HomeMy WebLinkAboutResolution-1997-1614
RESOLUTION NO. 1614
Series of 1997
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 4, 1997 ("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") concern ing 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 4, 1997 ("Election").
DONE AND RESOLVED on this 28th day of July
, 1997
,Jl,.'----... ! --./ dLL
Dan Wilde, Mayor
ATTE~T . L-
Jt~ .
Wanda Sang, City Clerk ~
INTERGOVERNMENT AL AGREEMENT
THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") IS made and
entered into this --2.8..t.li1ay of.Iu.4' 1997, by and between the CLERK & RECORDER FOR
THE COUNTY OF JEFFERSON, STATE OF COLORADO ("County Clerk") and CITY
OF WHEAT RIDGE ("Junsdiction"), collectIvely referred to as the "Parties," for the
admllllstratlOn of theu respectIve dutIes concernmg the maIlmg of notIces relating to the
JurisdictIOn's election to be held on November 4, 1997 ("Election")
WITNESSETH
WHEREAS, pursuant to SectIon 29-1-203, C.R.S., as amended, the County and the
Junsdiction 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")
concerlllng Ballot Issues as defined m the Uniform Election Code of 1992, Title I, C.R.S., as
amended (the "Code") that will be submitted to eligible voters of the JunsdlctIon; and
WHEREAS, the Notices of several junsdlctlOns 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 m the production and mailing of the Notice Package in connectIOn with the
Election.
NOW, THEREFORE, for and m 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 JunsdlctlOn to produce and mail the Notice Package for the ElectIOn.
Nothing contamed In thIS Agreement IS mtended 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 m accordance WIth the Code and the Rules and as such shall mail the
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Notice Package for the Junsdiction for all matters In the Code and the Rules which reqUire action by
the Coordinated 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 primary responsibihty for the coordination of the
Notice for the Junsdiction and completion of procedures assigned to the County Clerk hereunder
Nothing herein shall be deemed or construed to reheve the County Clerk or the JunsdlctlOn from their
official responsiblhtles for the Notice.
1.03 Designated Election Official. The JurisdictIOn designates Wang Sang as ItS
"Election Officer" to act as the primary liaison between the Junsdiction and the Contact Officer The
ElectIOn Officer shall have pnmary responslbihty for the procedures to be handled by the
Junsdiction.
1.04 Jurisdictional Limitation. The JurisdictIOn encompasses territory within
Jefferson County ThiS Agreement shall be construed to apply only to that portIOn of the Junsdlction
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, 1997 and shall apply only to the November 4, 1997 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 JunsdlctlOn.
B. Determine the order that the Notice from participating junsdictions shall be
placed In 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 carrier route sort. Nothing herein shall
preclude the County Clerk from sending the Notice or Notice Package to persons other than electors
of the JunsdlctlOn 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 deadhnes mandated by the Code and the Rules. The County Clerk shall not be responsible
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for the failure to meet the Article X, Section 20 constraints If the Notice is not submitted by the
JunsdictlOn within the deadlines and form reqUired by this Agreement.
ARTICLE III
DUTIES OF JURISDICTION
3.01
the Notice
Jurisdiction Duties The Junsdlctlon shall perform the following duties for
A. Provide the County Clerk with a copy of the resolutIOn which states that the
Junsdiction will participate In the coordmated maihng of the Notice m accordance with the terms and
conditions of this Agreement. The resolution shall further authorize the presldmg 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 mcluded
at the JurisdictIOn'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
mformation as is reqUired by the Code. The JunsdlctlOn shall have the sole responsiblhty 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 23, 1997 at
5 30 p.m. m computer diskette format.
D. Meet all time lines set forth m the Rules and the Code regarding the Notice.
3.02 Cancellation of Election by 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 withm thirty (30) days promptly pay the County
Clerk the full actual costs of the activities of the County Clerk relating to the Notice, mcluding
without hmitation production and mmlmg costs, incurred both before and after the County Clerk's
receipt of such notice The Junsdlction 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
Junsdlctlon is a special district, in the office of the diVIsion of local government. The Junsdiction
shall not cancel the Election after the 25th day pnor 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 ehgible elector of
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the JunsdlctlOn, 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 total number of households within
JetTerson County and not merely the number of households within the district. In addition, the
JurisdictIOn shall pay One Hundred Dollars ($100.00) for each Ballot Issue Included In the Notice
Package and Fifty Dollars ($50 00) for each page and partial page on which JunsdlctlOn's Notice
appears.
4.02 Payment for Notice of Ballot Ouestions. In additIOn to the payment set forth
in 401, the Junsdlction shall pay Two Hundred Dollars ($200 00) for each Ballot Question included
in the Notice Package. If inclusion of the Ballot Questlon(s) increases 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 junsdictlOns.
4.03 Invoice. The County shall submit to the Jurisdiction an invOice for all
expenses incurred under thiS Agreement and the Junsdlction shall remit to the County the total
payment upon receipt of such invOice
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
dehvery; 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:
Joan Fltz-Gerald
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 Jurisdiction:
City of Wheat Ridge
7500 W. 29th Avenue
Wheat Ridge, Colorado 80215
Attn. Wanda Sang, City Clerk
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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 relatmg 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
indemmfy, defend and hold harmless the other party, its agents, officers and employees from any and
all losses, costs (includmg attorney's fees and court costs), demands or actIOns ansing out of or
related to any actions, errors or omissions relating to the duties and responsibilities of the
indemnifying party m 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 Junsdlctlon shall
Impair the nghts 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
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APPROVED AS TO FORM:
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JURISDICTION
CITY OF WHEAT RIDGE
By 'd1~. ~c
Wanda sa;:, Cij Clerk ~
Date i c:19 9 7
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.f::)~-<-- t v~d.--.
Dan Wilde, Mayor
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S 600
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- 2.600 Sase Cc=
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$ll.l.S2 .94
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1997 - No Revision Required