HomeMy WebLinkAbout2015-07-20 (Regular) Meeting Agenda Packet1. Call to Order.
2 . Invocation .
3. Pledge of Allegiance .
4. Roll Call.
Agenda for the
Regular Meeting of the
Englewood City Council
Monday, July 20, 2015
7:30 pm
Englewood Civic Center -Council Chambers
1000 Englewood Parkway
Englewood, CO 8011 O
5. Consideration of Minutes of Previous Session .
a . Minutes from the Regular City Council Meeting of July 6, 2015.
6. Recognition of Scheduled Public Comment. (This is an opportunity for the public to address City
Council. There is an expectation that the presentation will be conducted in a respectful manner.
Council may ask questions for clarification, but there will not be any dialogue . Please limit your
presentation to five minutes .)
a. The Englewood High School Future Business Leaders of America (FBLA) team will be
present to provide an update on the National FBLA Conference in Chicago.
b. Barbara Chumley will be present to address City Council regarding Englewood
Unleashed.
c. Garnett Stewart will be present to address City Council regarding Englewood
Unleashed .
7. Recognition of Unscheduled Public Comment. (This is an opportunity for the public to address
City Council. There is an expectation that the presentation will be conducted in a respectful
manner. Council may ask questions for clarification, but there will not be any dialogue. Please
limit your presentation to three minutes. Time for unscheduled public comment may be limited to
45 minutes, and if limited, shall be continued to General Discussion .)
Council Response to Public Comment.
8. Communications, Proclamations, and Appointments.
Please note: If you have a disability and need auxiliary aids or services, please notify the City of
Englewood (303-762-2405) at least 48 hours in advance of when services are needed .
Englewood City Council Agenda
July 20 , 2015
Page2
9. Consent Agenda Items
a. Approval of Ordinances on First Reading .
b. Approval of Ordinances on Second Reading.
i. Council Bill No . 27 , making changes to the NonEmergency Employees Retirement
Plan (NERP).
ii. Council Bill No. 30 , authorizing an intergovernmental agreement with Arapahoe
County for the November 3, 2015 Coordinated Election.
iii. Council Bill No . 31 , authorizing an intergovernmental agreement with Arapahoe
County for installation of a mail ballot drop-off box along with video security
surveillance recording system at the Englewood Civic Center.
c. Resolutions and Motions .
10 . Public Hearing Items . (No Public Hearings scheduled .)
11 . Ordinances , Resolutions and Motions .
a. Approval of Ordinances on First Reading.
b. Approval of Ordinances on Second Reading .
i. Council Bill No . 23, vacating The Broadway Planned Development.
ii. Council Bill No . 28 , authorizing a ballot question on the November 2015 ballot
seeking the approval of the requested lease/sale of property .
iii. Council Bill No . 29, authorizing a ballot question on changes to special election
timeframe restrictions.
iv. Emergency Council Bill No. 32, authorizing a certificate of participation refund for the
Englewood Civic Center.
c. Resolutions and Mot ions.
12. General Discussion .
a. Mayor's Choice .
b. Council Members ' Choice .
Please note : If you have a disability and need auxiliary aids or services , please notify the City of
Englewood (303-762-2405) at least 48 hours in advance of when services are needed.
Englewood City Council Agenda
July 20 , 2015
Page 3
13 . City Manager's Report.
14 . City Attorney 's Report .
15 . Adjournment.
Please note : If you have a disability and need auxiliary aids or services , please notify the City of
Englewood (303-762-2405) at least 48 hours in advance of when services are needed .
PUBLIC COMMENT ROSTER
AGENDA ITEM 7
UNSCHEDULED PUBLIC COMMENT
July 20, 2015
PLEASE LIMIT YOUR PRESENTATION TO THREE MINUTES
PLEASE PRINT
NAME ADDRESS TOPIC
Arapahoe Responsible
Energy Advocates
Arapahoe Responsible Energy Advocates is a diverse team of active community leaders dedicated to educating the
citizens of Arapahoe County, Colorado on the facts about /racking and oil & gas development in our state.
Our Members: Polly Page (Chair), Tom Tobiassen, Commissioner Bill Holen, Aurora City Council Member Brad Pierce,
Matt Reay, Jennifer Churchfield, Rich Sokol, Tom Coker, Julie Marie Shepherd, Michael Machar, Marc Scott, Lynn Myers,
Paul Page, Darel Staner, Tom Henley, Scott Cler, Dr. Michael T. Parra, Lucky Highfill, David Ariss, Nancy Griffin
Facts on Oil and Gas Development in Arapahoe County
• There have been 1,256 wells sites established in Arapahoe County. (Arapahoe County)
o There are 214 active wells in Arapahoe County.
o 144 are actively producing, 4 are in the completion stage, and 0 are being drilled.
o 26 wells have been permitted, but not yet drilled. 8 wells are pending review and approval.
o 625 wells are dry and abandoned. 262 have been plugged and abandoned. 9 are temporarily
abandoned.
o Development is taking place primarily in Eastern Aurora and unincorporated areas of central Arapahoe
County (see map).
• There are 5,988 people employed in the Oil & Gas Industry in Arapahoe County. For every job in the oil and gas
industry, an additional 2.45 jobs are supported which equates to a total of 20,659 jobs supported by the
Industry in Arapahoe County. (Arapahoe/Douglas Works I)
• In 2012 alone, the industry generated $29.6 billion for the Colorado economy, translating into over 110,000 jobs
and $1.6 billion in tax revenue.
• Fracking is heavily regulated in Colorado by both national and state agencies. These agencies include the
Environmental Protection Agency (EPA), Colorado Oil and Gas Conservation Commission (COGCC), Colorado
Department of Health, Bureau of Land Management (BLM), Occupational Safety and Health Administration
(OSHA), to name a few. The regulations include the federal Clean Water Act and Clean Air Act.
o;/ a Gas W.lls
• Actt-
• Or;//i"fl ·-lnJeditlfl
• Producing
.,. Waiting -Information
Polly Page, AREA Chair: paulettepage@gmail.com; (303) 517-3784
General email: ArapahoeREadvocates@gmail.com
AREA Facebook Page: https://www.facebook.com/Arapahoe.Responsible.Energy.Advocates
AREA Twitter: @ArapahoeREA
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BY AUTHORITY
ORDINANCE NO.
SERIES OF 2015
COUNCIL BILL NO. 27
INTRODUCED BY COUNCIL
MEMBER OLSON
AN ORDINANCE AMENDING TITLE 3 , CHAPTER 4, SECTION 16, SUBSECTION 3, OF THE
ENGLEWOOD MUNICIPAL CODE 2000, ENTITLED "CITY OF ENGLEWOOD
NONEMERGENCY EMPLOYEES RETIREMENT PLAN AND TRUST AS AMENDED AND
RESTATED EFFECTIVE DECEMBER 31, 2012".
WHEREAS, the City Council has consistently updated the NonEmergency Retirement Plan
(NERP) to insure it complies with Internal Revenue Service (IRS) requirements; and
WHEREAS, the proposed ordinance does not substantially change the current level of pension
benefits for the NonEmergency Employees Retirement Plan participants; and
WHEREAS, the proposed ordinance makes changes required by the Internal Revenue Service
(IRS) in order to comply with standards necessary for the IRS Letter of Determination; and
WHEREAS, the NonEmergency Employees Retirement Board voted unanimously to support the
amendments.
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, Colorado hereby authorizes amending
Title 3, Chapter 4, Section 16, Subsection 3, of the Englewood Municipal Code 2000 to read as
follows:
CITY OF ENGLEWOOD NONEMERGENCY EMPLOYEES RETIREMENT PLAN AND
TRUST AS AMENDED AND RESTATED EFFECTIVE DECEMBER 31, 2012*
3-4-16: Limitations .
3-4-16-3: Annual Benefit and Contribution Limits.
The Plan incorporates by reference the requirements of Code Section 415 and final regulations
interpreting Code Section 415, as applicable to this governmental retirement plan. The cost-of-
living increase of Code Section 415( d) shall continue to apply to increase the dollar benefit limit
of Code Section 4 l 5(b) after the Member's severance from employment. The limitation on
contributions of Code Section 415( c) shall apply to Member contributions that are made to the
DROP account, as described in Section 3-4-7-8(D . The limitation year is the calendar year .
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Solely for purposes of applying Code Section 4 l 5(c) limits. compensation is defined as wages within
the meaning of Code Section 3401 (a), plus amounts that would be included in wages but for an •
election under Code Section 125(a). 132(f)(3), 402(e)(3), 402(h)(l)(B), 402(k) or 457(b). all as
described in Treas. Reg. Section 1.415(c)-2 .
Section 2 . Safety Clauses . The City Council hereby finds, determines , and declares that this
Ordinance is promulgated under the general police power of the City of Englewood, that it is
promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare . The City Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 3. Severability. If any clause , sentence, paragraph, or part of this Ordinance or the
application thereof to any person or circumstances shall for any reason be adjudged by a court of
competent jurisdiction invalid, suchjudgment shall not affect, impair or invalidate the remainder
ofthis Ordinance or it application to other persons or circumstances .
Section 4 . Inconsistent Ordinances . All other Ordinances or portions thereof inconsistent or
conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such
inconsistency or conflict.
Section 5. Effect of repeal or modification. The repeal or modification of any provision of
the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify,
or change in whole or in part any penalty, forfeiture , or liability, either civil or criminal, which
shall have been incurred under such provision, and each provision shall be treated and held as
still remaining in force for the purposes of sustaining any and all proper actions , suits,
proceedings, and prosecutions for the enforcement of the penalty, forfe iture, or liability, as well
as for the purpose of sustaining any judgment, decree, or order which can or may be rendered,
entered, or made in such actions , suits , proceedings, or prosecutions.
Section 6 . Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and
every violation of this Ordinance .
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) day s .
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) day s .
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This Ordinance shall take effect thirty (30) days after publication following final passage .
Randy P. Penn, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
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._, Series of 2015.
Loucrishia A. Ellis
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ORDINANCE NO.
SERIES OF 2015
BY AUTHORITY
COUNCIL BILL NO. 30
INTRODUCED BY COUNCIL
MEMBER OLSON
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN
ARAPAHOE COUNTY CLERK AND RECORDER AND THE CITY OF ENGLEWOOD,
COLORADO, TO CONDUCT A COORDINATED ELECTION ON NOVEMBER 3, 2015.
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 3,
2015;and
WHEREAS, the City shall provide the Coordinated Election Official with a copy of the
ordinance stating that the City has adopted the exclusive use of Title 1 of the Colorado Election
Code and that the City will participate in the Coordinated Election in accordance with the terms
and conditions of this Agreement; and
WHEREAS, the ordinance shall further authorize the presiding officer of the City or other
designated person to execute this Agreement; 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, THAT:
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 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.
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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.
Randy P. Penn, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
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._, Series of 2015.
