HomeMy WebLinkAbout1998 Ordinance No. 042•
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ORDINANCE NO.~
SERIES OF 1998
BY AUTHORITY
COUNCIL BILL NO. 33
INTRODUCED BY COUNCIL
MEMBER NABHOLZ
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
3, 1998 .
WHEREAS , pursuant to the Uniform Election Code of 1992, go v ernmental entities
are encouraged to cooperate and consolidate elections in order to r e duce taxpayer
expenses; and
WHEREAS, the City of Englewood has participated with Arapahoe County in
conducting coordinated elections in 1993, 1994, 1995 , 1996 and 1997; and
WHEREAS , Arapahoe County and the City of Englewood have determined that it is
in the best interest of the taxpay ers and the electors to conduct a coordinated election
for the November 3 , 1998 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 s e t forth their
respective responsibilities for the coordinated election and if neces s ary 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 6 th day of July, 1998.
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Published as a Bill for an Ordinance on the 10th day of July, 1998 .
Read by title and passed on final reading on the 20th day of July, 1998.
Published by title as Ordinance No. ~eries of 1998, on the 24th day of July,
1998 .
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I , Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado , hereby certify
that the above and foregoing is a true copi, of the Ordinance pass on final reading
and published by title as Ordinance No~ Series of 1998.
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INTERGOVERNMENTAL AGREEMENT
FOR COORDINATE D ELECTION
{Election and TABOR Notice)
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
WHEREAS, pursuant to the Uniform Election Code of 1992, as
amended, governmental entities are encouraged to cooperate and
consolidate elections in order to reduce taxpayer expenses; and
WHEREAS, the County and the City of Englewood have
determined that it is in the best interes t of the taxpayers and
the electors to conduct a Coordinated Election at the November 3,
1998 election; and
WHEREAS, 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 the County and the C i t y of Englewood ; and
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WHEREAS, the TABOR notices of several jurisdictions are to be
sent as a package where jurisdictions overlap; and
WHEREAS, there should be county-wide coordi nation 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 City of E ngl e wo od 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
C ity of E n g lewood as follows:
1. The November 3, 1998, election shall be conducted as a
coordinated election in accordance with the Uniform Election Code
of 1992 (Articles 1-13 of Title 1, C.R.S.) and TABOR amendment
(Section 20 o f Article X of the Colorado Constitution). 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 3, 1998, 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 the coordinated ele ction official and the Citv of Engl ewo o d
jurisdiction hereby identifies t he City C lerk , as it's
"designated election official".
4. The County shall perform the following tasks in
relation to said election, to wit:
a. Nego~iate an agreement with Sequoia Pacific
Systems Corporation for the printing of the official ballots
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b. Provide a copy of all agreements or contracts
negotiated for election supplies, equipment and/or services to all
jurisdictions participating in the coordinated 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 City of Englewood
no later than October 14, 1998.
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
request.
g. Maintain a list of actual voters from the
November 3, 1998, 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 11 least cost" method for mailing
the TABOR notice package. Nothing herein shall preclude the
County from sending the TABOR notice or notice package to persona
other than electors of the City of Englewood if such
• sending arises from the County's efforts to mail the TABOR notice
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package at the "least cost".
i. Include the City 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, {C.R.S.1-7-802),
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
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 3, 1998, election, including prorated
share of TABOR notice.
1. 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 jurisdictions ballot style{s), to allow
for testing of electronic vote-counting equipment pertaining to
Absentee and Early Voting.
n. Enforce Fair Campaign Practices Act {Article 45
of Title 1, C.R.S.)
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• 5. The C i t y of E ng lewood 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
in writing, the printing of all ballots.
b. T h e Citv of En g l ewoo d is to publish all
required legal notices for the jurisdictions ballot questions and
candidates, including the notice that is required by C.R.S. 1 -5-
205, 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 ·20,
1998.
