HomeMy WebLinkAboutContract 33956 ^iT`1` SECRETARY
SPECIAL ELECTION AGREEMENT w;Ci��! r,{�r.,- NO
FOR WISE COUNTY AND CITY OF FORT WORTH
This agreement is made and entered into this 1St day of September,2006, by and between the County of
Wise, acting by and through the Wise County Clerk, (hereinafter referred to as (Wise County) and the
City of Fort Worth, Texas, acting by and through its City Manager or his/her designee (hereinafter
referred to as "Entity")
Whereas, the County of Wise will conduct a Special Election on "Meet and Confer" for the City of Fort
Worth in Precinct 24,Newark of Wise County Texas on November 7, 2006.
Whereas the City of Fort Worth Texas has found and determined that the designated polling places
located outside the boundary of the election precinct or political subdivision adequately and conveniently
serves the affected voters and will facilitate the orderly conduct of the election; and
Whereas the City of Fort Worth desires to select Wise County Clerk to conduct and coordinate this
special election for City of Fort Worth voters located in Wise County Precinct 24,Newark, Texas.
Now therefore, for and in consideration of the mutual project referenced herein, the parties hereto agree
to hold a special election on November 7, 2006 7:00 am until 7:00 pm, including early voting. In
accordance with Section 271.002, Texas Election Code and that said election is conducted pursuant to the
terms of this agreement.
General Terms
1. On Tuesday November 7, 2006, the election shall be held from 7:00 am until 7:00 pm. that day at
polling location in Newark, Texas at 404 Hudson,Newark Community Center.
2. Wise County will provide election officials, supplies, electronic voting equipment,DRE (Direct
Record Electronic),DAU (Disabled Access Unit),JBC (Judges Booth Control), list of registered
voters in said precinct.
3. Wise County agrees to coordinate, supervise, and conduct the Special Election pursuant to the
provisions of the Texas Election Code for precinct 24 Newark annexed land in Wise County by the
City of Fort Worth.
4. Wise County agrees to arrange uses of buildings. Newark Community Center, Precinct 24,404
Hudson Street,Newark,Texas.
5. Wise County will notify, train judges, alternate judges, clerks. This information was given to
Marty Hendrix, City Secretary, City of Fort Worth, Texas, on August 8,2006 via e-mail.
6. The City of Fort Worth will pay half of all wages of judges, alternate judges, clerk, central count
staff and half of cost of delivery of equipment to and from the central count location.
7. Wise County will provide the City of Fort Worth with a copy of their registered voters that are
registered in Wise County Precinct 24.
8. Wise County Clerk, Election Department will program,test materials in accordance with the
provisions of the Texas Election Code and of this Agreement,will publish notice of date, time and
place of the testing of the electronic tabulation equipment and conduct such testing.
9. Wise County will supervise the handling and disposition of election returns,tabulate unofficial
returns, and assist in preparing the tabulation for the official canvass for the City of Fort Worth.
10. The City Fort Worth will prepare and publish the notice of their special election pertaining to
precinct 24 in Newark, Texas,Wise County in accordance to Texas Election Code.
11. Wise County will be custodian of election records and store election records as provided by law
for a period of 22 months. Copies of reports will be mailed to the City of Fort Wort
hours after election is closed. � `1 a NVQ)-29
VOL
Page 2 Contract of Wise County Texas and The City of Fort Worth Texas
12. The City of Fort Worth will provide the Wise County Clerk's office 3 copies of annexed land maps
in Wise County Precinct 24 prior to October 7,2006 so Wise County Staff can have them to view
and take to polling location on election day.
13. The City of Fort Worth will forward any applications they might receive, for ballot by mail
pertaining to precinct 24 in Newark to the Wise County Clerk's Office,P.O. Box 359,Decatur,
Texas 76234 immediately. Wise County will be responsible for Early Voting ballot request by
mail when received and if received within the guidelines of the Texas Election Code Book.
14. Wise County will be responsible for all preparation of mail ballots including mailing ballot to
voter according to the Texas Election Code Book.
15. Early voting in Wise County is as follows,Monday October 23 through Friday October 27,2006
and Monday October 30 through Friday November 3,2006 will be at 201 N. Market Street,
Records Building, Decatur,Texas with times of 8:00 am until 5:00 pm. Branch early voting will be
Saturday October 28, 2006 at the Wal-Mart Super Center located at 800 South US 81-287,
Decatur, Texas with times of 9:00 am until 6:00 pm.
