECTION WITH SUCH ELECTION;
AND PROVIDING 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 15, 2004, to be held jointly with the
Allen Independent School District and Collin County Community College District for the purpose of electing
the members of the Allen City Council Place Nos. 4 and 6. City Councilmembers for Place Nos. 4 and 6 shall
be elected to hold office for a period of three years.
SECTION 2. It is hereby ordered that a Special Election be held in conjunction with the regular City
election for City Councilmembers on Saturday, May 15, 2004, at which Special Election there shall be
' submitted to the qualified voters of the City, for their action thereon, the following proposition regarding the
authority of the City Council to sell/trade a 2.55 acre tract of parkland for receipt of 5.992 acres of adjoining
land for park purposes. The official ballot for said Special Election shall be prepared in accordance with the
TEXAS ELECTION CODE so as to permit electors to vote "FOR" or "AGAINST" the proposition. The
proposition shall be stated as follows:
"PROPOSITION 1
Shall the City of Allen sell/trade 2.55 acres of parkland in the Mary Standifer Survey as
consideration for receipt of 5.992 acres of adjoining land in the Chadrick Johnson Survey to
be designated for park purposes?"
SECTION 3. The polling place where qualified voters shall cast ballots at such location in the City of Allen
2004 regular municipal election is as follows:
County Election Precincts Pollan Place
All City Precincts Allen City Hall
305 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 4. Early voting by personal appearance shall be available weekdays at the Collin County Elections
' Office, Main Early Voting Place Location, 2010 Redbud Blvd., Suite 102, McKinney, TX 75069 and the Allen
City Hall, Allen Civic Plaza, 305 Century Parkway, Allen, Texas 75013 beginning on Wednesday,
April 28, 2004, through Tuesday, May 11, 2004, during the normal working hours of 8:00 a.m. until 5:00 p.m.
with extended early voting hours on Saturday, May 1, 2004, from 8:00 a.m. to 7:00 p.m. and Thursday,
May 6, 2004, from 8:00 a.m. to 7:00 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 May 7, 2004.
SECTION 5. 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 21st day before election day. A copy of the published notice that
contains the time 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 6. 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 7. In accordance with Section 123.001 of the Texas Election Code, the Diebold Voting Systems
(formerly Global Election Systems) Accu Vote 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 15, 2004, and the Diebold Accuvote OS (Optical
Scan) will be used to tabulate mail ballots.
SECTION 8. The election on the proposed proposition shall be conducted in accordance with the Joint
' Election Agreement, attached as Exhibit "A," between the City of Allen, Allen Independent School District,
Collin County Community College District, and the Elections Administrator of Collin County for the joint
election on May 15, 2004. 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 15, 2004. The City Manager shall
have further authority to approve any minor modifications as may be necessary in the best interest of the City.
SECTION 9. 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 be the election officials listed in the Election Contract.
SECTION 10. The Joint Election Contract shall provide for the Election Administrator for the election, and
the Presiding Election Judges and an Alternate Presiding Election Judge appointed to serve at said polling
places shall be those election officials furnished by the Elections Administrator.
SECTION 11. 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.
0
SECTION 12. This resolution shall take effect immediately upon its passage
RESOLUTION NO. 2267-2-04(R), Page 2
1
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 24TH DAY OF FEBRUARY, 2004.
APPROVED:
Stephen Tlemll, MAYOR
ATTEST:
Shelley B. C*eorjW TRMC, CITY 9EVRETARY
RESOLUTION NO. 2267-2-04(R) Page 3
May 15, 2004
Joint General Election
Contract for Election Services
City of Allen/Allen ISD/CCCC
May 15, 2004
Joint General Election
Table of Contents
Exhibits
.......................Duties and Services of Contracting Officer
...Duties and Services of the City, School District and College
.......................................................Cost of Services
.............................................Joint Election Agreement
.....................................................General Provisions
Exhibit A ................................................... Early Voting Schedule and Locations
Exhibit B............................................................Election Day Polling Locations
ExhibitC.............................................................................Cost of Services
Exhibit D..................................................................Joint Election Agreement
May /5, 2004, Joint General Election —Allen City, AISD & CCCC
21in2004 Pose 2
THE STATE OF TEXAS CONTRACT FOR
COUNTY OF COLLIN §
CITY OF ALLEN
CITY/SCHOOL/COLLEGE 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 the BOARD OF TRUSTEES OF THE
COLLIN COUNTY COMMUNITY COLLEGE DISTRICT hereinafter referred to as the
"COLLEGE" 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, School District
and College's May 15, 2004, Joint General Election.
