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HomeMy WebLinkAboutR08-079 Execute IGA Political Subdivisionsr Commissioner f ~ moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 08 - _~/~_ RESOLUTION APPROVING THE FORMAT FOR THE 2008 ELECTION INTERGOVERNMENTAL AGREEMENT FOR POLITICAL SUBDIVISIONS AND AUTHORIZING THE CHAIRMAN OF BOARD OF COUNTY COMMISSIONERS TO EXECUTE THE 1NTERGOVERMENALT AGREEMENTS FOR PARTICIPATION 1N THE 2008 GENERAL NOVEMBER ELECTION WHEREAS, C.R.S. §1-7-116 provides for coordinated elections if more than one political subdivision holds on election on the same day in November 2008; and WHEREAS, the Eagle County Clerk and Recorder shall serve as the coordinated election official and shall enter into intergovernmental agreements with the political subdivisions concerning the conduct of said coordinated election; and WHEREAS, to expedite the process of entering into these requisite intergovernmental agreements, the Clerk and Recorder for Eagle County desires to have the format of the same pre- approved bythe Eagle County Board of County Commissioners and to have the Chairman authorized to sign upon receipt by the political subdivisions; and WHEREAS, Eagle County's Board of County Commissioners desires to approve the format of the attached intergovernmental agreement and authorize the Chairman or the Chairman Pro Tem of the Board of County Commissioners to execute such agreements with political subdivisions participating in the November 4, 2008 Coordinated Election. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Eagle County Board of County Commissioners hereby authorizes, approves andlor ratifies the Intergovernmental Agreement for the November 4, 2008 Coordinated Election in a form substantially similar to that attached hereto as Exhibit "A." THAT, the Chairman of the Board of County Commissioners, or in his absence the Chairman Pro Tem, may execute the same upon receipt by the various political subdivisions participating in the November 4, 2008 Coordinated Election. THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the residents of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the ~~day of , 2008. COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its ATTEST: ~ct~ BOARD OF COUNT M I NERS •e By: .~ Clerk to the Board of ~s~®a~a° Peter F. Runyon County Commissioners Chairman .~--- Sara J. Fisher Commissioner - ~ ~ t. Arn M. enconi Commissioner Commissioner seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Menconi Commissioner Fisher Commissioner Runyon This Resolution passed by '~~6 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. Exhibit A Eagle County Intergovernmental Agreement November 4, 2008 Coordinated Election This Agreement is made and entered into this day of , 2008, between Eagle County and (political subdivision) (hereinafter referred to as 'Political Subdivision'), concerning the administration and the conduct of the November 4, 2008 General Election. 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. Jurisdictional Limitation This Agreement shall apply only to the portion of the Political Subdivision within the boundaries of Eagle County. County Clerk Responsibilities The County Clerk shall perform the following services and activities for the Political Subdivision's Election: 1. Determine the `least cost' method for mailing the Ballot Issue Notice (TABOR Notice) packet, and determine the portion of such cost to be applied to the Political Subdivision. 2. Combine the text of the TABOR Notices produced by the Political Subdivision with those of other political subdivisions to produce the TABOR Notice packet. 3. Include in the TABOR Notices mailed to each household where one or more eligible electors reside, voter notification information which will include household address, precinct number, the specific election being noticed and other applicable information. 4. Address the packet to `All Registered Voters' at each address of one or more active registered electors within the Political Subdivision. Nothing herein shall preclude the County Clerk from sending the TABOR Notice to persons other than active electors of the Political Subdivision if such sending arises from the County Clerk's efforts to mail the TABOR Notice packet at `least cost'. - 1 -IGA08.doc 5. Be responsible for placing the TABOR Notices received from the various political subdivisions participating in the election in the proper order in the TABOR Notice packet. As nearly as practicable, the notice shall be in the order the ballot issues will appear on the ballot. 6. Mail the TABOR Notice packet, addressed as required by law, at least 30 days before the Election. 7. Provide the Political Subdivision an itemized statement of the costs for performing the tasks by the County Clerk hereunder no later than 60 working days following the Election. Exercise all reasonable diligence, care and control in providing these services to the Political Subdivision. 8. Give assistance and information to the Designated Election Official of the Political Subdivision on any matter to ensure the smooth and efficient operation of the Election (such information not to include legal advice). 9. Adhere to all applicable provisions of the Colorado Revised Statutes which are necessary or appropriate to the performance of the above duties. Political Subdivision Responsibilities The Political Subdivision shall perform the following services and activities for the Political Subdivision's Election: 1. Identify a `Designated Election Official' to act as liaison between the Political Subdivision and the County Clerk. 