HomeMy WebLinkAbout7211RESOLUTION NO. 7211
A RESOLUTION APPROVING AN AGREEMENT BETWEEN
THE CITY OF PUEBLO AND THE COUNTY OF PUEBLO
RELATING TO ELECTION SERVICES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PUEBLO, COLORADO, that:
SECTION 1
The Election Administration Contract between the
City of Pueblo and the County of Pueblo, dated August 23,
1993, attached hereto, is hereby approved.
SECTION 2
The President of the City Council is authorizes:
and directed to execute said Contract for and on behalf of
the City; and the City Clerk is directed to affix the Seal
of the City thereto and attest same.
INTRODUCED 23 , 1993
BY JOHN CALIFANO
Council member
APPROVED c2. - z 4 z'
Pr esi ent of the Council
ATTEST:
City Cler
AGREEMENT
THIS AGREEMENT is made and entered into this a3 � day of August,
1993, 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".
WITNESSETH:
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, pursuant to Colorado Constitution Article XIV, Section 18
(2)(a), and §29-1-203, C . R . S . , as amended, the County Clerk and the City
may 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, the imposition of taxes, and the incurring of debt; and
WHEREAS, by Ordinance No. 5820 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 2, 1993, as a
coordinated election in accordance with the procedures and requirements of the
Uniform Election Code of 1992 ( "92 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 2, 1993, as a "coordinated
election" as such term is defined in the Uniform Election Code of 1992, as
amended (the "Code "), and the Code, pursuant to §1 -7 -116, C.R.S.,
contemplates 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, requires
the production of a mailed Notice ( "TABOR Notice ") concerning ballot issues
that will 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, 1993, 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
finance of the November 2, 1993, election.
B. Designated Election Official and Other Election Personnel:
Except as otherwise provided in this Section, the County Clerk shall
act as the designated election official for the conduct of the
election for the City for all matters in the Code which require
action by the designated 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 Marian Mead, 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
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:
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 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 absentee 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. The City shall
return the ballots following review and proofreading within
twenty -four hours of receipt of ballot from the County Clerk. No
changes to the ballots may be made without the express written
approval of the County Clerk.
F. Arrange for the printing, and have printed, all absentee 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 polling place.
G. Appoint, provide written materials to as required by law, train, and
pay 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 polling places.
H. Conduct such formal training sessions for the Judges of Election as
deemed reasonably necessary by the County Clerk.
I. Perform all services necessary for absentee and early voting in the
City's coordinated election, including, but not limited to,
preparation of absentee ballots, absentee voter materials, receipt
and processing of applications for absentee ballots, mailing absentee
materials, receipt of absentee materials, checking voter
qualifications, and preparation for counting opening and conduct of
the early voter's polling place and preparation of early voter
ballots for counting.
J. Provide polling places, polling place supplies, and voting
equipment. Make all required election notice postings at the polling
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place. Oversee the election judges in the performance of required
sample ballot, instruction cards, precinct maps, and other interior
polling place postings as may be required by law.
K. Conduct and oversee, in coordination with City's Board of Elections,
the process of counting the ballots and reporting the results.
L. Provide computer services in conjunction with the Pueblo County
Department of Information and Computer Services to accomplish
pre - election set -up, programming, testing, election night processing
and support, ballot tabulation and result displays, and election
abstracts and official certifications for City in such number as City
may reasonably require.
M. 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.
N. Store all voted ballots for a minimum of 6 months and all signature
cards of electors who cast ballots at the election for a minimum of
25 months, and all other materials required by law to be saved for 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.
O. Keep a careful, accurate and contemporaneous accounting of time,
supplies and salaries chargeable to the City including:
1. Charging the City for all staff time, building rental both for
set -up and polling places, and materials solely related to the
City for the preparation and conduct of the election at each
staff member's hourly rate and for each staff member's
associated benefits. Charging the City its proportional share
of the actual cost of staff time plus benefits and materials not
solely related to the City for the preparation and conduct of
the election.
2. Charging the City for the cost of election and supply judges,
provided, however, that such cost shall be prorated by
multiplying the number of judges for a given polling place and
dividing the result by the number of jurisdictions utilizing
each polling place.
