HomeMy WebLinkAbout2008 Ordinance No. 044•
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GRDI NA CE NO . 'ti_
SERIES OF 200
BY AU TII ORIT Y
CO CIL BILL NO . 48
INT RODUCED BY COU 'C IL
MEMBER MOO RE
AN ORD INANCE APPR OV IN G AN INTERGOVERNM ENTAL AGREEMENT BET WE EN
THE BOARD OF COMM IS SIONERS OF ARAPAHOE COUN TY , CO LORAD O. BY AND
THR OUGH THE ARAPAH OE COUNTY CLERK AND REC ORDER. AND THE CITY OF
ENGLEWOOD. COLORADO , TO CO NDUCT A COORDINATED ELECT ION ON
NC'VEMBER 4, 2008 .
WHEREAS . pursuant ;o th e Uniform Electi on Code of I 992 (Ani clas I to 13 of Title I,
C.R.S.) as amended , governmental entitie s arc encouraged to coopera te :md co nsolid ate elections
in order to reduce taxpayer expenses; and
WH EREAS , the Cit y of Eng lewood hn s pani ci pat ed wi th Ara pah oe Count y in co ndu cting
coordinated elections since 1993 : and
WHEREAS , Arapahoe Co unt y and the Cit y of Englewood have determined th at it is in the
best interest of the taxpa yers and th e electors to co ndu ct a coordinated election for the November
4. 2008 election; and
WHERE AS . Arapahoe Co unt y and the Cit y of Eng lewood de sire to set fonh th eir re spective
re spon sibilities for the coo rdinated tlcction pursuant to the Int ergovernme ntal Agre ement .
NOW , TH EREFOR E. BE IT ORDAINED BY THE (' ry COUNC IL OF TH E CITY O!'
ENG LEWOO D. CO LORADO. AS FO LLOWS :
Section I. The lntcrgovenunenta l Agreement for Coo rdinat ed Election is attac hed heret o as
.. Exhibi t A ... The Int ergo vernmental Ab-reement for Coordi nated Election is hereb y accepted and
aoprovcd by the Englewood City Co un cil.
9 b vii
Sectio n 2. The f\fayor nnd Ci1y Cle rk arc auth orized 10 sign and mtcs1 said Agrccmc111 for and on behalf of the City of Eng lewood .
Int roduced. rea d in full, and passed on fir st read in g on th e 2 1st da y of Jul y. 2008 .
Publi shed as a Bill for an Ordin ance in the City's offic inl ne wspaper on th e 25 '' day of Jul y, 2008.
Publi shed as a Bill for on Ordinance on the Ci ty's officia l website ~,ginning on the 23rd da y of July. 2008 for thin y (30) da ys .
Rea d by title and passed on final rea din g on the 4th day of Augus t. 2008.
Publi shed by title in the Cit y's offic ial ncws pap r a Ordinan e No. W, Series of 2008. on the 8t h day of August, 2008.
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INTERGOVERNMENTAL AGREEMENT
FOR GENERAL ELECTION
ARAPAHOE cou · .TY
NOVEMBER 4, JOB
(Electlo,,
Th is Intergovern me nta l Agreeme nl is ente red in to by and b~!•.\00en th e Board of Count
Commissioners of the Co un ty of Arapahoe, State of Colorado and th e Ara p ahoe County Cle r\and
Recorder (he rei nafler jointl y referred to as the "Cou nty") and the
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referred to as the 'Political Subdiv ision ' an:l/or "jurisdiction").
WHEREAS , pursuan t to th e Uniform Electi on Code of 1992, (Articles 1 to 13 of 7lle 1,
C .R .S .) as amended , governm ent al entiti es are enco uraged to cooperate and co nsolidate e Je:tions
in o rd er to reduce taxpaye r expe nses; and
WHEREAS , th e Coun ty and th e Political Subdivision have determined that it is in It-I best
inte re st of th e taxpayers and the electors to conduct a coord inated Gen eral El ection on Nov.mber
4,2008;and
WHEREAS , the County and the Political Subdivision desire to set forth their respa ctive
responsibilities for the coord inated General Election pursuant to th is Intergovernmental Agree'Tlent.
