HomeMy WebLinkAboutORD 2014-57 - Nov 4, 2014 Sales Tax Electionlm1 i 9 . IrrtAl
a Special Election to be Held on November 4, 2014, for the Purpose I-
e Voter Response to the Proposition of "The Reauthorization of the
Local Sales and Use Tax in the City Of Georgetown, Texas, at the Rate of
One -Fourth of One Percent to Continue Providing Revenue for Maintenance
and Repair of Municipal Streets;" Providing for the City to Contract with
the Williamson County Elections Administrator to Conduct Said Election;
MakinLy Other Provisions Relating to the Election; and Providing an
Effective Date.
WHEREAS, Chapter 327 of the Texas Tax Code allows a municipality to call an election on the
proposition of whether to adopt a sales and use tax to generate revenue to be used only to maintain and
repair municipal streets; and
WHEREAS, per Ordinance No. 2002-56, the City Council ordered a Special Election to adopt a
Local Sales and Use Tax in the City of Georgetown at the rate of one-fourth of one percent to provide
revenue for maintenance and repair of municipal streets; and,
WHEREAS, pursuant to an election called by the City Council, on November 5, 2002, the
citizens of Georgetown approved, by a majority vote, a proposition stating that the sales and use tax
should be increased by one-quarter of one percent to support street maintenance as authorized by Chapter
327 of the Texas Tax Code; and,
WHEREAS, Section 327,007 of the Texas Tax Code provides that, unless reauthorized, the sales
and use tax expires on the fourth anniversary of the date the tax originally took effect or on the first day of
the first calendar quarter occurring after the fourth anniversary of the date the tax was last reauthorized;
and
WHEREAS, the City Council of the City of Georgetown, Texas hereby finds and determines that
an election should be held to determine whether the Council shall be reauthorized to levy and collect city
sales and use tax by one-quarter (1/4) of one percent for the maintenance and repair of existing municipal
streets.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS THAT:
The facts and recitations contained in the preamble of this ordinance are hereby found and
declared to be true and correct, and are incorporated by reference herein and expressly made apart hereof,
as if copied verbatim.
Special Election Ordinance No. —10tq
Reauthorization of Sales and Use Tax for Street Maintenance
Page 1 of 4
ki or" y rsli"'FA
The City Council has found that this action is not in conflict with the Georgetown 2030 Plan.
By approval of this ordinance, the City Council appoints the Williamson County Elections
Administrator as the Elections Officer to conduct the City of Georgetown Special Election in conjunction
with the November 4, 2014; State and County General Election. This appointment includes services as
Early Voting Clerk for the Election and coordination with the Counting Station Manager, Presiding Judge
of the Central Counting Station and Tabulation Supervisor and other election officers approved by the
Commissioners Court. In addition and in accordance with Chapter 66 and Chapter 31 of the Texas
Election Code, the City Council hereby appoints Williamson County Elections Administrator Jason
Barnett as agent for the Custodian of Records for the November 4, 2014 Special Election for the purpose
of preserving voted ballots and other election records as required by the Texas Election Code. A copy of
the Joint Election Agreement and Contract for Election Services is attached hereto as Exhibit "A". Notice
of Special Election shall be made as required by law.
The Williamson County Voter Registrar is hereby appointed as Clerk for Early Voting. Early
voting by personal appearance shall take place at the times and locations as indicated by the Williamson
County Elections Administrator.
Applications for ballot by mail shall be mailed to:
Williamson County Elections Administrator
P. O. Box 209
Georgetown, Texas 78627-0209
Election Day voting will be held fi-om 7:00 a.m. to 7:00 p.m. at the locations designated by the
Williamson County Elections Administrator.
A. The Election Judges shall be the same as are appointed by the Commissioners Court. Each of
the respective presiding judges is hereby authorized to appoint the necessary election clerks
to assist in conducting the election. However, if the Presiding Judge appointed actually
serves, the Alternate Presiding Judge shall serve as one of the clerks. In the absence of the
Presiding Judge named above, the Alternate Presiding Judge shall perform the duties of the
Presiding Judge.
B. The early voting ballot board consists of the Presiding Judge and Alternate Judge as are
appointed by the Commissioners Court.
Special Election Ordinance No. '2 014
Reauthorizationof Sales and Use Tax for Street Maintenance
Page 2 of 4
Pursuant to Chapter 327 of the Texas Tax Code, this election shall be held to determine citizen
approval of the reauthorization of the one-quarter of one percent increase in sales and use tax to be used
only for maintenance of the City's existing streets.
The official ballots for the election shall be prepared in accordance with the Texas Election Code
so as to permit the electors to vote "FOR" or "AGAINST" the following PROPOSITION, with the ballots
to contain such provisions, markings, and language as required by law, and with such PROPOSITION to
be expressed as follows:
'IN 9 01OF-1119M DKILIP I Z 0 1
In[@] MOM I kL tot
Voting shall be conducted with optical scan ballots prepared in conformity with the Texas
Election Code. The City may also utilize a central counting station as provided by Section 127.000 et
seq., as amended, Texas Election Code, and the Williamson County Voter Registrar is designated the
manager of such station.
61 Brow M 1610&=
The Williamson County Voter Registrar shall conduct an unofficial tabulation of results after the
closing of the polls of the Special Election on November 4, 2014. The official canvass and tabulation of
the results of the Special Election shall be conducted by the City Council at a Regular or Special Council
Meeting between November 12, 2014 and November 18, 2014, as required by Section 67.003 of the
Texas Election Code.
The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This
ordinance shall become effective and be in full force and effect in accordance with the provisions of the
Charter of the City of Georgetown.
- . a
ATTEST: THE CITY OF GEORGETOWN
By:
Dale Ross, Mayor
Spe'"i I Election Ordinance No. r 1A.L57—
_ I—
Reauthorization of Sales and Use Tax for Street Maintenance
Page 3 of 4
APPROVED AS TO
AA-
ridget Ihapmak 0
City Attorney
WRIMMI
Exhibit A Joint Election Agreement and Contract for Election Services
Special Election Ordinance No.
Reauthorization of Sales and Use Tax for Street Maintenance
Page 4 of 4
7107 t�'T Y
THIS Joint Election Agreement and Contract for Election Services ("Contract") is made by and between the
Williamson County Elections Administrator ("Elections Administrator") and the following political subdivisions
("Participating Authority" or "Participating Authorities") located entirely or partially inside the boundaries of Williamson
County, The complete list of Participating Authorities Will be available after the final day to cancel an election as
prescribed by the Secretary of State's election calendar and will be listed as Attachment A.
connected with joint elections, in accordance with the applicable provisions of Chapters 31 and 271 of the Texas Election
Code, as amended, and
NOW THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the parties, IT 13
AGREED, as follows*
The Participating Authorities agree to hold a "Joint Election" with Williamson County, if applicable, and each other
in accordance with Chapter 271 of the Texas Election Code and this Contract. The Elections Administrator shall
coordinate, supervise, and handle all aspects of administering the Joint Election as provided in this Contract. Each
Participating Authority agrees to pay the Elections Admtrator for equipment, programming, election personnel,
supplies, services, and administrative costs as provided in this Contract. The Elections Administrator shall serve as the
Election Officer for the Joint Election; however, each Participating Authority shall remain responsible for the decisions and
actions of its officers necessary for the lawful conduct of its election. The Elections Administrator shall provide advisory
services in connection with decisions to be made and actions to be taken by the officers of each Participating Authority as
necessary.
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Each Participating Authority shall be responsible r the preparation, adoption, and publication o all required
election orders, resolutions, notices, and any other pertinent documents required by the Texas Election Code and/or the
Participating Authority's governing body, charter, or ordinances, except that the Elections Administrator shall be
responsible for the preparation and publication of all voting equipment testing notices that are required by the Texas
Election Code. Election orders should include language that would not necessitate amending the order if any of the Early
Voting and/or Election Day polling places change.
Preparation of the necessary materials for notices and the official ballot shall be the responsibility of each
Participating Authority, including providing the text in English and Spanish. Each Participating Authority shall provide a
copy of their respective election orders and notices to the Elections Administrator.
The Elections Administrator shall select and arrange for the use of and payment for all Election Day voting
locations. Voting locations shall be compliant with the accessibility requirements established by Election Code Section
43.034 and the Americans with Disabilities Act (ADA).The proposed Election Day voting locations are listed in
Attachment B of this Contract and may be amended. In the event a voting location is not available or appropriate, the
Elections Administrator will arrange for use of an alternate location. The Elections Administrator shall notify the
Participating Authorities of any changes from the locations listed in Attachment B.
If polling places for the November 4, 2014 joint election are different from the polling place(s) used by a
Participating Authority in its most recent election, the authority agrees to post a notice no later than November 4, 2014 at
the entrance to any previous polling places in the jurisdiction stating that the polling location has changed and stating the
Participating Authority polling place names and addresses in effect for the November 4, 2014 election. This notice shall
be written in both the English and Spanish languages.
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The Elections Administrator will take the necessary steps to insure that all election judges appointed for the Joint
Election are eligible to serve and meet the eligibility requirements in Subchapter C of Chapter 32 of the Texas Election
Code and meet any requirements to serve as an Election Worker set forth by the Williamson County Commissioners
Court.
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clerks the presiding judge may appoint.
Rev. 06.25.2014 November 4, 2014
Each election judge and clerk will receive compensation at the hourly rate established by Williamson County
pursuant to Texas Election Code Section 32.091. The election judge, or his designee, will receive an additional sum of
$25.00 for picking up the election supplies prior to Election Day and for returning the supplies and equipment to the
central counting station after the polls close.
Early Voting — Early Voting Supervisor ($12 an hour), Clerks ( 10 an hour)
Early Voting — EV Mobile Team: Supervisor ($14 an hour), Clerks ($12 an hour)
Election judges and clerks who attend voting equipment and procedures training shall be compensated at the
hourly rates listed above. Election poll workers will be paid a flat fee of $25.00, one time annually (per calendar year) for
100% completion of the Williamson County online poll worker training program.
accordance with Election Code Sections 87.005, 127.004, and 127.006.
In accordance with Sec. 31.098 of the Texas Election Code, the Elections Administrator is authorized to contract
with third persons for election services and supplies. The actual cost of such third -person services and supplies will be
paid by the Elections Administrator and reimbursed by the Participating Authorities.
The Elections Administrator shall arrange for all election supplies and voting equipment including, but not limited
to, Williamson County's electronic voting system and equipment, official ballots, sample ballots, voter registration lists, and
all forms, signs� maps and other materials used by the election judges at the voting locations. The Elections Administrator
shall ensure availability of tables and chairs at each polling place and shall procure rented tables and chairs for those
polling places that do not have a sufficient number of tables and/or chairs. The Elections Administrator shall be
responsible for conducting all required testing of the electronic equipment, as required by Chapters 127 and 129 of the
Texas Election Code.
one ballot style to �onduct a proper election.
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requirea Yo suDma in-rormation In U 1011TIat 0 r wlv
responsible for proofreading and approving the ballot insofar as it pertains to that authority's candidates and/or
Each Participating Authority shall also be responsible for proofing and approving the audio recording of the
ballot insofar as it pertains to that authority's candidates and/or propositions.
Rev. 06.25.2014 November 4, 2014
In the event a Participating Authority identifies an error after approval of their respective ballot(s) proof(s), and any
programming and/or audio files require changes, the Participating Authority approving the original ballot and audio proof
will be responsible for the full cost of reprogramming if required. This will include the cost of reprogramming ballot
language and/or audio files for other Participating Authorities as necessary due to software limitations.
Early Voting by Personal Appearance and/or the use of Vote Centers, Texas Elecfibn Code Section 43.007, on
wav*rl Mj#J§�a*i Provisional ballots
will be cast on paper ballots.
The Elections Administrator shall be responsible for the programming, preparation, testing, and delivery of th(.'
voting system equipment for the election as required by the Election Code.
The Elections Administrator shall conduct criminal background checks on the relevant employees upon hiring as
required by Election Code 129.051 (g).
early voting cierKS wno are permanent employees OT inef-IMAM-M
election services contract fund for contractual duties performed outside of normal business hours (Sec. 31.1 00(e), Texas
Election Code).
Early Voting by personal appearance will be held at the locations, dates, and times listed in Attachment C of this
document and may be amended. In the event a voting location is not available or appropriate, the Elections Administrator
will arrange for use of an alternate location, The Elections Administrator shall notify the Participating Authorities of any
changes from the locations listed in Attachment C. Any qualified voter of the Joint Election may vote early by personal
appearance at any one of the joint early voting locations.
As Early Voting Clerk, the Elections Administrator shall receive applications for early voting ballots to be voted by
mail in accordance with Chapters 31 and 86 of the Texas Election Code. Any requests for early voting ballots to be voted
by mail received by the Participating Authorities shall be forwarded immediately by fax or courier to the Elections
Administrator for processing. The address of the Early Voting Clerk is as follows
Williamson County Elections
PO Box 209
Georgetown, TX 78627
The Elections Administrator shall post on the Williamson County Elections webpage, the early voting turnout by
early voting polling location by day and a cumulative final early voting turnout report followinq the close of early voting.
The daily report will show the previous day's early voting activity and will be posted to the V\Tilliamson County Elections
webpage no later than 10:00 a.m. each business day.
VII. EARLY VOTING BALLOT BOARD
Williamson County shall appoint an Early Voting Ballot Board (EVBB) to process early voting results from the
Joint Election. The Presiding Judge, with the assistance of the Elections Administrator, shall appoint two or more
Rev. 06.25.2014 November 4, 2014
additional members to constitute the EVBB. The Elections Administrator shall determine the number of EVBB members
required to efficiently process the early voting ballots.
ElectionVill. CENTRAL COUNTING STATION AND ELECTION RETURNS
The Elections Administrator shall be responsible for establishing and operating the central counting station to
receive and tabulate the voted ballots in accordance With the provisions of the Texas Ele�tion Code and of this Contract.
The Participating Authorities hereby, in accordance with Section 127.002, 127.003, and 127.005 of the Texas
ill` appoint the following central counting station officials,
Counting Station Manager:r •n County ElectionsAdministrator
Tabulation Sp •r.. Candi Zaccheus,Williamson CountyAnalyst
Presiding i a•.': Kay Eastes, WilliamsonDeputy i.. Administrator
Alternate Judge, Julie Seippel, Williamson County Voter Registration Supervisor
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•. releasing unoTTIcial cumuiative foTais•: preulnuf MIMS HOM1• i um-yellu PaFEKAPUHL5, UdI1111d1c5ii
and general public by distribution of hard copies at the central counting station and by posting to the Williamson County
Elections "••.e' To ensurethe of reported election pdrited on the tapesproduced i s
Williamson County's voting equipment will not be released to the Participating Authorities at any individual polling
locations.
ElectionThe Elections Administrator will prepare the unofficial canvass reports that are necessary for compliance with
•i' Section 67.004, after all precincts have been e -e and will deliver a copyof ' unofficial canvassto
each Participating Authority as soon as possible after all returns have been tabulated. Each Participating Authority shall
be responsible for the official canvass of its respective election(s), The official canvass of election shall not take place
before Novemberand no later than • f^ s
reportsThe Elections Administrator will prepare the electronic precinct -by -precinct results reports for uploading to the
Secretary of State as required by Section 67.017 of the Election Code. Each Participating Authority agrees to upload
these -• -x otherwise.
SectionThe Elections Administrator shall be responsible for conducting the post-election manual recount required by
i of - • a•' unless a waiver is granted by - Secretary of a • and copies
AUTHORITIESof the recount, if waiver is denied, will be provided to each Participating Authority and the Secretary of State's office,
IX PARTICIPATING #' OUTSIDE #COUNTY
Williamson iunty Elections will consider• • • elections in t'. • outside o '. +.. ! County on «:
case-by-casebasis.
Each Participating Authority shall have the option of extending the terms of this Contract through its runotY
election, if applicable. In the event of such runoff election, the terms of this Contract shall automatically extend unless the
Participating Authority notifies the Elections Administrator in writing within 3 business days of the original election.
Each Participating Authority shall reserve the right to reduce the number of early voting locations and/or Election
Day voting locations in a runoff election. If necessary, any voting changes made y a a ic pat ng ut or y etween e
original election and the runoff election shall be submitted by the authority making the change to the United States
Department of Justice for the preclearance required by the Federal Voting Rights Act of 1965, as amended.
Rev. 06.25.2014 November 4, 2014
Each Participating Authority agrees to order any runoff election(s) at its meeting for canvassing the votes from the
November 4, 2014 election and to conduct its drawing for ballot positions at or immediately following such meeting in
order to expedite preparations for its runoff election.
Each Participating Authority eligible to hold runoff elections after the November 4, 2014 Uniform Election Date
agrees that the date of the runoff election, if necessary, shall be Tuesday, December 9, 2014, with early voting being eld
in accordance with the Election C•t-
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The Participating Authority's share of voting equipment costs will be determined on a pro rata basis.
Leasing cost will be calculated once for the Early Voting period and once for Election Day. If the County
acquires additional equipment, different voting equipment, or upgrades existing equipment during the
term of this Contract, the charge for the use of the equipment may be reset by the Williamson County
Commissioners Court.
3. Administrative Fee. Each Participating Authority agrees to pay the Williamson County Elections
Administrator an administrative fee equal to ten percent (10%) of its total billable costs in accordance with
Section 31.100(d) of the Texas Election Code.
The Elections Administrator shall deposit all funds payable under this Contract into the appropriate fund(s) within
the Williamson County treasury in accordance with Election Code Section 31.100.
06.25.2014 November 4, 2014
XII. WITHDRAWAL FROM CONTRACT DUE TO CANCELLATION OF ELECTION
Any Participating Authority may withdraw from this Contract and the Joint Election should it cancel its election in
accordance with Sections 2.051 - 2.053 of the Texas Election Code.
XIII. RECORDS OF THE ELECTION
The Elections Administrator is hereby appointed general custodian of the voted ballots and all records of the Joint
Election as authorized by Section 271.010 of the Texas Election Code.
Access to the election records shall be available to each Participating Authority as well as to the public in
accordance with applicable provisions of the Texas Election Code and the Texas Public Information Act. The election
records shall be stored at the offices of the Elections Administrator or at an alternate facility used for storage of County
records. The Elections Administrator shall ensure that the records are maintained in an orderly manner so that the records
are clearly identifiable and retrievable.
Records of the election shall be retained and disposed of in accordance with the provisions of Section 6&058 of
the Texas Election Code. If records of the election are involved in any pending election contest, investigation, litigation, or
open records request, the Elections Administrator shall maintain the records until final resolution or until final judgment,
whichever is applicable.It is the responsibility of each Participating Authority to bring to the attention of the Elections
Administrator any notice of pending election contest, investigation, litigation or open records request which may be filed
with the Participating Authority.
0111M k &K#1 Z&ffl 1111 U:&11[4MWX*N 101, 1
A recount may be obtained as provided by Title 13 of the Texas Election Code. By signing this document, the
presiding officer of the contracting Participating Authority agrees that any recount shall take place at the offices of the
Elections Administrator or at a location of his choosing, and that the Elections Administrator shall serve as Recount
Supervisor and the Participating Authority's official or employee who performs the duties of a secretary under the Texas
Election Code shall serve as Recount Coordinator.
in the event of a contested election, the expenses of a new election ordered by a court of competent jurisdiction
or Participating Authority will be paid for and by the Participating Authority in accordance with Texas Election Code
221.014
The Elections Administrator agrees to provide advisory services to each Participating Authority as necessary to
conduct a proper recount.
I The Elections Administrator shall file copies of this document with the Williamson County Treasurer and
the Williamson County Auditor in accordance with Section 31.099 of the Texas Election Code
This Contract shall be construed under and in accord with the laws of the State of Texas, and all
obligations of the parties created hereunder are performable in Williamson County, Texas.
Rev. 06.25.2014 November 4, 2014
affect any other provision hereof and this Contract shall be construed as if such invalid, illegal, or
unenforceable provision had never been contained herein.
5. All parties shall comply with all applicable laws, ordinances, and codes of the State of Texas, all local
governments, and any other entities with local jurisdiction.
0. The waiver byany party of a breach ofany provision ofthis Contract shall not operate aeorbeconstrued
aoawaiver cfany subsequent breach.
7. Any amendments cfthis Contract shall beofnVeffect unless inwriting and signed byall parties hereto.
.
8. Participating Authority agrees to act in good faith in the performance ofthis agneemerd, and shall
immediately contact and notify the Elections Administrator of any potential problems or issues relevant to
the subject matter ofthis contract.
111111100 WIN 4 110; 1"",
Rev. 06.25.2014 November 4, 2014-
ATTACHMENT l
Rev. 06.25.2014 November 4, 2014
subject to change Williamson County
sujeto a carnbio Joint General and Special Elections Tuesday, November 4, 2014
Elecciones generales y especiales conjuntas 4 de noviembre del 2014
Registered voters may vote at any location listed below.
Los votantes registrados podr6n votar en cualquiera de los lugares de votaci6n listados abajo
Vntp Center Locations Locaciones de Centros de Votes
,Bethany
'Northwest
Anderson Mill Limited District
11500 El Salido Parkway
United Methodist Church J0010 Anderson Mill Rd
F
'Clairmont Retirement Community �112463 Los Indios Trail
Kelly Reeves Athletic Complex 10211 W Parmer Lane
La Quinta Inn &Suites 10701 Lakeline Mall Dr
oil
Fellowship 1113427 Pond Springs Rd
1--fgalla
BartlettTown Hall
!CEDAR PARK
HUNFrA V-qJ XXI
Cedar Park High School
Cedar Park Library
'Cedar Park Recreation Center Town Center
Estates Ind Retirefr
mert—Living
II IU III ;III"ll
-Highland
Vista Ridge High School
r «
f erceSt
iA ndice Community Center
RTM 970 Andice
FH—orence City Hall 4 10%L 'hp§ §'Patterson Ave
'GEORGETOWN
1433 Cool Springs Way
4011 Williams Dr
• 1333 W University Ave
erm na Dr
M M 17M. 603_Lakeway Dr
1101 N College St
001 S Main St - FellowshipHa-11
�R5404 Williams Dr
W
a,lCenter-
-The Caring Plaice Annex �2001 Railroad Ave
Williamson County Inner Loop Annex 01 S E Inner Loop
MIN I
114W Davilla St
•
City Hall
1401 W Front St
-Hutto
Hutto Middle School 1005 Exchange Blvd
•
Jarrell Memorial Park Comm CntrM
1651 CR 305
f IM
11300 rystal Falls Parkway
High School 1 3301 S Bagdad Rd
',Leander Public Library 10115 Bagdad Rd
i Pat Bryson Municipal Hall 201 N Brushy St
15k CRY71
subject to change Williamson County
sujeto a cam bio Joint General and Special Elections Tuesday, November 4, 2014
Elecciones generates y especiales conjuntas 4 de noviembre del 2014
LIBERTY HILL—'Liberty
Hill High School
'16500 W SH 29
*• IfCenter
W ..•d.• Ave•�
'• # '#SII
-----,i30l
�Bluebonnet Trail Community Services 1009 N Georgetown Ave
,Cedar Ridge High School
Central Texas Beauty College-
1400 N Mays St
Dell # • HeritageCenter 113400 E Palm Valley
�+ • ••
.• * ## "e
Garden inn 112310 North 11-1-35
1A MMM- I M -M
Hallie,Hilton
Jester
'Round Rock Presbyterian Church
:�
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' b #' • '.. i.
F Iq �
.# IIMat
# • ##:.
San Gabriel Rehab & Care MR
".-W, w. mul
,Sleep Inn & Suites
:Teravista Community Center
i n
Main
Street.CenterIM#
AI
'Taylor City Hall
��Mt
John Lutheran Church
n St
Joint General and special Elections - November 4, 2014
Dates and Times for Full -Time Locations-
Subject to change
Sujeto a cambia
WITNESS BY MY HAND THIS THE DAY OF — 20
11011-im 01- ins N
WITNESS By my HAND THIS THE —DAY OF — '20M
PARTICIPATING AUTHORITY:,
Name of Participating Authority:
By:
Printed Name:
Official Capacity:
Rev. 06,25.2014 November 4, 2014