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HomeMy WebLinkAboutResolution-2002-0019 RESOLUTION NO.---1.9_..=Zill12 SERIES of 2002 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, REGARDING THE PRODUCTION OF A MAILED NOTICE CONCERNING BALLOT ISSUES. (TABOR) WHEREAS, pursuant to Section 29-1-203, C RS , 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 RS require the production of a mailed notice ("Notice") concerning Ballot Issues as defined in the Uniform Election Code of 1992, Title I, C RS , as amended (the "Code") that will be submitted to eligible voters of the City of Wheat Ridge, 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 City of Wheat Ridge desire to set forth their respective responsibilities in 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 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 26th day of _AuQust , 2002 .___//.- '.r-- /' /~I l / ( 'I , fin I . '---.. ! . ~ ,v" -J" '~" -ti. ii f retchen Cerveny, MaYGf-'-- :" , ! , ~ " ATTEST { I ' , wt~~~L~,~~~<Ci~ -' INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") IS made and entered mto this ~ day of 1'u61l(J, 2002, by and between the CLERK & RECORDER FOR THE COUNTY OF JEFFERSON, STATE OF COLORADO ("County Clerk") and CITY OF WHEA T RIDGE, a mumclpal corporatlOn ("JunsdlctIOn"), collectively referred to as the "Parties" WITNESSETH WHEREAS, pursuant to Section 29-1-203, C.R.S., as amended, the County and the JunsdlctlOn may cooperate or contract with each other to provide any function or serVIce lawfully authonzed 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 productlOn of a mailed notlce ("Notice") concernmg Ballot Issues as defined in the Umfonn ElectlOn Code of 1992. Title I, C.R.S , as amended (the "Code") that will be submitted to eligible voters of the JunsdlctIOn. and WHEREAS, the Notices of several JunsdictlOns are to be sent as a package where such JurisdictIons overlap ("Notice Package"), and WHEREAS, the County Clerk and the Junsdrction desire to set forth their respective responsiblllties 10 the production and mallmg of the Notice Package 10 connectIOn with the ElectIOn NOW, THEREFORE. for and 10 cons\(jeratIOn of the promIses herein contallled, the sufficiency of WhICh IS hereby acknow ledged. 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 mall the Notice Package for the ElectIOn Nothmg contallled 10 thiS Agreement IS mtended to expand the dutIes of the County Clerk beyond those duties set forth 10 the Code or the current Rules and RegulatIOns Governlllg ElectlOn 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 III accordance With the Code and the Rules and as such shall mall the Notice Package for the Junsdlctlon for all matters 10 the Code and the Rules whIch reqUIre actlOn by the Coordlllated ElectIOn OffiCial IIGC41DA TAl IGROUPS',.~ nORN EYIOFFIC IAL'.C LK& RCRD\02 .EL ECTION\ WH EA TRIDGE-2 DOC The County Clerk designates Susan Miller as the "Contact Officer" to act as the pnmary halson between the County Clerk and the JunsdlctlOn The Contact Officer shall act under the authonty of the County Clerk and shall have the pnmary responsibility for the coordmatlOn of the NotIce for the JunsdictlOn and completlOn of procedures assigned to the County Clerk hereunder Nothmg herem shall be deemed or construed to relieve the County Clerk or the JunsdlctlOn from theIr officIal responSlblhtles for the NotIce. 1.03 Designated Election Official. The JurisdictlOn designates Wanda Sang as its "ElectIOn Officer" to act as the pnmary hatson between the Junsdlctlon and the Contact Officer The ElectIon Officer shall have primary responsIbility for the procedures to be handled by the Junsdlctlon. 1.04 Jurisdictional Limitation. The JurisdictIon encompasses territory wlthm Jefferson County ThiS Agreement shall be construed to apply only to that portlOn of the JunsdlctlOn withm Jefferson County 1.05 Term. The term of thiS Agreement shall be from the date of the last party's execution until December 31, 2002 and shall apply only to the November 5, 2002 electlOn. ARTICLE II DUTIES OF THE COUNTY CLERK 2.01 Countv Clerk Duties. The County Clerk shall perform the following duties for the NotIce for the JunsdlctlOn A. Print the NotIce exactly as it is submitted by the JurisdIctIon. B. Determine the order that the NotIce from partlclpatmg Junsdictions shall be placed m the Notice Package, however, matena's supphed by the Junsdlction shall be kept together as a group and shall remam m the order submitted by the JunsdlctlOn. 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 carner route sort. Nothmg herem shall preclude the County Clerk from sending the Notice or NotIce Package to persons other than electors of the JunsdlctIOn If such sending arises from the County Clerk's efforts to mail the Notice Package at "least cost" undcr the Rules. No other notice shall be matled. ThIS mall requirement shall constitute the only Ballot Issue NotIce obhgatlOn assumed by the County Clerk pursuant to thiS Agreement. D. The County Clerk shall prInt and mall the Notice Package m accordance WIth the tIme deadlInes mandatcd by the Code and the Rules. Thc County Clerk shall not be responSible for the failure to meet the Article X. Section 20 constramts If the Notice IS not submItted by the JUrIsdIction withm the deadlines and form reqUired by thiS Agreement. , \\GC4\DA TAl \GROU PSIA TTORNEYIOFFIC IAL'DLK&RC RD'02. ELECTION\WH EA TAl DG E.2. DOC ARTICLE III DUTIES OF JURISDICTION 3.01 