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d. Remit payment directly to Arapahoe County
within 30 days of billing for its prorated s h are of all costs
relating to the printing and mailing of Absentee Ballots, Early
Voting Ballots and the judges cost associated with Early Voting
and all other election expenses described in Section 4 (k,l). The
current estimate of costs is $.78 per ballot card plus $.12 for
each additional ballot card per set, to b e shared by all
participating jurisdictions for Absentee and Early Voting.
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 3, 1998, election. The Ci t y o f E ngl ewo od shall
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notify the County of any exception no later than 29 days prior to
the election.
f. Provide to the County, (on computer diskette
formatted in Word or 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 City of Englewood shall def end and
resolve at its sole expense all challenges relative to the ballot
questions and candidates, as certified to the County for inclusion
in the November 3, 1998, 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 30 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
6. The City of Englewood avers that it has
sufficient funds available in its approved budget to pay its
prorated election expenses for the November 3, 1998, election.
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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 Intergovernmenta l
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
City of E nglewood
C ity Cl e r k
3 400 S outh E lati Street
Englewo o d, CO 80110
10. This Intergovernmental Agreement may not be modified,
amended or otherwise altered unless mutually agreed upon in
writing by the part i es hereto.
11. Attachments: The attachments on the following page(s)
are a part of this agreement •
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Addendum A
CITY OF ENGLEWOOD, COLORADO
Name of Political Subdivision
NAME: Thomas J. Burns
TITLE: Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
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BOARD OF COUNTY COMMISSIONERS,
COUNTY OF ARAPAHOE, STATE OF
COLORADO
Debra A. Vickrey,Chairperson
Board of County Coimnissioners
of Arapahoe County
ARAPAHOE COUNTY
CLERK & RECORDER
Donetta Davidson
Arapahoe County
Clerk & Recorder
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Addendum A
CITY OF ENGLEWOOD, COLORADO
Name of Political Subdivision
NAME: Thomas J. Burns
ATTEST:
Loucrishia A. Ellis, City Clerk
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BOARD OF COUNTY COMMISSIONERS,
COUNTY OF ARAPAHOE, STATE OF
COLORADO
Debra A. Vickrey, Chairperson
Board of County Commissioners
of Arapahoe County
ARAPAHOE COUNTY
CLERK & RE CORDER
Donetta Davidson
Arapahoe County
Clerk & Recorder
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TIME GUIDELINES SCHEDULE
September 4, 1998 INTERGOVERNMENTAL 1-7-116 (2)CRS
(no less than 60 days prior AGREEMENT
to the Election) Intergovernmental agreement to be signed
between the County Clerk and Recorder
and the political subdivision.
BALLOT CONTENT
Last day governing body may provide the
County Clerk and Recorder the approved
legislative action, certification and ballot
proof.
September 8, 1998 CANDIDATE WITHDRAWAL 1-4-1002 (2) CRS
(more than 55 days before Last day a candidate may withdraw from
the General Election) the General Election.
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September 9, 1998 VACAl~CY DESIGNATION 1-4-1002 (5)(a)
(no later than the close of Last day for a person des i gnated to fill a
business on the 55 111 day vacancy in designation or nomination for
before the Election) the General Election to file the certificate
of designation or nomination to fill the
vacancy, together with a written
acceptance, with the designated election
official.
September 14, 1998
(at least 50 days before the
General Election)
September 18, 1998
(Friday before the 45 1
h day
before the General
Election)
September 21, 1998
(at least 43 days before the
election)
September 22, 1998
(at least 42 days before the
election)
September 24, 1998
(no later than the 40th day
preceding the date of the
scheduled nonpartisan
election)
September 29 thru
November 2, 1998
(not more than 5 weeks nor
less than 1 day prior to the
General Election)
October 1, 1998
October 2, 1998
(not less than 32 days
before every General
Election )
CERTIFY BALLOT CONTENT
Last day for the Secretary of State to send
notice and certification of the General
Election ballot to the County Clerk.
COMMENTS FOR TABOR NOTICE
Last day to file pro /con comments
pertaining to local ballot issues with the
designated election official in order to be
included in the issue mailing.
SUMMARY OF TABOR COMMENTS
Last day for petition representatives to
submit a summary of comments in favor
of their local ballot issue to the designated
election official , no later than 3 :OOpm.
