HomeMy WebLinkAboutResolution 2013-0030TITLE:
RESOLUTION NO. 30-2013
SERIES of 2013
RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS
TO EXECUTE AN "INTERGOVERNMENTAL AGREEMENT" BY AND
BETWEEN THE COUNTY OF JEFFERSON, STATE OF COLORADO,
AND THE CITY OF WHEAT RIDGE, COLORADO, REGARDING THE
PRODUCTION OF A MAILED NOTICE CONCERNING BALLOT
ISSUES. (TABOR)
WHEREAS, pursuant to Section 29-1-203, C.R.S., as amended, the
County and the City of Wheat Ridge may cooperate or contract with each other to
provide any function or service lawfully authorized to each; and
WHEREAS, Article X, Section 20(3)(b) of the Colorado Constitution
("TABOR") and Section 1-7-901 , et seq, C.R.S. require the production of a mailed
notice ("Notice") concerning Ballot Issues as defined in the Uniform Election Code of
1992, Title I, C.R.S., as amended (the "Code") that will be submitted to eligible voters
of the City of Wheat Ridge in connection with the general election to be held on
November 5, 2013 (the "Election"); and
WHEREAS. TABOR requires that notices containing Election ballot issues
of multiple jurisdictions be sent as a package where such jurisdictions overlap (the
"Notice Package"); and
WHEREAS, the Parties desire to set forth their respective responsibilities
for production and mailing of the Notice Package in connection with the Election.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Wheat Ridge that the appropriate City Officials are hereby authorized to execute the
Intergovernmental Agreement by and between the City of Wheat Ridge and the County
of Jefferson regarding the administration of the parties' respective duties concerning the
requirement of a mailed notice concerning Tabor Issues.
DONE AND RESOLVED on this 261h day of August 2013. , j
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ATTEST:
nelle Shaver, City Clerk
EXHIBIT A
Intergovernmental Agreement dated August 26, 2013
INTERGOVERNMENTAL AGREEMENT
THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is made and entered into
this ..26th day of .AlJ.g.. 2013. by and between the CLERK & RECORDER FOR THE COUNTY
OF JEFFERSON, STATE OF COLORADO ("County Clerk") and City of Wheat Ridge
("Jurisdiction"), collectively referred to as the "Parties," for the administration of their respective
duties concerning the mailing of notices relating to the Jurisdiction's election to be held on November
5, 2013 ("Election").
WITNESSETH
WHEREAS, pursuant to Section 29-1-203. C.R.S., as amended, the County and the
Jurisdiction may cooperate or contract with each other to provide any function or service lawfully
authorized to each; and
WHEREAS, Article X, Section 20(3)(b) of the Colorado Constitution ("TABOR") and
Section 1-7-901, et seq, C.R.S. require the production of a mailed notice ("Notice") concerning Ballot
Issues as defined in the Uniform Election Code of 1992, Title 1, C.R.S., as amended (the "Code") that
will be submitted to eligible voters of the Jurisdiction; and
WHEREAS, the Notices of several jurisdictions are to be sent as a package where such
jurisdictions overlap ("Notice Package"); and
WHEREAS, the County Clerk and the Jurisdiction desire to set forth their respective
responsibilities in the production and mailing of the Notice Package in connection with the Election.
NOW, THEREFORE, for and in consideration of the promises herein contained, the
sufficiency of which is hereby acknowledged, the Parties hereto agree as follows:
ARTICLE I
PURPOSE AND GENERAL MATTERS
1.01 Goal. The purpose of this Agreement is to set forth the tasks to be completed
by the County Clerk and the Jurisdiction to produce and mail the Notice Package for the Election.
Nothing contained in this Agreement is intended to expand the duties of the County Clerk beyond
those duties set forth in the Code or the current Rules and Regulations Governing Election Procedures
adopted by the Secretary of State as amended (the "Rules").
1.02 Coordinated Election Official. The County Clerk shall act as the
Coordinated Election Official in accordance with the Code and the Rules and as such shall mail the
Notice Package for the Jurisdiction for all matters in the Code and the Rules that require action by the
Coordinated Election Official.
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The County Clerk designates Joshua B. Liss as the "Contact Officer" to act as the
primary liaison between the County Clerk and the Jurisdiction. The Contact Officer shall act under
the authority of the County Clerk and shall have the primary responsibility for the coordination of the
Notice for the Jurisdiction and completion of procedures assigned to the County Clerk hereunder.
Nothing herein shall be deemed or construed to relieve the County Clerk or the Jurisdiction from their
official responsibilities for the Notice.
1.03 Desienated Election Officer. The Jurisdiction designates Janelle Shaver
as its "Election Officer" to act as the primary liaison between the Jurisdiction and the Contact Officer.
