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Home My WebLink About10496 City Clerk's Office Item # R13 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: June 26, 2023 TO: President Heather Graham and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Marisa Stoller, City Clerk FROM: Marisa Stoller, City Clerk SUBJECT: AN ORDINANCE DIRECTING THAT THE NOVEMBER 7, 2023 GENERAL MUNICIPAL ELECTION BE CONDUCTED AS PART OF A COORDINATED ELECTION, ADOPTING FOR USE AT THE GENERAL MUNICIPAL ELECTION THE REQUIREMENTS AND PROCEDURES OF THE UNIFORM ELECTION CODE OF 1992 EXCEPT TO THE EXTENT THE UNIFORM ELECTION CODE OF 1992 CONFLICTS WITH A SPECIFIC PROVISION OF THE CHARTER OF THE CITY OF PUEBLO, AND SUSPENDING FOR SUCH PURPOSES THE PUEBLO ELECTION CODE AND ALL ORDINANCES AND RESOLUTIONS OF THE CITY IN CONFLICT THEREWITH SUMMARY: This Ordinance directs that the November 7, 2023 General Municipal Election be conducted as part of a Coordinated Election with Pueblo County. PREVIOUS COUNCIL ACTION: The City has previously conducted its General Municipal Elections as part of a Coordinated Election with Pueblo County. BACKGROUND: Pursuant to §§1-1-111(2) and 1-7-116(1) C.R.S., the City may elect to conduct a coordinated election and 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. Pursuant to §§1-7-116(1) and (2), C.R.S., and upon such election by City to conduct a coordinated election, the City and County are obligated to enter into an IGA for Election Services. The IGA for Election Services shall be submitted by separate ordinance for approval. 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 City’s share is estimated to cost between $90,000 and $95,000. Funding for the costs associated with conducting this General Municipal Election is allocated in the City Clerk’s 2023 Departmental Budget. BOARD/COMMISSION RECOMMENDATION: The Board of Elections, at a meeting on May 23, 2023, reviewed this Ordinance Calling for a General Election and adopted an Election Board Resolution Recommending the adoption of this Ordinance by the City Council. The Board of Elections feels that it is in the best interest of the City and its Citizens to participate in the Coordinated Election on November 7, 2023. STAKEHOLDER PROCESS: Not applicable. ALTERNATIVES: None. RECOMMENDATION: Passage of the Ordinance. ATTACHMENTS: 1. Election Board Resolution 2023-2 ORDINANCE NO. 10496 AN ORDINANCE DIRECTING THAT THE NOVEMBER 7, 2023 GENERAL MUNICIPAL ELECTION BE CONDUCTED AS PART OF A COORDINATED ELECTION, ADOPTING FOR USE AT THE GENERAL MUNICIPAL ELECTION THE REQUIREMENTS AND PROCEDURES OF THE UNIFORM ELECTION CODE OF 1992 EXCEPT TO THE EXTENT THE UNIFORM ELECTION CODE OF 1992 CONFLICTS WITH A SPECIFIC PROVISION OF THE CHARTER OF THE CITY OF PUEBLO, AND SUSPENDING FOR SUCH PURPOSES THE PUEBLO ELECTION CODE AND ALL ORDINANCES AND RESOLUTIONS OF THE CITY IN CONFLICT THEREWITH WHEREAS, Article X, Section 20 of the Colorado constitution and the Uniform Election Code of 1992 permits municipalities to coordinate elections with the State of Colorado and its political subdivisions; and WHEREAS, a State election and other elections will be held at the same time as the City’s General Municipal Election on November 7, 2023, and WHEREAS, the Uniform Election Code of 1992 applies to any municipal election conducted as part of a Coordinated Election and authorizes a municipality to utilize the requirements and procedures of the Uniform Election Code of 1992 for the conduct of such elections, and WHEREAS, it would be in the best interests of the City and its citizens to participate in a Coordinated Election on November 7, 2023; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The City's General Municipal Election to be held on November 7, 2023 shall be conducted as part of a Coordinated Election as defined in the Uniform Election Code of 1992. SECTION 2. Pursuant to the authority granted by Article XX and Article X, Section 20 of the Colorado Constitution and §§1-1-102 and 31-10-102.7 C.R.S., the requirements and procedures of the Uniform Election Code of 1992 (Articles 1 to 12 including Article 7.5 the Mail Ballot Election Act, of Title 1, C.R.S. but not Article 13 thereof relating to election offenses), except to the extent they conflict with a specific provision of the Charter of the City of Pueblo, are hereby adopted and will be utilized in the conduct of the General Municipal Election to be held as part of a Coordinated Election on November 7, 2023. SECTION 3. The City Clerk, the Board of Elections, and all officers and staff of the City are authorized and directed to cooperate with the Pueblo County Clerk and Recorder and to take all action necessary, appropriate or required to effectuate the provisions of this Ordinance and to conduct the General Municipal Election to be held on November 7, 2023 as part of a Coordinated Election, in compliance with the requirements and procedures of the Charter of the City of Pueblo, Article X, Section 20 of the Colorado Constitution, and the Uniform Election Code of 1992. SECTION 4. The City Council does hereby adopt the optional registration plan provided for in Section 17-9 of the Charter of the City of Pueblo and hereby determines and declares that voting machines are not available. SECTION 5. All public notices that are required to be published with respect to the General Municipal Election shall be published in The Pueblo Chieftain. SECTION 6. The Pueblo Election Code and all other Ordinances and Resolutions of the City inconsistent with the Uniform Election Code of 1992 and this Ordinance are hereby superseded, suspended and repealed to the extent only of such inconsistency for and during the conduct of the Coordinated Election to be held November 7, 2023. SECTION 7. The City Clerk is hereby designated as the City’s Election Official for purposes of the Coordinated Election to be held November 7, 2023. The Director of Finance is hereby designated as the City Council’s designee responsible for providing to the City Clerk the fiscal information that must be included in any ballot issue notice for any initiated measure or ballot issue referred to the voters by the City Council at the Coordinated Election to be held November 7, 2023. SECTION 8. If any section, clause or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or enforceability of such section, clause or provision shall not affect any of the remaining sections, clauses or provisions of this Ordinance. SECTION 9. 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 June 12, 2023. Final adoption of Ordinance by City Council on June 26, 2023. ____________________________ President of City Council Action by the Mayor: ☒ Approved on _June 29, 2023____. ☐ 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