the NotIce Jurisdiction Duties The JunsdlctlOn shall perform the follOWing duties for A. Provide the County Clerk with a copy of the resolution which states that the JunsdictlOn Will partlclpate In the coordinated mailing of the NotIce In accordance WIth the terms and COndItIOnS of this Agreement. The resolutIon shall further authonze the presldmg officer of the JunsdictlOn or other designated person to execute this Agreement. B. Draft the NotIce for each Ballot Issue Ballot QuestIons (as defined III the Code) are not requIred by TABOR, the Code or the Rules to appear In the Notice and wIll be included at the Junsdlctlon's sole discretion. The NotIce shall consist of the tille. full text, pro and con summanes each of 500 words or less, the fiscal mformation reqUIred by TABOR, and such other informatIOn as IS reqUIred by the Code The JunsdictlOn shall have the sole responSIbilIty for draftIng of the Notice III accordance With TABOR, the Code, and the Rules. C. SubmIt the NotIce to the County Clerk no later than September 24 7002 at 3'00 p m. III computer dlsk.ette format. D. Meet all tlmellnes set forth in the Rules and the Code regardmg the NotIce 3.02 Cancellation of Election by the Jurisdiction. In the event that the JunsdlctlOn resolves not to hold the ElectIon, then notlce of such resolutIOn shall be provided to the County Clerk Immediately The Junsdlctlon shall wlthm thirty (30) days promptly pay the County Clerk the full actual costs of the actiVItIes of the County Clerk relatmg to the Notice, includmg 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 notlcc shall be posted In the Office of the County Clerk, III the office of the Designated Election OffiCIal (as defined In the Code), and. If the JunsdlctlOn IS a speCIal dlstnct. m the office of the dl VISion of local government. The JunsdlctlOn shall not cancel the ElectIon after the 25th day pnor to the Election. ARTICLE IV COSTS 4.01 Payment for Notice of Ballot Issues. The Junsdlctlon shall pay a pro-rated amount for the costs to produce and mail the NotIce Such pro-ratIOn shall be made based upon the pcrcentage of households to whIch an "ActIve" regIstered voter reSIdes who IS an elIgIble elector of the JUllsdlctwn. thc number of Ballot Issues, and the numbcr of pages and partial pages used WithIn the NOtlCC Package for thc Junsdlction's Notlce, III accordance With the formula attachcd as ExhIbIt "A" A spccwl clIstnct's pro-rated payment wIll be based upon the total number of households wlthlll 3 \\GC4\DA T A l\GROUPS\A TTORNEY\OFFICIAL1CLK&RCRD\02-ELECTION\WHEA TRIDGE 2.DOC Jefferson County and not merely the number of households within the dlstnct. In addition, the JunsdictlOn shall pay One Hundred Dollars ($10000) for each Ballot Issue Included In the NotIce Package and Fifty Dollars ($5000) for each page and partIal page on which JurisdictlOn's Notice appears. 4.02 Pavment for Notice of Ballot Questions. In addItion to the payment set forth In 4 0 I, the Jurisdiction shall pay Two Hundred Dollars ($200.00) for each Ballot QuestIOn Illcluded III the Notice Package. If IncluslOn of the Ballot QuestlOn(S) mcreases the cost to produce and/or mail the Notice Package, the JunsdlctlOn shall also pay for a pro-rated amount based upon the total number of Ballot Questions submitted by all Junsdlctlons. 4.03 Invoice. The County shall submIt to the JunsdictlOn an InVOIce for all expenses Incurred under thIs Agreement and the Junsdictlon 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 (1) 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 III wnting. To County Clerk. Faye Gnffin 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 JunsdlctlOn City of Wheat Ridge Attn Wanda Sang, City Clerk 7500 W 29th Avenue Wheat Ridge. Colorado 80215 5.02 Amendment. This Agreement may be amended only III wntlng and followlllg the same forrnal1ty as the executIOn of thIs Agreement. 4 I\GC4\DA T A 1 IGROUPSlA nOR N EY\OFFIC I AL \CLK& RCRD\02- ELECTION\ WHEA TRtDGE 2. DOC 5.03 Inte2ration The Parties acknowledge that this Agreement constItutes the sole agrcement between them relatIng to the subJect matter hereof and that no Party IS relYIng upon any oral representatlOn made by another Party or employee, agent or officer of that Party. 5.04 Indemnification. To the ex.tent 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 (includmg attorney's fees and court costs), demands or actlOns ansing out of or related to any actIOns, errors or omiSSions relatIng to the dutIes and responsibilItIes of the Indemnifying party m the conduct of the ElectlOn. 5.05 Conflict of A2reement with Law. Impairment. In the event that any proVISion In this Agreement conflIcts With the Code, other statute or valid pnor resolution duly adopted by the govemmg body of the J unsdlction, thiS Agreement shall be modified to conform to such law or resolutlOn. No subsequent resolution of the govemmg body of the Junsdictlon shall Impair the nghts 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 STATE OF COLORADO '1'71 ['/ V/ LC ct. b ~.. By . /v>/ .. ;j.-~./ Faye ffin Date f' -....2.. 7 - cY .2- APPROVED AS TO FORM. '\ J'1. ~ L .J~ ',{~V Jean L. Ayars i : ASSistant Countt'Attorney v 5 \\GC4IDA TAl \G ROUPSIA TTORN EY10FFICIAL \C LK& RC RDI02.ELECTION\ WHEA TAl DGE-2. DOC ATTEST JURISDICTION CITY OF WHEAT RIDGE ~L A "-'S By c;;;r~~- wandajo/g, CIZ Clerk Date d-(" ~o .L . '\ ,1 6 \\GC4\DA TAl \GROUPS\A nORN EY\OF FICIAL'.cLK&RC ROI02-ELECTION\ WHEA TRIDG E-2 DOC