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Home My WebLink AboutResolution-1996-1551 RESOLUTION NO. 15;'}1 Seri es of 1996 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, CONCERNING THE MAILING OF NOTICES RELATING TO THE CITY OF WHEAT RIDGE'S ELECTION TO BE HELD ON NOVEMBER 5, 1996 ("ELECTION"). 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 required 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 mailing of notices relating to the City of Wheat Ridge's election to be held on November 5, 1996 ("Election") DONE AND RESOLVED on this 12th day of August , 1996. . ~~ Dan Wilde, Mayor ATTEST \ " \h" __: "'--' \ \ ,. ~ 1, ,"\ ' ' ,. Wanda Sang. City Clerk INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") IS made and entered mto thIs 12th day OfAugui>i996. by and between thc CLERK & RECORDER FOR THE COUNTY OF JEFFERSON, STATE OF COLORADO ("Countv Clerk") and the CITY OF WHEAT RIDGE ("Junsdlctlon"). collectIvely referred to as the "Partlcs." for the admmlstratIon of theIr respectIve duties concemmg the maIling of notIces relatmg ](1 the JunsdIctlOn's eleetlon to be held on November 5. ] 996 ("tlcctlOn"). WITNESSETH WHEREA~. pursuant to SectIon 2LJ-I-::'m. C R.S.. as amended. the COUI1l\ and the Junsdletlon may cooperate or contract WIth each other to prOVide an) function or senlce lawtully authorl/ed to each, and WHEREAS. Article X, Section 20( ~ I( h) of the Colorado ConstJ1utlOn ("TAB( lR") and SectIon ]-7-901. et seq. CR.S reqUIre the pruduclJon ofa mailed notice ("NolJce") concemmg Ballot Issues as defined m the L mform UeLtwn Code of ] 992. Title I. C R ~.. as amended (the "Code") that will be submItted to eliglhle \oters of the JUrisdictIOn. and WHEREAS. the NotIees of several JunsdletlOns arc to be sent as a package whcre such junsdlctlons overlap ("Notice Package" ). and WHEREAS. the County Clerk and the JumdlCtwn deSIre to set forth their respectl\e responsibIlities 111 the productIOn and mail1l1g of the 1'\Ul!ce I'<,,-kage III connectIon With thL ElectIOn. NOW, THEREFORE, for and m conSideratIon of the pronllses herem contall1ed. the suffiCiency of which IS hereby acknowledged. the PartIes hereto agree as follows ARTIe LE I PlTRPOSE AND GENERAL MATTERS 1.01 Goal The purpose oftlll'; Agreement 1<; to set lorth the tasks to he cOJIlpleted by the Count) l Ink and the JunsdlctlOn to produce and mail the 1\iotIce Package tor (he I- leuwn Nothmg contallled 111 thIS Agreement IS ll1tended 10 e'.pand the duties of the Count\ ( leI'\" hn ond those dutIes ,ct jorth JIl thL' Code or the eurrent Rules and RqwlatJOns (Jovernll1g l:lcClJ()JJ Proeedure~ adllpt('d h) the Secretar) of State ac ,IJllcnded (thc "Rules") I.H2 Coordinated Elcl'tion Official the l ounty ( krk shall act as tiI,' Coordll1aled I IeUI()J1 (itlicwlll1 aecordanee With the l (Ide and the Rule, and as sllLh ,lull JIl,lil the G \,ATTOHNF';'\( ':i:~ 1< f\.' ~>~.-q;,,^,H1R[)<.;E 2 NotIce Paekage for the Junsdlctlon for all matters III the Code and the Rules whIch reqUlre actIOn by the Coordmated ElectIon OffiCial The County Clerk designates Cathenne Molleck as the "Contact Officer" to act as the pnmary lIaIson 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 coOrdll1atIon of the Notice for the Junsdlctlon and completIOn of procedures aSSIgned to the County Clerk hereunder Nothmg herem shall be deemed or construed to relIeve the County ( lerk or the JunsdIctlon from their offiCIal responsibIlItIes for the Notlee 1.03 Desil.mated Election Official. The JunsdlctlOn deSignates Wanda Sang as Its "EleetlOn Officer" to act as thl' pnmary lIaison hetween the Junsdlctlon and the Contact Officer The ElectIOn Officer shall have pnmarv responsIbIlIty for the procedures to be handled by the .IurlslhctJon. 1.04 .Jurisdictional Limitation The JUrlSdlCtlOIl enCllll1paSSes terntory \vnhll1 Jefferson County ThiS Agreement shall bc construed to apply onh tll that portIOn of the Junsdlctwll wlthll1 JeJTerson County IOS Term rhe term oftllls Agreement shall be from thc date of the last party's execution untIl December 3]. 