HomeMy WebLinkAbout2004 Ordinance No. 049•
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ORDINAN CE NO . c/-1 _
SER IES OF 20 04
BY AUT HO RIT Y
CONTRACT NO. f o3.-~(!)(j'f
9 b ii
COU NCIL BILL NO . 48
INTRODU CED BY COUNC IL
MEMB ER BRA JSHA W
AN OR DINA NCE APPROVING AN INTE RGOVE RNMENTA L AGREEMENT
BETWEEN ,HE BOARD OF COM MISSION ERS OF ARAPAHOE COUNTY ,
CO LORA DO , BY AND THROUGH THE ARA PAH OE COUN TY CLE RK AND
RECORDER , AN D TH E CITY OF ENGLEWOOD, COLORADO, TO CON DU CT A
COO RDINAT ED ELECTION ON NO VEM BER 2, 2004.
WHEREAS , pursuan'. 10 th e Uni fo rm Elec ti on Code of 1992 (Articles I 10 13 of
Tit le I, C.R .S.) as amended, government al entitie s arc encouraged to cooperate and
con solid ate elections in order to reduc e taxpayer expenses; an d
WHEREAS , th e City of Eng lewoo d has participated wi th Arapahoe Co unty in
con du cting coor dinat ed elections since I 993 ; and
WHEREAS , Arapahoe Co unty and th e City of Englewood have det ermin ed 1ha1 ii
is in the be st interes t of the taxpayers and th e elec tors 10 co ndu ct a coordinated
clc c1 ion for the November 2, 2004 elec ti on; and
WHEREAS , Arapaho e Co unty an d the Cit y of Englewood de sire to sci forth th ei r
re spective resp ons ibiliti es for th e coo rdin ated ele ction pursuant to the
Intergove rnmen tal Agreemen t.
NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNC IL OF THE
CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS :
~. The Int ergovernmen tal Ag ree men t for Coo rdin ated Elec tion is
alla chcd here to as "Ex hibit A"; th e time guideline s schedule is avai lab le in th e Office
of th e Englewood City Clerk . Th e Int ergovernme ntal Ag reeme nt fo r Coo rdin ated
Elec tion is hereby accepted and approved by the Englewood (:it y Council.
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Section 2. The Mayo r and Cit y lcrk ::nc aut horize d to sign and altcs t s.i id
Agreement for and on behalf of the it y of Englewood .
Introduced , read in ful', and pa ssed on first re oding on the 2nd day of Aug ust, 2004.
Publishe<l a, a Bill for an Ordinance on th e 6th day of Augus t, 2004 .
Read by title anri rsssed on fin al reading on the 16th day of August , 2004 .
Publi shed by title as Ordinance No . rJ!.. Series of 2004 , on the ?0th ay of
August, 1004.
I, Louc ri shia A. Ell is, City Clerk of th e C it y of Englewood, Colorado, hereby
certify that the above and foregoing is a true eol'Yaof the Ordinan passed on final
reading and publi shed by title as Ordinance No. 'z7-, Ser s of 2
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INTERGOVERNMENTAL AGREEMENT
FOR COORDINATED ELECTION
ARAPAHOE COUNTY
NOVEMBER 2, 2004
(Election Only)
This Intergovernmental Agreement Is entered Into by and between the Board of
County Commissioners of the County of Arapahoe , State of Colorado and the Arapahoe
County Clerk and Recorder (hereinafter jointly referred to as the "County") and the City
of Englewood (hereinafter referred to as the "Political Subdivision" and/or "jurisdiction").
WHEREAS , pursuant to the Uniform Election Code of 1992 , (Articles 1 to 13 of
TIiie 1, C.R.S .) as amended, governmental entities are encouraged to cooperate and
consolidate elections in order to reduce taxpayer expenses; and
WHEREAS, the Cooi;,ty and the Political Subdivision have determined that it is in
the best interest of the taxpayers and the electors to conduct a Coordinated Election on
November 2, 2004; and
WHEREAS , the Cou :,ty and the Political Subdivision desire to set forth their
respective responsibilities for the Coordinated Election to the Intergovernmental
Agreement.