The Election Officer shall have primary responsibility for the procedures to be handled by the
Jurisdiction.
1.04 Jurisdictional Limitation. The Jurisdiction encompasses territory within
Jefferson County. This Agreement shall be construed to apply only to that portion of the Jurisdiction
within Jefferson County.
1.05 Term. The tenn of this Agreement shall be from the date of the last party's
execution until December 31, 2013 and shall apply only to the November 5. 2013 election.
ARTICLE II
DUTIES OF THE COUNTY CLERK
2.01 County Clerk Duties. The County Clerk shall perfonn the following duties
for the Notice for the Jurisdiction:
A. Print the Notice exactly as it is submitted by the Jurisdiction.
B. Detennine the order that the Notice from participating jurisdictions shall be
placed in the Notice Package; however, materials supplied by the Jurisdiction shall be kept together
as a group and shall remain in the order submitted by the Jurisdiction.
C. Mail the Notice Package as required by the Code and the Rules. The Notice
shall be produced and mailed by third class standard postage carrier route sort. Nothing herein shall
preclude the County Clerk from sending the Notice or Notice Package to persons other than electors
of the Jurisdiction if such sending arises from the County Clerk's efforts to mail the Notice Package at
"least cost" under the Rules. No other notice shall be mailed. This mail requirement shall constitute
the only Ballot lssue Notice obligation assumed by the County Clerk pursuant to this Agreement.
D. The County Clerk shall print and mail the Notice Package in accordance with
the time deadlines mandated by the Code and the Rules. The County Clerk shall not be responsible
for the failure to meet the Article X, Section 20 constraints if the Notice is not submitted by the
Jurisdiction within the deadlines and fonn required by this Agreement.
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ARTICLE ill
DUTIES OF JURISDICTION
3.01 Jurisdiction Duties. The Jurisdiction shall perfonn the following duties for
the Notice:
A. Provide the County Clerk with a copy of the resolution which states that the
Jurisdiction will participate in the coordinated mailing of the Notice in accordance with the tem1s and
conditions of this Agreement. The resolution shall further authorize the presiding officer ofthe
Jurisdiction or other designated person to execute this Agreement.
B. Draft the Notice for each Ballot Issue. Ballot Questions (as defined in the
Code) are not required by TABOR, the Code or the Rules to appear in the Notice and will be included
at the Jurisdiction's sole discretion. The Notice shall consist of the title, full text, pro and con
summaries each of 500 words or less, the fiscal infonnation required by TABOR, and such other
infonnation as is required by the Code. The Jurisdiction shall have the sole responsibility for drafting
of the Notice in accordance with TABOR. the Code, and the Rules.
C. Submit the Notice to the County Clerk no later than September 24. 2013 at
3:00p.m. in electronic fonnat.
D. Meet all timelines set forth in the Rules and the Code regarding the Notice.
3.02 Cancellation of Election by the Jurisdiction. In the event that the
Jurisdiction resolves not to hold the Election, then notice of such resolution shall be provided to the
County Clerk immediately. The Jurisdiction shall within thirty (30) days promptly pay the County
Clerk the full actual costs of the activities of the County Clerk relating to the Notice, including
without limitation production and mailing costs, incurred both before and after the County Clerk's
receipt of such notice. The Jurisdiction 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 defmed in the Code), and, if the
Jurisdiction is a special district, in the office of the division of local government. The Jurisdiction
shall not cancel the Election after the 25th day prior to the Election.
ARTICLE IV
COSTS
4.01 Payment for Notice of Ballot Issues. The Jurisdiction shall pay a pro-rated
amount for the costs to produce and mail the Notice. Such pro-ration shall be made based upon the
percentage of households in which an "Active" registered voter resides who is an eligible elector of
the Jurisdiction, the number of Ballot Issues, and the number of pages and partial pages used within
the Notice Package for the Jurisdiction's Notice, in accordance with the fonnula attached as Exhibit
"A". A special district's pro-rated payment will be based upon the total number of households within
Jefferson County and not merely the number of households within the district. In addition, the
Jurisdiction shall pay One Hundred Dollars ($1 00.00) for each Ballot Issue included in the Notice
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Package and Fifty Dollars ($50.00) for each page and partial page on which Jurisdiction's Notice
appears.
4.02 Payment for Notice of Ballot Questions. ln addition to the payment set forth
in 4.01. the Jurisdiction shall pay Two Hundred Dollars ($200.00) for each Ballot Question included
in the Notice Package. If inclusion of the Ballot Question(s) increases the cost to produce and/or mail
the Notice Package, the Jurisdiction shall also pay for a pro-rated amount based upon the total
number of Ballot Questions submitted by aJJ jurisdictions.
