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HomeMy WebLinkAbout08912 ORDINANCE NO. 8912 AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE COUNTY OF PUEBLO RELATING TO THE 2015 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 August 24, 2015 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. SECTION 3: The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of the Ordinance to effectuate the policies and procedures described herein. SECTION 4: This Ordinance shall become effective immediately upon final passage. INTRODUCED: August 10, 2015 BY: Dennis Flores PASSED AND APPROVED: August 24, 2015 City Clerk’s Office Item # R-1 Background Paper for Proposed ORDINANCE COUNCIL MEETING DATE: August 10, 2015 TO: President Steven G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Office of the City Clerk FROM: Gina Dutcher, City Clerk SUBJECT: AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE COUNTY OF PUEBLO RELATING TO THE 2015 GENERAL MUNICIPAL ELECTION SUMMARY: The Ordinance approves an Intergovernmental Agreement with Pueblo County to perform the functions required in the Administration of the November 3, 2015 General Municipal Election to be conducted as a Coordinated Election. PREVIOUS COUNCIL ACTION: 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. The City has approved an IGA for Election Services each year the City has participated in a Coordinated Election with the County. BACKGROUND The City is a home-rule city charged with the responsibility of providing for and governing the conduct of all its municipal elections pursuant to Articles 2, 3, 17, 18 and 19 of its Charter and Article XX of the Colorado Constitution. Pursuant to §1-7-116 C.R.S., the Code requires entry into and performance of an intergovernmental agreement where political subdivisions and the county clerk and recorder cooperation in the conduct and financing of the election. The IGA outlines the cooperation between the allocation of the responsibilities between the City and the County in the conduct of the election. On August 10, 2015 City Council shall pass and approve an Ordinance directing that the November 3, 2015 General Municipal Election be conducted as Part of a Coordinated Election with Pueblo County. FINANCIAL IMPLICATIONS 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. Because the City’s ballot question shall require the preparation and mailing of a TABOR Notice, the cost is estimated at $40,000 to $45,000. Funding for the costs associated with conducting the General Municipal Election have been allocated in the City Clerk’s 2015 Departmental Budget. BOARD/COMMISSION RECOMMENDATION: It has been determined by the Board of Elections, that it is in the best interest of the City and its residents to participate in and conduct its election as a coordinated election and mail ballot election in accordance with the procedures and requirement of the Uniform Election Code of 1992, except to the extend same conflict with a specific provision of the City Charter STAKEHOLDER PROCESS: Not applicable. ALTERNATIVES: None. Because it is anticipated that the ballot questions submitted by the City will require a TABOR notice, the City is required to present those questions at a Coordinated Election held in November per Article X, Section 20 of the Constitution of Colorado. RECOMMENDATION Approval of the Ordinance Attachments: Copy of the Intergovernmental Agreement 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 3, 2015, 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 3, 2015 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 "Designated Election Official" 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 County Clerk shall conduct the coordinated election on November 3, 2015 in conformity with the Code. The City shall provide explicit written instruction to County Clerk regarding any action City determines the County Clerk must perform that is required by the City Charter and which conflicts with the Code. D. The parties acknowledge that for the purposes of the coordinated election on November 3, 2015, regardless of any registration requirements in the City Charter or City Code, the County Clerk will decide who is eligible to receive ballots pursuant to C.R.S. §1-2-101. 2 E. The parties acknowledge that all interpretations of the City Charter and City Code 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 to the extent required: A. Determine the "least cost" method for mailing the TABOR Notice Package. 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 Designated Election Official, 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 registered electors eligible to vote in the City's November 3, 2015 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). 3 • 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). 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. County Clerk shall 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). 4 3. The cost of any recount(s) will be charged and prorated among each of the participating Public Entities involved in the coordinated election. B. Adhere to all applicable provisions of the Code which are necessary or appropriate to the performance of the above duties. 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 22, 2015, 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 Designated Election Official. 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 Designated Election Official 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 Designated Election Official 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 5 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 22, 2015. 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 Designated Election Official shall interact with any City petition representatives, including but not limited to, working to ensure that the Designated 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 4, 2015; 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 E. 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.) The City represents that funds have been appropriated for this Election and are sufficient to compensate the County Clerk for the services described in this Agreement. 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. 6 Section II., Paragraph M., shall survive termination. VI. OTHER: 7 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. 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. Clerk and Recorder shall be a member of the Canvass Board, as well as two (2) appointees of any other political subdivision that is participating in the election. G. Provide a current, accurate map with a legal description of the City and its boundaries. H The City and its Designated Election Official 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. I. The City shall notify County Clerk in writing regarding actions City requests County Clerk to undertake when provisions of the City Code or Charter conflict with the Uniform Election Code. J. The City shall be solely liable in the event the conduct of the Election does not conform with the City Charter or City Code. V. TERM/TERMINATION: This Agreement is intended to apply to the November 3, 2015, 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, 2015, provided, however, that the County Clerk's record retention obligations provided in Section II., Paragraph M., shall survive termination. VI. OTHER: 7 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 4, 2015. 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 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 Election Division 720 N. Main Street, Suite 200 Pueblo, CO 81003 719-583-6620 and 8 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. 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. 9 IN WITNESS WHEREOF, the parties hereto have entered into this Agreement the day and year first written above. ATTEST: PUEBLO COUNTY, COLORADO r ;,1...040140-41\1 By: � By: Clerk to the Board Chairman, Board of County C missioners Date: Aem ATTEST: CITY OF PUEBLO, A MUNICIPAL CORP I I. ' o By: �, B, : INC_ — . .-/ City rk Presi s e : - ty Council = Date: 8 -a i1-iS APPROVED-AS TO FORM: APPROVED AS TO CONTENT: ,:iip.,40 „AI 4e, By: >avvv; -<'. 1.. (70 4aizi ... By .,. 4.7...._-,40/ CityAttorney's Office Pueblo County Jerk and Record- Date: $ — al3—— )5- Date: i By: ii/N, Pueblo County P orne 's Office Date: ple-69/5— U:\CR\K\BMGW CITYIGA 07-14-15.DOCX 10