HomeMy WebLinkAboutResolution-1998-1675
RESOLUTION NO. 1675
Series of 1998
TITLE:
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, CONCERNING THE
MAILING OF NOTICES RELATING TO THE CITY OF WHEAT
RIDGE'S ELECTION TO BE HELD ON NOVEMBER 3,1998.
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 provlde any function or
service lawfully authonzed to each. and
WHEREAS, Article X, SectIOn 20(3)(b) of the Colorado Constltutlon
("TABOR") and SectIOn 1-7-90 I, et seq, C.R.S required the production of a mailed notice
("Notice") concernmg Ballot Issues as defined m the Uniform Election Code of 1992, Title J,
C R.S., as amended (the "Code") that will be submJtted to eligible voters of the City of Wheat
Ridge; and
WHEREAS, the Notices of several junsdlctlOns are to be sent as a package where
suchjunsdictions overlap ("Notice Package"); and
WHEREAS, the County Clerk and the City of Wheat Ridge deSire to set forth
their respectlve responsibihties m the 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 appropnate City Officials are hereby authonzed to execute the
Intergovernmental Agreement by and between the City of Wheat Ridge and the County of
Jefferson regarding the mail1l1g of notices relating to the CIty of Wheat Ridge's election to be
held on November 3, 1998 ("Election")..
DONE AND RESOLVED on thiS 10th day of August ,1998
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''''(}~etchen Cerveny, Mayor
ATTEST
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Wanda Sang, City Clerk'
INTERGOVERNMENTAL AGREEMENT
THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is made and
entered into this 10th day otugu~1998, 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 3,1998 ("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 I, 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
Coordmated Election OffiCial in accordance with the Code and the Rules and as such shall mail the
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Notice Package for the JurisdIction for all matters in the Code and the Rules which require action by
the Coordinated Election Official.
The County Clerk designates Catherine Molleck 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 Official. The Jurisdiction designates Wanda Sang, City
Clerk, 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 term of thiS Agreement shall be from the date of the last party's
execution until December 31,1998 and shall apply only to the November 3,1998 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. Determine 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 Issue 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
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for the fmlure to meet the Article X, Section 20 constraints if the Notice is not submitted by the
Jurisdiction wIthin the deadlines and form required by this Agreement.
ARTICLE III
DUTIES OF JURISDICTION
3.01
the Notice.
Jurisdiction Duties. The Jurisdiction shall perform the following duties for
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 terms and
conditions of this Agreement. The resolution shall further authorize the presiding officer of the
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 inc1uded
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 information required by TABOR, and such other
information 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 22, 1998 at
3:00 p.m. in computer diskette format.
D. Meet all timelines set forth in the Rules and the Code regarding the Notice.
3.02 Cancellation of Election bv 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 III 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), and, if the
Jurisdiction is a special district, in the office of the division of 10cal 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
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the Jurisdiction, the number of Ballot Issues, and the number of pages and partial pages used withm
the Notice Package for the Jurisdiction's Notice, in accordance with the formula attached as Exhibit
"A". A specIal distnct'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 ($100.00) for each Ballot Issue included in the Notice
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. In 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 all 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.
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:
Joan Fitz-Gerald
Jefferson County Clerk and Recorder
Jefferson County Government Center
100 Jefferson County Parkway
Golden, Colorado 80419
with a copy to
Jefferson County Attorney
Jefferson County Government Center
100 Jefferson County Parkway
Golden, Colorado 80419
To JurisdictIOn:
City of Wheat Ridge
7500 W. 29th Avenue
Wheat Ridge, Colorado 80215
Attn: Wanda Sang, City Clerk
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5.02 Amendment. This Agreement may be amended only m writmg and following
the same formality as the execution of this Agreement.
5.03 Integration. 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 perrmtted 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 omissions relating to the duties and responsibilities of the indemnifying party
in the conduct of the Election.
5.05 Conflict of Agreement 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 Junsdlction 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-
CLERK AND RECORDER OF THE
COUNTY OF JEFFERSON
ST ATE OF COLORADO
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By ~ ~~:~
JoafFitz-Geral 1 /../
Date f, 1717()
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ATTEST:
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APPROVED AS TO FORM:
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Jean L. ar~
Assistant County Attorney
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JURISDICTION
CITY OF WHEAT RIDGE
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