NOW . T HEREFORE , IT IS AGREED by the County lnd th e Pol itical Su bdivision as f~lows :
1. T he Nove mber 4, 20 : ele ction shall be co ndu cted as a coordinated General Eledion in
accord ance with th e Uniform Election Cod e of 1992 (Articl es 1-13 of Titl e 1, C.R.S .f The
e le cti o n participants shal l be required lo execute ag ree ments with A rapahoe County b r thi s
purpose a nd may incl ud e mun icipalities, school districts and special distri cts witti n th e
Arapahoe County limits and the State of Colorado .
2 . The November 4, 200 8 coord inated General Election shall be conducted by the County with
the use of paper ba llots , electronic voting equipment and voting machines.
3 . T he Ara pahoe County Clerk and Recorder shall be des ignated as the Coordinated Elecfo n
O fficial and the Poli ti ca l Subdivisio n hereby identifies Loucrishia A . Ellis, Cj r y Cl erk
a s its Designa ted El ec ti on Offi cial.
4 . The Cou nty shall perform the fo ll owin g tas ks in rela ti on to said el ection, to wi t:
a . Negotia te an ag ree ment for th e pri nt in g of the official ba ll ots .
b . Provi de a copy of the ballot layout and the text of the officia l ballot to the d es ig na ted
election official for proofreading before authorization to begin pri11ting of all ball ots .
c . Ce rtify the ,Jmple te nu mber of reg istered electors with in th e Arapahoe Co1Jnty pe rt io n of
the Poli tica l Subdivision no late r th an October 6, 2008 .
d . Provide a copy of the po litical subdi visions' leg al bounda ries as defi ned in 'he
A rapahoe Cou nty Stre et Lis t Locator no la ter th an Ju ly 30, 20 08 .
e. Provide support on the date of th e electi c,n by telep hone and In parson , shou ld the nee d
arise , until co unting of the ballots is comple ted .
f. Provi de un official resul ts of the election on election night by telephone or by facsimile
transmitta l upoa request.
g. M3inta in a li st of actua l voters from the November 4. 2008 election , and upon request ,
gene rate a print ed list of the persons who voled following th e election . The cost will be
$.005 (112 cent ) per name.
h. Store all voted ball ots fo r a minimum of 25 mon ths, and all oth er ma terials required by law
(Section 1-7-802 , C.R.S .) lo be saved , in such a manner that they may be acce sse d by the
pa rti cipat ing ju ,isdiction , if necessary, to resolve any ch all enge or oth er legal questions that
might ari se regarding th e election .
Keep a ca re ful and accurate accounting of time, supplies, printing cos ts and sala~es
attributable to the County's administralion of the election for th e jurisdiction . The
pa rt icipating jurisdiction 's proportional share of actual cos ts sha ll be based on County
expenditures relative to :he November 4, 2008 election .
j. Appoint, comp ensa te, in struct and oversee th e board of canvassers .
k.
m.
Appoint , compensate, instruct and oversee the judges of the election.
No later than 20 days prior to the election , provid e th e participating jurisdiction test ball ots
Jf the jurisd iction's ballot style(s) to allow for testing of electronic vote-counting equipment.
Publish and post the required legal notice pursuant to C.R.S. 1-S-205 that is published no
later than 10 days prior to the election for the jurisdiction's ballot issues , ballot questions
and /o r candidates.
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Provide and operate the County's electronic vote-counting equipment. There will be no
charge for the pre-election preventative maintenance on the electronic vote-counting
equipment for th is election cycle.