P. Adhere to all applicable provisions of the Code which are necessary
or appropriate to the performance of the above duties.
III. DUTIES OF THE CITY:
In consideration of the foregoing,
following tasks and activities:
the City agrees to perform the
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A. Provide the County Clerk all TABOR Notices concerning City ballot
issues in the manner required by the Code on or before October 6,
1993. Such Amendment 1 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 500 words each, one for and one against
any ballot proposal, of written comments filed with the contact
officer by 30 days before the election. No summary shall
mention names of persons or private groups nor any
endorsements of or resolutions against the proposal. Petition
representatives following these rules shall write this summary
for their petition. The contact officer 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 Contact Officer and
the public as necessary for use in the Amendment 1 notice.
7. Provide the City's completed Amendment 1 notice 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, which 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 October 6 , 1993.
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 Contact
Officer
shall interact with any City
petition
representatives,
including
but not limited to, working to
ensure
that the Contact
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Officer or designated election official receives the summary of
written comments for their petition within the time required by law.
C. Certify the complete ballot content, including the elective City
offices to be filled, to the County Clerk prior to the 55th day
before the election, except that the City may provide the County
Clerk the names of the candidates for City offices after the 55th day
before the election, but the City shall provide the County Clerk the
names of said candidates within two days of receipt by the City Clerk
of all nominating papers comprising a petition, and all candidates'
names must be submitted to the County Clerk by the 29th day before
the election. Review and proofread the final ballot, as provided to
the City under Section II. E. above.
D. Review and proofread the layout, format, and text of the absentee
and official ballots before the County Clerk authorizes the printing
of the ballots.
E. Accept the established election polling places as the official
polling places for the City's November 2, 1993, election.
F. Pay the City's share of the actual cost of services, building rental,
materials, and mileage to the County Clerk upon receipt of the
itemized statement for same.
The City agrees to compensate the County Clerk on a prorated basis
for the costs associated with the following materials, building
rental, and services, where costs are not solely related to the
City's election, and for the entire cost of the following materials,
building rental, and services, where costs are solely related to the
City's election upon receipt of an itemized statement for same:
(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 used
by the County Clerk to perform the services described in
Section II above.
(2)
Actual
costs
for
complete alphabetical listing of electors
(3)
Actual
costs
for
alphabetical listing by precinct
(4)
Actual
costs
for
hinges
(5)
Actual
costs
of
Information and Computer Services Department
services per
election, including costs of:
(a) Election Preparation /Set -Up
(b) Election night tabulation and processing charge
(6) Actual costs of building rental for set -up activities and
polling places
(7) Actual costs for election and supply judges
(8) Actual costs of preparation and publication of all notices
required by the Election Code
(9) Actual cost of preparation and printing the ballots
(10) Actual costs for mailing
(11) Any other cost or expense shall be as mutually agreed to
between the City and the County Clerk.
G. The City and its Contact Officer shall cooperate with the designated
election official in the conduct of all dates and responsibilities of
the designated election official in the conduct of the election.
IV. TERM/ TERMINATION:
This Agreement is intended to apply to the November 2, 1993, election.
The effective date of this Agreement is the date and year first written
above and it shall automatically terminate on December 31, 1993, provided,
however, that the County Clerk's record retention obligations provided in
Paragraph I I . N . shall survive termination.
V. 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 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 at City Hall.
The City shall not cancel the election after the 25th day prior to
the election.
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
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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 effect 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
Attn: Pueblo County Clerk and Recorder
Pueblo County Courthouse
215 W. 10th Street
Pueblo, CO 81003
546 -6000
and
City of Pueblo
Attn: City Clerk
1 City Hall Place
Pueblo, CO 81003
584 -0840
D. CONFLICT OF AGREEMENT WITH LAW:
In the event that any provision of this Agreement conflicts with the
Code, other statute or the City Charter, this Agreement shall be
modified to conform to such Charter provision or law. No subsequent
resolution of the Board of County Commissioners nor 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.