4.03 Invoice. The County shall submit to the Jurisdiction an invoice for all
expenses incurred under this Agreement and the Jurisdiction shall remit to the County the total
payment upon receipt of such invoice. Any amount not paid within thirty (30) days after the date of
the invoice will be subject to late interest at the Jesser of the rate of I Y:t% per month or the highest
rate permitted by applicable law.
ARTICLE V
MISCELLANEOUS
5.01 Notices. Any and all notices required to be given to the Parties by this
Agreement are deemed to have been received and to be effective: (I) three (3) days after the same
shall have been mailed by certified mail, return receipt requested; (2) immediately upon hand
delivery; or (3) immediately upon receipt of confirmation that a fax was received: to the address of
the Parties as set forth below or to such Party or addresses as may be designated hereafter in writing.
To County Clerk:
with a copy to:
To Jurisdiction:
Pamela Y. Anderson
Jefferson County Clerk and Recorder
Jefferson County Government Center
I 00 Jefferson County Parkway
Golden, Colorado 80419
Jefferson County Attorney
Jefferson County Government Center
I 00 Jefferson County Parkway
Golden, Colorado 80419
City of Wheat Ridge
City Clerk's Office
7500 W 29th Avenue
Wheat Ridge, CO 80033
5.02 Amendment. This Agreement may be amended only in writing and following
the same formality as the execution of this Agreement.
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5.03 Intet!;ration. The Parties acknowledge that this Agreement constitutes the sole
agreement between them relating to the subject matter hereof and that no Party is relying upon any
oral representation made by another Party or employee. agent or officer of that Party.
5.04 Indemnification. To the extent permitted by law, each party agrees to
indemnify, defend and hold harmless the other party, its agents, officers and employees from any and
all losses, costs (including attorney's fees and court costs), demands or actions arising out of or related
to any actions. errors or om iss ions relating to the duties and responsibi I ities of the indemnifying party
in the conduct of the Election.
5.05 Conflict of A~reement with Law, Impairment. In the event that any
provision in this Agreement conflicts with the Code, other statute or valid prior resolution duly
adopted by the governing body of the Jurisdiction, this Agreement shall be modified to conform to
such law or resolution. No subsequent resolution of the governing body of the Jurisdiction shall
impair the rights of the County Clerk or the Jurisdiction hereunder without the consent of the other
party to this Agreement.
5.06 Time of Essence. Time is of the essence of this Agreement. The statutory
time requirements of the Code shall apply to completion of the tasks required by this Agreement.
IN WITNESS WHEREOF, the Parties hereto have signed this Agreement.
ATTEST:
APPROVED AS TO FORM:
David R. Wunderlich
Assistant County Attorney
ATTEST:
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CLERK AND RECORDER OF THE
COUNTY OF JEFFERSON
STATE OF COLORADO
By ______________________ _
Pamela Y. Anderson
Date --------------------
JURISDICTION:
5
EXHIBIT "A"
EXAMPLE ONLY OF HOW THlS FORMULA WILL BE APPLIED. For purposes of this
example, this sheet illustrates how a TABOR mailing costing $50,000 would be apportioned.
Jurisdiction
A
B c
D
% Households
40
0 (Spec. Dist. Forming)
35
20
Jurisdiction pays base cost of $1 00 per issue and $50 per page and partial page used:
Jurisdiction
A
B c
0
#Issues
l @$ 100
5 @$ 500
2 @$ 200
3 @$ 300
$1100
Total cost ofTABOR mailing $50,000
-$2600 Base Cost
$47,400
Pages Used
12 @$ 600
6 @$ 300
6 @$ 300
6 @$ 300
$1500
#Issues
I
5
2
3
Base Cost
$700
$800
$500
$600
$2600
Determine weighted average factors by multiplying the percentage of registered voter households by
the number of issues:
Jurisdiction % Households X # Issues
A 40 1
B 0 5
c 35 2
D 20 3
$47,400 left to apportion by utilizing weighting factors:
Jurisdiction
A
B
c
0
JURISDICTION TOTAL COST:
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40 divided by 170 x $4 7.400
0 divided by 170 x $47,400
70 divided by 170 x $47,400
60 divided by 170 x $4 7,400
=
=
=
=
=
40
0
70
60
170
$11,152.94
0
$19,517.65
$16,729.41
$47,400.00
6
Jurisdiction Base + Weighted Share = Jurisdiction Cost
Share Total
A $700 $11,152.94 $1 I ,852.94
B $800 0 $ 800.00 c $500 $19.517.65 $20,017.65
D $600 ~16,729.41 $17,329.41
$2600 $47,400.00 $50,000.00
M ElccuonfEiecuonffaboriExh•bll A for IGAs doc Rev1sed 8125103
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