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Home My WebLink AboutOrd 802-2019 Ordering a General Election to be Held on May 4, 2019CITY OF ANNA, TEXAS ORDINANCE NO. � a/ C' (May 4, 2019 General Election Order) AN ORDINANCE OF THE CITY OF ANNA, TEXAS, ORDERING A GENERAL ELECTION FOR MAY 4, 2019 TO ELECT (3) THREE CITY COUNCIL MEMBERS AT - LARGE, ALL FOR THREE-YEAR TERMS; PROVIDING FOR RUNOFF ELECTION; PROVIDING FOR A JOINT ELECTION WITH COLLIN COUNTY ELECTIONS ADMINISTRATION, ANNA INDEPENDENT SCHOOL DISTRICT AND COLLIN COLLEGE, DESIGNATING POLLING PLACES AND PROVIDING FOR EARLY VOTING, NOTICE AND OTHER MATTERS RELATING TO SAID ELECTION. WHEREAS, state law has established the second Saturday in May as the date for general municipal elections; and WHEREAS, by this ordinance, it is the intention of the City Council to call the General Election, designate a polling place for the election, to appoint the necessary election officers and to establish and set forth procedures for conducting the election. 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 in the City of Anna, Texas on Saturday, May 4, 2019, for the purpose of, electing three (3) city council members at -large for each a three- year term to the following offices: Council Member Place 2 Council Member Place 4 Council Member Place 6 SECTION 2. JOINT ELECTION Such election shall be held jointly with Collin Council Elections Administration, Anna Independent School District and Collin College. (Exhibits A & B) SECTION 3. ELECTION DAY POLLING PLACE On May 4, 2019, Election Day, the polls shall be open from 7:00 a.m. to 7:00 p.m. and shall be held at Collin County Vote Centers* which includes: CITY OF ANNA, TEXAS ORDINANCE �D�. PAGE 1 OF 3 Anna City Hall 111 N. Powell Parkway Anna, Texas 75409 *Vote Centers - 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. SECTION 3. EARLY VOTING Early voting by personal appearance shall be by the use of the Digital Reading Equipment (DRE) voting system in accordance with the Texas Election Code. Early Voting by personal appearance shall be held at Collin County Vote Centers* which includes: Anna City Hall 111 N. Powell Parkway Anna, Texas 75409 The dates and times for early voting by personal appearance are as follows: Monday April 22, 2019 8:00 a.m. to 5:00 p.m. Tuesday April 23, 2019 8:00 a.m. to 5:00 p.m. Wednesday April 24, 2019 8:00 a.m. to 5:00 p.m. Thursday April 25, 2019 8:00 a.m. to 7:00 p.m. Friday April 26, 2019 8:00 a.m. to 5:00 p.m. Saturday April 27, 2019 8:00 a.m. to 5:00 p.m. Monday April 29, 2019 7:00 a.m. to 7:00 p.m. Tuesday April 30, 2019 7:00 a.m. to 7:00 p.m. *Vote Centers - 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. SECTION 4. VOTE BY MAIL Collin County Elections Administrator, Bruce Sherbet is designated as the early voting clerk. Applications for ballots by mail must be mailed to: Bruce Sherbet Elections Administrator 2010 Redbud Blvd., Ste 102 McKinney, Texas 75069 SECTION 6. PERSONS QUALIFIED TO VOTE CITY OF ANNA, TEXAS ORDINANCE O cL PAGE 2 OF 3 Eligible voters include qualified voters residing within the corporate limits of the City of Anna. This election shall be held and conducted in accordance with the provisions of the Texas Election Code. SECTION RUNOFF DATE Any Runoff Election required for the election of Council members, ensuing from the general election of May 4, 2019 shall be held on Saturday June 08, 2019 or as designated by the joint election contract in accordance with the Texas Election Code. SECTION 5. ADMINISTRATION AND PROCEDURES OF THE ELECTION The City Manager is hereby authorized and directed to enter into a joint elections agreement for said election with Collin County Elections Administration and Anna Independent School District and to execute such election agreements for said election. SECTION 6. DISCLAIMER If any section, subsection, sentence, clause, or phrase of this ordinance, or its application to a particular set of persons or circumstances, is declared invalid or adjudged unconstitutional by a court of competent jurisdiction, it does not affect the remaining portions of this ordinance, as the various portions and provisions of this ordinance are severable. The City Council of the City of Anna, Texas, declares that it would have passed each and every part of this ordinance notwithstanding the omission of any part that is declared invalid or unconstitutional. PASSED by the City Council of the City of Anna, Texas, this 12th day of February, 2019. ATTESTED: APPROVED,/ ,f City Secretary Carrie L. Smith Mayor Nate Pike OF A --, CITY OF ANNA, TEXAS ORDINANCE b Q PAGE 3 OF 3 May 4, 2019 Joint General Election Contract for Election Services City of Anna/Anna ISD C64 -ab t Q May 4, 2019 Joint General Election Table of Contents I......................................................Duties and Services of Contracting Officer II................................................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 Exhibit C.............................................................................Cost of Services Exhibit D..................................................................Joint General Agreement May 4, 2019 Joint General Election — City of Anna & AISD 01/28/19 — Page 2 THE STATE OF TEXAS COUNTY OF COLLIN § CITY — SCHOOL ANNA CONTRACT FOR 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, 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 4, 2019 Joint General Election and a City Runoff Election, if necessary, on June 8, 2019. 