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05-20-2015 (City Council) Agenda Packet NOTICE OF PUBLIC CITYO F WYLIE EVENT Wednesday, May 20, 2015 5:30 p.m. Wylie Municipal Complex 300 Country Club Road, Building #100 EXPLANATION! A RECEPTION FOR NEWLY ELECTED COUNCIL MEMBER DIANE CULVER WILL TAKE PLACE PRIOR TO THE SPECIAL CALLED MEETING AND ELECTION CANVASS. A QUORUM OF THE CITY COUNCIL MAY OR MAY NOT BE PRESENT, NO ACTION WILL BE TAKEN DURING THIS RECEPTION. Wylie City Council CITY OF WYLI NOTICE OF MEETING Special Called Meeting Agenda Election Canvass May 20, 2015 — 6:00 p.m. Wylie Municipal Complex Council Chambers/Council Conference Room 300 Country Club Road, Building #100 Eric Hogue Mayor Keith Stephens Mayor Pro Tern Nathan Scott Place 2 Todd Wintters Place 3 Bennie Jones Place 4 David Dahl Place 6 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.516.6020. Hearing impaired devices are available from the City Secretary prior to each meeting. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE CANVASS OF ELECTION • Consider, and act upon, Ordinance No. 2015-19 of the City Council of the City of Wylie, Texas, Canvassing the returns of the May 9,2015 General Election; Declaring the Election Results for City Council Place 2 and Place 4; Ordering a Runoff Election to be held on June 13, 2015 for the Purpose of Electing a Councitmember to Place 4; Designating Early Voting Polling Places and Hours; Designating Election Day Polling Places and Hours; Ordering Notices of Election to be given as Prescribed By Law; Appointing The Rockwall County Elections Administrator to Administer The Runoff Election; Appointing Election Judges; Authorizing All Necessary Actions Relating Thereto; And Providing A Savings/Repealing Clause, Severabitity Clause and an Effective Date. May 20,2015 Wylie City Council Special Called Meeting Agenda Page 2 of 3 Executive Summary The unofficial results of the City of Wylie May 9, 2015 General Election, have been presented for review to the Wylie City Council and certified by the Rockwall County Elections Administrator, Chris Lynch. Council is requested to review the results and take formal action to approve the totals within the proposed Ordinance. Pursuant to Article V, Section 5 of the City of Wylie Home Rule Charter; "A majority vote for an elective office is that number of votes which is greater than one-half of the total number of valid ballots cast for the office concerned. If no candidate for any elective position receives a majority vote, a runoff election shall be called;"and whereby,no candidate for City Council,Place 4 received a majority of the votes cast; a run-off election is to be held on Saturday, June 13, 2015, for the purpose of electing a City Council Member for Place 4, for a three year term on the Wylie City Council. ISSUANCE OF CERTIFICATE TO ELECTED COUNCIL MEMBER DIANE CULVER • Presented by Mayor Hogue ADMINISTRATION OF OATH OF OFFICE BY JUDGE TERRY DOUGLAS • Oath—Counciimember Elect,Diane Culver APPOINTMENT OF MAYOR PRO TEM • Consider, and act upon, the appointment of Mayor Pro Tern for a one year term beginning May 2015 and ending May 2016. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. REGULAR AGENDA 1. Consider, and act upon, an Election Contract by and between the City of Wylie and the Rockwall County Elections Administrator for administration of the June 13, 2015 Wylie Special Runoff Election. (C. Ehrlich, City Secretary) Executive Summary By the terms of this agreement, the City of Wylie agrees, pursuant to the provisions of the Texas Election Code, to hold its Special Runoff Election on Saturday, June 13, 2015. Per Council direction, the City will contract with the Rockwall County Elections Administrator to perform various duties and responsibilities on behalf of the City. The contract presented has specified duties for each party and estimated costs to administer the election which is based on the 2014 and 2015 election costs. This agreement,once executed,will formalize the Special Runoff Election for June 13, 2015 between the City of Wylie and Rockwall County Elections Administrator and approve the estimated costs for the Special Election. 2. Consider, and act upon, the appointment of a 2015 Board and Commissions City Council Interview Panel to conduct the May 2015 board applicant interviews. (C. Ehrlich, City Secretary) Executive Summary Each year the City Secretary's Office solicits and compiles applications from Wylie residents wishing to serve on various Wylie Boards and Commissions. These applications are received through the year until the later part of May of each calendar year. Additionally,in May of each year,the applications are compiled into appointment timeframes to allow the three Council member panel time to interview each applicant and subsequently choose a list of applicants May 20,2015 Wylie City Council Special Called Meeting Agenda Page 3 of 3 to recommend to the full Council to serve two year terms on the various Boards. The terms are staggered so each year approximately half of the members serving on each board and commission are appointed. *Proposed interview meeting dates will be Wednesday, May 27th and Thursday, May 28th from 5:30 p.m. - 8:30 p.m. each night. An alternate date of Monday, June 1st can be used in the event panel members are unable to attend one of the above dates. 3. Consider, and act upon, the appointment of a committee member to the City of Wylie City Council Subcommittee to represent the City of Wylie in meetings with the Wylie Independent School District City/Schools Partnerships Committee. (C. Ehrlich, City Secretary) Executive Summary In 2005, the Wylie Independent School Board formed an advisory standing committee called City/School Partnerships. The committee consists of three (3)WISD Board of Trustee members and three City of Wylie Council members. The purpose of the committee is focused on discussing existing and new partnerships between the Wylie Independent School District and the City of Wylie. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. ADJOURNMENT If during the course of the meeting covered by this notice,the City Council should determine that a closed or executive meeting or session of the City Council or a consultation with the attorney for the City should be held or is required,then such closed or executive meeting or session or consultation with attorney as authorized by the Texas Open Meetings Act,Texas Government Code§551.001 et. seq.,will be held by the City Council at the date,hour and place given in this notice as the City Council may conveniently meet in such closed or executive meeting or session or consult with the attorney from the City concerning any and all subjects and for any and all purposes permitted by the Act,including,but not limited to,the following sanctions and purposes: CERTIFICATION I certify that this Notice of Meeting was posted on this 16th day of May, 2015 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed Wylie City Council UTY OF WYLIE AGENDA REPORT Meeting Date: May 20, 2015 Item Number: Canvass Department: City Secretary (City Secretary's Use Only) Prepared By: C. Ehrlich Account Code: Date Prepared: May 11, 2015 Budgeted Amount: -0- Exhibits: Results Subject Consider, and act upon, Ordinance No. 2015-19 of the City Council of the City Of Wylie, Texas, Canvassing The Returns of the May 9, 2015 General Election; Declaring the Election Results for City Council Place 2 and Place 4; Ordering a Runoff Election to be held on June 13, 2015 for the Purpose of Electing a Councilmember to Place 4; Designating Early Voting Polling Places and Hours; Designating Election Day Polling Places and Hours; Ordering Notices of Election to be given as Prescribed By Law; Appointing The Rockwall County Elections Administrator to Administer The Runoff Election; Appointing Election Judges; Authorizing All Necessary Actions Relating Thereto; And Providing A Savings/Repealing Clause, Severability Clause and an Effective Date. Recommendation A motion to approve Ordinance No. 2015-19 of the City Council of the City Of Wylie, Texas, Canvassing The Returns of the May 9, 2015 General Election; Declaring The Election Results for City Council Place 2 and Place 4; Ordering a Runoff Election to be held on June 13, 2015 for the Purpose of Electing a Councilmember to Place 4; Designating Early Voting Polling Places and Hours; Designating Election Day Polling Places and Hours; Ordering Notices of Election to be given as Prescribed By Law; Appointing The Rockwall County Elections Administrator To Administer The Runoff Election; Appointing Election Judges; and Authorizing All Necessary Actions. Discussion The unofficial results of the City of Wylie May 9, 2015 General Election, have been presented for review to the Wylie City Council and certified by the Rockwall County Elections Administrator, Chris Lynch. Council is requested to review the results and take formal action to approve the totals within the proposed Ordinance. Pursuant to Article V, Section 5 of the City of Wylie Home Rule Charter; "A majority vote for an elective office is that number of votes which is greater than one-half of the total number of valid ballots cast for the office concerned. If no candidate for any elective position receives a majority vote, a runoff election shall be called;" and whereby, no candidate for City Council, Place 4 received a majority of the votes cast; a run-off election is to be held on Saturday, June 13, 2015, for the purpose of electing a City Council Member for Place 4, for a three year term on the Wylie City Council. The Election Code 2.024 requires that the call for a runoff election be ordered no later than the fifth day after the date the final canvass of the main election is completed. The proposed Ordinance, in addition to the canvass, calls the runoff election. Page 1 of 1 ORDINANCE NO. 2015-19 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, CANVASSING THE RETURNS OF THE MAY 9, 2015 GENERAL ELECTION; DECLARING THE ELECTION RESULTS FOR CITY COUNCIL PLACE 2 AND PLACE 4; ORDERING A RUNOFF ELECTION TO BE HELD ON JUNE 13,2015 FOR THE PURPOSE OF ELECTING A COUNCILMEMBER TO PLACE 4; DESIGNATING EARLY VOTING POLLING PLACES AND HOURS;DESIGNATING ELECTION DAY POLLING PLACES AND HOURS;ORDERING NOTICES OF ELECTION TO BE GIVEN AS PRESCRIBED BY LAW; APPOINTING THE ROCKWALL COUNTY ELECTIONS ADMINISTRATOR TO ADMINISTER THE RUNOFF ELECTION; APPOINTING ELECTION JUDGES; AUTHORIZING ALL NECESSARY ACTIONS RELATING THERETO; AND PROVIDING A SAVINGS/REPEALING CLAUSE, SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. WHEREAS,the City Council of the City of Wylie, Texas ("City Council")duly authorized an election to be held within the City of Wylie, Texas ("City") on May 9, 2015 ("Election"), for the purpose of electing two members of the City Council,Place 2 and Place 4,for a term of three years;and WHEREAS, the Rockwall County Elections Administrator administered the Election; and WHEREAS,the Rockwall County Elections Administrator has made the return of the Election results and delivered them to the City Council in the time and manner required by law; and WHEREAS, Election returns lawfully submitted to the City Council and filed with the City Secretary are set forth in Exhibit A and incorporated herein for all purposes; and WHEREAS,the City Council finds that the Election was duly called;that notice of the Election was given in accordance with the law and City Charter; that the Election was held in accordance with the law and City Charter; that the Election returns were duly and legally made and delivered; and that there were cast at the Election valid and legal votes; and WHEREAS, the City Council finds and declares that the meeting at which this Ordinance is considered is open to the public as required by law, and that the public notice of the time, place and purpose of the meeting was given as required by Chapter 551 of the Texas Government Code, as amended; and WHEREAS, the City Council, having canvassed the combined early voting and election day accumulated totals, finds that the votes cast result in the following: CITY COUNCIL, PLACE 2 Lisa Mellers received 132 or 22.84% of the votes cast. Ordinance No.2015-19,Canvass of the May 9,2015 General Election Page 1 of 5 And Ordering a Runoff Election for June 13,2015 670417 Diane Culver received 394 or 68.17% of the votes cast. Catherine Butschek received 52 or 9.00% of the votes cast. CITY COUNCIL, PLACE 4 Brooke Lopez received 88 or 14.36% of the votes cast. Bennie Jones received 227 or 37.03% of the votes cast. Brad Emerson received 141 or 23.00% of the votes cast. Candy Arrington received 157 or 25.61% of the votes cast. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: Section 1. Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. Section 2. Election Results. The Election returns as set forth herein are declared to be official. Accordingly, Diane Culver is hereby declared elected to City Council Place 2. No candidate for City Council Place 4 received a majority of the votes cast. Accordingly, a runoff election must be called pursuant to Article V, Section 5 of the City of Wylie Home Rule Charter and Texas law. Section 3. Approval of Elections Results. The City Council hereby finds and determines, as a result of the canvass held on May 20, 2015, that a combined election day and early vote total of 613 votes were cast in the Election, with 434 early votes cast, as indicated by the poll list for the Election held on May 9,2015. It is hereby declared that the City approves and accepts the results of the Election for City Council Place 2 and Place 4 as set forth in the returns attached hereto as Exhibit A, as determined by the majority vote of the qualified voters of the City. Section 4. Runoff Election Ordered. Because no candidate for City Council Place 4 received a majority of the votes casts, the City Council hereby orders a runoff election to be held in the City on Saturday, June 13, 2015, for the purpose of electing a Councilmember for Place 4 to a three-year term ("Runoff Election"). The Runoff Election will be between the following candidates: Bennie Jones Candy Arrington Section 5. Early Voting for Runoff Election. Early voting by personal appearance shall be available at the Rockwall County Elections Office, 915 Whitmore Drive, Suite D, Rockwall, Texas, which is designated as the main early voting location, and at the Wylie Municipal Complex (Library), 300 Country Club Road, Building 300, Wylie, Texas. Early voting will begin on Monday,June 1,2015 and continue through Tuesday,June 9,2015. From June 1, 2015 through June 5, 2015,polls will be open during the normal working hours of 8:00 a.m.to 5:00 p.m.with extended voting hours on Saturday,June 6,2015 from 8:00 a.m.to 5:00 p.m.;on Monday, June 8, 2015 from 7:00 a.m. to 7:00 p.m.; and on Tuesday, June 9, 2015 from 7:00 a.m. to Ordinance No.2015-19,Canvass of the May 9,2015 General Election Page 2 of 5 And Ordering a Runoff Election for June 13,2015 670417 7:00 p.m. Applications for ballot by mail shall be requested from and mailed to the Rockwall County Elections Administration Office,Attn:Elections Administrator,915 Whitmore Dr. Suite D,Rockwall, Texas 75087. Applications for ballots by mail must be received no later than the close of business on June 5, 2015. Early voting times and locations are subject to change. Section 6. Election Day Voting for Runoff Election. Election day voting by personal appearance shall be at the following locations from 7:00 a.m. to 7:00 p.m. on Saturday,June 13,2015: Polling Places Southfork Mobile Home Park First Baptist Church of Wylie Community Clubhouse Events Center 216 Southfork Blvd. 200 N. Ballard Avenue Wylie, Texas 75098 Wylie, Texas 75098 Section 7. Voting Equipment and Materials. Direct Record Electronic(DRE)voting machines shall be used in the Runoff Election for early voting by personal appearance and election day voting. Paper ballots shall be used for early voting by mail. Section 8. Election to Comply with Applicable Laws. The City Secretary is hereby authorized and directed to publish or post,in the time and manner prescribed by law, all notices required to be so published or posted in connection with the conduct of the Runoff Election. The Runoff Election, including providing notice of the Runoff Election, shall be conducted in accordance with the Texas Election Code and other applicable law, and all qualified and registered voters of the City shall be eligible to vote in the Runoff Election. SECTION 9: Appointment of Election Administrator and Election Judges. The Rockwall County Elections Administrator shall administer the Runoff Election. The following election judges are hereby appointed: Early Voting: Rockwall County Elections Office Chris Lynch, Early Voting Clerk, 915 Whitmore Dr. Suite D, Rockwall, Texas Smith Public Library Ruthie Wright, Judge, 113 N. Winding Oaks, Wylie, Texas Dorothy Swayne, Alternate, 106 N. Cottonbelt, Wylie, Texas Election Day: First Baptist Church of Wylie Ruthie Wright, Judge, 113 N. Winding Oaks, Wylie, Texas Linda Davis, Alternate, 301 West Kirby#121, Wylie, Texas Southfork Mobile Home Park Priscilla Puz, Judge, 106 Cottonbelt, Wylie, Texas William Martin, Alternate Judge, 402 Hilltop Lane, Wylie, Texas Ordinance No.2015-19,Canvass of the May 9,2015 General Election Page 3 of 5 And Ordering a Runoff Election for June 13,2015 670417 In the event the appointed judges/alternates are unable to execute or complete their duties for any reason,the Rockwall County Elections Administrator may identify additional alternate judges that the City Council shall appoint as soon as possible. SECTION 10: Authority of Mayor and City Secretary. The Mayor and the City Secretary, in consultation with the City Attorney, are hereby authorized and directed to take any and all actions necessary to comply with the provisions of the Texas Election Code and any other state or federal law in carrying out and conducting the Election, whether or not expressly authorized herein. SECTION 11: Severability. Should any section,subsection,sentence,clause or phrase of this Ordinance be declared unconstitutional and/or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Frisco hereby declares that it would have passed this Ordinance, and each section, subsection, clause and phrase thereof regardless of whether any one or more sections, subsections, sentences, clauses or phrases may be declared unconstitutional and/or invalid. SECTION 12: Savings/Repealing. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict. Any remaining portion of conflicting ordinances shall remain in full force and effect. SECTION 13: Effective Date. This Ordinance and order for the Runoff Election shall become effective immediately upon its passage. DULY PASSED AND APPROVED BY THE WYLIE CITY COUNCIL on this 20th day of May, 2015. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Ordinance No.2015-19,Canvass of the May 9,2015 General Election Page 4 of 5 And Ordering a Runoff Election for June 13,2015 670417 Exhibit A Certified Election Returns (3 pages attached hereto) Ordinance No.2015-19,Canvass of the May 9,2015 General Election Page 5 of 5 And Ordering a Runoff Election for June 13,2015 670417 5 \ F � r %\ OF R�'�.• CHRISTOPHER J. LYNCH ELECTIONS ADMINISTRATOR STATE OF TEXAS CITY OF WYLIE CANVASS COUNTY OF ROCKWALL May 15, 2015 I, Christopher J. Lynch,the undersigned Elections Administrator of Rockwall County, do hereby certify that I have made the actual check and comparison of all the ballots tabulated as voted with Return Sheets, and the unused ballots as recorded on the Register of Official Ballots. I,therefore make the following finding from the May 9,2015 City of Wylie General Election that was held in Rockwall County, Texas. I, hereby certify the results to be full,true and correct tabulation, audit and count of the votes cast in the said election. WITNESSED,by my hand on this 15th day May,2015. r' C..Y Christopher J. Lynch Elections Administrator Rockwall County, Texas 915 Whitmore Dr.Ste.D•Rockwall, Texas 75087•Cell 760.927.2925•clynch@rockwallcountytexas.com COMBINED EARLY VOTING/ELECTION DAY TOTALS MAY 9, 2015 WYLIE GENERAL ELECTION Councilmember, Place 2 -Wylie TOTAL Number of Precincts 2 Precints Reporting 2 100% Vote For 1 Times Counted 578-22323 2.5% Total Votes 578 Times Blank Voted 0 Times Over Voted 0 Number of Under Votes 46 Lisa Mellers 132 22.84% Diane Culver 394 68.17% Catherine Butschek 52 9.0% Councilmember, Place 4—Wylie TOTAL Number of Precincts 2 Precints Reporting 2 100% Vote For 1 Times Counted 613-22323 2.7% Total Votes 613 Times Blank Voted 0 Times Over Voted 0 Number of Under Votes 11 Brooke Lopez 88 14.36%% Bennie Jones 227 37.03% Brad Emerson 141 23.00% Candy Arrington 157 25.61% NOTICE OF SPECIAL RUN-OFF ELECTION AVISO DE ELECCION GENERAL To the registered voters of the City of Wylie, Texas: (A los votantes registrados de la Ciudad de Wylie, Texas) Notice is hereby given that the City of Wylie, Collin,Rockwall and Dallas Counties,Texas,has ordered a Special Run-off Election to be held on June 13,2015 for the purpose of electing a Councilmember for Place 4. The polling places listed below will be open from 7:00 a.m.to 7:00 p.m.on June 13,2015. Se da aviso por la presente que la Ciudad de Wylie, Condado de Collin Rockwall y Dallas, Estado de Texas, ha ordenado una eleccion especial escorrientia que se llevara acabo el 13 de junto, 2015 con el proposito de elejir un miembro del Concilio para el Lugar 4 del Concilio de la Ciudad de Wylie; cual su termino ha expirado. Los centros electorales apuntados abajo estaran abiertos de 7:00 a.m. - 7: 00 p.m. e113 de junto, 2015. LOCATIONS OF POLLING PLACES(LOCALES DE LOS CENTROS ELECTORALES) Polling Places First Baptist Church of Wylie Southfork Mobile Home Park Community Clubhouse Events Center 216 Southfork Blvd. 200 N. Ballard Ave. Wylie, Texas 75098 Wylie, Texas 75098 EARLY VOTING BY PERSONAL APPEARANCE WILL BE CONDUCTED (VOTACION TEMPRANA POR APARIENCIA PERSONAL SE CONDUCIRA) AT THE FOLLOWING LOCATIONS:(EN LOS PROXIMOS LOCALES:) Main Early Voting location: Branch Early Voting location: Rockwall County Elections Administration Office Wylie Municipal Complex(Library) 915 Whitmore Dr., Suite D 300 Country Club Drive,Building 300 Rockwall,Texas 75087 Wylie,Texas 75098 Local principal de votacion temprana: Local para votacion temprana: Condado de Rockwall Wylie Municipal Complex(Library) Administracion de elecciones del Condado de Rockwall 300 Country Club Drive,Building 300 915 Whitmore Dr. Suite D Wylie,Texas 75098 Rockwall,Texas 75087 Early voting will begin on Monday, June 1, 2015 and continue through Tuesday, June 9, 2015. June 1, 2015 through June 5, 2015 polls will be open during the normal working hours of 8:00 a.m. to 5:00 p.m. with extended voting hours on Saturday, June 6, 2015 from 8:00 a.m.to 5:00 p.m. and Monday,June 8,2015 and Tuesday,June 9,2015 from 7:00 a.m.to 7:00 p.m. Applications for ballot by mail shall be requested from and mailed to the Rockwall County Elections Administration Office, Attn: Elections Administrator, 915 Whitmore Dr. Suite D, Rockwall, Texas 75087. Applications for ballots by mail must be received no later than the close of business on June 5,2015. (Usted puede votar empezando el lunes, 1 de junto, 2015 hasta el martes, 9 de junto, 2015, durante las horas de trabajo normales de 8:00 a.m. a 5:00 p.m. con horas prolongadas el sabado, 6 de junto, 2015, de 8:00 a.m. a 5:00 p.m., y el lunes, 8 de junto, 2015 y martes, 9 de junto, 2015 de 7:00 a.m. a 7:00 p.m.) Applications for ballot by mail shall be mailed to: (Solicitudes para boletos de votacion por correo deben ser enviadas a) Rockwall County Elections Administration Office Attention:Elections Administrator 915 Whitmore Dr. Suite D,Rockwall,Texas 75087 Issued this the 21st day of May,2015 by the Wylie City Council. (Publicado este2l de mayo,2015 por el Concilio de la Ciudad de Wylie) Presiding Officer(Oficial que Preside) 2015 Notice Of General Election Page 1 of 1 Wylie City Council CITY F OF AGENDA REPORT Meeting Date: May 20, 2015 Item Number: 1. Department: City Secretary (City Secretary's Use Only) Prepared By: C. Ehrlich Account Code: 100-5113-56070 Budgeted Date Prepared: May 12, 2015 Amount: $7,177.00 RCEA Contract/Cost Exhibits: Estimates Subject Consider, and act upon, an Election Contract by and between the City of Wylie and the Rockwall County Elections Administrator for administration of the June 13, 2015 Wylie Special Runoff Election. Recommendation Motion to approve, an Election Contract by and between the City of Wylie and the Rockwall County Elections Administrator for administration of the June 13, 2015 Wylie Special Runoff Election. Discussion By the terms of this agreement, the City of Wylie agrees, pursuant to the provisions of the Texas Election Code, to hold its Special Runoff Election on Saturday, June 13, 2015. Per Council direction, the City will contract with the Rockwall County Elections Administrator to perform various duties and responsibilities on behalf of the City. The contract presented has specified duties for each party and estimated costs to administer the election which is based on the 2014 and 2015 election costs. This agreement, once executed, will formalize the Special Runoff Election for June 13, 2015 between the City of Wylie and Rockwall County Elections Administrator and approve the estimated costs for the Special Election. Article 2, Section 1 (c) of the Home Rule Charter allows the Council to cooperate with the government of any County for any lawful purpose for the advancement of the interests of its inhabitants and cost savings to the taxpayers. The Election Code allows and encourages cities and school districts to contract with any county within its incorporated city limits for the administration of local elections. Rockwall County Elections Administrator Chris Lynch will hold the election for registered voters residing in the incorporated city limits of Wylie in Collin, Rockwall and Dallas counties. Page 1 of 1 June 13, 2015 Special Election (RUNOFF) Contract for Election Services Elections Administrator of Rockwall County and City of Wylie (Wylie Voters Only) June 13, 2015 Special Runoff Election Table of Contents I Principal Duties and Services of the Elections Administrator II Principal Duties and Services of