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HomeMy WebLinkAboutresolution.council.048-96 <It - ~", ,., RESOLUTION N0.48 (Series of 1996) 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 5, 1996 WHEREAS, the City Council has by separate action adopted the Uniform Election Code of 1992, as amended, so as to facilitate a coordinated election on November 5, 1996, 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 (C.RS.) requires the adoption and execution of an intergovernmental agreement between the City and 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 and 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 py the Pitkin County Clerk and Recorder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO that the City Manger 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 5, 1996, coordinated election, an unamended copy of which is attached hereto. e (Ja '. e ~ /5~~-"~ Jo'. s. B~"", ~Ym I, Kathryn S. Koch, 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 at a meeting held August 26, 1996. ~ ') xI~, Ka' n S. Koch, City dl~ , ..,;t;> II Pitkin County Clerk & Re,corder This Letter reement shall serve as the intergovernmental agreement between the Pitkin County Clerk & Recorder (hereinafter referred to as "County Clerk") and ~\1-\-gyN. ~C.Lt- c::..\T'-( c:~, (spelled exactly as it should appear on the ballot) in Pitkin County (hereinafter referred to as "District".) LETTER OF AGREEMENT 1. PURPOSE. Pursuant to the terms of this agreement, The county Clerk and District agree .to the scheduling of a November 5, 1996 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 of the District within Pitkin County. "It; 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 Doreen Bellfy (920-5180) as the "Contact Officer" to act as the primary liaison or contiict between the District and the County Clerk for this Coordinated Election. The District shall designate an "Election Officer" who will have the 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 Officer. The District designates ~\l--\ R'l~ as the Election Officer. phone number Cfio - '5bGLf fax number q'20 - 5 \ '1T ~~ To the extent that the Code requires, this person is the District's "designated election official". 1 530 E, Main Street, # 101 o printed on recycled paper Aspen, Colorado 81611 (970) 920-5180 Fax (970) 920,5196 ~ w e e e 4. PRECINCTS & POLLING PLACE LOCATIONS. Voting precincts and polling place locations will be those established and designated by the County Clerk. Polling place signs will be purchased and posted by the County Clerk at least 12 days prior to the Election. 5. 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. 6. LEGAL NOTICES. Any legal notice which is required to be given to the electorate of the district according to statute governing that election other than the notice of election required at least ten days prior to the election according to 1-5-205 shall be the responsibility of the District. '7. 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. 8. 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 4:30 p.m. on September 10, 1996. 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, the order of the names to appear for each office and the order of offices. For issues, specify the ballot title, and the order of the issues. Wording shall be in upper and lowercase except Amendment I questions (see 10 below for Amendment I definition). The District has responsibility to proof and approve the layout and text of the sample/absentee/official ballots before COUlity Clerk authorizes' 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. 9. 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 2 , - e e deducted from the total prorated cost of the election for the District if that total is reflected as part of the total cost of the election. The District shall acquire the property ownership list referred to in 1-5-304 CRS 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. The District's staff shall be solely responsible for any work required with the Assessor's list (Clerk and Recorder's office does not feel this is necessary for the November coordinated election). 10. RECEIVING OF WRITTEN COMMENTS AS COVERED BY SECTION 20 OF ARTICLE X OF THE COLORADO CONSTITUTION (hereinafter referred to as Amendment 1). The process of receiving written comments, including petition representative's summary of comments, and summarizing the comments in opposition to the district's question, as required' by Amendment I, shall be solely the responsibility of the District's designated Election Official. 11. PREPARATION AND MAILING OF NOTICES FOR BALLOT ISSUES ELECTIONS AS REOUIRED BY AMENDMENT I. 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 11, 1996), for inclusion in the ballot issue mailing as required by Amendment I. Please adhere to the following specifications in your submission: Least ornate font (Swiss Roman is one possibility); size 10 point; upper and lower case wherever possible to facilitate reading AND ON 3 1/2 " hard disc Software: Wordperfect for DOS or for Windows (up to 6.1) Windows write (save as a text file) IBM compatible The exact form is included in a sample. 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. 12. CONDUCT OF THE COORDINATED ELECTION. The County Clerk shall be responsible for the conduct of the Coordinated Election. The Coordinated Election shall be conducted under the provision of CRS Title I. 13. ABSENTEE AND REPLACEMENT BALLOTS. All requests for absentee 3 , " - - e ballots shall be transmitted to and processed by the County Clerk at 530 E Main st #101, Aspen, CO, 81611, 303 920-5180. 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 #101, Aspen, CO. 14. AFFIDAVITS AND BALLOTS. This section DOES NOT pertain to school districts, community colleges and municipal elections. It DOES apply to special districts. For electors who own property within the political subdivision but reside and are registered to vote in another county, the affidavits and ballots shall be available only at the coordinated election official's office (i.e. the clerk and recorder's office). 15. PREPARATION FOR ELECTION DAY. The County Clerk shall be responsible for preparing and printing the sample/absentee/official ballot for the 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. The unofficial results 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 referred to in 1-11-103. 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. 4 ~ e . fIJJ&, ,., . 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 municipality 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 suhdivision and the number of offices and questions. There shall be a minimum charge for participation in the election of $300, and in no event shall any district pay less than $300. 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. 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: John Ely, County Attorney 5 e ~ ~~., e " ATTEST: Jeanette Jones Deputy Clerk and Recorder DISTRICT NAME By: GlTY OF ~ / ) I , / , ,'/ /1 ," " Title: /"1 (' //' :'/.'1 -1-" I..~ .e-'-L-- v Date: <=1/ (., I q~ ATTEST: ~ J!~) / By: Secretary pc_clerk:wp: elections: intergov_agree iJ I~ J/ j, COUNTING CITY BALLOTS. The count for each precinct that contains any bi~n qallot t:~ns will itemize the count for each of those 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. 6