HomeMy WebLinkAboutCity Council-Agenda Packets-5/7/2003
City of
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Texas
PUBLIC NOTICE
COLLEYVILLE CITY COUNCIL SPECIAL MEETING
AGENDA
May 7, 2003
6:00 p.m.
Colleyville City Hall
Council Chambers
5400 Bransford Road
1. READING AND PUBLIC HEARING - Resolution R-03-2147- Calling a Run-
Off Election for the purpose of electing a Mayor
2. READING AND PUBLIC HEARING - Resolution R-03-2148 - Approval of an
Addendum to the Contract with the Tarrant County Elections Administration
for Election Services
I certify the above agenda was posted on the Bulletin Board at City Hall on Sunday
May 4,2003, at 6:45
71
Cynthia Singleton, TR
City Secretary
P.O. BOX 185 COLLEYVILLE, TEXAS 76034 (817) 577-7575
CITY COUNCIL
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MEETING DATE:
ITEM#:
RESOLUTION # :
05/07/03
1
R-03-2147
CITY MANAGER
DEPARTMENT HEAD
FINANCE REVIEW
Previous Action: None
DEPARTMENT: CITY COUNCIL
SUBJECT: Calling a Run-Off Election for the purpose of
electing a Mayor
Reading and Public Hearing
A General and Special Election was held May 3, 2003 and the canvass held May 6, 2003,
determined that, in the race for Mayor, no candidate received 50 percent or more of the votes
cast for such place.
This Resolution provides for calling a Run-Off Election for May 31, 2003, for the purpose of
electing a Mayor, designating dates, times and location of Early Voting and Election Day, and
names the Election and Alternate Judge.
Financial Impact
Funding will be charged to line item 001-14-6215, Election.
Recommendation
Approval
Attachment
. Resolution R-03-2147
RESOLUTION R-03-2147
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEYVILLE,
TEXAS, CALLING A RUN-OFF ELECTION FOR MAYOR TO BE ON MAY 31,
2003, AS SET FORTH BY CHARTER AND BY THE TEXAS ELECTION CODE
WHEREAS, a canvassing of the election returns and declaring the results of the
General City Council Election and Special Election held on May 3,
2003, was approved by the City Council on May 6, 2003; and
WHEREAS, the canvass determined that, in the race for Mayor, no candidate
received 50 percent or more of the votes cast; and
WHEREAS, pursuant to the requirements of subsection (b) of Section 2.025 of
the Texas Election Code as provided by Chapter 60, Acts of the
70th Legislature, second called session, and City of Colleyville
Charter, a Run-Off Election shall be held between the two
candidates receiving the highest number of votes cast for such
office of Mayor; and
WHEREAS, the two candidates receiving the highest number of votes are Joe
Hocutt and Richard Newton and are the candidates for such office
of Mayor, in a Run-Off Election to be held Saturday, May 31,2003.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COLLEYVILLE, TEXAS:
Sec. 1.
THAT a Run-Off Election is hereby called to elect a Mayor and
such election shall be held on Saturday, May 31, 2003. Such
election shall be held at City Hall, 5400 Bransford Road, Colleyville,
Texas, on the 31 st day of May 2003, from 7:00 a.m. to 7:00 p.m.
Sec. 2.
THAT early voting shall be held at City Hall the following dates:
Thursday, May 16, 8:00 a.m. to 5 p.m., Saturday, May 17, 2003, 10
a.m. to 3 p.m., Monday through Friday, May 19 through May 23,
2003, 8:00 a.m. to 5 p.m. and Tuesday, May 27, 2003, 8 a.m. to 5
p.m.
Sec 3.
THAT voting machines shall be employed for the Run-Off Election,
including early voting, herein ordered in compliance with the
provisions of Chapter 121 of the Texas Election Code, as
amended.
Resolution R-03-2147
Page 2 of 2
Sec. 4.
THAT the following persons shall be the officers who shall conduct
the election:
Bertha Westerman - Presiding Judge
Helen Lear - Alternate Presiding Judge
and no more than (7) eligible persons as clerks whom the election
judge shall appoint; and
Sec. 5.
THAT the election clerks serving the Election shall also serve as
the Early Voting Ballot Board for the election. The Presiding Judge
shall serve as the Board's Presiding Officer.
Sec. 6.
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.
2003, BY A VOTE
ABSTENTIONS.
