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HomeMy WebLinkAboutResolution-2004-0021 RESOLUTION NO. 21-2004 SERIES of 2004 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, 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 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 administration of the parties' respective duties concerning the requirement of a mailed notice concerning Tabor Issues ATTEST DONE AND RESOLVED on this 23th day of AUQUst, 2004 , (, / . 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I etchen Cerveny, Mayor \ , I , I 0/ INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is made and entered mto this 23rd day of August, 2004, by and between the CLERK & RECORDER FOR THE COUNTY OF JEFFERSON, STATE OF COLORADO ("County Clerk") and the CITY OF WHEAT RIDGE ("Jurisdiction"), collectively referred to as the "Parties" WITNESSETH WHEREAS, pursuant to SectIon 29-1-203, C.R.S., as amended, the County and the JunsdlctlOn 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") concernmg Ballot Issues as defined in the Umform Election Code of 1992, Title I, C.R.S , as amended (the "Code") that will be submitted to eligible voters of the JunsdlctlOn; and WHEREAS, the Notices of several jurisdictIOns are to be sent as a package where such Junsdictions overlap ("Notice Package"); and WHEREAS, the County Clerk and the JurisdIction deSire to set forth their respective responsibilities m the production and mailing ofthe Notice Package m connectIOn With the ElectIOn. NOW, THEREFORE, for and in consideration of the promises herem contamed, 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 mall the Notice Package for the Election. Nothmg contained in this Agreement IS Illtended to expand the duties of the County Clerk beyond those dutIes set forth III the Code or the current Rules and Regulations Governmg 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 the Rules and as such shall mail the Notice Package for the Junsdlctlon for all matters m the Code and the Rules which require action by the Coordmated Election OffiCial C:\DOCUMENTS AND SETTINGSICJONES\MY DOCUMENTSIMISCELLANEOUS\TABOR-04.DOC The County Clerk designates Susan Miller as the "Contact Officer" to act as the pnmary liaison between the County Clerk and the Junsdiction. 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 JurisdictIOn and completion of procedures assigned to the County Clerk hereunder Nothlllg herein shall be deemed or construed to relieve the County Clerk or the Junsdlction from theIf official responsibilities for the Notice. 1.03 Desig:nated Election Official. The Jurisdiction deSignates p!\ \:\ A k\(\t:. tSOU 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 JunsdlctlOn. 1.04 Jurisdictional Limitation. The Jurisdiction encompasses temtory with III Jefferson County This Agreement shall be construed to apply only to that portIOn of the JurisdictIOn wlthlll Jefferson County, 1.05 Term. The term of this Agreement shall be from the date of the last party's executIOn until December 31, 2004 and shall apply only to the 2004 general election. ARTICLE II DUTIES OF THE COUNTY CLERK 2.01 County Clerk Duties. The County Clerk shall perform the followlllg duties for the Notice for the Junsdlction. A. Pnnt the Notice exactly as It IS submitted by the Jurisdiction. B. Determme the order that the Notice from partlclpatlllg Junsdlctlons shall be placed m 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 camer route sort. Nothmg herein shall preclude the County Clerk from sending the Notice or Notice Package to persons other than electors of the Junsdlction If such sendlllg anses 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 III accordance with the time deadlllles mandated by the Code and the Rules. The County Clerk shall not be responsible for the failure to meet the Article X, Section 20 constraints if the Notice IS not submitted by the Jurisdiction with III the deadlines and form required by thiS Agreement. , 2 C:IDOCUME-1\CJONES\LOCALS-1\ TEMPIT ABOR-04, DOC ARTICLE III DUTIES OF JURISDICTION 3.01 the Notice' Jurisdiction Duties. The Junsdlction shall perform the followlllg duties for A. PrOVide the County Clerk with a copy of the resolutIOn which states that the Junsdlction will participate in the coordmated mailmg of the Notice in accordance with the terms and condltlOns of this Agreement. The resolution shall further authorize the presldlllg officer of the