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HomeMy WebLinkAboutbocc.res.115.2005 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, CONVENED AS THE BOARD OF DIRECTORS OF THE TWINING FLATS ROAD GENERAL IMPROVEMENT DISTRICT, APPROVING A LETTER OF AGREEMENT FOR A CONSOLIDATED ELECTION Resolution #05-/'/~ Recitals The Twining Flats Road General Improvement District desires to place an issue on the ballot for the November 1, 2005 Coordinated Election. The Pitkin County Clerk and Recorder requires a Letter of Agreement for participants in a Consolidated Election. The Letter of Agreement sets forth the responsibilities of the District in connection with the Consolidated Election. THEREFORE BE IT RESOLVED, that the Board of County Commissioners of Pitkin County, Colorado,, convened as the Board of Directors of the Twining Flats Road General Improvement District, does hereby approve the attached Letter of Agreement concerning the Consolidated Election and authorizes the Chair to sign the Letter of Agreement. ADOPTED ON THE l0th DAY OF AUGUST, 2005. ATTEST: D ,~¢uty Clerk BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By: ~ Patti Kay CIapper,~hair~ APPROVED AS TO FORM: County Iglfinager County Attomey / Pitkin Count Clerk&Becord¢ 530E. Main Street #101 Aspen, ColoradoSI611 (970) 920-5180 f~x(970) 920-5196 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 (pdnt or type'name of district exactly as it should appear on the ballot) in Pitkin County (hereinafter referred to as "District") and shall be signed and returned to the County Clerk and Recorder no later than August 23, 2005 by 4:30 P.M. PURPOSE. Pursuant to the terms of this agreement, the County Clerk and District agree to the scheduling of a November 1, 2005 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. 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. DESIGNATION OF OFFICIALS. The County Clerk and Recorder shall serve as the Coordinated Election Oir'ficial for all political subdivisions involved in this coordinated election. The County Clerk will designate Bryce Buttermore (429-2709) (bryceb@co.pitkin.co. us) as the "Contact. Officer" 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 the primary responsibility for the conduct of election procedures to be handled by the Distdct and who shall act as the pdmary liaison between the Distdct and the Contact Officer. To the extent that the Code requires, this person is the District's "designated election official". The District designates [ 0 YIq 0 kP__. Y~ (one name only). phone number: C~ ~ _ ..5'~C~. ' fax number: e-mail addmss!'5~-Ov~ 0 ~ ~. ~',~ ~,~ailing address:~ as the Election Officer G:~elections~iga\iga05.doc 3_ PRECINCTS & POLLING PLACE LOCATION,~I 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 (1-5-106). APPOINTMENT OF ELECTION JUDGES. All Election Judges shall be appointed and trained by the County Clerk. Should the County Clerk experience ashortage of election judges, the District shall assist in securing election judges LEGAL NOTICES. The county shall assume responsibility for the Notice of Election pursuant to 1-5-205 required no later than ten days prior to the election. It Will appear in the Aspen Times Weekly. Any other legal notice or notification that is required to be given to the electorate of the district according to statute governing that election shall be the responsibility of the District. (A sample of "Notice of Election" is included in the IGA packet) 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, but is not limited to, approving the candidate or initiative petitions to be circulated within the District; delivering the petitions; receiving the petitions; and verifying the signatures on the petiti'ons within the District. BALLOT CONTENTS. In accordance with Colorado law, the ballot contents must be certified to th.e County Clerk by the District, in its exact and final form, no later than 4:30 p.m. on September 2, 2005. Please adhere to the following specifications in your submission: Font should be Arial, size 10 Provide a hard copy and Either an e-mail to us or provide on a CD or 3 ~" disc in Microsoft Word 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 offices and the order of the names to appear for each office. For questions and issues, specify the ballot language title, and the order of the questions and issues. (The packet includes rules and statutes currently in effect regarding the order.) Wording shall be in upper and lower case except those questions covered under Section 20 of Article X of the Colorado Constitution that must be in upper case only. The district shall designate whicl~ questions shall be in upper and lower case and which questions shall be in upper case only. Your attorney can aid in this determination. The District has responsibility to proof and approve the layout and text of the sample/official ballots before the County Clerk authorizes th~ printing of the ballots. From time of receipt of proof, the District has 24 hours to proof, siqn and r, etum to the County Clerk. ELECTION PREPARATION. The County Clerk reserves the right to request general assistance from the Distdct staff for election preparation. 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. G:\elections~iga\iga05.doc 2 10. RECEIVING OF WRITTEN COMMENTS AS COVERED BY SECTION 20 OF ARTICLE X OF 11. THE COLORADO CONSTITUTION (for creation of the "Tabor Notice"). The process o1: receiving written comments, including petition representative's summary of comments, and summarizing the comments in favor of or in opposition to the district's question, as required by Section 20 of Article X of the Colorado Constitution, shall be solely the responsibility of the District. PREPARATION AND MAILING OF NOTICES FOR ANY BALLOT ISSUE ELECTION AS REQUIRED BY SECTION 20 OF ARTICLEX OF THE COLORADO CONSTITUTION. The 12. 13. 14. 15. 16. Distdct shall certify a final and exact summary of comments concerning its ballot issues to the County Clerk no later than 42 days before the election (3:00 p.m. September 20, 2005) for inclusion in the ballot issue notice mailing. Please adhere to the following specifications in your submission: 1. Font should be Arial, size 10, upper and lower case wherever possible to facilitate reading. Provide a hard copy and 3. Either an e-mail to us or provide on a CD or 3 ~" disc in Microsoft Word The exact form is shown in an enclosed sample of a Tabor Notice and strict adherence to the format for your particular type of question is mandatory. Time is very limited for us to prepare this notice. 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 Colorado statutes. CONDUCT OF THE COORDINATED ELECTION. The County Clerk shall be responsible for the conduct o~ the Coordinated Election. The Coordinated Election shall be conducted under the provision of CRS Title I. ABSENTEE AND REPLACEMENT BALLOTS. All requests for absentee ballots shall be transmitted to and processed by the County Clerk at 530 E Main St #101, Aspen, COl 816111 (970) 920-5180. The County Clerk shall provide some application forms to the Districts. All completed application forms must be returned by the applicant to the County Clerk, 530 E Main St #101, Aspen, CO 81611. ~ AFFIDAVITS AND BALLOTS. 'This sectidn DOES NOT pedain 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 in Colorado, the affidavits (sample enclosed) and ballots shall be available only at the coordinated election official's office (i.e. the clerk and recorder's office). PREPARATION FOR ELECTION DAY: The County Clerk shall be responsible for preparing and printing the sample/absentee/official ballots for the Coordinated Election. The County Clerk shall also be responsible for providihg, preparing and delivering voting equipment and supplies to all polling place locations. TEST DECK. The Clerk and Recorder and one representative from the Democratic Party and one representative from the Republican Party will be present for the testing of each counting G:~elections~iga~iga05.doc 3 17. 18. 19. ¸23. 20. 21. 22. machine. If it so chooses, theDistrict may provide a representative to witness and initial the results of the test deck. The testing of each counting machine is run pdor to the election. TABULATION OF BALLOTS. All processes relating to the tabulation of ballots shall be the responsibility of the County Clerk. The Distdct may designate one representative to observe the counting of the ballots at the counting location. Results from each precinct may be sent back via phone lines. The bnofficial results will be provided to the District, upon completion of the counting of ballots on election night, if ~ou so request. Please be advised that the use of provisional ballots will delay the final, official results until approximately 10 days after the election. 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 its own Certificates of Election of candidates referred to in C.R.S. 1-11-103. CANCELLATION. In the event the election is canceled before Election Day, the District shall be responsible for its prorated ~h~re of election expenses incurred to date of receipt of written notification of cancellation by the County Clerk. ~ STORAGE OF RECORDS. The County Clerk shall store all materials required by the Election Code for 25 months. 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 tl~e requirements and procedures of the Colorado Election Code for this Coordinated Election. 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 and the number of inches required on the ballot or ballot issue notice. There shall be a minimum charge for participation in the election of $600, and Jn no event shall any distdct pay less than $600. 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, ballots, printing, legal notices paid for by the County, postage, rental charges. 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 desci-ibed in this agreement. G:\elections~Jga\iga05.doc THIS LETTER OF AGREEMENT executed by the parties hereto as of the dates and year written below. PITKIN COUNTY CLERK & RECORDER Silvia Davis APPROVED AS TO FORM: Joh~ Je D~ ette Jones Jty Clerk and ecorder DISTRICT NAME 0 / ATTEST: By:, Secretary G:\elections~ig a\iga05.doc 5