The URL can be used to link to this page

Home My WebLink About2003 Ordinance No. 048• • • ORD l:-JA:-JCE NO . __jg_ SER IE OF :'003 BY A TI\OR ITY COUNC IL BIL L :-JO . 46 INTR ODU ED BY OUNC IL MEMBER GAR RETT AN ORDINA NCE APPR 0\/1, GAN INTER GOVER:-JMENTAL AGREEMENT BE TWEEN TH E BOA RD OF CO MMI SIGNERS OF ARAPAHOE COU , TY , CO LORADO, BY AND THRO UG H THE AR,\PAHOE COUN TY CLERK A, D RECO RDER AN D HIE CITY OF ENG LEWOOD. CO LORADO. TO CON DUC T A COOR Dl)I ATED MAIL BAL LOT ELE TIO N ON NOVE MB ER 4, 2003 . WHER EAS . pur suant to the Unifo rm Eh:ct ion Code of 1992 . govc mm erual entiti es arc enc ou rag ed to coop erat e and conso li da te election s in order to redu ce taxpaye r ex pen ses; and WHEREAS , th e Cit y or Eng lewood ha s panicip ated wi th Arapa hoe Co unt y in CLnd uctin g coo rdinai ed elec ti on s sin ce 1993; and WHER EAS, Ara pah oe Co unty and the City or Englewood have detcnnined th at it is in th e bes t interest of th e tax paye rs and the clcc 1ors to co ndu ct a coord in ated elec ti on fo r th e Nove mber 4, 2003 elec ti on; and WH EREAS, the Co lorado Con stituti on, Anicl e X, Section 20, req uires the production or a mail ed noti ce ~"TABOR" Notice) co nc erning certain ball ot iss ues that will be submitt ed to th e elect ors or Arapah oe Co unt y and the City or Englewo od; and WHEREAS . th e TABOR noti ces or several jurisdictions arc to be se nt as a packa ge where juri sdicti ons ove rl ap; and WH EREAS , there shou ld be co unt y-wide coo rd inati on of th e produc1ion and mai lin g or the TABOR n01ic e pac kage to effec tua te th e purpo ses of su id co nstituti onal sec tion ; and WHEREAS . Arapahoe Co unty and th e City or En glewood des ire to set fo nh their respect iv e re sponsibiliti es fo r lh l' coo rdimll ed elec ti on and , if nece ssary, fo r the produ ct ion and mailin g of the TABOR no1i cc pa cka ge pu rsuant to th e lnlergove mm ental Agree mcnl. NO W. THEREFORE , BE IT OllDA INED BY TH E CIT Y <.:OUNC IL OF THE CIT Y OF ENG LEWOOD . CO LORADO , AS FOLL OWS : Sec tio n I. The ln1t:rgo vemm cn 1al Agreeme nt fo r Coordinated Ma il Ball ot Election is att ac hed hcrctJ as '"Ex hi bit I". Th e Int ergove rnment al Ag reeme nt fo r Coo rdina1 ed Mail Ba ll ot Electi on is hereb y accepted and ap proved by the Eng h:wood City Cou ncil. Sec tio n 2. Th e \l.1yo r and City c lerk are aut horized to sign and attest sa i<l Agree ment for and on bc halror1 he City or Eng lewood . Int roduce d. re.id in fu ll. and pa ss ed on fir st readi ng on th e 7'h day of Jul y. 2003 . Pub li shed as a Bill fo r an Ordinance on the I I'' day or Jul y. 2003 . Read by title and passed on sec on d rea din g on the 2 I" day of Jul y. 2003 . Pu bli shed by titl e as Ord inance No . .!:/_. Se ri es of 2003 , on the 25 •h day o f Jul y 2003 . .I, Loucris hia A . Elli s, C it y Clerk for the City of Engl th at the above and foregoing is a true,'J!'pY of the Ordinanc published by titl e as Ordinance No . :fl[__, Series of . ood, Co lorado, here by certify sed on final reading and ll L...JL...utJrLk~~'::'....... -- • • • • IYrERGOVERL'-m'IENT AL AGREEMENT FOR COORD INATE D~l't&cfN ARAPAHOECOUNTY N OVEMBER 4 , 2003 EXHIBIT Th is Intergovernmental Agreement is entered into by and between the Board of County Commissione rs of the Co unty o f Arapahoe, State of Colo rado, and the Arapahoe County Clerk and Reco rde r (hereinafter jointly referred to as the "Cou nty") and the Cic y o f En g lewood (hereinafter re ferred to as the "Political Subdivision"). Pursuant to the Uniform Election Code of 1992 , (Articles 1 to 13 of Title 1, C.R.S.) as amendeci , governmental entities are encouraged to coope rate and consolidate elections in order to reduce taxpayer expenses. The Countv and Political Subdivision have detj.1ll]ilJAA that it is in the best interest of the taxpaye rs and the electors to conduct a Coordinate'Yflic:!l'o~f Novem ber 4, 2003 and desi re to set fo rth their resper.