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ORD 2007-21TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2007 - 21 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, ORDERING AND CALLING A JOINT ELECTION BETWEEN THE TOWN OF TROPHY CLUB, TEXAS ("TOWN") AND DENTON COUNTY ("COUNTY") WITH TOWN CALLING A SPECIAL ELECTION TO SUBMIT TO THE RESIDENT QUALIFIED VOTERS OF THE TOWN OF TROPHY CLUB PROPOSITIONS RELATING TO THE AMENDMENT OF THE HOME RULE CHARTER FOR THE TOWN AND WITH COUNTY CALLING A GENERAL ELECTION; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING AN ELECTION NOTICE; PROVIDING FOR THE ADMINISTRATION OF A JOINT ELECTION; APPROVING THE TERMS AND CONDITIONS OF A CONTRACT FOR ELECTION SERVICES WITH COUNTY; DESIGNATING THE DATE OF THE ELECTION; IDENTIFYING THE PURPOSE OF THE ELECTION AND PROVIDING BALLOT LANGUAGE; DESIGNATING THE TOWN ELECTION PRECINCT, POLLING PLACE AND HOURS FOR ELECTION DAY; PROVIDING FOR THE COMPENSATION OF ELECTION JUDGES AND CLERKS; PROVIDING THE METHOD OF VOTING; PROVIDING GOVERNING LAW; QUALIFIED VOTERS; REQUIRING POSTING OF NOTICE; PROVIDING FOR EARLY VOTING; PROVIDING FOR DELIVERY OF RETURNS; PROVIDING FOR CANVASSING OF RETURNS; PROVIDING FOR NECESSARY ACTIONS; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Section 9.001 of the Texas Local Government Code and Article 11, Section 5 of the Texas Constitution, the Town of Trophy Club, Texas (the "Town") is authorized to adopt or amend a municipal charter; and WHEREAS, the Town's first Home Rule Charter was adopted by the residents of Trophy Club at an election held on Tuesday, November 2, 2004 (hereinafter "Charter"); and WHEREAS, the Town Council determined it appropriate to commence a review of the Charter and appointed a Charter review group comprised of two members of Council, Town Manager, and Town Attorney; and WHEREAS, the function of that group was to review the Charter and make recommendations for proposed amendments, and - 1 - WHEREAS, the group proposed various amendments which were considered by Council at an open public meeting; and WHEREAS, Council has determined it appropriate to submit the proposed Charter amendments set forth below to the qualified voters at the November 6, 2007 election, that date being more than two years after the adoption of the Town's Charter and the next available general election date which allows sufficient time to comply with all legal requirements and which date is later than the 30th day after the adopting of this Ordinance; and WHEREAS, the Town Council finds that each proposition covers one subject and that the ballot language provided is prepared so that the voters may approve or disapprove one or more of the amendments without being required to approve or disapprove all of the amendments; and WHEREAS, The Texas Election Code provides that an election ordered by an authority of a municipality shall be ordered not later than the 61St day before election day; and WHEREAS, the Town Council desires to hold a joint election with Denton County and to enter into a Contract for Election Services whereby the special election will be administered by the Denton County Elections Administrator; and WHEREAS, by the passage of this Ordinance, it is the intention of the Town Council to (i) set the ballot propositions for the voters regarding the amendment of the Charter; (ii) designate the polling places for early voting, (iii) appoint the Denton County Elections Administrator as the entity responsible for conducting the election, (iv) establish and set forth that this shall be a joint election with the County of Denton, and (v) enter into the Contract for Election Services to conduct the joint election. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1 INCORPORATION OF PREMISES All of the above premises are true and correct and are hereby incorporated in the body of this Ordinance as if fully set forth herein. -2- SECTION 2 ELECTION NOTICE The Town Council hereby orders the Town Secretary to publish notice of this Election in a newspaper of general circulation in the Town. In addition to complying with all the requirements of state law, including without limitation, the Texas Election Code, the notice shall include a substantial copy of the proposed amendments, shall be published on the same day in each of two successive weeks, with the first publication occurring not earlier than the 30th day but before the 14th day before the date of the election, and shall include an estimate of the anticipated fiscal impact to the Town if the proposed amendment(s) are approved at the Election. SECTION 3 ADMINISTRATION OF JOINT ELECTION The Town Council hereby calls a Joint Election with Denton County. The Election, including early voting, delivery of ballots and preservation of election