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06-012 - R TOWN OF PROSPER, TEXAS RESOLUTION 06-12 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, ORDERING THE GENERAL ELECTION TO BE HELD JOINTLY WITH THE PROSPER INDEPENDENT SCHOOL DISTRICT AND THE COLLIN COUNTY COMMUNITY COLLEGE DISTRICT,AND ADMINSTERED BY THE COLLIN COUNTY ELECTIONS ADMINISTRATION ON MAY 13, 2006, FOR THE PURPOSE OF ELECTING THE POSITION OF THREE COUNCIL MEMBERS(3),BEING PLACE 3,PLACE 4 AND PLACE 5,TO THE TOWN OF PROSPER TOWN COUNCIL TO HOLD OFFICE FOR A PERIOD OF TWO (2)YEARS; DESIGNATING POLLING PLACES; DESIGNATION FILING DEADLINES; ORDERING NOTICES OF ELECTION TO BE GIVEN AS PRESCRIBED BY LAW IN CONNECTION WITH SUCH ELECTION; DIRECTING THE GIVING OF NOTICE OF SUCH GENERAL ELECTION;AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. NOW,THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS THAT: Section 1. In accordance with the general laws and Constitution of the State of Texas, a General Election is hereby called and ordered for the 13th day of May, 2006, the same being the second Saturday in May, at which general election all qualified voters of the Town may vote for the purpose of electing three (3) Town Council members to fill the expiring terms of the Prosper Town Council Place 3, Place 4 and Place 5, for a term of two (2) years ending May 2008. Section 2. No person's name shall be placed upon the ballot as a candidate for Council Member unless such person has filed his or her sworn application as provided by Section 141.03 of the Texas Election Code, with the Town Secretary of the Town at the Town Hall Office, located at 121 W. Broadway Street, Prosper,Texas 75078, not later than 5:00 p.m. on the 13th day of March, 2006. The Town Secretary shall note on the face of each such application the date of such filing. Such application shall include the office the candidate is seeking. Section 3. Qualified voters of the following election precincts shall cast ballots for the General Election at the heretofore established and designated polling place within the Town as follows: County Election Precincts Polling Place Precinct 13 &Precinct 29 (All Town Precincts) Prosper High School - Library 300 Eagle Lane Prosper, Texas 75078 Election polls shall be open from 7:00 a.m. until 7:00 p.m. on the date of the election, May 13, 2006. Section 4. Early voting by personal appearance shall be available at the Collin County Elections Office,2010 Redbud Blvd., Suite 102, McKinney, Texas 75069 from 8:00 a.m. to 5:00 p.m., Monday through Friday, beginning on Monday, May 1, 2006 and continuing through Tuesday, May 9, 2006, during regular business hours which is from 8:00 a.m. to 5:00 p.m., for early voting which is not a Saturday, a Sunday, or any official State holiday, with extended voting hours being held on Monday, May 8, 2006 from 7:00 a.m. to 7:00 p.m. and Tuesday, May 9, 2006 from 7:00 a.m.to 7:00 pm. at the Prosper Town Hall, 121 W. Broadway Street, Prosper,Texas 75078. Applications for a ballot by mail shall be requested from and mailed to the Collin County Elections Administration Office,Attn:Elections Administrator,2010 Redbud Blvd., Suite 102, McKinney, Texas 75069. Applications for a ballot by mail must be received no later than the close of Resolution Page 1 of 2 business on May 5, 2006. Section 5. Candidates must file for a specific place and adhere to the filing deadlines accordingly. Candidate Packets are available in the Town Secretary's Office. The candidate filing deadlines for the General Election for Place 3, Place 4, and Place 5 are as follows: General Election Filing for the Position of Place 3, Place 4 and 5 February 11, 2006 beginning at 8:00 a.m. through March 13, 2006 ending at 5:00 p.m. Candidates must file in the Town Secretary's Office located at 121 W. Broadway, Prosper, Texas Section 6. The voting at such election shall be upon Diebold's Accuvote TS R6v.4.5.2 direct recording devices(DRE's)for early voting and Election Day, and optical-scan ballots with Diebold's Accuvote OS ROM v.1.96.4 for early voting by mail. Section 7. Notice of this election shall be given in accordance with the provisions of the Texas Election Code and returns of such notice shall be made as provided for in said Code. The Town Secretary