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 that the City Clerk acknowledges
that those time deadlines specifically stated in this Agreement which
differ from those contained in the Code are required by the
provisions of 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:
By:
Clerk to the Boar
PUEBLO COUNTY, COLORADO
By:
Cfialrwbman, a n*fC unty
Commissioner
ATTEST:
APPROVED AS TO FORM:
CITY OF PUEBLO,
A MUNICIPAL CORPORATION
By :,:�-, C
PresideAt oft e City Council
APPROVED AS TO CONTENT:
1
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By: l�� ��- --_._w By
City Atto y's Office Pueblo County Clerk aiad Re rder
B Z" l Z'
L'
County Attorney's Office
CRLHTY.02 /CAK
Yd+J�l
STATE OF COLORADO,
ss.
County of Pueblo,
The Board of County Commissioners met in regular session in its
office in Pueblo County, Colorado, on Wednesday the 25th day of
August
Present:
•• Richard A. Martinez
James M. Brewer
Terry A. Hart
,.D.19 3 , at
Kathy Farle
10:00 o'clock.
Chairman.
County Commissioner.
County Commissioner.
County Attorney.
11 Lucille Wilson Deputy County Clerk or Deputy.
When the following proceedings, among others, were had and done, to wit:
RESOLUTION NO. q 1 _ 17,q APPROVING THE COORDINATED ELECTION
AGREEMENT BETWEEN PUEBLO COUNTY, ON
BEHALF OF THE PUEBLO COUNTY CLERK
AND RECORDER, AND THE CITY OF PUEBLO
WHEREAS, pursuant to Colorado Constitution Article XIV, Section 18
(2)(a) and Section 29 -1 -203, C.R.S., as amended, Pueblo County and the City
of Pueblo may 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, the imposition of taxes, and the incurring of
debt; and
WHEREAS, pursuant to Articles 2, 3, 17, 18, and 19 of the Charter of the
City of Pueblo and Article XX of the Colorado Constitution, the City of Pueblo
is charged with the responsibility of providing for and governing the conduct
of all of its municipal elections; and
WHEREAS, by Ordinance No. 5820 of the City of Pueblo, the City has
determined that it is in the best interest of the City and its inhabitants to
conduct its November 2, 1993, election as a "coordinated election" as such term
is defined in the Uniform Election Code of 1992, as amended ( the "Code ") , and
the Code, pursuant to §1 -7 -116, C.R.S., contemplates 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, requires
the production of a mailed Notice concerning ballot issues that will be
submitted to the electors of the City of Pueblo; and
WHEREAS, the Notices of several jurisdictions are to be sent as a package
where jurisdictions overlap; and
WHEREAS, the need to produce the Notice Package requires that there be
County -wide coordination of the production and mailing of the Notice Package to
effectuate the purposes of said constitutional provision; and
WHEREAS, Pueblo County, on behalf of the Pueblo County Clerk and
Recorder, desires to enter into an intergovernmental Agreement with the City
of Pueblo in order to set forth their respective responsibilities regarding the
conduct of the coordinated election and the production and mailing of the
Notice Package.
STATE OF COLORADO,
County of Pueblo, j ss.
The Board of County Commissioners met in regular session in its
office in Pueblo County, Colorado, on Wednesday the 25th day of
August A .D.19 93 a t 10:00 o'clock.
Present: Chairman.
County Commissioner.
County Commissioner.
County Attorney.
County Clerk or Deputy.
When the following proceedings, among others, were had and done, to wit:
RESOLUTION NO. 93 -378 CONTINUED
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Pueblo County, Colorado, that the Agreement between Pueblo
County, on behalf of the Pueblo County Clerk and Recorder, and the City of
Pueblo, dated August 23, 1993, the terms and conditions of which is
incorporated herein by this reference, be, and hereby is, approved.
BE IT FURTHER RESOLVED that the Chairwoman of the Board of County
Commissioners be, and hereby is authorized to execute said Agreement on
behalf of Pueblo County.
By the following vote on roll -call:
BREWER -Aye, MARTINEZ -Aye, FARLEY -Aye.
CRLHTY.03 /CARESOL
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