records, shall be administered by the Denton County Elections Administrator, who shall have the responsibility to conduct the election as set forth in the Contract for Election Services between the Town and Denton County, a copy of which is attached hereto and incorporated herein as Exhibit "A". SECTION 4 APPROVAL OF JOINT ELECTION AGREEMENT The Town Council hereby approves the terms and conditions contained in the Contract for Election Services, Exhibit "A" hereto and authorizes the Mayor or designee to execute the contract on behalf of the Town. SECTION 5 DATE OF ELECTION It is hereby ordered that a Special Election (the "Election") shall be held in and throughout the Town of Trophy Club on Tuesday, November 6, 2007, such date being a uniform election date as defined in Section 41.001 of the Texas Election Code (the "Code"). Pursuant to Section 9.004 of the Local Government Code, the Election shall occur on or after the thirtieth (30t) day after this ordinance ordering the Election is adopted. SECTION 6 PURPOSE OF ELECTION/BALLOT LANGUAGE The purpose of such Special Election is to vote for or against the adoption of various proposed amendments to the Town's Charter. At the Election the proposed Charter -3- amendments will be on the ballot by subject so that a "For" or an "Against' vote on one Proposition shall not have an impact on any other Proposition. Voters shall be permitted to vote "For" or "Against' each of the following Propositions: Section 6.01. Proposition No. 1: An amendment to sections 3.12, 3.16(b), and 3.17 to provide that every ordinance, resolution, motion or action of the Town Council shall require passage by the affirmative vote of a majority of the Council qualified to vote unless a different number is specifically required by law or Charter. [ ] FOR [ ] AGAINST If this proposition is approved by the majority of voters voting at the Election, Article III, Sections 3.12, 3.16(b) and 3.17 of the Town Charter, will be amended to read: 3.12 Quorum A majority of the Council, not including the Mayor, shall constitute a quorum to do business. A number less than a quorum may adjourn from time to time and compel the attendance of absent members. Except as otherwise specifically provided herein or as provided by law, three (3) Councilmembers, shall constitute a quorum for the purpose of transaction of business and no action of the Council shall be valid or binding unless adopted by the affirmative vote of a majority of the Council qualified to vote, or as specifically required by State law or this Charter. If the Council is reduced to less than three (3) members on account of vacancies, the remaining members shall constitute a quorum for the sole purpose of calling an election. 3.16 Procedure for Enacting Ordinances and Resolutions; Publications (b) All ordinances shall be considered and passed in open meeting of the Council. All persons interested shall have the opportunity to be heard. The Town Attorney shall opine as to legality all ordinances prior to final adoption. Every ordinance, resolution or motion shall require on passage the affirmative vote of a majority of the Council qualified to vote unless more is required by State law. 3.17 Emergency Ordinances -4- The Council may adopt emergency ordinances only to meet public emergencies affecting the life, health, property or the public peace in accordance with State law. In particular, such ordinances shall not levy taxes, grant or renew or extend a franchise or regulate the rate charged by any public utility for its services. An emergency ordinance shall be introduced in the form and manner generally prescribed for ordinances, except that it shall be plainly designated in the title as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance can be adopted with or without amendment or rejected at the meeting at which it was introduced. The affirmative vote of a majority of the Council qualified to vote shall be required for adoption. After adoption the ordinance shall be published as required by law, but may become effective immediately upon enactment. Section 6.02. Proposition No. 2: An amendment to section 4.07 of the Town Charter transferring the authority to appoint the Town Secretary from the Town Council to the Town Manager with the Council being required to approve the appointment by a majority vote. [ ] FOR [ ] AGAINST If this proposition is approved by the majority of voters voting at the Election, Article IV, Section 4.07 of the Town Charter, will be amended to read: 4.07 Town Secretary The Town Manager shall appoint a Town Secretary, with such appointment being subject to approval by majority vote of the Council qualified and serving. The Town Secretary shall act as the Secretary to the Council and shall hold office at the pleasure of