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HomeMy WebLinkAboutresolution.council.066-94 "~,a \. ~, ~. f~ ., ..11II RESOLUTION NO./tft (Series of 1994) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AUTHORIZING AND APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ASPEN AND THE PITKIN COUNTY CLERK AND RECORDER RELEVANT TO A COORDINATED ELECTION TO BE CONDUCTED ON NOVEMBER 8, 1994 WHEREAS, the City Council has by previous action adopted the Uniform Election Code of 1992, as amended, so as to facilitate a coordinated election on November 8, 1994, with those election jurisdictions that overlap the boundaries of the City of Aspen; and WHEREAS, Section 1-7-116(2) of the Uniform Election Code (CR.S.) requires the adoption and execution of an intergovernmental agreement between the City and the County Clerk and Recorder when a coordinated election is to be conducted; and WHEREAS, such intergovernmental agreement is to be executed not later than 60 days prior to the scheduled coordinated election and shall provide for the allocation of responsibilities between the County Clerk and Recorder of the City for the conduct of the election and a reasonable sharing of the costs associated therewith; and WHEREAS, a proposed intergovernmental agreement has been submitted to the City by the Pitkin County Clerk and Recorder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO that the City Manager be and is hereby authorized to execute on behalf of the City of Aspen an intergovernmental agreement between the City and Pitkin County Clerk and Recorder for the conduct of a November 8, 19p:4,Cpordinated election, an unamended copy of which is attached hereto. ! I I, Kathryn S. Koch, duly appointed and acting Ci is a true. and accurate copy of that resolution adopted by the City Council of the City of Aspen, at a meeting held August 22, 1994. .. \{'. &e;, Ii;\ '\.:, e',", , '", '\~ -- LETTER OF AGREEMENT This Letter of Agreement shall serve as the intergovernmental agreement between the Pitkin County Clerk & Recorder (hereinafter referred to as "County Clerk") and the City of Aspen in Pitkin County (hereinafter referred to as "District".) 1. PURPOSE. Pursuant to the terms of this agreement, The County Clerk and District agree to the scheduling of a November 8,1994 Coordinated Election, such election defined as involving more than one political subdivision with overlapping boundaries. The purpose of the agreement is to set forth the responsibilities of the County Clerk and the District in the conduct and finance of the election. This election shall be held under the provisions of Title I of the Colorado Revised Statutes. 2. JURISDICTIONAL LIMITATION. If any District encompasses territory in more than one county, this Agreement shall be construed to apply only to that portion ofthe District within Pitkin County. 3. DESIGNATION OF OFFICIALS. The County Clerk and Recorder shall serve as the Coordinated Election Official for all political subdivisions involved in this coordinated election. The County Clerk will designate Linda Gustafson (920-5186) and Barbara Clarke (920-5184) as the "Contact Officers" to act as the primary liaison or contact between the District and the County Clerk for this Coordinated Election. The District shall designate an "Election Officer" who will have primary responsibility for the conduct of Election procedures to be handled by the District and who shall act as the primary liaison between the District and the Contact Officers. The District designates Kathryn Koch as the Election Officer. Phone number 920-5064 ; fax number 920- 5197. To the extent that the Code requires, this person is the District's "designated election official". 4. COUNTING CITY BALLOTS. The count for each precinct that contains any City of Aspen ballot questions will itemize the count for each ofthose ballot number positions. There will be a yes and no count for each question in each precinct. Copies of the canvass will be available for the Mayor and City Clerk to complete a Statement and Certificate of Determination of an Election 5. PRECINCTS & POLLING PLACE LOCATIONS. Voting precincts and polling place locations will be those established and designated by the County. Polling place signs will be purchased and posted by the County Clerk at least 10 days prior to the Election. 6. APPOINTMENT OF ELECTION JUDGES. All Election Judges shall be appointed and trained by the County Clerk. Should the County Clerk experience a shortage of election judges, the District shall provide a list of suggested election judges to the County Clerk. LEGAL NOTICES. Any legal notice of election which is required to be given to the electorate of the district according to statute governing that election other than the notice required at least ten days prior to the election according to 1-5-205 shall be the responsibility of the District. 7. 1 ~, '. (f:A ~'., ililt I~, "0. '\~ 11. 12. 13. - -- 8. RECEIVING AND PROCESSING OF PETITIONS. The petition process for the District shall be entirely the responsibility of the District, and shall be done in compliance with applicable Colorado statutes, ordinances, resolutions or charter provisions. This process includes: approving the candidate or initiative petitions to be circulated within the District; receiving the petitions; and verifying the signatures on the petitions within the District. BALLOT CONTENTS. In accordance with Colorado law, the ballot contents must be certified to the County Clerk by the District, in its exact and final form, no later than 4:00 p.m. on September 13, 1994. The District assumes all responsibility and cost for any judicial proceedings regarding whether or not issues legally belong on the ballot. The list of candidates/questions must be typed exactly as it is to appear on the ballot, including correct order. For candidates, specify titles of offices, order of offices and the order of the names to appear for each office. For issues, specify the title of the text, and the order of the issues. The District has responsibility to proof and approve the layout and text of the sample/absentee/official ballots before authorizing the printing of the ballots. From time of receipt of proof, the District has 24 hours to proof, sign and return to the County Clerk. ELECTION PREPARATION. The County Clerk reserves the right to request general assistance from the District staff for election preparation. The District shall be compensated for this time at a rate of $10.00/hour, and the total shall be deducted from the total prorated cost of the election for the District. The County Clerk shall acquire on behalf of the District the property ownership list from the Assessor, if necessary. The cost of the list is provided by statute and shall be paid directly to the Assessor by the District. In addition to the above assistance, the District's staff shall on their own time work with the Assessor's list to determine and certify to the County Clerk no later than 25 days before the election, additional, eligible voters not already contained on the Pitkin County voter registration list. Use of this list may not be necessary for School District and Municipal elections. 