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ORDINANCE NO. 9031
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 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 22, 2016, 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 8, 2016
BY: Ed Brown
PASSED AND APPROVED: August 22, 2016
City Clerk’s Office Item # R-9
Background Paper for Proposed
ORDINANCE
COUNCIL MEETING DATE: August 8, 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 2016 SPECIAL MUNICIPAL
ELECTION
SUMMARY:
The Ordinance approves an Intergovernmental Agreement with Pueblo County to perform the
functions required in the Administration of the November 8, 2016 Special 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 July 11, 2016 City Council approved an Ordinance directing that the November 8, 2016
Special 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(s) require the preparation and mailing of a TABOR Notice, the cost is
estimated at $80,000 to $85,000. Funding for the costs associated with conducting the special
Municipal Election have been allocated in the City Clerk’s 2016 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. The ballot questions submitted by the City Council, as well as by the Initiated Petition
Process, the City is required to present the ballot issues to the vote of the people at the
Coordinated Election to be held on November 8, 2016.
RECOMMENDATION
Approval of the Ordinance
Attachments: Copy of the Intergovernmental Agreement
INTERGOVERNMENTAL AGREEMENT
THIS AGREEMENT is made and entered into this 22"d day of August, 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. 9006 dated July 11,2016,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 8, 2016, 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 8, 2016, 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 and the Code, require 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 8, 2016, 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 8, 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 "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 8, 2016 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 8, 2016, 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.
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.
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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 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 8, 2016
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).
I. 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.
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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).
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 27, 2016, by 4:30 p.m. Such
TABOR Notice shall include:
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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
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
27, 2016.
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 9,
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.
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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.
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.
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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 8, 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 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 City Hall, #1 City Hall Place, Pueblo, CO 81003. The City shall not cancel the
election after September 9, 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.
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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
City of Pueblo
Attention: Gina Dutcher, City Clerk
#1 City Hall Place
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.
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IN WITNESS WHEREOF, the parties hereto have entered into this Agreement the day and
year first written above.
ATTEST: PUEBLO COUNTY, COLORADO
By: 7 �`�%� B �i/" ,U`
Y Y•
e\it,444pri""
Clerk to the Board Chairman, Board of County Commissioners
Date: 07 '- /6
ATTEST: CITY OF PUEBLO,
A MUNI , =. 0 k.
By: By: Opp
—
City rk 'resident of the City Counci
Date: g to
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
Ii 4---,a ., &- ✓,020 By: ��f% '
By: City Attorney's Office / Pueblo County Clerk and Recorder
Date: 6 " ;a - I Date: %b/76
By. P .:
o County Attorney's Office
Date: y/
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