the City III Cost of Services IV General Provisions Exhibits Exhibit A Early Voting Schedule and Polling Locations Exhibit B Election Day Schedule and Polling Locations Exhibit C Cost of Services ii STATE OF TEXAS COUNTY OF ROCKWALL CITY OF WYLIE CONTRACT FOR ELECTION SERVICES BY THE TERMS OF THIS CONTRACT made and entered into by and between the CITY OF WYLIE (the "City") and the ELECTIONS ADMINISTRATOR OF ROCKWALL COUNTY (the "EA"), 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 Special Runoff Election to be held on June 13, 2015. THIS AGREEMENT is entered into in consideration of the mutual covenants and promises hereinafter set out. IT IS AGREED AS FOLLOWS: I. PRINCIPAL DUTIES AND SERVICES OF THE EA. The EA shall be responsible for performing the following duties and shall furnish the following services and equipment: A. The EA shall arrange for appointment, notification (including writ of election), training and compensation of all presiding judges, alternate judges, the judge of the Tabulation Room and judge of the Early Voting Balloting Board. 1. The EA shall be responsible for notification of each Election day and Early Voting presiding judge and alternate judge of his or her appointment. The EA recommends providing up to six (6) election workers including alternate judges, clerks and interpreters. The presiding election judge of each polling place, however, will use his/her discretion to determine the working hours of the election workers during normal and peak voting hours. The EA will determine the number of clerks to work in the Tabulation Room and the number of clerks to work on the Balloting Board. 2. Election judges (including Presiding and Alternate) shall attend the EA's school of instruction (Elections Seminar) to be held on a date determined by the EA. The Elections Seminar shall provide training in standard procedures as set forth by the Secretary of State and will also include training on the ES&S Ivotronic ADA voting machines and the ADA headphones. 3. Election judges shall be responsible for picking up from and returning election supplies to the Rockwall County Election Administrator's office located at 915 Whitmore Dr. Suite D, Rockwall, Texas. Compensation for this pickup and delivery of supplies will be $25.00. 4. The EA shall compensate each election judge, alternate judge, clerk and interpreter. Each election judge and interpreter shall receive $12.00 per hour for services rendered. Each alternate judge and clerk shall receive $10.00 per hour for services rendered. 1 B. The EA shall procure, prepare, and distribute voting machines, election kits and election supplies. 1. The EA 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 EA shall secure all tables, chairs, and legal documentation required to run the Tabulation Room. 3. The EA 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. 4. The EA shall procure and arrange for the distribution of all election equipment and supplies required to hold an election. Equipment includes the rental of ES&S, ES&S Ivotronic ADA voting machines, ADA headphones, transfer cases, voting signs and supply bags. 5. The EA shall take reasonable measures to ensure that the voting systems and election equipment are in working order and comply with applicable laws and regulations. C. The EA shall be appointed as the Early Voting Clerk by the City. 1. The EA 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 City's June 13, 2015, Special Runoff 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 Rockwall County Elections Administrator's office located at 915 Whitmore Dr. Suite D, Rockwall, Texas 75087. (a) Applications for mail ballots erroneously mailed to the City shall immediately be faxed to the EA for timely processing. The original application shall then be forwarded to the EA 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 EA. The Board shall meet for preparation of the 2 early voting ballots at a time agreed to between the EA and the Early Voting Ballot Board Judge. D. The EA shall arrange for the use of all election day polling places. The City shall assume the responsibility of incurring and absorbing the cost of its employees required to provide access, security and/or custodial services for the election day polling places listed in Exhibit "B", attached and incorporated by reference into this contract. E. The EA shall be responsible for establishing and operating the Tabulation Room to receive the ES&S Ivotronic Flashcards. 1. The EA shall prepare, test and run the County's Tabulation System in accordance with the statutory requirements. 2. The Public Logic and Accuracy Test of the electronic voting system shall be conducted by the EA and notice of the date shall be posted in local newspapers. 3. The EA shall cause to be published in the local newspapers all required notices including, early voting locations, election day voting locations, and tabulation testing. 4. Election night reports will be available to the City after tabulation is completed. Provisional ballots will be tabulated after election night in accordance with the law. 5. The EA shall prepare the unofficial canvass report after all precincts have been counted, and will provide a copy of the unofficial canvass to the City as soon as possible after all returns have been tallied. 6. The EA shall conduct a manual count as prescribed by Section 127.201 of the Texas Election Code and submit a written report to the City in a timely manner. Unless waived by the Secretary of State, if applicable, a written report shall be submitted to the Secretary of State as required by Section 127.201(e) of the aforementioned code. F. The EA shall be appointed to serve as the Central Counting Station Manager and Tabulation Supervisor by the City. II. PRINCIPAL DUTIES AND SERVICES OF THE CITY. The City shall assume the following responsibilities: A. The City shall prepare the election orders, resolutions, notices, official canvass and other pertinent documents for adoption by the appropriate office or body. B. The City shall provide the EA with an updated map and street index of its jurisdictions in an electronic or printed format as soon as possible. 3 C. The City shall design and provide the EA with the ballot layout and Spanish interpretation in an electronic format. 1. The City shall deliver to the EA as soon as possible the official wording of the ballot for the City's June 13, 2015, Special Runoff Election. 