HomeMy WebLinkAbout8778RESOLUTION NO. 8778
A RESOLUTION APPROVING AN AGREEMENT BETWEEN
THE CITY OF PUEBLO AND PUEBLO COUNTY RELATING
TO ELECTION SERVICES FOR THE 1999 MUNICIPAL ELECTION
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1:
The Agreement by and between the City of Pueblo and Pueblo County on behalf
of the Clerk and Recorder of Pueblo County dated August 23, 1999, ( "Agreement "), a
true copy of which is attached thereto, is hereby approved.
SECTION 2:
The President of the City Council is authorized and directed to execute said
Agreement for and on behalf of the City; and the City Clerk is directed to affix the seal of
the City thereto and attest same.
ATTEST:
City QCrk
INTRODUCED: August 23, 1999
By Cathy A. Garcia
Councilperson
resident of the Council
AGREEMENT
THIS AGREEMENT is made and entered into this 23rd day of August ,
1999 between Pueblo County, on behalf of the Clerk and Recorder of Pueblo County, hereinafter
referred to as the "County Clerk ", and the City of Pueblo, a municipal corporation, hereinafter
referred to as "City ".
WITNES SETH:
WHEREAS, the City is a home -rule city charged with the responsibility of providing for
and governing the- conduct of all of its municipal elections pursuant to Articles 2, 3, 17, 18, and
19 of its Charter and Article XX of the Colorado Constitution; and
WHEREAS, the County Clerk has the facilities to perform the functions required in the
administration of those elections and is authorized to conduct elections as provided by law; and
WHEREAS, pursuant to Colorado Constitution Article MV, Section 18 (2)(a), and §29 -1-
203, C.R.S., as amended, the County Clerk and the City may cooperate or contract with each
other to provide any function, service, or facility lawfully authorized to each, and any such
contract may provide for the sharing of costs; and
WHEREAS, by Ordinance No.- _6463 _ of the City of Pueblo, the City has determined that
it is in the best interests of the City and its residents to participate in and conduct its election to be
held on November 2, 1999 as a coordinated election in accordance with the procedures and
requirements of the Uniform Election Code of 1992 ( "92 Code "), except to the extent same
conflict with a specific provision of the Charter; and
WHEREAS, the City has determined that it is in the best interests of the City to conduct its
election, to be held on November 2, 1999, as a "coordinated election" as such term is defined in
the Uniform Election Code of 1992, as amended (the "Code "), and the Code, pursuant to §1 -7-
116, C.R.S., contemplates entry into and performance of intergovernmental agreements where
political subdivisions and the county clerk and recorder cooperate in the conduct and financing of
the election; and
WHEREAS, the Constitution of Colorado, Article X, Section 20, requires the production
of a mailed Notice ( "TABOR Notice ") concerning ballot issues that will be submitted to the
electors of the City; and
WHEREAS, the TABOR Notices of several jurisdictions are to be sent as a package where
jurisdictions overlapped ( "TABOR Notice Package "); and
WHEREAS, the need to produce the TABOR Notice Package requires that there 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 Clerk and Recorder of Pueblo County and the City desire to set
forth their respective responsibilities in the production and mailing of the TABOR Notice
Package for elections conducted pursuant to this intergovernmental Agreement; and
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WHEREAS, the County Clerk and the City have determined that it is in the best interests
of the County, the City, and their respective inhabitants and landowners to cooperate and contract
concerning the coordinated election on November 2, 1999, upon the terms and conditions
contained herein.
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises
contained herein, the sufficiency of which is hereby acknowledged, the parties agree as follows:
I. GENERAL MATTERS:
A. Purpose:
The purpose of this Agreement is to set forth the tasks to be completed by the
County Clerk and the City in the conduct and finance of the November 2, 1999,
election.
