HomeMy WebLinkAboutResolution-2004-0021
RESOLUTION NO. 21-2004
SERIES of 2004
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 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, 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
ATTEST
DONE AND RESOLVED on this 23th day of AUQUst, 2004
, (, / . C.--,
,,' , 'C ( (,f'.t't!, ~.
I etchen Cerveny, Mayor \
, I
, I
0/
INTERGOVERNMENTAL AGREEMENT
THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is made and entered mto
this 23rd day of August, 2004, by and between the CLERK & RECORDER FOR THE COUNTY
OF JEFFERSON, STATE OF COLORADO ("County Clerk") and the CITY OF WHEAT
RIDGE ("Jurisdiction"), 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 productIOn of a mailed notice ("Notice") concernmg Ballot
Issues as defined in the Umform Election Code of 1992, Title I, C.R.S , as amended (the "Code") that
will be submitted to eligible voters of the JunsdlctlOn; and
WHEREAS, the Notices of several jurisdictIOns are to be sent as a package where such
Junsdictions overlap ("Notice Package"); and
WHEREAS, the County Clerk and the JurisdIction deSire to set forth their respective
responsibilities m the production and mailing ofthe Notice Package m connectIOn With the ElectIOn.
NOW, THEREFORE, for and in consideration of the promises herem contamed, 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 mall the Notice Package for the Election. Nothmg
contained in this Agreement IS Illtended to expand the duties of the County Clerk beyond those dutIes set
forth III the Code or the current Rules and Regulations Governmg 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 Junsdlctlon for all matters m the Code and the Rules which require action by
the Coordmated Election OffiCial
C:\DOCUMENTS AND SETTINGSICJONES\MY DOCUMENTSIMISCELLANEOUS\TABOR-04.DOC
The County Clerk designates Susan Miller as the "Contact Officer" to act as the
pnmary liaison between the County Clerk and the Junsdiction. The Contact Officer shall act under
the authonty of the County Clerk and shall have the primary responsibihty for the coordination of the
Notice for the JurisdictIOn and completion of procedures assigned to the County Clerk hereunder
Nothlllg herein shall be deemed or construed to relieve the County Clerk or the Junsdlction from theIf
official responsibilities for the Notice.
1.03 Desig:nated Election Official. The Jurisdiction deSignates p!\ \:\ A k\(\t:. tSOU
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
JunsdlctlOn.
1.04 Jurisdictional Limitation. The Jurisdiction encompasses temtory with III
Jefferson County This Agreement shall be construed to apply only to that portIOn of the JurisdictIOn
wlthlll Jefferson County,
1.05 Term. The term of this Agreement shall be from the date of the last party's
executIOn until December 31, 2004 and shall apply only to the 2004 general election.
ARTICLE II
DUTIES OF THE COUNTY CLERK
2.01 County Clerk Duties. The County Clerk shall perform the followlllg duties
for the Notice for the Junsdlction.
A. Pnnt the Notice exactly as It IS submitted by the Jurisdiction.
B. Determme the order that the Notice from partlclpatlllg Junsdlctlons shall be
placed m the Notice Package; however, materials supplIed by the JunsdlctlOn shall be kept together
as a group and shall remain in the order submitted by the Junsdlction.
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 camer route sort. Nothmg herein shall
preclude the County Clerk from sending the Notice or Notice Package to persons other than electors
of the Junsdlction If such sendlllg anses 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 III accordance with
the time deadlllles 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 with III the deadlines and form required by thiS Agreement.
,
2
C:IDOCUME-1\CJONES\LOCALS-1\ TEMPIT ABOR-04, DOC
ARTICLE III
DUTIES OF JURISDICTION
3.01
the Notice'
Jurisdiction Duties. The Junsdlction shall perform the followlllg duties for
A. PrOVide the County Clerk with a copy of the resolutIOn which states that the
Junsdlction will participate in the coordmated mailmg of the Notice in accordance with the terms and
condltlOns of this Agreement. The resolution shall further authorize the presldlllg officer of the
Junsdlctlon or other designated person to execute thiS Agreement.
