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HomeMy WebLinkAboutR03-075 Intergovernmental Agreement Concerning the November 4, 2003 Election-~ • • g~"~ Commissioner ~ moved adoption of the following Resolntion: BOARD OF COUNTY ~ OMMISSIONERS COUNTY OF EAGLE, ST~aTE OF COLORADO RESOLUTION N0.2003 `~ RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO EXECUTE THE COORDINATED ELECTION INTERGOVERNMENTAL AGREEMENT CONCERNING THE NOVEMBER 4, 2003 ELECTION WHEREAS, Eagle County, Colorado ("County") is a political subdivision of the State of Colorado ("Statte"), duly organized and existing pursuant to the laws and the Constitution of the States and ~YI~REAS, the Eagle County Clerk acts as the Coordinated Election Official for the conduct of elections for various political subdivisions as set forth in the Uniform Election Code. WHEREAS, the Board of County Commissioners ("Board") desires to enter into a coordinated election agreement with various political subdivisions who may participate in the November 4, 2003 election. WHEREAS, a Coordinated Election Intergovernmental Agreement in the form attached as Exhibit "A" is necessary to establish the rights and obligations of the County and certain political subdivisions associated with the November 4, 2003 election. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Board hereby authorizes the Chairman of the Eagle County Board of County Commissioners to execute Coordinated Election Intergovernmental Agreements with the various political subdivisions that may participate in the November 4, 2003 election. The Coordinated Election Intergovernmental Agreement is attached hereto as Exhibit "A". THAT, this Resolution is necessary for the public health, safety and welfare of the citizenry of the County of Eagle, State of Colorado. AY~INNI~II~~~~l~~^~ 8'86++~6~,++ . + .. y • • MOVED, READ AND ADOPTED, by the Board of County Commissioners of the unty of Eagle, State of Colorado, at its regulaz meeting held the day of 2003. ~ ', COUNTY OF EAGLE, STATE OF COLORADO, is=,~ and through its BOARD OF 1GOTNTY COIVIlVIISSI Commissioner ~ seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Gallagher ~ . Commissioner Menconi Commissioner Stone This Resolution passed by ~ vote of the Boazd of County Commissioners of the County of Eagle, State of Colorado. INMNIVI~~~InIIIHI~~N,IVI~I~NINI.38„26 .. ~~ ~ ~~ • • Coordinated Electioa Iatergoverameatal Agreement This Agreement is made and entered into this day of 2003, by and between Eagle County and (hereinafter referred to as "Political Subdivision"), concerning the administration and the conduct of the November 4, 2003 Coordinated Polling Place Election. In consideration of the benefits and promises contained herein, and subject to the terms and conditions as are hereinafter set forth, the parties agree as follows: Coordinated and Designated Election Officials Except as otherwise provided in this Section, the County Clerk shall act as the Coordinated Election Official for the conduct of the Election for the Political Subdivision for all matters in the Uniform Election Code which require action by the Coordinated Election Official. The Political Subdivision shall name a "Designated Election Official" who shall act as the primary liaison between the Political Subdivision and the County Clerk and who will have responsibility for the conduct of the election procedures to be handled by the Political Subdivision. Nothing herein shall be deemed or construed to relieve the County Clerk or the Governing Body of the Political Subdivision from their official responsibilities for the conduct of the Election. ~'urisdictioaal Limitation a This agreement shall apply only to the portion of the Political ~: Subdivision within the boundaries of Eagle County. ~~~a ~N o ~ m Costs ii/ r'~! N ~ ~ ~;~ The County Clerk shall keep a careful and accurate accounting of all ~ a a chargeable items to the Political Subdivision and shall submit to the a Political Subdivision, a statement of charges (for costs incurred by the ~ County and not billed directly to the Political Subdivision by an outside ~ vendor) within thirty work days following the date of the Election. Costs shall include but are not limited to: election judges and other associated e personnel, ballots and related election forms, printing, election supplies, a legal notices paid for by the County, postage, rental charges, software ~`" updates, related computer hardware and technical support. ~ The County Clerk shall charge each Political Subdivision taking part in ~.m the Coordinated Election on a prorated basis based primarily on the number of ~~, ballot issues and/or items to be included on the ballot for each Political ~ W Subdivision. In the event that additional costs are incurred, the Political ~o Subdivision promulgating such costs will be charged accordingly. ~_ c ~ a The Political Subdivision shall remit all payments due to the