DAY OF
NAYS AND
APPROVED THIS
OF AYES,
ATTEST:
CITY OF COLLEYVILLE:
Cynthia Singleton, TRMC
City Secretary
Don na Arp
Mayor
CITY COUNCIL
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MEETING DATE: 05/07/03 CITY MANAGER
ITEM # : 2 DEPARTMENT HEAD 126
RESOLUTION #: ! R-03-2148 FINANCE REVIEW !
Previous Action: None
DEPARTMENT: CITY COUNCIL
SUBJECT: Approval of an Addendum to the Contract with the
Tarrant County Elections Administration for Election
Services
Reading and Public Hearing
The City contracted with the Tarrant County Elections Administration to assist with the conduct
of the General and Special Election held on May 3, 2003. The May 6, 2003, canvass
determined that, in the race for Mayor, no candidate received 50 percent or more of the votes
cast for such place.
This Resolution provides for an addendum to the original contract for Election Services to
include the conduct of a Run-Off Election to be held May 31,2003.
Financial Impact
Funding will be charged to line item 001-14-6215, Election.
Recommendation
Approval
Attachment
. Resolution R-03-2148
RESOLUTION R-03-2148
A RESOLUTION APPROVING AN ADDENDUM TO THE CONTRACT WITH
THE TARRANT COUNTY ELECTIONS ADMINISTRATION FOR ELECTION
SERVICES
WHEREAS, a canvassing of the election returns and declaring the results of the
General City Council Election and Special Election held on May 3,
2003, was approved by the City Council on May 6, 2003; and
WHEREAS, the canvass determined that, in the race for Mayor, no candidate
received 50 percent or more of the votes cast; and
WHEREAS, the City of Colleyville desires to amend the contract with Tarrant
County Elections Administration to include the conduct of a Run-Off
Election to be held May 31 , 2003.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COLLEYVILLE, TEXAS:
Sec. 1.
THAT the Colleyville City Council approves an addendum to the
contract with the Tarrant County Elections Administration for
election services, hereby attached as Exhibit "A".
AND IT IS SO RESOLVED.
APPROVED THIS
OF AYES,
DAY OF
NAYS AND
2003, BY A VOTE
ABSTENTIONS.
ATTEST:
CITY OF COLLEYVILLE:
Cynthia Singleton, TRMC
City Secretary
Donna Arp
Mayor
EXHIBIT n An
CONTRACT FOR ELECTION SERVICES WITH TARRANT COUNTY ELECTIONS
ADMINISTRATION AND CITY OF COLLEYVILLE RUNOFF
THIS CONTRACT made this day of , 2003, by and between
City of Colleyville , acting by and through the governing body of hereinafter referred to as
"Governing Body", and Robert Parten, Elections Administrator of Tarrant County, Texas, hereinafter
referred to as "Contracting Officer", and by authority of section 31.092(b), Texas Election Code, for
election services of the Runoff Election on May 31, 2003.
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) Contact the owners or custodians of polling places or custodian of
some other public (or if unavailable, private) building in the election
precinct and arrange for its use as a polling place in the election.
(b) Procure and distribute all necessary election supplies, including:
(1) ballots;
(2) election kits;
(3) early voting equipment; and
(4) rental of tables and chairs
(c) Procure all necessary voting machines and equipment, transport
machines and equipment to and from the polling places, and prepare
the voting machines and equipment for use at the polling places, as
described in separate Rental Agreement. The ballot boxes and voting
booths are provided by the County.
(d) Provide for the notification and training of election officials.
(e) Supervise and conduct early voting in person and by mail. Arrange
for the notification and training of the Deputy Early Voting Clerks.
The early voting location, including days and hours of voting, are
established in the Order of Election. Ballot by mail request shall be
mailed to the Early Voting Clerk, Cynthia Singleton and will be
processed by the contracting officer.
Ballots shall be mailed to Early Voting Clerk, P. O. Box 961011,
Fort Worth, Texas 76161-0011. Cynthia Singleton will serve as
Early Voting Clerk and Robert Parten, Tarrant County Elections
Administrator, will serve as Deputy Early Voting Clerk. Additional
Deputy Early Voting Clerks will be appointed to conduct early voting
at Colleyville City Hall, 5400 Bransford Road., Colleyville, Texas.
(f) Assist at the central counting station to receive and tabulate the voted
ballots.
The Central Count/ Ballot Board Judge shall be Bertha Westerman
Additional personnel shall be appointed by the Ballot Board Judge.
(g) Conduct a manual count of at least one percent (1 %) of the election precincts
or in three precincts, whichever is greater, and submit a written report.