5. Th e Pol itical Subdivision shall perform the following tasks in relalion to said election, to wit:
a. Cert ify the can didates , if applicable and the list of ballot issues and/or b,llot questions on a
diskette or by email (with receipt confirmed by the County Election Department) in Microsoft
Word format along with a paper copy no later than 4:00 p.m . on September 5, 2008. The
hallo! content must be certified in the order in which it will appear on the ballot. l he
ce rtified list of candidates. ballot is .. ,es and/or ballot questions shall be final and the
County will not be responsible formal !,·g ,ny changes after the certification.
b. Within one day of receipt , proofread the layout and the text of the jurisdiction's portion of
the officia l ballots before authorizing the printing of all ballots.
c. Pub li sh and post any required legal notices for the jurisdiction's candidates , ballot issues
and /or ballot qu estions, other than th e notice requ ired by C.R.S. 1-5-205 that is published no
tater than 1 O days prior to the election. A copy of such published legal notice shall be
submitted to the County for its records.
d. Pre pa re , hand-count and deliv er to th e County Clerk, the required te st deck of ballots for
tes ting th e ele ctronic vote co unti ng eq ui pment, no lat er th an October 17 , 2008.
e. Remit payment directly to Arapahoe County within 60 days of billing for it s prorated share
of ALL COSTS rela ting to th e printing and mailing of ballots and all other electio n expenses
des cribed in Section 4.
f. Comply with the provis ion s of th e Unifo rm Election Code of 1992 (Articles H 3 of Title 1,
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C.R.S.), and th e tim e guidelines sch edule as attached hereto as these relate to th e •
Nove mber 4, 200 8 election. The Political Subdivision shall notify the County of any
exception no later than 29 days pr ior to th e election ,
g. The Political Subdivision shall defend and resolve at its so le expense all challeng es relati ve
to the ca nd ida tes, ballo t Iss ues an d/or ballo t ques ti ons as cert ifi ed to the County for
in cl us ion in th e November 4, 2008 Coord inated Election .
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h. Submit to th e County a map Iden tifying the part icipa ti ng jurisdict ion 's boundaries no later
than July 27 , 2008 .
i. Certify to th e Co unty, no la ter than Augu st 20 , 2008, th e po litical subdivis ions' legal
bound ari es from th e Street List Loca tor provided to the political subdivision on July 30,
2008.
j . Ob ta in and deli vor 2 ce rt ified copy of the property own ers' list for the Politi cal Subd ivisi on,
(if dee med appl ica ble ), tha t has been reviewed again st the voter regis trati on re co rd s in the
office of th e Arapahoe Cou nty Cl erk and Recorder.
k. Deli ver all requests for ab se nte e ballots to the Count y for processing . Su ch re qu ests sha ll
be delive red or fa xe d Qfil!y to the Arapahoe County Clerk and Recorder's offi ce,
6. The Polit ica l Subdivision avers that ii has sufficient funds avai lab le in its approved budget to
pay its prorated election expe ns es for the Novemb er 4, 2008 Coordinated El ection .
7. Unless otherwise agreed in writing , th is Inte rgove rnmenta l Agreement and the int erpre tation
th ~reof sha ll be governed by the la ws of th e State of Colorado .
8. Should any provision of this In terg overnme ntal Agreement be de termined by a cou rt of
compete nt jurisdiction to be uncons tlt utlonal or otherwise null and void, II is the intent of the
parti es hereto that th e remaining provisions of this Intergovernmental Agree ment shall be of
full force and effect.
9. Notices to bt! provided under th is Intergovernmental Agreement shall be give n in writing eit her
by hand delivery or deposit in the United States mail, certified mail , return recei pt requested,
with sufficient postage:, to th e follo wing persons:
Nancy A. Doty
Arapahoe County Clerk and Record er
5334 South Prince SI.
Title: ____ Ci,,_,t,,.y_C,cl,,,e,.,rc,,k~-------
Littleton , Colorado 80166-0 21 1 City, St, Zip : En glewood, CO 80110
10 . This Int erg ove rnmental Agreemen t may not be mod ified , amend r.,d or otherwise altered unless
mutually agreed up on in writing by the parties hereto .