TRANSMITTAL OF TABOR NOTICE
Last day for the designated election
official to deliver ballot issue notices to
county clerk and recorder.
INITIAL LIST OF REGISTERED
VOTERS
County Clerk and Recorder to certify list
of registered voters for a Nonpartisan
Election held in November.
JUDGES SCHOOL
School of instruction for all election
judges to be held by the County Clerk and
Recorder.
FCPA
Fair Campaign Practice Act filing due .
Covers from August 27, 1998 thru
September 25, 1998.
BALLOTS PRINTED
Ballots for the General Election must be
printed and in possess ion of the
designated election offic ial.
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1-5-203 (1) CRS
1-7-901(4) CRS
State Constitution Article
X, Sec 20 (3)(b )(v)
1-7-903 (3) CRS
SOS Rule 5.4.4.5
1-7-904 CRS
1-5-303(2) CRS
1-6-107 (2) CRS
1-45-108 (2)(a)
1-5-403 (1) CRS
October 4, 1998
(at least 30 days before
VElection)
October 5, 1998
(at least 30 days before a
ballot issue election)
October 5, 1998
(by close of business on the
30th day before election)
(30th day prior to the
Election)
(29 days preceding the
General Election)
(29 days preceding the
General Election)
October 6 thru November
3,1998
(for the 28 days before and
on the day of the election)
October 14, 1998
(20th day before the
Election)
October 19, 1998
( 15 days before the
Election)
STATEWIDE INFORMATION
BOOKLET
Last day for Legislative Council staff to
cause the ballot information booklet for
statewide measures to be distributed to
active registered voters statewide.
TABOR NOTICE MAILED
Last day to mail notice of election ballot
issues.
WRITE-IN CAL"\IDIDATE AFFIDAVIT
Last day for write-in candidate to file
Affidavit of Intent for the General
Election.
REGISTRATION RECORDS FOR
NONP ARTISA.t"\f ELECTIONS
The designated election official may order
a complete list of the registered electors
with a supplementary list provided on the
20th day, or the designated election
official may order a complete list as of the
20th day prior to the election.
REGISTRATION DEADLINE
Last day to register to vote for the General
Election.
Last day of registration for overseas
citizens for the General Election.
BALLOTS ISSUED FOR FEDERAL
OFFICES ONLY.
CHANGE OF ADDRESS
Elector may complete a sworn affidavit
for a change of address in the county
clerk's office stating that he/she moved
within the county prior to the 30th day
before the election.
REGISTRATION RECORDS
The County Clerk and Recorder shall
certify and make available a supplemental
list of the eligible electors who have
become eligible since the earlier list was
certified. These lists shall substitute for
the original registration record.
EARLY VOTING
Early voting begins at the early voters'
polling place for the General Election.
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State Constitution Article
V, Section 1 (7.5)(b)
State Constitution, Article
X, Section 20 (3)(b)
Referendum B
1-4-1102 CRS
1-2-201 (3) CRS
1-2-209 (2) CRS
1-2-216 (4) (a) CRS
1-8-202 CRS
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(at least 15 days before the BOARD OF CANVASSERS 1-10-101 (l)(a) CRS
Election) Last day for coWity chairpersons of each
of the two major political parties to
appoint Board of Canvassers for the
General Election.
October 20, 1998 FCPA 1-45-108 (2)(a) CRS
( 14 days before the General Fair Campaign Practice Act filing due.
Election) Covers from September 26, 1998 thru
October 14, 1998.
October 22, 1998 POST POLLING PLACE SIGNS 1-5-106 CRS
(at least 12 days before the Last day to post polling place signs for the
Election) General Election.
October 23, 1998 TEST BALLOTS 1-7-506 CRS
CoWity Clerk and Recorder to provide the
October 24, 1998
(at least 10 days before the .
Election)
October 27, 1998
(at least one week before
any ballots are counted
electronically-counting of
the absentee and early
voters' ballots may begin
the Monday before the
Election)
October 30, 1998
(Friday preceding the
election)
November 1, 1998
NOVEMBER 3, 1998
jurisdictions the test deck for test ballots.
