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HomeMy WebLinkAboutCity Council Resolutions (R-03-2189)-07/15/2003 RESOLUTION R-03-2189 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEYVILLE ADOPTING THE FINDINGS OF THE COLLEYVILLE CRIME CONTROL AND PREVENTION DISTRICT, APPROVING THE TERMS AND CONDITIONS OF A CONTRACT FOR ELECTION SERVICES BETWEEN THE CITY OF COLLEYVILLE AND THE COLLEYVILLE CRIME CONTROL AND PREVENTION DISTRICT, ESTABLISHING PROCEDURES FOR A SPECIAL ELECTION TO BE HELD ON SEPTEMBER 13, 2003; AND APPROVING A JOINT ELECTION AGREEMENT WITH TARRANT COUNTY WHEREAS, the Board of Directors of the Colleyville Crime Control and Prevention District (the "Board") has called a Special Election to be held on September 13, 2003, for the purpose of continuing the sales and use tax of one-half of one percent (one-half cent) within the City of Colleyville for the support of crime reduction programs of the Crime Control and Prevention District created pursuant to Chapter 363 of the Texas Local Government Code; and WHEREAS, the City of Colleyville desires to enter into an agreement with the Board for the City to administer the September 13. 2003, election on behalf of the Board; and WHEREAS, the City of Colleyville desires to enter into a Joint Election Agreement with Tarrant County to conduct the election;' and WHEREAS, by this Resolution, it is the intention of the City Council to designate polling places for the election, to appoint the necessary election officers and to establish and set forth procedures for conducting the election. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE: Sec. 1. THAT the City Council hereby adopts the findings of the Colleyville Crime Control Prevention District as contained in Resolution of even date herewith wherein the Board approved the Contract attached hereto with the City of Colleyville, and the City approves the terms of the Contract between the City and the Colleyville Crime Control Prevention District for election services attached as Exhibit "A." The Mayor is hereby authorized to execute same on behalf of the City. Sec. 2. THAT the City Council of the City of Colleyville hereby establishes procedures for the Special Election and enters into a Joint Agreement with Tarrant County to conduct the election hereby attached as Exhibit "B." The Mayor is hereby authorized to execute same on behalf of the City. Sec. 3. Sec. 4. Sec. 5. Sec. 6. Sec. 7. Resolution R-03-2189 Page 2 of 3 THAT early voting by personal appearance shall be held at City Hall, 5400 Bransford Road, Colleyville, Texas and Tarrant County designated early voting polling locations hereby attached at Exhibit "C". Polling site locations referenced in Exhibit "C" are subject to change. The early voting dates are as follows: Thursday Friday Tuesday Wednesday Thursday Friday Saturday Sunday Monday Tuesday August 28.2003 8:00 a.m. - 5:00 p.m. August 29, 2003 8:00 a.m. - 5:00 p.m. September 2,2003 8:00 a.m. - 5:00 p.m. September 3,2003 8:00 a.m. - 5:00 p.m. September 4, 2003 8:00 a.m. - 5:00 p.m. September 5, 2003 8:00 a.m. - 5:00 p.m. September 6.2003 8:00 a.m. - 5:00 p.m. September 7,2003 11 :00 a.m. - 4:00 p.m. September 8, 2003 7:00 a.m. - 7:00 p.m. September 9,2003 7:00 a.m. - 7:00 p.m. Early Voting by personal appearance will not be conducted on August 27. 2003 or September 1, 2003, which are state and federal holidays; and THAT Colleyville City Hall, 5400 Bransford Road shall serve as the Election Day voting polling locations for this election. THAT voting machines shall be employed for the Special Election, including early voting, herein ordered in compliance with the provisions of Chapter 121 of the Texas Election Code. as amended; and THAT the following persons shall be the officers who shall conduct the election: Bertha Westerman - Presiding Judge Helen Lear - Alternate Presiding Judge and as many additional clerks as are necessary for the proper conduct of the election. THAT the City Secretary of the City of Colleyville is authorized to make such submissions as are necessary to the United States Justice Department to seek pre-clearance as required by law. Resolution R-03-2189 Page 2 of 3 Sec. 8. THAT the compensation of the elections judges and election clerks will be the responsibility of Tarrant County. Sec. 9. THAT the