2. Determine the ballot issues to be voted upon at the Election. 3. Include, within its Ballot Issue Notice (TABOR Notice), ballot titles in this order of preference: • Citizen Petitions: i. Notice of Election to Increase Taxes ii. Notice of Election to Increase Debt • Referred Measures: i. Notice of Election to Increase Taxes ii. Notice of Election to Increase Debt 4. Determine the ballot title and text. 5. Summarize written comments concerning ballot issues following receipt of such comments from the eligible electors of the Political Subdivision and the public. Such TABOR Notice shall include: • The ballot title, text, and local election office address and telephone number. • Fiscal information to be included in the TABOR Notice. • Written comments concerning ballot issues in accordance with C.R.S. 1-7-901(2) 6. Provide the Political Subdivision's completed TABOR Notice to Teak J. Simonton, County Clerk in the format described in Appendix A. 7. The Political Subdivision shall provide mailing labels for eligible property owners to the County Clerk on or before September 19, 2008 for the mailing of TABOR Notices. (Appendix B) 8. This submission may not be changed by the Political Subdivision following submission to the County Clerk without written approval from the County Clerk (such approval may be withheld for any or no - 2 -IGA08.doc reason), and shall be provided to the County Clerk no later than the 45th day preceding the Election. (Appendix B) 9. Exercise al{ reasonable diligence, care and control in providing these services to the County Clerk. 10. Give assistance and information to the County Clerk on any matter to ensure the smooth and efficient operation of the Election (such information not to include legal advice). 11. Adhere to all applicable provision of the Colorado Revised Statutes which are necessary or appropriate to the performance of the above duties. Costs The County Clerk shall keep a careful and accurate accounting of all chargeable items to the Political Subdivision and shall submit to the 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 sixty (60) work days following the date of the Election (Appendix B). Costs shall include but are not limited to: election judges and other associated personnel, ballots and related election forms, printing, election supplies, legal notices paid for the County, postage, rental charges, technical support, and TABOR Notice printing and mailing. The County Clerk shall charge each Political Subdivision taking part in the Coordinated Election on a prorated basis based primarily on the number of ballot issues, active voters, and/or items to be included on the ballot for each Political Subdivision. In the event that additional costs are incurred, the Political Subdivision promulgating such costs will be charged accordingly. The minimum charge for coordinating the election with the County Clerk shall be $250.00 The Political Subdivision shall remit all payments due to the County upon receipt of an itemized statement. Call and Notice The County Clerk will publish one notice required by 1.5.205 of the Uniform Election Code in the Eagle Valley Enterprise and the Valley Journal no later than 20 days prior to the Election (Appendix B). Petitions: Preparation and Verification The Political Subdivision shall be responsible for the petition process in compliance with applicable Colorado statutes, ordinances, or charter provisions. This process includes, but is not limited to, providing petitions, approving the candidate or initiative petitions to be circulated within the Political Subdivision, and receiving the petitions. - 3 -IGA08.doc The County Clerk shall be responsible for approving the form of petitions and verifying the eligibility of petition signatures. Ballot Certification The Political Subdivision is responsible for furnishing the text of the ballot to the County Clerk at least 60 days before the Election in final written form using the format requirements specified in Appendix A. 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 edit the 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. After final approval of the ballot text the Political Subdivision assumes all responsibility and cost for any judicial proceedings related to any errors within the text of their issue or race on the printed ballots. 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 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 in final written form in accordance with the specifications required in Appendix A. Submissions not meeting these requirements will be rejected by the County Clerk. 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 with targeted mailing to active registered voters in zip codes 81657 and 81658. The Political Subdivision is responsible for supplying mailing labels to the County Clerk for all eligible electors residing outside of Eagle County by September 23, 2008 (Appendix B). - 4 -IGA08.doc 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 (Applies Only to Political Subdivisions Whose Eligible Electors include Property Owners) The Political Subdivision shall acquire the property ownership list referred to in 1.5.304 C.R.S from the Assessor. The cost of the list is provided by statute 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. 