1996 and shall apply only to the Novcmber 5. ] 996 eleetlOn. ARTICLE II DlJTIES OF THE COUNTY CLERK Z.O} County Clerk Duties The County Clerk shall perform the followlIlg dutIes for the Not,,'e f'llr the JunsdlctlOn A. Pnnt the Nlltlce exaetly as It IS submitted by the Junsdlctlon. B. Determll1e the order that the NotIce from partlCI patll1g JunsdIctlons shall be placed Il1 the Notice Package: however. matenals supplIed by the JUrl~dlctJon shall be kept together as a group and shall remaIn Il1 Ihe order ~uhmltted by the JunsdlLllOn C Mall the Ntlllle Packagl' as reqUIred by the ( ode and the Rules. The l\otlCe shall be produced and maIled hv third class rostage carner WIlle sort Nothmg herem shall preclude the County ( lerk tfllm sendllll..': the' N,'tILe or Notice Package tll persn!l'; other than electors nfthe JUrJSl!Jctlllll If such sendll1g anses lrom Ihe ( llunty Clerk'.; ef!()11s 10 mad the Notice Package at "least cost" lindeI' the Rules. No llther [WIlLe shall he maIled. I'hls mall rl.tjulrement shall constitute the '1I1h Hallut Issue Notice oblIgat!01n assllmed h\ lhe County Clerk ['l1rsuant to thiS Agreement. D. I'he County Clerk shall pnnt and mall the NotJce Package m accordance WIth the lime deadlmes mandated by Ihc Lode .uld the Rules The Count\ l Ink shall not be responslhle ; I~ i 1 ~N~ fl( )rF II _lt~L ~l K,(>F~Cf'.[)\w.-rrI~r)':L ( 2 for the faIlure to meet the ArtIcle X, SectIOn 20 constralllts If the NotIce IS not submItted by the JunsdlCtIon \vlthlll the deadlllles and form reqmred by thIS Agreement. ARTICLE III DUTIES OF .JURISDICTION 3.01 the NotIce Jurisdiction Duties The JunsdIctlon shall perform the followll1g duties for A. ProVide the County Clerk with a copy of the resolutIOn which states that the JunsdlctIon will partiCIpate III the coordinated maIling of the NotIee III accordance wIth the terms and condItions of thiS Agreement. The resolution shall further authonze the presldll1g officer of the JunsdlctIon or other deSignated person to execute thIS Agreement. B. Draft the NotIce for each Ballot Issue Ballot Questlons (as defIned 111 the Code) arc nOI reqUlred hy TABOR. the Code or the Rules to appear III the NotICe and will be lIlcluded at the Junsdlelion\ so!c dlseretlOn. The Notice shall consIst of the title. full te'a. pro and con summaries l'ach of 500 words or less. the fiscalll1formatlon reqUlred by TABOR. and such nther Il1f0f111atlon as IS reqUired by the Code The JunsdlctJOn shall have the sole responslbIllt; for draftlllg of the Notice III aLcnrdance With TABOR. the Code. and the Rules. C. SubmIt the NotIce to the County ( lerk no later than October II. 1'1% at 5 30 p.m. III computer dIskette format. D. \1eet all tUTIelllleS set forth III the Rules and the Code regardll1g the NOlice 3.02 ( ancellation of Election by the Jurisdiction. In the event that the JunsdictlOn resoh es not to hold the E]ectlOn. then notIce of such resolutIon shall be proVided to the County Clerk IlTImedwtel) The JunsdIctlOn shall wlthm thIrty (30) days promptly pay the ( ounty Clerk the full actual costs of the actIvItIes of the County Clerk relatlllg to the NotIce, IIlcludlllg WIthout limItation produclJon and maIling costs. lI1curred both before and after the County ('Ierk's receipt of such notice The JunsdIctlOn shall proVide notice by publicatIOn (as defined III the Code) of the cancellation oj the ElectIOn and a copy of the notlcc shall be posted III the Oftice nf thL County (lerk, III the office of the DeSIgnated Election OffiCIal (as defined III the Code). and. If the JunsdlctlOn IS a speCial dlstnct. 111 the office of the diVISion of local government. rhe JUrisdiction shall not cancd the I kctlon after the 2'1th day pnor to the Flection. ARTICLE IV COSTS 4.01 Payment for Nqtice of Ballot Issues rhe JUriSdIctIOn shall pa\ d Il!'O-"a1ed amount for the:: co,h to produce and mail the 1\,jotlCe. SULll pro-ratIOn shall be made based UP"11 the:: percentagL' oj houocholJ, III whlLh a registered voter reSide, who IS an ehglble decwr 01 t h . l, \.AT:""C;"':f'.;iY,(Tf,' -1-:< WHH-<DGF_ 2 , " Junsdlctlon. the number of Ballot Issues. and the number of pages and partial pages used wIthm the Notice Package for the JurisdictIOn's NotIce. m accordance WIth the formula attaehed as ExhibIt "A" In additIon. the JunsdtctlOn shall pay One Hundred Dollars ($10000) for each Ballot Issue mcluded 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 Ouestions In additIOn to the payment set forth 111 4 0 I. the JunsdIctlOn shall pay Two Hundred Dollars ($20U.UO) for each Ballot QuestIOn IIlcluded III the Notice Package. IfmcluslOn of the Ballot QuestlOn(s) mereascs 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 JunsdIctIons. 