Notice of Election shall be published twice, no earlier than August 14, 2003 and no later than September 3, 2003. Additionally, notice shall be posted no later than August 25, 2003, in the regular place for posting notice of meetings of the City Council of the City and shall remain posted continuously through Election Day, September 13, 2003. Sec. 10. THAT the Election shall be conducted according to the election laws of the State of Texas and requirements of the Charter of the City of Colleyville. AND IT IS SO RESOLVED. APPROVED THIS /5~ DAY OF ~ 2003, BY A VOTE OF S AYES, AND D NAYS AND 0 ABSTENTIONS. ATTEST: 1f1~~-k0 Cynthia Singleton, TRMC City Secretary Exhibit "A" CONTRACT FOR ELECTION SERVICES BETWEEN THE CITY COLLEYVILLE AND THE COLLEYVILLE CRIME CONTROL AND PREVENTION DISTRICT This Contract is made this / 5 ~ day of r;f.. b 2003 by and between the City of Colleyville (hereinafter referred to as "the City"), acting by and through its Mayor and the Colleyville Crime Control and Prevention District (hereinafter referred to as "the District") acting by and through its President and by authority of Texas Government Code Section 791, (the "Interlocal Cooperation Act") authorizing local governments to contract with one another for the matters related to the Special Election to be held on September 13, 2003. 1. Purpose of Contract The District has called an election to be held on September 13, 2003 for the purpose of determining whether to continue the District and the sales tax adopted therefore. The City agrees to conduct said election on behalf of the District under the terms set forth herein. 2. Duties and Services of the District The District shall be responsible for performing the following duties and shall furnish the following services: a. Adopt Order calling for a Special election to be held September 13, 2003 to determine whether voters desire to continue the Colleyville Crime Control and Prevention District and the Crime Control and Prevention District sales tax. b. Canvass the returns of the September 13, 2003 election. c. Determine and declare by Order the final results of the September 13, 2003 election. 3. Duties and Services of the City Of Colleyville The City shall be responsible for making reasonable decisions concerning establishing election procedures and conducting the election, including, but not limited to the following duties: a. Determine the polling places. b. Appoint election judges, alternate election judges and clerks. c. Set compensation of the judges and clerks d. Establish the method of voting. Exhibit "A" e. Publish and post the notice of the election. f. Establish procedures for early voting. g. Prepare submissions to the United States Justice Department 4. General Conditions a. Nothing contained in this contract shall authorize or permit a change in: (1) the officer with whom or the place at which any document or record relating to the election is to be filed; (2) the place at which any function is to be carried out; (3) the officer who will serve as custodian of the voted ballots or other election records; or (4) any other nontransferable functions specified by the Texas Election Code. . b. The parties represent that the person signing this Contract on their behalf has been fully authorized to do so by the governing body of the respective party. c. The City shall pay all expenses attributable to conducting the election. 5. This Contract is executed and agreed on this the /sYJf day of by the City of Colleyville and the Colleyville Crime District. ~ B : L/7'--t: .- Jb<-C '- nnYTi~t Colleyville Crime Control and Prevention District Exhibit "B" JOINT ELECTION AGREEMENT FOR TARRANT COUNTY AND THE CITY OF COLLEYVILLE THIS AGREEMENT is made and entered into this day of , 2003, by and between the COUNTY OF TARRANT, acting by and through the TARRANT COUNTY ELECTIONS ADMINISTRATOR ( hereinafter referred to as "COUNTY") and the CITY OF COLLEYVILLE, TEXAS, acting by and through its Mayor or his/her designee (hereinafter referred to as "CITY"). WHEREAS, the County of Tarrant will conduct a Special Constitutional Amendment Election and the City of Colleyville will conduct a Special Election for the Colleyville Crime Control and Prevention District; and WHEREAS, it is desirable for voter convenience and to reduce the overall cost to each entity that said elections be held jointly on September 13, 2003; and WHEREAS, the City of Colleyville desires to select the Tarrant County Elections Administrator to conduct and coordinate this joint election; and IN CONSIDERATION of the mutual project referenced herein, the parties hereto agree to hold an election jointly on September 13, 2003, from 7:00 AM until 7:00 PM, in accordance with Section 271.002, Texas Election Code, and that said election will be conducted jointly pursuant to the terms of this agreement. I. GENERAL TERMS 1.01 On Tuesday, September 13, 2003, the election shall be held from 7:00 AM until 7:00 PM, that day. 1.02 On Election Day, each political subdivision participating in the joint election, shall share election officials, polling places, and optical scan voting equipment, but will have separate ballots. 1.03 Early voting by personal appearance shall begin August 28, 2003, and end on September 9, 2003, with voting conducted on (DRE) Direct Recording Electronic Equipment. Note: August 27, 2003 is Lyndon Baines Johnson Day (a state holiday), and September 1, 2003 is Labor Day (a state and federal holiday) and early voting by personal appearance is not required to be conducted on either of these dates. 1 .04 Early voting by mail ballots will be separate and processed by the Elections Department. 1.05 Each political subdivision shall pay a predetermined cost to Tarrant County as payment for conducting the election. Exhibit "B" II. TARRANT COUNTY 2.01 The County agrees to coordinate, supervise and conduct the Joint Election, pursuant to the provisions of the Texas Election Code unless specifically provided otherwise in this agreement. 2.02 The Elections Administrator shall perform the following duties: a. Appoint, notify and train the presiding judges and alternate judges. The names and addresses of each judge and alternate judge shall be furnished to the City Secretary of each participating entity. b. Compensate election judges and clerks. Each election judge will receive $8.00 per hour, alternate election judges and clerks will receive $7.50 per hour (for a maximum of 15 hours). The election judge will receive an additional $25.00 (for each entity) for picking up the election supplies prior to Election Day and for delivering election retur.ns and supplies to the appropriate Central Counting Station after the polls close. Election judges and alternates will receive $10.00 each for attending the election training. c. Procure, prepare and distribute early voting equipment for each entity. d. Procure, prepare and distribute supplies for early voting and Election Day. e. Procure, prepare and distribute tables and chairs, as needed, and transport equipment to and from the polling places. f. Procure and deliver to polling places all voting equipment. g. Rent, if necessary, voting locations. h. Provide lists of registered voter to the election judges. I. Assist, if needed, at the Counting Station for each entity and in preparation of programs and test materials for tabulation of the ballots to be used with electronic voting equipment in accordance with the provisions of the Texas Election Code and of this Agreement. j. Publish notice of the date, time and place of the testing of the electronic tabulation equipment and conduct such testing. k. Supervise the handling and disposition of election returns, tabulate unofficial returns and assist in preparing the tabulation for the official canvass. 2 Exhibit "B" I. Prepare the unofficial canvass report after all precincts have been counted and deliver a 'copy of the unofficial canvass to the City no later than 10:00 AM on September 15, 2003. m. Serve as custodian of election records and store election records for 60 days as provided by law. n. Conduct the manual count. III. EARLY VOTING 3.01 Early Voting By Mail: a. Election Administration shall be responsible for early voting ballot requests by mail for the Constitutional Amendment Election. b. The City Secretary or her designee may accept early voting ballot requests by mail for the City Special Election and forward the application to the Elections Administrator. c. Election Administration shall be responsible for procuring, preparing, and processing ballots to be voted by mail. Officially voted ballots shall be returned to Robert Parten, Early Voting Clerk, 100 W. Weatherford St., Room B-90, P.O. Box961011, Fort Worth, Texas 76161-0011. 