shall issue all necessary orders and writs for such election, and returns of such election shall be made to the Town Secretary after the closing of the polls. Section 8. The designation of the election judges for the General Election will be in accordance with the contract between the Town and the Collin County Election Administration. Election judges shall be registered voters of the Town of Prosper. Section 9. Said election shall be held in accordance with the Constitution and laws of the State of Texas,and all duly qualified resident electors of the Town of Prosper, Texas, shall be entitled to vote. Section 10. Said election shall be held in accordance with Texas Election Code and the Federal Voting Rights Act of 1965, as amended. Section 11. This Resolution and order for an election shall be effective from and after the passage of this Resolution._ \ PASSED, APPROVED AND RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS-ON THIS 24TH DAY OF JANUARY, 2006. C rles iswa ger, M ATTEST: S nae Jennings, o n Secrets Resolution Page 2 of 2 May 13, 2006 Joint General Election Contract for Election Services Town of Prosper/Prosper ISD May 13, 2006 Joint General Election Table of Contents I Duties and Services of Contracting Officer II Duties and Services of the Town and School District III Cost of Services IV .Joint Election Agreement V General Provisions Exhibits Exhibit A Early Voting Schedule and Locations Exhibit B Election Day Polling Locations Exhibit C Cost of Services Exhibit D Joint Election Agreement THE STATE OF TEXAS CONTRACT FOR May 13,2006,Joint General Election—Prosper Town&PISD 1/25/2006 Page 2 COUNTY OF COLLIN § TOWN- SCHOOL PROSPER ELECTION SERVICES BY THE TERMS OF THIS CONTRACT made and entered into by and between the TOWN OF PROSPER, hereinafter referred to as the "Town," and the BOARD OF TRUSTEES OF THE PROSPER INDEPENDENT SCHOOL DISTRICT,hereinafter referred to as the"SCHOOL DISTRICT," and SHARON ROWE, Elections Administrator of Collin County, Texas, hereinafter referred to as "Contracting Officer," pursuant to the authority in Subchapter D, Section 31.091, of Chapter 31, of the Texas Election Code, agree to the following particulars in regard to coordination, supervision and running of the Town and School District's May 13, 2006, Joint General Election ("Contract"). THIS CONTRACT 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 Balloting Board. 1. 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 Town and School District will be the accepted guidelines for the number of clerks secured to work in each polling place. The presiding election judge of each polling place, 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 balloting board. Election judges shall be secured by the Contracting Officer with the approval of the Town and School District. May 13,2006,Joint General Election—Prosper Town&PISD 1/25/2006 Page 3 2. Election judges shall attend the Contracting Officer's school of instruction (Elections Seminar) to be held Wednesday, May 10 , 2006, at the Collin County 380 Courts Building, Central Jury Room, 1800 N. Graves, McKinney, Texas at 2:00 P.M. 3. Election judges shall be responsible for picking up from and returning election supplies to the county election warehouse located at 2010 Redbud, Suite 102, McKinney. Compensation for this pickup and delivery of supplies will be $25.00. 4. The Contracting Officer shall compensate each election judge and worker. Each judge shall receive$10.00 per hour for services rendered. Each alternate judge and clerk shall receive$8.00 per hour for services rendered. B. The Contracting Officer shall procure, prepare, and distribute voting machines, election kits and election supplies. 1. 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. 2. The Contracting Officer shall secure all tables, chairs, and legal documentation required to run the central counting station. 3. 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. 4. The Contracting Officer shall procure and arrange for the distribution of all election equipment and supplies required to hold an election. a. Equipment includes the rental of voting machines, ADA compliance headphones and keypads (1 per site), transfer cases, voting signs and tote boxes. May 13, 2006,Joint General Election—Prosper Town&PISD 1/25/2006 Page 4 b. Supplies include smart cards, sample ballots, early voting mail ballots, pens, tape,markers, etc. C. The Contracting Officer, Sharon Rowe, shall be appointed the Chief Deputy Early Voting Clerk by the Town and School District. 