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HomeMy WebLinkAbout1999 Ordinance No. 039• • • ORDINANCE NO. 3!/.- SERIES OF 1999 BY AUTHORITY COUNCIL BILL NO. 44 INTRODUCED BY COUNCIL MEMBER BRADSHAW 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 2, 1999. 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 , 1996 , 1997 and 1998; and 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 2, 1999 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 if necessary 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 . -1- 10 b iv Introduced, read in full, and passed on first reading on the 6th day of July, 1999. Published as a Bill for an Ordinance on the 9th day of July, 1999. Read by title and passed on final reading on the 19th day of July, 1999. Published by title as Ordinance No . J}_, Series of 1999 , on the 23rd day of July, 1999. 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 . .3f, Series of 1999. ~tffd Loucrishia A. Ellis -2- • • • • INTERGOVER.:.1\flVIENTAL AGREEMENT FOR COORDINATED ELECTION AR-'\P AHOE COUNTY NOv~IHBER 1, 1999 (Election and TABOR Notice) This Intergovernmental Agreement is entered into by and benveen the Board of County Commissioners of the County of Arapahoe, State of Colorado and the Arapahoe County C lerk and Recorder (hereinafter jointly referred to as the "County"') and the City of Englewood VlHEREAS, pursuant to the Uniform Election Code of 1992, as amended, • go vernmental entities are encouraged to cooperate and consolidate elections in order to reduce taxpayer expenses; and vVHEREAS, the County and the City of En alewood have determined that it is in the best interest of the taxpayers and the electors to conduct a Coordinated Election on J>iovember 2, 1999; and VlHEREAS , the Mail Ballot Election Act (Anicle 7.5 of Title 1, CRS) permits the use of mail ballot for certain elections; and WHEREA.S, the Colorado Constitution, Article X, Section 20, (the Tax:payer's Bill of Rights .Amendment or "T_..\BOR Amendment") requires the production of a mailed notice ("T . ..\BOR Notice") concerning certain ballot issues that will be submined to the electors of the County and the __ C-'---i_t~y_o_f~E~n~g_._l=-e=w""'-=o"""o""""d,__ ______ ; and • E x H I B I T 1 WHEREAS, the TABOR Notices of se':eral 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 b\· the County and the _C_i_t..._v__;:.o.....:f:.__::E=n.:..g""-'l::;_e::;_w_;_o~o~d ____ as fo 11 ov; s: 1. The November 2, 1999. election sl",all be conducted as a coordinated mail ballot election in accordance \Vith the ·cniform Election Code of 1992 (Articles 1-13 of Title 1, CRS) and TABOR .Ame::idrnent. The election participants shall be required to execute agreements witn Arapahoe County for this plli--pose and may include municipalities within the A.rapahoe County limits: school districts within the . .!\rapahoe County limits and special districts within the . .\rapahoe County limits and the State of Colorado. 2. The November 2, 1999, election shall be conducted as a mail ballot election by the County v.ith the use of ballots and electronic vote-counting equipment. 3. The Arapahoe County Clerk and Recorder shall be designated as the Coordinated Election Official and the City of Enqlewood hereby identifies _t_h_e_C_i_· t_y~_C_l_e_r_k _________ as it's Designated Election Official. 2 • • • • • • 4. The Counry shall perform the following tasks in relation to said election, to wit: a. Negotiate an agreement Vvith Sequoia Pacific Systems Corporation 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. Cenify the complete number of registered electors within the .Arapahoe County ponion of the Ci tv of Enalewood October 13, 1999. no later than d. Provide support on the date of the election by telephone and in person, should the need a.rise, until counting of the ballots is completed. e. Provide unofficial results of the election on election night by telephone or by facsimile transmittal upon request. f. Maintain a list of actual voters from the ?\ovember 2, 1999, election, and, upon request, generate a printed list of the persons who voted following the election. The cost will be S.005 (l /2 cent) per name . g. Determine the "least cost" method for mailing the TABQR "N"otice 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 Counry's effons to mail the TABOR Notice package at the "least cost" . 3 h. Include the City of Englewood text, as written and in ~~~""---~~----'~~~~~~~ the order submitted, in accordance with the TABOR Amendment • requirements for the T_.\BOR Notice requirements for the TABOR Notice. i. Store all voted ballots for a minimum of 6 months , and all other materials required by law to be saved in such a manner that they may be accessed oy the participating jurisdiction, if necessary, to resolve an y challenge or other legal questions that might arise regarding the election. J. The Counrv shall keeo a careful and ac:::urate accountin2: of time. suoolies, ~ ... -• Jr.. ... prii.1ting costs and salaries attributabie to the County's administration of the election for the jurisdiction. The pa..rtic ipating jurisdictions proportional share of actual costs shall be based on County expenditures relative to the November 2 , 1999, election, including prorated share of TABOR Notice. • k. Appoint, compensate, instruct and oversee the Board of Canvassers. I. Appoint, compensate, instruct and oversee the Judges of E le ction. m. No later than 2 0 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. n . Enforce Fair Campaign Practices Act (Article 45 of Title 1, CRS) as it relates to the November 2, 1999 election. o. Provide and operated 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. • 4 • • • 5. The __ C_i t__._y_o_f_E_n_q._l_e_w_o_o_d ________ shall perform the following tasks in relation to said election, to wit: a . Certify the list of candidates, ballot issues and/or ballot questions of each ballot issue or question on a diskette in 1'11icrosoft \Vord 97 format along with a paper copy of the ballot content no later than 4:00pm on September 8, 1999 . The ballot content must be certified in the order in which it will appear on the ballot. The cerrified list of candidates. ballot issues and/or ballot auestions shall be final and the Count\' will not be resnonsible for makin£ a.TJ.v chan£es after the cerrification. b . \Vithin one day of receipt, pro ofread the lavout and the text of the jurisdictions portion of the official ballots before authorizing the priming of all ballots . c . The City of Enalewood is to publish all required legal notices for the jurisdic~ions candidates and ballot questions, including the notice that is required by CRS 1-5-205 , that is published no later than 20 da ys before the electi on, October 13 , 1999 , which covers all pertinent information required b y statute. A copy of such published legal notice shall be submined to the County for its records. 