HomeMy WebLinkAbout08975ORDINANCE NO. 8975
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION, AND THE COUNTY OF PUEBLO RELATING TO
THE 2016 SPECIAL MUNICIPAL FRANCHISE 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 February 22, 2016 attached hereto, having been approved as to
form by the City Attorney, 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 February 8, 2016
BY: Ed Brown
PASSED AND APPROVED: February 22, 2016
City Clerk’s Office Item # R-9
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: February 8, 2016
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 2016 SPECIAL MUNICIPAL
FRANCHISE ELECTION
SUMMARY:
The Ordinance approves an Intergovernmental Agreement with Pueblo County to perform the
functions required in the Administration of the May 3, 2016 Special Municipal Franchise 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 coordinated 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 special municipal franchise elections pursuant to Article 16 of its Charter and
Article XX of the Colorado Constitution.
Pursuant to §1-7-116 C.R.S., the state Election Code requires entry into and performance of an
intergovernmental agreement where political subdivisions and the county clerk and recorder
cooperate 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.
Concurrent with this proposed Ordinance, there is also pending before City Council a proposed
Ordinance directing that the May 3, 2016 Special Municipal Franchise 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.
Pursuant to Section 16-2 of the City Charter, the City’s share of the Coordinated Election’s costs
shall be paid by Public Service Company of Colorado.
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 the City’s May 3, 2016 Special Municipal Franchise
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:
The City can conduct its own special municipal franchise election, but must do so prior to August
3, 2016.
RECOMMENDATION:
Approval of the Ordinance.
Attachments:
Copy of the Intergovernmental Agreement
County Clerk and the City in the conduct and finance of the May 3, 2016 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. 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.
B. 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).
C. Mail to all active registered electors eligible to vote in the City's May 3, 2016
coordinated election, at the last mailing address appearing in the County Clerk's
records, a mail ballot packet, as required by law.
D. 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).
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E. Conduct such formal training sessions for the election judges as deemed reasonably
necessary by the County Clerk.
F. 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).
G. 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.
H. In conjunction with the canvass board, the County Clerk shall 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.
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.
J. Facilitate special accommodations for all military and overseas citizens as provided
by the Uniformed and Overseas Citizens Absentee Voting Act.
K. 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
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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.
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. 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.
B. Certify the complete ballot content to the County Clerk, on or before March 4, 2016;
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.)
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.
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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.
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 May 3, 2016, 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, 2016,
provided, however, that the County Clerk's record retention obligations provided in
Section II., Paragraph I., 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
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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 City Hall, 1 City Hall Place, 1St Floor, Pueblo,
Colorado. The City shall not cancel the election after March 4, 2016.
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
719-583-6520
And
City of Pueblo
Attention: Gina Dutcher, City Clerk
1 City Hall Place, 1st Floor
Pueblo, CO 81003
719-553-2669
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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.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement the day and
year first written above.
ATTEST: PUEBLO COUNTY, COLORADO
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By: IF By.
Clerk to the Board 'f Chairman, Board of County Commissioners
Date: \Lt tk.. 1
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ATTEST: CITY OF PUEBLO,
A MUNICIPAL CORPORATION
By: (t ��.. -`L B �. / .
City erk Pres7"• t e City Council
Date: rel . 2 2, o l L
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APPROVED AS TO FORM: APPROVED AS TO CONTENT:
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By: ', ..61/Rikt)-<' .v" ,,,g, .., ) :y: er/
City Attorney's Office Pue o Coun Clerk and Recorder
Date: vR , q --- l c, Date: 7 /l ��c
By: 44....A.AJ
Puebl ounty Attorney's Office
Date: -3 /s j R„,
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