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HomeMy WebLinkAbout1993-08-17 EC MEMOMEMORANDUM TO: Election Commission ?uJC FROM: Patricia Crow, City Clerk DATE: August 17 , 1993 SUBJECT: ELECTION CONCERNS Attached are several items for your review, one of which is Council Bill No. 47 approved on first reading by Council last evening . This is the agreement with Arapahoe County for the coordinated election. So you can see we're moving right along. Several ballot questions are being "kicked around." One concerning popular vote for the Mayoral position for which a special meeting has been set on August 23rd at 7 :30 p.m. The others concerning various revenue issues are scheduled for approval/disapproval September 7th, but will be discussed in study session 8/23 and possibly 8/30 . We'll be down to the line on these as 9/7 is the absolute deadline for any questions to be added to the ballot. I'll be out-of-town from 8/26 through 9/8 , and back in the office on the 9th. So far Clyde Wiggins is the only one to have declared candidacy. We've given out 8 candidate packets -one for District II, one for District IV ( Wiggins) and the rest are for Council At-Large. Nothing further on Career Service Board. Printed on Recycled Paper ~ . \ Date August 16, 1993 INITIATED BY STAFF SOURCE . COUNCIL COI\.1MUNICA TION Agenda Item J'f (a) Subject Intergovernmental Agreement with Arapahoe County for Coordinated Services Englewood Election Commission Patricia Crow, City Clerk/Member of Election Commission ISSUE/ACTION 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, 1993. 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 legislation, 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 Oerks. Arapahoe County has advised the City of Englewood it will be utilizing a Mail-in Ballot for the November 2, 1993 election. The County has the capability of coordinating this election and of including the City of Englewood. 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 order to participate in the 1993 coordinated election, it is essential for the City of Englewood to enter into an intergovernmental agreement with Arapahoe County by September 3, 1993 (60 days prior to the election). · Pr inted on Recyc led Pape r ~ STAFF ANALYSIS Staff has met with Arapahoe County; has reviewed the proposed intergovernmental agreement; and concurs with the Commission's recommendation, with the understanding that the Englewood Home Rule Charter provisions supersede any conflicting provisions of the Uniform Election Code. The County has been fully apprised of those conflicting provisions and has agreed to work with the City to ensure a successful election this November. FINANCIAL IMP ACT Since costs are based on two unknown variables, i.e., the number of registered electors in the City of Englewood at the time of election and the size of the ballot, which depends upon the number of questions posed by the City and number of candidates running, the financial impact is only an estimate. Based on the known facts, the cost of the 1993 municipal election will exceed the amount budgeted ($8,500) and are expected to be at least $16,000. ORDINANCE NO._ SERIES OF 1993 BY AUTHORITY ABILL FOR COUNCIL BILL NO. 47 INTRODU~1~Y lOUNCIL MEMBER r_~'f(J ------ 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 MAIL BALLOT ELECTION NOVEMBER 2, 1993. 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 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 and the City of Englewood have determined that it is in the best interest of the taxpayers and the electors to conduct a consolidated mail ballot election for the November 2, 1993 election; and WHEREAS , Arapahoe 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 City Council of the City of Englewood, Colorado hereby approves 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 Mail Ballot Election November 2, 1993. Such Agreement generally reads as follows: A. The November 2, 1993 election shall be conducted as a consolidated mail ballot election in accordance with the Uniform Election Code of 1992 (Articles 1-13 of Title 1, C.R.S .) and the TABOR amendment (Section 20 of Article X of the Colorado Constitution). The election participants may include the municipalities of Aurora, Englewood, Deer Trail and Sheridan within the Arapahoe County limits; the Aurora, Bennett, Byers, Cherry Creek, Deer Trial, Englewood, Littleton, Sheridan and Strasburg School Districts within the Arapahoe County limits; special districts within the Arapahoe County limits; and the State of Colorado. · B. The November 2, 1993 election shall be conducted by the County with the use of ballot cards and electronic vote counting equipment. C. The Arapahoe County Clerk and Recorder is designated as the coordinated election official and the City of Englewood hereby identifies Englewood City Clerk as its designated election official. -1 - D. The Arapahoe County Clerk and Recorder shall perform the following tasks in relation to said election, to wit: 1. Negotiate an agreement with Sequoia Pacific Systems Corporation for the printing of the official ballots. 