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HomeMy WebLinkAbout1997 Ordinance No. 055ORDINANCE NO. q;' SERIES OF 1997 BY AUTHORITY COUNCIL BILL NO. 57 INTRODUCED BY COUNCIL MEMBER VORMITTAG AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE ARAPAHOE COUNTY BOARD OF COMMISSIONERS BY AND THROUGH THE ARAPAHOE COUNTY CLERK AND RECORDER AND THE CITY OF ENGLEWOOD TO CONDUCT A COORDINATED ELECTION ON NOVEMBER 4, 1997. WHEREAS, pursuant to the Uniform Election Code of 1992, governmental entities are encouraged to cooperate and consolidate elections in order to reduce taxpayer expenses; and WHEREAS, the City of Englewood has participated with Arapahoe County in conducting coordinated elections in 1993, 1994, 1995 and 1996; and 10 b i WHEREAS , Arapahoe County and the City of Englewood have determined that it is in the best interest of the taxpayers and the electors to conduct a coordinated election for the November 4, 1997 election; and WHEREAS, the Colorado Constitution Article X, Section 20, requires the production of a mailed notice ("TABOR" Notice) concerning certain ballot issues that will be submitted to the electors of Arapahoe County and the City of Englewood; and WHEREAS , the TABOR notices of several jurisdictions are to be sent as a package where jurisdictions overlap; and WHEREAS, there should be county-wide coordination of the production and mailing of the TABOR notice package to effectuate the purposes of said constitutional section; and WHEREAS , the County and the City of Englewood desire to set forth their respective responsibilities for the coordinated election and for the production and mailing of the TABOR notice package pursuant to the Intergovernmental Agreement; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section 1: The Intergovernmental Agreement For Coordinated Election (Election and TABOR Notice ) is attached hereto as "Exhibit l." The Intergovernmental Agreement For Coordinated Election (Election and TABOR Notice) is hereby accepted and approved by the Englewood City Council and the Mayor is authorized to execute and the City Clerk to attest and seal the Agreement for and on behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 7th day of July, 1997 . -1- Published as a Bill for an Ordinance on the 10th day of July, 1997. Read by title and passed on final reading on the 21st day of July, 1997. Published by title as Ordinance No.~ Series of 1997, on the 24th day of July, 1997. I, Loucrishia A. Ellis , City Clerk of the City of Englewood, Colorado , hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No . $,°"Series of 97 . -2- ; EXHIBIT 1 INTERGOVERNMENTAL AGREEMENT FOR COORDINATED ELECTION (Election and TABOR Notice} This Intergovermnental 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 WHEREAS, pursuant to the Uniform Election Code of 1992, as amended, govermnental entities are encouraged to cooperate and consolidate elections in order to reduce taxpayer expenses; and WHEREAS, the County and the City o f Englewood have determined that it is in the best interest of the taxpayers and the electors to conduct a Coordinated Election at the November 4, 1997 election; and 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, Colorado Constitution Article X, Section 20, (the Taxpayer's Bill of Rights amendment or "TABOR amendment"}requires the production of a mailed notice ("TABOR" Notice} concerning certain ballot issues that will be submitted to the electors of the County and the ~C~i_t_y~o_f~E~n~g~l_e_w_o~o_d~~~~~i and WHEREAS, the TABOR notices of several jurisdictions are to be sent as a package where jurisdictions overlap; and WHEREAS, there should be county-wide coordination of the production and mailing of the TABOR notice package to effectuate the purposes of said constitutional section; and WHEREAS, the County and the City of Englewood desire to set forth their respective responsibilities for the coordinated election and for the production and mailing of the TABOR notice package pursuant to the Intergovernmental Agreement. NOW, THEREFORE, IT IS AGREED by the County and the Citv of Englewood as follows: 1. The November 4, 1997, election shall be conducted as a coordinated mail ballot election in accordance with the Uniform Election Code of 1992 (Articles 1-13 of Title 1, C.R.S.) and TABOR amendment. The election participants shall be required to execute agreements with Arapahoe County for this purpose and may include municipalities within the Arapahoe County limits; school districts within the Arapahoe County limits and special districts within the Arapahoe County limits and the State of Colorado. 