(h) Publish the legal notice of the date, time, and place of the test of the
electronic tabulating equipment and conduct such test.
(i) Provide the advisory services in connection with the decisions to be
made and the actions to be taken by the governing body which is
responsible for holding the election.
U) Prepare the unofficial canvass report and deliver copy to governing body
as soon as possible, but in no event later than 10:00 AM on June 2, 2003.
(k) Serve as custodian of election records for 60 days following the election.
DUTIES AND SERVICES OF GOVERNING BODY
The governing body shall, at its sole cost and expense, perform the following:
(a) Prepare appropriate documents for assisting the Contracting Officer
in establishing precincts and polling places, election judges, and
members of the Early Voting Ballot Board, if necessary. The Central
Count/Ballot Board Judge shall be Bertha Westerman .
(b) Prepare all election orders, resolutions, notices, and other statutory
documents for adoption and for execution by the appropriate officer.
Take all actions required by law for calling the election, handling
contests, canvassing the returns, and declaring the results.
(c) Prepare and submit to the U. S. Department of Justice under the Federal
V oting Rights Act of 1965, the required submissions on voting changes
and procedures.
2
(d) Prepare and publish in the official newspaper, or post, all required
election notices.
(e) Provide two (2) single telephone connections for Early Voting
systems.
(f) Deliver to the Contracting Officer, the official wording that is to be
printed on the ballot with the exact form, order, Spanish translation,
and spelling that is to be used. The governing body shall approve the
final form and wording of the proposed ballot.
(g) Arrange for the selection and compensation of election officials for
early voting by personal appearance and election day.
(h) Pay any additional costs incurred by the contracting officer if a
recount for the election is required, or the election is contested in any
manner.
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 officers who will prepare the
official canvass of the election returns; (4) the officer who will serve as custodian of the
voted ballots or other election records; or (5) any other nontransferable functions specified by
section 31.096 of the Texas Election Code.
(b) The Contracting Officer is the agent of the governing body for the purposes of contracting
with the third parties, with respect to the election expenses within the scope of the
Contracting Officer's duties; and the Contracting Officer is not liable for the governing
body's failure to pay a claim.
(c) The Contracting Officer shall file copies of this contract the County Judge and the County
Auditor of Tarrant County, Texas.
PA YMENT FOR SERVICES
(a) Only the actual expenses directly attributable to the Contract may be charged, plus an
administrative fee of 10% of such actual costs. (Section 31.100(b), Texas Election Code)
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(b) As partial payment of the Contract estimate of $ 2,330.00 , the Governing Body shall
pay to Tarrant County the sum of $ 1.100.00 , at the time the contract is executed and
the election is called.
The balance for such services shall be paid within thirty (30) days from receipt of final
billing.
In the event said election is cancelled in accordance with Section 2.52, the governing body
shall reimburse the county for any expenses incurred as of that date.
WITNESS the following signatures and seal:
BY
MAYOR
CITY OF COLLEYVILLE, TEXAS
BY
ROBERT PARTEN, ELECTIONS ADMINISTRATOR
TARRANT COUNTY, TEXAS
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COUNTY OF TARRANT
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THE STATE OF TEXAS
VOTING MACHINE RENTAL AGREEMENT
Tarrant County, Texas, a corporate body politic, hereinafter designated as "the County", represented in this Agreement by the
Elections Administrator, hereby agrees to rent the following voting machine(s) to the hereinafter identified organization on the terms stated
below.
CITY OF COLLEYVILLE
PO Box 185
Colleyville, Texas 76034
hereinafter designated as "Renter", has requested the rental of -1. Optech II1-P Eagle voting machine(s) at $200.00 per machine on the terms
stated below. (I-Early Voting and I-Election Day)
1.
Please forward a copy of your ballot to Leo Angell at the V oting Equipment Center,
Fort Worth, Texas 76111.
2700 Premier Street,
II.
The rental period of voting machine(s) shall commence with the 31st day of MAY 2003 and shall not extend to a date which
will interfere with subsequent elections for which the County is responsible for providing the voting machines(s) for public use and to this
end will, in compliance with the Election Code, Article 7.14, Section 20 obtain a Court Order, at the Renter's expense, permitting the affected
voting machine(s) to be cleared and available to the County, no later than the tenth day after the first election for which the voting machine(s)
were rented.
III.
Only voting machine(s) that the County believes to be in safe operating condition will be provided and the Renter agrees to hold the
County harmless for any damages arising from the Renter's use of the voting machine(s).