4.lB Invoice. The County shall submit to the JUriSdIction an IIlVOlce for all expenses IIlcurred under thiS Agreement and the JurisdIction shall remIt to the County the total payment upon receIpt of such IIlVOlce ARTICLE V MISCELLANEOllS S.OI Notices Any and all notices reqUIred to be given to the PartIes by thiS Agreement are deemed to have been receIved and to be etfectIve (I) three (3) days after the same shall have been mailed by certIfied mad. return receIpt requested, (2) nnmedlately 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 wntlllg To County Clerk Joan Fllz-Cierald kffersol1 CouPt) Clerk and Recordcr JetTerson County Government Center ] OU kffcrsnn County Parkway Golden. Colorado 804] 9 With a copy to Jeiferson County Attorney Jeffcr~on (nunty Govemment Center I UU JeJlerson County Parkway (j()lden. lolorado 8U419 10 JUrISdiction City of Wheat RIdge Attn \\ anda ~ang 750U W 2')th A\enue Wheat Ridge. Colorado 802] 5 5,02 Amendment rhls Agreement may be all1ended onh III wntlllg and 1()llowmg thc ~ame !ormallty as the executHlIl 01 Ihls Agreement. 'j fJ", 1 )RNf \ 'r ~ I( If~i -, K<".RCRO\'Nrnq(j(,r ;.-- 4 5.03 Integration The PartIes acknowledge that thIs Agreement constHutes the sole agreement between thcm relatmg to the subject matter hcreof and that no Party IS relYlIlg 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 pm1y agrees to lIldemmfy. defend and hold harmless the other party. Its agents, officers and employees from any and all losses, costs (lIlcludlllg attorney's fees and court costs), demands or actIOns ansmg out of or related to any actIOns. errors or omISSIons relatlllg to the dutIes and responsibIlItIes of the mdemmfYlllg party 1Il the conduct of the ElectIon. 5.05 Conflict of Agreement with Law. Impairment. In the event that any proVISIon m thiS Agreement confhcts WIth the Code. other statute or valid pnor resolutIOn duly adopted by the governlllg body of the JunsdlctlOn. thiS Agreement shall he modIfied to conform to such law or resolutIOn No subsequent resolutIon of the governmg body of the JUrlsdlctlUn shall Impair the nghts of the County Clerk or the JunsdlctIon hereunder WIthout the consent of thc other party to thIS Agreement 5.06 Time of Essence rime IS of the essence of thIS i\greement I he ~tatutor: time reqUIrements of the ( ode shall apply to eompletlOn of the tasks reqUIred by thl~ Agreement IN WITNESS WHEREOF, the Parties hereto have SIgned thIS Agreement. ATTEST CLERK AND RECORDER OF THE ('OlINTY OF JEFFERSON STA TE OF COLORADO By Joan Fltz-Gerald Date ATTEST JUR]SDICT]ON lilY OF WHEAT RIDGE C~~~ ~\(~~~2___ ( .\ Yt"3'lty Clerk j 8\ ~ ..w~ Dan Wilde. Mavor t\ ttornev (; \ATTORNr-y\()FFIUAI.\I;1 V,1:,R;J,Wh,RDGE 2 'i EXHIBIT II A II E X AMP L E o N L Y OF HOW THIS FORMULA WILL BE APPLIED. For purposes of this example, this sheet illustrates how a TABOR mailing costing $50,000 would be apportioned. Jurisdiction % Households # Issues A B (Special Dist. Forming) C D 40 o 35 20 1 5 2 3 Jurisdiction pays base cost of $100 per issue and $50 per page and partial page used: Jurisdiction # Issues Pages Used Base Cost A 1 @$ 100 12 @$ 600 $ 700 B 5 @$ SOU 6 @$ 300 $ 800 C 2 @$ 200 6 @$ 300 $ 500 D 3 @$ 300 6 @$ 300 $ 600 $1100 $1500 $2600 Total cost of TABOR mailing $50,000 - 2,600 Base Cost $47,400 Determine weighted average factors by multiplying the percentage o~ 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: Jurisdicti01> A 40 divided by 170 x $47,400 B 0 divided by 170 x $47,400 C 70 divided by 170 x $47,400 D 60 divided by 170 x $47,400 ;11,152.94 o 19,:'17.65 16,729.41 ~47,4UO.00 JURISDICTION TOTAL COST: Jurisdiction Base + Weighted Share JurisdicLion Cost Share Total B $ 700 800 500 600 -; $11,152.92 o ~11, 852. ')4 A + nuo .1)(' c 1'),517.65 20, U17.1 [) -t lG,72fJ.<1l I-j , .~ .)'1..1] $2,600 , ,17, 400.00 Sfl, [11)0. i)(_ Rev. 3/96