Loucrishia A. Ellis
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INTERGOVERNMENTAL AGREEMENT
BETWEEN
ARAPAHOE COUNTY CLERK AND RECORDER
AND
CITY OF ENGLEWOOD
REGARDING THE CONDUCT AND ADMINISTRATION OF THE
Arapahoe County Elections IGA
NOVEMBER 3, 2015
COORDINATED ELECTION
PREPARED BY:
MATT CRANE
ARAPAHOE COUNTY CLERK AND RECORDER
5334 S. PRINCE STREET
LITTLETON, COLORADO 80120
303-795-4239
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THIS AGREEMENT is made by and between the Board of County Commissioners of the
County of Arapahoe, State of Colorado, on behalf of the Arapahoe County Clerk and Recorder
(hereinafter referred to as the "County") and City of Englewood (hereinafter referred to as
the "Jurisdiction") (hereinafter collectively referred to as the "Parties"); and
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, pursuant to section 1-7-116, C.R.S. if more than one jurisdiction holds an
election on the same day in November and the eligible electors for each such election are the
same or the boundaries overlap, the County Clerk and Recorder is the coordinated election
official and, pursuant to section 1-5-401, C. R.S. shall conduct the elections on behalf of all
jurisdictions whose elections are part of the coordinated election utilizing the mail ballot
procedures set forth in article 7. 5 of title 1; and
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WHEREAS, the County and Jurisdiction have determined that section 1-7-116, C.R.S.
applies and it is in the best interest of the taxpayers and the electors to enter into this
Agreement to conduct a Coordinated Election on November 3, 2015; and
WHEREAS, such agreements are authorized by State law.
NOW, THEREFORE, for and in cons i deration of the promises herein contained, the
sufficiency of which is hereby acknowledged, the Parties hereto agree as follows:
This 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. ). The election participants will 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 .
The Arapahoe County Clerk and Recorder shall be designated as the Coordinated Election
Official (hereinafter "CEO") and the Jurisdiction hereby identifies Loucrishia Ellis as its
Designated Election Official (hereafter "DEO).
FURTHER, the Parties agree as follows:
SECTION I.
PURPOSE AND GENERAL MATTERS
1.01 DEFINITIONS:
Arapahoe County Elections !GA Page 2
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A. "Address Library Report" means the address report from the Secretary of State voter
registration system (hereinafter "SCORE") which defines street addresses and
precincts within the jurisdiction.
B. "Coordinated Election Official" (hereinafter "CEO") shall mean the County Clerk and
Recorder who shall act as the "coordinated election official," as defined within the
Code and Rules and, as such, shall conduct the election for the Jurisdiction for all
matters in the Code and the Rules which require action by the CEO.
C. "Colorado Election Code" or "Code" means any part of the Uniform Election Code of
1992, (Articles 1-13 of Title 1, C.R.S.) or any other Title of C.R.S governing
participating Jurisdiction's election matters, as well as the Colorado Constitution, and
the State of Colorado Secretary of State (SOS) Rules.
D. "Coordinated Election" means an election where more than one jurisdiction with
overlapping boundaries or the same electors holds an election on the same day and
the eligible electors are all registered electors, and the County Clerk is the
Coordinated Election Official for the jurisdictions.
E. "Contact Officer" means the individual who shall act as the primary liaison or contact
between the Jurisdiction and the County Clerk. The Contact Officer shall be that
person under the authority of the County Clerk who will have primary responsibility
for the coordination of the election for the Jurisdiction and the procedures to be
completed by the County Clerk hereunder.
F. "Designated Election Official" (hereinafter "DEO") means the individual who shall be
identified by the Jurisdiction to act as the primary liaison between the Jurisdiction
and the Contact Officer and who will have primary responsibility for the conduct of
election procedures to be handled by the Jurisdiction hereunder. To the extent that
the Code requires that an Election Official of the Jurisdiction conduct a task, the DEO
shall conduct same.
G. "General Election" means the election held on the Tuesday succeeding the first
Monday of November in each even-numbered year.
H. "IGA" or "Agreement" means this Intergovernmental Agreement between the County
and the Jurisdiction for election coordination .
Arapahoe County Elections IGA Page 3
I. "Jurisdiction" means a political subdivision as defined in§ 1-7.5-116, C.R.S. and
referenced in the Code and, in this Agreement, is interpreted to refer to
[Coordinating Entity Name].
J. "Mail Ballot Packet" means the packet of information provided by the CEO to eligible
electors in the mail ballot election. The packet includes the ballot, instructions for
completing the ballot, a secrecy envelope, and a return envelope.§ 1-7.5-103(5),
C.R.S.
K. "Post Election Audit" means such audit as set forth substantially in the Colorado
Election Code.
L. "Precinct" means an area with established boundaries within a jurisdiction used to
establish election districts.
M. "Proposed Jurisdiction" means a jurisdiction which may be formed pursuant to this
election which is not yet identified by a tax authority code in the County Assessor
database. When the context of this Agreement so requires, a Proposed Jurisdiction
will simply be referred to as a Jurisdiction.
N. "Regular Biennial School Election" means the election held on the first Tuesday in
November of each odd-numbered year.
0. "SOS" means State of Colorado Secretary of State.
P. "SOS Election Calendar" means the most recent election calendar as published on the
SOS website located at www.sos.state.co.us and attached hereto as Attachment B
and incorporated herein by this reference.
1.02 JOINT RESPONSIBILITIES
A. All parties shall familiarize themselves with all statutory and regulatory requirements
impacting coordinated elections and TABOR notices if required.
B. Nothing herein shall be deemed or construed to relieve the CEO or the Jurisdiction
from their official responsibilities for the conduct of the election.
Arapahoe County Elections IGA Page 4
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C. All parties shall adhere to all applicable provisions of the Colorado Election Code
which are necessary or appropriate to the performance of the above duties, as well
as to the time guidelines schedule as attached hereto as these relate to the election.
D. All parties shall enforce all provisions of the Fair Campaign Practices Act as they may
apply to the conduct of the election.
1.03 JURISDICTIONAL LIMITATION
A. The Jurisdiction encompasses territory within Arapahoe County. This Agreement shall
be construed to apply only to that portion of the Jurisdiction within Arapahoe County.
B. Where the Jurisdiction is entirely contained within Arapahoe County, the CEO has
authority in setting ballot order and number. When the Jurisdiction is split among
more than one county, the Jurisdiction agrees to coordinate with the CEO prior to
agreeing upon ballot order or numbering.
SECTION II.
COUNTY /JURISDICTION RESPONSIBILITIES
The County and the Jurisdiction shall each perform their respective duties and/or functions
within the context of this Agreement:
2.01 THE COUNTY SHALL PERFORM THE FOLLOWING TASKS IN RELATION TO SAID
ELECTION:
A. Give assistance and information to the DEO of the Jurisdiction on any matter related
to elections to ensure the smooth and efficient operation of the election (such
information shall not include legal advice).
B. Designate a Contact Officer with the specific duty of assisting with the election of the
Jurisdiction (such oversight shall not preclude such Contact Officer from assisting
with the elections of other jurisdictions or from performance of other tasks as
delegated by the CEO).
C. Adhere to all applicable provisions of the Colorado Election Code that are necessary or
appropriate to the performance of the above duties .
Arapahoe County Elections IGA Page S
D. Use the Address Library Report and any documents provided regarding annexation,
inclusion and or exclusion, to identify eligible electors within the Jurisdiction.
a. Provide the Jurisdiction with an Address Library Report which defines
Jurisdictional boundaries in terms of residential street ranges based on County
Assessor data.
b. County will verify errors, omissions, and/or corrections identified by the
Jurisdiction against County Assessor data, and where appropriate, modify
street ranges to accurately define the eligible electors within the Jurisdiction.
E. Deliver a proposed election plan to the Secretary of State no later than 90 days prior
to the Election.
F. Contract for Mail Ballot Packets with a vendor acceptable to the CEO and remit
payment directly to the vendor.
G. Lay out the text of the official ballots in a format that complies with the Code. (See
also Section 1.03 (B) herein).
H. Provide ballot printing layouts and text for proofreading and signature approval by the
Jurisdiction prior to final ballot printing.
I. Mail the ballot packets as required by the Code.
J. Make available a certified list of registered voters on or before the deadline as set
forth within Attachment B.
K. Appoint, instruct, oversee, and administer the payment of the judges of the election.
L. Coordinate, instruct, and oversee the Canvass Board.
M. Prepare and run the required Logic and Accuracy test deck, along with a test deck
provided by the Jurisdiction.
Arapahoe County Elections IGA Page 6
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• N. If applicable, provide daily business day pick-up of the sealed ballot container(s)
containing voted ballots from all assigned locations. Provide replacement sealed
empty ballot container(s).
0. Publish and post the required legal notices pursuant to § 1-5-205(1) and § 1-7 .5 -
107(2.5)(a)(I), C.R.S. Notice shall be published for the Jurisdiction's ballot issues,
ballot questions, and/or candidates on or before the deadline as set forth within
Attachment B.
P. CEO will refer members of the public and press to the DEO regarding specific questions
about candidates or ballot questions.
Q. Provide the necessary electronic voting tabulation equipment, personnel properly
trained in electronic tabulating equipment, programming of the vote tabulating
equipment, and the facility to conduct the ballot tabulation.
R. Establish and maintain mail ballot drop-off locations and designate and operate Voter
Service and Polling Centers as required by and in conformance with the Colorado
Election Code.
• S. Maintain a list of names and precinct numbers of eligible electors together with the
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date on which the mail ballot was sent and the date on which the mail ballot was
returned or cast.
T. Conduct and oversee the process of counting the ballots and reporting the results by
Jurisdiction.
U. Conduct a recount of the ballots where the final ballot tabulation results are close
enough to require a recount by law, or if not required by statute, upon the request of
the Jurisdiction, for any reason. In either scenario, the cost of the recount will be
charged to the Jurisdiction. If more than one Jurisdiction is involved in the recount ,
the cost will be pro-rated among the participating Jurisdictions equally.
V. Provide unofficial results of the election on election night by telephone or electronic
transmittal upon request.
W. In conjunction with the Jurisdiction, prepare and run the required Post Election Audit
before certifying election results .
Arapahoe County Elections IGA Page 7
X. Conduct a canvass of the votes and certify the results of the Jurisdiction's election
within the time required by law and forthwith provide the Jurisdiction with a copy of
all election statements and certificates which are to be created under the Code.
Y. Submit to the Jurisdiction an itemized invoice for all expenses incurred under this
Agreement. Within sixty (60) days from the date of receipt of such invoice, the
Jurisdiction shall remtt to the County the total payment.
Z. 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
Jurisdiction's proportional share of actual costs shall be based on County
expenditures relative to the Election.
AA. Store all election records as required by the Code in such a manner that they may be
accessed by the Jurisdiction, if necessary, to resolve any challenges or other legal
questions that might arise regarding the election.
2.02 THE JURISDICTION SHALL PERFORM THE FOLLOWING TASKS IN RELATION TO SAID
ELECTION AND TABOR NOTICE (IF REQUIRED):
A. DEO shall familiarize themselves with all statutory and regulatory requirements
impacting the Jurisdiction.
B. Identify a DEO to act as liaison between the Jurisdiction and the CEO.
C. Identify immediately to CEO if Jurisdiction is shared by any additional county.
Procedures will be followed as per SOS Rule 4.2 to determine controlling county for
purpose of setting up shared races, issues, and questions in coordinated elections.
(See Section 1.03 (B) herein).
D. The Jurisdiction shall provide the CEO with a copy of the ordinance or resolution
stating that the Jurisdiction has adopted the exclusive use of Title 1 of the Colorado
Election Code and that the Jurisdiction will participate in the Coordinated Election in
accordance with the terms and conditions of this Agreement. The ordinance or
resolution shall further authorize the presiding officer of the Jurisdiction or other
designated person to execute this Agreement.
E. The Jurisdiction confirms that it has sufficient funds available and appropriated in its
approved budget to pay its prorated election expenses for this Coordinated Election.
See Attachment A.
Arapahoe County Elections IGA Page 8
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F. The IGA must be returned to the CEO with all signatures executed on or before the
deadline as set forth within Attachment B in order to enter into an intergovernmental
agreement, per the Code.
G. Use the Address Library Report provided by the County to identify eligible electors
within the Jurisdiction. In order for the CEO to provide correct ballots to electors,
the information contained in the Address Library Report must be accurate. If the
street list information and/or certification are not provided by the date specified in
Attachment C, the Jurisdiction may not participate in this Coordinated Election .
H. Identify any errors, omissions, and/or corrections to the street ranges used to define
Jurisdictional boundaries, in writing eighty (80) days prior to Election Day.
I. Provide CEO certification of the accuracy of the Address Library Report including any
changes, additions, or deletions to be made to the street ranges and return with
signed IGA on or before the deadline as set forth within Attachment B.
J. A Proposed Jurisdiction, not already identified by a tax authority code in the County
Assessor's records, will provide the CEO's office with a certified legal description,
map, and a street list, identifying the street ranges for all streets within the Proposed
Jurisdiction on or before eighty (80) days prior to Election Day. In the event
residential addresses are not available, the Proposed Jurisdiction agrees to provide a
list of the land parcel numbers that are within the boundaries of the Proposed
Jurisdiction.
K. Provide CEO certification of any annexations, inclusions, and/or exclusions, to the
Jurisdiction, including all supporting documents, on or before eighty (80) days prior
to Election Day.
L. Review all petition information and verify the information against the registration
records, and, where applicable, the county assessor's records as per§ 1-4-908, C.R.S.
After review, the DEO shall notify the candidate of the number of valid signatures and
whether the petition appears to be sufficient or insufficient. Upon determining that
the petition is sufficient and after the time for protest has passed, the DEO shall
certify the candidate to the ballot and, if the election is a Coordinated Election, so
notify the CEO.
M. Jurisdiction is strongly encouraged to write initiatives in plain, non-technical
language, worded with simplicity and clarity in compliance with all statutory
requirements as per§ 1-40-105(1 ), C.R.S .
Arapahoe County Elections IGA Page 9
N. Respond to inquiries as follows: The CEO shall respond to all correspondence and calls
within its expertise relating to election procedures. The DEO shall ref er
correspondence and calls relating to election procedures, and which are outside of
the DEC's expertise, to the Contact Officer for response. The CEO and Contact
Officer shall ref er correspondence and calls concerning the substance of the ballot
issues or the operations of the Jurisdiction to the DEO or a person designated by the
Jurisdiction to respond to correspondence and calls, which person the DEO shall
identify and designate at least forty-five (45) days prior to the election. The DEO
and/or the person so designated by the DEO shall respond to correspondence and
calls within a reasonable time after being notified of the same by the CEO.
0. Determine the ballot title and text. Certify, if applicable, the candidate, the list of
ballot issues and/or ballot questions electronically (with receipt confirmed by the
County Election Department) in a plain text format on or before the deadline as set
forth within Attachment B. The ballot content must be certified in the order in which
it will appear on the ballot. The certified list of candidates (order determined by lot
drawing, or if applicable, city/town charter), ballot issues, and/or ballot questions
shall be final and the CEO will not be responsible for making any changes after the
certification, except those prescribed by statute. Due to limitations in the voting
software, the CEO will not accept text that includes, but is not limited to, bold,
italic, underline, bullets, tables, strikethrough or indentations. All caps are reserved
for TABOR issues only per the Code.
a. The Jurisdiction 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 on the ballot.
P. Jurisdiction is to provide the phonetic pronunciation of each candidate's name to
assist with the preparation of the audio ballot at the time ballot content is certified
to the County. This information shall be left in a voice message recording at (303)
734-5365 and shall include the candidate name, jurisdiction and title of office.
Candidate information must be provided by the date specified in Attachment C.
Q. Jurisdiction must indicate whether question(s) are a referred measure or an initiative
from a citizen petition. The Jurisdiction understands and agrees that any ballot
content submitted to the CEO after the ballot content has been certified, may result
in its candidates, issues, or questions not being on the ballot for the election.
R. Within one business day of receipt, proofread the layout and the text of the
Jurisdiction's portion of the official ballots and TABOR notice (if applicable) and
provide written notice (electronic format) of acceptance before the printing of the
ballots and TABOR notice (if applicable).
Arapahoe County Elections IGA Page 10
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S. Prepare, hand -count, and deliver to the CEO, the required test deck of ballots for
testing the electronic vote counting equipment by the date specified.
T. For elections where owning property in the Jurisdiction is a requirement for voting in
the election, utilize the online inquiry terminal to access the State of Colorado and
Arapahoe County voter registration records to confirm voter registration and verify
"property ownership" information.
U. Provide the CEO with an initial and supplemental certified list of "property owners" (if
applicable) eligible to vote in the election, as determined by the Jurisdiction, who:
a. Own property within the Jurisdiction, appear on the State of Colorado list of
registered voters, reside at an address as shown, that is not within the
boundaries of Arapahoe County ("Out of County" property owners); or,
b. Own property within the Jurisdiction, appear on the Arapahoe County list of
registered voters, reside at an address that may not match the property
address as shown on the County Assessor's list, but is within the boundaries of
Arapahoe County ("In County" property owners) .
c. The lists shall be submitted as an electronic copy. The electronic copy shall be
submitted to the CEO using Microsoft Excel format. The spreadsheet shall
contain no more than one (1) eligible elector's name per line. Each line shall
consist of the following separated fields: eligible elector's voter identification
number (if applicable), last name , first name, middle name, mailing address,
city, state, zip, parcel number, phone number, if available, and Arapahoe
County precinct number, if applicable.
V. Publish and post any required legal notices for the Jurisdiction's candidates, ballot
issues and/or ballot questions, other than the notice required by§ 1-5-205, C.R.S. A
copy of such published legal notice shall be submitted to the County for its records.
W. Notify the CEO within twenty-four hours of the completion of the final ballot
tabulation whether a recount is required or desired. The Jurisdiction shall reimburse
the County for the full cost of the recount. If other Jurisdictions are included in the
recount the cost of the recount will be pro-rated among the participating
Jurisdictions as per§ 1-10.5 -101, C.R.S.
X. Within sixty (60) days from the date of rece i pt of an invoice relating to the
Jurisdiction's prorated share of costs for the printing and mailing of ballots, TABOR
Arapahoe County Elections IGA Page 11
Notice (if required), and all other election expenses, the Jurisdiction shall remit to
the County the total payment.
Y. Pay any additional or unique election costs resulting from Jurisdiction delays and/or
special preparations or cancellations relating to the Jurisdiction's participation in the
Coordinated Election.
2.03 TABOR
A. If the election includes a ballot question and/or issue governed by Colorado
Constitution, Article X, Section 20, ("TABOR"), the County shall perform the following
tasks in relation to the TABOR Notice:
a. 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 Jurisdiction in accordance with the dates in Attachment B.
b. 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 Jurisdiction if such
transmittal arises from the County's efforts to mail the TABOR Notice package at
the "least cost."
c. 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.
d. Keep a careful and accurate accounting of time, supplies, printing costs and
salaries attributable to the County's TABOR Notice services for the Jurisdiction.
The Jurisdiction's proportional share of actual costs shall be based on the
County's total expenditures relative to the TABOR Notice.
B. If the election includes a ballot question and/or issue governed by Colorado
Constitution, Article X, Section 20, ("TABOR"), the Jurisdiction shall perform the
following tasks in relation to the TABOR Notice:
a. Publish all required legal notices for the Jurisdiction's ballot questions/ballot
issues, other than the notice that is required by § 1-5-205, C.R.S. that is
published no later than 10 days before the election, which covers all pertinent
Arapahoe County Elections IGA Page 12
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3.01
information required by statute. A copy of such published legal notice shall be
submitted to the County for its records.
b. 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 these relate to the
election in the Jurisdiction, unless superseded by other legal authority.
c. Receive petition representative's written summary of comments relating to
ballot issues/ballot questions.
d. The Jurisdiction shall certify a final and exact text and summary of comments
concerning its ballot issues and/or ballot questions, along with the required
fiscal information 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, within one business day of receipt, for inclusion in the TABOR
Notice mailing as required by Section 20 of 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
Jurisdiction. The certified text, summary of comments and fiscal information
shall be final and the County will not be responsible for making any changes
after the certification.
e. The Jurisdiction shall defend and resolve, at its sole expense, all challenges
relative to the TABOR Notices certified to the County for inclusion in the
TABOR Notice package for its election .
SECTION Ill.
CANCELLATION OF ELECTIONS
CANCELLATION OF ELECTION BY THE JURISDICTION.
A. In the event that the Jurisdiction resolves not to hold the election, then notice of such
resolution shall be provided to the CEO immediately. The Jurisdiction shall be liable
for the full actual costs of the activities of the CEO relating to the election incurred
both before and after the CEO's receipt of such notice. The Jurisdiction shall provide
and post notice by publication as defined in the Code . In the event that the
Jurisdiction resolves not to hold the election after the last day for the DEO to certify
the ballot order and content to the CEO (see Attachment B), the text provided by the
Jurisdiction cannot be removed from the ballot and/or the Ballot Issue notice (TABOR
Notice) .
Arapahoe County Elections IGA Page 13
SECTION IV.
MISCELLANEOUS
4.01 NOTICES.
A. Any and all notices required to be given by this Agreement are deemed to have been
received and to be effective: (1) three days after they have been mailed by certified
mail, return receipt requested; (2) immediately upon hand delivery; or (3)
immediately upon receipt of confirmation that an email or fax was received; to the
address of a Party as set forth below or to such Party or addresses as may hereafter
be designated in writing:
To County:
To Jurisdiction:
4.02 TERM OF AGREEMENT.
Matt Crane
Arapahoe County Clerk and Recorder
Elections Department
5334 S. Prince St.
Littleton, Colorado 80120
Fax: (303) 794-4625
mcrane@arapahoegov.com
Loucrishia Ellis
City Clerk
1000 Englewood Parkway
Englewood, CO 80110
Fax: (303) 783-6896
Email: lell is@englewoodgov.org
A. The term of this Agreement shall continue until all statutory requirements concerning
the conduct of the election and the creation, printing, and distribution of the TABOR
Notice, if needed, are fulfilled.
4.03 AMENDMENT.
A. This Agreement may be amended only in writing, and following the same formality as
the execution of the initial Agreement.
4.04 INTEGRATION.
Arapahoe County Elections IGA Page 14
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• A. The Parties acknowledge that this Agreement constitutes the sole and entire
Agreement between them relating to the subject matter hereof and that no Party is
relying upon any oral representation made by another Party or employee, agent or
officer of that Party.
4.05 CONFLICT OF AGREEMENT WITH LAW, IMPAIRMENT.
A. In the event that any provision in this Agreement conflicts with the Code or other
statute, this Agreement shall be modified to conform to such law. No resolution of
either party to this Agreement shall impair the rights of the CEO or the Jurisdiction
hereunder without the consent of the other party to this Agreement.
4.06 TIME OF ESSENCE.
A. Time is of the essence for this Agreement. The time requirements of the Code shall
apply to completion of the tasks required by this Agreement. Failure to comply with
the terms of this Agreement and/or the deadlines in Attachment C or the Code may
result in consequences up to and including termination of this Agreement.
• 4.07 GOOD FAITH.
•
A. The parties shall implement this Agreement in good faith, including acting in good
faith in all matters that require joint or general action.
4.08 NO WAIVER OF GOVERNMENTAL IMMUNITY ACT.
A. The Parties hereto understand and agree that the County, its commissioners, officials,
officers, directors, agents, and employees, are relying on, and do not waive or intend
to waive by any provisions of this Agreement, the monetary limitations or any other
rights, immunities, protections or defenses provided by the Colorado Governmental
Immunity Act (the "CGIA"), §§ 24-10-101 to 120, C.R.S., or otherwise available to the
County or the Jurisdiction. To the extent the CGIA imposes varying obligations or
contains different waivers for cities and counties, both the Jurisdiction and the
County agree that they will remain liable for their independent obligations under the
CGIA, and neither party shall be the agent of the other or liable for the obligations of
the other.
4.09 NO THIRD PARTY BENEFICIARIES .
Arapahoe County Elections IGA Page 15
A. The enforcement of the terms and conditions of this Agreement and all rights of action
relating to such enforcement shall be strictly reserved to the County and the
Jurisdiction, and nothing contained in this Agreement shall give or allow any such
claim or right of action by any other or third person under such Agreement .
4.10 GOVERNING LAW: JURISDICTION AND VENUE
A. Unless otherwise agreed in writing, this 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.
4. 11 SEVERABILITY
A. Should any provision of this 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 Agreement shall be of full force
and effect.
4. 12 ATTACHMENTS.
B. The following attachments are incorporated herein by this reference.
Attachment A 2015 Cost Estimates
Attachment B SOS Election Calendar (subject to updates)
Attachment C Arapahoe County Key Election Dates
END OF PAGE
Arapahoe County Elections IGA Page 16
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• ARAPAHOE COUNTY BOARD OF COUNTY COMMISSIONERS
Nancy N. Sharpe, Chair Date
Matt Crane, Coordinated Election Official Date
City of Englewood
By: Randy P. Penn
Title:
Date
Mayor
Loucrishia Ellis, Designated Election Official Date
•
• Arapahoe County Elections IGA Page 17
ATTACHMENT A
CITY OF ENGLEWOOD· COST ESTIMATE
2015 COORDINATED ELECTION
ARAPAHOE COUNTY
COLORADO'S FIRST
Cost Estimate Based On :
Active Registered Voters
Coordinating Entities
2013 Turnout
Estimated Election Day Turnout
Estimated Mail-In Turnout
Estimated Households fo r TABOR
Estimate UOCAVA Voters
Mail Ballot Costs
Ballot Materials & Processing
Outer Envelopes
Return Envelope
Ballot Packets
Supplemental Packets Processing
Instruction Sheets
Secrecy Sleeve
Pre-Marked Test Deck
Car Rental
Ballot Team Mileage
Postage
Freight Charges
Postage Out-Bound
Mail Ballot Tem[! Personnel Costs
Ballot Processing Temp Staff
Signature Verificat ion Temp Staff
Temp Staff Background Check
17,219
15
44.3%
76
7,552
11,611
99
Qty.
17 ,219
17,219
17,219
3
17,219
17,219
1
7,552
7,552
17,219
17,219
Qty.
7,552
7,552
7,552
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Unit Cost
0.05
0.14
0.80
30 .00
0.04
0.04
110 .16
0.06
0.0 1
Sub Total
0.0012
0.10
Sub Total
Unit Cost
0.81
0.09
0.04
Sub Total
Mail Ballot Election Expense Estimate
I Mail Ballot Cost per Vote Cast
Page 1
•
Tota'I '
$ 860 .95
$ 2,324.57
$ 13,775 .20
$ 90 .00 • $ 602 .67
$ 688 .76
$ 110 .16
$ 431.79
$ 57 .35
$ 18,941.44
$ 20 .65
$ 1,727.07
$ 1,747 .71
Total
$ 6, 150.03
$ 678 .31
$ 283.22
$ 7, 111.56
$ 27,800.71
$ 3.68) •
ATTACHMENT A· CONT .
• VSPC Costs
EguiRment & SURRlies Qty. Unit Cost Total
WIFI Connection 76 $ 0.04 $ 2.87
Laptop Computers 76 $ 4.02 $ 306 .97
iPad Rental 76 $ 0.74 $ 56.29
Machine Seals 76 $ 0.08 $ 6.30
Dymo Labels 76 $ 0.01 $ 0.63
VSPC Supplies 76 $ 0.58 $ 44.08
VSPC Ballots 76 $ 2.91 $ 221.87
Blank Stock for BOD 76 $ 0.27 $ 20.97
Toner for BOD 76 $ 0.59 $ 45 .34
Provisional Ballot Envelope 76 $ 0.21 $ 15 .68
Machine Delivery 76 $ 0.52 $ 39 .92
Sub Total $ 760.91
Personnel Costs Qt~. Unit Cost Total
VSPC Election Judges 76 $ 6.52 $ 497.45
Election Judge Background Check 76 $ 0.88 $ 67.19
Sub Total $ 564.65 • VSPC Election Expense Estimate $ 1,325.56
I VSPC Cost per Vote Cast $ 17.38 I
Other Costs
Additional Costs Qty. Unit Cost Total
Ballot Bridging 1 $ 80 .00 $ 80 .00
UOCAVA Online Ballot Marking Tool 99 $ 0.01 $ 0.99
Sub Total $ 80.99
Notices Qty. Unit Cost Total
TABOR Printing 11 ,611 $ 0.36 $ 4,179 .96
TABOR Postage 11 ,611 $ 0.10 $ 1, 161 .68
Not ice of Election 1 $ 60 .00 $ 60 .00
Sub Total $ 5,401.64
Total Election Expense Estimate $ 34,608 .90 • Less Cost Shared by Coordinating School Districts & State $ (17,685.35)
Estimate of Total Due to Arapahoe County $ 16,923.55
Page 2
Secretary of State Attachment B.
2015 Election Calendar
Coordinated Election: November 3, 2015
~ ·:·r. · .. \' .'.'' . i c-·: ... ,·. ... _, December;.2014·_.c;.·';:, t'. i<·:o' .,.,, .. ····,, .'; .. '\ .·" .;-· .·.·'':',; ... , .. _ .. . .:··, . ' ... -,.
3-December
First date for meeting of the title board. (No sooner than the first Wednesday in December after an election). 1-40-106(1)
l!Wednesdavl
4-December Last day for the Secretary of State to compile and total returns from all counties and complete statutory recounts, 1-10-103(2)
(Thursday) if any. (30 days after the General Election) 1-10.5-102(2)
5-December Last day an Interested party may request a recount of the results of the General Election at their own expense . 1-10.5-106(2)
(Friday) (Within 31 days after the election)
11-December Last day to complete a requested recount by an interested party. (No later than the 37th day after the Gene r al
1-10.5-106(2)
(Thursday) Election)
.. ·'. ... • ,.· .. ·····'.· .·.····' ·,.·.,'.'; . January; 201s.'·,,; > : ;·.,. ·. r. ··:,> c/.·::;, ,, .<' ., ,· .. . .-: :·. ..
2-January Last day for Secretary of State to generate a list of electors showing who voted and who did not vote in the 1-2-305
(Friday) election . 1-1-106(5)
9-January
Last day for state office holders/appointees to file personal financial disclosures, or update form.
24-6-202(4)
(Friday) 1-1-106(5)
14-January
Last day for General Assembly to convene 2015 regular session . Art. V, Sect. 7
(Wednesday)
:'; ' · .. / ".' February; 2015' -c · ' : : .. ·· •: ._.,. >'((·,.·: \::-'· /·
2-February Deadline for the county clerk and recorder to provide the county chairpersons of the maj or political parties with a
1-2-605(8)
(Monday) list of records cancelled under the NVRA . (no later than 90 days after the general election)
'•
·.·
27 -February Deadline for the Secretary of State to distribute a free list of who voted in the 2014 general election to each major
1-2-305(4); 1-1-106(5) (Friday) and minor political party. (no later than March 1 following the general election)
' . ·. .. ... ; : :; April~ 2015'',> · : .. ,; ':' . ,,.· ..... ' ":.i ·1.·· . ... ' ,,,,,. . •' .·
3-April Last day to submit a draft to the Secretary of State of a 2015 proposed in it iative to be heard by the Title Board If 1-40-106(1)
(Friday) the i nitiative is to be voted on In November. (by 3 :00pm, 12 days before the last Title Board Hearing)
15-April
Last Title Board Hearing for measures that will appear on the 2015 Coo rdinated election ballot. 1-40-106(1)
(Wednesday)
·:. ,.·' ···-··:. . ·' .. May1.201S"'1'-': <'. . ,,:;/ ;):cirif; :\< .. ..,.., ·.··· ... '<'.· i: ,!; ...·.,.:, ... '\: -. . "
14-May
The General Assembly must adjourn no later than this date. (regular sessions must not exceed 120 calendar days) Art. V, Sect. 7
(Thursday)
~;· ....... ·.· .. .x. •.
June, 201s-~r< to-,, ···-···· ,· ··, .............. ,.,··.·· _,.:-,
-... ' .'··· ' .•·
1-June Last day for the Secretary of State to notify county clerks of qualified political organizations ' loss of qualified
Rule 3 .7
(Monday) status. (no later than June 1 of each odd-numbered year)
.. . ':·.,.;·, .. , <.-.-..... July, 2015 '· ·::: · · , '•· .,\· .·•·"· . ;
24 -July If a political subdivision has taken formal action to participate In the Coordinated Election, it must notify the 1-7-116(5)
(Friday) county clerk in writing. (100 days before the election, if the governing body has taken formal action) 1-1-106(5)
.. ' ... . ·· > -:: .. August, 2015 ;. /< .. . ; -'.-.· .·.,,, , . ..,,, :· •. -·< . . . ..•. · . ....
3-August Last day to file an initiative petition with the Secretary of State for the 2015 Coordinated Election . (no later than Art. V, Sect . 1(2)
(Monday) 3 :00 PM , at least 3 months before the election) 1-40-108
3-August Last day to file an addendum to a previously filed initiative petition that was deemed insufficient. (within 15 days Art. V, Sect. 1(2);
(Monday) after determination of insufficiency, but no later than 3 :00pm at least 3 months before the election) 1-40-117(3)(b)
5-August Last day for the county clerk to submit a mail ballot plan to the Secretary of State . (no later than 90 days before 1-7.5-105(1)
(Wednesday) the election) Rule 7 .1.1
5-August Last day to designate Voter Service and Polling Centers and Drop Off Locations for the 2015 Coordinated election
Rule 7 .9 (Wednesday) and submit accessibility surveys to the Secretary of State. (no later than 90 days before the election)
5-August First day a cand idate for the office of school district director may circulate a nomination petition . (no sooner than
1-4-803(1)(b) (Wednesday) 90 days before the election)
20 -August Last day for the Secretary of State to give written approval or disapproval to a submitted mail ballot plan, if the 1-7.5-105(2)(a)
(Thursday) plan was filed on August 5th . (within 15 days after submission of the plan) Rule 7 .1
25-August Deadl i ne for the county clerk and coord i nating politi cal subdivisions to sign intergovernmental agreements for the
1-7-116(2) (Tuesday) 2015 Coordinated Election . (no later than 70 days before the election)
Last updated : 6/1/2015
Use this as a reference guide only. Always refer to the Colorado Constitution,
Revised Statutes, and Secretary of State Rules for applicable provisions. Page 1of4
• ..
