HomeMy WebLinkAboutOrd 739-2017 Ordering a General Election to be Held on May 6, 2017ORDINANCE NO.'79)9-,,'?01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS,
ORDERING A GENERAL ELECTION TO BE HELD ON MAY 6, 2017 FOR THE
PURPOSE OF ELECTING TWO (2) CITY COUNCIL MEMBERS; DESIGNATING
POLLING PLACES; ORDERING NOTICES OF ELECTION TO BE GIVEN;
AUTHORIZING EXECUTION OF JOINT ELECTION CONTRACTS; PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, in accordance with the general laws and Constitution of the State of Texas
and the Charter of the City of Anna, Texas, a Municipal Officers' election is to be held on
the first Saturday in May; and
WHEREAS, it is necessary that the City Council of the City of Anna order an election to
be held on the 6th day of May 2017, 7:00 a.m. to 7:00 p.m., for the purpose of electing
two (2) council members for Places 3 and 5; and
WHEREAS, the election shall be held as a Joint Election with the Anna Independent
School District ("ISD") and administered by the Collin County Elections Administrator in
accordance with the provisions of the Texas Election Code, the Charter of the City of
Anna, and a Joint Election Contract with the ISD and the Collin County Elections
Administrator; and
WHEREAS, the City of Anna accepts Collin County Election Administration's use of the
direct record and optical scan voting systems, which have been certified by the Secretary
of State in accordance with the Texas Election Code and approved by the United States
Department of Justice.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS:
SECTION 1. ELECTION ORDER
An election is hereby ordered to be held by the City of Anna, Texas, on Saturday, May 6,
2017, for the purpose of electing two (2) council members for Places 3 and 5. Polling
locations for the election will be determined in the Joint Election Contract with the ISD and
the Collin County Elections Administrator. The polling locations shall be open between
the hours of 7:00 a.m. and 7:00 p.m. the date of the election. The election will be
conducted in accordance with the Texas Election Code, the above -referenced Joint
Election Contract, and a Joint Election Agreement, by and between the City, the ISD and
the Board of Trustees of Collin College District.
SECTION 2. ELECTION NOTICE
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 name of
the newspaper and the date of publication shall be retained as a record of such notice,
and the person posting the notice shall make a record at the time of posting stating the
date and place of posting in accordance with Texas Election Code Section 4.005.
SECTION 3. EARLY VOTING
Early voting by personal appearance by any qualified Collin County resident shall be
conducted at the Anna City Hall, 111 N. Powell Pkwy, Anna, Texas 75409, or at any of
the other Collin County Vote Centers* established by the Joint Election Contract. Early
voting by personal appearance for the May 6, 2017, election will be conducted by the
Collin County Elections Administration.
The dates and times for early voting by personal appearance are as follows:
Polling Place
Address
City
Collin County Election Office
2010 Redbud Blvd., #102
McKinney
(Main Early Voting Location)
Anna City Hall
111 N. Powell Parkway
Anna
Sunday
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
April 23
April 24
April 25
April 26
April27
April 28
April 29
Sam — Spm
8am — Spm
Sam — Spm
8am - 7pm
Sam - Spm
Sam - 5pm
April 30
May 1
May 2
May 3
May 4
May 5
May 6
7am — 7pm
lam —7pm
lam —7pm
Election Day
SECTION 4. ELECTION DAY POLLING PLACE
On May 6, 2017, Election Day, the polls shall be open from 7:00 a.m. to 7:00 p.m. and
conducted at the Anna City Hall, 111 N. Powell Pkwy, Anna, Texas 75409 or at any of the
other Collin County Vote Centers* established by the Joint Election Contract.
SECTION 5. EARLY VOTING BY MAIL
Applications for early voting ballot by mail shall be mailed to: Bruce Sherbet. Elections
Administrator, 2010 Redbud Blvd., Ste. 102
early voting ballot by mail must be received
25, 2017.
SECTION 6. RUNOFF ELECTION
McKinney, Texas 75069. Applications for
no later than the close of business on April
If a run-off election becomes necessary, the Collin County Elections Administrator will
conduct the run-off election to be held on Saturday, June 10, 2017.
ORD I J -1,b0
May 2017 Election Order PAGE 2 OF 3
SECTION 7. ELECTRONIC VOTING EQUIPMENT
In accordance with Section 123.001 of the Texas Election Code, the Direct Record and
Optical Scan Voting Systems approved by the Secretary of State are hereby adopted for
the election on May 6, 2017.
SECTION 8. ADMINISTRATION AND PROCEDURES OF THE ELECTION
The City Secretary is hereby authorized and directed to enter into joint election
agreements for said election with Collin County Elections Administration and Anna
Independent School District and to execute such election agreements for said election.
