HomeMy WebLinkAbout2014 Ordinance No. 040•
ORDINANCE NO. _!IP
SERIES OF 2014
BY AUTHORITY
COUNCil.. Bil..L NO. 42
INTRODUCED BY COUNCil..
MEMBER OLSON
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN
THE BOARD OF COMMISSIONERS OF ARAPAHOE COUNTY, COLORADO, BY AND
THROUGH THE ARAPAHOE COUNTY CLERK AND RECORDER, AND THE CITY OF
ENGLEWOOD, COLORADO, TO CONDUCT A COORDINATED ELECTION ON
NOVEMBER 4, 2014.
WHEREAS, pursuant to the Uniform Election Code of 1992 (Articles 1 to 13 of Title 1,
C.R.S.) as amended, governmental entities are encouraged to cooperate and consolidate elections
in order to reduce taxpayer expenses; and
WHEREAS, the City of Englewood has participated with Arapahoe County in conducting
coordinated elections since 1993; and
WHEREAS, Arapahoe County and the City of Englewood have determined that it is in the
best interest of the taxpayers and the electors to conduct a Coordinated Election on November 4,
2014;and
WHEREAS, Arapahoe County and the City of Englewood desire to set forth their respective
responsibilities for the Coordinated Election pursuant to the Intergovernmental Agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil.. OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The Intergovernmental Agreement for Coordinated Election is attached hereto as
"Exhibit A". The Intergovernmental Agreement for Coordinated Election is hereby accepted and
approved by the Englewood City Council.
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 7th day of July, 2014.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 11 th day of
July, 2014.
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Published as a Bill for an Ordinance on the City's official website beginning on the 9th day of
July, 2014 for thirty (30) days.
Read by title and passed on final reading on the 21 st day of July, 2014.
Published by title in the City's official newspaper as Ordinance No/;zt2., Series of 2014, on
the 25th day of July, 2014.
Published by title on the City's official website beginning on the 23rd day of
July, 2014 for thirty (30) days.
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is 4 }!Ue copy of the Ordinance passed on final r · g and published by
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title as Ordinance No . ..:tI)_, Series o f 201 4 .
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INTERGOVERNMENTAL AGREEMENT
FOR GENERAL ELECTION
ARAPAHOE COUNTY
NOVEMBER 4, 2014
{Coordinated Election)
This Intergovernmental Agreement is entered into by and between the Board of County
Commissioners of the County of Arapahoe, State of Colorado and the Arapahoe County Clerk and
Recorder (hereinafter jointly referred to as the "County") and the City of Englewood (hereinafter
referred to as the "Political Subdivision" and/or "jurisdiction").
WHEREAS, pursuant to the Uniform Election Code of 1992, (Articles 1 to 13 of Title 1,
C.R.S.) as amended, governmental entities are encouraged to cooperate and consolidate elections in
order to reduce taxpayer expenses; and
WHEREAS, the County and the Political Subdivision have determined that it is in the best
interest of the taxpayers and the electors to conduct a General Election on November 4, 2014; and
WHEREAS, the Colorado Constitution, Article X, Section 20, ("TABOR") requires the
production of a mailed notice ("TABOR Notice") concerning certain ballot issues and/or ballot
questions that will be submitted to the electors of the County and the Political Subdivision; and
WHEREAS, the County and the Political Subdivision have determined that it is in the best
interest of the taxpayers and the electors for the County to print the TABOR Notice for the
November 4, 2014 election; and
WHEREAS, the TABOR Notices of several jurisdictions are to be sent as a package where
jurisdictions overlap; and
WHEREAS, when appropriate there should be county-wide coordination of the production
and mailing of the TABOR Notice package to effectuate the purposes of said constitutional section;
and
WHEREAS, the County and the Political Subdivision desire to set forth their respective
responsibilities for the General Election pursuant to this Intergovernmental Agreement.
NOW, THEREFORE, IT IS AGREED by the County and the Political Subdivision as
follows:
l. Coordinated Election: The November 4, 2014 election shall be conducted as a Coordinated
Election in accordance with the Uniform Election Code of 1992 (Articles 1·13 of Title 1,
C.R.S.) {"Coordinated Election" or "Election"). The election participants shall be required to
execute agreements with Arapahoe County for this purpose and may include municipalities,
school districts and special districts within the Arapahoe County limits and the State of
Colorado.
2. Title 1: The November 4, 2014 election shall be conducted by the County pursuant to and in
accordance with Title 1 C.R.S.
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3. Election Officials: The Arapahoe County Clerk and Recorder shall be designated as the
Coordinated Election Official and the Political Subdivision hereby identifies the City Clerk as
its Designated Election Official.
4. County Clerk Duties: The County shall perform the following tasks in relation to the Coordinated
Election, to wit:
a. Negotiate an agreement for the printing of the official ballots.
b. Provide a copy of the ballot layout and the text of the official ballot to the Designated
Election Official for proofreading prior to the autho rizing of the printing of all ballots.
c. Provide a copy of the Political Subdivisions' legal boundaries as defined in the
Arapahoe County Street List Locator no later than August 1, 2014.
d. Certify the complete, "as of" number of registered electors within the Arapahoe County
portion of the Political Subdivision no later than October 03, 2014.
e. Deliver a proposed election plan to the Secretary of State no later than 90 days prior to
the Election (August 6, 2014).
f. Provide mail ballots, affidavits, certificates, envelopes, instruction cards, replacement
ballots, and other necessary supplies to eligible voters.
g. Appoint, compensate, instruct and oversee the Board of Canvassers.
h. Appoint, compensate, instruct and oversee the judges of the Election, including counting
judges.
i. Publish and post the required legal notice pursuant to C.R.S. §1-7.5-107(2.S)(a)(I) no
later than 20 days before the Election.
j . Publish and post the required legal notice pursuant t o C.R.S. §1-5-205 that is published no
later than 10 days prior to the Election for the jurisdiction's ballot issues, ballot questions
and/or candidates.
k. Provide support on the date of the Election by telephone and in pers on, should the need
arise, until counting of the ballots is completed.
l. Supervise delivery of ballots to judges, distribution, handling and counting of ballots and
the survey of returns.
m. Provide unofficial results of the Election via www.arapahoevotes.com.
n. Prior to tabulation of voted ballots, provide the participating jurisdiction test ballots of the
jurisdiction's ballot style(s) to allow for testing of electronic vote ~counting equipment.
o. Designate and operate Voter Service Polling Centers as required by and in conformance
with Title 1.
p. Establish and maintain mail ballot drop-off locations as required by and in conformance
with Title 1.
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q. Maintain a list of names and precinct numbers of eligible electors together with the date -
on which the mail ballot was sent and the date on which the mail ballot was returned or
cast.
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r. Maintain a list of actual voters from the Election, and upon request, generate a printed list
of the persons who voted following the Election. The cost will be $.005 (1/2 cent) per
name.
s. Store all voted ballots for a minimum of 25 months after the Election, and all other
materials required by law to be saved, in such a manner that they may be accessed by the
participating jurisdiction, if necessary, to resolve any challenge or other legal questions that
might arise regarding the Election.
t. Keep a careful and accurate accounting of time, supplies, printing costs and salaries
attributable to the County's administration of the Election for the jurisdiction. The
participating jurisdiction's proportional share of actual costs shall be based on County
expenditures relative to the Election.
5. Political Subdivision Duties: The Political Subdivision shall perform the following tasks in
relation to the Coordinated Election, to wit:
a. Certify the candidates, if applicable, and the list of ballot issues and/or ballot questions
on a portable data storage device or by email (with receipt confirmed by the County
Election Department) in Microsoft Word format along with a paper copy no later than
4:00 p.m. on September S, 2014. The ballot content must be certified in the order in
which it will appear on the ballot. The jurisdiction shall be solely responsible for the
accuracy of the information contained in the certificate. The certified list of candidates,
ballot issues and/or ballot questions shall be final and the County will not be responsible
for making any changes after certification.
b. Within one day ofreceipt, proofread the layout and the text of the jurisdiction's portion
of the official ballots before authorizing the printing of all ballots.
c. Publish and post any required legal notices for the jurisdiction's candidates, ballot issues
and/or ballot questions, other than the notice required by C.RS. §§ 1-5-205 and 1-7.5-
107(2.5)(a)(I) that is published no later than 10 days prior to the election. A copy of such
published legal notice shall be submitted to the County for its records.
d. Prepare, hand-count and deliver to the County Clerk, the required test deck of ballots for
testing the electronic vote counting equipment. Participate in logic and accuracy test,
date to be determined.
e. Remit payment directly to Arapahoe County within 60 days of billing for its prorated
share of ALL COSTS relating to the printing and mailing of ballots and all other
election expenses described in Section 4.
f. Comply with the provisions of the Uniform Election Code of 1992 (Articles 1-13 of
Title 1, C.R.S.), and the time guidelines schedule as attached hereto as these relate to the
November 4, 2014 election. The Political Subdivision shall notify the County of any
exception no later than 29 days prior to the Election.
g. The Political Subdivision shall defend and resolve at its sole expense all challenges
relative to the candidates, ballot issues and/or ballot questions as certified to the County
for inclusion in the November 4, 2014 Coordinated Election.
h. Submit to the County a map identifying the participating jurisdiction's boundaries no
later than July 28, 2014.
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i. Certify to the County, no later than August 18 1 2014, the Political Subdivision's legal
boundaries from the Street List Locator provided to the Political Subdivision on August
1, 2014.
j. Obtain and deliver a certified copy of the property owners' list for the Political
Subdivision, (if deemed applicable), that has been reviewed against the voter registration
records in the office of the Arapahoe County Clerk and Recorder.
6. TABOR: If the Coordinated Election includes a ballot question and/or issue governed by
Colorado Constitution, Article X, Section 20, ("TABOR''):
a. The County sball. perform the following tasks in relation to the TABOR Notice :
i. Certify the complete number of registered electors and/or household addresses
with one or more active registered voters, within the Arapahoe County portion
of the Political Subdivision no later than October 03, 2014 .
ii.
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Determine the "least cost'' method for mailing the TABOR Notice package.
Nothing herein shall preclude the County from sending the TABOR Notice or
Notice package to persons other than electors of the Political Subdivision if
such transmittal arises from the County's efforts to mail the TABOR Notice
package at the 14least cost."
Include the text, and provide a proof as written and in the order submitted, in
accordance with the TABOR requirements for the TABOR Notice.
Coordinate and mail the TABOR Notice package in the time frame as required
by law.
iv. Keep a careful and accurate accounting of time, supplies, printing costs and
salaries attributable to the County's TABOR Notice services for the Political
Subdivision. The Political Subdivision's proportional share of actual costs shall
be based on the County's total expenditures relative to the 2014 TABOR Notice.
b. The Political Subdivision shall perform the following tasks in relation to the TABOR Notice:
i. Publish all required legal notices for the jwisdiction's ballot questions/ballot
issues, other than the notice that is required by C.R.S. § 1-5-205 that is published
no later than 10 days before the election, which covers all pertinent infonnation
required by statute. A copy of such published legal notice shall be submitted to
the County for its records .
ii. Comply with the provisions of the Uniform Election Code of 1992 (Articles
1-13 of Title 11 C.R.S.), and the time guidelines schedule, as these relate to
the Election in the Political Subdivision, unless superseded by other legal
authority.
iii.
iv.
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Receive petition representative's written summary of comments relating to
ballot issues/ballot questions .
The Political Subdivision shall certify a final and exact text and summ ary of
comments concerning its ballot issues and/or ballot questions, along with the
required fiscal infonnation to the County, on portable data storage device or
email (with receipt confirmed by the Election Department) in Microsoft
Word and with a paper copy, no later than 4:00 p.m. on September 23, 2014
for inclusion in the TABOR Notice mailing as required by Section 20 of
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Article X of the Colorado Constitution. The process of receiving written
comments relating to ballot issues/ballot questions and summarizing such
comments, as required by Section 20 of Article X of the Colorado
Constitution, is the sole responsibility of the Political Subdivision. The
certified text. summazy of comments and fiscal information shall be final and
the County will not be responsible for making any changes after the
certification.
The Political Subdivision shall def end and resolve, at its sole expense, all
challenges relative to the TABOR Notices certified to the County for
inclusion in the TABOR Notice package or its November 4, 2014
Coordinated Election.
v. Remit payment to the County within 60 days of billing for the prorated cost
relating to the printing and mailing of the TABOR Notice package and all
other expenses described in Section 6.
7. Entire Agreement: This IGA constitutes the entire agreement between the Parties as to the
subject matter hereof and supersedes all prior or contemporaneous agreement, proposals,
negotiations, understandings, representations and all other communications both, oral and
written, between the Parties.
8. Sufficient Funds: The Political Subdivision avers that it has sufficient funds available in its
approved budget to pay its prorated expenses for the November 4, 2014 Coordinated Election.
9. Governing Law; Jurisdiction and Venue. Unless otherwise agreed in writing, this
Intergovernmental Agreement and the interpretation thereof shall be governed by the laws of
the State of Colorado. Venue for any and all legal actions arising under this IGA shall lie in the
District Court in and for the County of Arapahoe, State of Colorado.
10. Severability: Should any provision of this Intergovernmental Agreement be determined by a
court of competent jurisdiction to be unconstitutional or otherwise null and void, it is the intent
of the parties hereto that the remaining provisions of this Intergovernmental Agreement shall be
of full force and effect.
11. Notices: Notices to be provided under this Intergovernmental Agreement shall be given in
writing either by hand delivery or deposit in the United States mail, certified mail, return
receipt requested, with sufficient postage, to the following persons :
Matt Crane DEO Name: Loucrishia A. Ellis
Arapahoe County Clerk and Recorder Title: City Clerk
5334 South Prince St. Address: 1000 Englewood Parkway
Littleton, Colorado 80166-0211 City, St, Zip: Englewood, Colorado 80110
12. Amendment: This Intergovernmental Agreement may not be modified, amended or otherwise
altered unless mutually agreed upon in writing by the parties hereto .
13. Immunities Preserved: It is the intention of the parties that this IGA shall not be construed as
a contractual waiver of any immunities or defenses provided to the County Clerk and his
employees by the Colorado Governmental Immunities Act, C.R.S. §24-10-101. et seq.
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ARAPAHOE COUNTY BOARD OF COUNTY COMMISSIONERS
Nancy Doty, Chair Date
Matt Crane, Coordinated Election Official Date
JURISDICTION NAME: CITY OF ENGLEWOOD
By: Randy P. Penn
Title: Mayor
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,. Coordinating Jurisdiction Calendar for November 4, 2014 General Election
Date Event Reference
~ly Last day for write in candidate to file intent 1-4-1102(1)
,._ sday (110 days prior)
75-July Last day to notify county clerk of intent to participate in the General 1-7-116(5)
Friday election IGA Axreement
28-July Jurisdiction to provide copy of legal boundaries to County Clerk IGA Agreement
Mondav
I-August . County Clerk to provide copy of legal boundaries to jurisdiction IGA Agreement
Friday
18-August Jurisdiction to certify legal boundaries to County Clerk IGA Agreement
Monday
26-August Last day to sign IGA 1-7-116(2)
Tuesdav
5-September Coordinating jurisdictions to certify ballot content and order ( 60 l-5-203(3)(a)
Friday davsnrior)
19-September Deadline for filing Tabor pro/con statements with DEO (Friday Art X, Sec. 20(3)(b)(v)
Friday before the 45111 dav before the election) 1-7-901(4)
20-Sep UOCAV A ballot mailing deadline (45 days prior) 1-8.3-110(1)
Saturday Rule 16
23-Scptember Tabor notices filed with County Clerk (42 days prior) 1-7-904
TuesdaY
1-Oct (Subject to Change) Public Test Arapahoe County
Wednesday
3-October Last day to mail Tabor notices Art. X, Sec. 20(3)(b)
Friday
14-October Last day to register to vote via Voter Registration Drives 1-2-201(3)(b)(I)
("°""isday
'-../-October Ballot drop off locations open & Mail Ballots Mailed 1-7.5-107{3){a)(I)
Tuesdav
1S-October Notice of election to be published (20 days before) 1-7.5-107(2.S)(a)(I)
Wednesdav
20-October Early Voting begins at Voter Service and Polling Centers t-S-102.9{2)
Monday
27-October Last day to register to vote via Online submissions, Mail, and 1-2-20 I {3)(b )(III)
Monday Ae.encv forms in order to receive a mail ballot
28-October Last day to apply for mail in ballot if mailed 1-7.5-116(3)
Tuesday (7th day prior)
JI-October Last day to request an in-person absentee ballot 1-7.5-116(3)
Friday
4-November Election Day 1-1-104(17)
Tuesday 1-4-201
Rule 7.8.l t'b)
. 12-November Last day to receive UOCAVA ballots 1-8.3-113
Wednesday Rule 16.1.6
12-November Last day to cure any signature and ID discrepancies 1-7 .5-107(3 .5)(d}
Wednesday l-7 .5-107.3{2)(a)
1-8.5-1 0S(3)(a)
Rule 7.6.2
21-November Deadline for Canvass Board and official abstract (17ui day after) 1-10-102(1}
Fridav Rule 10
COUNCIL COMMUNICATION
Date Agenda Item Subject
July 7, 2014 9av Intergovernmental Agreement
with Arapahoe County for
Coordinated Election Services
INITIATED BY STAFF SOURCE
Election Commission/City Clerk's Office Frank Gryglewicz, Director of Finance and
Administrative Services
Loucrishia A. Ellis, City Clerk/Election Commission
Member
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The City of Englewood has participated with Arapahoe County in conducting coordinated elections for
every City of Englewood General Municipal Election since 1993.
RECOMMENDED ACTION
Approve, by ordinance, an intergovernmental agreement between the City of Englewood and Arapahoe
• County for the November 4, 2014 Coordinated Election.
Because of State Legislation and the Taxpayer's Bill of Rights (TABOR) amendment approved by the voters
in 1992, coordinated elections are to be conducted throughout the State by County Clerks. The County
has the capability of coordinating this election and including the City of Englewood.
The Election Commission agrees that it is in the best interest of the electors of Englewood to conduct future
elections jointly with the other political entities within the County. In order to participate in the 2014
Coordinated Election, the City of Englewood must enter into an intergovernmental agreement with
Arapahoe County.
Staff has reviewed the proposed intergovernmental agreement and concurs with the Commission's
recommendation.
FINANCIAL IMPACT
Since costs are based on several variables, e.g. the number of registered electors in the City of Englewood
at the time of the election, the number of ballot questions, the number of entities participating in the
election, the financial impact is only an estimate. Based on the known facts, the cost of the 2014 Municipal
Election has been budgeted at $25,000.00.
LIST OF ATTACHMENTS
Proposed bill for an ordinance