B. Coordinated Election Official and Other Election Personnel:
Except as otherwise provided in this Section, the County Clerk shall act as the
Coordinated Election Official for the conduct of the election for the City for all
matters in the Code which require action by the Coordinated Election Official,
except to the extent such action must be performed by the City Clerk or City's Board
of Elections pursuant to Charter requirements and except as otherwise provided in
this Agreement.
The City designates Gina Dutcher, City Clerk, as its "Contact Officer" who, together
with the City's Board of Elections, shall be the primary liaison between the City and
the County Clerk and who shall have the primary responsibility for the conduct of
the election procedures to be handled by the City hereunder and who shall cooperate
with the County Clerk in the conduct of the election.
C. The parties acknowledge that matters involving compliance with specific City
Charter provisions shall be and remain the sole responsibility of, and are to be
exclusively handled by, the City.
II. DUTIES OF THE COUNTY CLERK:
The County Clerk shall perform the following duties for the City in connection with the
conduct of the coordinated election:
A. Determine the "least cost" method for mailing the TABOR Notice Package.
B. Combine the text of the TABOR Notice produced by the City with those of other
jurisdictions to produce the TABOR Notice Package. The County Clerk may
determine the order of the TABOR Notice submitted by the City and those of other
jurisdictions to be included in the TABOR Notice Package, provided, however, that
the materials supplied by the City shall be kept together as a group and in the order
supplied by the City.
C. Address the TABOR Notice package to "all registered voters" at each address of one
or more active registered electors of the City. Nothing herein shall preclude the
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County Clerk from sending the TABOR Notice or Notice Package to persons other
than electors of the City if such sending arises from the County Clerk's efforts to
mail the TABOR Notice Package at "least cost ".
D. Mail the TABOR Notice Package, as required by the Code.
E. Provide the final layout of the absentee and official ballots to the City in order to
permit the City to review and proofread before the County Clerk authorizes the
printing of the ballots. The City shall return the ballots following review and
proofreading within twenty -four (24) hours of receipt of ballot from the County
Clerk. No changes to the ballots may be made without the express written approval
of the County Clerk.
F. Arrange for the printing, and have printed, all absentee and official ballots. In
consultation with the Contact Officer, the County Clerk will order the number of
ballots reasonably expected to be required to be printed for each polling place.
G. Appoint, provide written materials, as required by law, train, and pay a sufficient
number of qualified election judges to adequately serve the number of electors
anticipated to vote at the Coordinated Election. The election judges for the City
election may be the same persons as are employed for elections held by other
jurisdictions on the same day and at the same polling places.
H. Conduct such formal training sessions for the Judges of Election as deemed
reasonably necessary by the County Clerk.
I. Perform all services necessary for absentee and early voting in the City's coordinated
election, including preparation of absentee ballots, absentee voter materials, receipt
and processing of applications for absentee ballots, mailing absentee materials,
receipt of absentee materials, checking voter qualifications, and preparation for
counting, opening, and conduct of the early voter's polling place and preparation of
early voter ballots for counting.
J. Provide polling places, polling place supplies, and voting equipment. Make all
required election notice postings at the polling place. Oversee the election judges in
the performance of required sample ballot, instruction cards, precinct maps, and
other interior polling place postings as may be required by law.
K. Conduct and oversee, in coordination with theCity's Board of Elections, the process
of counting the ballots and reporting the results.
L. Certify the results of the City's election within the time required by law and
forthwith provide the City with a copy of all election statements and certificates
which are to be created under the Code and provide City with election abstracts and
official certifications in such number as City may reasonably require.
M. Store all voted ballots for a minimum of 6 months and all signature cards of electors
who cast ballots at the election for a minimum of 25 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, if necessary, in connection with or to resolve any challenge,
suit, or other legal question that might arise regarding the election.
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N. Keep a careful, accurate, and contemporaneous accounting of time, supplies, and
salaries chargeable to the City including:
1. Charging the City for that portion of staff time, including salary and benefits,
directly attributable to conducting the coordinated election on behalf of the
City and that portion of building rental, both for set -up and polling places, and
materials directly attributable to the City for the preparation and conduct of the
coordinated election.