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Secretary of State 2015 Election Calendar Coordinated Election : November 3, 2015
28-August Last day for candidates for the office of school district director to file a nomination petition. (no later than 67 days
(Friday) before the election)
31 -August Last day to file an affidavit of intent to run as a write-in candidate for a non-partisan coordinated election . (by
(Monday) close of business on the 64th day before the election)
., September,_2915 ·· · . . ' -~·:: .. . ·r:'=· .:-..... <.: . ::: ... · ,_ .. . ' '·.
2-September Last day for the Secretary of State to Issue statements of sufficiency or insufficiency for initiative petitions filed on
(Wednesday) August 3rd . (no more than 30 calendar days after the petition is filed)
Last day for the designated election official from each political subdivision that intends to conduct an election to
4-September certify the ballot content. If the election will be coordinated with the county, the certification must be delivered to
(Friday) the county clerk and recorder of each county that has territory within the political subdivision . (no later than 60
days before the election)
4-September Deadline for the county clerk to file security and contingency plans with the Secretary of State . (no later than 60
(Fridav) days prior to the first election where the procedures will be used)
4-September Deadline for the county clerk to begin video surveillance of designated areas for the Coordinated Election (at least
(Friday) 60 days before the election)
4-September Last day for the Secretary of State to send notice and certification of the Coordinated election ballot to the county
(Friday) clerks. (no later than the 57th day before the Coordinated Election)
9-September Last day for the designated election official to submit a mail ballot plan to the Secretary of State to conduct a
nonpartisan election by mall ballot if the jurisdiction is not coordinating with the county clerk . (no later than 55
(Wednesday) days before the election)
18-September Last day to file pro/con comments pertaining to local ballot issues with the designated election official In order to
(Friday) be included In the ballot issue notice. (the Friday before the 45th day before the election)
19-September Deadline to send mail ballots to military and overseas electors. (no later than 45 days before the election)
(Saturday)
21-September Last day for a petition representative to submit a summary of comments in favor of their local ballot issue. (no
(Monday) later than 43 days before the election)
22-5eptember Last day for the des ignated election official to deliver ballot issue notices to the county clerk . (no later than 42
(Tuesday) days before the election)
24-September Last day for the designated election official to order registration and property owner records for use by election
(Thursday) judges in a local election that Is not coordinated with the county. (no later than the 40th day before the election)
24-September Last day for the Secretary of State to give written approval to a mall ballot plan submitted by a designated election
(Thursday) official for a nonpartisan election, if plan was filed on September 9th . (within 15 days after submiss ion of the plan)
·. ' October; 2015 . .. ··.:
I . · .. ... : .. .
2-0ctober
(Friday)
Last day to mail notice of election for ballot issues . (At least 30 days before a ballot issue election)
2-0ctober Last day for the Legislative Council staff to print and distribute the ballot information booklet for statewide
(Frid av) measures to active registered voters. (At least 30 days before the election)
Deadline for the county clerk to provide initial registration lists, and county assessor to provide initial property
2-0ctober
(Friday) owner's list ordered by political subdivisions . (first list provided by the 30th day before the election and the
supplemental list provided the 20th day before the election)
9-0ctober Deadline to complete changes in the boundaries or division of precincts for nonpartisan elections. (No later than
(Friday) 25 days prior to the election)
12-0ctober Last day to submit an application to register to vote through a voter registration drive for the Coordinated
(Monday) Election . (No later than 22 days before the election)
12-0ctober First day mail ballots may be sent to voters, except for UOCAVA voters .
(Monday)
14-0ctober
Deadline for the county clerk and recorder to provide supplemental registration lists, and county assessor to
(Wednesday)
provide supplemental property owner's list ordered by political subdivisions. (no later than 20 days before the
election)
14-0ctober Last day for the designated or coordinated election official to publish notice of the Coordinated Election. (no later
(Wednesday) than 20 days before the election)
Last updated : 6/1/2015
Use this as a reference guide only. Always refer to the Colorado Constitution,
Revised Statutes, and Secretary of State Rules for applicable provisions.
1-4-803(2)
1-4-1102(2)
~ .. '' .: '· .··. .. ....... ..
1-40-116(2)
1-5-203(3)(a)
1-5-616(5)(b)
Rule 20.7.2
1-5-203(1)
1-1-106(5)
1-7.5-105(1)
1-7-901(4)
1-8.3-110(1)
1-1-106(5)
1-7-903(3)
1-7-904
1-5-303(1)
1-5-304(1). (2)
1-7.5-105(2)(a)
... : .
Art. X, Sect . 20(3)(b)
1-7-116
1-1-106(5)
Art. V, Sect .1(7 .5)(b)
1-1-106(5)
1-5-303(1)
1-5-304
1-7 .5-107(2)(a)
1-1-106(5)
1-5-104(1)
1-2-201(3)(b)(I)
1-7.5-107(3 )(a)
1-5-303(1),(2)
1-5-304(1),(2)
1-7 .5-107(2)(b)
1-1-104(34)
1-5-205(1)
1-7 .5-107(2.S)(a)(I)
Page 2 of 4
Secretary of State 2015 Election Calendar Coordinated Election: November 3, 2015
14-0ctober Deadline for the designated election official to mall a copy of the notice of election to the county clerk of each
(Wednesday) county i n which the political subdivision is located if the election is not coordinated by the county. (no later than
20 days before the election)
14-0ctober Last day to post Voter Service and Polling Center, Polling Location, and Drop-off signs for the Coordinated Election .
(Wednesday) (at least 20 days before the election)
16-0ctober Deadl i ne for the county clerk to send mail ballots to each active elector for the Coordinated Election . (no later
(Friday) than 18 days before the Election)
19-0ctober Last day to appoint board of canvassers for a nonpartisan election that Is not coordinated by the county. If the
(Monday) election i s coordinated, the canvass board will be appointed in accordance with the intergovernmental
agreement. (At least 15 days befo re election)
19-0ctober Last day the designated election official for a munici pal or special district election may ma i l a voter information
card to each household . It may be Included with the ballot issue notice . (no later than 15 days before a (Monday) nonpartisan election)
19-0ctober Counting of mail ballots may begin . No resu lts may be disclosed until after 7 :00pm on Elect ion Day . (15 days prior
(Monday) to the election)
23-0ctober Equipment inventory lists due to t he Sec retary of State . (no later than 10 days before use in the Logic & Accuracy
(Fr iday) Test and the Post-Election Audit Test)
23-0ctober The election notice must be posted i n the designated election official's office . (at least 10 days before the election
5-November. and unti l 2 days after the election)
26-0ctober Last day to submit an application to register to vote through the mail, a voter registration agency, a local driver's
(Monday) license examination facility, or onl i ne to receive a mail ballot for the Coo rdinated Election . (through the 8th day
prior to the election)
26-0ctober First day Voter Service and Polling Centers must be open (At least 8 days before and on election day, except
(Monday) Sunday)
27-0ctober Elections Setup Records are due to the Secretary of State for the Coordinated Election. (No later than 5 :00pm on
(Monday) the 7th day before the election)
30-0ctober
First day Drop-off locations must be open . (At least 4 days before election day, including Saturday) (Friday)
:r/· .. ~;;.,:~' '-~
.. ..... .-_ ·-·• . · Novemb_er;201s ;'·· .... :: _>;·"~-~ .. : ',-:/. ,, :·;, .. ..... :•· .. ..
3-November Coordinated Election
(Tuesday) (Polls open 7 :00am to 7 :00pm . First Tuesday i n November)
3-November All ballots must be i n the hands of the county clerk by 7:00pm on election day In order to be coun t ed . Ballots cast
(Tuesday) by military and overseas voters must be sent no later than 7 :00pm on election day and received by the close of
business on the 8th day after the election .
5-November Deadline for the Secretary of State to notify counties of the voti ng devices and races selected for auditi ng
(Thursday) purposes . (With i n 48 hours after t he close of polls)
5-November Deadline for the county clerk to send miss ing signature, signature verification, and missing ID letters for mail and
(Thursday) provisional. (within 3 days from signature/ID verification but no later than 2 days after election day)
12-November Last day for ballots cast by military and overseas electors to be received by the county clerk in order to be
(Thursday) counted . (no later than the 8th day after election day)
12-November Last day for elector to cure signature discrepancy or missing signature, or to provide m i ss ing ID for mail and
(Thursday) provisional ballot to be counted . (with i n 8 days after election day)
17-November
Last day for verification and counti ng of provisional ballots to be completed . (with in 14 days after electi on day) (Tuesday)
20-November
Deadline to complete the canvass for the Coordinated Election . (no later than the 17th day after the election) (Friday)
20-November Deadline for the county clerk to report the results of the post-election audit to the Secretary of State. (no later
(Fr iday) than 5 :00pm on the last day to canvass)
20-November Deadline to submit offici al Abstract of Votes for the Coord i na t ed Election to the Secretary of State . (no later than
(Friday) the 18th day after the election)
December, 2015, ... .. ... ' .
3-Decembe r Last day for the Secretary of State to compile and total returns from all co unties and order appropriate recounts, if
(Thursday) any . (No later than the 30th day after the Coordinated Election)
Last updated : 6/1/2015
Use this as a reference guide only. Always refer to the Colorado Constitution,
Rev ised Statutes, and Secretary of State Rules for applicable provisions.
1-5-205(1},(2)
1-5-106
1-7.5-107(3)(a}(I}
1-10-201(1)
1-5-206(2}
1-10-101
1-7.5-107 .5
Rule 11 .2.3
1-1-106(5)
1-5-205(1.3)
1-1-106(5)
1-2-201(3)(b)(lll}
1-7.5-107(4.5)(c)
Rule 11.4
1-7.5-107(4 .3)(b)
. '
'··' ''-··
Art. X, Sect . 20(3)(a)
1-1-104(6.5)
1-7-101
1-41 -102(1)
1-7.5-107(4)(b}(ll}
1-8.3-111
1-8.3-113 (1), (2)
Rule 11 .3.3(a)
1-7.5-107(3.S)(d)
1-7.5-107.3(2}(a)
1-8.5-105(3 )(a)
1-8.3-113(2}
1-1-106(4)
1-7.5-107(3.S)(d)
1-7.5-107.3(2)(a)
1-8.5-105{3)(a)
1-1-106(4)
1-8.5-105(5)
1-10-102(1)
Rule 11.3 .3(m)
1-10-103
1-1-106(5)
· .
