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HomeMy WebLinkAboutresolution.council.097-24RESOLUTION 4097 (Series of 2024) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, CALLING FOR AND ESTABLISHING A DATE FOR THE CITY OF ASPEN TO COORDINATE WITH PITKIN COUNTY FOR THE 2024 COORDINATED ELECTION TO BE CONDUCTED ON NOVEMBER 5, 2024, AND AUTHORIZING THE CITY CLERK TO EXECUTE THE INTERGOVERNMENTAL AGREEMENT CONCERNING THE 2024 COORDINATED ELECTION. WHEREAS, there has been submitted to the City Council an intergovernmental agreement for the 2024 Coordinated Election, between the City of Aspen "Political Subdivision" and Pitkin County Clerk and Recorder, a draft copy of which is attached hereto as Exhibit "A"; and WHEREAS, the City Council desires to place before the Aspen electorate certain ballot questions; and WHEREAS, the City Council may add such additional questions to the ballot as it may hereafter deem appropriate, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, Section 1: The City of Aspen shall hold and hereby calls an election to be coordinated with the Pitkin County General Election established for Tuesday, November 5, 2024, for the purposes of submitting ballot questions regarding amending code provisions and extending an Affordable Housing Real Estate Transfer Tax, extending a sales tax, and authorizing the application of a use tax on automotive vehicles sales and use, and submitting any other questions to be determined by the City Council at a future date. Section 2: Pursuant to Ordinance No. 31, Series of 1996, the coordinated election shall be conducted in accordance with the Uniform Election Code of 1992, as amended. The City Clerk shall take all steps necessary to negotiate with the Pitkin Clerk and Recorder for the preparation of an intergovernmental agreement in accordance with Section 1-7416, C.R.S., concerning the conduct of the November 5, 2024, Coordinated General Election according to law, substantially in the form of the draft attached hereto. The City Clerk shall be authorized to execute the intergovernmental agreement concerning the 2024 Coordinated General Election, subject to final approval of the City Attorney. Section 3: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 13th day of August 2024. Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, August 13, 2024. FLO vjMxalllv hbw Nicole Henning, City Clerk Docusign Envelope ID: 509C0838-4FFE-4736-A787-30826BEC1C34 �TERGOVERNMENTAL AGREEMENT FOR CONDUCT OF 2024 GENERAL ELECTION THIS INTERG VERNMENTAL AGREEMENT day of � � � , 2024, Recorder (hereinafter referred to as "Clerk") and (hereinafter referred to as "Political Subdivision"). I. PURPOSE ("Agreement"} is made effective this between the Pitkin County Clerk and The Political Subdivision desires to refer one or more candidate, contests, issues or questions on the Pitkin County ballot for the November 5, 2024 General Election (hereinafter referred to as "Election"). The Clerk will act as the coordinated election official and conduct the Election on behalf of the Political Subdivision and similarly situated participating entities. The Clerk agrees to perform the services specified below in connection with the Election in consideration of Political Subdivision's timely payment of costs and performance of its other obligations as set forth herein. This Agreement sets forth the responsibilities between the Clerlc and Political Subdivision for the preparation and conduct of the Election. The parties agree as follows: II. APPLICABLE LAW The Election is to be held in accordance with the Uniform Election Code of 1992, Title I of the Colorado Revised. Statutes, Articles 1-13 ("Election Code"), the Colorado Secretary of State Election Rules ("CO SOS Rules"), Pitkin County Home Rule Charter ("HRC"), Article 6 and Colorado Constitution, Article X, Section 20 ("TABOR"). Statutory and administrative Page1of16 Docusign Envelope ID: 509C0838-4FFE-4736-A787-30826BEC1C34 requirements under the Election Code, CO SOS Rules, HRC and TABOR apply to the completion of any duties or tasks required under this Agreement. If any Political Subdivision encompasses territory in more than one county, this Agreement applies only to the portion of the Political Subdivision within Piticin County. III. DESIGNATION OF OFFICIALS A. Clerk's Designated Election Official The Cleric designates the following person as the Designated Election Official, i.e. contact person, to act as the Cleric's primary liaison with the Political Subdivision for all purposes relating to the Election. The Contact Officer acts under the authority of the Clerk. DEO Name: Madeleine Osl �tions Operation; Mailing Address: 530 E. Main Street, Suite 104, Aspen, CO 81611 Phone Number: 970429-2711 Fax Number: 970-445-3007 Email Address: madeleine.osberger(cr�,pitkincounty.com B. Political Subdivision's Designated Election Official The Political Subdivision designates the following person as the Designated Election Official ("DEO") for purposes of the Election. The DEO is the primary liaison between the Political Subdivision and the Clerk DEO Name: Mailing Add Phone Numb Fax Number: Email Address: • V Alternate DEO: The Political Subdivision designates LOW p hone � as an alternate DEO if the primary DEO is unavailable for unforeseen circumstances. Page 2 of 16 Docusign Envelope ID: 509C0838-4FFE-4736-A787-30826BEC1C34 IV. DUTIES "r THE CLERK a. Election Preparation, The Clerk must: i. Provide Political Subdivision with an address library report which lists all residential street addresses situated within the Political Subdivision's boundaries according to the State of Colorado Registration and Election Management database ("SCORE"). ii. Manage and update all voter registration records and associated correspondence. iii. Supply, deliver, and set up all voting equipment and other items necessary to conduct the Election. iv. Appoint eligible electors as election judges, arrange for their compensation, and provide necessary election judge training in advance of the Election. v. Include on the ballot all content timely certified by Political Subdivision. vi. Contract for the printing of ballots, ballot envelopes, and other printed materials reasonably necessary to conduct the Election, and arrange for payment to the printing vendors(s). Perform all required acceptance testing, hardware diagnostic testing and logic and accuracy testing of Pitkin County's voting systems and components. (CO SOS Rule 11.3 Voting Systems) V111. Designate the proper number of Voter Service and Polling Centers ("VSPC"), early voting centers, and mail ballots drop off locations, ensuring the VSPCs are accessible to electors with disabilities. Page 3 of 16 Docusign Envelope ID: 509C0838-4FFE-4736-A787-30826BEC1C34 ix. Publish and post official Public Notice providing the date of the Election, and the dates, address(es), and hours of the VPSCs and drop-off locations) no later than 20 days before the Election. (C.R.S. § 1-5- 205(1); b. Election Conduct, The Clerk must: i. Issue mail ballots to and accept voted mail ballots from military and overseas voters in compliance with deadlines and delivery methods. (C.R.S., Article 8.3) ii. Provide for the security, processing, and reconciliation of all mail ballots by receiving, verifying voter signatures, opening, duplicating if applicable, and counting of ballots. 111. Provide for the security and reconciliation of official ballots supplied for or cast at the VSPCs. iv. Provide and process provisional ballots. (C.R.S., Article 8.5; CO SOS Rule 17. Provisional Voting) v. Conduct post -election Risk- Election Code and Rules. (CO SOS Rule 25. Post -Election Audit) Conduct any mandatory or permissive recount. vii. Prepare and conduct the Canvass of Votes no later than 22 days after the Election. (C.R.S. § 140402; CO SOS Rule 10. Canvassing) Certify and provide official results to all political subdivisions participating in the Election. Preserve all election records relating to the Election for at least 25 months. (C.R.S. §1-7402) Docusign Envelope ID: 509C0838-4FFE-4736-A787-30826BEC1C34 V. DUTIES OF POLITICAL SUBDIVISION a. Election Preparation, The Political Subdivision must. i. Determine whether a ballot issue, ballot question, candidate contest, or candidate is eligible or properly certified for the ballot. ii. Verify and certify to the Clerk the address library report the Clerk provides is accurate and complete at the earliest possibility time and no later than 4:30 p.m., 70 days before the Election. Political Subdivision will notify the Clerk of any address ranges or street names in the address library report that are inaccurate, incomplete, or omitted in its certification. NOTE: If certification is not provided by 4:30 p.m., 70 days before the Election, the Political Subdivision may not participate in the Election, or alternatively, the Clerk, in her discretion, may build the Election on the assumption that the address library report is complete and accurate. iii. If any annexations to the Jurisdiction have occurred between November 7, 2023 and the date of the signing of this IGA, the Jurisdiction is responsible for informing the County Clerk in writing by the .date of the signinPro f this IGA. Deliver to the Clerk a certified copy of the ordinance or