3.02 Early Voting by Personal Appearance a. Robert Parten, Tarrant County Elections Administrator, shall serve as Early Voting Clerk for the Joint Election, and other clerks shall be appointed as needed. b. The City Secretary or her designee shall serve as Deputy Early Voting Clerk for the Joint Election. c. Early Voting by personal appearance shall be conducted at locations listed on Exhibit A. d. Early Voting will begin on August 28, 2003, from 8:00 AM to 5:00 PM, and will end on September 9,2003, from 7:00 AM to 7:00 PM. e. Extending hours for early voting shall take place at each early voting location on Saturday, September 6,2003, from 8:00 AM until 5:00 PM; on Sunday, September 7,2003, from 11 :00 AM until 4:00 PM; and on Monday, September 8,2003 and Tuesday, September 9,2003 from 7:00 AM until 7:00 PM. Early voting by personal appearance will not be conducted on August 27, 2003 or September 1, 2003 (state and federal holidays. ) 3 Exhibit "B" f. Residents of the City of Colleyville or any resident of any political Subdivision participating in the joint election resolution may vote early in person at Tarrant County designated polling locations. g. The Elections Department will provide Direct Record Voting System to be used for early voting by personal appearance. Tarrant County will be responsible for the preparation and programs and the testing of the Direct Record System. Any qualified voter for the Joint Election may vote early by personal appearance at Colleyville City Hall, 5400 Bransford Road, Colleyville, Texas 76034, or at the main early voting location, Tarrant County Early Voting, 600 W. Weatherford St., Ft Worth, Texas 76102. h. The Elections Department will be responsible for establishing and operating the central counting station and to provide the City with the report of early voting results on the day of the election, in accordance with the provisions of the Texas Election Code. 3.03 Election Administration shall be responsible for Early Voting tabulation. 3.04 Election Administration shall prepare the officially voted mail ballots for counting by the Early Voting Ballot Board. 3.05 The Early Voting Ballot Board shall convene on September 10, 2003, at 8 a.m. at the Muller Building, 600 W. Weatherford Street. The Early Voting Ballot Board may include individuals recommended by the City. IV. CITY OF COLLEYVILLE The City shall have the following responsibilities in conducting this joint election; 4.01 The City shall designate voting locations within the City, giving preference to customary City locations, and provide information to the Elections Office as soon as possible. 4.02 Maps or other reference guides containing the boundaries of the City should be made available to the County. 4.03 Prepare all City election orders, resolutions, notices, and other pertinent documents for adoption for execution by the appropriate officer; and take all actions required by law for calling the City election, establishing precincts and City polling locations, handling contests, canvassing the returns and declaring the results of the City election. 4.04 Prepare and publish in the official newspaper, or post all required election notices of the City election. 4 Exhibit "B" 4.05 Deliver to the Elections Administrator as soon as possible, the official wording, including Spanish translation that is to be printed on the ballot. 4.06 Approve final ballot proof for content, form, and spelling. 4.07 Prepare and submit to the U.S. Department of Justice, under Section 5 of the Voting Rights Act of 1965, the required submission on voting changes with respect to the City's election. 4.08 Canvass the official results of the Colleyville Crime Control and Prevention District Special Election. V. PAYMENT FOR SERVICES 5.01 In consideration for the services and expenses provided by the County and to pay for the City's share in the cost of conducting this joint election, the City agrees to pay a predetermined cost for conduction of this joint election to Tarrant County [twenty five percent (25%) less than the last similar election], in the amount of $ 4,442.39. 5.02 Should a recount be required, those cost associated with the recount, if any, shall be negotiated at the time the need for said recount is determined. 