the Council. He shall be entitled to a seat at the Council table at all official meetings. Section 6.03. Proposition No. 3: An amendment to sections 6.01 and 6.03 of the Town Charter providing that any elected Town official, including those appointed to elected positions, may be subject to recall on any one or more of the following grounds: incompetency, misconduct, malfeasance in office, or knowing or intentional violations of the Charter, providing definitions of the terms incompetency, misconduct and malfeasance, and requiring that a recall -5- petition specifically state each ground with enough certainty as to give the Officer sought to be removed notice of the matters and things with which he is charged on each ground. [ ] FOR [ ] AGAINST If this proposition is approved by the majority of voters voting at the Election, Article VI, Sections 6.01 and 6.03 of the Town Charter, will be amended to read: 6.01 Scope of Recall Any elected Town official, whether elected to office by the qualified voters of the Town or appointed by the Council to fill a vacancy, shall be subject to recall and removal from office by the qualified voters of the Town on any one or more of the following grounds: incompetency, misconduct, malfeasance in office or who knowingly or intentionally violates any provision of the Charter. In this section: A. "Incompetency" means (a) gross ignorance of official duties; or (b) gross carelessness in the discharge of official duties; or (c) inability or unfitness to promptly and properly discharge official duties because of a serious mental or physical defect that did not exist at the time of the officer's election. The term is used in a sense that the Town official has exceeded his or her authority by defying or overruling lawful actions done by the Town Council. B. "Official misconduct" means intentional unlawful behavior relating to official duties by a Town Official entrusted with the administration of justice or the execution of the law. The term includes an intentional or corrupt failure, refusal, or neglect of a Town Official to perform a duty imposed on the officer by law. C. "Malfeasance" means the doing of an act by a Town Official through ignorance, inattention, or malice, which act the official had no legal right or authority to do, or which act exceeds or abuses the official's rightful authority or powers; or the failure to do an act which the Town Official had a legal duty to do. 6.03 Form of Recall and Oath. -6- The recall petition must be addressed to the Council, must distinctly and specifically state the ground or grounds upon which such petition for removal is predicated in order to sufficiently provide notice of the matter with which the Officer is charged and, if there be more than one (1) ground specified, such petition shall specifically state each ground with such certainty as to give the Officer sought to be removed notice of the matters and things with which he is charged on each ground. The signature shall be verified by oath in the following form: STATE OF TEXAS § COUNTY OF I, , being first duly sworn, on oath depose and say that I am one of the signers of the above petition and that each signature appearing thereto was made in my presence on the day and date it purports to have been made, and I solemnly swear that the same is the genuine signature of the person whose name it purports to be. Subscribed and sworn to before me this day of , 19_. Notary Public, County, Texas Section 6.04. Proposition No. 4: An amendment to sections 7.04, 7.07, and 7.09 of the Town Charter providing that a majority of the Town Council has the authority to submit an ordinance, resolution or proposition to popular vote as either a binding or non-binding referendum by designating such item as either a binding or non-binding referendum and providing that Council shall not repeal or amend an ordinance or resolution passed as a binding referendum without submitting such ordinance or resolution to a vote at an election. [ ] FOR [ ] AGAINST If this proposition is approved by the majority of voters voting at the Election, Article VII, Sections 7.04, 7.07 and 7.09 of the Town Charter, will be amended to read: -7- 7.04 Voluntary Submission of Legislation by the Council The Council, upon its own motion and by a majority vote of its members, may submit to popular vote at any election for adoption or rejection any proposed ordinance or resolution or measure, or may submit to popular vote the repeal of any existing ordinance, resolution or measure. When exercising its authority under this section, Council shall designate the vote to be either a binding or nonbinding referendum, and may in its discretion call a special election for this purpose. 