08-24-2004 COORDINATED ELECTION INTERGOVERNMENTAL AGREEMENTC. 3 e - C'
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Coordinated Election
Intergovernmental Agreement
T is Agreement is made and entered into this o~q-r~ day of
au Y15 2004, by and between Eagle County and Town of Avon (hereinafter
re rred to as "Political Subdivision"), concerning the administration and
the conduct of the November 2, 2004 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.
Jurisdictional Limitation
This agreement shall apply only to the portion of the Political
Subdivision within the boundaries of Eagle County.
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 thirty work days following the date of the Election. 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 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
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
Subdivision. In the event that additional costs are incurred, the Political
Subdivision promulgating such costs will be charged accordingly.
The Political Subdivision shall remit all payments due to the County
upon receipt of an itemized statement.
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
t
Enterprise and the Valley Journal.
Petitions: Preparation and Verification
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 the
ballot to the County Clerk at least 55 days before the Election (September
08, 2004)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 17, 2004) 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
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event they cannot 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 October 1, the Political Subdivision will submit to the County Clerk a
complete list of property owners within their boundaries who are eligible to
vote.
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 3, 2004 at 4:00 p.m.
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
will 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
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
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to another division of government shall be the responsibility of the
Political Subdivision.
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 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 Essence
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 aLl*b day of Q~ -t 2004.
t4 i4~0
Q-1 rq, I
Des'Jgwn ated Elect,~e Official
fo of Avon
Tom C. S ne Chairman
E ilk,_. s~
x
Attest - Teak J. Simonton` . i a
County Clerk & Recorder n
I
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
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 be accepted:
Arial
Century Gothic
Universe
Courier
MARGINS Set margins so that text appears in an area
measuring 5" x 811. 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 columns in setting 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)
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Appendix B
ELECTION CALENDAR FOR
NOVEMBER 2, 2004
Polling Place Election
July 25, 2004 Last day to notify County Clerk for
coordinated election -1-7-116(5)
September 3, 2004 Intergovernmental Agreement due in County
Clerk's office - CRS 1-7-116
September 08, 2004 Certify ballot content to County Clerk
CRS 1-5-203(1)
September 17, 2004 Transmittal of Tabor Notice Summary to
County Clerk - CRS 1-7-904
September 17, 2004 Last day for the designated election official
to order registration and property owner
records for use by election judges
October 1, 2004 The county clerk shall certify and make
available lists ordered by the designated
election official, of the registered electors
of each general election precinct that is
located within the county and is involved in
the election
October 1, 2004
The county assessor shall deliver a list of all
recorded owners of taxable property within the
political subdivision
October 1, 2004
Deadline for mailing Tabor Notice
Article X, Section 20(3)(b)
October 4, 2004
Last day to register to vote for the General
Election - CRS 1-2-201
October 13, 2004
The county clerk shall make available a
supplemental list of the electors who have
become eligible to vote since the earlier list
was certified and county assessor shall make
available the supplemental list or all recorded
owners of real property who have become owners
since the first list was certified.
October 22, 2004
The coordinated election official shall provide
notice by publication of the election in the
Eagle Valley Enterprise and the Valley Journal
October 18, 2004
Early Voting begins in Eagle and E1 Jebel
November 2, 2004
Election Day - Polls open 7:00 AM to 7:00 PM
November 17, 2004
Complete Canvass of Ballots - CRS 1-10-102
Statement of Certification - Street Locator List
Town of Avon
r " c `4 , as Designated Election Official for Town of
Avon, do her by ertify tha,tDlist rovided to the District has been reviewed,
corrections made, and to the y knowl edge I believe it is a true and complete list
of the addresses located within the District.
P'(cl --2) I P&Y/oy
Desi ate Election ffic al for Date
Tow Avon
Date:07/29/04 EAGLE COUNTY Page: 1 . f
PUBLIC DISTRIBUTION Street List / Street Name Order (mpstdst1 v03O528)
07-AVO CITY OF AVON
Range O/E
From To Ind Dir Street Name Type Dir City Zip Pct.
