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HomeMy WebLinkAbout2015 Ordinance No. 031ORDINANCE NO. 12L SERIES OF 2015 BY AUTHORITY COUNCil, BILL NO. 31 INTRODUCED BY COUNCIL MEMBER OLSON AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF ARAPAHOE COUNTY AND THE CITY OF ENGLEWOOD. COLORADO. FOR INSTALLATION OF A MAIL BALLOT DROP-OFF BOX ALONG WITH VIDEO SURVEILLANCE RECORDING SYSTEM AT ENGLEWOOD CMCCENTER. WHEREAS, the County conducts election services throughout Arapahoe County; and WHEREAS. to better serve its citizens and to implement HB 13-1303 the County desires to install additional main ballot drop-off boxes at locations throughout Arapahoe County; and WHEREAS. pursuant to 8 Colorado Code of Regulations Section 1505-1:7.5 .1, all mail ballot drop-off locations must be monitored by an election official or video security surveillance recording system; and • WHEREAS. Arapahoe County and the City of Englewood have met and discussed locating a mail ballot drop-off box along with a video surveillance recording system at one of the City's locations and mutually agreed that the County will install a mail ballot drop-off box and video security surveillance recording system at the City of Englewood Civic Center, located at I 000 Englewood Parkway, Englewood. Co 80110; and WHEREAS. Arapahoe County will provide, install and maintain the mail ballot drop-off box and video security surveillance recording system; and WHEREAS, intergovernmental agreements are authorized and encouraged by Article XN, Section 18 of the Colorado Constitution and 29-1-203 C.R.S. (2004); and WHEREAS, the Englewood Election Commission agrees that this provides an opportunity to better serve our citizens. NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT : Section 1. The City Council of the City of Englewood hereby authorizes an Intergovernmental Agreement with Arapahoe County for the installation of a mail ballot drop-off box along with video surveillance recording system at Englewood Civic Center is attached hereto as "Exhibit A ... l 9biii Section 2. The Mayor is authorized to sign said Agreement for and on behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 6th day of July, 2015. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 9th day of July, 2015. Published as a Bill for an Ordinance on the City's official website beginning on the 8th day of July, 2015 for thirty (30) days. Read by title and passed on final reading on the 20th day of July, 2015 . Published by title in the City's official newspaper as Ordinance No.~, Series of 2015, on the 23rd day of July, 2015. Published by title on the City's official website beginning on the 22nd day of July, 2015 for thirty (30) days. I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No. !2.L Series of 2015. 2 • • • • • • INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is entered into effective the __ day of _, 2015, by and between the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ARAPAHOE, a political subdivision of the State of Colorado, whose address is 5334 South Prince Street, Littleton, Colorado (the "County") and the CITY OF ENGLEWOOD, a /J()t,./r/tM f:lt~"V/~10JJ of the State of Colorado, whose address is. /t(f)/IJ~IINJI) .PA&W'~ ~(/,.IA)lg,,/P SPllp (the "City") (individually as the "Party" or together referred to as the "Parties"). WHEREAS, the County conducts election services throughout Arapahoe County; and WHEREAS, to better serve its citizens and to implement HB 13-1303 the County desires to install additional mail ballot drop-off boxes at locations throughout Arapahoe County; and WHEREAS, pursuant to 8 Colorado Code of Regulations Sec. 1505-1:7.5.l, all mail ballot drop-off locations must be monitored by an election official or video security surveillance recording system; and WHEREAS, the County and City have met and discussed locating a mail ballot drop-off box along with a video surveillance recording system at one of the City's locations and mutually agreed that the County will install a mail ballot drop-off box and video security surveillance recording system at the City of Englewood Civic Center, located at 1000 Englewood Parkway, Englewood, Colorado 80110 (the "Premises"); and WHEREAS, the County will provide, install and maintain the mail ballot drop-off box and video security surveillance recording system; and WHEREAS, intergovernmental agreements are authorized and encouraged by Article XIV, Section 18 of the Colorado Constitution and COLO. REV. STAT.§ 29-1-203 (2004). NOW, THEREFORE, the Parties hereto agree as follows: 1. Site Location. The City hereby grants to the County a revocable non-exclusive license to use, in common with other licensees and the City, a certain portion of the Premises to install and maintain a mail ballot drop-off box and video security surveillance recording system (the "License"). 2. Term and Termination. The term of this Agreement shall be effective as of the date first written above and shall run for a period of ten ( 10) years . The Agreement shall automatically renew for additional ten-year periods. This Agreement may be terminated by either Party upon forty-five (45) days written notice to the other Party. Upon termination, the County shall restore the Premises to the condition as near to original condition prior to installation . I! X .. I a I T /J 3. Description of Improvements. The County will install a mail ballot drop-off box, similar to the one pictured in Exhibit A, and a video security surveillance recording system (the "Improvements"). The video security surveillance recording system will include a video camera and a recording system, and allow for continuous recording during use of the mail ballot drop-off box. 4. Funding of Improvements. The County will fund the entire costs for obtaining, installing and maintaining the mail ballot drop-off box and video security surveillance recording system. 5. Use of Premises. A. Mail Ballot Drop-Off Box. The County is authorized to install a mail ballot drop-off box at the Premises on or by the October 1, 2015, or as soon after the execution of this Agreement. This may also include installing a cement pad to affix the box to. B. Video Security Surveillance Recording System. The County will install a video security surveillance recording system that includes a camera (2 megapixel IP or better) and a recording system. The video security surveillance recording system shall remain in place, functional and connected to a video recording system pursuant to SOS Rule 20.7.2. 6. Maintenance . A. At all times pertinent to this Agreement, the City shall, at the City's expense, maintain the Premises in good repair. B. During all times at which the mail ballot drop-off box and video security surveillance recording systems are installed and in use at the Premises, the County shall maintain such equipment in good repair. 7. Access. The County, its agents and contractors shall have the right of ingress and egress in, to, through, over, and across the Premises for any purpose necessary and at any and all times necessary or convenient to both Parties for the full enjoyment of the rights granted to it in the License granted in this Agreement. 8. Damage to Premises. The County shall be responsible for repair/replacement of City property damaged by the County pursuant to this Agreement. 9. Notices. Any notices to be provided under this Agreement shall be given in writing and either delivered by hand or deposited in the United States mail with sufficient postage to the addresses set forth below: '). • • • • • To the County: To the City: Arapahoe County Attorney 5334 S. Prince Street Littleton, CO 80120 and (send to both) Arapahoe County Department of Facilities and Fleet Management 1610 West Littleton Blvd. Littleton, CO 80120 City of Englewood I (;t()O e AJ t:i t£.l))t>on PMJ:.-N~ M6/J:N4?l>-t.o 8'/J/10 Attn: UqeR-&A: A:, E-w~, t!./rY et.lI.P/C- 10. Assignment. The Parties shall have the right and authority to assign to any appropriate local governmental entity any and all rights to use and all obligations associated with the License pursuant to written notice to the other Party . 11. Counterparts. This Agreement shall be executed in two duplicate counterparts, each of which is deemed to be an original. 12. Governing Law. The terms, covenants and provisions hereof shall be governed by and construed under the applicable laws of the State of Colorado. For the resolution of any dispute arising hereunder, venue shall be in the courts of Arapahoe County, State of Colorado . 13. Headings. All section headings are for convenience or reference only and are not intended to define or limit the scope of any provision of this Agreement. 14. Extent of Agreement. This Agreement represents the entire and integrated agreement between the County and the City and supersedes all prior negotiations, representations, or agreements, either written or verbal. Any amendments to this Agreement must be in writing and be signed by both parties. {Remainder of page intentionally left blank./ 3 ATTEST: Clerk to the Board ATTEST: Title: (! /TY lltR.)L BOARD OF COUNTY COMMISSIONERS OFTHECOUNTYOFARAPAHOE By: Chair, Board of County Commissioners (or representative authorized by resolution) CITY OF ENGLEWOOD By: Title: NA-'//)/(, 4 • • 1 • Exhibit A 5 C COUNCIL COMMUNICATION Date Agenda Item Subject July 6, 2015 9 a iii Intergovernmental Agreement with Arapahoe County for installation of a mail ballot drop-off box along with video surveillance recording system at Civic Center. INITIATED BY STAFF SOURCE Election Commission/City Clerk's Office Loucrishia A. Ellis, City Clerk/Election Commission Member COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council reviewed this proposal at their June 29, 2015 Study Session. RECOMMENDED ACTION The Election Commission recommends Council approve, by ordinance, an intergovernmental agreement between the City of Englewood and Arapahoe County for installation of a mail ballot drop-off box, along with video surveillance recording system, at the Englewood Civic Center. The Election Commission agrees that this provides an opportunity to better serve our citizens . • Staff has reviewed the proposed intergovernmental agreement and concurs with the Commission's recommendation. FINANCIAL IMPACT This action will not have a financial impact on the City of Englewood. LIST OF ATTACHMENTS Approved minutes from the June 10, 2015 Election Commission meeting Proposed bill for an ordinance • • 1. Call to order City of Englewood ELECTION COMMISSION June 10, 2015 6:30 p.m. Englewood Civic Center 1000 Englewood Parkway City Manager's Conference Room The meeting of the Englewood Election Commission was called to order by Chairperson Berger at 6:31 p.m., in the City Manager's Conference Room. 2. Roll Call Present: Absent: A quorum was present. Members Berger, Cohn, Mayer, Ellis Member Haraldsen Also present: Deputy City Clerk Washington Council Member Yates 3. Citizen Forum Council Member Yates did not wish to speak . 4. Consideration a) Charter Amendment; Special Election timeframe City Clerk Ellis explained to the Election Commission that recent initiative and recall inquiries have brought to light how problematic it would be to hold a Special Election at any time up to 45 days prior to the November election, as the Charter allows. When inquiries come in January or February, it allows the proper time to prepare for the Special Election. It can take 60 to 90 days to put an election together. City Clerk Ellis has been in discussion with Matt Crane, Clerk and Recorder for Arapahoe County. Mr. Crane is more than willing to coordinate with the City Clerk's office to hold a Special Election if needed. Trying to conduct a Special Election prior the General Election would be difficult, because from late August on the County's equipment is tied up. City Clerk Ellis recommends City Council put a Charter question on the General Election Ballot to amend the Charter§ 14 Special elections to read : "No special election shall be held within ninety forty fiye days before or forty-five days after a general municipal or state election." City Clerk Ellis is tentatively scheduled to speak to City Council on this matter on June 29 th at the Study Session . The ordinance will go on first reading July 6th , and if approved, will go on second reading on July 20th • City Clerk Ellis is also taking an IGA (Intergovernmental Agreement) to City Council, July 6th for first reading, if approved and on July 20th for second reading , for approval of the installation of a 24 hour drop off ballot box. The location of the box will be on the second floor due to parking and access issues. [Clerk's Note : Staff is currently re-evaluating the placement of the box.] The County will pay for the cameras and the box . City Clerk Ellis distributed a redacted copy of a citizen's email inquiring about the process to recall City Council members. City Clerk Ellis also distributed her response setting forth the recall process. Englewood Election Commission Page2 June 10, 2015 City Clerk Ellis reported there is an initiative petition being circulated, but nothing has been filed with the City Clerk's office yet. The deadline to file the petition is August 5th in order to place the question on the November ballot. Discussion ensued. MEMBER COHN MOVED, AND MEMBER MAYER SECONDED, TO RECOMMEND THAT CITY COUNCIL APPROVE A BILL FOR AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD, AT THE NOVEMBER 3, 2015 ELECTION, A PROPOSED AMENDMENT TO THE HOME RULE CHARTER TO ADDRESS A SPECIAL ELECTION TIMING ISSUE. Vote Results: Ayes: Nays: Absent: Motion carried. 5. Member's Choice Members Berger, Cohn, Mayer, Ellis None Member Haraldsen The Commission members had no additional comments. 6. Clerk's Choice City Clerk Ellis reminded the Election Commission about the Board and Commission Appreciation BBQ on Monday, June 22, 2015 at 6:30 p.m. at the Englewood Recreation Center. 7. Adjournment CHAIRPERSON BERGER MOVED TO ADJOURN. The meeting adjourned at 7:11 p.m . /s/ Sharon Washington Deputy City Clerk .. •