SECTION 10. ELECTION OFFICIALS
Pursuant to the Joint Election Contract, the Collin County Elections Administrator shall
serve as Early Voting Clerk for the election. Presiding Election Judges and Alternate
Presiding Election Judges appointed to serve at said polling places shall be those
election officials furnished by Collin County Elections Administrator.
SECTION 12. EARLY VOTING BALLOT BOARD
An Early Voting Ballot Board shall be created to process early voting results in
accordance with Chapter 87 of the Texas Election Code. The Early Voting Ballot Board
shall be made up of members appointed in the manner stated in the Joint Election
Contract and the Presiding Judge and Alternate Presiding Judge of the Early Voting
Ballot Board shall be the election officials listed in the Joint Election Contract.
SECTION 13. SAVINGS, SEVERABILITY AND REPEALING CLAUSES
Should any word, sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be void or unconstitutional, the same shall not affect
the validity of the remaining portions of this ordinance, which shall remain in full force
and effect.
SECTION 14. EFFECTIVE DATE
This ordinance shall become effective immediately from and after its passage.
APPROVED AND ADOPTED by the City Council of the City of Anna, Texas on this the
14th day of February, 2017.
ATTESTED: i APP
vp�utwwn�irgi
�F q
City Secretary Carrie L. SmLi-h aybi
ORD �J°l' 0 L ��run im11101�
May 2017 Election Order
Mike Crist
PAGE 3 OF 3
May 6, 2017
Joint General Election
Contract for Election Services
City of Anna/Anna ISD
May 6, 2017
Joint General Election
Table of Contents
I......................................................Duties and Services of Contracting Officer
Il................................................Duties and Services of City and School District
III....................................................................................Cost of Election
IV........................................................................ Joint General Agreement
V.................................................................................General Provisions
Exhibits
Exhibit A....................................................Early Voting Schedule and Locations
Exhibit B.................................................................Election Day Vote Centers
ExhibitC.............................................................................Cost of Services
ExhibitD..................................................................Joint General Agreement
May 6, 2017 Joint General Election— City of Anna & A1SD
01/24/17 —Page 2
THE STATE OF TEXAS CONTRACT FOR
COUNTY OF COLLIN §
CITY - SCHOOL ANNA ELECTION SERVICES
BY THE TERMS OF THIS CONTRACT made and entered into by and
between the CITY OF ANNA, hereinafter referred to as the "CITY," and the BOARD OF
TRUSTEES OF THE ANNA INDEPENDENT SCHOOL DISTRICT, hereinafter
referred to as the "SCHOOL DISTRICT," and BRUCE SHERBET, Elections
Administrator of Collin County, Texas, hereinafter referred to as "Contracting Officer,"
pursuant to the authority in Subchapter D, Section 31.092, of Chapter 31, of the Texas
Election Code, agree to the following particulars in regard to coordination, supervision
and running of the City and School District's May 6, 2017 Joint General Election and a
City Runoff Election, if necessary, on June 10, 2017. An additional cost estimate, early
voting calendar, and Election Day polling place schedule will be prepared should a
Runoff Election be necessary.
THIS AGREEMENT is entered into in consideration of the mutual covenants
and promises hereinafter set out. IT IS AGREED AS FOLLOWS:
L 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 Ballot
Board.
a. The Contracting Officer shall be responsible for notification of
each Election Day and Early Voting presiding judge and alternate judge of
his or her appointment. The recommendations of the City and the School
District will be the accepted guidelines for the number of clerks secured to
work in each Vote Center. The presiding election judge of each Vote
Center, however, will use his/her discretion to determine when additional
manpower is needed during peak voting hours. The Contracting Officer
will determine the number of clerks to work in the Central Counting
Station and the number of clerks to work on the Ballot Board.
May 6, 2017 Joint General Election— City of Anna & AISD
01/24/17 — Page 3
Election judges shall be secured by the Contracting Officer with the
approval of the City and the School District.
b. Election judges shall attend the Contracting Officer's school of
instruction (Elections Seminar); calendar will be provided.
C. Election judges shall be responsible for picking up from and
returning election supplies to the county election warehouse located at
2010 Redbud Blvd., 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 $12.00 per hour for services rendered.
Each alternate judge and clerk shall receive $10.00 per hour for services
rendered. Overtime will be paid to each person working over 40 hours per
week.
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.
d. The Contracting Officer shall procure and arrange for the
distribution of all election equipment and supplies required to hold an
election.
May 6, 2017 Joint General Election — City of Anna & AISD
01/24/17 —Page 4
1. Equipment includes the rental of voting machines, ADA
compliance headphones and keypads (1 per site), transfer cases,
voting signs and election supply cabinets.
2. Supplies include smart cards, sample ballots, provisional
forms, maps, labels, pens, tape, markers, etc.