ARAPAHOE COUNTY BOARD OF COUNTY COMMISSIONERS
Susan Beckman, Chair
ATTEST :
Da te
Nancy A. Doty, Coordinated Election Official Date
JURISDICTION NAME : _____________ _
By Date
'ntle
2008 Ara paho e Co unty Coo rdina te d Ge nera l E lection -Dates for C it ies •
Dote E\ICllt Refer ence
Ju ly 25 Last day to notify the cou nty clerk of 1-7-116(5); 1-1-106(5);
intent to parti cipat e in coord inat ed lGA
election; submit map of lega l
boundaries.
Jul y 30 Cou nty clerk provides a copy of the !GA agree men t
lega l boundaries to ooliti cal s ubdivisions
Aug ust 20 Certi fy lega l boundaries to count y base d !GA
on information provided on July 30
August 26 Last day to sign !GA 1-7-116(2)
September 5 Political subdivisions certify candidates 1-5 -203(1), IGA agreement
and /or ball ot issues to clerk
Sep temb er 19 Last day to file pro/con comments on 1-7-901(4)
local ballot iss ues with designa ted
election official
Sep tember 23 Po lit ica l su bdivi sion provide exact text !GA
and other informatio n fo r ball ot
iss ues/questions to cou nty clerk
Oc tob er 6 Lr.st day to register to vote 1-2-201(3)
October 6-10 Mail ballot packets sen t 1-7.5 -107(3)(c)
October 15 Co un ty provides politic-.l subd ivi sion !G A; 1-5-303(1), (2); 1-5 -• with final numb er of re 2istered electors 304(1), (2); l -7.5 -107(2)(b)
Approx Publi c le st
Octob er 17
(DateTBDl -Novemb er 4 Election Da v -
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COUNCIL COMMU NICAT ION
D,te: Agen da It em: Subject:
Jul y 2 1, 2008 9 a vii Intergovernmental Agree ment with Arap ahoe
County fo r Coord inated Elec ti on Seivices
Initi ated By: Staff Sm tree :
Elec tion Commission/City Clerk's Office Frank Gryglewicz, Director of Fin ance and
Administrat ive Seivices
Loucrishia A. Elli s, City Cl erk/E lec ti on Commi ss ion
Member --
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Th e City of En glewood has p articipated wi th Arapahoe Coun ty in conduc tin g coordinated elec ti ons
for every City of En gl ewood General M unicipal El ec ti on si nce 1993 .
RECO l'IMENDED ACTION
Staff recomme nds Council adopt a bill for an ordinan ce approvi n g an Intergovernm ental Agreem ent
between the City of Engl ew ood and Araoaho , Coun ty for th e N ovember 4, 2008 Coordin ate d
El ec tio~.
Becau se of State Leg isl ati on and th e Ta xpaye~s Bill of Rights (TA BOR) am endment approve d by the
vo ters in 1992, coordin ated elec ti ons are to be co nduc ted thr o ugh out the State by County Cle rks .
Th e Coun ty has th e capability of coord in ating thi s election and in cl uding th e City of Englewood.
Th e Election Commissio n agrees th at it is in the bes t interes t of th e elec tors of Englewood to
conduct future elections jointl y with th e oth er p olil ica\ enti ties within th e County. In ord er to
parti ci pate in th e 2008 Coordin ated Elec ti on, th e City o f Engl ewood mu st enter Into an
intergovernm ental ag reement with Arapa hoe Coun ty.
Staff has reviewed th e p roposed int ergovernmen tal agreem ent and concurs w ith the Commiss ion's
reco mm en dat ion.
FINANCIAL IMPACT
Sinc e cos ts are ba sed on severa l va ri ab les, i.e. th e number of registered elec tors in th e City of
Englewood at the time of th e elec tion, th e number of ball ot questions, th e number of entities
parti c ipating in th e elec tion, th e financia l impac t is only an es timate. Base d o n th e kn own fac ts, th e
cos t of th e 2008 munic ipal elec ti o n has b ee n budge ted at $25,000 .
LIST Of ATTACHME l• TS
Prop osed Bill for ar. Ordi nance
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