7.07 Adoption of Ordinances If a majority of the qualified voters voting on any proposed ordinance or resolution or measure shall vote in favor thereof, it shall thereupon, or at any time fixed therein, become effective as a law or as a mandatory order of the Council, unless such ordinance, resolution, or measure was submitted to popular vote as a nonbinding referendum in accordance with this Charter. 7.09 Ordinances Passed by Popular Vote: Repeal or Amendment No ordinance or resolution which may have been passed by the Council upon a petition or adopted by popular vote at a binding referendum in accordance with the provisions of this Article shall be repealed or amended except by the Council in response to a referendum petition or by submission as provided in Section 7.04 of this Charter. Section 6.05. Proposition No. 5: An amendment to Section 10.03 of the Town Charter to provide that the Town Council, after public hearing, may grant, renew, extend and amend all franchises for a term not to exceed thirty (30) years? FOR [ ] AGAINST If this proposition is approved by the majority of voters voting at the Election, Article X, Section 10.03 of the Town Charter, will be amended to read: 10.03 Power to Grant Franchise The Council shall have the power by ordinance, after public hearing, to grant, renew and extend all franchises of every character operating within the Town and to amend the same, provided, however, that no franchise shall be granted for an indeterminate term, and that no franchise shall be granted for a term exceeding thirty (30) years from the date of the grant, renewal or extension. No grant or franchise to construct, maintain or operate and no renewal or extension of such grant shall be exclusive. All required publication costs shall be paid by the franchisee. SECTION 7 TOWN ELECTION PRECINCT, POLLING PLACES, AND HOURS FOR ELECTION DAY The corporate limits of the Town of Trophy Club, Texas shall constitute three (3) election precincts and one poling place for the municipal election. The polling places and the county election precincts whose qualified voters shall cast ballots at such location in the Town of Trophy Club for the November 2007 Election are as follows: Denton County Election Precincts 400 and 401 Tarrant County Election Precincts 3286 Polling Place "Svore" Trophy Club Municipal Utility District Building, 100 Municipal Drive, Trophy Club, Texas, 76248 Polling Place "Svore" Trophy Club Municipal Utility District Building, 100 Municipal Drive, Trophy Club, Texas, 76248 In accordance with Section 41.031(a) of the Code, such polling places shall be open between the hours of 7:00 a.m. and 7:00 p.m. on the date of the Election. SECTION 8 COMPENSATION OF THE JUDGE AND CLERKS Compensation of all Judges and Clerks providing services during the election shall be in accordance with the terms specified in Exhibit "A". Any payment referred to in this Section shall not exceed the maximum amounts set forth in Sections 32.091 and 32.092 of the Texas Election Code. SECTION 9 METHOD OF VOTING The County Election Administrator is hereby authorized and instructed to provide and furnish all necessary election supplies to conduct the election. Voting at the Election shall be by use of electronic system 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 or against each proposed amendment to the Town Charter. SECTION 10 GOVERNING LAW; QUALIFIED VOTERS The Election shall be held in accordance with the Constitution of the State of Texas, the Texas Local Government Code, and the Texas Election Code, and all resident, qualified electors of the Town shall be eligible to vote at the election. Election materials shall be printed in both English and Spanish for use at the polling place and for early voting for the Election. SECTION 11 POSTING OF NOTICE Notice of the Election shall be given by posting a Notice of Election in both English and Spanish at the Trophy Club Municipal Utility Districts Building, on the bulletin board or other location used for posting notices of the meetings of the Town Council not later than twenty-one (21) days prior to the date upon which the Election is to be held, and by publication of such notice as set forth in Section 2 of this Ordinance. Upon publication of the election notice, the Town Secretary shall secure a publisher's affidavit which complies with the requirements of the Texas Election Code. In addition, a copy of the notice shall also be filed with the Town Secretary as required by law. SECTION 12 EARLY VOTING Early voting by personal appearance shall be conducted by the County Election Administrator, who is hereby appointed the Early Voting Clerk. Early Voting shall occur on the dates and times and at the locations in accordance with the following: Early Voting by personal appearance for the Town of Trophy Club November 6, 2007, Charter