1-10-103(2)
1-10.5-102
Page 3 of4
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Secretary of State 2015 Election Calendar Coordinated Election : November 3, 2015
4-December First day the county clerk may stop video surveillance of designated areas for the Coordinated Election. (through Rule 20.7 .2 (Thursday) at least 30 days after the election, unless there is a recount)
4-December Last day an interested party may request a recount of the results of the Coordinated Election at their own 1-10.5-106 (2)
(Friday) expense. (within 31 days after the election)
10-December Last day to complete a requested recount. (no later than the 37th day after the Coordinated Election) 1-10.5-106 (2)
(Thursday)
·: ,:·, :.: Janua,.Y, 2016 , .... : .. ·:· ... " .S .·· • .. '.·,
' ·' '·
Deadline to be affiliated with a major or minor party to run as a party candidate. (Note: For major-party assembly
1-4-601(4)(a)
4-January 1-4-801(3)
(Monday) designation, this deadline may be dictated by party rules .) 1-4-802(1)(g)(ll)
Deadline to be unaffiliated to access the ballot by petition as an unaffiliated candidate . 1-4-1304(2)(b)
4-January Last day to affiliate with a political party In order to vote in the precinct caucus if held on March 1. (2 months 1-3-101(1)
(Monday) before the precinct caucus)
13-January General Assembly to convene 2016 regular session . Art. V, Sect. 7 (Wednesday)
8-January Deadline to submit a petition to qualify as a minor political party. (Must be signed by at least 10,000 registered 1-4-1302(1)
(Friday) electors and submitted to the Secretary of State no later than the second Friday In January)
29-January Last day for Secretary of State to issue a statement of sufficiency/insufficiency regarding petition to qualify as a 1-4-1302(4)(b)
(Friday) minor political party, if petition is received on January 8 (No later than 21 days after receipt)
• An insufficient petition to qualify as a minor political party may be amended once prior to 3 p.m. on the 7th day 1-4-1302(4)(c)
after the notice of insufficiency .
Last updated : 6/1/2015
Use this as a reference guide only. Always refer to the Colorado Constitution,
Revised Statutes, and Secretary of State Rules for applicable provisions. Page 4 of 4
Attachment C.
2015 Coordinated Election • Abridged Calendar
Key Dates for Coordinating Jurisdictions
Resource provided by Arapahoe County Elections. Use this as a reference guide only.
Always refer to the Colorado Constitution, Revised Statutes and Secretary of State rules for applicable provisions.
Find a complete election calendar at: www.sos.state .co.us/pubs/elections/calendars/2015ElectionCalendar.pdf
31-Jul
5-Aug
5-Aug
County Clerk to provide copy of legal boundaries to
jurisdiction
First day candidates for School District Director may
circulate nomination petition (90 days prior)
Last day for County to provide mail ballot plan to Secre-
tary of State (90 days prior)
14-Aug :::; ·Jurisdiction fo certify legal boundaries to County Clerk ···
'.25-Aug Las(qay .. fQr. county Cler~ ahd COQ~din~ting jurisdictions: .
:;,:··· .. · ;.:, 'tb sigh~intergovernmental agreement (70 days .prior)}\~·.··
28-Aug Last day candidates for School District Director may file
nomination petition (67 days prior)
31-Aug Last day for write-in candidates for non-partisan election
to file affidavit of intent (64 days prior) __ __.._
Deadline to can'cel participation in a coordinated elec-
tio·n (63 days prior)'' ::»; · : : : ·: .: · .-.. ,
4-Sep, Last day for coorciirfating Jurisdictions to certify ,ballot .
content to county Clerk (60 days ' pribr)<<. ,. ' ...
IGA Agreement
1-4-803(1 )(b)
1-7.5-105(1);
Rule 7.1.1
IGA Agreement
-1~7;1 _1~(2)•···
:.:
1-4-803(2)
1-4-1102(2)
·1-5-?03(3)(a) ·.
4-Sep Candidates must record their name exactly as it appears Rule 4.6.2
on the statement of intent, and must provide the record-
ing to the county clerk no later than the deadline to file
the statement of intent.
:18-Sep Deadlih~ to filf:l )ABQR pro/~on statements with juri~dic~ 1-7-901 (4).
tion~ DEO (Friday before 45th day before the election) ' ·
19-Sep Deadline to send mail ballots to military and electors
(45 days prior)
~1 :-s~p . · Deadl'inefor a pe.tition representative to file pro state~·
ments'.with Jurisdietion DE0(43 days prior). · ·. · · · -· ·
1-8.3-110(1);
1-1-106(5)
1-7-903(3)
22-Sep ... Deadlineforjurisdictiori to _fileTABOR issue notices with · 1-7-904
.. . county clerk (42 days prior) . . . .• .
.24,-Sep Deadline for jurisdlc:tion t() order registratiqn and proper-1 ~5-303(1) ·
ty .owner recorq~ if not, coordinating with C:ounty _(40 -days .. · .··
prior): .· · ' .. ·· · · •: · · 0 ·· : ' ' •, · .. ·• .
County Clerk
Candidate
County Clerk
Jurisdiction
·Jurisdiction,
County Clerk
Candidate
Candidate
Jurisdiction
Candidate
Voters ,
Jurisdiction
County Clerk
·· Voters,
·Jurisdiction
Jurisdiction
Jurisdiction
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2-0ct Deadline to mail TABOR notices (30 days prior) Article X, Sec. 20(3)
(b);
2-0ct
TBD
Clerk and Assessor provide registration list and/or prop-
erty owner list ordered by jurisdictions (30 days prior)
Public Logic and Accuracy Test of Voting Equipment
12-0ct Deadline to register to vote by Voter Registration Drive
12-0ct First day mail ballots may be sent to voters, excluding
UOCAVA (22 days prior)
13-0ct County ballot drop-off locations and pick-ups begin
14-0ct Clerk and Assessor provide supplemental registration
list and/or property owner lists ordered by jurisdictions
(20 days prior)
1-7-116;
1-1-106(5)
1-5-303(1);
1-5-304;
1-7.5-107(2)(a)
1-2-201 (3)(b )(I)
1-7.5-107(3)(a);
1-5-303(1 ),(2);
1-5-304(1),(2);
1-7.5-107(2)(b)
14~0ct .Deadlin~to .sendelectiorrnotice ~fo ·c:ounty cler.k if not •::. 1-5~205.(1),(2): · .. ·-.:>> co6rciinating with ·cou11tY (20 ciays) ·· . . _ ~:: ... ··· · ._--t>;;\ · ·. · ·
19-0ct Counting of ballots may begin (15 days prior) 1-7.5-107.5
23-0ct Notice of election to be posted (1 O days prior to election 1-5-205(1 .3);
and 2 days after election) 1-1-106(5)
· .. , ' ,·
County Clerk
County Clerk
County Clerk
Voters
County Clerk
County Clerk
County Clerk
County Clerk,. •
Jurisdiction ·
Jurisdiction ·
County Clerk
County Clerk
26-0ct County Voter Service & Polling Centers (VSPCs) open 1-7.5-107(4.5)(c) County Clerk
26-0ct
27-0ct
31-0ct
3-Nov
12-Nov
12-Nov
20-Nov
4-Dec
Last day to register to vote through the mail, agency,
motor vehicle, or online and receive a ballot by mail
Last day to apply for and be mailed a mail-in ballot
(7 days prior)
Saturday mail ballot drop-off sites open
Coordinated Election Day
(Voter Service and Polling Centers and Ballot Drop-Off
locations open 7 a.m. -7 p.m.)
Last day for military and overseas ballots to be received
by Clerk in order to be counted (8 days after election)
Last day for electors to cure signature discrepancy or
missing signature, or to provide missing ID for mail and
provisional ballots to be counted . (8 days after election)
Deadline to complete the canvass for the Coordinated
Election. (17 days after election)
Last day for interested party to request a recount at its
own expense.
10-Dec Last day to complete a requested recount.
1-2-201 (3)(b)(lll) Voters
1-7 .5-116(3) Voters
1-5-102.9(4)(b)(l)(B) County Clerk
Art.X, Sec. 20(3)(a);
1-1-104(6.5);
1-7-101;
1-41-102(1)
1-7.5-107(3.5)(d);
1-7.5-107 .3(2) (a);
1-8.5-105(3)(a);
1-1-106(4)
1-8.3-113(2)
1-1-106(4)
1-10-102(1)
1-10.5-106(2)
1-10.5-106(2)
County Clerk,
Voters
Voters
County Clerk,
Voters
County Clerk
Any
County Clerk
•
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ORDINANCE NO.
SERIES OF 2015
BY AUTHORITY
COUNCIL BILL NO. 31
INTRODUCED BY COUNCIL
MEMBER OLSON
AN ORDINANCE APPROVING AN INTER GOVERNMENT AL 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
CIVIC CENTER.
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 1000
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 XIV,
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" .
1
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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.
Randy P. Penn, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
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._, Series of 2015.
Loucrishia A. Ellis
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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 f/lt.lr/~Al f/t!JAJV/~10~ of the State of Colorado, whose address is_
/trl)ldJ'-tttJ~f) MIUM'~ ~lldAJ!>bt:J/P jpJ/f) (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 HB13-1303 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. 1505-1:7.5.1, 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 .
E x ...
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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:
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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 aJO E AJ l!7 t£.tUtJof) f>A-1?.?Nk-}
l-tJGuN/12 b I C£; 8' ()I I 0
Attn: t-Ptl. 812/;ttJA A. l L-ll~ e;rY {JUI.~/C--1
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:
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF ARAPAHOE
By:
Chair, Board of County Commissioners
(or representative authorized by resolution)
-~~~~~~~~~~~-
Clerk to the Board
CITY OF ENGLEWOOD
By:
Title: N A-'I !J Z
ATTEST:
Title: ~/TY t!lf.R.)L
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• Exhibit A
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5
• ORDINANCE NO.
SERIES OF 2015
BY AUTHORITY
COUNCIL BILL NO. 23
INTRODUCED BY COUNCIL
MEMBER GILLIT
AN ORDINANCE VACATING THE BROADWAY PLANNED DEVELOPMENT AND
ZONING THE AREA MU-R-3-B
WHEREAS, the subject property of the Planned Development is located at the southeast
boundaries of the City of Englewood, at South Broadway and South Broadway Circle. Areas to the
north and east are with the cities of Littleton and Greenwood Village and are mostly residential in
nature, surrounding areas to the west and south are within the City of Englewood city limits and
are zoned MU-R-3-B; and:
WHEREAS, in 1972 the City established Planned Development (PD) regulations as an overlay
that superimposed additional development regulations upon base zone districts; and
WHEREAS, at that time, development in the R-3 zone district of four or more units required a
PD; and
WHEREAS, the Broadway PD was brought before the Planning and Zoning Commission on
• February 22, 1984, the underlying zone district was R-3, High Density Residential, and
•
WHEREAS, an amendment to the PD was filed July 26, 1984 to reduce the number of buildings
from 24 to 13 while increasing the number of dwelling units from 290 to 312; and
WHEREAS, the amendment to the PD was approved. On May 14, 1985 an administrative
amendment to the Plan was granted for Building 7. The amendment was to accommodate
engineering problems with the building; and
WHEREAS, October 8, 1985 an amendment to the plan was submitted to add a new tennis court;
and
WHEREAS, in 1996 the PD overlay district regulations were repealed and replaced with the
Planned Unit Development (PUD) regulations; and
WHEREAS, pursuant to the PUD regulations: "PD developments approved prior to July 1, 1996,
shall continue to be governed by the respective development plans and regulations for the underlying
zone districts"; and
WHEREAS, the owners of the property would like to update the communal club house and
recreation facility, as well as construct a new amenity building, and
WHEREAS, the PD was required due to code requirements that any development of four or
more units be developed under the PD process. The 1984 development fully complied with the R-3
District requirements. These code requirements no longer exist; and
1
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WHEREAS, the proposed changes would be an administrative review under the current MU-R-
3-B zone district requirements . However, due to the required original PD of 1984, a formal request is •
required for this change and any other change, regardless of the scope of work; and
WHEREAS, the overlay PD adds time and expense to the property owner because any
development change would require an amendment to the PD; and
WHEREAS, allowing future development to be reviewed under the requirements of the MU-R-
3-B base zone district would be consistent with the reviews for most other properties in the City; and
WHEREAS, following the required Public Hearing on April 21, 2015 the Planning and
Zoning Commission considered public testimony and voted 8 to 2 in favor of forwarding the
proposed Planned Development vacation to City Council.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. The Broadway Planned Development is vacated.
