HomeMy WebLinkAbout08604ORDINANCE NO. 8604
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF PUEBLO, A
MUNICIPAL CORPORATION, AND THE COUNTY OF
PUEBLO RELATING TO THE 2013 GENERAL MUNICIPAL
ELECTION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO that:
SECTION 1.
The Election Services Agreement between the City of Pueblo, a Municipal
Corporation, and the County of Pueblo, dated June 24, 2013, attached hereto, is hereby
approved.
SECTION 2.
The President of the City Council is hereby authorized and directed to execute
said Intergovernmental 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.
INTRODUCED: June 10, 2013
BY: Ami Nawrocki
PASSED AND APPROVED: June 24, 2013
Background Paper for Proposed
ORDINANCE
DATE: June 10, 2013AGENDA ITEM # R-1
DEPARTMENT: Office of the City Clerk
Gina Dutcher, City Clerk
TITLE
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE
CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE COUNTY OF PUEBLO
RELATING TO THE 2013 GENERAL MUNICIPAL ELECTION
ISSUE
Should the City Council enter into an Intergovernmental Agreement with Pueblo County to
perform the functions required in the administration of the November 5, 2013 General Municipal
Election, to be conducted as an Coordinated Election?
RECOMMENDATION
Approval of the Resolution.
BACKGROUND
On May 28, 2013 City Council passed and approved Ordinance No. 8602 directing that the
November 5, 2013 General Municipal Election be Conducted as Part of a Coordinated Election
with Pueblo County.
Pursuant to §1-1-111(2), C.R.S., the City may contract with the County Clerk and Recorder of
the County in which the political subdivision is organized to perform all or part of the required
duties in conducting the election. It has been determined by the City Clerk that it is in the best
interest of the City to enter into an Intergovernmental Agreement with Pueblo County to conduct
the 2013 General Municipal Election.
Pursuant to §1-7-116(2), C.R.S., the Intergovernmental Agreement outlines the cooperation
between the allocation of the responsibilities between the City and the County in the conduct of
the election as well as the financing of the election.
FINANCIAL IMPACT
The City shall pay to the County Clerk the City's share of the actual cost of materials and
services directly attributable to the City’s participation in the Coordinated Election. If the City
does not have a TABOR question on the ballot, the cost is estimated at $70,000; however if the
City does place a TABOR question on the ballot, that will warrant a TABOR Notice and the cost
could be as high as $85,000. Funding for the costs associated with conducting the General
Municipal Election has been allocated in the City Clerk’s 2013 Departmental Budget.
INTERGOVERNMENTAL AGREEMENT
THIS AGREEMENT is made and entered into this 24 day of June, 2013, 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."
WITNESSED:
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, Colorado Constitution Article XIV, Section 18 (2)(a), and C.R.S. § 29 -1 -203,
as amended, authorize the County Clerk and the City to 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. 8602 dated May 28, 2013, 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 5, 2013, as a coordinated election and mail ballot
election in accordance with the procedures and requirements of the Uniform Election Code of
1992 ( "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 5, 2013, as a "coordinated election" and "mail ballot election"
as such term is defined in the Code, and pursuant to C.R.S. § 1 -7 -116, the Code requires 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 certain ballot issues that may 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
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 5, 2013, 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:
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 5, 2013
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 remains 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 to the extent required:
A. Determine the "least cost" method for mailing the TABOR Notice Package.
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B. Combine the text of the TABOR Notice produced by the City, if any, 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
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 mail ballots 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. Within twenty -four (24) hours of receipt of ballots from
County Clerk, the City shall return the ballots following review and proofreading.
F. Arrange for the printing, and have printed, all mail ballots 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 service center
polling place(s).
G. Mail to all active and inactive registered electors eligible to vote in the City's
November 5, 2013 coordinated election, at the last mailing address appearing in the
County Clerk's records, a mail ballot packet, as required by law.
H. Appoint, train, pay and, as required by law, provide written materials to 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 service center polling place(s).
1. Conduct such formal training sessions for the election judges as deemed reasonably
necessary by the County Clerk.
J. Perform all services necessary for mail ballot in the City's coordinated election,
including preparing of mail ballots and mail ballot voter materials, and receiving and
processing of applications for mail ballots, mailing mail ballot materials, receipt of
mail ballot materials, checking voter qualifications, and preparation for counting,
opening, and conduct of the service center polling place(s).
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K. Oversee the performance of the election judges with respect to their posting duties
of required sample ballot, instruction cards, precinct maps, and other interior service
center polling place(s) postings as may be required by law.
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 the City may reasonably require.
M. Store all voted ballots for a minimum of twenty -five (25) months and all signature
cards of electors who cast ballots at the election for a minimum of twenty -five (25)
months, and all other materials required by law to be saved for twenty -five (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.
N. Facilitate special accommodations for all military and overseas citizens as provided
by the Uniformed and Overseas Citizens Absentee Voting Act.
