HomeMy WebLinkAboutResolution 2014-0046CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 46
Series of 2014
TITLE : A RESOLUTION AUTHORIZING AN INTERGOVERNMENTAL
AGREEMENT B Y AND BETWEEN THE CLERK AND RECORDER FOR
JEFFERSON COUNTY COLORADO AND THE CITY OF WH EAT RIDGE
REGARDI NG TH E PRODUCTION OF A MAIL ED NOTICE CONCERNING
BALLOT ISSUES
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 in connection with the general election to be held on
November 4 , 2014 (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 (Exhibit A) 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 11th day of August 2014.
ATTEST:
INTERGOVERNMENTAL AGREEMENT FOR BALLOT ISSUE NOTICE
TIDS INTERGOVERNMENTAL AGREEMENT FOR BALLOT ISSUE NOTICE (the
"Agreement") is made and entered into ~ I I , 20 14 by and between the
CLERK AND RECORDER FOR JEFFERSON COUNTY, COLORADO (the "Counry Clerk")
and 8kk, o t tttiu•J/llc'sfk (the "Jur isdiction"). collective ly referred to as the "Parties".
WITNESSETH
WHEREAS, pursuant to C.R.S. §29-1-203. as amended. Jefferson Count) and the
Jurisdiction may cooperate or con tra ct \\ ith each other to provide any function or service lawfull y
authorized to each:
WHEREAS , Article X, Section 20(3)(b) of the Colorado Constitution ("TABOR ") and
C.R.S. § l-7-90 I. et. seq .. require the production of a mailed notice concerning ··ballot issues .. (as
defined in the Uniform Election Code of 1992, C.R.S. Title I. as amended) (the "Code") that\\ ill be
submitted to e li gible voters of th e Jurisdiction in connection with the general election to be held on
November 4. 2014 (the "Election");
WHEREAS, TABOR requires that notices containing Ele ction ballot issues of multiple
jurisdicti ons be sent as a package where such jurisdictions overlap (t he "Not ice Package"); and
WHEREAS, the Parties desire to set forth their respective re sponsibi liti es for production and
mailing of the Notice Package in connection with th e Election.
NOW, THEREFORE. for and in cons iderati on 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 Goal . The purpose of this Agreement is to set forth the respective duties of the
Parties in connection with th e production and mailin g of the Notice Packag e. Not hin g 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 Procedu res adopted b) the
Secretar) of State. as amended (the "Rul es").
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 Packa ge and do all oth er things required to be done by it in
accordance with the Code and the Rules.
The County Clerk designates Chri st i Coburn as the "Contact Officer" to act as th e
primary liai son between the County Clerk and th e Jurisdiction. The Contact Officer shall act under
the authority of the County ClerJ... and shall have primary responsibility for the coordination of the
Notice Packa ge for th e Jurisdiction and completion of procedures assigned to the Count) Clerk
hereunder. Nothing herein shall be deemed or construed to reli eve the Count) Clerk or the
Juri sdiction from their officia l responsibilities for the Notice.
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l.03 Elect ion Officer . The Jurisdiction designates 9a-?~ __,J ~u:t~,.,_
_____ _,as its "Election Officer" to act as the primary liaison between the Juri sdiction and the
Contact Officer. The Election Officer shall have primary re sponsibility for Election procedures to be
handled by the Juri sdiction. Th e Electi on Officer shall be readily available and accessib le during
regular business hours, and at other times when notified by the Contact Officer in advance, fo r the
purposes of consultation and decision-making on behalf of the Jurisdiction.
1.04 Jurisdictional Limitation. The Jurisdiction encompasses territory within
Jefferson County, Co lorad o. This Agreement shall be constru ed to apply on ly to that portion of the
Juri sdiction situated within Jefferson County.
1.05 Term. The term of this Agreement shall be from the date of the last Party's
execution through December 3 1, 20 14 and shall apply o nl y to the November 4. 2014 Election.
ARTICLE II
DUTIES OF THE COUNTY CLERK
2.01 County C lerk's Duties . The County Clerk shall perform the following duties
for the Jurisdiction:
A. Print information in th e Not ice Package exactly as such information is
submitted by the Jurisdiction.
B. Determine how to order notices from participating jurisd ictions in the No ti ce
Package: however, materials supp li ed by the Juri sdiction shall be kept together as a group and sha ll
remain in the order subm itted by the Juri sdiction.
