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HomeMy WebLinkAboutResolution-1998-1675 RESOLUTION NO. 1675 Series of 1998 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 3,1998. 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 provlde any function or service lawfully authonzed to each. and WHEREAS, Article X, SectIOn 20(3)(b) of the Colorado Constltutlon ("TABOR") and SectIOn 1-7-90 I, et seq, C.R.S required the production of a mailed notice ("Notice") concernmg Ballot Issues as defined m the Uniform Election Code of 1992, Title J, C R.S., as amended (the "Code") that will be submJtted to eligible voters of the City of Wheat Ridge; and WHEREAS, the Notices of several junsdlctlOns are to be sent as a package where suchjunsdictions overlap ("Notice Package"); and WHEREAS, the County Clerk and the City of Wheat Ridge deSire to set forth their respectlve responsibihties m 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 appropnate City Officials are hereby authonzed to execute the Intergovernmental Agreement by and between the City of Wheat Ridge and the County of Jefferson regarding the mail1l1g of notices relating to the CIty of Wheat Ridge's election to be held on November 3, 1998 ("Election").. DONE AND RESOLVED on thiS 10th day of August ,1998 . >-.-- '. r l , ,..' '" fl' , , . ~ ''''(}~etchen Cerveny, Mayor ATTEST \1 )1," :>(," . '-',_ Wanda Sang, City Clerk' INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is made and entered into this 10th day otugu~1998, by and between the CLERK & RECORDER FOR THE COUNTY OF JEFFERSON, STATE OF COLORADO ("County Clerk") and CITY OF WHEAT RIDGE ("Jurisdiction"), collectively referred to as the "Parties," for the administration of their respective duties concerning the mailing of notices relating to the Jurisdiction's election to be held on November 3,1998 ("Election"). 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 Coordmated Election OffiCial in accordance with the Code and the Rules and as such shall mail the M: \GROUPS\A TfORN EY\OFFICIAL \CLK&RCRD\WRIDGE 2 .IGA 1 Notice Package for the JurisdIction for all matters in the Code and the Rules which require action by the Coordinated Election Official. The County Clerk designates Catherine Molleck 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 Desienated Election Official. The Jurisdiction designates Wanda Sang, City Clerk, 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 31,1998 and shall apply only to the November 3,1998 election. ARTICLE II DUTIES OF THE COUNTY CLERK 2.01 County Clerk Duties. The County Clerk shall perfonn 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 M :\GROUPS\A TrORNEY\OFFrCIAL \CLK&RCRO\WRfDGE 2 .IGA 2 for the fmlure 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. ARTICLE III DUTIES OF JURISDICTION 3.01 the Notice. Jurisdiction Duties. The Jurisdiction shall perform 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 inc1uded 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 22, 1998 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 III 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 10cal 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 M: \GROUPS\A.TTORNEY\OFFICIAL \C LK&RCRD\WRI DGE 2. IGA 3 the Jurisdiction, the number of Ballot Issues, and the number of pages and partial pages used withm the Notice Package for the Jurisdiction's Notice, in accordance with the formula attached as Exhibit "A". A specIal distnct's pro-rated payment will be based upon the total number of households within Jefferson 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 Jurisdiction's Notice appears. 4.02 Payment for Notice of Ballot Questions. 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. 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: (I) 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: Joan Fitz-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 M: \GROUPS\A TTORNE'r\OFFIC1AL \CLKc.RCRO\WRI DGE 2. lGA 4 5.02 Amendment. This Agreement may be amended only m writmg 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 perrmtted 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 Junsdlction 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 ST ATE OF COLORADO ~~\\A~ By ~ ~~:~ JoafFitz-Geral 1 /../ Date f, 1717() M: \GROUPS\A TTORN EY\OFFICIAL \CLK&RCRD\WRI DGE 2 ,IGA 5 ATTEST: vv~ J~ APPROVED AS TO FORM: t~I//~ Jean L. ar~ Assistant County Attorney M: \GROUPS\A TTORN EY\OFF1CIAL \CLK&RCRD\WRI DGE 2 .IGA JURISDICTION CITY OF WHEAT RIDGE 6