1. The Contracting Officer shall supervise and conduct Early Voting by mail and in person and shall secure personnel to serve as Early Voting Deputies. 2. Early Voting by personal appearance for the Town and School District's May 13, 2006, 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. 3. 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. a. Application for mail ballots erroneously mailed to the Town 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. b. All Federal Post Card Applicants (FPCA) will be sent a mail ballot. No postage is required. 4. 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 appointed by the Contracting Officer. The Board shall meet for preparation of the early voting ballots on Thursday, May 11, 2006, at 10:00 A.M. They will recess and continue the preparation process and begin tabulation on Saturday, May 13, 2006, at 9:00 A.M. They will reconvene to process May 13, 2006,Joint General Election—Prosper Town&PISD 1/25/2006 Page 5 provisional ballots and late mail ballots from outside the country on Friday, May 19, 2006 at 10:00 A.M. D. The Contracting Officer shall arrange for the use of all Election Day polling places. The Town 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 polling locations. The Election Day polling locations 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 Sharon Rowe. The Tabulation Supervisor shall be Patty Seals and paid as a contract expense. 1. 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. 2. The Public Logic and Accuracy Test of the electronic voting system shall be conducted by the Contracting Officer. 3. Election night reports will be available to the Town and School District at the Central Counting Station on election night. Provisional ballots will be tabulated after election night in accordance with current law. 4. 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 Town and School District as soon as possible after all returns have been tallied. 5. The Contracting Officer shall be appointed the custodian of the voted ballots and shall retain all election material for a period of 22 months. a. Pending no litigation and as prescribed by law, the voted and unused ballots shall be shredded 22 months after the election. May 13, 2006,Joint General Election—Prosper Town&PISD 1/25/2006 Page 6 b. The Town 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 Town and School District do not request the lists, the Contracting Officer shall destroy them. 6. 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 Town 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 TOWN AND SCHOOL DISTRICT. The Town and School District shall assume the following responsibilities: A. The Town and School District shall prepare the election orders, resolutions, notices,justice department submissions, official canvass and other pertinent documents for adoption by the appropriate office or body. The Town and School District assume the responsibility of posting all notices and likewise promoting the schedules for Early Voting and Election Day for their respective elections. B. The Town and School District shall each provide the Contracting Officer with an updated map and street index of their jurisdiction in an electronic or printed format as soon as possible. C. The Town and School District shall procure and provide the Contracting Officer with the ballot layout and Spanish interpretation in an electronic format. a. The Town and School District shall deliver to the Contracting Officer as soon as possible,but no later than Friday, March 24, 2006, the official wording for the Town and School District's May 13, 2006, Joint General Election. b. The Town and School District shall approve the "blue line" ballot format prior to the final printing. D. The Town and School District shall post the publication of election notice by the proper methods with the proper media. May 13,2006,Joint General Election—Prosper Town&PISD 1/25/2006 Page 7 E. The Town and School District shall prepare and submit to the