HomeMy WebLinkAbout2001 Ordinance No. 034•
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ORD! ANCE O.~
SERIES OF 2001
BY .,UTHORITY
COUNCIL BlLL 0 . 33
INTRODUCED BY COUN IL
MEMBER GARRETT
AN ORDI CE APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE ARAPAHOE CO NTY BOARD OF COMM1SSIONERS BY AND
THROUOr' THE ARAPAHOE CO NTY CLERK AND RECORDER AND THE CITY
OF ENGLt.WOOD 'l'O CO DUCT A COORDL ATED ELECTIO O. NOVEMBER
6 , 2001.
WHEREAS . p11t11uant to the Uniform Election Code of 1992, governmental entitie
are encouraged to cooperate and consolid te el.ealo1111111 order t.o reduce taxpayer
expe1111es: and
WHEREAS , the City of Englewood baa partiopated with Arap
conducting coordinated election• since 1993; and
Coun in
WHEREAS, Arapahoe County and the City of Englewood have 11.: rmi.ned that it ia
in the best interest of the taxpayers and the electoMI to conduct a coordinated election
for the ovember 6, 2001 election; and
WHEREAS, the Colorado Constin;.tion Articl X. Section 20 , requirea the production
of n mailed notice ("TABOR" otice) concerning certain ballot issues that will he
eubmitted t.o the electors of Arapahoe County and the City of Englewood; and
WHEREAS, the TAB R eotirea of veral junadi~ons are to be sent a packa e
where juriadictions overlap; and
WHEREAS, there should be county-wide coordin tion of the production and mailing
of the TABOR notice package to cffectu te the purpOll!B of aaid consututional secnon;
and
WH EREAS , Arapahoe County and the C1tY of Englewood delllfe to set forth their
respective respons1btlities for the coordmated election and if neceasary for the
production nd moiling of the TABOR nonce p ckage pur1uant to the
Intergovernmental Agreement;
NOW , THEREFORE, BE IT ORDAINED BY THE CITY CO CIL OF THE CITY OF
E OLEWOOD . COLORADO . AS FOLLOWS :
~-The lntercovernme ntal Agreement For Coordinated Election (El on
and TABOR Notice) 1B ottllched berew a11 ·Exhibit l ." The Intergovernmental
Agreement For Coordm ted Elecuon (El~on and TABOR Notice) is hereby accepted
and appt0ved by the Englewood City Cow.ol and the Mayor i• authorized to execute
ond the City Clerk to attest ond al the Agreement for a11d on behalf 0£ the City of
Englewood .
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Introduced, re.ad in full, and pused o n first reading on the 16th day of July, 2001.
Fubli.abed as Bill for an Ordina.nce on the 20th day of July, 2001 .
Read by title and pa1111ed on final reading on the 6th day of August . 2001
Publi.ahed by title a& Ordinance o .~ Series of 2001. on the 10th day of
Augu t . 2001.
I , Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing is a true eopx_,o,f the Ordinance p on final reading
and published by title aa Ordinance o..:zt, Seriea of 001.
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INTERGOVERNMENTAL AGREEMENT
FOR COORDINATED ELECTION
ARAPAHOE COUNTY
NOVEMBER 6, 2001
(Electi on and TABOR No ice)
This Intergovernmental Agreement Is entered i nto by and between the Board of County
Commissioners of the County of Arapahoe, State of Colorado and the Arapahoe County
Clerk and Recorder (he re inafter Jo intly referred to as the "County"), and the
C1tv f Engl ewo od
WHEREAS, pursuant to the Un iform Election Code of i992, (Artlcles 1 to 13 :if rrt1e 1,
C.R.S.) as amended, governmental entities are encoura9P.d to coopel"ate and consolidate
elections i n order to reduce t.ixpayer expenses ; and
WHEREAS , the Co u nty a.nd the :1cv of Endewood have determined
that it is in the best interest of the taxpayers and the elector:-, to conduct a Coordinated
Electlon on No vem ber 6, 2001 ; and
WHEREAS, the Mail Baflc,t Election Act (Article 7.5 of Title 1, C.RS.) pem1lts the use of
mall ballots for ce rta i n elections; an d
WHEREAS, Col ora do Constitution Article X. Section 20, (the Taxpayer's Bill of Rights
amendment or "TABOR ame ndment'') requ ires th production of a mailed notice
(''TABOR" Notice) cone m ing certain ballot i ssues that wil! be submitted to Ute electors
of the County and the r:it:' of Englewood ; and
WHEREAS , the TAaOR notices of se•,eral j urisdi ctions are to b1J sent as a package
where jurisdictions overlap ; an d
WHEREAS , there st,ou!d be county-wide coordination of the production and mailing of
the TABOR notice package to effectuate the purposes of said constitutional section; and
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WHEREAS, the County and the Citv of Englewood desire to set
forth their respective responsibil ltle~ for the Coordinated Election and for the production
and mailing of the TABOR notice packagt-pursuant to this Intergovernmental Agreement
NOW, THEREFORE, IT IS AGREED by the County and the
_C..;.i ... cy_o_f _E_n_..g._l _ew_o_o_d _______ as follows :
1. The November 6, 2001 election shall be conducted as a coordinated mail ballot election
in accordance with the Uniform Election Code of 1992 {Articles 1-13 of Tille 1, C.R.S.)