B. Draft the Notice for each Ballot Issue. Ballot Questions (as defined m the
Code) are not reqUired by TABOR, the Code or the Rules to appear in the Notice and wIll be Illcluded
at the Junsdlction's sole discretIOn. The Notice shall consist of the title, full text. pro and con
summanes 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 21, 2004 at
3'00 p.m. III computer diskette format.
D. Meet all time lInes set forth m the Rules and the Code regardlllg the Notice
3.02 Cancellation of Election by the Jurisdiction In the event that the
Junsdlction resolves not to hold the Election, then notice of such resolutIOn shall be proVided to the
County Clerk immediately The Junsdlction shall wlthlll thirty (30) days promptly pay the County
Clerk the full actual costs of the actlVltles of the County Clerk relating to the Notice, mcludlllg
Without lImitatIOn production and maIling costs, mcurred both before and after the County Clerk's
receipt of such notice The Junsdiction 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 m the Office of the County
Clerk, in the office of the Designated Election OffiCial (as defined III the Code), and, If the
Junsdlctlon IS a special dlstnct, III the office of the diviSIOn oflocal government. The Junsdiction
shall not cancel the Election after the 25th dav pnor to the Election.
ARTICLE IV
COSTS
4.01 Payment for Notice of Ballot Issues. The JunsdictlOn 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 m 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 wlthlll
the Notice Package for the Junsdlction's Notice, III accordance with the formula attached as Exhibit
"A" A speCial district's pL-ratedpayment will be based upon the total number of households wlthm
3
C:IDOCU ME-1 ICJONES\LOCALS-1 ITEMPIT ABOR-04, DOC
Jefferson County and not merely the number of households within the distnct. In addition. the
Jurisdiction shall pay One Hundred Dollars ($100 00) for each Ballot Issue included III the Notice
Package and Fifty Dollars ($50 00) for each page and partial page on which JunsdictlOn'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 mcluded
III the Notice Package. IfmcluslOn of the Ballot Question(s) mcreases the cost to produce and/or mail
the Notice Package, the Junsdlction shall also pay for a pro-rated amount based upon the total
number of Ballot Questions submitted by all Junsdictions.
4.03 Invoice. The County shall submit to the JurisdictIOn an mvoice for all
expenses incurred under thiS Agreement and the Jurisdiction shall remIt to the County the total
payment upon receIpt of such Illvoice.
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 wntmg.
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.
((\'1 ~)f \)Jt\\:f\\ YIC\r,l:
4
C:\DOCUME-1 ICJONESILOCALS-1 \ TEMP\T ABOR-04 .DOC
5.02 Amendment. This Agreement may be amended only m wntlllg and followmg
the same formality as the executIOn of this Agreement.
5.03 Inte2ration. The PartIes acknowledge that this Agreement constitutes the sole
agreement between them relating to the subject matter hereof and that no Party IS relYlllg 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
mdemmfy, defend and hold harmless the other party, its agents, officers and employees from any and
all losses, costs (mcludmg attorney's fees and court costs), demands or actions arismg out of or related
to any actions, errors or omISSIOns relatmg to the duties and responsiblhtles of the mdemmfymg party
m the conduct of the ElectIOn.
5.05 Conflict of Ag:reement with Law, Impairment. In the event that any
provlSlon in thIS Agreement conflIcts with the Code, other statute or valid pnor resolutIOn duly
adopted by the govermng body of the Junsdictlon, thiS Agreement shall be modified to conform to
such la", or resolution. No subsequent resolutIOn of the governing body of the JUflsdlctlOn 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
STATE OF COLORADO
,
)11 'l
J:~~l
) .' (jJ i' '! ;( \
By !flJcd /J~ (-1/3 f! Clu0/0JcjJ
Faye Griffin ) - '
Date 8 :J/ -()I-/
APPROVED AS TO FORM
5
C:\DOCUME-1 ICJ ONESILOCALS-1 ITEMPIT ABOR-D4 .DOC
ATTEST.
CITY OF WHEAT RIDGE
Date August 23,2004
~~
mela Anderson, City Clerk
APPROVED AS TO FORM.
~-kflefi/~
Gerald Dahl, City Attorney
6
C:IDOCUMENTS AND SETIlNGSICJONESIMY DOCUMENTSIMISCELLANEOUS\TABOR-04DOC