HomeMy WebLinkAbout2007 Ordinance No. 044•
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ORDINANCE NO .~
SERIES OF 2007
BY AUTHORITY
CONTRACT.NO, "i'h~.cio7 9bi
COUNCIL BILL NO. 46
INTRODUCED BY COUNCIL
MEMBER WOODWARD
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE BOARD OF COMMISSIONERS OF ARAPAHOE COUNTY,
COLORADO, BY AND THROUGH THE ARAPAHOE COUNTY CLERK AND
RECORDER, AND THE CITY OF ENGLEWOOD, COLORADO, TO CONDUCT A
COORDINATED ELECTION ON NOVEMBER 6, 2007 .
WHEREAS, pursuant to the Unifonn Election Code of 1992 (Articles I to 13 ofTitle
I, C.R.S.) as amended, governmental entities arc encouraged to cooperate and
consolidate elections in order to reduce taxpayer expenses ; and
WHEREAS , the City of Englewood has part icipated with Arapahoe County in
conducting coordinated election s since 1993 ; and
WHEREAS , Arapahoe County and the City of Englewood have detennined that it is
in the best interest of the taxp ayers and the elec tors to conduct a coordinated election for
the November 6, 2007 election ; and
WHEREAS , Arapahoe County and the City of Englewood desire to set forth their
respecti ve responsibilities fo r the coordinated election pursuant to the Intergovernmental
Agreement.
NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD , COLORADO , AS FOLLOWS:
~ 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 .
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~ The Mayor and City Clerk are authorized to sign and attest said
Agreement for and on behalf of the City of Englewood .
Introduced , read in full, and passed on first reading on the 6"' day of August , 2007.
Published as a Bill for an Ordinance on the 10th day of August, 2007 .
Read by title and passed on final reading on the 20th day of August, 2007.
Published by title as Ordinance No.'fl_, Series of 2007, on the 24th day of August,
2007.
I. Loucrishia A. Elli s, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing is a tru~Aopy of the Ordinance pas se n final reading and
publi shed by title as Ordinance No. ':tl, Serie s of 2007.
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INTERGOVERNMENTAL AGREEMENT
FOR COORDINATED ELECTION
ARAPAHOE COUNTY
NOVEMBER 6, 2007
(Election)
This Intergovernmental Agreement is entered into by and between the Board of County
Commissioners of the County of Arapahoe, State of Colorado and the Arapahoe County Clerk and
Recorder (hereinafter jointly re ferred to as the 'County") and the
------~C~i_c.;..y _o_f_E._n_gl_•_w_o_o_d _______________ (herainafter
referred to as the 'Political Subdivision " and/or "jur is diction ").
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 ta xpayer expenses ; and
WHEREAS , the County and the Political Subdivision have determined that it is in the best
interest of the taxpayers and the electors to con duct a Coordinated Elect ion on November 6, 2007 ;
and
WHEREAS, the County and the Political Subdivision de sire to set forth their respective
responsibilities for the Coordinated Election pursuant to th is Intergovernmental Agreement.
NOW, THEREFORE, IT IS AGREED by the County and the Political Subdivision as follows :
1. The November 6, 2007 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 shall be required to execute agreements with Arapahoe County for this purpose
and may include municipalities, school districts and special districts within the Arapahoe
Coun ty limits and the State of Colorado.
2. The November 6, 2007 election shall be conducted by the County as a mail ballot election .
3. The Arapahoe County Clerk and Recorder shall be designated as the Coordinated Election
Official and the Politi cal Subdivision hereby identifies Loucrishia A. E.llis, City Cle rk
as its Designate · Ei\>ction Official.
4. The Coun ty shall perform the following tasks in relation to said election, to wit :
a. Negotiate · n agreement for the printing of the official ballots .
b. Provide a copy of the ballot layout and the text of the official ballot to the designated
election official for proofreading before authorization to begin prinling of all ballots .
c. Certify the complete number of registered electors within the Arapahoe County portion of
the Political Subdivision no later than October 17, 2007 .
d. Provide a copy of the political subdivisions' legal boundaries as defined in the
Arapahoe Cci'unty Street List Locator no later than July 30 , 2007 .
e. Provide support on the date of the election by telephone and in person, should the need
arlae, until counting of the ballots is completed .
Provide unofficial results of the election on election night by telephone or by facsimile
transmittal upon request
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g. Maintain a list of actual voters from the November 6 , 2007 election, and upon reque st,
generate a printed list of the persons who voted following the election . Th e cost will be
$.005 (1/2 cent) per name.
h. Store all voted ballots for a minimum of 25 months, and all other materials required by law
(Section 1-7-802, C .R.S.) to be saved, In such a manner that they may be acces se d by the
participating jurisdiction, ~ necessary, to resolve any challenge or other legal questions that
might arise regarding the election.
Keep a careful and accurate accounting of time, supplies, printing costs and ;alanes
attributable to the County's administration of the election for the jurisdiction . The
participating jurisdiction's proportional share of actual costs shall be bas ed on County
expenditures relative to the November 6, 2007 election.
j . Appoi nt, compensate, instruct and oversee the board of canvassers .
k. Appoint, compensate, instruct and oversee the judges of the election .
Publish and post the required legal notice pursu ant to C .R.S. 1-5-205 th at is publish ed no
later than 10 days prior to the election for the jurisdiction's ballot is sues, ballot question s
and/or candidates .
m. No later than 20 days prior to the election, provide the participating jurisdiction test ballots
of the juri sdict ion's ballot style(s) to allow for testing of electronic vote-co unting equipment.
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o. Provide and operate the County's elec tronic vote-co um1119 equipment. There will be no
charge for the pre-election preve ntative maintenance on the electro nic vote-counting
equipment for this election cycle.