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 20, 1999 . e. Remit payment directly to Arapahoe County '\Vi.thin 60 days of billing for its prorated share of all costs relating to the printing and mailing of ballots, 5 and all other election expenses described in Section 4 (j,k,l). The current estimate of costs is S.65 per ballot, to be shared by all participating jurisdictions. f. Comply with the proVlSlOilS of the uniform Election Code of 1992 (Articles 1-13 of Title 1, CRS ), and the time guidelines schedule as attached hereto as these relate to the November 2, 1999 election. The City of Englewood shall notify the County of any exception no later-than 29 days prior to the election. g. The process of receiving wTi.rten comments a.i.1d summanzmg such comments, as required by Section 20 of Article X of the Colorado Constitution is the so le responsibiliry of the Disrrict. h. Receiving of petition representative's summary of comments 1s the responsibility of the District. i. The Disrrict shall cenify a final and exact text and summary of comments concerrung its ballot issues to the County, on diskette formatted in Microsoft Word 97 along with a paper copy of said document, no later than 4:00pm on September 21 1999 for inclusion in the ballot issue mailing as required by Section 20 of Article X of the Colorado Constitution. The certified text and surnmarv of comments shall be final and the Counrv will not be resnonsible for makins;: anv chang:es after the certification. J. The City of Englewood shall def end and • • resolve at its sole expense all challenges relative to the candidates, ballot • 6 • • • 6. The issues and/or ballot questions as certified to the County for inclusion in the November 2, 1999 Coordinated Election. k. Submit to the County a copy of the panicipating jurisdiction map with the list of county precincts, which correspond to the County no later than July 27, 1999. 1. Remit payment to the County within 60 days of billing for the prorated cost of the preparation and mailing of the TABOR Notice package. m. Order and deliver a certified copy of the property O"INTier's list for the _C_i_· t~v~o_f_E_n~g_l_e_w_o_o_d _____ . (if deemed applicabie ). n . Deliver all requests for absentee ballots to the County for processing. Such requests shall be delivered or faxed dailv to the .A.rapahoe County Clerk and Recorder. City of Englewood avers that it bas sufficient funds available in its approved budget to pay its prorated election expenses for the )fovember 2, 1999 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. 7 9. Notices to be provided under this Intergovernmental Agreement shall be given in 'WTiting either by hand delivery or deposit in the United States mail, certified mail, return receipt requested, with sufficient postage, to the following persons: Donetta Davidson Arapahoe 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. 11. Attachments : Tue attachments on the following page (s) are a part of illis agreement. 8 • • • DATE: ------- • ARAPAHOE COl;]>ffY BOARD OF COlJNTY COiv&IlSSION"'ERS • • Steve Viard, Chairperson ATTEST: AR.-\PAHOE COTJ"NlY CLERK ~'ID RECORDER Donetta Davidson, Coordinated Election Official DATE : -------- JURISDICTION N.A..tvIE: -----------------~ B y: _________________________ ~ Title: ------------------------- 9 ADDE~lmiIA L"\TTERGOv"ER'l\rIENT-..\.L AGREENIENT FOR COORDINATED :VL,uL BALLOT ELECTION ARAPAHOE COur-rn· NO,l"E:\'IBER 2, 1999 (SCHOOL DISTRICTS Oi'H_ Y) Tne County shall perform the following tasks in addition and ;-elation to said election: All aspects of the petition process, discribution to and collection from candidates, and the verification of signarures. 1. Provide candidate packets whi ch include: Candidate information (guidelines) Petiti ons F air Campaign Practices Act forms 2. Verify candidate petitions, issu e the lette:-of sufficiency to candidates and to the designated election official of the school district. 3. \Vork in conjunction '>Vith rhe school districts on all protests of sufficiency or insufficiency. 10 • • • • • • COUNCIL COMMUNICATION Date Agenda Item Subject Intergovernmental Agreement with Arapahoe County for Coordinated July 6, 1999 10 a i Election Services Initiated By Staff Source Frank Gryglewicz, Director of Financial Services Election Commission/City Clerk's Office Loucrishia A. Ellis, City Clerk/Election Commission Member COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The City of Englewood has participated with Arapahoe County in conducting coordinated elections every year since 1993. RECOMMENDED ACTION Approve, by ordinance, an intergovernmental agreement between the City of Englewood and Arapahoe County for the November 2, 1999 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 Mail Ballot Election on November 2, 1999. 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 1999 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 in the election, the financial impact is only an estimate. Based on the known facts, the cost of the 1999 municipal election has been budgeted at $20,000.00. LIST OF AITACHMENTS Proposed bill for an ordinance Proposed Intergovernmental Agreement for Coordinated Election (Election and TABOR Notice)