County ~ ~ upon receipt of an itemized statement. - Y ro ~ Call and Notice The Political Subdivision shall publish all legal notices relative to the Political Subdivision's election. The County Clerk will publish one notice required by 1-5-205 of the Uniform Election Code in the Eagle Valley EXHIBIT • Enterprise and the Roaring Fork Sunday. Petitions: Preparation and verification I I~II~I I~I~~A111ll~~l~ 8~86»Z+6 w The petition process for the Political Subdivision shall be entirely the responsibility of the Political Subdivision, and shall be done in compliance with applicable Colorado statutes, ordinances or charter provisions. This process includes, but is not limited to, approving the candidate or initiative petitions to be circulated within the Political. Subdivision, receiving the petitions, and verifying the signatures on the petitions. Ballot Certification The Political Subdivision is responsible for furnishing the text of thel ballot to the County Clerk at least 55 days before the Election (September, 10, 2003)in final written form and on an IBM DOS formatted 3 1/2 inch Double Density or High Density floppy disk. Appendix A further specifies all format requirements. Disks not meeting these requirements will be subject to additional fees. The Political Subdivision 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 lower case except as is dictated by law (e.g., TABOR Amendment). The Political Subdivision has responsibility to proofread and approve the layout and text of the official ballots before the County Clerk will authorize printing of the ballots. From the time of receipt of the ballot proof, the Political Subdivision has 24 hours to proofread, correct if necessary, sign and return the proof to the County Clerk and its failure to disapprove and correct errors within that time shall constitute an approval of the ballot proof. Preparation of Voter Lists All lists shall be provided to the Political Subdivision when) specifically requested by the Political Subdivision in writing and in accordance with 1-5-304 of the Uniform Election Code. Tabor Notice Each Political Subdivision shall determine the order of the ballot issues for their Political Subdivision in accordance with the requirements of Article X, Section 20 of the Colorado Constitution. Each Political Subdivision shall provide an opportunity for all comments concerning ballot issues to be summarized as required by Article X, Section 20 of the Colorado Constitution. The Designated Election official shall transmit the summaries and any other required material to the Coordinated Election Official no later than 42 days before the Election (September 23, 2003)in final written form and on an IBM DOS formatted 3 1/2 inch Double Density or High Density floppy disk. Appendix A further • specifies all format requirements. Disks not meeting these requirements will be subject to additional fees and may be rejected by the County Clerk in the event they can not be reformatted. The County Clerk shall be responsible for mailing the notice required by Article X, Section 20(3)(b) in the most cost effective manner feasible to all Eagle County residents. The Political Subdivision is responsible for supplying mailing labels to the County Clerk for all eligible electors residing outside of Eagle County prior to the deadline for mailing said notice. The County Clerk shall charge each Political Subdivision for costs relating to the Tabor Notice on a prorated basis based on the number of ballot issues and/or items to be included in said notice for each Political Subdivision. In the event that additional costs are incurred, the Political Subdivision promulgating such costs will be charged accordingly. Property Owner Lists The Political Subdivision shall acquire the property ownership list referred to in 1.5.304 CRS from the Assessor. The cost of the list is provided by statue and shall be paid directly to the Assessor by the, Political Subdivision. The Political Subdivision's staff shall be solely' responsible for any work required on the Assessor's list and may contact the County Clerk if access to voter registration records is required. Not. later than September 29, 2003, the Political Subdivision will submit to the County Clerk a complete set of mailing labels to those property owners within their boundaries who meet the requirements to receive a ballot. The Clerk shall mail the appropriate ballot to those for whom a label is received. Street Locator List Appendix C to this Agreement is a copy of the Street Locator List for The Political Subdivision. It is the responsibility of The Political Subdivision to review the list and correct any errors. An Affidavit of Completion must accompany the returned list; be signed by the Designated Election Official for The Political Subdivision and returned with the signed Intergovernmental Agreement by September 5, 2003 at 4:00 p.m. Appoiatmeat aad Traiaiag of Election