Junsdlctlon or other designated person to execute thiS Agreement. B. Draft the Notice for each Ballot Issue. Ballot Questions (as defined m the Code) are not reqUired by TABOR, the Code or the Rules to appear in the Notice and wIll be Illcluded at the Junsdlction'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 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 21, 2004 at 3'00 p.m. III computer diskette format. D. Meet all time lInes set forth m the Rules and the Code regardlllg the Notice 3.02 Cancellation of Election by the Jurisdiction In the event that the Junsdlction resolves not to hold the Election, then notice of such resolutIOn shall be proVided to the County Clerk immediately The Junsdlction shall wlthlll thirty (30) days promptly pay the County Clerk the full actual costs of the actlVltles of the County Clerk relating to the Notice, mcludlllg Without lImitatIOn production and maIling costs, mcurred both before and after the County Clerk's receipt of such notice The Junsdiction 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 m the Office of the County Clerk, in the office of the Designated Election OffiCial (as defined III the Code), and, If the Junsdlctlon IS a special dlstnct, III the office of the diviSIOn oflocal government. The Junsdiction shall not cancel the Election after the 25th dav pnor to the Election. ARTICLE IV COSTS 4.01 Payment for Notice of Ballot Issues. The JunsdictlOn 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 m 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 wlthlll the Notice Package for the Junsdlction's Notice, III accordance with the formula attached as Exhibit "A" A speCial district's pL-ratedpayment will be based upon the total number of households wlthm 3 C:IDOCU ME-1 ICJONES\LOCALS-1 ITEMPIT ABOR-04, DOC Jefferson County and not merely the number of households within the distnct. In addition. the Jurisdiction shall pay One Hundred Dollars ($100 00) for each Ballot Issue included 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 Questions. In addition to the payment set forth in 4 01, the Jurisdiction shall pay Two Hundred Dollars ($200 00) for each Ballot QuestIOn mcluded III the Notice Package. IfmcluslOn of the Ballot Question(s) mcreases the cost to produce and/or mail the Notice Package, the Junsdlction shall also pay for a pro-rated amount based upon the total number of Ballot Questions submitted by all Junsdictions. 4.03 Invoice. The County shall submit to the JurisdictIOn an mvoice for all expenses incurred under thiS Agreement and the Jurisdiction shall remIt to the County the total payment upon receIpt of such Illvoice. 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 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 wntmg. To County Clerk. Faye Gnffin 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 JunsdlctlOn. ((\'1 ~)f \)Jt\\:f\\ YIC\r,l: 4 C:\DOCUME-1 ICJONESILOCALS-1 \ TEMP\T ABOR-04 .DOC 5.02 Amendment. This Agreement may be amended only m wntlllg and followmg the same formality as the executIOn of this Agreement. 5.03 Inte2ration. The PartIes acknowledge that this Agreement constitutes the sole agreement between them relating to the subject matter hereof and that no Party IS relYlllg 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 mdemmfy, defend and hold harmless the other party, its agents, officers and employees from any and all losses, costs (mcludmg attorney's fees and court costs), demands or actions arismg out of or related to any actions, errors or omISSIOns relatmg to the duties and responsiblhtles of the mdemmfymg party m the conduct of the ElectIOn. 5.05 Conflict of Ag:reement with Law, Impairment. In the event that any provlSlon in thIS Agreement conflIcts with the Code, other statute or valid pnor resolutIOn duly adopted by the govermng body of the Junsdictlon, thiS Agreement shall be modified to conform to such la", or resolution. No subsequent resolutIOn of the governing body of the JUflsdlctlOn 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 STATE OF COLORADO , )11 'l J:~~l ) .' (jJ i' '! ;( \ By !flJcd /J~ (-1/3 f! Clu0/0JcjJ Faye Griffin ) - ' Date 8 :J/ -()I-/ APPROVED AS TO FORM 5 C:\DOCUME-1 ICJ ONESILOCALS-1 ITEMPIT ABOR-D4 .DOC ATTEST. CITY OF WHEAT RIDGE Date August 23,2004 ~~ mela Anderson, City Clerk APPROVED AS TO FORM. ~-kflefi/~ Gerald Dahl, City Attorney 6 C:IDOCUMENTS AND SETIlNGSICJONESIMY DOCUMENTSIMISCELLANEOUS\TABOR-04DOC