HomeMy WebLinkAbout1993 Ordinance No. 046•
•
ORDINANCE NO . if:
SE RIES OF 1993
BY Ali'.l'HORITY
COUNCIL BILL NO . 47
INTRO DUCED BY COUNCIL
MEMBER BULLOCK
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN ARAPAHOE COUNTY BOARD OF COMMISSIONERS BY AND THROUGH
THE ARAPAHOE COUNTY CLERK AND RECORDER AND THE CITY OF
ENGLEWOOD TO CONDUCT A COORDINATED MAIi. BALLOT ELECTION
NOVEMBER 2, 1993.
WHEREAS, punuant t.o the Uniform Election Code of 1992, government.al entities
are encouraged to cooperate and consolidate elections in order to reduce taxpayer expenses;
a11d
WHEREAS, the Mail Ballot Election Act (Article 7.5 of Title 1, C.R.S .), permits the
use of mail ballots for certain elections; and
WHEREAS, Arapahoe County an d the City of Englewood have determined that it is in
the best interest otthe taxpayers and the electors t.o conduct a consolidated mail ballot election
for the No ·ember'.!, 1993 election; and
WHEREAS , Arapahoe County and th e City of Englewood desire t.o set forth the ir
re spective ri:rs ponsibilities for the coordina ted election: and for the production and mailing"Of
the TABOit notice package pursuant t.o the Intergovernmental Agreement ;
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
E GLEWOOD, COLORADO , AS FOLLOWS:
~: The City Council of the City of Englewood, Colorado hereby approves an
int ergovernmental agreement betwee n Arapahoe County Board of Commissioners by and
through the Arapahoe Coun ty Clerk and Recorder and the City of Englewood to conduct a
coordinated Mail Ballot Election November 2, 1993 . Such Agreement generally read s as
follows :
A . Th e November 2 , 1993 election shall be cor ,cted as a consolidated mail ballot
election in accordance with the Uniform El .ion Code of 1992 (Articles 1-13 of
Title 1, C.R.S.J and the TABOR amendment (Section 20 of Article X of the
Colorado Constitution ). The election participant& may include the
municipalities of Aurora, Englewood, Deer Trail and Sheridan within the
Arapaho e County lin ,its ; the Aurora, Bennett, Byera, Cherry Creek , Doer Trial,
Englewoo d, Littleton, Sheridan an,\ Strasburg School Districts within the
Arapaho e Coun ty limits; special dis tricts within the Arapahoe County limits ; and
the State of Colorado .
B. Th e Novembe r 2, rn93 election shall 1,-, conducted by the County with th e use of
ballot cards and electronic vote countini: equipmenL '
C. The Arapah oe County Clerk and Recorder is designated as the coordinatei
election official and the City of Englewood h ereby iden tifies Engl ewood C,
Clerk as its de si gnated election official.
-1-
D. The Arapahoe County Clerk and Recorder ,hall perform the following tasks in
relation to aaid election, to wit:
1. Neeotiate an agreement with Sequoia Pacific Systems Corporation for
the printing of the official ballot ■.
2 . Provide a copy of all agreements or contracts negotiated for mail
ballot election auppliea, equipment and/or ■ervices to all jurisdictions
participating in the cooroinated election.
3 . Have the ballot layout and the text of the official ballot delivered to the
City of Englewood for proofreading before authorization for the
printing of the ballots.
4 . Certify the number of registered electors within the Arapahoe County
portion of the City of Englewood on or before October 29, 1993 .
5 . Provide support on the day of the election by telephone and in person,
should the need arise, until counting of the ballots is complete.J .
6 . Provide and operate the County's electronic vote count;ag ~quipment.
7.
The City of Englewood will be charged a prorated, ost of $71 .00 for the
pre -election preventive maintenance on the ele ctronic vote counting
equipment.
Provide the unofficial results of the election on election night by
ulephone or by facsimile transmittal and to provide the City of
Englewood with a copy of''1 e ab■tract of vote not later than November
12, 1993.
8 . Maintain a list of actual voter■ from the November 2, 1993 election ,
and upon request, ll"nerate a printed list of the persons who voted
following the el ection . The co st v·ill be S.005 per name.
I
9 . Determine the "least cost" method for mailing the TABOR notice
package. Nothing hel'ei n shall preclude the County from sending the
l'ABOR notice or notice package to person ■ other than electo ·, of the
City of Englewood if such sending arises from the County's efforts to
,nail the TABOR notice package at the "least cost".
10 . Include the City's t,,xt, a s written and in the order submitted, in
acc ordance with the. TAI:,OR amendment requirements for the
TABOR notice.
11. Store al! voted ballots for a minimum of6 months, and all oth er
materials required by law to be saved for 25 months in such a manner
tbs'. they may be accessed by the City of Englewoo d, if necessary, to
resolve any challenge or other legal questions that might arise
r ega rding the election.
-2 -
•
•
•
•
•
E . The City or E111lewood 1hall perform •.he followi111 taaka in relutiun t.o said
election, t.o wit:
1. Prouf'rud the layout and the text of the City orEn11lewood '1 ortion of
the official ballots before authorizing the prinUni of the bal ots.
2 . Pul,liah all required leeal notices for the City of Englewood ballot
qu,ution1 and candidate,.
3 . Prepare, hanrl•count and deliver t.o the Arapahoe County Clerk, the
requir<d test deck of ballots for t>atin11 the electronic vo!A!-counting
equipment no later than October 23, 1993.
4 . Remit payment Jirectly t.o Sequoia Pacific for ita prorated share of all
costs relating t.o the printing and mailing of the City of Engl,,,,.ood 's
ballots. The CWTent estimate of costs ia $,77 per ballot card plus $.06
for each additional ballot card, t.o be shared by all partici pating
juris diction s .
5 .
6 .
7.
8 .
9 ,
10.
11.
Remit payment t.o the County for the prorated cost of the pre-electi on
preventative maintenance on the electronic vote counting equi pment
in the amount of$71 .00.
Enforce Campaicn Reform Act of 1974 (Article 45 of Title 1, C.RS.) ••
it relates t.o the November 2, 1993 election in the City of Englewood .
Comply with the provisions of the Uniform Election Cod e of 1992
(Articles 1.13 of Title 1, C.R.S.), and with the time guideline schedul e
as these rela!A! t.o the November 2, 1993 election in the City of
Englewood, unless superseded by home•rule charter or other legal
authority. The City of Englewood shall notify the County of any such
ex ceptions no later that 30 days prior t.o the elecUon .
Deliver all r,quests for absentee ballots t.o the County for proce ssing in
a tim ely mann er. Such requests shall be delivered daily t.o t> e
Arapah,,e County Clerk and Recorder commen cing October •. 1993 .
Provide a copy of the governing body's approved legi slative action
(Ordinance or Resolution ) to the County within no less than 45 days
prior t.o th e date of !),e elecUon .
Provi de t.o the County all required TABOR notices conce r ning the
City's ballot issues in the manner required by the Uniform El ection
Code.
The Cit; of Englewood shall resolve all challenges relative t.o th e
ballot questions and candidates, as certified to the County for
in clusion in the November 2, 1993, coordinated election .
F . Th e City of Englewood av ers that it has suffici ent funds available in its approved
budget t.o pay its prorated election expenses for the November 2, 1993 election .
.3.
G. The County and ,.he City of E:-ielewood acknowled,e that Sequoia Par.ifie flystems
Corporation is deemed a third-party beneficio.ry to thi1 Intorgovemmentcl •
Agreement and may enforce tho1e provi1i on1 which relate to payment by the City
or Enelewood for its prorated election erpen ■es owed to Sequoia Pacific Systems
1993.
Corporation .
H . Unle11 otherwise agreed in writing, thia Intergovernmental Agreement and the
interpretation thereof shall be ,~verned by the laws of the State or Colorado.
I. Should any provision of this Intergovernmental Agreement be determined by a
court of competent juril!<!iction to be unconstitutional or otherwise null and void ,
it is the intent of the parties hereto tl,at the remaining provisions of this
In tergovernmental Agreement shall ~ of full foree and effect.
J . Notices to be provided under this lnte,iovernmental Agreement shall be given in
writing either by hand delivery, or de11osited in the United States mail, certified
mail , return receipt requested, with sufficient postage, to the following person s:
Ara pah c,e County
Office o f the County Attorn ey
5334 So ~th Prince Street
LltUeton, Colorado 80 166
City of Englew,• '
Office of the City Attorney
3400 South Elati Street
Englewood, Colorado 80110
K. Th e Intergovernmental Ag,-eement may not be modified, amended or otherwise
altered unless mutually agreed u po n in writing by the parties hereto .
Introduced, r earl in full, and passed on first reading on the 16th day or Au~ost, 1993 .
P ubli sh ed a s a Bill for an Ordinance on the 19th day of August, 1993 .
Read by title and passed on final reading on the 7th day of September, 1993.
Publish ed by t itle as Ordinance No . 'if_, Series of 1993, on the 9th day of September,
~ ~~(::t-ef
Patricia H. Crow, City Clerk
I, Patricia H. Crow, City Clerk of ,the City of Englewoo d, Colorado, hereby certify that the
above and fore going is a t~e copy of the Ordinance passed on final reading and published
by title as Ordinance No .~. Seri es of 1993. Id
i.&~v!l.{l~
Patricia H. Crow
. 4.
•
•
•
•
Date
August 16, 1993
ThlJTIATED BY
STAFF SOURCE
COUNQLCOMMUNJCATION
Agmdaltem
Jf(a)
Subject Intergovernmental
Agreement with Arapahoe
County for Coordinated Services
Englewood Election Commission
Patricia Crow, City Clerk/Member of Election Commission
ISSUFJACTION PROPOSED
City Council approve on first reading a council bill approving the Intergovernmental
Agreement with Arapahoe County for the coordinated election to be held November 2, 1993 .
PREVIOUS COUNCIL ACTION
The Election Commission and City Council met in study session on June 14, 199~. Various
recommendations concerning the 1993 election were discussed. On July 19, 1993, Council
approved Ordinance No. 35 adopting the election procedures set forth in the Uniform
Election Code of 1992 for the 1993 municipal election.
BACKGROUND
Because of recent State le.,islation, and as a result of the Taxpayers Bill of Rights (TABOR)
amendment approved by the voters in 1992, coordinated elections are to be conducted
throughout the State by County Clerks. Arapah.:ie County has advised the City of Englewood
it will be utilizing a Mail-in Ballot for the November 2, ·,993 election. The County has the
capability of coordinating this election and of including the City of Englewcnd.
The Election Commission unanimously agrees that it is in the best interest of the electors of
Englewood to conduct future elections jointly with the other political entities within the
County. In ord~r to participate in the 1993 coordinated election, it is essential for the City of
Englewood to e1 ,ter into an intergovemmental agreement with Arapahoe County by
September 3, 1993 (60 days prior to the election). ·
Pr 1n11d on Recycled Paper ~
STAPP ANALYSIS
Staff has met with llrapahoe County; has reviewed the proposed intergovernmental
agreement; and co-11curs with the Comrnissian's reccmmemiaticm, with the understanding that
the Englewood Home Rule Charter provisians supersede any conflicting provisians of the
Unifonn Electian Code. The Caunty has been fully apprised of those conflicting provisions
and has agreed to work with the City to ensure a successful electian this November.
FINANCIAL IMPACT
Since costs are based on two unknown variables, i.e., the number of registered electors in the
City of Englewood at the time of electian and the size of the ballot, which depends upon the
number of questions posed by the City and number c,f candidates running, the financial
impact is only an estimate. Based on the known facts, the cost of the 1993 municipal electian
will exceed the am ount budgeted ($8,500) and are expected to be at least $16,000.
•