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: I. DUTIES AND SERVICES OF CONTRACTING OFFICER. The Contracting Officer shall be responsible for performing the following duties and shall furnish the following services and equipment: A. The Contracting Officer shall arrange for appointment, notification (including writ of election), training and compensation of all presiding judges, alternate judges, the judge of the Central Counting Station and judge of the Early Voting 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 clerics 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 peals voting hours. The Contracting Officer May 4, 2019 Joint General Election — City of Anna & AND 01/28/19 —Page 3 will determine the number of clerks to work in the Central Counting Station and the number of clerks to work on the Ballot Board. 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. May 4, 2019 Joint General Election — City of Anna & AISD 01/28/19—Page 4 d. The Contracting Officer shall procure and arrange for the distribution of all election equipment and supplies required to hold an election. 1. Equipment includes the rental of voting machines, ADA compliance headphones and keypads (1 per site), transfer cases, voting signs 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 Cleric 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 4, 2019, 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. May 4, 2019 Joint General Election — City of Anna & AISD 01/28/19—Page 5 d. All Early Voting ballots (those cast by mail and those cast by personal appearance) shall be prepared for count by the Early Voting Ballot Board in accordance with Chapter 87 of the Texas Election 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. 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. May 4, 2019 Joint General Election — City of Anna & AISD 01/28/19 — Page 6 Pending no litigation and as prescribed by law, the voted ballots shall be shredded 22 months after the election. 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. £ 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 8, 2019. 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 Thursday, February 21, 2019, the official wording for the City and School District's May 4, 2019, Joint General Election. May 4, 2019 Joint General Election — City of Anna & AISD 01/28/19 — Page 7 b. The City and School District shall approve the "blue line" ballot format prior to the final printing. 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 5, 2019. 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 frame 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 4, 2019, Joint General Election is to be filed or the place at which May 4, 2019 Joint General Election — City of Anna & AISD 01/28/19—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 4, 2019, 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 4, 2019, 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. WITNESS BY MY HAND THIS THE DAY OF Bruce Sherbet Collin County, Texas 2019. HAND THIS THE DAY OF _2019. Croce, City Manager of Anna Attest: Aam'; </ J •1c Carrie Smith, City Secretary City of Anna May 4, 2019 Joint General Election — City of Anna & AISD 01/28/19—Page 9 WITNESS BY MY HAND THIS THE IN Michael Comeaux, Superintendent Anna Independent School District DAY OF 2019. Attest: Heather J. Mackey, Secretary Anna Independent School District May 4, 2019 Joint General Election — City of Anna & AISD 01/28/19—Page 10 Exhibit "A" MAY 4, 2019 JOINT GENERAL ELECTION Early Voting Locations and Hours City of Anna & AISD* Polling Place Address Cit 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 21 April 22 April 23 April 24 April 25 April 26 April 27 Sam — S m Sam — S m Sam — 5 m 8am - 7 m Sam - S m Sam - S m April 28 April 29 April 30 May 1 May 2 May 3 May 4 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 4, 2019 Joint General Election — City of Anna & AISD 01/28/19—Page I1 Exhibit "B" MAY 412019 JOINT GENERAL ELECTION Election Day Vote Centers — City of Anna & AISD* Precincts Location Address city "VOTE CENTER" 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 4, 2019 Joint General Election — City of Anna & AISD 01/28/19—Page 12 0 C 0 0 0 0 0 c q q 1- 0 0 lq'-4;r 0 0 0 0 1- 0 (P, 64 0 M 0 " co w 61). LO N 6q C\l LO C) CD 0 (D 0 0 0 0 C) 0 0 CD 0 0 C) 0 U) — cla 69� 69x 0 c (000001— 0000(Dr- (O Qc) C\l 0 0 0 N0 N 69.69-61). 0 LO (D (D " C\j CO CO -� L(5 6 (V6 ul 61� 6q 0) 1p CU () 0 w, (-4 Lo — 64(U 0 ell oll Ga 61). 0 0) C: 0 0 —1 —j M m T C: M 0 fA > o M = 0 0 N � q q q q q 0 C: > o 0 ci 691 (9 691 64 64 64 64 64 69 . 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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 should it be called, of the City and the General Election should it be called, of the School District and the College to be held on Saturday, May 4, 2019. 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. 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 programming costs shall be shared equally between the number of entities holding an election on May 4, 2019. Centralized costs will be determined based on voter registration per jurisdiction. 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 4, 2019, Joint General 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 P day of u c`ca 2019, and executed by its authorized represe to ' e. By: Attest: kPity Manager Carrie Smith, City Secretary o9T Apna City of Anna so j - zN APPROVED BY THE TRUSTEES OF THE ANNA INDEPENDENT SCHOOL DISTRICT in its meeting held the day of 2019, and executed by its authorized representative. By: Attest: Michael Comeaux, Superintendent Anna Independent School District Heather J. Mackey, Secretary Anna Independent School District APPROVED BY THE TRUSTEES OF THE COLLIN COLLEGE DISTRICT in its meeting held the day of , 2019, and executed by its authorized representative. By: Attest: H. Neil Matkin, Ed. D., District President Collin College Kim Davison, Chief of Staff Collin College