resolution, enacted or adopted by its governing board, authorizing the Political Subdivision to participate in the Election according to the terms of this Agreement by 4:3 0 p.m., 70 days before the Election, and identifying persons) authorized to execute this Agreement. Page 5 of 16 Docusign Envelope ID: 509C0838-4FFE-4736-A787-30826BEC1C34 v. Provide a certified copy to the Clerk of all ballot content in the format provided for in this Section under b. Ballot Content. vi. Post or publish any legal notices required of Lite Political Subdivision not expressly agreed to be the responsibility of the Clerk in this Agreement. b. Ballot Content, The Political Subdivision must: i. Certify and email ballot content to the Clerlc at the earliest possible time and no later than 4:30 p.m., 60 days before the Election. (C.R.S. § 1-5- 203(3)(a)) ii. Use the exact language and order as such ballot content is to appear on the printed official and sample ballots for the Election for all certified ballot content. iii. Limit ballot content to 250 words, including title, unless the Clerlc provides written consent in advance. Notwithstanding the foregoing, for ballot issues or ballot questions that will involve coordination with other counties beyond Pitkin County, the Political Subdivision will adhere to any smaller word limit that may be required by other county clerk and recorders. Submit and format the certified ballot content in the following format: 1. Microsoft Word '97 or later 2. Font Type: Anal 3. Font Size: 8 point 4. Justification: Left 5. Spacing: Single 6. All Margins: 0.5 inches Page 6 of 16 Docusign Envelope ID: 509C0838-4FFE-4736-A787-30826BEC1C34 7. Language: English 8. Ballot Title; Bold and lower case (County Clerks determine numbering, CO SOS Rule 4. Coordinated Election) a. Definition of Ballot Issue and Ballot Question: i. "Ballot Issue" means a state or local government matter arising under section 20 of article X of the state constitution, as defined in C. R. S . § 1-41- 102(4) and 1-41-103 (4), respectively. 11. "Ballot Question" means a state or local government matter involving a citizen petition or referred measure, other than a ballot issue. b. Example of Ballot Title (Issue and Question): Each ballot issue or question must contain the name of the political subdivision at the beginning of the ballot issue or question; e.g. i. Aspen Ambulance District Ballot Issue 6A 11. City of Aspen Ballot Question 2A -Amendment to City Charter Term Limits c. Ballot Issues or Questions will provide the following options: i. Yes/For 11. No/Against d. For Candidate Races, when identifying the term and number to vote for, please use the following example: Page 7 of 16 Docusign Envelope ID: 509C0838-4FFE-4736-A787-30826BEC1C34 i. Four -Year Term, Vote for up to Three (3) 9. Audio File Type: Wave Sound, file extension.wav, or mp3. a. A candidate in an election must provide an audio recording of his or her name exactly as it appears on the statement of intent. (CO SOS Mule 4.6.2 Coordinating Election) b. Each DEO will collect the recording of each candidate and provide the audio recording to the county no later than the deadline to certify the content of the race to the county clerk. v. Designate an agent to appear in person at the Clerk's office to proofread and approve ballot content certified by Political Subdivision as it appears on ballot artwork before printing. This should take place within one business day after Clerk's notification. Notification to appear to approve ballot artwork will occur between 8:00 a.m. to 6:00 p.m. from the 57t" day until the 47tt' day before the Election. The Political Subdivision designates the following as their agent to ame N Phone Number: Cell Phone Number: Fax Number: Email Addres ballartwork: ve ot NOTE: The Political Subdivision's certified content will be final upon transmission to and receipt by the Clerk. The Clerk will not be responsible for malting any changes after Political Subdivision's certification of its ballot content. Docusign Envelope ID: 509C0838-4FFE-4736-A787-30826BEC1C34 Changes will be made to ballot artwork only if ballot artwork does not match the certified ballot content provided by the Political Subdivision. c. Additional Duti applicable: �ecial District E: The Special District must, if i. Certify to the Clerk the list of property owners eligible to vote for Special District Elections by 4:30 p.m., 53 days prior to the Election. (C.R.S. § 32- 1-806) ii. Notify eligible properly owners within the Political Subdivision of the option to contact the Clerk for a property owner mail ballot. Clerk will provide a draft of property owner affidavit to DEO for mailing. VI. BALLOT ISSUE NOT a. Duties of the Clerk 'ABOR Nt i. Prepare and mail a combined TABOR Notice no less than 30 days prior to the Election, pursuant to Colorado Constitution Article X, Section 11. Mail TABOR Notice to eligible electors at each address in Pitkin County where one or more registered voters of the Political Subdivision and of any other participating political subdivision resides. 