U. S. Depaitaiient of Justice under the Federal Voting Rights Act of 1965, any required submissions on voting changes. F. The Town 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. G. The Town and School District shall pay the Contracting Officer 90% of the estimated cost to run the said election prior to Friday, March 24, 2006. The Contracting Officer shall place the funds in a "contract fund" as prescribed by Section 31.100 of the Texas Election Code. The Deposit should be delivered within the mandatory time frame to: Collin County Treasury 200 S. McDonald., Suite 310 McKinney, Texas 75069 ATTN: Alice Dobecka H. The Town 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 ELECTION 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 Town and School District's May 13, 2006, 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. 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 Town and School District. May 13,2006,Joint General Election—Prosper Town&PISD 1/25/2006 Page 8 C. If the Town 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 $75. An entity canceling an election will not be liable for any further costs incurred by the Contracting Officer in conducting the May 13, 2006, Joint General Election. All actual shared costs incurred in the conduct of the election will be divided by the actual number of entities contracting with the Contracting Officer and holding a May 13, 2006, Joint General Election. D. The Contracting Officer shall file copies of this contract with the County Judge and the County Auditor of Collin County, Texas. WITNESS BY MY HAND THIS THE 154C7 O6 2006. o a'-°-2----'- �t� aron Rowe Elections Administrator Collin County, Texas WITNESS BY MY HAND THIS THEpN DAY OF as 2006. Abiz._f_drell(y ...a....*0 f-- 2 Attested: Shan.• 'ennings C r es Niswanger Tow :ecretary Mayor WITNESS BY MY HAND THIS THE$ AY OF 610 ' 006. / Ailt9 Attested: Pam Webb re Wat ins Secretary to the Superintendent Superintendant May 13,2006,Joint General Election—Prosper Town&PISD 1/25/2006 Page 9 Exhibit"A" MAY 13, 2006, JOINT GENERAL ELECTION Town of Prosper and Prosper ISD Early Voting Locations and Hours POLLING PLACE ADDRESS' CITY' Collin County Election Department 2010 Redbud Blvd. #102 McKinney (Main Early Voting Location) • Prosper Town Hall 121 W. Broadway St. Prosper Sunday Monday! Tuesday Wednesday Thursday Friday Saturday April 30 May 1 May 2 May 3 May 4 May 5 May 6 8am-5pm 8am-5pm 8am-5pm 8am-5pm 8am-5pm May 7 May 8 May 9 May 10 May 11 May 12 May13 7am-7pm 7am-7pm Election Day 7am-7pm May 13,2006,Joint General Election—Prosper Town&PISD 1/25/2006 Page 1 Exhibit"B" MAY 13, 2006, JOINT GENERAL ELECTION Town of Prosper and Prosper ISD Election Day Polling Locations Polling P ace County Vot•ing Address; Town Precincts • Prosper High School 13, 29 300 Eagle Lane Prosper • • • • • May 13,2006,Joint General Election—Prosper Town&a PISD 1/25/2006Page 11 ESTIMATED CHARGES FOR CITY OF PROSPER May 2006 Exhibit"C" SUPPLY COST Number of Early Voting Locations 1 Number of Election Day Locations 1 Units Cost Prosper City Units Cost PCTY/PISD/CCCC Sample Ballots $1.10 each 25 $27.50 50 $55.00 Early Voting Mail Ballots $1.20 each 5 $6.00 15 $18.00 Early voting and election day kits $25.00 each 0 $0.00 2 $50.00 Central Counting kit and supplies $50.00 each 0 $0.00 1 $50.00 County Precinct Maps $12.00 each 0 $0.00 2 $24.00 Printer Labels for EV $15.95 each 0 $0.00 4 $63.80 Total $33.50 $260.80 Number of Entities Sharing 1 3 $33.50 $86.93 Grand Total $120.43 EQUIPMENT RENTAL COST Number of Early Voting Locations 1 Number of Election Day Locations 1 Units Cost Prosper City Units Cost PCTY/PISD/CCCC Voting Machines $200.00 each 0 $0.00 6 $1,200.00 Machine Drayage $28.00 each 0 $0.00 6 $168.00 L&A Testing $20.00 each 0 $0.00 6 $120.00 Transfer Cases $5.00 each 0 $0.00 1 $5.00 Metal Signs $1.00 each 0 $0.00 2 $2.00 Wood Signs $2.00 each 0 $0.00 1 $2.00 Large Early Voting Signs $5.00 each 0 $0.00 1 $5.00 Early Voting Cabinet $50.00 each 0 $0.00 1 $50.00 Tote Box $1.00 each 0 $0.00 1 $1.00 Early Voting Computer $300.00 each 0 $0.00 1 $300.00 Total $0.00 $1,853.00 Number of Entities Sharing 1 3 $0.00 $617.67 Grand Total $617.67 EARLY VOTING Number of Early Voting Locations 1 Workers each location 2 Units Cost Prosper City Units Cost PCTY/PISD/CCCC EV Ballot Board Fluctuates 1 $50.00 0 $0.00 Mailed Ballot Kits $1.00 each 5 $5.00 10 $10.00 Postage for Ballots $0.58 each 2 $1.16 5 $2.90 Assemble EV Location $50.00 each 0 $0.00 1 $50.00 Total Judge Hours $10.00 each 0 $0.00 75 $750.00 Total Alt.Judge&Clerk Hours $8.00 each 0 $0.00 75 $600.00 Pickup&Delivery of Supplies $25.00 each 0 $0.00 1 - $25.00 Total $56.16 $1,437.90 Number of Entities Sharing 1 3 $56.16 $479.30 Grand Total $535.46 ELECTION DAY Number of Election Day Locations 1 Workers each location 3 Units Cost Prosper City Units Cost PCTY/PISD/CCCC Total Judge Hours $10.00 each 0 $0.00 14 $140.00 Total Alt.Judge&Clerk Hours $8.00 each 0 $0.00 28 $224.00 Election Day Technical Support $100.00 per site 0 $0.00 1 $100.00 Pickup&Delivery of Supplies $25.00 each 0 $0.00 1 $25.00 Total $0.00 $489.00 Number of Entities Sharing Cost 1 3 $0.00 $163.00 Grand Total $163.00 ADMINISTRATIVE EXPENSES Number of Early Voting Locations 1 Number of Election Day Locations 1 Units Cost Prosper City Units Cost PCTY/PISD/CCCC Manual Recount Deposit $60.00 each 1 $60.00 0 $0.00 Process Pollworker Checks $1.50 each 0 $0.00 5 $7.50 Process Election Judge Notices $1.50 each 0 $0.00 4 $6.00 Total $60.00 $13.50 Number of Entites Sharing Costs 1 3 $60.00 $4.50 Grand Total $64.50 TABULATION Tabulation Network $4,000.00 Programming $2,050.00 Notice of Tabulation Test $100.00 Total $6,150.00 • Number of Entities 20 Total Per Entity $307.50 CENTRALIZED COSTS Cost for Central Count Workers $1,500.00 FICA on Election Workers $1,200.00 Assemble EV Location $50.00 Early Voting Machines in McKinney(8) $1,600.00 L&A Testing of Equipment(8) $160.00 Early Voting Computer in McKinney $300.00 Early Voting Personnel in McKinney $2,500.00 Printer Labels for Early Voting $50.00 County Overtime and Temporaries $10,000.00 FICA& Retirement for County Employees $1,500.00 Total $18,860.00 Number of Entities 14 Total Per Entity $1,347.14 Total for Tabulation &Centralized Costs $1,654.64 SUMMARY OF COSTS FOR CITY OF PROSPER SUPPLY COST $120.43 EQUIPMENT RENTAL COST $617.67 EARLY VOTING $535.46 ELECTION DAY $163.00 ADMINISTRATIVE EXPENSES $64.50 TABULATION/CENTRALIZED COSTS $1,654.64 Total $3,155.70 10%Administrative Fee $315.57 Grand Total $3,471.27 90% Due County by 3/24/06 $3,124.14 Exhibit"D" JOINT ELECTION AGREEMENT between The Town Council of the Town of Prosper("the Town")and the Board of Trustees of the Prosper Independent School District("the School"),and the Board of Trustees of the Collin County Community College District("the College"). BY THE TERMS OF THIS AGREEMENT,the Town,the School,and the College do hereby agree,pursuant to the provisions of the Texas Election Code,to hold a joint election of the General Election of the Town,General Election of the School District,and General Election of the College to be held on Saturday,May 13,2006. All entities have contracted with the Collin County Elections Administrator("Elections Administrator")to perform various duties and responsibilities on behalf of the three entities. The three entities shall share equally in the expense of the polling locations,election officials,supplies,ballots and other and all necessary expenses for the election upon receipt of satisfactory billing and invoices reflecting the total of such election. 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 13,2006,Joint General Election;they will be liable only for the contract preparation fee of$75.00. APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER,TEXAS in its meeting held the aday of fLt4 006,and executed by its authorized representative. By: Attest: Charles wanger ayor hanae Jennin ,Town Secret Prosper,Texas Prosper,Tex s APPROVED BY THE TRUSTEES OF THE PROSPER INDEPENDENT SCHOOL DISTRICT in its meeting held the ZC'e4day of 0.1 rvtc7 ,2006,and executed by its authorized representative. By: Attest: ,c //11-C/� w Atkins, Superintendent Pam ebb,Assistant to the Superintendent Prosper,Texas Prosper,Texas APPROVED BY THE BOARD OF T USTEES OO THE COLLIN COUNTY COMMUNITY COLLEGE DISTRICT in its meeting held ay of t) ,2006,and executed by its authorized representat' By: Attest: % ./J Dr. Ca rael,President ands Kihl,Assistant to the Pr sident Coll' ounty Community College Collin County Community College