C. The Contracting Officer, Bruce Sherbet, shall be appointed the Early
Voting Clerk by the City and the School District.
a. The Contracting Officer shall supervise and conduct Early Voting
by mail and in person and shall secure personnel to serve as Early Voting
Deputies.
b. Early Voting by personal appearance for the City and School
District's May 6, 2017, Joint General Election shall be conducted during
the time period and at the locations listed in Exhibit "A", attached and
incorporated by reference into this contract.
C. All applications for an Early Voting mail ballot shall be received
and processed by the Collin County Elections Administration Office,
2010 Redbud Blvd., Suite 102, McKinney, Texas 75069.
1. Application for mail ballots erroneously mailed to the City
or School District shall immediately be faxed to the Contracting
Officer for timely processing. The original application shall then
be forwarded to the Contracting Officer for proper retention.
2. All Federal Post Card Applicants (FPCA) will be sent a
mail ballot. No postage is required.
d. All Early Voting ballots (those cast by mail and those cast by
personal appearance) shall be prepared for count by the Early Voting
Ballot Board in accordance with Section 87.000 of the Texas Election
May 6, 2017 Joint General Election — City of Anna & AISD
01/24/17—Page 5
Code. The presiding judge of this Board shall be appointed by the
Contracting Officer.
D. The Contracting Officer shall arrange for the use of all Election Day Vote
Centers. The City and School District shall assume the responsibility of remitting the
cost of all employee services required to provide access, provide security or provide
custodial services for the Vote Centers. The Election Day Vote Centers are listed in
Exhibit `B", attached and incorporated by reference into this contract.
E. The Contracting Officer shall be responsible for establishing and
operating the Central Counting Station to receive and tabulate the voted ballots in
accordance with Section 127.001 of the Election Code and of this agreement. Counting
Station Manager and Central Count Judge shall be Bruce Sherbet, The Tabulation
Supervisor shall be Patty Seals.
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.
C. Election night reports will be available to the City and School
District at the Central Counting Station on election night. Provisional
ballots will be tabulated after election night in accordance with law.
d. The Contracting Officer shall prepare the unofficial canvass report
after all precincts have been counted, and will provide a copy of the
unofficial canvass to the City and School District as soon as possible after
all returns have been tallied.
C. The Contracting Officer shall be appointed the custodian of the
voted ballots and shall retain all election material for a period of 22
months.
Pending no litigation and as prescribed by law, the voted
ballots shall be shredded 22 months after the election.
May 6, 2017 Joint General Election — City of Anna & AND
01/24/17 —Page 6
2. The City and School District can obtain the list of
registered voters from the Elections Administration Office after
this retention period. Pending no litigation and if the City or
School District does not request the lists, the Contracting Officer
shall destroy them.
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 and School District in a timely manner. The
Secretary of State may waive this requirement. If applicable, a written
report shall be submitted to the Secretary of State as required by Section
127.201(e) of the aforementioned code.
II. DUTIES AND SERVICES OF THE CITY AND SCHOOL DISTRICT. The
City and School District shall assume the following responsibilities:
A. The City and School District shall prepare the election orders, resolutions,
notices, official canvass and other pertinent documents for adoption by the appropriate
office or body. The City and School District assumes the responsibility of posting all
notices and likewise promoting the schedules for Early Voting and Election Day.
B. The City and School District shall provide the Contracting Officer with an
updated map and street index of their jurisdiction in an electronic (shape file preferred) or
printed format as soon as possible but no later than Friday, March 3, 2017.
C. The City and School District shall procure and provide the Contracting
Officer with the ballot layout and Spanish interpretation in an electronic format.
a. The City and School District shall deliver to the Contracting
Officer as soon as possible, but no later than 5:00 PM Wednesday,
February 22, 2017, the official wording for the City and School
District's May 6, 2017, Joint General Election.
b. The City and School District shall approve the "blue line" ballot
format prior to the final printing.
May 6, 2017 Joint General Election —City of Anna & AISD
01/24/17 — Page 7
D. The City and School District shall post the publication of election notice
by the proper methods with the proper media.
E. The City and School District shall 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.
F. The City and School District shall pay the Contracting Officer 90% of the
estimated cost to run the said election prior to Friday, April 7, 2017. The Contracting
Officer shall place the funds in a "contract fund" as prescribed by Section 3 1. 100 of the
Texas Election Code. The Deposit should be delivered within the mandatory time fiame
to:
Collin County Treasury
2300 Bloomdale Rd. #3138
McKinney, Texas 75071
Made payable to: "Collin County Treasury" with the note "for election services" included
with check documentation.
G. The City and School District shall pay the cost of conducting said election, less
partial payment, including the 10% administrative fee, pursuant to the Texas Election
Code, Section 31.100, within 30 days from the date of final billing.