IV.
Renter agrees to retum the voting machine(s) in the same condition as when received, normal and considerate usage wear excepted.
Renter agrees to reimburse the County for the costs to repair damages to the said machine(s) during such time as the County docs not have
control custody of said machine(s).
V.
The said machine(s) will be delivered by the County to:
City of Colleyville Designated Sites
and picked up by the County at said place.
In witness of this Agreement, we the County and the Renter affix our signatures on this _ day of
,2003.
TARRANT COUNTY, TEXAS
CITY OF COLLEYVILLE, TEXAS
By:
By:
ROBERT PARTEN
ELECTIONS ADMINISTRATOR
AUTHORITY TO CONTRACT
ELECTION SERVICES CONTRACT FOR CITY OF COLLEYVILLE RUNOFF
A. STATISTICAL INFORMATION
1. Eligible Voters 15,000
2. Estimated Turnout 25%
3. Number of election day polling places ~
4. Number of early voting locations --L
5. Number of ballots to order 5001
B. COST OF ELECTION ESTIMA TE ACTUAL
1. Cost of Ballots (I column, I side, 12") $ 870.00 $
2. Ballot Proofing/Distribution (2- hours x $20) $ 100.00 $
3. Voting System Programming and Testing $ 60.00 $
~ hours x $20.00
4. Election Kits (includes preparation)
l Election Day 1- Early Voting
X $80 $ 160.00 $
5. Polling Place Rental $ N/C $
6. Rental of Tables and Chairs $ N/C $
7.. Early Voting On-Line System
a. -L EV Wark Stations x $250 $ 500.00 $
b. Preparation (~ Hours X $20) $ 200.00 $
(Includes runners, set-up, closing)
8. Early Voting Ballot Tracking (~hrs x $20) $ 40.00 $
9. Early Voting By Mail, and
Support Personnel (~Hrs X $20) $ 40.00 $
10. Preparation and Distribution of Supplies
and Conduct Training (EV & ED) $ N/A $
~ Hours x $20
1
11. Central Counting Station
a. Technical Support Personnel
~ Hours X $20 $ 100.00 $
12. Preparation of Canvass $ 20.00 $
-L Hours x $20.00
13. List of Voters Who Voted $ 40.00 $
a. Preparation (2 hours x $20)
b. Hard Copy ($lO.OO/each)
14. Manual Count $ 200.00 $
Administrative Fee (10%)
$ 233.00
$
$
COST OF ELECTION
$ 2.330.00
TOTAL COST OF CONTRACT
$ 2.563.00
$
Rental Agreement for nIP Eagles (Includes
transportation & preparation of machines
and voting booths) ~ X $200
$ 400.00
$
TOTAL COST OF ELECTION
$ 2.963.00
$
Section 31.000, (c) Election Code, If the estimated expenses, not including the fee charged under
Subsection (d), exceed the actual expenses, the amount of the difference shall be refunded to the
contracting authority.
Section 2.052, Election Code, In the event the election, or any part thereof, is canceled, the
governing body shall reimburse the County for only those expenses incurred.
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COUNTY OF TARRANT
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THE STATE OF TEXAS
EARLY VOTING EQUIPMENT
Tarrant County, Texas, a corporate body politic, hereinafter designated as "the County",
represented in this Agreement by the Elections Administrator, hereby agrees to rent the following work
stations to the hereinafter identified organization on the terms stated below.
CITY OF COLLEYVILLE
hereinafter designated as "Renter", has requested the rental of..L Early Voting Workstation(s)
at S 250.00 * per unit totaling $500.00.
I.
The rental period for work station(s) shall commence on the 16th day of Mav 2003 and
continue through the 31 st day of Mav ,2003. Rental shall not extend to a date which will
interfere with subsequent elections for which the County is responsible.
II.
Only equipment that the County believes to be in safe operating condition will be provided
and the Renter agrees to hold the County harmless for any damages arising from the use thereof.
III.
Renter agrees to reimburse the County for the costs to repair damages to the said equipment
during such time as the County does not have control custody of said equipment.
The equipment will be delivered by the County to:
City of Colleyville Designated Early Voting Site
and picked up by the County at said place.
In witness of this Agreement we the County and the Renter affix our signatures on this
,2003.
day of
TARRANT COUNTY, TEXAS
CITY OF COllEYVlllE, TEXAS
By:
By:
Robert Parten
Elections Administrator
Authority to Contract
* Cost included in the Contract for Election Services