and the TABOR amendment All election partic ipants shall be required to execute
agreements with Arapahoe County for this pu1pose and may include municipalities,
school districts and special districts within the Arapahoe County" limits and the State of
Colorado.
2. The November 6, 2001 election shall be conducted as a mail ballot election by the
County with the use of ballots and electronic vote-counting equipment
3. The Arapahoe County Cieri< and Recorder is designated a the Cr.,.;rt!inated Election
Official and the C'.n-cf Englewood hereby identifies
_t _he_C_i _c..._v _C_l_e_r _k __________ as if!. Designated Election Official .
4. The County shall perfonn the following tasks in relation to said election, to wit:
a. Negotiate an agreerl'lent with Sequoia Pacific Systems Corporation for the
printing of the official ballots.
b. Provide a copy of the ballot layol'' o tile text of the official ballot to the
designated election Qfficlal for p· ·Jfreading •.,efore authorization to begin
printing of all ballots .
c. Cer"Jfy the complete number of registered Plectors w ithin the Arapahoe County
p:,rtlon of the Cicv o f E:1gle•.100d no later than October 15,
2001.
d. Provide support on the date of the election by telephone and In person , s hould
the need ari se , until count ing of the ballots is c ompleted .
e. Provide unoffici al results of the elec1 ion on elect ion ni ght by telephone or by
facs i mile transmittal upon request.
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Maintain a list of actual voters from the November 6, 2001 lection, and upon
request, generate a printed list of the persons who vt>ted following the election .
The cost will be S.005 (1/2 cent) per me .
Detem:lne the "least cost" method for malllng the TABOR notice package.
Nothing herein shall preclude the County from send i ng the TABOR notice or
notice package to persons ether than electors of the
Citv of En glewood If such trausmittal arises from the
County's efforts to mail the TABOR ~.otice oackage at the "least cost".
Include the ___ .;:;C.::;.i ;;..tv......::oc-=f_;;En;.;.;~a.;;l;.:;e:.;.;w.;;.o""od~---ballot tell'.t, and provide a proof
as written and in the order submitted, in accordance with the TABOR
Amendment requirements for the TABOR notice. Coordinate and mail ~e
TABOR notice package in the time frame as required by law .
I. Store all voted ballots for a minimum of 6 months , and all other materials
required by law (Section 1-7-802, C.R.S.) to be saved , in such lll manner that they
may be accessed by the particl,1atlng jurisdiction, if necessary, to resolve any
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challenr,~ or other legal question at might ar i. ga ing the election .
Keep a c.areful and accurate accounting of time, supplies, printing cc,sts 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 6, 2001 election,
including a prorated share or ·rABOR notice.
k. Appoint, compensate, instruct and ov&rs-•ti e bo.m:I of canvassers.
I. Appo int, compensate, instruct and oversee ·..1 e judges o f the el eciion.
m. o later than 20 days prior to election, pro ide the participating jurisdiction no
less than 10 s ts of eact, "test deck· ol the jurisdiction 's ballot style(s) to allow
for testing of electronic vote-counting (1qui ,1ment .
n. Enforce Fair Campaign Practice Act (ArJcie 45 of Title 1, C.R.S.)as it relates to
the November 6, 2001 election .
o . Prov ide and operate the Cc unty's el ectronic vote-counting equipment. There will
be no charge for the pre-eleciion preventative maintenance o n the electronic
vote-counting equipment for th is election cycle .