5.03 The official for parties to contact for all purposes shall be listed at the end of the agreement. All notices and other deliveries under the agreement shall be delivered to said individual so listed. ACCEPT ANCE: On behalf of Tarrant County Elections Administration, I hereby accept the terms of the Agreement contained in this Resolution. Signed this day of ,2003. Robert Parten Elections Administrator Tarrant County, Texas On behalf of the City of & /:JilZ tit.. , I hereby accept the terms of this Agreement. Signed this 17~ , day of CITY COUNCIL APPROVED JUL 1 5 2003 5 Exhibit "B" TARRANT COUNTY COMMISSIONERS COURT RESOLUTION CALLING FOR JOINT ELECTION WITH THE CITY OF WHEREAS, ON Saturday, September 13, 2003, Tarrant County is required to conduct a Special Constitutional Amendment election; and WHEREAS, the City of Colleyville will hold a Special Election for the Colleyville Crime Control and Prevention District; and WHEREAS, it is desirable that said elections be held jointly by the City of Colleyville and Tarrant County; NOW, THEREFORE, BE IT HEREBY RESOLVED that we, the Commissioners Court of Tarrant County, will hold the Special Constitutional Amendment Election jointly with the City of Colleyville Crime Control and Prevention District Special Election, pursuant to Section 271.002 of the Texas Election Code. BE IT FURTHER RESOLVED that the Tarrant County Commissioners Court share proportionately in the cost of said joint election in those polling places of the county which are coextensive with those of the City of Colleyville. MOTION was made by seconded by above and foregoing, be adopted. , and , that the Resolution, AYES: NOES: The above Resolution was voted on at a regular meeting that the Commissioners Court of Tarrant County held on the day of ,2003. TOM VANDERGRIFF, TARRANT COUNTY JUDGE TARRANT COUNTY COMMISSIONERS COURT ATTEST: SUE COPPINGER, SECRETARY TARRANT COUNTY COMMISSIONERS COURT 6 Exhibit "e" SEPTEMBER 13, 2003 - EARLY VOTING POLLING LOCATIONS (13 DE SEPTIEMBRE, 2003 -SITIOS DE VOTACION TEMPRANO) 1. MAIN EARLY VOTING SITE Muller Building 16. Keller City Hall 600 West Weatherford Street 1100 Bear Creek Pkwy Fort Worth, Texas 76102 Keller, Texas 76248 2. Azle Public Library 17. Kooken Educational Center 609 Southeast Parkway 423 North Center Street Azle, Texas 76020 Arlington, Texas 76011 3. Benbrook City Hall 18. Mahaney Community Center 911 Winscott Road 6800 Forest Hill Drive Benbrook,Texas76l26 Forest Hill, Texas 76140 4. Bob Duncan Community Center 19. Mansfield Sub-Courthouse 2800 South Center Street 1100 East Broad Street Arlington, Texas 76014 Mansfield, Texas 76063 5. Cliff Nelson Recreation Center 20. North Richland Hills City Hall 4600 West Bardin Road 7301 Northeast Loop 820 Arlington, Texas 76017 North Richland Hills, Texas 76180 6. Colleyville City Hall 21. Northeast Sub-Courthouse (Joint Election) 645 Grapevine Highway 5400 Bransford Road Hurst, Texas 76054 Colleyville, Texas 76034 7. Como Elementary School 22. Northwest Sub-Courthouse 4000 Home Street 6713 Telephone Road Fort Worth, Texas 76107 Lake Worth, Texas 7613 5 8. Crowley Community Center 23. Sherrod Elementary School 900 East Glendale Street 2626 Lincoln Drive Crowley, Texas 76036 Arlington, Texas 76006 9. Diamond Hill/Jarvis Library 24. Southlake Town Hall 1300 Northeast 35th Street 1400 Main Street Fort Worth, Texas 76106 Southlake, Texas 76092 10. Euless Public Library 25. Southside Community Center 201 North Ector Drive 959 East Rosedale Street Euless, Texas 76039 Fort Worth, Texas 76104 11. Grapevine Community Activities Center 26. Southwest Sub-Courthouse 1175 Municipal Way 6551 Granbury Road Grapevine, Texas 76051 Fort Worth, Texas 76133 12. Griffin Sub-Courthouse 27. Starrett Elementary School 3212 Miller Avenue 2675 Fairmont Drive Fort Worth, Texas 76119 Grand Prairie, Texas 75052 13. Haltom City Police Annex 28. White Settlement Recreation Center 3520 Denton Hwy 8213 White Settlement Road Haltom City, Texas 76117 White Settlement, Texas 76108 14. Handley-Meadowbrook Community Center 29. Worth Heights Community Center 6201 Beaty Street Fort Worth, Texas 76112 3551 New York Avenue Fort Worth, Texas 76110 15. Hurst Recreation Center 700 Mary Drive Hurst, Texas 76053