THIS AGREEMENT is entered into in consideration of the mutual covenants
and promises hereinafter set out. TT IS 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, School District and
College 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
May 15, 3004, Joint General Election —Allen City, AfSD & CCCC
2117/Ioo4 Page 3
will determine the number of clerks to work in the Central Counting
Station and the number of clerks to work on the balloting board. Election
judges shall be secured by the Contracting Officer with the approval of the
City, School District and College.
b. Election judges shall attend the Contracting Officer's school of
instruction (Elections Seminar) to be held Thursday, May 12, 2004, at the
Collin County 380 Courts Building, Central Jury Room, 1800 N. Graves,
McKinney, Texas at 2:00 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.
May 15, 2004, Jaml General Election —AIIea City, AISD & CCCC
21172004 Page 4
d. The Contracting Officer shall procure and arrange for the
distribution of all election equipment and supplies required to hold an
election.
1. 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, School District and College.
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, School District
and College's May 15, 2004, 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, School District and College 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.
May 15, 2004, Joint General Election —Allen City, AISD & CCCC
211712004 Page 5
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 Wednesday, May 12, 2004, at 9:00 A.M. They will
recess and continue the preparation process and begin tabulation after the
mail is received on Saturday, May 15, 2004, at 2:00 P.M. They will
reconvene to process provisional ballots and late mail ballots from outside
the country on Tuesday, May 18, 2004 at 9:00..
D. The Contracting Officer shall arrange for the use of all Election Day
polling places. The City, School District and College 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
me 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 13, 2004, at 2:00 P.M., by
the Contracting Officer.
C. Election night reports will be available to the City, School District
and College at the Central Counting Station on election night. Provisional
ballots will be tabulated after election night in accordance with new law.
May 15, 2004, Joint General Election —Allen City, AISD & CCCC
211712004 Page 46
d. The Contracting Officer shall prepare the unofficial canvass
reportafter all precincts have been counted, and will provide a copy of the
unofficial canvass to the City, School District and College 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.
2. The City, School District and College 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,
School District and College 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 report to the City, School District and College 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, SCHOOL DISTRICT AND
COLLEGE. The City, School District and College shall assume the following
responsibilities:
A. The City, School District and College 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, School District and
College assume the responsibility of posting all notices and likewise promoting the
schedules for Early Voting and Election Day.
B. The City, School District and College shall provide the Contracting
May 15, 1004, Jomt General Election —Allen Ciry, AISD & CCCC
2117/2o04 Page
Officer with an updated map and street index of theirjurisdiction in an electronic or
printed format.
C. The City, School District and College shall procure and provide the
Contracting Officer with the ballot layout and Spanish interpretation in an electronic
format.
a. The City, School District and College shall deliver to the
Contracting Officer as soon as possible, but no later than Friday, March
26, 2004, the official wording for the City, School District and College's
May 15, 2004, Joint General Election.
It. The City, School District and College shall approve the "blue line"
ballot format prior to the final printing.
D. The City, School District and College shall post the publication of election
notice by the proper methods with the proper media.
E. The City, School District and College 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, School District and College 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, School District and College shall pay the Contracting Officer
90% of the estimated cost to run the said election prior to Friday, March 26, 2004. 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
2010 Redbud Blvd., Suite 102
McKinney, Texas 75069
ATTN: Patty Seals, Deputy Elections Administrator
May 15, 2004, Joint Geneml Election —Allen City, AISD & CCCC
2117/2004 Page 8
H. The City, School District and College 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.
III. 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,
School District and College's May 15, 2004, Joint General Election is to be filed or the
place at which any function is to be carried out, or any nontransferable functions specified
under Section 31.096 of the Texas Election Code.
B. Upon request, the Contracting Officer will provide copies of all invoices
and other charges received in the process of naming said election for the City, School
District and College.