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. Nothin g
shall preclude the Co unt y Clerk from sendin g th e Notice Package to persons other than electors of the
Jurisdiction if doing so a ri ses from the County Clerk's efforts to mail the Notice Package at "least
cost" under the Rule s. No ot her notice shall be mailed. The obligation to print, assemble, and mail
the Notice Package sha ll constitute the County Clerk's only obligati on und er thi s Agreement.
D. Th e County C lerk shall print and mail the Not ice 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 requirement s if the Jurisdiction does not sub mit its notice by the
deadlines and in th e form required by this Agreement, the Code or the Rul es.
ARTICLE III
DUTIES OF JURISDICTION
3.01 Jurisdiction 's Duties. The Jurisdiction shall perform the fo ll ow in g duties:
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A. Aut ho r ity. Provide the County Clerk with a copy of the ordinance or
resolution stating that the Jurisdiction will participate in the coo rdinated 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. Dra ft No tic e. Draft its notice for each ballot issue (the ··Notice"). "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. The 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 b) the Code. T he .Juris dictio n sha ll
have so le res p onsibil ity fo r dra ftin g its notic e in a ccord a nce wi t h TABOR, th e Cod e, a nd the
Rules .
C. Su bmi t No ti ce. Submit such Notice to the Count) Clerk no later than
September 23.2014 at 3:00p.m. via email.
D. Othe r . Meet alltimelines set forth in the Rules and the Code in connection
with its Notice.
3.02 Cancell ation o f E lec ti on by th e Juris dicti o n . If the Jurisdiction resolves not
to hold the Election. then written notice shall be delivered to the Contact Officer immedia te I):
provided. however 1har the Jurisdiction shall not cancel the Election after the 25th da) prior to the
Election. If the Jurisdiction cancels the Election. it shall pay the County Clerk its actual costs relating
to the Elec t ion. which may include costs incurred both befo re and after receipt of the Jurisdiction's
notice of cancellation, within 30 days after cancellat ion. 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 of local government.
ARTI CLE IV
C OSTS
4 .01 Pa ym e nt fo r No ti ce o f Ball ot 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 on
eligible e lector of the Jurisdiction, the number of ballot issues, and the number of pages and partial
pages used with in the Notice Package for the Jurisdiction's Notice. in acco rdance with the formula
set forth in Exhibit A. which is attached to. and incorpo rated into, this Agreement: provided ,
however. that a special district's pro-rated share shall be based upon the total number of households
within Jefferson Count) and not merely the number of househo lds within such district. In addition,
the Jurisdiction shall pay $100.00 for each ballot issue and $50.00 for each page or partia l page on
wh ich the J urisdiction 's notice appea rs.
4.02 Pay m ent fo r No tic e o f Ba ll ot Ques tions . In addition to the payment set forth
in 4.0 I above, the Jurisdiction shall pay $200.00 for each ballot question included in the Notice
Package. If inc lusion of a ballot question increases the cost to produce or mail the Notice Package.
\1 \CUC110N\ELI'Cfi0N\201-II.Ivi\~\IGA • fABOR 20141inal docx 3
the Jurisdiction shall also pay a pro-rated amount based upon the total number of ballot questions
submined by all jurisdictions.
4.03 Invoice. The County shalt submit to the Jurisdiction an invoice for all
expenses incurred under this Agreement and the Juri sd iction shall remit to the County the total due
upon receipt. Any amount not paid within 30 days after receipt wi It be subject to an interest charge at
the le sser of I !h% per month o r the highest rate pennitted under law.
ARTICLE V
MISCELLANEOUS
5.01 Notices. All notices required to be given under this Agreement are deemed to
be recei ved and effective: (I) three days after the same is mailed by first class. cer1ified mail, return
receipt: (2) immediately upon hand delivery: or (3) immediately upon confinnation of receipt during
regular business hours if sent \ ia facsimile: to the address of the Parties as set forth belo\o\ or to
addresses as may be designated by a Party hereafter in writing.
To th e Cou nty Cle rk: Pamela Y. Anderson
Jefferson County Clerk and Recorder
I 00 Jefferson County Parkway. Suite 2560
Golden. Colorado 80419
Fax: (303) 271-8197
with a copy to: Jefferson County Attorney's Office
I 00 Jefferson County Parkwa y. Suite 5500
Golden, Colorado 80419
Fax: (303) 271-890 I
5.02 Amendment. This Agreeme nt may not be modified or amended except in a
writing signed by the Partie s.