Election in Denton County shall be conducted on weekdays beginning Monday, October 22, 2007, and continuing through Friday, November 2, 2007. Times are as follows: October 22, 2007 through October 31, 2007, 8:00am to 5:00pm; November 1, 2007 through November 2, 2007, 7:00 am through 7:00pm. Locations and times of voting by personal appearance shall be determined by Denton County. (See Annex B) Application for early voting by mail shall be delivered to Early Voting Clerk at 400 W Hickory, Denton, Texas 76201 not earlier than September 3, 2004 and not later than the close of regular business in the Early Voting Clerk's office or 12:00 p.m., whichever is later, on October 26, 2004. -10- 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. The Early ballots shall be canvassed as specified in Exhibit "A". SECTION 13 DELIVERY OF RETURNS Election returns shall be processed in accordance with Exhibit "A". SECTION 14 CANVASSING OF RETURNS In accordance with the Texas Election Code, the Town Council shall convene on November 14, 2007 at 6:00 p.m. to canvass the returns of the Election. SECTION 15 NECESSARY ACTIONS The Mayor, Town Council, and Town staff, 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 Texas Election Code and all other applicable laws in carrying out and conducting the Election, whether or not expressly authorized herein. SECTION 16 CUMULATIVE CLAUSE This Ordinance shall be cumulative of all provisions of Ordinances of the Town of Trophy Club, Texas, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 17 SEVERABILITY CLAUSE 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 18 PUBLICATION - 11 - The Town Secretary of the Town of Trophy Club is hereby directed to publish the Caption and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 19 ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by filing this Ordinance in the ordinance records of the Town as required in the Town Charter. SECTION 20 EFFECTIVE DATE This Ordinance shall become effective from and after its date of passage and publication in accordance with law. AND IT IS SO ORDAINED PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 20'h day of August, 2007. & Mayor, Nick Sanders Town of Trophy Club, Texas ATTEST: TROpy Town Secretary, Lisa Ramsey Town of Trophy Club, Texas c � [SEAL] 1 `v R 1 , �9 APPROVED AS TO FORM: Town Attorney, Patricia A. Adams Town of Trophy Club, Texas -12- THE STATE OF TEXAS II CONTRACT FOR COUNTY OF DENTON ELECTION SERVICES TOWN OF TROPHY CLUB BY THE TERMS OF THIS CONTRACT made and entered into by and between the Town of Trophy Club, as duly authorized by the Town Council hereinafter referred to as the Council, serving by and through its Mayor, as duly authorized by the Council, and DENTON COUNTY, TEXAS, acting by and through its Elections Administrator hereinafter referred to as the Contracting Officer, pursuant to the authority of Section 31.091, of the Texas Election Code, agree to the following particulars in regard to coordination, supervision and running of the Town of Trophy Club, November 6, 2007, Charter Election in Denton County. THIS AGREEMENT is entered into in consideration of the mutual covenants and promises hereinafter set out. IT IS AGREED AS FOLLOWS: 1. 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 if required and judge of the Early Voting Balloting Council. 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 presiding election judge of each polling place 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 early voting ballot board. The Contracting Officer with the approval of the Council shall utilize election judges appointed by the Denton County Commissioners Court. b. The Contracting Officer shall compensate each election judge and worker. Each judge and worker shall receive compensation per hour for services rendered based on rates set by Denton County Commissioners Court. C. Election Judges shall attend the Contracting Officer's school of instruction (Elections Seminar) to be held November 3, 2007 in the Denton County Administration Building, 401 West Hickory, Denton 76201 or other location to be announced at 9:00 a.m. -13- d. Election judges shall be responsible for picking up and returning election supplies. Compensation for this pickup and return will be $25.00. B. The Contracting Officer shall procure, prepare, and distribute ballots, election kits and election supplies. a. The Contracting Officer shall secure election kits that 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, duplication ballots, and legal documentation required to run to the central counting station and/or early voting ballot board. 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. The Contracting Officer may use the computer database for the list of registered voters during early voting. 