ELECTION NOTICE DEADLINE
Last day for County Clerks to give notice
of the General Election.
CONTINGENCY PLAN
Last day for coWity clerks to file
contingency plans for their electronic
vote-counting facilities .
LAST DAY FOR EARLY Al~D
ABSENTEE VOTING
Last day to apply for an absentee ballot
for the General Election.
Last day for early voting at the early
voter 's polling place fo r the General
Election.
FCPA
Fair Campaign Practice Act filing due.
Covers from October 15, 1998 thru
October 26, 1998.
GENERAL ELECTION DAY
POLLS OPEN 7:00AJ.\1-7:00PM
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1-1-106 (4) & 1-5-205 (1)
CRS
SOS Rule 9.6
1-8-104 (3) CRS
1-8-208 (3) CRS
1-45-108 (2)(a)
SOS Rule 26 . l
1-1-107 (17)
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November 4-November
13,1998
(no later than the 10th day
after the General Election)
November 13, 1998
(within 10 days after the
Election )
November 19, 1998
( 16 days after the Election)
November 23, 1998
(2 0 days after the Election)
December 3, 1998
(within 30 days after the
Election)
December 3, 1998
(within 30 days after the
General Election)
(3 0 days after the
Election)
January 15, 1999
EMERGENCY ABSENTEE 1-8-115 (l)(b) & (2 ) CRS
BALLOTS & ABSENTEE BALLOTS
Emergenc y absentee ballot requests must
be made before 5 :OOpm and returned no
later than 7:00pm on General Election
Day.
All absentee ballots shall be in the hands 1-8-113 ( 1) CRS
of the County Clerk no later than 7:0 0pm.
SURVEY OF RESULTS
The County Board of Canvassers shall
prepare the official Abstract of Votes for
the General Election and immediately
deliver a copy to the Secretary of State.
RECOUNT
Last day a ballot issue proponent or
opponent may request a recount of the
General Election at their own expense.
OFFICIAL ABSTRACT
Last day for County Clerk and Rec order
to certify the official abstract to the office
of the Secretary of State; Secretary of
State shall proceed to canvass the votes of
the General Election.
MANDATORY RECOUNT
Last day for Secretary of State to order a
recount of the General Election.
FCPA
Fair Campaign Practice Act filing due.
Covers from October 26, 1998 thru
November 27, 1998.
RECOUNT
Last day a losing candidate can request a
recount at their own expense of the
General Election.
Last day to complete a statutory recount
of the General Election.
FCPA
Fair Campaign Practice Act filing due.
Covers from November 28, 1998 thru
December 31 , 1998.
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1-10-102 (1) CRS
1-10-304 .5 CRS
1-10-103 (2 ) CRS
1-10-301 (1) CRS
1-48-108 (2) (a ) CRS
1-10-304 CRS
1-10-301 (2) CRS
1-45-108 (2) (a ) CRS
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COUNCIL COMMUNICATION
Date Agenda Item Subject Intergovernmental
Agreement with Arapahoe
County for Coordinated
July 6, 1998 10 a i Election Services
Initiated By Staff Sources
Loucrishia A. Ellis , City Clerk/Election
Election Commission Commission Member
Frank Gryglewicz, Director of Financial Services
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The City of Englewood participated with Arapahoe County in conducting coordinated elections in 1993,
1994 , 1995, 1996 and 1997.
RECOMMENDED ACTION
Approve, by ordinance, an intergovernmental agreement between the City of Englewood and Arapahoe
County for the November 3, 1998 Coordinated 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 Polling Place Election on
November 3, 1998. 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
1998 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 and the number of entities
participating the election, the financial impact is only an estimate. Based on the known facts, the cost
of the 1998 municipal election has been budgeted at S20 ,000.00.
LIST OF ATTACHMENTS
Proposed Council Bill No. 33
Proposed Intergovernmental Agreement for Coordinated Election (Election and TABOR Notice)