HomeMy WebLinkAboutResolution 2008-0042
CITY OF WHEAT RIDGE
RESOLUTION NO. 42-2008
niLE:
RESOLUTION NO. 42-2008 - A 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 ofa 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 4,
2008 (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 thi1~1 th da f August 2008.
- ~, .I ,-rtULJ-
Jerry DiTfilr , ' yor '
ATTEST: /
~2\I~~ \ crlo\. ~
Michael Snow, C~ Clerk ~~
INTERGOVERNMENTAL AGREEMENT FOR BALLOT ISSUE NOTICE
THIS INTERGOVERNMENTAL AGREEMENT FOR BALLOT ISSUE NOTICE (the
"Agreement") is made and entered into A11lmst: 1_1_ ,2008 by and between the
CLERK AND RECORDER FOR JEFFERSON COUNTY, COLORADO (the "County Clerk")
and r.Hy of Wheat: lliil"e (the "Jurisdiction"), collectively referred to as the "Parties".
WITNESSETH
WHEREAS, pursuant to CRS. ~29-1-203, as amended, Jefferson County and the
Jurisdiction may cooperate or contract with each other to provide any function or service lawfully
authorized to each;
WHEREAS, Article X, Section 20(3)(b) ofthe Colorado Constitution ("TABOR") and
C.R.S. ~1-7-901, et. seq., require the production of a mailed notice concerning "ballot issues" (as
defined in the Uniform Election Code of 1992, CRS. Title I, as amended) (the "Code") that will be
submitted to eligible voters of the Jurisdiction in connection with the general election to be held on
November 4, 2008 (the "Election");
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, for and in consideration of the promises herein contained, the
sufficiency of which is hereby acknowledged, the Parties agree as follows:
ARTICLE I
PURPOSE AND GENERAL MATTERS
1.01 .Qga!. The purpose of this Agreement is to set forth the respective duties of the
Parties in connection with the production and mailing of the Notice Package. 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 Rules and shall participate in the
production and mailing of the Notice Package and do all other things required to be done by it in
accordance with the Code and the Rules.
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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 primary responsibility for the coordination of the
Notice Package 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 Desilmated Election Official. The Jurisdiction designates Michael Snow
r.i t:v Cl erk , 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 Election
procedures to be handled by the Jurisdiction. The Election Officer shall act as the "designated
election official" in accordance with the Code and Rules and shall do all things required to be done by
it in accordance with the Code and the Rules. The Election Officer shall be readily available and
accessible during regular business hours, and at other times when notified by the Contact Officer in
advance, for the purposes of consultation and decision-making on behalf of the Jurisdiction.
1.04 Jurisdictional Limitation. The Jurisdiction encompasses territory within
Jefferson County, Colorado. This Agreement shall be construed to apply only to that portion of the
Jurisdiction situated within Jefferson County.
1.05 ~. The term of this Agreement shall be from the date set forth above
through December 31, 2008 and shall apply ouly to the Election.
ARTICLE II
DUTIES OF THE COUNTY CLERK
2.01 Countv Clerk's Duties. The County Clerk shall perform the following duties
for the Jurisdiction:
A. Print information in the Notice Package exactly as such information is
submitted by the Jurisdiction.
B. Determine how to order notices from participating jurisdictions 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
Package shall be produced and mailed by third class standard postage carrier route sort. Nothing shall
preclude the County Clerk from sending the Notice Package to persons other than electors of the
Jurisdiction if do so arises from the County Clerk's drv"l~ to mail the Notice Package at "least cost"
under the Rules. No other notice shall be mailed. The obligation to mail the Notice Package shall
constitute the County Clerk's only obligation under this Agreement.
2
D. The County Clerk shall print and mail the Notice Package in accordance with
time deadlines mandated by the Code and the Rules. The County Clerk shall not be responsible for
failure to meet TABOR mailing requirements if the Jurisdiction does not submit its notice by the
deadlines and in the form required by this Agreement, the Code or the Rules.