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. A Statement of Certification, Appendix D, must be signed by the Designated Election Official for the Political Subdivision and returned to the County Clerk along with any changes to the Street Locator List, accompanied by the signed Intergovernmental Agreement 70 days prior to the Election, August 26, 2008 at 4:00 p.m. (Appendix B) Appointment and Training 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 may be required to provide one individual to serve in that capacity, Testing and Tabulation 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 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 seventeen (17) days after the Election (November 21, 2008) 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. - 5 -IGA08.doc Indemnification 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. Cancellation In the event that the Political Subdivision, after the signing of this Agreement and on or before the day of the Election, resolves not to hold the Election, notice of such resolution shall be provided to the County Clerk immediately. The Political Subdivision shall provide notice by publication (as defined in the Code) of the cancellation of the Election and a copy of the notice shall be posted in the Office of the County Clerk, in the office of the Designated Election Official (as defined in the Code), in the primary building of the Political Subdivision, and, if the Political Subdivision is a special district, in the office of the division of local government. The Political Subdivision shall not cancel the election after the 25th day prior to the Election (Appendix B). The Political Subdivision shall be responsible for all expenses incurred on their behalf 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. All costs incurred or contracted for by the County Clerk to support the Political Subdivision's portion of the TABOR Notice shall be reimbursed by the Political Subdivision. Upon receipt of the invoice the Political Subdivision shall promptly pay the County Clerk the full actual costs of the activities of the County Clerk relating to the Election incurred both before and after the County Clerk's receipt of such notice. Reasonable Care The County and its employees, agents, representatives, or other persons acting under the direction or control of the County shall use reasonable care in carrying out their obligations under this Agreement. Notices Any and all notices required to be given by this Agreement are deemed to have been received and to be effective: • three days after they have been mailed by certified mail, return receipt requested to the address as set forth below; • immediately upon hand delivery to Teak J. Simonton, County Clerk,; or - 6 -IGA08.doc • immediately upon receipt of confirmation that a fax was received; To County Clerk: To Jurisdiction: Time is of the Essence Teak J. Simonton Eagle County Clerk and Recorder 500 Broadway P.O. Box 537 Eagle, CO 81631 Per C.R.S. 1-7-116(2) this Agreement must be signed and returned to Teak J. Simonton, Clerk and Recorder seventy (70) days prior to the Election, August 26, 2008. 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 2008. Designated Election Official For (political subdivision) Chairman Eagle County Board of Commissioners Attest: Teak J. Simonton Clerk and Recorder Date - 7 -IGA08.doc Appendix A Requirements for Formatting Submissions November 4, 2008 Coordinated Election Intergovernmental Agreement Media Compact disk (CD) Email word version 2000 or above attachment Software Word version 2000 or above Text Times New Roman Fonts 10 Margins 1"top and bottom ' 1 /4 sides Spacing Single Do not use tables or columns in setting up files. These are difficult to reformat and Tables/Columns often require type size adjustments. Use tabs to put information in rows and/or columns. Printout A hard copy must be submitted with the electronic version with the file name clearly noted on the first page. Labeling Name of political subdivision and date of election Appendix B Calendar NOVEMBER 4, 2008 General Election While this Calendar may not include all significant dates, some key dates are identified for your reference July 25, 2008 Notify County Clerk if action has been take to participate in the coordinated election C.R.S. 1-7-116(5) August 26, 2008 Intergovernmental Agreement due in County Clerk's office C.R.S. 1-7-116(2) September 5, 2008 Last day for Political Subdivision to submit certified ballot content to the County Clerk. 1-5-203 September 23, 2008 Deliver full text of ballot issue notices to County Clerk C. R.S.1-7-904 September 23, 2008 Deliver mailing labels and postage for eligible out of county voters to County Clerk October 3, 2008 Deadline for mailing Tabor Notice Article X, Section 20 (3) (b) October 6, 2008 Last day to register to vote for the General Election -CRS 1-2-201 November 4, 2008 Election Day -All ballots must be received by 7:00 p.m. November 21, 2008 Complete Canvass of Ballots C.R.S. 1-10-102 Appendix C Eagle County Intergovernmental Agreement November 4, 2008 General Election This Appendix is the Street Locator List for the specific participating District ~ r Appendix D Eagle County Intergovernmental Agreement November 4, 2008 General Election Statement of Certification -Street Locator List I, , as Designated Election Official for , do hereby certify that the Street Locator List provided to the District has been reviewed, corrections made, and to the best of my knowledge I believe it is a true and complete list of the addresses located within the District. Designated Election Official Date for