16. The City of Fort Worth will be responsible for getting wording of said special election to the Wise
County Clerk,Election Department in both English and Spanish for programming.
17. The Wise County Clerk will call the City of Fort Worth with the election results pertaining to said
special election. The City of Fort Worth will be responsible for getting the appropriate name and
phone number to call on election night.
18. The City of Fort Worth will prepare any Special Election information for Newark Precinct 24
located in Wise County Texas, order of election, resolutions,notices, and other pertinent
documents required by law for calling the City of Fort Worth election, handling contests,
canvassing the returns and declaring the results of the election, prepare and publish election
notice that pertains to Newark, annexed land in Wise County Precinct 24 in the Wise County
Newspaper,The Wise County Messenger and will be responsible for publishing it within the
proper dates according to The Texas Election Code Book.
19. The City of Fort Worth will prepare and submit the United States Department of Justice, under
Section 5 of the Voting Rights Act of 1965,the required submission on voting changes with the
respect to the Special Election between the City of Fort Worth Texas and Wise County Texas,
Newark,Precinct 24.
20. The City of Fort Worth pursuant to the Texas Election Code Sec. 67.003, shall canvass the official
results between the 3rd and 11th day following the election.
Payment of Services
21.In consideration for all services and expenses provided by Wise County Texas, County Clerk's
Office ,Election Department, conducting this special election, for Precinct 24, land annexed by the
City of Fort Worth Texas in Wise County Texas at Newark for cost including wages, storing of
records, cost of half of MBB data and audio cards, programming, designing of ballot information,
training of judges, alternate judges, clerks, staff to answer questions on election night, storing of
information for allotted 22 months, delivery of equipment to and from polling location, etc.will be
cost of$12,800.00, (cost of election held with less than 5 places on ballot)The City of Fort Worth
will submit with this signed contract a check for deposit of$11, 520.00,90% of the estimated
election cost. The contract will not be accepted without this deposit. Final payment of$1,280.00
will be due by November 22, 2006 pursuant to the Texas Election Code, Section 31.100.
N Coto
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Page 3 Contract of Wise County Texas and The City of Fort Worth Texas
22. Should a recount be required,those costs associated with the recount, if any, shall be negotiated at
the time the need for said recount is determined. The City of Fort Worth will notify Wise County
as soon as possible if there is to be a recount according the Texas Election Code and the City of
Fort Worth will also notify Wise County if a recount is not needed. Should a recount be required
in the City of Fort Worth special election, the recount process shall be administered in accordance
with Chapter 213 of the Texas Election Code, with the Wise County Clerk providing a controlled
location, staffing, ballots, equipment and other necessary materials to complete the recount
process in an effective and timely manner.
23. The official for parties to contact for all purposes shall be listed at the end of this agreement. All
notices and other deliveries under the agreement shall be delivered to said individual so listed.
24. This contract will be e-mailed to Marty Hendrix, City Secretary of Fort Worth,Texas, via e-mail
Friday September 1,2006.
25. An answer from The City of Forth Worth will be given to The Wise County Texas Clerk, Sherry
Parker-Lemon before September 6th Noon. (Wise County's Ballots will be finalized and ready for
ballot by mail 12: 01 pm on September 6,2006.
Acceptance:
On behalf.of.Wise County Texas,County Clerk,I hereby accept the terms of the agreement contained
in this resolution.
1 �
SigC day of SCPT F)h P 0 , 2006.
Sherry arker-Lemon
r
•,'; , ' ► y County Clerk, Wise County Texas
940-627-3351
O -. 940-627-2138 (fax)
Sherry.parker-lemon(&co.wise.tx.us
V U'1 P.O. Box 359
qty n 200 N. Trinity
'•.0 r e recxry Decatur, Texas 76234
•• ... .
On behalf of the City of Fort Worth, Texas, I hereby accept the terms of this ag e
County Texas. t
Signed this_ _day of 2006.
APPROVED AS TO
FORMTD LEGALITY: Charles Boswell
City Manager, City of Fort Worth, Texas
A Ts0ffkWW Merk's Office-Election Department NO M&C REQUfRED
City of Fort Worth,Texas
Copies: Wise County Auditor's Office, Wise County Treasurer's Office
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