2. The November 4, 1997, election shall be conducted by the County with the use of ballot cards and electronic vote- counting equipment. 3. The Arapahoe County Clerk and Recorder is designated as 2 the coordinated election official and the City of Englewood hereby identifies the City Clerk "designated election official". , as it's 4. The County shall perform the following tasks in relation to said election, to wit: a. Negotiate an agreement with Sequoia Pacific Systems Corporation for the printing of the official ballots. b. Provide a copy of all agreements or contracts negotiated for election supplies, equipment and/or services to all jurisdictions participating in the coordinated mail ballot election. c. Provide a copy of the ballot layout and the text of the official ballot to the City of Englewood for proofreading before authorization to begin printing of all ballots begins. d. Certify the complete number of registered electors within the Arapahoe County portion of the no later than October,;,_~, 1997. City of Englewood e. Provide support on the date of the election by telephone and in person, should the need arise, until counting of the ballots is completed. f. Provide unofficial results of the election on election night by telephone or by facsimile transmittal upon 3 request. g. Maintain a list of actual voters from the November 4, 1997, election, and, upon request, generate a printed list, of the persons who voted following the election. The cost will be $.005 per name. h. Determine the •least cost" method for mailing the TABOR notice package. Nothing herein shall preclude the County from sending the TABOR notice or notice package to persons other than electors of the City of Englewood if such transmittal arises from the County's efforts to mail the TABOR notice package at the "least cost". i. Include the Citv of Englewood text, as written and in the order submitted, in accordance with the TABOR amendment requirements for the TABOR notice requirements for the TABOR notice. j. 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. k. The County shall keep a careful and accurate accounting of time, supplies, printing costs and salaries 4 attributable to the County's administration of the election for the jurisdiction. The participating jurisdictions proportional share of actual costs shall be based on County expenditures relative to the November 4, 1997, election, including prorated share of TABOR notice. l. Appoint, compensate, instruct and oversee the board of canvassers. m. No later than 10 days prior to 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. n. Enforce Fair Campaign Practice Act (Article 45 of Title 1, C.R.S.)as it relates to the November 4, 1997 election. o. Provide and operate the County's electronic vote-counting equipment. The City of Englewood will be charged a prorated cost of $71.00 for the pre-election preventative maintenance on the electronic vote-counting equipment. 5. The City of Englewood shall perform the following tasks in relation to said election, to wit: a. Proofread the layout and the text of the jurisdictions portion of the official ballots before authorizing the printing of all ballots. b. The City of Englewood is to publish all 5 required legal notices for the jurisdictions ballot questions and candidates, including the notice that is required by Section 1-5- 205, C.R.S., that is published at least 10 days prior to the election which covers all pertinent information required by statute. c. 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 ~, 1997. d. Remit payment directly to 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 expenses described in Section 4 (k,l,m). The current estimate of costs is $.78 per ballot packet plus $.12 for each additional ballot card per packet, to be shared by all participating jurisdictions. e. 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 4, 1997, election. The City of Englewood shall notify the County of any exception no later than 29 days prior to the election. f. Provide to the County, (on computer diskette 6 formatted in WordPerfect DOS), all required TABOR notices concerning the participating jurisdictions ballot issues by the date and in the manner required by the Uniform Election Code and applicable rules and regulations in (Rule 5.4). Proofread and make any corrections to the layout and text of the notices within one day of the request of the County. g. The C i t v of Englewood shall def end and resolve at its sole expense all challenges relative to the bal lot questions and/or candidates, as certified to the County for inclusion in the November 4, ·1997, coordinated election. h. Submit to the County a copy of the participating jurisdictions map with the list of county precincts which correspond to the County. i. Remit payment to the County within 60 days of billing for the prorated cost of the preparation and mailing of the TABOR notice package. j. Order and deliver a certified copy of the property owners list for the deemed applicable.) City of Englewood ~~--'-'~~~---=-~~~~~~~' (if k. 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 City of Englewood avers that it has 7 sufficient funds available in its approved budget to pay its prorated election expenses for the November 4, 1997, election. 7. Unless otherwise agreed in writing, this Intergovermnental 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 detennined 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 Intergovermnental Agreement shall be of full force and effect. 9. Notices to be provided under this Intergovermnental Agreement shall be given in writing either by hand delivery or deposited in the United States mail, certified mail, return receipt requested, with sufficient postage, to the following persons: Arapahoe County Office of the County Attorney 5334 South Prince Street Littleton, Colorado 80166 Ci t y o f Englewood City Clerk 3400 South Elati Street Englewood, CO 80110 10. This Intergovermnental Agreement may not be modified, a.mended or otherwise altered unless mutually agreed upon in writing by the parties hereto. 11. Attachments: The attachments on the following page(s) are a part of this agreement. Addendum A rXi 8 CITY OF ENGLEWOOD, COLORADO NAME: Thomas J. Burns ATTEST: Loucrishia A. Ellis City Clerk 9 BOARD OF COUNTY COMMISSIONERS, COUNTY OF ARAPAHOE, STATE OF COLORADO Polly Page, Chairperson Board of County Commissioners of Arapahoe County ARAPAHOE COUNTY CLERK &: RECORDER Donetta Davidson Arapahoe County Clerk &: Recorder ADDENDUM A ADDENDUM TO THE INTERGOVERNMENTAL AGREEMENT FOR COORDINATED ELECTION (Election and TABOR Notice) WHEREAS , the City of Englewood, Colorado desires to submit a question to the property owners of a paving district as set forth in C.R.S . 31-25-534 Issuing bonds -property specially benefited ; and WHEREAS , the City of Englewood and the Arapahoe County Clerk and Recorder are in agreement that procedures may be implemented to coordinate this issue ; NOW, THEREFORE , the Intergovernmental Agreement for Coordinated Election (Election and TABOR Notice) shall be clarified to allow the City of Englewood , Colorado to submit a question to be voted on by the property owners in the paving district in coordination with C.R.S. 31-25-534 . CITY OF ENGLEWOOD , COLORADO Thomas J. Burns , Mayor Attest: Loucrishia A. Ellis , City Clerk ,· Date July 7, 1997 -' INITIATED BY Election Commission COUNCIL COMMUNICATION Agenda Item 10 a x Subject Intergovernmental Agreement with Arapahoe County for Coordinated Election Services STAFF SOURCE Loucrishia A Ellis, City Clerk/Election Commission Member COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The City of Englewood participated with Arapahoe County in conducting coordinated elections in 1993, 1994, 1995 and 1996 . RECOMMENDED ACTION Approve , by ordinance , an intergovernmental agreement between the City of Englewood and Arapahoe County for the November 4, 1997 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 Clerks . Arapahoe County has advised the City of Englewood it will be conducting a Mair Ballot Election on November 4 , 1997 . 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 other political entities within the County . In order to participate in the 1997 coordinated election , it is essential for the City of Englewood to enter into an intergovernmental agreement with Arapahoe County . Staff has reviewed the proposed intergovernmental agreement with Arapahoe County and concurs with the Commission 's recommendation . FINANCIAL IMPACT Since costs are based on several variables , i.e. the number of registered electors in the City of Englewood at the time of the election , the number of ballot questions , the number of entities participating the election, the financial impact is only an estimate . Based on the known facts , the cost of the 1997 municipal election has been budgeted at $20 ,000 .00 . LIST OF ATTACHMENTS Proposed bill for an ordinance e Proposed Intergovernmental Agreement for Coordinated Election (Election and TABOR Notice)