ARTICLE III
DUTIES OF JURISDICTION
3.01 Jurisdiction's Duties. The Jurisdiction shall p,,"7vuu the following duties:
A. Authority. Provide the County Clerk with a copy of the ordinance or
resolution stating that the Jurisdiction will participate in the coordinated mailing of the Notice
Package in accordance with the terms and conditions of this Agreement. The ordinance or resolution
shall further authorize the presiding officer of the Jurisdiction or other designated person to execute
this Agreement.
B. Draft Notice. Draft its 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 its notice and
will be included at the Jurisdiction's sole discretion. Such notice shall consist of the following: a title,
full text, pro and con summaries each of 500 words or less, fiscal information required by TABOR,
and such other information as is required by the Code. The Jurisdiction shall have sole responsibility
for drafting its notice in accordance with TABOR, the Code, and the Rules.
C. Submit Notice. Submit such notice to the County Clerk no later than
September 23,2008 at 3:00 p.m. via email, CD or diskette format.
D.
with its notice.
Other. Meet all timelines set forth in the Rules and the Code in connection
3.02 Cancellation of Election bv the Jurisdiction. If the Jurisdiction resolves not
to hold the Election, then written notice shall be delivered to the Contact Officer immediately;
provided, however that the Jurisdiction shall not cancel the Election after the 25th day prior to the
Election. If the Jurisdiction cancels the Election, it shall pay the County Clerk its actual costs relating
to the Election, which may include costs incurred both before and after receipt of the Jurisdiction's
notice of cancellation, within 30 days after cancellation. The Jurisdiction shall provide notice by
publication (as defined in the Code) of cancellation of the Election and a copy of such notice shall be
posted in the office of the Jurisdiction, in the office of the County Clerk, and, if the Jurisdiction is a
special district, in the office of the division oflocal government.
3
ARTICLE IV
COSTS
4.01 Pavment for Notice of Ballot Issues. The Jurisdiction shall pay its pro-rated
share of costs to produce and mail the Notice Package. The Jurisdiction's share of costs shall be
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 set
forth in Exhihit 1\, which is attached to, and incorporated into, this Agreement; provided, however,
that a special district's pro-rated share shall be based upon the total number of households within
Jefferson County and not merely the number of households within such district. In addition, the
Jurisdiction shall pay $100.00 for each ballot issue and 50.00 for each page or partial page on which
the Jurisdiction's notice appears.
4.02 Pavment for Notice of Ballot Ouestions. In addition to the payment set forth
in 4.01 above, the Jurisdiction shall pay $200.00 for each ballot question included in the Notice
Package. If inclusion of a ballot question increases the cost to produce or mail the Notice Package,
the Jurisdiction shall also pay 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 due
upon receipt. Any amount not paid within 30 days after receipt will be subject to an interest charge at
the lesser of 1 Yz% per month or the highest rate permitted under law.
ARTICLE V
MISCELLANEOUS
5.01 Notices. All notices required to be given under this Agreement are deemed to
be received and effective: (1) three days after the same is mailed by first class, certified mail, return
receipt; (2) immediately upon hand delivery; or (3) inunediately upon confirmation of receipt during
regular business hours if sent via facsimile; to the address of the Parties as set forth below or to
addresses as may be designated by a Party hereafter in writing.
To the County Clerk: Pamela Y. Anderson
Jefferson County Clerk and Recorder
100 Jefferson County Parkway, Suite 2560
Golden, Colorado 80419
Fax: (303) 271-8197
with a copy to:
Jefferson County Attorney's Office
100 Jefferson County Parkway, Suite 5500
Golden, Colorado 80419
Fax: (303) 271-8901
4
To Jurisdiction:
City of Wheat Ridge
7~OO WeRt: 29t:h Avenue
-Hheet: ~iilge CO ROO~~
(3031235-2816
Fax: (~O~)234-~q?4
5.02 Amendment. This Agreement may not be modified or amended except in a
writing signed by the Parties.
5.03 Entire Al!reement. This Agreement and its Exhibits constitute the entire
agreement between the Parties as to the subject matter hereof and supersede all prior or
contemporaneous agreements, proposals, negotiations, understandings, representations and all other
communications, both oral and written, between the Parties.
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 negligent actions, errors or omissions of the indemnifying party in connection with the
transactions contemplated by this Agreement.