~.ve responsibilities for the coordinated el ection through an Intergovernmental Agreement. Therefore, the County .1 nd the Political Su bdivision agree as follows: 1. The November 4, 2003 election shall be conducted by the County as a coo rdinated election, in accordance with the Unifo1m El ection Code of 1992, (Articles 1 to 13 of Title 1, C.R.S .) as amended. 2. The Ara,ahoe County Cle rk and Recorder shall be des ignated as the Coordinated El ection Officia l and the Political Subdivision hereby ident:fies the fo lla,ving person as it's Designated Election Official: Lo ucr '..shi.1 .\. Elli.s, Ci c v Cl.e rk 3. The Cou nty shall perform the fo llo wing tasks in relation to said election, to wit: a. Preside a co py of the ballot layo ut and the text of the offi cial ballot to the designated election official for proo,Teading prio r to printing of the official ballo ts. b Print and mail the "TABOR" Notice ior the political subdivision, as required purs~a nt to Colorado Constitu tio n Article X. Section 20, if applicable. c. Pcovide th e Politica l Subdivision no less the 10 sets of a "test deck" of the j urisdictic .i's ball ot style(s) to allow for ·esting of electronic vote-counting equ ipm ent. d. Pu blish the ce qu ired legai notice for the Political Suo di,ision·s ballot questions and ca~didates . ?~rsuant :a •,-~}J,"?:},5jR'Z:i .•5~i°(11;) pu blis he d no later than ~ • • • days prio r o the electio n and co ,·ers all pertinent in fo rma tio n re q uired by statute. e. Certi~: the co mplete number of registered electors ,,,i thin the Arapahoe Co unty portion o i the Political Su bdhision no later than Octobe r 3, 2003 . i. .-\ppoint, co mpensate, instruct and o,·ersee the judges of election and the bo ard of can,·asse rs. g. Provide unofficial results of the election on election ni ght by telephone o r by facs im ile transmittal. upon request. h . ).-laintain a list of actual voters from the No\'ember 4, 2003 election, and upon request, generate a list of the perso ns who voted following the ele ctio n. The cost will be S.005 (1 /2 ce nt) a nam e. i. Store all voted ballots fo r a minimu m of 25 months, a nd all other materials requi red by law (1-7-802 , C.R.S.) to be saved in such a manner as the Political Subdivision, if necessary, may access them to resolve any cha ll enge or other leg al qu estio ns that might arise regarding the election . 4. T~e Political Subdivision shall petfc rm the following tasks in relation to said election , to w it: a. Comply with the provisions of the Uniform Election Code of 19 92 (Titl e 1, Articles 1-13 C.R.S.). b. Submit to the Co unty a cop} e Political Subdivision's map , which corresponds to the County's precinct map , no later than July 28, 2003. c. Pu blish any required legal notices, other than the notice required by 1-5-205(1) C.R.S , for the Political Subdivis ion's candidates and/or ballot questions. d . Certify to the County Clerk and Record er a li st of candidates, ballot issues and/or ballot questions on a diskette, in Microsoft Wo rd forma t , along with a paper copy no later than 4:00 p.m. on September 10, 2 003. The ballot co ntent must be certified in the order in which it will appear on the ballot. Th e certified )ist shaU be final and the Countv will not be responsible for ma)dng an\' changes after the certi fication e. Within one day o f receipt, proo fread the layout and the text of the Political Subdivision 's portion of the official ballots befo re authorizing the printing of all ball ots. f. ~ hand-cou nt, and deli,·er to the County Clerk the requi red test deck of ba ll ots for testing the electronic vote -counting equipment, no later than October 20, 2003 . g. If applicable, certify the text as well as a summary of the co mments received by the Political Su bdivisio n for inclusio n in the ballot issu e mailing as requi r ed by Section 20 of Article X of the Colorado Constitution (TABOR notice) no late r than 4:00 p.m. o n September 23, 2003. Ihtlertified text shall be fina) and th e County wj)) not be responsible fo r making anv cha nges after the ce rtification The process oi cecehing written co mments and summarizing such co mmer:ts is the sole responsibility oi the political subdivisio n. • • h . Deli\'cr all req ues ts fo r abse nte e ba ll ots to the County