O. Conduct a recount of any contest where the final ballot tabulation results are close
enough to require a recount or if requested by an interested party.
III. ELECTION COSTS:
A. 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 service center
polling place(s), 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 mail ballot judges, provided,
however, that such cost shall be prorated by multiplying the number of judges
and dividing the result by the number of jurisdictions utilizing each service
center polling place(s).
3. The cost of any recount(s) will be charged and prorated among each of the
participating Public Entities involved in the coordinated election.
N. Adhere to all applicable provisions of the Code which are necessary or appropriate
to the performance of the above duties.
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IV. DUTIES OF THE CITY:
In consideration of the foregoing, the City agrees to perform the following tasks and
activities to the extent required:
A. Provide the County Clerk all TABOR Notices concerning City ballot issues in the
manner required by the Code on or before September 24, 2013, by 4:30 p.m. Such
TABOR 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 five hundred (500) words each, one for and one against
any ballot proposal, of written comments filed with the Contact Officer. The
summary shall neither mention names of persons or private groups nor make
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 necessary
for use in the TABOR Notice.
7. A completed TABOR Notice shall be provided 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 24, 2013.
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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 to the County Clerk, on or before September 6,
2013; review and proofread the final ballot, and provide to the County in the same
manner set forth, within the time required by law and provide the ballot content in
hard copy and in Microsoft Word format.
D. Review, proofread and confirm the layout, format, and text of the official ballots
within twenty -four (24) hours of receipt before the County Clerk authorizes the
printing of the ballots.
E. Pay to the County Clerk the City's share of the actual cost of materials and services
specified in items 1 -10 of this Section, Paragraph F. upon receipt of the itemized
statement for same. (The City agrees to compensate the County Clerk on a prorated
basis for costs not solely related to the City's election, and to pay full cost of
materials and services solely related to the City's election.)
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 a complete alphabetical listing of electors, in electronic
format.
3. Actual costs for alphabetical listing by precinct.
4. Actual costs for election preparation, set -up and tabulation and processing
charge.
5. Actual costs of building rental for set -up activities and service center polling
place(s).
6. Actual costs for election and mail ballot judges.
7. Actual costs of preparation and publication of all notices required by the
Election Code.
8. Actual cost of preparing and printing the ballots.
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9. Actual costs for all mailings.
10. Any other cost or expense shall be as mutually agreed to between the City and
the County Clerk. Such agreement shall be in writing and signed by both
parties in compliance with Section VI., Paragraph B. herein.
F. Within the time frames established by C.R.S. § 1 -10 -201, the City shall appoint two
(2) members to serve on the Canvass Board.
G. Provide a current, accurate map with a legal description of the City and its
boundaries.
F. 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.
V. TERM /TERMINATION:
This Agreement is intended to apply to the November 5, 2013, election. The effective date
of this Agreement is upon the signatures of the parties to this Agreement, except as to
those activities mandated by statute, and shall automatically terminate on December 31,
2013, provided, however, that the County Clerk's record retention obligations provided in
Section II., Paragraph M., shall survive termination.
VI. 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 (2) 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 on the official bulletin board
located in the lobby of the Pueblo Municipal Justice Center (Municipal Court side),
200 S. Main Street, Pueblo, Colorado. The City shall not cancel the election after
September 6, 2013.
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
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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
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 affect 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 Clerk and Recorder
Attention: Gilbert Ortiz
Pueblo County Courthouse
215 West 10th Street
Pueblo, CO 81003
719 -583 -6520
And
City of Pueblo
Attention: Gina Dutcher, City Clerk
200 S. Main Street (Courtroom 2)
Pueblo, CO 81003
719 -553 -2669
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 or 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 except as provided by Section V. herein.
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: PUEBLO COUNTY, COLORADO
By. - 1 4 By: 2 r v /
Clerk to the Board 0 airmar o unty Commissioners
Date: - S
ATTEST: CITY OF PUEBLO
A MUNI ORA
B
Cit Jerk 'resi : ent of the City Council
Date: June Z' , 2013
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
By: C • �0 ✓/-�� By: rl
City Attorney's Office Pueblo ounty Clerk ant" ecorder
Date: G - y - 13 Date: — 1 — —'
By:
Pueb County Attorney's Office
Date: 0 I,
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ORDINANCE NO. 8604
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION, AND THE COUNTY OF PUEBLO RELATING TO
THE 2013 GENERAL MUNICIPAL ELECTION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO that:
SECTION 1.
The Election Services Agreement between the City of Pueblo, a Municipal
Corporation, and the County of Pueblo, dated June 24, 2013, attached hereto, is hereby
approved.
SECTION 2.
The President of the City Council is hereby authorized and directed to execute
said Intergovernmental 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.
INTRODUCED: June 10, 2013
BY: Ami Nawrocki
APPROV
� ENT OF CITY COUNCIL
ATTESTED BY: ....c,.� -� c,� J'`.
CITY CLERK
PASSED AND APPROVED: June 24, 2013