2. The City shall approve the ballot format prior to the final printing. D. The City shall cause to be published in the local newspapers the required Notices of election, early voting & election day voting locations. E. The City and the EA shall determine the number of ballots to be purchased. F. The City shall compensate the EA for any additional verified cost incurred in the process of running this election or for a manual count of this election, if required, consistent with charges and rates shown on Exhibit "C" for required services. These costs will be invoiced for reimbursement. G. The City shall reimburse Rockwall County for its portion of the printing costs of any and all related materials for ballots, early voting, election day voting, election kits, and ES&S ADA Ivotronic voting machines. H. The City shall reimburse Rockwall County for its portion of the rental of all electronic voting equipment, including ADA Ivotronic voting machines, compliance headphones, PEBs, flash cards, and any other equipment required to complete the counting of votes. I. The City shall reimburse the EA for an administrative fee not to exceed ten percent (10%) of the City's portion of the total cost of the election. J. The City shall deposit its share of the election costs as set forth on Exhibit "C". The check is to be made payable to Rockwall County and delivered to the EA. The final costs of the election along with the ten percent (10%) administration fee will be prepared on a format similar to Exhibit "C" and the invoice along with any supporting documentation shall be delivered by the EA. The invoice is due and payable 30 days after receipt by the City. K. The City, in the event of a contested election, agrees to provide competent legal counsel and representation for the EA and staff, covering any and all legal fees and costs as a result of this elections process. L. The City, in the event of a recount, agrees to reimburse any expenses incurred by the EA's office not covered by the charges assessed to the person requesting the recount. This would include, but not be limited to the compensation costs of any Rockwall County Election personnel required to work beyond regular office hours in order to conduct said recount of this election. M. The EA shall be the custodian of the voted ballots and shall retain all election materials for a period of 6 months. III. COST OF SERVICES. See Exhibit "C." 4 A. The City shall pay for the expense of conducting early voting and election day voting for voters who reside within the City but do not reside in the boundaries of Rockwall County. IV. GENERAL PROVISIONS. A. To the extent permitted by law, the City agrees to save and hold harmless the EA from any and all claims arising out of the failure or omission of the City to perform its obligations under this contract. B. To the extent permitted by law, the EA agrees to save and hold harmless the City from any all claims arising out of the failure or omission of the County and the EA to perform their obligations under this contract. C. Nothing contained in this agreement shall constitute a waiver of immunity from tort liability by either party or an agreement to assume any liability of one party for which the other party would be entitled to claim immunity. D. 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's June 13, 2015 Special Runoff 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. E. Upon request, the EA shall provide copies of all invoices, cost reports and other charges incurred in the process of running said election for the City. F. The EA shall file copies of this contract with the County Auditor and the County Treasurer of Rockwall County, Texas. G. If the City cancels their election pursuant to Section 2.053 of the Texas Election Code, the EA shall be paid a contract preparation fee of $75.00. The City will not be liable for any further costs incurred by the EA in conducting the June 13, 2015 Special Runoff Election. H. This Agreement contains the entire agreement of the parties to the rights herein granted and the obligations herein assumed and supersedes all prior agreements, including prior election services contracts relating to each Entity's June 2015 election. Any prior agreements, promises, negotiations, or representations not expressly contained in this Agreement are of no force and effect. Any oral representations or modifications concerning this agree- ment shall be of no force or effect, excepting a subsequent modification inwriting as provided herein. I. Should any party of this Agreement conflict with any state or federal law or regulation, the law or regulation shall prevail. Further, the invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. J. Except as otherwise provided, this Agreement may not be amended, modified Or changed in any respect whatsoever, except by a further Agreement in writing, duly executed by the parties hereto. No official,representative, agent or employee of any Participating Entity has any authority to modify this 5 Agreement except pursuant to such expressed authorization as may be granted by the governing body of the respective Participating Entity. This Agreement may be executed in multiple counterparts, all of which shall be deemed originals and with the same effect as if all parties hereto had signed the same document. All of such counterparts shall be construed together and shall constitute one and the same Agreement. WITNESS BY MY HAND THIS 20TH DAY OF May, 2015. Christopher J. Lynch, Elections Administrator Rockwall County, Texas Eric Hogue, Mayor City of Wylie ATTEST: Carole Ehrlich, City Secretary 6 EXHIBIT "A" EARLY VOTING LOCATIONS & HOURS FOR SPECIAL RUNOFF ELECTION (votacion anticipada horarios y ubicaciones eleccion especial escorrientia) June 13, 2015 (13 de jun de 2015) WYLIE WYLIE MUNICIPAL COMPLEX WYLIE (LIBRARY) (complejo municipal de wylie — biblioteca) 300 COUNTRY CLUB RD., BLDG 300 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY (Domingo) (Lunes) Wailes) (Miercoles) (Jueves) (Viernes) (Sabado) N/A JUNE 1 JUNE 2 JUNE 3 JUNE 4 JUNE 5 JUNE 6 8am—5pm 8am—5pm 8am—5pm 8am—5pm 8am—5pm 8am—5pm Early Voting Early Voting Early Voting Early Voting Early Voting Early Voting JUNE 7 JUNE 8 JUNE 9 JUNE 10 JUNE 11 JUNE 12 JUNE 13 N/A 7am—7pm* 7am—7pm* N/A N/A N/A ELECTION Early Voting Early Voting DAY lam—7pm *Extended hours on Monday, June 8 and Tuesday, June 9, 2015 7 EXHIBIT "B" ELECTION DAY VOTING LOCATIONS & HOURS FOR SPECIAL RUNOFF ELECTION (lugares de votacion de dia de la eleccion para eleccion especial escorrientia) June 13, 2015 (13 de jun de 2015) 7:00 a.m. — 7:00 p.m. POLLING PLACE LOCATION & CITY lu ar de votacion) Cudad c g ADDRESS � i ) ()ugar y direction) Wylie First Baptist Church Wylie Events Center 