fo r proc essing. The requests shall be deli,·ered o r foxed daily to the Arapahoe Cou nty Clerk and Re co rd e r. i. Pro,·i de the Cou nty Cle rk a certifi ed copy of the pro perty 0"11ers \\i th in th e Political Subdhision \\'ho arc not Arapahoe County regis tered vo ters but would be eligible to \'Ote for the subdi,isio n (only if applicabl e). j. Remi t pa;mcnt directly to Arapahoe County \\ithin 60 days of bill in g fo r its prorated share o f all costs relating to the co ordinated electio n . The curre nt estimate d cost fo r each ballot packet is ap proximately S1.10, to be shared by all participating Political Subdivisions . k. The Political Subdhision shall defend and resolve at its sole e xpense all challenges relath·e to the candidates, ballot is sues and/or ballot q uestions as ce rtified to th e County for inclusion in the November 4 , 2003 electio n . 5. The Politica l Subdhision avers that it ha s sufficient funds available in its approved budget to pay its prorated electio n expenses for the November 4, 2003 'e!ection. 6. Unless otherwise agreed in writing, this In tergovernmental Agreement and the interpretation thereof shall govern the laws of the State of Colorado. 7. Should any provision of this Intergovernmental Agreement be determined by a court of competent jurisdiction to be unconstitutional or other null and vo id, it is the intent of th e pa ries hereto that the rem aini ng prO\isions of this Intergovernmental Agreement shall b e of full force and effect. 8 . This Intergove rnmental Agreement ma y not be modified, amended or otherwise altered unless mutuall y agreed u pon in writing by the parties hereto. ARAPAHOE COUN1Y BOARD OF COMMISSIONERS Deb ra Vickrey, Chairman Date ATTEST: ARAPAHOE COLT'l',T I' CLERK AL'ID RECORDER Tra cy K. Ba ker, Coo rdina ted Election Officia l Date _~!TY OF r-N6 LiuJtoD ·.,AME OF POLITICAL SUBDivlSIO N Date Authorized 5,g natu re /3e l/UL t./ .f. /3flt0Sfll/{A) Title Ill AYOK.__ 3 • • Date Jul y 7 , 2003 INITIATED BY Agenda Item 10 a i Ele ction Commission/City Clerk 's Office Subject Intergovernmental Agreement wi th Arapahoe County for Coordin ated Ele ct ion Services STAFF SOURCE Frank Gryglewicz , Director of Finan ce and Adm ini strative Servic es Loucrish ia A. Ellis , Ci ty Cle rk/El ection Commission Membe r COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The City of Englewood has partic ipated with Arapahoe County in conducti ng coordinated electio ns for every City of Englewood General Municipal El ec tion si nce 1993 . RECOMMENDED ACTION Approve , by ordinance , an intergovernmental agreement between the City of Englewood and Arapahoe County for the November 4, 2003 Coordinated Mail Ballot E lection. Because of State Legislation and the Taxpayer's Bill of Rights (TABOR ) am endment app ro ve d by the voters in 1992 , coordinated electi ons are to be conducte d throughout th e State by County Clerks . Arapahoe County has advised the City of Englewood it will be conducting a Mail Ballot Election on November 4 , 2003. The County has the capability of coordinating this election and including the City of Englewood . The Election Commission agrees that it is in the best interest of the electors of Englewood to conduct future elections jointly with the ot her political entities within the County . In order to participate in the 2003 coordinat ed ele ction, the City of En glewood mu st enter into an intergovernmental agreement wi th Arapahoe County . Staff has reviewed the propose d intergovernmental agreement and conc urs with the Commission 's recommendation . FINANCIAL IMPACT Sinc e costs are based on several variables , i.e . the number of registered el ec tors in the City of En glewood at the tim e of th e elec tion , th e nu mber of ball ot quest io ns , the number of en tities pa rt icipating in the election , lhe financial imp act is only an es timate. Bas ed on th e known fact s , the cost of the 2003 mun icipa l election has bee n budgeted at $25 ,000 .00 . LIST OF ATTACHMENTS Propose d bill for an ordinance • Proposed In te rgov ernme ntal Ag reement for Coordin ated Mail Ball ot El ectio n