5.05 Conflict of Aneement with Law. Imnairment. If any provision in this
Agreement conflicts with the Code, Rules, statute or resolution or ordinance duly adopted by the
Jurisdiction, this Agreement will be modified to conform thereto. No subsequent resolution or
ordinance of the Jurisdiction shall waive or impair the rights of a Party without the consent of the
other Party.
5.06 Time of Essence. Time is of the essence in the performance of this
Agreement. The time requirements of the Code and the Rules shall apply to completion of the tasks
required by this Agreement.
5.07 No Third Partv Beneficiaries. Enforcement of the terms and conditions of
this Agreement and all rights of action relating to such enforcement shall be strictly reserved to the
Parties, and nothing contained in this Agreement shall give or allow any such claim or right of action
by any other person or entity not a party to this Agreement.
5.08 Further Assurances. The Parties shall execute any other documents and to
take any other action necessary to carry out the intent of this Agreement.
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5.09 Governing Law: .Jurisdiction & Venue. This Agreement and the rights of
the Parties under it will be govemed by, and construed in accordance with, the laws of the State of
Colorado, without regard to the conflicts oflaws rules of Colorado. The courts of the State of
Colorado shall have sole and exclusive jurisdiction of any disputes or litigation arising under this
Agreement. Venue for any and all legal actions arising under this Agreement shall lie in the District
Court in and for the County of Jefferson, State of Colorado.
5.10 Headinl!s. The section headings in this Agreement are for reference only and
shall not effect the interpretation or meaning of any provision of this Agreement.
5.11 Counternarts. This Agreement may be executed in counterpart, each of which
will be deemed an original. Delivery of an executed signature page of this Agreement by facsimile or
email transmission will constitute effective and binding execution and delivery of this Ao""<-ment.
5.12 Severabilitv. If any provision of this Agreement is declared by a court of
competent jurisdiction to be invalid, void or unenforceable, such provision shall be deemed to be
severable, and all other provisions of this Agreement shall remain fully enforceable, and this
Agreement shall be interpreted in all respects as if such provision were omitted.
5.13 Immunities Preserved. It is the intention of the parties that this Agreement
shall not be construed as a contractual waiver of any innnunities or defenses provided by the
Colorado Governmental Immunities Act, ~24-1O-101, C.R.S, et. seq.
[Signatures appear on following page.]
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IN WITNESS WHEREOF, the Parties have signed this Intergovernmental Agreement for
Ballot Issue Notice as of the date set forth above.
J.t;l' l' .t;RSON COUNTY CLERK AND RECORDER
~y
JURISDICTION:
B./l1~l~
Name: Michael Snow
Title: City Clerk
APPROVED AS TO FORM FOR THE COUNTY CLERK:
By B r~oO A'~
Assistant CountY Attorney
B
Name: Jerry Dahl
City Attorney
EXHIBIT A
PRO RATA COST FORMULA
.I!flS EXHfflIT IS FOR PURPOSES OF ILLUSTRATION ONLY. The below example
assumes a Notice Package with a total cost of $50,000.
Jurisdiction
A
B
C
D
% Households
40
o (Spec. Dist. forming)
35
20
# Issues
1
5
2
3
Each jurisdiction pays a base cost of $1 00 per ballot issue and $50 per page and partial page:
Jurisdiction
A
B
C
D
# ofTssues
1 @ $100
5 @ $500
2 @ $200
3 @ $300
$1100
)'alleS Used
12 @ $600
6 @ $300
6 @ $300
6 @ $300
$1500
Base Cost
$700
$800
$500
$600
$2600
Total cost of Notice Package $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
A
B
C
D
% Householdli x
40
o
35
20
# Issues
1
5
2
3
=
40
o
70
60
170
$47,400 left to al'l'v.~;on 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
$16.729.41
$47,400.00
=
=
=
TOTAL COST BY nJRTSDICTTON::
Jurisdiction
A
B
C
D
Base +
$700
$800
$500
$600
$2600
Weig:hted Share
$11,152.94
o
$19,517.65
$16.729.41
$47,400.00
=
Prorated Cost Total
$11,852.94
$ 800.00
$20,017.65
$17.329.41
$50,000.00