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S. The CH of Englewood shall perform th follow i ng
tasks In relatfon to said election, to wit :
a. Certify the list of candidates, ballot issues ancl/or ballot questions of uch b.;llot
Issue or question on a diskette In Microsoft Word 97 format along with a paper
copy of the ballot content no later than 4 :00;>m on September 12, 2001. The ballot
cont.ent must be certified in the order in which it w ill appear on the ballot The
certified list of candidates, ballo, issues and/or ballot questions sha ll b final an~
lhe County will not be ra _i~ponsible for making any changes after the certificatio11 .
b. Within one day of recei•,t , proofread the layout and the text of the j urisdiction 's
portion of the official bal cts before authorizing the prlntJng of all ballots.
c. The Ci cv of E.n dewood is to publis h all require d 1egal notices for
the jurisdiction's ballot questions and candidates , i ncluding the notice that is
required by Section 1-7.5-107(2.S)(a) C.R.S . that is pu b lished no later than 20 days
prior to the .ilection, which covers all pertinent Information requ ired by statute. A
copy of such published legal notice shall be submitted to the County for it!.
recQrds .
d. Prepare , hand~ount and deliver to the Cc unty Cle1 k, the required test deck cf
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bal 1ots for testi ng the electronic vote counting equip ment, no later than October •
24 , .. 001 .
e. Remit payment d i re ctly to Ara pahoe County within 60 days of billing for its
prorated share of all costs rela ting to the printing and ma iling of ballots and all
otner election expe nses described In Section 4. The current estimated cost to
print each ballot is appro .. ,mately S1.1 0, to be shared by all partlcipa:lng
jurisdictions.
f . Comply with the pro11is lons of t ne Un iform Election Code ;Jf 1992 (Arti cles 1-1 3 of
Title 1, C.R.S.), and the t ime guidelines schedule as attach d hi!reto as these
relate to the No11em b..1r 6, 2001 election. The Cicv of Enttlewoo d
shall notify the Co unty of any ex cepti on no later than 29 d.iys prior to the ele-:t lo n.
g. Receiving of petition represe ntative 's sum mary of comments Is the • sponsibility of
the Cic•• of Ens e•..:ood
h. The process of receiv i ng wrltte .. <.Jmments and summarizi ng such co mm nts , as
requ ired by Section 20 Jf A rticle 10 of the C.>lorado Co nstituti on . is the so e
respons ibility of the Cit:" 9f En :e :eoc •
I. Cert ify ing a final and exact text and summary of comments r 1ncem in g its ba llot
is sues t o the County, on computer di kette formatted in WOR0 .,nd w iLh a paper
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doc ument, no later tha n 4:00 pm on September 25, 200 1 fo r i nclus ion In the ballot
i ssue mailing as req uired by section 20 of Article X of th e Colorado constitution .
The ce rt ified text and summary of com ments shall be final and the Cou nty will not
be responsible for aklng any changes after the certificat io n.
j. Remit payment to the County within 60 days of billing for the prorated co st of the
preparation and mailing of the TABOR notice package.
k. The Cicv of Englewood shall de en d and resolve at its
sole expen se all challenges rela tlve to the candidates, ballot Issues and/or ballot
que stions as certified to the County for inclusion in the Nove mber 6, 2001
Co ordinated Election.
I. Submit to the County a copy of the particip ating jurisdiction's map with the list of
county precincts, w hich corresponds to he County's precinct map, no late r than
July 27, 2001 .
m. Order and deliver a certified copy of the property owner's list for the
Ci cv o f Englewood , fif deemed applicable).
n. Deliver all requests for absentee ballots to the County for processing. Such
requests shall be delivered or faxed daily to the Arapahoe County Clerk and
Recorder.
6. The Citv of Eng e wood avers that it ha s sufficient funds available
in its approved budg&t to pay Its prorated election expenses for the November 6, 2001
election.
7. Unless otherwise agreed in writing, this Intergovernmental Agreement and the
i nterpretation 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 jurisdictjon to be unconstitutional or otherwise null and vo id, it Is the intent
of the parties hereto that the remaining provisions of this Inte rgovernmental
Agreement sh all be of full force and effect.
