HomeMy WebLinkAbout09984ORDINANCE NO. 9984
AN ORDINANCE APPROVING AND AUTHORIZING THE
MAYOR TO EXECUTE AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF PUEBLO, A
COLORADO MUNICIPAL CORPORATION AND THE
COUNTY OF PUEBLO, A POLITICAL SUBDIVISION OF
THE STATE OF COLORADO, RELATING TO THE 2021
GENERAL MUNICIPAL ELECTION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO that:
SECTION 1.
The Intergovernmental Agreement for election services between the City of
Pueblo, a Colorado municipal corporation and the County of Pueblo, a political
subdivision of the State of Colorado, attached hereto, having been approved as to form
by the City Attorney, is hereby approved.
SECTION 2.
The Mayor is hereby authorized to execute said Intergovernmental Agreement for
and on behalf of the City and the City Clerk is authorized to affix the seal of the City
thereto and attest same.
SECTION 3.
The officers and staff of the City are authorized to perform any and all acts
consistent with this Ordinance and the attached Intergovernmental Agreement to
implement the policies and procedures described herein.
SECTION 4.
This Ordinance shall become effective on the date of final action by the Mayor and
City Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on July 26, 2021 .
Final adoption of Ordinance by City Council on August 9, 2021 .
President of City Council
Action by the Mayor:
☒ Approved on August 12, 2021 .
□ Disapproved on based on the following objections:
_
Mayor
Action by City Council After Disapproval by the Mayor:
□ Council did not act to override the Mayor's veto.
□ Ordinance re-adopted on a vote of , on
□ Council action on _______ failed to override the Mayor’s veto.
President of City Council
ATTEST
City Clerk
City Clerk’s Office Item # R-9
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: July 26, 2021
TO: President Lawrence W. Atencio and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Office of the City Clerk
FROM: Marisa Stoller, City Clerk
SUBJECT: AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE
AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO,
A COLORADO MUNICIPAL CORPORATION AND THE COUNTY OF PUEBLO,
A POLITICAL SUBDIVISION OF THE STATE OF COLORADO, RELATING TO
THE 2021 GENERAL MUNICIPAL ELECTION
SUMMARY:
This Ordinance approves an Intergovernmental Agreement with Pueblo County which authorizes
the Pueblo County Clerk and Recorder (“County Clerk”) to perform the functions required in the
administration of the November 2, 2021 General Municipal Election to be conducted as a
Coordinated Election and Mail Ballot Election.
PREVIOUS COUNCIL ACTION:
Pursuant to §1-1-111(2), C.R.S., the City may contract with the County Clerk to perform all or part
of the required duties in conducting a municipal election. The City has approved an IGA for
election services each year the City has participated in a Coordinated Election with the County
Clerk.
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. §1-7-116 C.R.S. requires entry into and performance of
an intergovernmental agreement where political subdivisions and the County Clerk cooperate in
the conduct and financing of the election. The IGA outlines the allocation of the responsibilities
between the City and the County in the conduct of the election. On July 12, 2021 City Council
approved an Ordinance directing that the November 2, 2021 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, including the preparation
and mailing of a TABOR Notice, if necessary. The cost is estimated to be between $90,000 and
$95,000. Funding for the costs associated with conducting the General Municipal Election have
been allocated in the City Clerk’s 2021 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. Per Section 17-2 of the City Charter, general municipal elections shall be held on the first
Tuesday in November on each odd number year. It is more cost effective for the City to participate
in a Coordinated Election than for the City to independently conduct its own election.
RECOMMENDATION:
Approval of the Ordinance
Attachments:
Copy of proposed Ordinance
Proposed Intergovernmental Agreement
INTERGOVERNMENTAL AGREEMENT
THIS AGREEMENT is made and entered into this 9th day of August, 2021, between
Pueblo County, a political subdivision of the State of Colorado, on behalf of the Clerk and
Recorder of Pueblo County, hereinafter referred to as the "County Clerk," and the City of Pueblo,
a Colorado 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 enacted on July 12, 2021, 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, 2021, 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, 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 2,2021 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 financing of the November 2, 2021
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 Marisa Stoller,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 2, 2021 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 2, 2021, 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:
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A. Citizen Initiative: Provide operational,technical and logistical assistance to the City
in its review of the petition sections and verify the signatures of qualified electors,
under Article 18 of the City Charter, contained in citizen initiative petitions. The
citizen initiative petitions shall be delivered to the County Clerk as same are
received by the City Clerk but no later than July 26, 2021. On or before July 30,
2021,the County Clerk shall complete its review of the petition sections and verify
the signatures of qualified electors contained in citizen initiative petitions. The City
Clerk shall issue a statement of sufficiency or insufficiency on or before August 4,
2021.
B. Candidates: Provide operational, technical and logistical assistance to the City in
its review of the petition sections and verify the signatures of qualified electors,
under Article 17 of the City Charter, contained in Candidate petitions. The
Candidate petitions shall be delivered to the County Clerk as same are received by
the City Clerk but no later than August 24, 2021. On or before August 27, 2021,
the County Clerk shall complete its review of the petition sections and verify the
signatures of qualified electors contained in the Candidate petitions The City Clerk
shall issue a statement of sufficiency or insufficiency on or before August 31,
2021.
C. Determine the "least cost" method for mailing the TABOR Notice Package.
D. 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.
E. 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".
F. Mail the TABOR Notice Package, as required by the Code.
G. 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.
H. 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).
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I. Mail to all active registered electors eligible to vote in the City's November 2,2021
coordinated election at the last mailing address appearing in the County Clerk's
records, a mail ballot packet, as required by law.
J. 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 in 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).
K. Conduct such formal training sessions for the election judges as deemed reasonably
necessary by the County Clerk.
L. 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).
M. 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.
N. 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.
O. 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.
P. Facilitate special accommodations for all military and overseas citizens as provided
by the Uniformed and Overseas Citizens Absentee Voting Act.
Q. 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 staff time, including salary and benefits, directly
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attributable to reviewing petition sections and verifying signatures
contained in citizen initiative petitions and preparing and issuing certificates
of sufficiency or insufficiency.
2. 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.
3. 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. 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 20, 2021, 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
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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 20, 2021.
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 3,
2021; 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
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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.
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.
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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: Marisa Stoller, 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.
IN WITNESS WHEREOF,the parties hereto have entered into this Agreement effective the
day and year first written above.
ATTEST: r PUEBL /1 UNTY, CO O ' DO
440,411
'/ By: .'
Clerk to the Board C a an, B•and of Co my Commissioners
Date: 74a1
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ATTEST: CITY OF PUEBLO,
A MUNICIPAL CORPORATION
By:
By: (eisie41/eggre,040.4.44.,
City rk Mayor
Date: ltArga, Ala/010it/
APPROVED AS TO FORM: APPROVED A TO CONT • •
By
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City Attorney's Office c� Pueblo ounty erk ant R-• •der
Date: 8 a ) Date:
By:
PuetY Attornece
Date: 72-777-0(
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