NOW , THEREFORE, IT IS AGREED by the County and the Political Subdivision as
follows:
1. The November 2, 2004 election shall be conducted as a Coordinated Election In
accordance with the Uniform Election Code of 1992 (Articles 1-13 of TIiie 1, C.R.$.).
The election participants shall be required to execute agreements with Arapahoe
County for this purpose and may include municipalities, school districts and special
districts within the Arapahoe County limits and the State of Colorado.
2. The November 2, ?r ' election shall be conducted by the County with the use of
paper ballots, elect voting equipment, and voting machines.
3. The Arapahoe County Clerk and Recorder shall be designated as the Coordinated
Election Official and the Political Subdivision hereby identifies Englewood City Clerk,
Loucrishia A. Ellis , as its Designated Election Official.
4. The County shall perform the following tasks in relation to said election, to wit :
a. Negotiate an agreement with Sequoia Voting Systems 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 printing
of all ballots.
c. Certify the complete number of registered electors within the Arapahoe County
portion of the Political Subdivi sion no later than October 15, 2004.
d. Provide support on the date of the election by telephone and in person , should • the need ar ise , until counting of the ballots Is completed.
e. Provide unofficial results of the election on election night by telephone or by
facs imile transmittal upon request.
f . Maintain a list of actual voters from the November 2, 2004 election, and upon
request , generate a pr inted list of the persons who voted following the election.
The cost will be S.005 (1/2 cent) per name.
g. 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 accessed by the participating jurisdiction, If necessary, to resolve any
challenge or other legal questions that might arise regarding the election.
h. Keep a careful and accurate accounting of time, supplies, printing costs and
salaries attributable to the County's administration of the election for the
jurisdiction. The participating jurisdiction's proportional share of actual costs
shall be based on County expenditures relative to the November 2, 2004 election.
I. Appo i nt, compensate, instruct and oversee the board of canvassers.
j. Appoint, compensate, Instruct and oversee the judges of the election.
k. No later than 20 days prior to the election , provide the participating jurisdiction no • less than 10 sets of each "test deck" of the jurisdiction's ballot style(s) to allow
for testing of electronic vote-counting equipment.
I. Publish and post the required legal notice pursuant to C.R.S . 1-5-205 that Is
published no later than 10 days prior to the election for the jurisdiction's ballot
questions and candidates .
m. Enforce Fair Campaign Practice Act (Article 45 of Title 1, C.R.S.) as it relates to the
November 2, 2004 election .
n. 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 this election cycle .
5. The Political Subdivision shall perform the following tasks in relation to sa id election,
to wit :
a. Certify the candidates, if applicable, the list of ballot issues and/or ballot
questions of each ballot Issue or question on a diskette In Microsoft Word format
along with a paper copy of the ballot content no later than 4:00pm on September
8, 2004 . The ballot content must be certified in the order In wh ich It will appear on
the ballot. The certified list of candidates, ballot Is sues and/or ballot guestlo ns
shall be final and the CountJl will not be res11onslble for making an~ changes after
the certification . • b. With in 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.
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c. Publish and post any required legal notices for the jurisdiction's ballot questions
and c~ndldates, other than the notice required by C.R.S. 1-5-205 that is published no
later than 10 days prior to the election .
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
15, 2004.
e. Remit payment directly to Arapahoe County within 60 days of billing for its
prorated share of all costs relating to the printing and malling of ballots and all
other election expenses described In Section 4. The current estimated cost to
print each ballot Is approximately S2 .10, to be shared by all participating
jurisdictions.
f. Comply with the provisions of the Uniform Election Code of 1992 (Articles 1-13 of
Title 1, C.R.S.), and the time guidelines schedule as attached hereto as these
relate to the November 2, 2004 election. The Political Subdivision shall notify the
County of any exception no later than 29 days prior to the election .
g. The Political Subdivision shall defend and resolve at its sole expense all
challenges relative to the candidates, ballot Issues and/or ballot questions as
certified to the County for Inclusion in the November 2, 2004 Coordinated
Election .
h. Submit to the County a copy of the participating jurisdiction's map with the fist of
county precincts, which corresponds to the County's precinct map, no later than
August 25, 2004.