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, ballot boxes, transfer cases, voting signs, and directional poles and tote boxes. 2. Supplies include ballots, sample ballots, early voting mail ballots, pens, tape, markers, etc. C. The Elections Administrator of Denton County, Texas, shall be appointed the Early Voting Clerk by the Town of Trophy Club for the election in Denton County. a. The Contracting Officer shall supervise and conduct Early Voting by mail and in person and shall secure personnel to serve as Early Voting Clerks. b. Early Voting by personal appearance for the Town of Trophy Club November 6, 2007, Charter Election in Denton County shall be conducted on weekdays beginning Monday, October 22, 2007, and continuing through Friday, November 2, 2007. Times are as follows: October 22, 2007 through October 31st, 8:OOam to 5:OOpm; -14- November 1, 2007 through November 2"d, 7:00am through 7:00pm. Locations and times of voting by personal appearance shall be as per Denton County Elections Memo at Annex B. C. All applications for an Early Voting mail ballot shall be received and processed by the Denton County Elections Administration Office, P.O. Box 1720, Denton, Texas 76202. 1. Applications for mail ballots erroneously mailed to the Town of Trophy Club 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 applications (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 to be determined by Denton County. The Board shall meet for preparation of the early voting ballots on (as ordered by Commissioners Court.) D. The Contracting Officer shall arrange for the use of all Election Day polling places. The Town of Trophy Club shall assume the responsibility of remitting 50% of the cost of all employee services required to provide access, provide security, or provide custodial services for the early voting and election day polling locations used that are located within the Town, Trophy Club, Denton County Texas. E. The Contracting Officer shall be responsible for tabulation of the voted ballots in accordance with Section 127.000 of the Election Code and of this agreement. Counting Station Manager shall be the Elections Administrator of Denton County, Texas. The Tabulation Supervisor and Tabulation Operator shall be provided by the Denton County Elections Administration Office 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 (will be given at a later date) by the Contracting Officer. (This date is subject to change based on receipt of jurisdiction ballot information and programming. If date is changed, you will be notified at least 48 hours prior to test) -15- C. Election night reports will be available to Council at the Elections Office on election night. 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 Council 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 22 months. 1. Pending no litigation and as prescribed by law, the voted and unused ballots shall be shredded or recycled 22 months after the election. 2. The Council can obtain the list of registered voters from the Elections Administration Office during this retention period. Pending no litigation and if the Council does not request the lists, the Contracting Officer shall destroy them 22 months after the election. f. The Contracting Officer shall conduct a partial manual count as prescribed by Section 127.201 of the Texas Election Code and submit a written report to the Council 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 Council. The Council shall assume the following responsibilities: A. The Council shall prepare the election orders, resolutions, notices, justice department submissions, official canvass and other pertinent documents for adoption by the appropriate office or body. a. The Contracting Officer shall publish and post the Notice of the Public Logic and Accuracy Test of the electronic voting system and one press release. The Contracting Officer shall also prepare a certification of tabulation and an unofficial canvass reports that will assist the Council with the official canvass. b. The Council assumes the responsibility of posting all notices and likewise posting the schedules for Early Voting and Election Day. B. The Council shall provide the Contracting Officer with the ballot wording and Spanish interpretation. a. The Council shall deliver to the Contracting Officer as soon as possible, but no later than 10:OOam Friday, September 7, 2007, the official -16- wording in English and Spanish for the Council's November 6, 2007, Charter Election. b. The Council shall approve the "blue line" ballot format prior to the final printing. C. The Council shall post the publication of election notice by the proper methods with the proper media. D. The Council 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. E. The