5 . The Political Subdivision shall perform the following ta sks in re lation to said election, to wit:
a. Certify the candidates, if applicable, and the list of ballot iss ues and/or ballot questions on a
diskette or by email (with receipt confirmed by the County Election Department) in Microsoft
Word iormat aiong with a pap er co py no later than 4 :00 p.m . on September 7, 2007 . The
ballot content must be certified in the order in which it will appear on the ballot. Th e
certified list of candidates, ballot issues and/or ballot questions shall be final and the
County will not be responsible for making any changes after the certification.
b. Within one day of receipt, proofread the layout and the text of the jurisdiction 's portion of
the official ballots before authorizing the printing of all ballots.
c. Publish and post any required legal notices for th e jurisdiction 's candidates, oallot issues
and/or ballot questions, other than the notice required by C .R.S . 1-5-205 that is publis hed no
later than 1 O days prior to the election . A copy of such published legal nntice shall be
submitted to the County for its records .
d . Prepare, hand-count and deliver to the County Clerk, the required test deck of ballots for
testing the electronic vote counting equipment, no later than October 19, 2007 .
e. Remit payment directly lo Arapahoe County within 60 days of billing for its prorated share
of ALL COSTS relating to the printing and mailing of ballots and all other election ex penses
described in Section 4 .
f. Comply with the provisions of the Unifonm Election Code of 199"'~Articles 1-13 of Title 1.
C.R .S.), and the time guidelines schedule -il!Mlllec:l,ed -neretcl'~s these relate to the
November 6, 2007 election. The Political Subdivision shall notify the County of any
exception no later than 29 days prior to the election .
g . The Political Subdivision shall defend and resolve at its sole expense all challenges rela 1ive
to the candidates, ballot issues and/or ballot questions as certified to the County for
inclusion in the November 6 , 2007 Coordinated Election.
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h. Submit to the County a map identifying the participating jurisd iction 's boundaries no later
than July 27, 2007 .
Certify to tha County , no later than August 20, 2007 , the political subdivisions ' legal
boundaries from the Street List Locator provided to the political subdivision on July 30,
2007.
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tif.fieeffle6-epplieeble-);·tl1al-ll11e-been-fll¥iewed-~~1'egistl'lllion-1'11CO!'M-in-ltle
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k. Deliver all requests for absentee ballots to the County for processing . Such requests shall
be delivered or faxed ~ to the Arapahoe County Clerk and Recorder 's office .
6 . The Political Subdivision avers that it has sufficient funds available in its approved budget to
pay its prorated 1lection expenses for the November 6, 2007 Coordinated Election .
7. Unless otherwise agreed in writing, this Intergovernmental Agreemeni and the interpretation
thereof shall be governed by the laws of the State of Colorado.
8 . Should any provision of this Intergovernmental Agreement be detenmined by a court oi
competent jurisdiction to be unconstitution?.I or otherwise null and vo id, it is the intent of the
parties hereto that the remaining provisions of th is Intergovernmental Agreement shall be of
full force and effect.
9. Notices to be provided under this Intergovernmental Agreement shall be given in wri ting either
by hand delivery or deposit in the United States mail , certified mail , return receipt requested ,
with sufficient postage , to the following persons :
Nancy A. Doty DEO Name : Loucrishia A. Ellis
Arapahoe County Clerk and Recorder Title : City Clerk
5334 South Prince SI. Address : 1000 Englewood Parkway
Littleton , Colorado 801 66-02 11 Clty ,St,Zlp : Englewood, CO 801 10
10. This Intergovernmental Agreement may not be modified , amended or otherwise altered unless
mutually agreed upon in writing by the parties hereto.
ARAPAHOE COUNTY BOARD OF COUNTY COMMISSIONERS
Frank Weddig , Chair
ATTEST :
Date
Nancy A. Doty, Coordinated Election Official Date
JURISDICTION NAME : _________________ _
By Date
Title
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COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
August 6, 2007 9 a i Intergovernmental Agreement with Arapahoe
County for Coordinated Electi c ~ Services
Initiated By: Staff Source:
Finance and Administrati ve Services Department Frank Gryglewicz, Director
Election Commission/City Clerk's Office Loucrishia A. Ellis, City("', .</Election
Commission MerwH1·
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COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The City of Englewood has participated with Arapahoe County in conducting coordinated elections
for every City of Englewood General Municipal Election since 1993 .
RECOMMENDED ACTION
Staff recommends that City Council adopt a Bill for an Ordinance authorizing an intergovernmental
agreement between the City of Engle w ood and Arapahoe County for the November 6, 2007
Coordinated Mail Ballot Election .
Because of State Legislation and the Taxpayer's Bill of Rights (TABOR) amendment approved by the
voters in 1992, coordinated elections are to be conducted throughout the State by County Clerk;,
Arapaho e County has ac' ised the City of Englewood it will be conducting a Mail Bal lot Election on
November 6, 2007. The County has the capability of coordinating this election and including the
City of Englewood.
The Election Commission agrees that ii is in the best interest of the electors of Englewood to
conduct future elections jointly with the other political entities within the County . In order to
participate in the 2007 coordinated election, the City of Englewood must enter into an
intergovernmental agreement with Arapahoe County.
Staff has reviewed the proposed intergovernmental agr eement and concurs with the Commission 's
re commendation .
FINANCIAL IMPACT
Since costs are based on several variables, e.g. the number of registered electors in the City of
Englewood at the time of the election, the number of ballot questions, the number of entitles
participating in the election, the financial impact is only an estimate . Based on the known facts, the
cost of the 2007 municipal election has been budgeted at $25 ,000 .
UST OF ATTACHMENTS
Proposed Bill for an Ord inan ce
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