C. if the City, School District and/or College cancels 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 15, 2004, 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 15, 2004, 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.
May I5, 2004, Joint General @lection —Allen City, AISD & CCCC
211712004 Page 9
WITNESS BY MY HAND THIS THE DAY OF 2004.
. Ler
Sharon Rowe
Elections Administrator
Collin County, Texas
WITNESS BY MY HAND THIS THE,3Eb DAY OF kJAftO, 2004.
t Georg�Y
City Secretary
City of Allen, Texas
Peter H. Va5 as
City Managl
City of Allen, Texas
WITNESS BY MY HAND THIS THE Z DAY OFF brucr. 2004.
Attested: Cijoy Wilson, Secretary
Allen Indepelident School District
Allen, Texas
Jo .rcia, resident
Alleo ISD Board of Trustees
Allen, Texas
WITNESS BJY/�MY HAND THIS THE /— DAY OF 44 , 2004.
.ALM A i/AM 46 Z
Attested: Dr. Belinda Newman, Provost Dr. Israel, President
Collin County Community College District C in County Community College District
May 15, 2004, Joint Genera! Election—Allen City, AM & CCCC
211812004 Page 10
Exhibit "A"
MAY 15, 2004, JOINT GENERAL ELECTION
City of Allen, Allen ISD and CCCC
Early Voting Locations and Hours
POLLING PLACE
IADDRFSS
I CITY
'..Collin County Election Department
2010 Redbud Blvd. #102
McKinney
''.(Main Early Voting Location)
Sam-5pm
Allen City Hall
305 Century Parkway
Allen
Sunday Monday Tuesday
Wednesday Thursday
Friday Saturday
April 25
April 26
April 27
April 28
April 29
April 30
May I
Sam-5pm
gam-5pm
8am-5pm
Sam5pm
Sam-5pm
Sam-7pm
May 2
May 3
May 4
May 5
May 6
May 7
May 8
Sam-5pm
sam-Spm
82m-5pm
8am-7pm
8aat5pm
May 9
May 10
May 11
May 12
May 13
May 14
May15
Sam-5pm
gam-5pm
Election Day
lam-7pm
May 15, 2004, Jomt General Elechan -Allen Ciry, A1SD & CCCC
2/17/2004 Page 11
Ezbibit "B"
MAY 15, 2004, JOINT GENERAL ELECTION
City of Allen, Allen ISD and CCCC
Election Day Polling Locations
Polling Place
Collin County Voting
Address
City
Precincts
Allen City Hall 5, 6, 7, 40, 50, 59, 60, 80, 82, 305 Century Parkway Allen
95,106,113,120,130,145,
147, 151, 157
May 15, 2004, Joint General Election —Allen City, AISD & CCCC
211711004 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), and the Board of Trustees of the Collin County Community College District (the
College).
BY THE TERMS OF THIS AGREEMENT, the City, the School, and the College do hereby agree, pursuant to the
provisions of the Texas Election Code, to hold a joint election of the General Election of the City and General
Election of the School District to be held on Saturday, May 15, 2004. All entities have contracted with the Collin
County Elections Administrator (Elections Administrator) to perform various duties and responsibilities on behalf of
the three entities.
The three 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 15, 2004, Joint General Election; they will be liable
only for the contract preparation fee of $75.00.
AP y da
ROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS in its meeting held the ay
of fbNgk6 , 2004, and executed by its authorized representative.
By:✓�� Attest:
ar
pt+er A. ars -,41a�er Shelley George, 19ity Secretary
APPRONAD BY THE TRUSTEES OF THE ALLEN INDEPENDENT SCHOOL DISTRICT in its meeting
held the day of ,ilrcu,,.r V , 2004, and executed by its authorized representative.
C
By: b Attest: z
f
Jorlat, President Cindy Wiso ecetary
JSD Board ofTmstees ent
School District
APPROVED BY THE BOARD OF TRUSTEESOF THE COLLIN COUNTY COMMUNITY COLLEGE
DISTRICT in its meeting heli[.tlreZ ii y of V2otQ,, 2004, and executed by its authorized
f Z �^
By:A!p Attest:
Dr. CaryAjtael, President Dr. Belinda Newman, Provost