9. 10. RECEIVING OF WRITTEN COMMENTS AS COVERED BY SECTION 20 OF ARTICLE X OF THE COLORADO CONSTITUTION (hereafter referred to' as Amendment I). The process of receiving written comments, including petition representative's summary of comments, and summarizing such comments, as required by Amendment I, shall be solely the responsibility oflhe District's designated Election Official. PREPARA nON AND MAILING OF NOTICES FOR BALL011SSUES ELECTIONS. The District shall certify a final and exact summary of comments concerning its ballot issues to the County Clerk no later than 25 days before the election (4:30 PM October 14, 1994), for inclusion in the ballot issue mailing as required by Amendment I. Please adhere to the following specifications in your submission: camera ready, black on white, upper and lower ca.se, size 8 point, 1/4" left and right margins on an 8 112" wide paper. The County Clerk shall coordinate the text for the ballot issue mailing for all participating Pitkin County political subdivisions into one notice. Said ballot issue mailing shall be prepared and mailed by the County Clerk in accordance with Amendment I. CONDUCT OF THE COORDINATED ELECTION. The County Clerk shall be responsible for the conduct of the Coordinated Election, including the appointment of observers as provided by law. The Coordinated Election shall be conducted under 2 -"", \z. '~-', 1% '0.(", fA" '. the provision of CRS Title I. 14. ABSENTEE AND REPLACEMENT BALLOTS. All requests for absentee ballots shall be transmitted to and processed by the County Clerk at 530 E Main St, Aspen, CO, 81611,303920-5180. The County Clerk shall provide application forms to the Districts. All completed application forms must be returned to the County Clerk, 530 E Main St, Aspen, CO. 15. PREPARATION FOR ELECTION DAY. The County Clerk shall be responsible for preparing and printing the sample/absentee/official ballot forthe Coordinated Election. The County Clerk shall also be responsible for providing, preparing and delivering voting equipment and supplies to all polling place locations. 16. TEST DECK. The District may provide a representative to witness and initial the results of the three runs of the test deck. These tests are run one day prior to the election, just before the actual ballot count, and directly after the ballot count. 17. TABULATION OF BALLOTS. All processes relating to the tabulation of ballots shall be the responsibility of the County Clerk. The District may designate one representative to observe the counting of the ballots. An unofficial abstract of votes will be provided to the District, upon completion of the counting of all ballots. 18. CANVASS OF VOTES. The canvass of votes will be the responsibility of the County. Such canvass will be completed within the time required by law, and official results of the canvass will be provided to all political subdivisions participating in the Coordinated Election. The County Clerk will certify the vote to the District. Each District will be responsible for issuing their own Certificates of Election of candidates. 19. CANCELLATION. In the event the election is cancelled before Election Day, the District shall be responsible for its prorated share of election expenses incurred to date of receipt of written notification of cancellation by the County Clerk. 20. STORAGE OF RECORDS. The County Clerk shall store all materials required by Election Codes for 25 months. 21. MUNICIPAL ELECTIONS. If the Colorado Election Code (Title I of the Colorado Revised Statutes) conflicts with the municipal election code or a specific charter provision of a municipaiity choosing to conduct a municipal election as part of the coordinated election, the municipality shall provide a copy of such ordinance or resolution adopting the use of the requirements and procedures of the Colorado Election Code for this Coordinated Election. 22. ALLOCATION OF COST OF ELECTION. The County shall determine the cost allocation for each District participating in the Coordinated Election. The District shall reimburse the County for such election costs as allocated to the District. The election invoice will be itemized and prorated for each District on the basis of the total number of registered voters within each political subdivision. Reimbursement shall be made to the County within thirty days from receipt of billing from the County. Anticipated expenses include but are not limited to: County staff members' time at each hourly rate plus benefits, Election Judges and other election personnel, election forms, election supplies, ballot cards, printing, legal notices paid for by the County, postage, rental charges. 3 I- ll" '\\"" ~.'" tTh \(;\ ;~ ., 23. LIABILITY. In the event of any challenge, demand, expense, or loss arising out of, or related to the conduct of the election, the party having responsibility over or concerning the point of challenge will bear the expense associated with the error, if any, including any cost of a new election. Responsibility is determined by the duties of the respective parties as contained and described in this agreement. THIS LETTER OF AGREEMENT executed by the parties hereto as of the dates and year written below. PITKIN COUNTY CLERK & RECORDER Silvia Davis Date: APPROVED AS TO FORM: Tim Whitsitt, County Attorney ATTEST: Jeanette Jones Deputy Clerk and Recorder DISTRICT NAME/~ i CIT'(OF SPEN By: ----'"' Tille: 'I fYi) -{o'--~ Date: '7" I -3...-E' L/ ATTEST: ~A jC~ ~LV----J( By: r:~ viL.o,,b-; {/~ Secretary =r I ~ pc _ c1erk:wp:elections: intergov _ag ree 4