5.03 Entire Agreement. This Agreement and its Exh ibit s constitute the entire
agreement between the Partie s as to the subject matter hereof and supe rsede all prior or
contemporaneous agreements. proposals. negotiations. understandings. represen tati ons and all other
communications. both oral and written, between the Parties.
5.04 Indemnification. To the extent permitted by law, each party agrees to
indemnif), defend and hold hannless the othe r party. its agents. officers and employees from any and
all losses. costs (includin g attorney's fees and court costs), demands or ac ti ons arising out of or
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related to any negligent actions. errors or omissions of the indemnifying part) in connection \Vith the
transactions contemplated by this Agreement.
5.05 Con flict of Mreement with Law, Impairment. If any provision in this
Agreement confl icts with the Code. Rules. statute or resolution or ordinance duly adopted by the
Jurisdiction. this Agreement will be modifi ed to co nform thereto. No subsequent re solutio n o r
ordinance of the Jurisdiction shal l 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 thi s Agreement.
5.07 No Th ird Party Benefici aries. Enforcement of the tenns 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 an) other person or entity not a part) to this Agreement.
5.08 Further Assurances . The Partie s shal l execute any other documents and to
take any ot her action necessary to carry out the intent of this Agreement.
5.09 Governing Law ; Jurisdiction & Venue . This Agreement and the rights of
the Parties under it will be governed by. and construed in accordance with, the laws of the State of
Co lorado. without regard to the conflicts of laws rules of Colorado. The courts or the State of
Colorado sha ll have so le 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 Coun ty of Jefferson. State of Co lorad o.
5.10 Headings. The section headings in this Agreement are for reference onl)' and
shall not effec t the interpretation or meaning of any provision of this Agreement.
5.11 Counterparts. This Agreement may be executed in counterpan, each of which
will be deemed an original. Delivery of an executed signature page of this Agreement by facsimile or
email tran smission \\ill cons titute effective and binding execution and delivery of this Agreement.
5.12 Severability. If an) provision ofthis Agreement is declared by a court of
competent jurisdiction to be invalid. void or unenforceable, such provision shall be deemed to be
severab le , and all o ther provisions of thi s Agreement shall remain fully enforceable, and this
Agreement shall be interpreted in all re spects as if such provision were omitted.
5.13 Immunities Presen·ed . It is the intention of the parties that this Agreement
shall not be construed as a con tra ctual waiver of any immunities or defenses provided by the
Colorado Governmental Immunities Act. §24 -1 0-10 I , C.R.S. et. seq.
[Signatures appear on following page.)
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lN WITNESS WHEREOF. the Parties have sig ned this Intergovernmental Agreement for
Ballot Issue Notice as of the date set forth above.
RSON COUNTY CLERK AND RECORDER
OR THE COUNTY CLERK AND RECORDER:
By~~--=-~~~~-
Assistant Cou nty Altome)
DICTION:
EXHIBIT A
PRO RAT A C OST FORM l LA
THIS EXHIBIT IS F OR P URPOSE S O f ILL liSTRATION O NLY. The below example assumes a Notice Package
with a total cost of $50.000.
Jurisdiction 0 o Households
A 40
B 0 (Spec. Dist. forming)
c 35
D 20
Each jurisdiction pa) sa base cost of $100 per ballot issue and $50 per page and partial page:
Jurisdiction
A
B c
D
# oC Issues
I 'a SIOO
5 'll $500
2@ $200
3@ $300
$1100
Total cost of Notice Package $50.000
-$2.600 Base Cost
$47,400
Pages Used
12 (@ $600
6 @ $300
6@ $300
6@ $300
$1500
r; Issues
I
5
2
3
Base Cost
$700
$800
$500
$600
$2600
Determme weighted average facto rs by multipl) mg the pe rcentage of registered voter households by the number of
issues:
Jurisdiction
A
B
c
D
0 o Households \
40
0
35
20
#Issues =
I
5
2
3
$47,400 left to apport ion by utilizing weighting factors:
Jurisdiction
A
B
c
D
TOTAL COST BY JURISDICT ION:
Jurisdiction Base
A $700
B $800
c $500
D $600
$2,600
40 divided b) 170 x $47,400
0 dtvided by 170 x $47.400
70 divided by 170 x $47.400
60 dh ided by 170 '< $47,400
Weil!hted Share
$11.152 .94
0
$19,517 .65
$16.729.41
$47,400 00
=
=
40
0
70
60
170
$11.152 .94
0
$19,517 .65
$16.729.41
$47,400.00
Prorated Cost Total
$11,852.94
$ 800.00
$20,017.65
$17.329.-l l
$50,000.00