2. Provide a copy of all agreements or contracts negotiated for mail ballot election supplies, equipment and/or services to all jurisdictions participating in the coordinated 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 completed. 6. 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 preventive maintenance on the electronic vote counting equipment. 7. Provide the unofficial results of the election on election night by telephone or by facsimile transmittal and to provide the City of Englewood with a copy of the abstract of vote not later than November 12, 1993. 8 . Maintain a list of actual voters from the November 2, 1993 election, and upon request, generate a printed list of the persons who voted following the election. The cost will be $.005 per name. 9. 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 sending arises from the County's efforts to mail the TABOR notice package at the "least cost". 10 . Include the City's text, as written and in the order submitted, in accordance with the TABOR amendment requirements for the TABOR notice . 11. Store all voted ballots for a minimum of 6 months, and all other materials required by law to be saved for 25 months in such a manner that they may be accessed by the City of Englewood, if necessary, to resolve any challenge or other legal questions that might arise regarding the election. -2- E. The City of Englewood shall perform the following tasks in relation to said e election, to wit: 1. Proofread the layout and the text of the City of Englewood's portion of the official ballots before authorizing the printing of the ballots. 2. Publish all required legal notices for the City of Englewood ballot questions and candidates. 3. Prepare, hand-count and deliver to the Arapahoe County Clerk, the required test deck of ballots for testing the electronic vote-counting equipment no later than October 23, 1993 . 4. Remit payment directly to Sequoia Pacific for its prorated share of all costs relating to the printing and mailing of the City of Englewood's ballots. The curr ent estimate of costs i s $. 77 per ballot card plus $.06 for each additional ballot card, to be shared by all participating jurisdictions . 5. Remit payment to the County for the prorated cost of the pre-election preventative maintenance on the electronic vote counting equipment in the amount of $71.00. 6 . Enforce Campaign Reform Act of 1974 (Article 45 of Title 1, C.R.S.) as it relates to the November 2, 1993 election in the City of Englewood. 7. Comply with the provisions of the Uniform Election Code of 1992 (Articles 1-13 of Title 1, C.RS.), and with the time guideline schedule as these relate to 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 exceptions no later that 30 days prior to the election. 8. Deliver all requests for absentee ballots to the County for processing in a timely manner. Such requests shall be delivered daily to the Arapahoe County Clerk and Recorder commencing October 4, 1993. 9. Provide a copy of the governing body's approved legislative action (Ordinance or Resolution) to the County within no less than 45 days prior to the date of the election . 10. Provide to the County all required TABOR notices concerning the City's ballot issues in the manner required by the Uniform Election Code. 11. The City of Englewood shall resolve all challenges relative to the ballot questions and candidates, as certified to the County for inclusion in the November 2, 1993, coordinated election. F. The City of Englewood avers that it has sufficient funds available in its approved budget to pay its prorated election expenses for the November 2, 1993 election. -3- G . The County and the City of Englewood acknowledge that Sequoia Pacific Systems Corporation is deemed a third-party beneficiary to this Intergovernmental A Agreement and may enforce those provisions which relate to payment by the City W of Englewood for its prorated election expenses owed to Sequoia Pacific Systems Corporation. H. Unless otherwise agreed in writing, this Intergovernmental Agreement and the interpretation thereof shall be governed by the laws of the State of Colorado. I. 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. J. Notices to be provided under this Intergovernmental 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 Englewood Office of the City !\ttorney 3400 South Elati Street Englewood, Colorado 80110 K. The Intergovernmental Agreement may not be modified, amended or otherwise altered unless mutually agreed upon in writing by the parties hereto . Introduced, read in full, and passed on first reading on the 16th day of August, 1993. Published as a Bill for an Ordinance on the 19th day of August, 1993. Clyde E. Wiggins, Mayor ATTEST: Patricia H. Crow, City Clerk I, Patricia H . Crow, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 16th day of August, 1993 . Patricia H. Crow -4-