I. Obtain and deliver a certified copy of the property owners' list for the Political
Subdivision, (If deemed applicable), that has been reviewed against the voter
registration records In the office of the Arapahoe County Clerk and Recorder.
j. Deliver all requests for absentee ballots to the County for processing. Such
requests shall be delivered or faxed !l!fu'. 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 election expenses for the November 2, 2004 Coordinated
Election .
7. Unless otherwise agreed In writing, this Intergovernmental Agreement and the
Interpretation thereof shall be governed by the laws of the State of Colorado.
8. Should any provision of this Intergovernmental Agreement be determined by a court
of competent jurisdiction to be unconstitutional or otherwise null and void, it Is the
Intent of the parties hereto that the remaining provisions of this Intergovernmental
Agreement shall be of full force and effect.
9. Notices to be provided under this Intergovernmental Agreement shall be given In
writing either by hand delivery or deposit in the United States mall, certified mall,
return receipt requested , with sufficient postage, to the following persons :
Nancy A. Doty
Arapahoa County Clerk and Recorder
5334 South Prince St.
Littleton, Colorado 80166-0211
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
Susan Beckman, Chair
DATE : ______ _
ATTEST:
ARAPAHOE COUNTY CLERK AND RECORDER
Nancy A. Doty, Coordinated Election Official
DATE: ______ _
JURISDICTION NAME : CITY OF ENGLEWOOD
BY : ________________________ _
Douglas Garrett
TITLE: MAYOR
DATE: ________ _
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COUNCI L CO MM UNICA TION
Dale: Age nd a It em: Subje ct:
Augus t 2, 2004 10 a i Int ergovernm enta l Agreement
with Arapahoe County fo r
Coordinat ed Elec tion Services
In itiated By: Staff Source :
Elec ti on Commissio n/ Frank Gryglewicz, Direc tor of Fi nance and
City Clerk's Office Adminis trati ve Services
Loucri shia A. Ellis , City Clerk/E lec tion Commiss ion
Member
COUNCIL GOAL AND PREVIOUS COUNC IL ACTION
TI1 e City of Eng lewood has pa rti cipated wi th Arapa hoe Co un ty in conducting coordinated elec tions
sin ce 19 93.
RECOMMENDED ACT ION
Appro ve, by ordinance, an intergove rnm enta l agreement between the City of Eng lewood an d
Arapahoe County for the Novem ber 2, 2004 Coordinated Elec tion.
Beca use of Stal e Leg isla tion and the Taxpa ye r's Bill of Ri gh ts (TABOR) amend m en t approve d by lh e
vo ters in 1992, coordinated elec tions are to be condu cted, th ro ugho ut th e Sta t e, by County Clerks.
The Cou nty has the capabili ty of coo rdin ati ng this elec tion and including th e City of Englewood.
The Elec ti o n Commission ag ree s that it is in the best interest of the elec tors of Englewood to
condu ct future elections jointly w ith th e other politi ca l en titi es w ithin the Cou n ty. In o rder to
participa te in the 2004 coordinat ed elec ti on, th e City of Engl ewood must en ter into an
intergovern mental ag ree men t w it h Arapah oe Coun ty.
Staff has reviewed the proposed intergovern m ental ag ree men t and concu rs w ith th e Commission's
reco mm end ati on. ·
FINANCIAL IMPA CT
Sin ce cos ts are ba sed o n severa l va riabl es, i.e . the number of reg ist ered elec tors in the City of
Englewood at th e time o f the elec ti on , th e number of ba ll ot questions, th e number of entiti es
pa rt ici pating in the election, th e financia l impact is only an es tima te. Based o n t he kno w n fac ts, the
cos t of th e 2004 munic ipal election is es tima t ed l o be $10,000.00. (We are no t submitting a
TABOR iss ue l o th e ball o t.) A supplem enta l appropria ti on ma y be fort hcoming.
LIST Of ATTACHMENTS
Proposed bill fo r an ordinance
Proposed In tergove rnm ental Agree ment for Coordin ated Elec tion