Section 2. The area underlying the Broadway Planned Development shall be zoned MU-R-3-B.
Introduced, read in full, and passed on first reading on the 18th day of May, 2015.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 21st day of
May,2015. •
Published as a Bill for an Ordinance on the City's official website beginning on the 20th day of
May, 2015 for thirty (30) days.
A Public Hearing was held on July 6, 2015.
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.
Randy P. Penn, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
2
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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._, Series of 2015.
Loucrishia A. Ellis
3
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ORDINANCE NO.
SERIES OF 2015
BY AUTHORITY
COUNCIL BILL NO. 28
INTRODUCED BY COUNCIL
MEMBER JEFFERSON
AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE
CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION ON
NOVEMBER 3, 2015, AUTHORIZING THE FUTURE SALE OF MCLELLAN RESERVOIR
PROPERTY AT THE END OF A NOT LESS THAN 20 YEAR LEASE TERM.
WHEREAS, the City of Englewood ("City") is a hone-rule municipality organized and
existing under the provisions of the Colorado Constitution Article XX; and
WHEREAS, the Englewood McLellan Reservoir Foundation was formed to oversee the
development of the McLellan Reservoir property; and
WHEREAS, the Englewood McLellan Reservoir Foundation established covenants or use
restrictions on all lands within the development area to ensure a consistent high level of
development; and
WHEREAS, Englewood McLellan Reservoir Foundation's primary function is to provide
protection to the McLellan Reservoir's water quality; and
WHEREAS, Englewood McLellan Reservoir Foundation has previously leased property in
Highlands Ranch Planning Areas 84 for auto uses, and in Planning Area 85 for a charter school; and
WHEREAS, the Board of Directors of the Englewood McLellan Reservoir Foundation believes
that a future sale will provide for development of PA 81, PA 84, PA 85 and PA 87, that, due to sizes,
the complexity and cost of development, might not otherwise be developed in the near future; and
WHEREAS, leasing for not less than 20 years prior to the sale of the property will provide even
greater protection to the McLellan Reservoir's water quality when compared to development without
the restriction; and
WHEREAS, an affirmative vote of the citizens of Englewood is required to accomplish a sale under
the Englewood Home Rule Charter; and
WHEREAS, the Englewood McLellan Reservoir Board recommends the voter approval
authorizing the future sale ofMcLellan Reservoir property PA 81, PA 84, PA 85 and PA 87,
following the termination of an initial lease term of not less than twenty years.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
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Section 1. There is hereby submitted to the registered electors of the City of Englewood at the •
next scheduled municipal election on November 3, 2015 a question, to read as follows:
Question No. __
Shall the Englewood City Council be allowed, by Ordinance, to sell
Utility Department property described in Council Bill No . 28, Series of
2015, held in Douglas County at the end of the initial lease term; the
initial lease term being not less than twenty years?
___ Yes ___ No
Section 2. Each elector voting at said election and desirous of voting shall indicate his/her
choice by depressing the appropriate counter of the voting machine or by the appropriate marking
upon paper ballots where used.
Section 3. The proper officials of the City of Englewood shall give notice of said next
scheduled municipal election, such notice shall be published in the manner and for the length of
time required by law, and the ballots cast at such election shall be canvassed and the result
ascertained, determined, and certified as required by law.
Section 4. The property listed as PA 81, PA 84, PA 85 and PA 87 in Exhibit A, may be sold
after the initial lease term of not less than twenty years.
Section 5. If any section, paragraph, clause, or other portion of this Ordinance is for any
reason held to be invalid or unenforceable, the invalidity or unenforceability shall not affect any
of the remaining portions of this Ordinance.
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.
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Published by title on the City's official website beginning on the 22nd day of
July, 2015 for thirty (30) days.
Randy P. Penn, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
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._, Series of 2015 .
Loucrishia A. Ellis
3
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ORDINANCE NO.
SERIES OF 2015
BY AUTHORITY
COUNCIL BILL NO. 29
INTRODUCED BY COUNCIL
MEMBER GILLIT
AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE
CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION ON
NOVEMBER 3, 2015 A PROPOSED AMENDMENT TO ARTICLE II, SECTION 14
"SPECIAL ELECTIONS" OF THE ENGLEWOOD HOME RULE CHARTER.
WHEREAS, Article II, Section 14, of the Englewood Home Rule Charter addresses the time
frame for special elections; and
WHEREAS, pursuant to Colorado Revised Statutes §1-13.5-110, Special elections-"Special
elections must be held on such date as may be provided by law by the local government calling the
special election."
WHEREAS, the Englewood Home Rule Charter states "No special election shall be held within
• forty-five (45) days before or after a general municipal or state election."; and
•
WHEREAS, holding a special election 45 days prior to a general municipal or state election
becomes problematic causing election administration problems; and
WHEREAS, Arapahoe County is willing to work with the City in the event of a call for a special
election but from late August Arapahoe County equipment is tied up; and
WHEREAS, Arapahoe County has procedures, equipment and best practices in place to facilitate
a mail ballot election, such as the ability to provide signature verification; and
WHEREAS, the passage of this ordinance will amend Article II, Section 14, of the Englewood
Home Rule Charter to read: "No special election shall be held within ninety (90) before or 45 days
after a general municipal or state election"; and
WHEREAS, the longer time period will ensure the City is not forced to hold a Special Election
too close to the November election;
WHEREAS, the longer time period will enable the City to contract with Arapahoe County for
election services; and
WHEREAS, the City Clerk met with the Englewood Election Commission and recommended a
change from 45 days before to 90 days; and
WHEREAS, the Election Commission voted to support the change .
1
11 b iii
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. There is hereby submitted to the registered electors of the City of Englewood at the
next municipal election on November 3, 2015, a proposed amendment to the Charter of the City of
Englewood, Article II, Section 14, to read as follows:
Question No. _
Shall the Home Rule Charter of the City of Englewood, Article II, Section 14, be amended to read as
follows:
ARTICLE II. ELECTIONS
14: Special elections.
(1) General Provisions. Subject to the limitations imposed by this Charter, Council
may call special elections as necessary either by resolution or by ordinance. Notice of
such special elections shall be published and shall cite the section of this Charter which
governs the proposition to be submitted to the electors. No special election shall be held
within forty five ninety(# 2Q) days before or forty-five (45) days after a general
municipal or state election. General state elections may be used for submission of city
propositions, except as limited by this Charter, and shall not be considered as special
elections for city purposes. Any proposal, question or proposition may be submitted at
any general or special municipal election except as hereinafter limited. The ballot for all
elections, except election of officers, shall state briefly the nature of the proposition and
shall provide appropriate means to vote for or against the proposition.
(2) Number, Limited.
A. Not more than one special election shall be held, under provisions of Section
46 ofthis Charter, during any twelve month period; provided, however, that
proposed initiated ordinances, questions or measures may be submitted
at any general municipal or state elections, or at special elections
called under provision of other sections of this Charter as limited in
Section 14(3) hereof.
B. Any proposition submitted under Section 77 ofthis Charter shall not again
be submitted under Section 77 for one year thereafter.
(3) Subject, Limited. Elections held under provisions of Section 6, Section 77 and
Section 104 of this Charter shall be held separate and apart from all other elections and
shall be limited to submission of only one proposition in any one election.
Yes ___ No
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Section 2. Each registered elector voting at said election and desirous of voting shall indicate
his/her choice by depressing the appropriate counter of the voting machine or by the appropriate
marking upon paper ballots where used.
Section 3. The proper officials of the City of Englewood shall give notice of said next
scheduled municipal election, such notice shall be published in the manner and for the length of
time required by law, and the ballots cast at such election shall be canvassed and the result
ascertained, determined, and certified as required by law.
Section 4. Only if the question is approved by the registered electors of the City of
Englewood shall the Section be amended and the Charter, as amended, certified to the Secretary
of State.
Section 5. For purposes of Section 1-11-203.5, C.R.S., this Ordinance shall serve to set the
title and content of the ballot issue set forth herein and the ballot title for such question shall be
the text of the question itself. Any petition to contest the form or content of the ballot title may
be filed with the District Court and a copy served on the City Clerk within five days after the title
of the ballot question is set by the City Council on final reading of this Ordinance.
Section 6. If any section, paragraph, clause, or other portion of this Ordinance is for any
reason held to be invalid or unenforceable, the invalidity or unenforceability shall not affect any
of the remaining portions of this Ordinance.
Introd~ced, 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.
Randy P. Penn, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
3
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._, Series of 2015 .
Loucrishia A. Ellis
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ORDINANCE NO.
SERIES OF 2015
BY AUTHORITY
COUNCIL BILL NO. 32
INTRODUCED BY COUNCIL
MEMBER WILSON
11 b iv
AN ORDINANCE OF THE CITY OF ENGLEWOOD , COLORADO
APPROVING THE REFINANCING OF A LEASE-PURCHASE AGREEMENT
FOR THE ENGLEWOOD CIVIC CENTER SITE TO PRODUCE AN
AGGREGATE SAVINGS TO THE CITY, AUTHORIZING AND APPROVING
THE DOCUMENTATION RELATING TO THE REFINANCING; AND
DECLARING AN EMERGENCY.