200 North Ballard Avenue Wylie Southfork Mobile Home Wylie 216 Southfork Blvd. 8 EXHIBIT "C" Cost of Services - Wylie Voters Only 1111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 Quantity Unit Costs Subtotal Costs Extended Costs Non-Refundable Contract Preparation 75.00 (Payable only if Contract is Canceled) Direct Costs Ballots 150 0.30 45.00 45.00 Shipping(Ballots only) 150 5.00 5.00 Sample Ballots 50 0.30 15.00 15.00 Early Voting Election Kits 1 40.00 40.00 40.00 Election Day Kits 2 40.00 80.00 40.00 Supply Costs[Based upon#voting places] 2 15.00 30.00 30.00 Voting Signs 16 1.00 16.00 16.00 Equipment Rental Early Voting DRE Machine 4 250.00 1,000.00 1,000.00 Election Day DRE Machine 3 250.00 750.00 750.00 Equipment Delivery Fee/Truck Rental(including gas) 1 50.00 50.00 50.00 L&A Machine Testing 7 20.00 140.00 140.00 Judges Pickup/Delivery Fees 2 25.00 50.00 50.00 Notices Notice of Tabulation Testing 1 50.00 50.00 50.00 Com.ensation of Judges&Clerks- Early Voting Workers 2,000.00 2,000.00 Election Day Workers 600.00 600.00 Com.ensation of Coun Em.lo ees= Staff Overtime for Early&Election Day Voting 250.00 250.00 Process Election Workers'Checks 25.00 25.00 Tabulation of Ballots 75.00 75.00 Programming Electronic Voting Machines 2,000.00 2,000.00 Subtotal of Direct Costs 7,176.00 Administration Fee[10%calculated on final billing] Total Contract Costs 7,176.00 Number of participating entities 1 50%Due from Each Entity 45 days before election 3,588.00 111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 ** The compensation of election judges and clerks will be adjusted on the final billing to reflect actual costs paid after all timesheets have been tabulated and paid. Where applicable,compensation includes payroll appendages. *** County employees will be paid in accordance with County policies regarding overtime. Hours worked in excess of 40 during a week are paid at 1.5 times each employee's hourly rate. Compensation includes payroll appendages. A 10%Administration Fee will be added to the total amount of the contract. This fee will be determined based upon final actual costs and included on the final invoice. 9 Wylie City Council UTY OF WYLIE AGENDA REPORT Meeting Date: May 20, 2015 Item Number: 2. Department: City Secretary (City Secretary's Use Only) Prepared By: Account Code: Date Prepared: May 3, 2015 Budgeted Amount: Exhibits: Resolution No. 2006-17(R) Subject Consider, and act upon, the appointment of a 2015 Board and Commissions City Council Interview Panel to conduct the May/June 2015 board applicant interviews. Recommendation Motion to appoint, , , and to serve on the 2015 Boards and Commissions City Council Interview Panel. Discussion Each year the City Secretary's Office solicits and compiles applications from Wylie residents wishing to serve on various Wylie Boards and Commissions. These applications are received through the year until mid-May of each calendar year. Additionally, in May/June of each year, the applications are compiled into appointment timeframes to allow the three council member panel time to interview each applicant and subsequently choose a list of applicants to recommend to the full Council to serve two year terms on the various boards. The terms are staggered so each year approximately half of the members serving on each board and commission are appointed. Pursuant to Resolution No. 2006-17(R) approved in 2006, the procedures for the interview process, allows council members, not serving on the panel, an opportunity to address questions and concerns to the panel to be asked of the applicants. The rules and procedures in Resolution 2006-17(R) comply with the Texas Open Meetings Act. The Resolution is attached for your review. Proposed interview meeting dates will be Wednesday May 27th and Thursday, May 28, 2015, and an alternate (if needed) of Monday, June 1, 2015 from 5:30 p.m. - 8:30 p.m. each night. Immediately following the final night interviews, the panel will deliberate on recommendations to be submitted to council at the June 9, 2015 City Council meeting. This timeline for approval by June 9th will allow time for each member to be sworn in at the June 23rd council meeting and begin their terms on July 1, 2015. All Council members will receive the scheduled appointment list and all applications submitted prior to the interview process. Board of Ethics applicants will be interviewed by the full Council per Ordinance No. 2014-19 at a special called meeting, and will be sworn in on June 23ra Page 1 of 1 RESOLUTION NO. 2006-17(R) A RESOLUTION OF THE CITY OF WYLIE, TEXAS ADOPTING PROCEDURES FOR THE WYLIE BOARDS AND COMMISSION INTERVIEW PROCESS AND THE APPOINTMENT OF THE 2006-07 BOARDS AND COMMISSION INTERVIEW PANEL. WHEREAS,the City of Wylie has nine boards and commissions comprised of a total of 54 members serving staggered two year terms; and WHEREAS, each year the City of Wylie receives applications from residents for consideration of appointment to City of Wylie Boards and Commissions; and WHEREAS, applicants for the board and commission members are interviewed by a Selection Panel consisting of three council members; and WHEREAS, it has been deemed that guidelines be set for the Selection Panel, the application process, the interview process, and the appointment process of the City of Wylie Boards and Commissions. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE: SECTION 1: That the City Council of the City of Wylie will appoint a three (3) member Selection Panel each year comprised of three(3) Council Members. SECTION 2: That applications and scheduling of applicants to be interviewed by the Selection Panel will be completed by the City Secretary and provided to the City Council. SECTION 3: That the interview process will be held in the City of Wylie Council Chambers and notifications of the interview dates will be posted for the public to attend. SECTION 4: That City Council can provide a series of questions to the Selection Panel for the applicants to address during their interview. SECTION 5: Recommendations by the Selection Panel will be made in open session and the recommendations will be presented to Council for discussion and approval. Resolution No.2006-17(R) Boards and Commission Interview Process DULY PASSED AND APPROVED by the Wylie City Council on this 23rd day of May 2006. John ondy, ayor ATTEST: .0011111111,4. • t--'v5 d,4 A, = s S E AS Caro e Ehrlich, ecretary - • • • Resolution No.2006-17(R) Boards and Commission Interview Process Wylie City Council CITY F OF AGENDA REPORT Meeting Date: May 20, 2015 Item Number: 3. Department: City Manager (City Secretary's Use Only) Prepared By: City Secretary Account Code: Date Prepared: May 3, 2015 Budgeted Amount: Exhibits: Ordinance No. 2005-55 Subject Consider, and act upon, the appointment of a committee member to the City of Wylie City Council Subcommittee to represent the City of Wylie in meetings with the Wylie Independent School District City/Schools Partnerships Committee. Recommendation Motion to appoint, and to the City of Wylie City Council Subcommittee to represent the City of Wylie in meetings with the Wylie Independent School District City/Schools Partnerships Committee. Discussion In 2005, the Wylie Independent School Board formed an advisory standing committee called City/School Partnerships. The committee consists of three (3) WISD Board of Trustee members and three City of Wylie Council members. The purpose of the committee is focused on discussing existing and new partnerships between the Wylie Independent School District and the City of Wylie. Pursuant to Ordinance No. 2005-55, the Subcommittee shall consist of three members, to be appointed by the Wylie City Council for the remainder of the term that said member serves on the council or until said member resigns from the Subcommittee, whichever occurs first. If a replacement has not been appointed by the City Council upon the expiration of a member's term (of office), that member shall not continue his/her membership until replaced. Current members serving on the sub-committee are: WISD Trustee members: Tom Westhora-Chairperson, Barbara Goss-Trustee, and Mitch Herzog-Trustee. Current City Council members are: Mayor Eric Hogue, Councilman Keith Stephens and Councilman Nathan Scott. Also in attendance are: WISD Committee facilitator David Vinson and City of Wylie facilitator City Manager Mindy Manson. Nathan Scott's term has expired with his election term to the Wylie City Council and therefore the sub- committee position must be appointed to fill the expired term. Staff is requesting this position on the subcommittee be filled by the appointment of another council member to serve in this capacity. Page 1 of 1 ORDINANCE NO. 2005-55 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, CREATING, ESTABLISHING AND APPOINTING THE CITY COUNCIL SUBCOMMITTEE FOR WISD RELATIONS; PRESCRIBING THE PURPOSE, COMPOSITION, FUNCTION, DUTIES, AND TENURE OF EACH SUBCOMMITTEE MEMBER; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council"), has investigated and determined that it will be advantageous and beneficial to the City of Wylie, Texas ("Wylie") and its citizens to create a City Council Subcommittee for WISD Relations, as set forth below; and WHEREAS, the City Council desires to prescribe the purpose, composition, function and duties of said Subcommittee; and WHEREAS, the Board of Trustees of the Wylie Independent School District ("WISD") has established a similar subcommittee of its members to work with the City's subcommittee ("WISD Subcommittee"); and WHEREAS, the City Council desires to appoint members to the Subcommittee and prescribe the duties and tenure for said members. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Establishment of Subcommittee. A. There is hereby created the City Council Subcommittee for WISD Relations (the "Subcommittee") of the City Council, and such Subcommittee shall meet with WISD representatives to work on maintaining and recommending partnerships between the City and WISD and to further a positive working relationship between the City and the WISD, and any other such functions as the City Council may direct in writing. It shall function according to the laws of the State of Texas and the provisions of this Ordinance. The Subcommittee shall serve in an advisory capacity to the City Council. B. The Subcommittee shall consist of three members, to be appointed by the City Council for the remainder of the term that said member serves on the City Council, Page 1 Ordinance No. 2005-55 Subcommittee for WISD Relations or until said member resigns from the Subcommittee, whichever occurs first. If a replacement has not been appointed by the City Council upon the expiration of a member's term, that member shall not continue his membership until replaced. C. When vacancies occur on the Subcommittee, the City Council shall appoint, by majority vote, a replacement to serve the remainder of that term. D. Each Subcommittee Member shall serve at the pleasure of the City Council and may be removed at the discretion of said Council. F. Each Subcommittee Member shall serve without compensation, but may be reimbursed for actual expenses approved in advance by the City Council. G. The Subcommittee shall keep and maintain minutes of any and all proceedings held and shall submit a written or make an oral report of such proceedings to the City Council not more than three (3) weeks following each such meeting. SECTION 3: Officers. The Subcommittee shall have a Chair and Vice-Chair whose terms shall be one (1) year. The Chair and Vice-Chair shall be elected by the members of the Subcommittee. The Chairperson shall preside over meetings. The Vice-Chair shall assist the Chair in directing the affairs of the Subcommittee. In the absence of the Chair, the Vice-Chair shall assume all duties of the Chair. SECTION 4: Duties and Responsibilities. The Subcommittee shall have the following duties and responsibilities: a. Advise and make recommendations to the City Council on matters relating to the City's relationship with WISD and on ways to maintain and develop partnerships with WISD. b. Attend meetings with the WISD Subcommittee and other designated WISD representatives. c. Any other duties requested in writing to be performed by the City Council that are consistent with the purposes of forming the Subcommittee. Page 2 Ordinance No. 2005-55 Subcommittee for WISD Relations SECTION 5: Power to Obligate and Finance. The Subcommittee shall have no power to obligate Wylie in any manner whatsoever. The Subcommittee's finances shall be handled in the same manner as any division of the City Government. SECTION 6: The City Manager shall act as facilitator to the City Council Subcommittee for WISD Relations. SECTION 7: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 9: Effective Date. This Ordinance shall become effective immediately upon its passage and execution. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas on this 25th day of October, 2005. JOHN MONDY, Mayor ATTEST: CAROLE EHRLICH, City Secretary Date to be published in The Wylie News— November 2, 2005 Page 3 Ordinance No. 2005-55 Subcommittee for WISD Relations