Judges All Election Judges shall be appointed and trained by the County Clerk. In the event that additional Judges are needed, the Political Subdivision will be required to provide one individual to serve in that capacity. Testiag aad Tabulatioa Processes relating to the tabulation of ballots shall be the responsibility of the County Clerk. An unofficial abstract of votes will be provided to the Political Subdivision upon completion of the counting of all ballots. canvass of votes $3$626 Page: 5 of 8 06/30/2003 04:09P Teak J Simonton Eagle, CO 370 R 0.00 D 0.00 • • The Canvass of votes will be conducted by the Board of Canvassers appointed by the County Clerk. Such canvass will be completed no later than eight days after the Election and official results of the canvass will be provided to all Political Subdivisions participating in the Election. Any additional Certificates of Election which are required by law to be forwarded to another .division of government shall be the responsibility of the Political Subdivision. Iademaification The Political Subdivision agrees to indemnify, defend and hold harmless the County, its officers and employees, from any and all losses, costs, demands or actions, arising out of or related to any actions, errors or omissions of the Political Subdivision in completing its responsibilities relating to the Election and related tasks. Caacellatioa In the event the Election is canceled by the Political Subdivision after the signing of this Agreement and on or before the day of the Election, the Political Subdivision shall be responsible for all expenses incurred on behalf of the Political Subdivision to the date that notice was received by the County Clerk together with all expenses incurred thereafter which could. not be avoided by reasonable effort. Time is of the Esseace The statutory time requirements of the Uniform Election Code and the time requirements set by the Secretary of State in the Rules and Regulations Governing Election Procedures shall apply to the completion of the tasks required by this Agreement. In witness whereof, the Parties hereto have executed this Agreement to be effective the day of 2003. Designated Election Official for Michael L. Gallagher, Chairman Attest - Teak J. Simonton County Clerk & Recorder iiNiii~uMiNiiih~~pi~~~ni~~un~,38~z~ ~. ~, Appendix A Coordinated Election Intergovernmental Agreement DISKS Disks must be formatted with IBM DOS 3.0 or higher. All disks submitted must be 3 1/2 inch Double Density or High Density. SOFTWARE WordPerfect 4.1, 4.2, 5.x, 6.x Word 2.0, 3.x, 5.x, 6.x MS-DOS Text (ASCII file) FONTS All fonts must be 10 pt. Only the following fonts will bey, accepted: Arial Century Gothic Universe Courier MARGINS Set margins so that text appears in an area measuring 5" x 8". Sides @ 1.75, top and bottom @ 1.5) . SPACING All text must have single line spacing. TEXT For TABOR Notice, all ballot issue text must be in CAPITAL LETTERS. Pro/Con statements themselves may appear in upper and lower case. TABLES/COLUMNS Do not use tables or oolumas is settiag up files. These are difficult to reformat and often require type size adjustments. USE TABS to put information in rows and/or columns. PRINT OUT A hard copy must be submitted with the disk and the file •name clearly noted on first page. LABELING The disk must be labeled as follows: (example) Political Subdivision Name Contact Name & Phone Number Word-processing Software and Version File Name(s) I II ~II ~~III VIII~IIII I~ 8'86..2,6 er Se~Td~T~TI"CIC~~~UOUS~ .~_ ~ '~ l~ppeadix 8 ELECTION ~'aT•m*t*~AR FOR November 4, 2003 iTATED Polliag Place ELECTION July 28, 2003 Last day to notify County Clerk for coordinated election -1-7-116(5) September 5, 2003 Intergovernmental Agreement due in County Clerk's office - CRS 1-7-116 September 10, 2003 Certify ballot content to County Clerk CRS 1-5-203(1) September 12, 2003 County Clerk will send ballot language to designated election official for final review and approval September 15, 2003 2:00 p.m. September 23, 2003 October 3, 2003 October 6, 2003 October 20, 2003 October 24, 2003 October 31, 2003 October 31, 2003 November 4, 2003 November 11, 2003 Designated election official must deliver corrections or approvals to County Clerk Transmittal of Tabor Notice Summary to County Clerk - CRS 1-7-904 Deadline for mailing Tabor Notice Article X, Section 20(3)(b) Last day to register to vote for the General Election - CRS 1-2-201 Early voting begins at Eagle County building and E1 Jebel office Notice of Election will be published Last day to apply for absentee ballots Last day for early voting Election day- All absentee ballots must be received by 7:00 p.m. Complete Canvass of Ballots - CR5 1-10-102 November 19, 2003 Last day for County Clerk to notify Political subdivisions of election results (immediately after official abstract of votes is certified) 1-10-102 ~II III III ~~~~I tl P~ ~ ~~ 838626 ex