III. COST OF SERVICES. See Exhibit "C."
IV. JOINT GENERAL AGREEMENT. See Exhibit "D".
V. GENERAL PROVISIONS.
A. Nothing contained in this contract shall authorize or permit a change in the
officer with whom or the place at which any document or record relating to the City and
School District's May 6, 2017, 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.
May 6, 2017 Joint General Election— City of Anna & AND
01/24/17 — Page 8
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 City and School
District.
C. If the City and/or School District cancel their election pursuant to Section
2.053 of the Texas Election Code, the Contracting Officer shall be paid a contract
preparation fee of $75. An entity canceling an election will not be liable for any further
costs incurred by the Contracting Officer in conducting the May 6, 2017, Joint General
Election. All actual shared cost 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
6, 2017, 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.
WM% ESS BY MY HAND THIS THE Z3 rDAY OF
Collin Coun-v, Texas
WITNESS BY MY HAND THIS THE "J DAY OF J1 017.
May 6, 2017 Joint General Election — City of Anna & AISD
01/24/17 —Page 9
WITNESS BY MY HAND THIS THE � DAY OF
By ; jW, , Lit:,
ete SIawj1d`er—,SupenntetQnt
Anna Independent School District
FO—L 2017.:-: 1
pe,
d q.�Pff ]t`fl}
Attest,Q c) \ 7 1(JQ k
Heather Mackey, Secretary
Anna Independent School District
May 6, 2017 Joint General Election — City of Anna & AISD
01/24/17—Page 10
Exhibit "A"
MAY 69 2017
JOINT GENERAL ELECTION
Early Voting Locations and Hours
City of Anna & AISD*
Polling Place
.Address
city
Collin County Election Office
2010 Redbud Blvd., #102
McKinney
Main Early Voting Location
Anna City Hall
111 N. Powell Parkway
Anna
Sunday
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
April 23
April 24
April 25
April 26
April 27
April 28
April 29
Sam — S m
Sam — 5 m
8am — S m
8am - 7pm
8am - S m
8am - 5 m
April 30
May 1
May 2
May 3
May 4
May 5
May 6
lam — 7pm
lam — 7pm
lam — 7pm
Election
Da
* City and School District voters may vote at any of the additional Early Voting locations
open under full contract services with the Collin County Elections Administration.
May 6, 2017 Joint General Election — City of Anna & AISD
01/24/17—Page 11
Exhibit `B"
MAY 69 2017
JOINT GENERAL ELECTION
Election Day Vote Centers — City of Anna & AISD*
_11VV__07,7CENTER"
Location
Address
City
bPcincts
Anna City Hall
111 N. Powell Parkway
Anna
*City and School District voters may vote at any of the additional Election Day Vote
Centers open under full contract services with the Collin County Elections
Administration.
May 6, 2017 Joint General Election — City of Anna & AND
01/24/17—Page 12
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JOINT ELECTION AGREEMENT
between
The City Council of the City of Anna (the City), the Board of Trustees of the Anna
Independent School District (AISD), known as (the School), and the Board of
Trustees of Collin 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 for the General Election and Special Election should it be called, of the City
and the General Election and Special Election should it be called, of the School District
and the College to be held on Saturday, May 6, 2017. The entities have contracted
with the Collin County Elections Administrator (Election Administrator) to perform
various duties and responsibilities on their behalf.
The City, AISD and the College shall share equally in shared expenses applicable for
the Early Voting location and Election Day Vote Center at the Anna City Hall
Administration Building. Expenses include polling location costs, election officials,
supplies, ballots and any other and all necessary expenses for the election upon receipt
of satisfactory billing and invoices reflecting the total of such election.
Tabulation and centralized costs shall be shared equally between the number of entities
holding an election on May 6, 2017. 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 6, 2017, Joint General & Special Election of the
City, the School District and the College; they will be liable only for the contract
preparation fee of $75.00.
APPROVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS in its meeting
held the f = day of 2017, and executed by its authorized
representative.
Attest:f
Carrie Smith, City Secretary
City of Anna
APPROVED BY THE BOARD OF TRUSTEES QF THE ANNA INDEPENDENT
SCHOOL DISTRICT in its meeting held the /Lo day of ��
2017, and executed by its authorized representative.
By:_gkc.� Attest
Pe to Slaughter, SupEWntendent at er Mackey, Se retary
Anna Independent School District Anna Independent School District
APPROVED BY THf; TRUSTEES OF E COLLIN COLLEGE DISTRICT in its
meeting held the �t4YI--) day of 2017, and executed by its
authorized representative.
By: Attest: (t1/l.
H. Neil Matkin, Ed.D. District President Kim Davison, Sr. Vice President
Collin College Collin College