182
182
B
AVON
RD
AVON
81620
2085619015-02
2605
2690
B
BEARTRAP
RD
AVON
81620
2085619019-01
137
137
B
BENCHMARK
RD
AVON
81620
2085619015-02
320
350
B
BENCHMARK
RD
AVON
81620
2085619015-02
352
680
B
BENCHMARK
RD
AVON
81620
2085619015-02
57
147
B
BLUEFLAX
AVON
81620
2085619015-02
110
130
B
BUCK CREEK
RD
AVON
81620
2085619015-02
47
142
B
E
BVR CRK
BLVD
AVON
81620
2085619015-02
9
815
B
W
BVR CRK
BLVD
AVON
81620
2085619015-02
816
816
B
W
BVR CRK
BLVD
AVON
81620
2085619015-02
817
900
B
W
BVR CRK
BLVD
AVON
81620
2085619015-02
901
901
B
W
BVR CRK
BLVD
AVON
81620
2085619015-02
902
972
B
W
BVR CRK
BLVD
AVON
81620
2085619015-02
973
1062
B
W
BVR CRK
BLVD
AVON
81620
2085619018-12
760
760
B
BVR CRK
BLVD
AVON
81620
2085619015-02
1
900
B
BVR CRK
PL
AVON
81620
2085619015-02
2001
2080
B
BVR CRK
PT
AVON
81620
2085619019-01
240
240
B
CHAPEL
PL
AVON
81620
2085619015-02
966
966
B
CHIMING BELLS
AVON
81620
2085619015-02
5501
5591
B
COYOTE RIDGE
RD
AVON
81620
2085619019-01
2403
2492
B
DRAW SPUR
AVON
81620
2085619019-01
2000
2999
B
EAGLEBEND
DR
AVON
81620
2085619015-01
3000
5415
B
EAGLEBEND
DR
AVON
81620
2085619015-04
5300
5391
B
FERRET
LN
AVON
81620
2085619019-01
4500
4590
B
FLAT POINT
AVON
81620
2085619019-01
2323
2394
B
FOX
LN
AVON
81620
2085619019-01
76
162
B
GOLDEN ROD
AVON
81620
2085619015-02
18
145
B
GROUND PLUM
AVON
81620
2085619015-02
15
1900
B
HURD
LN
AVON
81620
2085619015-02
1910
1990
B
HURD
LN
AVON
81620
2085619015-02
37000
37643
B
HWY 6
AVON
81620
2085619029-22
38390
38595
B
HWY 6
AVON
81620
2085619018-05
44
48
B
JASMINE
AVON
81620
2085619015-02
2900
2967
B
W
JUNE CREEK
TRL
AVON
81620
2085619019-01
4313
4391
B
JUNE POINT
AVON
81620
2085619019-01
2820
2825
B
KED SPUR
LN
AVON
81620
2085619019-01
4142
4192
B
LITTLE POINT
AVON
81620
2085619019-01
2100
2200
B
LONG SPUR
RD
AVON
81620
2085619019-01
5100
5196
B
LONGSUN
LN
AVON
81620
2085619019-01
77
511
E
METCALF
RD
AVON
81620
2085619015-01
491
511
0
METCALF
RD
AVON
81620
2085619019-01
75
217
B
MOUNTAIN SAGE
AVON
81620
2085619015-02
218
285
B
MOUNTAIN SAGE
AVON
81620
2085619015-02
4611
4691
B
NORTH POINT
AVON
81620
2085619019-01
101
449,
B
NOTTINGHAM
RD
AVON
81620
2085619015-02
480
529
B
NOTTINGHAM
RD
AVON
81620
2085619015-02
540
809
B
NOTTINGHAM
RD
AVON
81620
2085619015-02
810
950
B
NOTTINGHAM
RD
AVON
81620
2085619019-01
86
86
B
NOTTINGHAM RANCH
RD
AVON
81620
2085619015-01
- Restrictions exist for this streetrange
Date:07/29/04
PUBLIC DISTRIBUTION
Range O/E
From To Ind Dir Street Name
EAGLE COUNTY
Street List / Street Name Order
07-AVO CITY OF AVON
Type Dir City
ip
Page: 2
(mpstdst1 v03O528)
Pct.
160
160
B
NOTTINGHAM RAN
CH RD
AVON
81620
2085619015-01
2100
2800
B
OLD TRAIL
RD
AVON
81620
2085619019-01
2810
2900
B
ONEAL SPUR
AVON
81620
2085619019-01
465
2000
B
PAINTBRUSH
AVON
81620
2085619015-02
18
108
B
PRIMROSE
AVON
81620
2085619015-02
69
104
B
RABBIT BRUSH
AVON
81620
2085619015-02
18
56
B
ROSE CROWN
AVON
81620
2085619015-02
2101
2490
B
SADDLE RIDGE
LOOP
AVON
81620
2085619019-01
2800
2807
B
SHEPHERD RIDGE
RD
AVON
81620
2085619019-01
34
416
B
SHOOTING STAR
AVON
81620
2085619015-02
10
10
B
STONEBRIDGE
DR
AVON
81620
2085619015-04
1
200
B
SUN
RD
AVON
81620
2085619015-02
500
799
B
SWIFT GULCH
RD
AVON
81620
2085619015-02
800
1240
B
SWIFT GULCH
RD
AVON
81620
2085619015-06
48
275
B
WILD ROSE
AVON
81620
2085619015-02
2000
5800
B
WILDRIDGE
RD E
AVON
81620
2085619019-01
4000
4800
B
WILDRIDGE
RD W
AVON
81620
2085619019-01
1000
2005
B W
WILDWOOD
RD
AVON
81620
2085619015-02
293
295
B
WOOD RUSH
AVON
81620
2085619015-02
47
111
B
WOOD VIOLET
AVON
81620
2085619015-02
100
500
B
YODER
AVE
AVON
81620
2085619015-06
- Restrictions exist for this streetrange
MEMO
To: Mayor and Council Members
Thru: Larry Brooks, Town Manager
Jacquie Halburnt, Asst. Town Manager
From: Patty McKenny, Town Clerk
Date: August 19, 2004
Re: Intergovernmental Agreement between Town of Avon & Eagle County for
November 2, 2004 Coordinated Election
Summary:
The November 2, 2004 general election will be administered as a coordinated by the Eagle
County Clerk (Teak Simonton). The attached Intergovernmental Agreement is presented by
Eagle County in regards to the administration and conduct of the November 2, 2004 coordinated
election. This agreement must be submitted to the County at least 60 days before the election,
as required by § 1-7-116(2).
Background: -
The Town of Avon has participated in this type of coordinated election for its municipal election
in the past.
Discussion:
The Agreement addresses the role of the Election Officials, how costs are incurred, the
Preparation & Verification of Petitions, Ballot Certification, Preparation of Voter Lists, and
various other election topics. John Dunn has reviewed the agreement as well.
Financial Implications:
There are financial implications in administrating the election that have been budgeted in the
2004 budget ($5,500).
Recommendation:
Staff recommends approval of the Coordinated Election Intergovernmental Agreement.
Town Manager C mments: