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HomeMy WebLinkAboutResolution-2006-0036 RESOLUTION NO. 36-2006 SERIES of 2006 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 14th day of AlJ9ust 2006. .' J '7 / )){l~t1- -'- Mike Lowe - 06TABOR.doc Page 1 COPy INTERGOVERNMENTAL AGREEMENT P,.\.\!.QHIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is made and entered into this ~ day of ~UG ,2006, by and between the CLERK & RECORDER FOR THE COUNTY OF JEFFERSON, STATE OF COLORADO ("County Clerk") and err'! nF \ k)HEPiT lZ.q%~ ("Jurisdiction"), collectively referred to as the "Parties" 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 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. M ,\A TTORNEY\OFFICIAL ICLK&RCRD\06-ELE CTIONI06T ABOR DOC Page 2 \ Mike Lowe - 06TABOR.doc The County Clerk designates Susan Miller 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 Designated Election Official. The Jurisdiction designates fAH A!Jl0:-=:lJSO~J, 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, 2006 and shall apply only to the November 7, 2006 general election, ARTICLE II DUTIES OF THE COUNTY CLERK 2.01 County Clerk Duties, The County Clerk shall perform 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 for the failure 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. M:\A TTORNEY\OFFICIAL ICLK&RCRDl06-ELECTIONI06T ABOR.oOC 2 ------Page 3 I v1ike Lowe - 06TABOR.doc ARTICLE III DUTIES OF JURISDICTION 3.01 the Notice: Jurisdiction Duties. The Jurisdiction shall petform 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 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 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 26, 2006 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 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 defined 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 formula attached as Exhibit "A" A special district's pro-rated payment will be based upon the tolal number of households withm M:IA nORNEY\OF FICIAL ICLK&RCRDl06-ELECTIONI06T ABORDOC 3 Page 4 I 'v1ike Lowe - 06TABOR,doc Jefferson County and not merely the number of households within the district. In addition, the Jurisdiction 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 Jurisdiction's Notice appears, 4.02 Payment for Notice of Ballot Ouestions, 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. Any amount not paid within sixty (60) days after the date of the invoice will be subject to late interest at the lesser of the rate of ] W)1o 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: (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 in writing, To County Clerk: Faye Griffin Jefferson County Clerk and Recorder Jefferson County Government Center ] 00 Jefferson County Parkway Golden, Colorado 804] 9 with a copy to. Jefferson County Attorney Jefferson County Government Center ]00 Jefferson County Parkway Golden, Colorado 804]9 To Jurisdiction. C f\ \.{ ()f \l.itit/lil k,\n10/::: f ;0(, \tJ ')0, '" AUt II juf=" \J.Jt-\U'f\ L\nc:l[ (Ii ~C'\'I ::>)?, M:IA TTORNEYlOFF ICIAL ICLK&RCRD\06-ELECTIONI06T ABOR .DOC 4 I Page 5 i 'v1ike Lowe - 06TABOR,doc 5.02 Amendment. This Agreement may be amended only in writing 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 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 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 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 CLERK AND RECORDER OF THE COUNTY OF JEFFERSON STATE OF COLORADO /I~0U(. ~- c;rLdi~~ B,l ~<'/ C%~,J Faye G.' in Date ,~ ~ / t~ :..)/,0'? / M:\A TT ORNEY\OFFIC IAL ICLK&RCRDl06-ELECTIONI06T ABORDOC ~ Mike Lowe - 06TABOR.doc ATTEST M:\A TTDRNEY\DFF ICIAl \ClK&RCRDl06-ElE CTIDN\06T ABDRDOC Page 6 I JURISDICTION C 1\\1 OF wH81T kJ D6E" Date l\rJtVJ 14-\ 200 {; 11A\{olZ (, Mike Lowe - 06TABOR,doc EXHIBIT A FORMULA FOR PRO-RATED COSTS M:\A TTORNEYlOFF ICIAL \CLK&RCRDl06-ELECTION\06T ABORDOC Page 7 I 7 Pagell Mike Lowe - Exhibit A for IGAs,doc EXHIBIT "A" EXAMPLE ONLY OF HOW TIDS 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 o (Spec, Dist. Fonning) 35 20 # Issues 1 5 2 3 Jurisdiction pays base cost of $100 per issue and $50 per page and partial page used. Jurisdiction # Issues Pages Used A I @$100 12 @$ 600 B 5 @$ 500 6 @$ 300 C 2 @$ 200 6 @$ 300 D 3 @$ 300 6 @$ 300 $1100 $1500 Base Cost $700 $800 $500 $600 $2600 Total cost of TABOR mailing $50,000 - $2600 Base Cost $47,400 Determine weighted average factors by multiplying the percentage of registered voter households by the number of issues, Jurisdiction % Households x # Issues = A 40 1 40 B 0 5 0 C 35 2 70 D 20 3 60 170 $47,400 left to apportion by utilizing weighting factors: Jurisdiction A B C D 40 divided by 170 x $47,400 o divided by 170 x $47,400 70 divided by 170 x $47,400 60 divided by 170 x $47,400 = = $11,152,94 o $19,517,65 $]6,729.4] $47,400,00 JURISDICTION TOTAL COST Jurisdiction Base + Weighted Share = A $700 $1 ],152.94 B $800 0 C $500 $19,517,65 D $600 $16,729.41 $2600 $47,400 00 Jurisdiction Cost Share Total $1] ,852,94 $ 800.00 $20,017 ,65 $17,329.41 $50,000 00