2. Charging the City for the cost of election and supply judges, provided,
however, that such cost shall be prorated by multiplying the number of judges
for a given polling place and dividing the result by the number of jurisdictions
utilizing each polling place.
O. Adhere to all applicable provisions of the Code which are necessary or appropriate
to the performance of the above duties.
III. DUTIES OF THE CITY:
In consideration of the foregoing, the City agrees to perform the following tasks and
activities:
A. Provide the County Clerk all TABOR Notices concerning City ballot issues in the
manner required by the Code on or before September 21, 1999, by 4:30 p.m. Such
Amendment 1 Notice shall include:
1. The election date, hours, ballot title, text, and local election office
address and telephone number.
2. For proposed City tax or bonded debt increases, the estimated or
actual total of City fiscal year spending for the current year and each of the
past four years and the overall percentage and dollar change.
3. For the first full fiscal year of each proposed City tax increase,
City estimates of the maximum dollar amount of each increase and of district
fiscal year spending without the increase.
4. For proposed City bonded debt, its principal amount and
maximum annual and total district repayment cost and the principal balance of
total current City bonded debt and its maximum annual and remaining total
City repayment cost.
5. Two summaries, up to 500 words each, one for and one against
any ballot proposal, of written comments filed with the Contact Officer. No
summary shall mention names of persons or private groups nor any
endorsements of or resolutions against the proposal. Petition representatives
following these rules shall write this summary for their petition. The Contact
Officer shall maintain and accurately summarize all other relevant written
comments.
6. Summarize written comments concerning ballot issues following
receipt of such comments received from the Contact Officer and the public as
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necessary for use in the Amendment 1 Notice.
7. Provide the City's completed Amendment 1 Notice to the County
Clerk in camera -ready form. Regardless of the total number of pages, the
submission to the County Clerk shall be on one side of each page. This
submission, shall be in the form that shall be printed by the County Clerk and
may not be changed by the City following submission to the County Clerk
without special written dispensation from the County Clerk (such dispensation
may be withheld for any or no reason), and shall be provided to the County
Clerk on or before September 21, 1999.
B. Perform such acts as may be required by law or the City Charter, including
circulation, approval, review, and all other activities, relating to any matter that may
concern the City. The Contact Officer shall interact with any City petition
representatives, including but not limited to, working to ensure that the Contact
Officer or Coordinated Election Official receives the summary of written comments
for their petition within the time required by law.
C. Certify the complete ballot content, including the elective City offices to be filled, to
the County Clerk prior to the 50th day before the election, except that the City may
provide the County Clerk the names of the candidates for City offices after the 50th
day before the election, but the City shall provide the County Clerk the names of
said candidates within two days of receipt by the City Clerk of all nominating papers
comprising a petition, and all candidates' names must be submitted to the County
Clerk by the 27th day before the election. Review and proofread the final ballot, as
provided to the City under Section II.E. above.
D. Review and proofread the layout, format, and text of the absentee and official ballots
before the County Clerk authorizes the printing of the ballots.
E. Accept the established election polling places as the official polling places for the
City's November 2, 1999, election.
F. Pay the City's share of the actual cost of services, building rental, materials, and
mileage to the County Clerk upon receipt of the itemized statement for same.
The City agrees to compensate the County Clerk on a prorated basis for the costs
associated with the following materials, building rental, and services, where costs are
not solely related to the City's election, and for the entire cost of the following
materials, building rental, and services, where costs are solely related to the City's
election upon receipt of an itemized statement for same:
(1) Actual costs of services, materials, and mileage associated with the conduct of
the election. Actual costs include, but are not limited to, the costs of labor,
printing, and materials itemized, identified, and consumed for the conduct of
the City's election. The actual cost of labor includes the actual hourly wage
and all associated benefits paid to each staff member, which are directly
attributable to conducting the coordinated election on behalf of City.
(2) Actual costs for complete alphabetical listing of electors
(3) Actual costs for alphabetical listing by precinct
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(4) Actual costs, including Election Preparation/Set -Up and tabulation and
processing charge
(5) Actual costs of building rental for set -up activities and polling places
(6) Actual costs for election and supply judges
(7) Actual costs of preparation and publication of all notices required by the
Election Code
(8) Actual cost of preparation and printing the ballots
(9) Actual costs for mailing
(10) Any other cost or expense shall be as mutually agreed to between the City and
the County Clerk.
G. The City and its Contact Officer shall cooperate with the Coordinated Election
Official in the conduct of all dates and responsibilities of the Coordinated Election
Official in the conduct of the election.
IV. TERM/TERMINATION:
This Agreement is intended to apply to the November 2, 1999, election. The effective date
of this Agreement is the date and year first written above and it shall automatically
terminate on December 31, 1999, provided, however, that the County Clerk's record
retention obligations provided in Paragraph II.M. shall survive termination.
V. OTHER:
A. CANCELLATION OF ELECTION BY THE CITY:
In the event that the City, at some time after the effective date of this Agreement,
resolves not to hold the election, then notice of such resolution shall be provided to
the County Clerk immediately. The City shall promptly pay the County Clerk the
full actual costs of the activities of the County Clerk, relating to the City's costs
associated with the election, both before and after the County Clerk's receipt of such
notice. The City shall publish notice, as defined in the Code, of such cancellation in
at least two newspapers of general circulation in Pueblo County. The County Clerk
shall post notice of the cancellation in the Office of the County Clerk and the
Contact Officer shall post notice of the cancellation at City Hall. The City shall not
cancel the election after the 25th day prior to the election.
B. This Agreement constitutes the entire agreement between the parties and supersedes
all prior and contemporaneous agreements, representation, and understandings
between them. All duties, services, labor expenses, and costs needed or required in
connection with this election that are attributable to the City, other than those
specified above or by amendment to this Agreement, shall be provided by, and be
the sole responsibility of, the City. No variation or modification of this Agreement,
and no waiver of any of the Agreement's provisions or conditions will be binding
unless made in writing and signed by duly authorized owners, principals, or officers
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of the City and Pueblo County. This Agreement shall be construed and enforced
according to the laws of the State of Colorado.
This Agreement shall be binding upon and inure to the benefit of the parties to it and
their respective legal representatives, successors, and assigns. Any delegation or
assignment of this Agreement by either party without the prior written consent of the
other party shall be void. The subject headings of the paragraphs of this Agreement
are included for purposes of convenience only and shall not effect the construction
or interpretation of its provisions.
C. Except as set forth elsewhere in this paragraph, all notices to be given in this
Agreement shall be made in writing and shall be sufficient if delivered personally
due to the need for timely transmission of information to the other party at the
following addresses:
Pueblo County
Attn: Clerk and Recorder
Pueblo County Courthouse
215 West 10th Street
Pueblo, CO 81003
Phone: 583 -6520
and
City of Pueblo
Attn: City Clerk
1 City Hall Place
Pueblo, CO 81003
Phone: 584 -0840
D. CONFLICT OF AGREEMENT WITH LAW:
In the event that any provision of this Agreement conflicts with the Code or other
statutory or regulatory law, this Agreement shall be modified to conform to such
law. No subsequent resolution of the Board of County Commissioners nor of the
City shall impair the rights of the County Clerk or the City hereunder without the
consent of the other party to this Agreement.
E. TIME OF THE ESSENCE:
Time is of the essence of this Agreement. The statutory time requirements of the
Code shall apply to the completion of the tasks required by this Agreement except as
those time requirements are specifically modified in this Agreement as a result of the
provisions in the City Charter.
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F. GOOD FAITH:
The parties shall implement this Agreement in good faith including acting in good
faith in all matters that require joint or coordinated action.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement the day and
year first written above.
ATTEST:
By: --
Ze e Bo ard
PUEBLO COUNTY, COLORADO
:A
ATTEST:
By
APPROVED AS TO FORM:
By:
City AttorrWs Office Cl
B _ % 41- M l
Pueblo County Attorney's Office
CITY OF PUEBLO A MUNI AL CON
v. ` 1�
APPROVED AS TO CONTENT:
By: A i- ' �' cg.
Pue ounty Clerk and 7rr
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STATE OF COLORADO,
ss.
County of Pueblo,
The Board of County Commissioners met in Regular session in its
office in Pueblo County, Colorado, on Thursday the 2nd day of
September A. D. 19 99 , at 10:00 A.M. o'clock.
Present: _ John L. Klomp Chairman.
to Matt Peulen County Commissioner.
It Loretta Kennedy County Commissioner.
" Tami Yellico, Asst Cty. Att County Attorney.
to Sue M. Kovacich, Dep. Clerk County Clerk or Deputy.
When the following proceedings, among others, were had and done, to -wit:
RESOLUTION NO. 99 -280 APPROVING THE 1999 COORDINATED
ELECTION AGREEMENT BETWEEN PUEBLO
COUNTY, ON BEHALF OF THE PUEBLO
COUNTY CLERK AND RECORDER, AND THE
CITY OF PUEBLO
WHEREAS, pursuant to Colorado Constitution Article XIV, Section 18 (2)(a), and §29 -1-
203, C.R.S., as amended, Pueblo County and the City of Pueblo may cooperate or contract with
each other to provide any function, service, or facility lawfully authorized to each, and any such
contract may provide for the sharing of costs, the imposition of taxes, and the incurring of debt;
and
WHEREAS, pursuant to Articles 2, 3, 17, 18, and 19 of the Charter of the City of Pueblo
and Article XX of the Colorado Constitution, the City of Pueblo is charged with the
responsibility of providing for and governing the conduct of all of its municipal elections; and
WHEREAS, the City of Pueblo has determined that it is in the best interests of the City to
conduct its election, to be held on November 2, 1 999, as a "coordinated election" as such term is
defined in the Uniform Election Code, as amended (the "Code "), and the Code, pursuant to §1 -7-
116, C.R.S., contemplates entry into and performance of intergovernmental agreements where
political subdivisions and the County Clerk and Recorder cooperate in the conduct and financing
of the election; and
WHEREAS, the Constitution of Colorado, Article X, Section 20, requires the production
of a mailed Notice ( "TABOR Notice ") concerning ballot issues that will be submitted to the
electors of the City of Pueblo; and
WHEREAS, the TABOR Notices of several jurisdictions are to be sent as a package where
jurisdictions overlap ( "TABOR Notice Package "); and
WHEREAS, the need to produce the TABOR Notice Package requires that there be
County -wide coordination of the production. and mailing of the TABOR Notice Package to
effectuate the purposes of said constitutional section; and
WHEREAS, Pueblo County, on behalf of the Pueblo County Clerk and Recorder desires,
pursuant to an intergovernmental Agreement, which sets forth its responsibilities regarding the
conduct of the coordinated election and the production and mailing of the Notice Package.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Pueblo County, Colorado, that the Agreement between the City of Pueblo and Pueblo County, on
behalf of the Pueblo County Clerk and Recorder, dated September 2, 1999, the
terms and conditions of which is incorporated herein, be, and hereby is, approved.
BE IT FURTHER RESOLVED that the Chairman of the Board of County Commissioners
be, and hereby is, authorized to execute said Agreement on behalf of Pueblo County.
By the following vote on roll -call:
KL0XP - AYE PEULEN - AYE KENNEDY - AYE
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