Council shall compensate the Contracting Officer for any additional election costs incurred in the process of running this election or for a re-count this election may require. F. The Council shall submit with this signed contract a deposit of 75% of the estimated election cost. The contract will not be accepted without this deposit. G. The Council shall pay a prorated cost of conducting the said election, plus the 10% administrative fee, pursuant to the Texas Election Code, Section 31.100, within 30 days from the date of final billing. H. The Council shall provide the Contracting Officer with a "final" list of the jurisdictions allowed to vote in this election. This list will be provided to the Contracting Officer no later than (Date/Time will be provided at a later time). 111. Cost of Services. Costs of services will be prorated for ballots based on the Town of Trophy Club precincts voting. The Town of Trophy Club will reimburse 50% of ballot printing costs. Costs of labor and election supplies will be split 50/50 with Denton County or other calculated rate if additional jurisdictions participate in the Trophy Club, Town area of Denton County. The Town of Trophy Club will pay 100% of all programming fees. See Annex A attached. (Annex A will be provided at a later Date) IV. 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 Council's November 6, 2007, Charter 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 running said election for the Council. -17- C. If the Council 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 November 6, 2007, Charter Election. D. The Contracting Officer shall file copies of this contract with the County Judge and the County Auditor of Denton County, Texas. WITNESS BY MY HAND THIS THE DAY OF fih 2007. DENTON COUNTY, TEXAS By: DON ALEXANDER Denton County Elections Administrator Denton County, Texas WITNESS BY MY HAND THIS THE _ DAY OF kld UJoi 2007. LI RAMSEY Town Secretary, Town of Trophy Club, Denton County, Texas -18- Attachment "A" November 6, 2007 Denton County Elections Contract Worksheet City of Trophy Club Cost Per Actual 50/50 with Election Costs Units Unit Estimated Denton County Ballots (cost per thousand) 0 Early Voting Mail Ballots 0 Election Kits (Early& Election) 2.00 Early Voting Ballot Board Kit 0.00 Precinct Maps 0.00 City or ISD Maps 0.00 Ballot Boxes 0.00 Voting Booth (One kit= two booths) 5.00 eSlate Voting Machines Rental (Ea) 12.00 eScan Voting Machine Rental (ea) 2.00 Programing eScan/eSlate per 0.00 Election 1.00 Election Signs 0.00 Mail Ballot Kits 0.00 Postage for Mail Ballot Kits 0.00 Workers(Early Voting (hours) 0.00 FICA on Early Workers 0.00 Pickup and Delivery of Supplies 0.00 Delivery of EV (Duryea M&S) 2.00 Computers (Ea) 1.00 $190.00 0.00 $0.00 $0.00 Included 0.00 $0.00 $0.00 $35.00 70.00 $70.00 $35.00 $35.00 0.00 $0.00 $0.00 $20.00 0.00 $0.00 $0.00 $20.00 0.00 $0.00 $0.00 $5.00 0.00 $0.00 $0.00 $5.00 25.00 $25.00 $12.50 $300.00 3,600.00 $3,600.00 $1,800.00 $300.00 600.00 $600.00 $300.00 $400.00 400.00 $400.00 $400.00 $1.00 0.00 $0.00 $0.00 $1.00 0.00 $0.00 $0.00 $0.52 0.00 $0.00 $0.00 $8.00 0.00 $0.00 $O.OD $0.0765 0.00 $0.00 $0.00 $25.00 0.00 $0.00 $0.00 $85.00 170.00 $170.00 $85.00 $250.00 250.00 $250.00 $125.00 Worksheet Total Expense $5,415.00 $5,415.00 $2,907.50 Deposit (75%) (Overpaid)/ Underpaid $4,467.38 -19- Amount Check Estimated Paid Number Election Total $5,415.00 Election Service Fee $541.50 Date Election Total Cost $5,956.50 Received Deposit (75%) (Overpaid)/ Underpaid $4,467.38 -19- November 6, 2007 Constitutional Amendment Election Early Voting Locations October 22 — 26 Monday - Friday 8:OOa — S:OOp October 29 — 31 Monday — Wednesday November 1 - 2 Thursday - Friday Aubrey Community Center 226 Countryside, Aubrey The Colony Government Center 6301 Main, The Colony Sanger First Baptist Church 708 S. 5 St., Sanger October 22 — 26 October 27 Monday - Friday Saturday 8:OOa — S:OOp 7:OOa — 7:OOp Denton City Hall 215 E. McKinney, Denton Lake Dallas City Hall 212 Main St., Lake Dallas Justin Municipal Building 415 N. College, Justin October 29 — 31 Monday — Wednesday November 1 - 2 Thursday - Friday Joseph A. Carroll Admin. Building 401 W. Hickory, Denton Roanoke Community Center 312 S. Walnut, Roanoke Lewisville Highland Village Municipal Complex (City Hall) 1000 Highland Village Dr., Highland Village Flower Mound Municipal Police and Court Building 4150 Kirkpatrick, Flower Mound Temporary Early Voting; Location Dates and Times Thursday — Friday November 1— 2 Trophy Club MUD 100 Municipal Dr., Trophy Club -20- 8:OOa — S:OOp 9:OOa — 4:OOp 8:OOa — S:OOp 7:OOa — 7:OOp Carrollton Public Library 4220 N. Josey, Carrollton Lewisville Municipal Annex 1197 W. Main Street, Frankford Town Houses 18110 Marsh Ln., Dallas 7:OOa — 7:OOp