9. Notlces to be provided und er thi :; Interg overnmental Agreement shall be given in
writing either by hand delivery or deposited i n the United St ates mail , certified mail ,
re turn receipt requested , with sufficient po stage , to the follow in g persons :
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Tracy K. Baker
Arapahoe County Clerk and Recorder
5334 South Prine Street
Littleton , Colo rad o 80166-0211
10. This Intergovernmental Agreement may not be modified, amended or otherwise altered
unless mutually agreed upon in w riting by the pa rties hereto.
11. Attachments: The attar!': nent.s on the following page(s) are a part of this agreement.
DATE: ____ _
ARAPAHOE COUNTY BOARD OF COUNTY COMMISSIONERS
Marie Mackenzie, Chai rman
; "TEST: ARAPAHOE CO TY CLERK AND RECORDER
Tracy K. Baker, Coordinated Election Official
DATE : ___ _ JURISDICTION NAME :
Clcv of Enstlewood
By: _______________ _
Tho::ias J. Bu r~s
Tltle: ~YOR
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ADDENDUM A
• INTERGOVERNMENTAL AGREEMENT FOR COORDINATED, MAIL BALLO T ELECTION
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ARAPAHOE COUNTY
November 6, 2001
(School Distri cts only)
The County shall perform the following tasks in addition to and in relation to said election:
All aspects of the petition process, distribution to and collection from candidates, an d the
verification of signatures.
1. Provide candidate packets which include:
Candidate Information (guid •i nes)
Pet itions
Fair Campai gn Practices Act forms
2. Verify cand idate petitions, issue the lette r of sufficiency to candidates an d to the
desig nated election official of the school district.
3. Work in conjunction wiih t he school districts on all protests of sufficiency or
insufficiency .
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COUNCIL COMM !CATION
• Dte
Jul, 16. 1001
genda Item
10 a I
Subject
ln terguvemmen tal Agreement
with Arapahoe County for
Coordin ated Election Services
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I ITIATED BY
ElectJon Commiss ion /City Cl rk s Orfice
ST FF SOU RCE
Frank Cr, gle" icz, Directo r of Finance and
Administrative Services
Loucrish1a A. Ellis , City Clerk/Election Commission
\ember
CO CIL GOAL AND PREVIOUS COU NCIL ACT IO
The Citv of En le\\ ood has participated , 1tl1 Arapahoe Cou n in cu nducting coordinated elections every
ear since 1993 .
RE COMME OED ACTIO
App rove, by o rdinance, an intergovernmen tal agreemen t between the Ci of Englewood and A rapahoe
Coun for the No,ember 6, :?001 Coordinated Mail Ballot Election .
Because of State Leg 1sla on and the T payer's Bill of Rights (TA30R) amendment approved by the voters
i n 199:?, coordinated elections are to be cond ucted throug hout tile Sta te b County Clerks. Arapahoe
County has ad,ise d th e Ci ty of Englewood it will be con du cting a Mail Ballot Election on November b,
2001 . The Co unt\ ' ,s th e capabi lity of coordinating this elecnon and including th e City of Englewood.
The Electi on C ommiss10n ag rees that it is in tile bes t interest oi th e electors of Engle , ood to conduct future
elec ti ons joint! with the other polibcal enuues, itlli n the Coun . In orde r to participate in the 2001
coordi nated elect irir tis essential 1o r ti e Citv oi Englewood to en ter in to an intergovernmenta l agr eemen t
\\ ith Arapah oe County.
Staff has re"1e \\ed the proposed in tergovernmental agreement ith "-1pahoe Co un tv and co ncurs w ith the
Commission 's recommendation.
FI NANCIAL I MP CT
Since cosrs are ba sed on se, era! , anables. 1.e. th e number o i registered electors in the C i oi Englewood at
the time oi the election, he number oi ballo t questi o ns , the number of entities parti cipa ting the election,
the 111ancial i mpact is ,.,,,,, an estimate . Based on the kno\\n ·acts , the cost 01 the 2001 municipal election
ha s been bud;eted JI S-v,' 00.00.
LI ST OF ATT CHME TS
Pu posed bill :or an ordin an ce
Proposed In e•go,e rnrnenta l -\gre.,ment tor Coordinated Election •Elecuon and TABOR -.J once)