111. Determine the least cost method for mailing the TABOR notice. iv. Refer inquiries concealing the substance of ballot issues and ballot questions or Political Subdivision operations to the Political Subdivision DEO named in this Agreement. b. Duties of the Subdivision. Docusign Envelope ID: 509C0838-4FFE-4736-A787-30826BEC1C34 i. Ensure timely preparation, accuracy, and legal sufficiency of any TABOR Notice content. 11. Provide a local office address and telephone number to incorporate in the TABOR Notice. . Email pro and con statements and required fiscal information to the Clerk by 4:30 p.m., no later than 43 days prior to the Election. (C.R.S. § 904) iv. Submit pro and con statements in the following format: 1, Microsoft Word '97 or later 2. Font Type: Aria1 3. Font Size: 8 point 4. Justification: Left 5. Spacing: Single 6. All Margins: 0.5 inches 7. Language: English v. Designate an agent to proofread and approve via email Political Subdivision's TABOR Notice content before printing within four hours after receiving TABOR Notice artwork from the Clerk. Due to production time constraints, the agent designated by the Political Subdivision must be available from the 391h day prior to the election until the 37" day prior to the Election. The Political Subdivision designates the following as their agent to approve TABOR notice • 1F F!l Number:one Cell Phone Number: Docusign Envelope ID: 509C0838-4FFE-4736-A787-30826BEC1C34 Fax Number. Email Addres v1. Mail its TABOR Notice content to all property owners within the Political Subdivision who are eligible to vote on the ballot issue, except for electors to whom the Clerk mails the combined TABOR Notice. vii. Pay the prorated amount of the total cost to produce and mail the complete TABOR Notice, based on the total number of active registered voters residing within the Political Subdivision, as reflected by the voter registration records and count used by the Colorado Secretary of State for the Election, and by the columnar length in inches, rounded to the nearest quarter inch, the Political Subdivision content occupies in the TABOR Notice. VII. ELECTION COSTS i. The Clerk will keep accurate accounts of all costs incurred to conduct the Election, including, but not limited to, costs for supplies, printing, ballot mailing, TABOR Notice, election notice(s), temporary labor, compensation of election judges, and other expenses attributable to conducting the Election on behalf of the Political Subdivision. ii. The Clerk will determine the cost allocation for each Political Subdivision - participating in the Election. In the event that the state certifies any ballot content, the amount reimbursed by the state will be deducted prior to cost allocation for the participating political subdivisions. The cost will then be shared proportionally by the participating local districts and calculated by columnal length used on the ballot and TABOR Notice. Page 11 of 16 Docusign Envelope ID: 509C0838-4FFE-4736-A787-30826BEC1C34 iii. The Clerk will charge and allocate to the Political Subdivision its share of expenses incun•ed by the Clerk, without regard to whether the Political Subdivision rescinds its intent to participate in the Election or Political Subdivision's failure or omission to timely perform any of its obligations under the Agreement. iv. There will be a minimum charge for participation in the Election of $1000, and in no event will any district pay less than $1000. v. The Clerlc will submit to the Political Subdivision an invoice, within 90 days of the Election, for their pro rata share of costs incurred in participating in the Election. vi. The Political Subdivision must reimburse the Clerk for Election costs as allocated within 30 days of receiving the invoice of its pro rata costs. vii. In the event of a recount, mandatory or permissive, of a candidate contest, ballot issue, or ballot question certified by the Political Subdivision, the Clerk will charge expenses reasonably incurred to conduct any such recount or ballot contest to the Political Subdivision. If more than one Political Subdivision participating in the Election is involved in any such recount or election contest, the costs will be prorated