WHEREAS, the City of Englewood (the "City''), in the County of Arapahoe and State of
Colorado (the "State"), is a legally and regularly created, established, organized and existing
municipal corporation under the provisions of Article XX of the Constitution of the State of
Colorado and the home rule charter of the City (the "Charter"); and
WHEREAS , pursuant to Article I, Section 3 of the Charter, the City is authorized to enter
into one or more leases or lease-purchase agreements for land, buildings, equipment and other
property for governmental or proprietary purposes; and
WHEREAS , in order to refinance, among other things, the renovation of the Englewood
Civic Center and the construction, acquisition and installation of various public improvements in
and around the Englewood Civic Center, there were previously executed in the aggregate
principal amount of $18,880 ,000 Refunding Certificates of Participation (Civic Center Project),
Series 2005 (the "2005 Certificates"), evidencing undivided interests in the right to receive
revenues payable by the City under a Master Lease Purchase Agreement dated as of October 1,
2005 (the "2005 Lease"), which 2005 Certificates (i) were delivered under a Mortgage and
Indenture of Trust, as amended and restated dated as of October 1, 2005 (the "2005 Indenture"),
by and between the Englewood Environmental Foundation, Inc., a Colorado non-profit
corporation (the "Corporation") and UMB Bank, n.a., as successor trustee thereunder (the "2005
Trustee"), (ii) are presently outstanding in the aggregate principal amount of $10 ,460 ,000, (iii)
bear interest at rates ranging from 3.90% to 4.50% per annum , and (iv) are currently subject to
optional redemption upon 30-days prior notice to the holders of the 2005 Certificates; and
WHEREAS, based upon discussions with Public Financial Management, Inc., as the
City's financial advisor, the City has determined that a material savings can be realized by the
City through the payment and cancellation of the outstanding 2005 Certificates with proceeds
generated from the issuance of Refunding Certificates of Participation (Civic Center Project),
Series 2015 (the "2015 Certificates") pursuant to a Mortgage and Indenture of Trust between the
Corporation and the Trustee (the "2015 Indenture") which is secured by a mortgage on the Civic
Center Building located at 1000 Englewood Parkway in the City, and a request for proposals has
been distributed to banks and financial institutions for consideration by the City in connection
with the refinancing; and
4 849-959 2 -4 773.1 1
WHEREAS, the 2015 Certificates, if and when issued, will evidence undivided interests
in the right to receive certain revenues payable by the City under a Lease Purchase Agreement by •
and between the City and the Corporation (the "2015 Lease"), which 2015 Lease will be
substantially similar to, and replace, the 2005 Lease (all capitalized terms used and not otherwise
defined in the recitals hereof shall have the respective meanings assigned in the 2015 Lease); and
WHEREAS, the Base Rentals and Additional Rentals (both as defined in the 2015 Lease)
payable by the City shall constitute currently appropriated expenditures of the City and shall not
constitute a debt or multiple fiscal year direct or indirect debt or other financial obligation
whatsoever of the City or a mandatory charge or requirement against the City in any Fiscal Year
(defined in the 2015 Lease) beyond the Fiscal Year for which such payments have been
appropriated; and
WHEREAS, the 2015 Certificates shall evidence undivided interests in the right to
receive Lease Revenues (defined in the 2015 Indenture), shall be payable solely from the Trust
Estate (defined in the 2015 Indenture) and no provision of the 2015 Certificates, the 2015
Indenture, or the 2015 Lease shall be construed or interpreted (a) to directly or indirectly obligate
the City to make any payment in any Fiscal Year in excess of amounts appropriated for such
Fiscal Year; (b) as creating a debt or multiple fiscal year direct or indirect debt or other financial
obligation whatsoever of the City within the meaning of Article XI, Section 6 or Article X,
Section 20 of the Colorado Constitution or any other constitutional or Charter limitation or
provision; ( c) as a delegation of govenunental powers by the City; ( d) as a loan or pledge of the
credit or faith of the City or as creating any responsibility by the City for any debt or liability of
any person, company or corporation within the meaning of Article XI, Section 1 of the Colorado •
Constitution; or ( e) as a donation or grant by the City to, or in aid of, any person, company or
corporation within the meaning of Article XI, Section 2 of the Colorado Constitution; and
WHEREAS, there have been presented to the City forms of the 2015 Lease and the 2015
Indenture; and
WHEREAS, Section 11-57-204 of the Supplemental Public Securities Act, constituting
Title 11, Article 57, Part 2, Colorado Revised Statutes, as amended (the "Supplemental Act"),
provides that a public entity, including the City, may elect in an act of issuance to apply the
provisions of the Supplemental Act; and
WHEREAS, the City Council desires to authorize the necessary actions and documents,
and otherwise proceed with, the lease-purchase refinancing of the Civic Center Building in order
to reduce the future aggregate rental payments scheduled to be made by the City;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO:
Section 1. Authorization of the Lease Purchase Agreement. The 2015 Lease, in
substantially the form and with substantially the content presented to the City, is in all respects
approved, authorized and confirmed. If and only if the execution and delivery of the 2015 Lease
(i) results in a present value savings of not less than six percent, expressed as a percentage
change in the aggregate amount of the Base Rentals (as provided in the 2005 Lease and the 2015
Lease) and computed based upon the arbitrage yield for the 2015 COP to the date of delivery of
4849-9592-4773.l 2
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the 2015 COP, assuming semi-annual compounding, (ii) does not extend beyond calendar year
2023 and (iii) does not provide for Base Rentals in any calendar year that would exceed the Base
Rentals currently set forth in the 2005 Lease, the Mayor, or in the absence of thereof, the Mayor
Pro Tern of the City Council, is authorized and directed, for a period of 120 days following the
effective date of this Ordinance, to execute the 2015 Lease in substantially the form and with
substantially the same content as the form thereof presented to the City, for and on behalf of the
City, but with such changes therein as the Mayor may, on the advise of the City Attorney, deem
necessary or appropriate. Subject to the conditions set forth in this Section, the City Council
hereby approves the leasing of the Leased Property by the City under the terms and conditions of
the 2015 Lease.
Section 2. Approval of Refinancing and Related Documents. The City Council
approves the refinancing of the 2005 Certificates by the Corporation and all necessary actions
relating to such refinancing, including without limitation the conditional call of the 2005
Certificates subject to the issuance of the 2015 Certificates. The City Council elects to apply all
of the provisions of the Supplemental Act. The appropriate officers and officials of the City are
hereby authorized and directed to execute and file an Internal Revenue Service Form 8038-G in
connection with the refinancing, and to execute and deliver any and all additional certificates,
documents, instruments, request for proposals award and other papers, and to perform all other
acts that they deem necessary or appropriate, in order to implement and carry out the transactions
and other matters authorized by this Ordinance, and execution by the parties thereto shall
constitute the City's approval of such documents and certificates in the form so executed.
Section 3. Consent to Assignment and Sale of Proportionate Interests. The City
Council hereby acknowledges and consents to the assignment by the Corporation of all rights,
title and interest of the Corporation, pursuant to the 2015 Indenture, in, to and under the 2015
Lease to the Trustee, and the delegation by the Corporation of all duties of the Corporation under
the 2015 Lease to the Trustee. The City Council hereby acknowledges and approves the
assignment or sale of proportionate interests in rights to receive certain payments under the 2015
Lease.
Section 4. Year to Year Obligations of the City. No provision of this Ordinance, the
2015 Lease, the 2015 Indenture or the 2015 Certificates shall be construed or interpreted (a) to
directly or indirectly obligate the City to make any payment in any Fiscal Year in excess of
amounts appropriated for such Fiscal Year; (b) as creating a debt or multiple fiscal year direct or
indirect debt or other financial obligation whatsoever of the City within the meaning of Article
XI, Section 6 or Article X, Section 20 of the Colorado Constitution or any other constitutional or
statutory limitation or provision; ( c) as a delegation of governmental powers by the City; ( d) as a
loan or pledge of the credit or faith of the City or as creating any responsibility by the City for
any debt or liability of any person, company or corporation within the meaning of Article XI,
Section 1 of the Colorado Constitution; or ( e) as a donation or grant by the City to, or in aid of,
any person, company or corporation within the meaning of Article XI, Section 2 of the Colorado
Constitution.
Section 5. Reasonableness of Rentals. The City Council hereby determines and
declares that the Base Rentals, which shall not exceed $1,500,000 annually, represent the fair
value of the use of the Leased Property, and that the Purchase Option Price, which shall not
exceed $11,000,000, represents the fair purchase price of the Leased Property. The City Council
4849-9592-4 773 .1 3
hereby determines and declares that the Base Rentals do not exceed a reasonable amount so as to
place the City under an economic or practical compulsion to appropriate moneys to make •
payments under the 2015 Lease or to exercise its option to purchase the Leased Property
pursuant to the 2015 Lease. In making such determinations, the City Council has given
consideration to the current market value of the Leased Property, the cost of acquiring,
constructing or equipping property similar to the Leased Property, the uses and purposes for
which the Leased Property is being and will be employed by the City, the benefit to the citizens
and residents of the City by reason .of the use of the Leased Property pursuant to the terms and
provisions of the 2015 Lease, the option of the City to purchase the Leased Property, and the
expected eventual vesting of full title to the Leased Property in the City. The City Council
hereby determines and declares that the leasing of the Leased Property pursuant to the 2015
Lease will result in facilities of comparable quality and meeting the same requirements and
standards as would be necessary if the acquisition of the Leased Property were performed by the
City other than pursuant to the 2015 Lease. The City Council hereby determines and declares
that the duration of the 2015 Lease, including all optional renewal terms, authorized under this
Ordinance, does not exceed the weighted average useful life of the Leased Property.
Section 6. Ratification of Prior Actions. All actions heretofore taken (not inconsistent
with the provisions of this Ordinance) by the City Council and by the officers and employees of
the City directed toward the lease purchase financing for the purposes herein set forth are hereby
ratified, approved and confirmed.
Section 7. Headings. The headings to the various sections and paragraphs to this
Ordinance have been inserted solely for the convenience of the reader, are not a part of this
Ordinance, and shall not be used in any manner to interpret this Ordinance .
Section 8. Severability. It is hereby expressly declared that all provisions hereof and
their application are intended to be and are severable. In order to implement such intent, if any
provision hereof or the application thereof is determined by a court or administrative body to be
invalid or unenforceable, in whole or in part, such determination shall not affect, impair or
invalidate any other provision hereof or the application of the provision in question to any other
situation; and if any provision hereof or the application thereof is determined by a court or
administrative body to be valid or enforceable only if its application is limited, its application
shall be limited as required to most fully implement its purpose.
Section 9. Repealer. All orders, bylaws, ordinances, and resolutions of the City, or
parts thereof, inconsistent or in conflict with this Ordinance, are hereby repealed to the extent
only of such inconsistency or conflict.
Section 10. Declaration of Emergency and Effective Date. The City Council has been
advised that in order for the City to secure a Base Rentals savings due to lower interest rates
currently present in the market, and recognizing that market interest rates are changing materially
from day to day, it is necessary to execute and deliver the 2015 Lease, and facilitate the
refinancing of the 2005 Certificates, soon as possible; therefore, the Council hereby finds and
determines that this Ordinance is necessary for the immediate preservation of public property, ·
health, peace and safety and shall be in full force and effect immediately upon final passage by
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the Council. •
4849-9592-4773.1 4
Introduced, read in full, and passed as an emergency ordinance on first reading, on the
• 6th day of July, 2015.
Published by Title as an emergency Bill for an Ordinance in the City's official newspaper
on the 9th day of July, 2015
Published as an emergency Bill for an Ordinance on the City's official website beginning
on the 8th day of July, 2015.
Read by title and passed on final reading as an emergency ordinance on the 20th day of July,
2015 .
Published by title as an emergency ordinance in the City's official newspaper as Ordinance No.
_,Series of 2015, on the 23rd day of July, 2015.
Published by title as an emergency ordinance on the City's official website beginning on the 22nd day
of July, 2015 for thirty (30) days .
Randy P. Penn, Mayor
ATIEST:
• Loucrishia A. Ellis, City Clerk
•
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 emergency Ordinance passed on final reading and published by title as
Ordinance No._, Series of 2015.
Loucrishia A. Ellis
4849-9592-4773.1 5