between the Political Subdivision and other participating entities. VIII. CANCELLAr y OF T] ELECTIOI\ i. If the Political Subsion opts to cancel its Election, the Political Subdivision must notify the Clerlc immediately. Page 12 of 16 Docusign Envelope ID: 509C0838-4FFE-4736-A787-30826BEC1C34 ii. The Political Subdivision must pay the Clerk all amounts due, including production and mailing costs incurred before and after the Clerk received cancellation notice. iii. The Political Subdivision must provide notice of publication of the cancellation of its Election. A copy of the publicized notice must be posted in the office of the Clerk, office of the D.E.O., and if the Political Subdivision is a special district in the office of the Division of Local Government. (C.R.S. § 1-5-208(6)) iv. The Political Subdivision cannot cancel its participation in the Election after the 25th day prior to the Election. (C.R.S. § 1-5-208(2)) IX. ADDITIONAL TERMS i. In the event a court of competent jurisdiction finds the Election for the Political Subdivision was void or otherwise defective as the sole result of the failure of the Clerk to perform in accordance with this Agreement or laws applicable to the Election, the Political Subdivision will be entitled to recover expenses or losses caused by such breach or failure up to the maximum amount paid by the Political Subdivision to the Clerk. This will be the exclusive remedy for breach available to the Political Subdivision. The Clerk will not be held liable for any expenses, damages, or losses in excess of the amounts paid by Political Subdivision under this Agreement. 11. If requested by Clerk, Political Subdivision shall designate eligible electors to participate and/or serve as election judges, on various election judge boards, and on various boards and panels convened to oversee the Election. Page13of16 Docusign Envelope ID: 509C0838-4FFE-4736-A787-30826BEC1C34 iii. In the event the Clerk does not request the Political Subdivision to designate eligible electors under this section, all election judges, boards and panels will be comprised of registered electors affiliated with the major political parties and recommended by the county chairpersons thereof; provided, however, that Clerk reserves the right to appoint unaffiliated electors or electors affiliated with minor political parties if the county chairpersons of the major political parties are unable or fail to recommend a sufficient number of registered electors affiliated with the major political parties. (C.R.S., Article 6) iv. No portion of this Agreement creates a cause of action to anyone who is not a party to this Agreement. v. Any proposed Political Subdivision not identified by a tax code in the Pitkin County Assessor records must provide the Clerlc with a certified legal description, map and locator, identifying all "high/low" ranges for street addresses within the proposed Political Subdivision, no later than 180 days before the Election. If the locator data is not provided by 180 days, the proposed Political Subdivision will not participate in the Election. vi. The Clerk agrees to perform the services specified in this Agreement in consideration of the Political Subdivision's timely payment of costs and performance of its other obligations as set forth. vii. The Political Subdivision warrants it has sufficient funds available in its approved budget to pay all amounts due to the Clerk. Docusign Envelope ID: 509C0838-4FFE-4736-A787-30826BEC1C34 Vlll. The signatory for the Political Subdivision warrants that they have power and authority to bind the Political Subdivision to this Agreement. ix. Should any provision of this Agreement be determined by a court of competent jurisdiction to be unconstitutional or otherwise null and void, it is the intent %J the parties hereto that the remaining provisions of this Agreement shall be of full force and effect. x. Unless otherwise agreed in writing, this Agreement and the interpretation thereof shall be governed by the laws of the State of Colorado. Venue for any and all legal actions arising under this IGA shall lie in the District Court in and for the County of Pitkin, State of Colorado. This agreement must be signed and delivered to the Clerk by 4:30 p.m., no later than 70 days prior to the Election, and is effective as of the day of signing. CLERK AND RECORDER 530 E. MAIN STREET, ASPEN, CO 81611 PITKIN COUNTY, COLORADO DocuSigned by: Ingrid K Grueter POLITICAL SUBDIVISION Print or type sy: Title: e of Politi ubdivision 8/27/2024 � Dat e Page 15 of 16 10:30:12 AM MD' Docusign Envelope ID: 509C0838-4FFE-4736-A787-30826BEC1C34 Page 16 of 16