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HomeMy WebLinkAboutResolution 2008-0042 CITY OF WHEAT RIDGE RESOLUTION NO. 42-2008 niLE: RESOLUTION NO. 42-2008 - A 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 ofa 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, 2008 (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 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 thi1~1 th da f August 2008. - ~, .I ,-rtULJ- Jerry DiTfilr , ' yor ' ATTEST: / ~2\I~~ \ crlo\. ~ Michael Snow, C~ Clerk ~~ INTERGOVERNMENTAL AGREEMENT FOR BALLOT ISSUE NOTICE THIS INTERGOVERNMENTAL AGREEMENT FOR BALLOT ISSUE NOTICE (the "Agreement") is made and entered into A11lmst: 1_1_ ,2008 by and between the CLERK AND RECORDER FOR JEFFERSON COUNTY, COLORADO (the "County Clerk") and r.Hy of Wheat: lliil"e (the "Jurisdiction"), collectively referred to as the "Parties". WITNESSETH WHEREAS, pursuant to CRS. ~29-1-203, as amended, Jefferson County and the Jurisdiction may cooperate or contract with each other to provide any function or service lawfully authorized to each; WHEREAS, Article X, Section 20(3)(b) ofthe Colorado Constitution ("TABOR") and C.R.S. ~1-7-901, et. seq., require the production of a mailed notice concerning "ballot issues" (as defined in the Uniform Election Code of 1992, CRS. Title I, as amended) (the "Code") that will be submitted to eligible voters of the Jurisdiction in connection with the general election to be held on November 4, 2008 (the "Election"); 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, for and in consideration 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 .Qga!. The purpose of this Agreement is to set forth the respective duties of the Parties in connection with the production and mailing of the Notice Package. 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 "coordinated election official" in accordance with the Code and Rules and shall participate in the production and mailing of the Notice Package and do all other things required to be done by it in accordance with the Code and the Rules. 1 The County Clerk designates Joshua B. Liss 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 primary responsibility for the coordination of the Notice Package 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 Desilmated Election Official. The Jurisdiction designates Michael Snow r.i t:v Cl erk , 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 Election procedures to be handled by the Jurisdiction. The Election Officer shall act as the "designated election official" in accordance with the Code and Rules and shall do all things required to be done by it in accordance with the Code and the Rules. The Election Officer shall be readily available and accessible during regular business hours, and at other times when notified by the Contact Officer in advance, for the purposes of consultation and decision-making on behalf of the Jurisdiction. 1.04 Jurisdictional Limitation. The Jurisdiction encompasses territory within Jefferson County, Colorado. This Agreement shall be construed to apply only to that portion of the Jurisdiction situated within Jefferson County. 1.05 ~. The term of this Agreement shall be from the date set forth above through December 31, 2008 and shall apply ouly to the Election. ARTICLE II DUTIES OF THE COUNTY CLERK 2.01 Countv Clerk's Duties. The County Clerk shall perform the following duties for the Jurisdiction: A. Print information in the Notice Package exactly as such information is submitted by the Jurisdiction. B. Determine how to order notices from participating jurisdictions 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 Package shall be produced and mailed by third class standard postage carrier route sort. Nothing shall preclude the County Clerk from sending the Notice Package to persons other than electors of the Jurisdiction if do so arises from the County Clerk's drv"l~ to mail the Notice Package at "least cost" under the Rules. No other notice shall be mailed. The obligation to mail the Notice Package shall constitute the County Clerk's only obligation under this Agreement. 2 D. The County Clerk shall print and mail the Notice 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 requirements if the Jurisdiction does not submit its notice by the deadlines and in the form required by this Agreement, the Code or the Rules. ARTICLE III DUTIES OF JURISDICTION 3.01 Jurisdiction's Duties. The Jurisdiction shall p,,"7vuu the following duties: A. Authority. Provide the County Clerk with a copy of the ordinance or resolution stating that the Jurisdiction will participate in the coordinated 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. Draft Notice. Draft its 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 its notice and will be included at the Jurisdiction's sole discretion. Such 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 by the Code. The Jurisdiction shall have sole responsibility for drafting its notice in accordance with TABOR, the Code, and the Rules. C. Submit Notice. Submit such notice to the County Clerk no later than September 23,2008 at 3:00 p.m. via email, CD or diskette format. D. with its notice. Other. Meet all timelines set forth in the Rules and the Code in connection 3.02 Cancellation of Election bv the Jurisdiction. If the Jurisdiction resolves not to hold the Election, then written notice shall be delivered to the Contact Officer immediately; provided, however that the Jurisdiction shall not cancel the Election after the 25th day prior to the Election. If the Jurisdiction cancels the Election, it shall pay the County Clerk its actual costs relating to the Election, which may include costs incurred both before and after receipt of the Jurisdiction's notice of cancellation, within 30 days after cancellation. 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 oflocal government. 3 ARTICLE IV COSTS 4.01 Pavment for Notice of Ballot 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 an eligible elector of the Jurisdiction, 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 set forth in Exhihit 1\, which is attached to, and incorporated into, this Agreement; provided, however, that a special district's pro-rated share shall be based upon the total number of households within Jefferson County and not merely the number of households within such district. In addition, the Jurisdiction shall pay $100.00 for each ballot issue and 50.00 for each page or partial page on which the Jurisdiction's notice appears. 4.02 Pavment for Notice of Ballot Ouestions. In addition to the payment set forth in 4.01 above, the Jurisdiction shall pay $200.00 for each ballot question included in the Notice Package. If inclusion of a ballot question increases the cost to produce or mail the Notice Package, the Jurisdiction shall also pay 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 due upon receipt. Any amount not paid within 30 days after receipt will be subject to an interest charge at the lesser of 1 Yz% per month or the highest rate permitted under law. ARTICLE V MISCELLANEOUS 5.01 Notices. All notices required to be given under this Agreement are deemed to be received and effective: (1) three days after the same is mailed by first class, certified mail, return receipt; (2) immediately upon hand delivery; or (3) inunediately upon confirmation of receipt during regular business hours if sent via facsimile; to the address of the Parties as set forth below or to addresses as may be designated by a Party hereafter in writing. To the County Clerk: Pamela Y. Anderson Jefferson County Clerk and Recorder 100 Jefferson County Parkway, Suite 2560 Golden, Colorado 80419 Fax: (303) 271-8197 with a copy to: Jefferson County Attorney's Office 100 Jefferson County Parkway, Suite 5500 Golden, Colorado 80419 Fax: (303) 271-8901 4 To Jurisdiction: City of Wheat Ridge 7~OO WeRt: 29t:h Avenue -Hheet: ~iilge CO ROO~~ (3031235-2816 Fax: (~O~)234-~q?4 5.02 Amendment. This Agreement may not be modified or amended except in a writing signed by the Parties. 5.03 Entire Al!reement. This Agreement and its Exhibits constitute the entire agreement between the Parties as to the subject matter hereof and supersede all prior or contemporaneous agreements, proposals, negotiations, understandings, representations and all other communications, both oral and written, between the Parties. 5.04 Indemnification. To the extent permitted 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 negligent actions, errors or omissions of the indemnifying party in connection with the transactions contemplated by this Agreement. 5.05 Conflict of Aneement with Law. Imnairment. If any provision in this Agreement conflicts with the Code, Rules, statute or resolution or ordinance duly adopted by the Jurisdiction, this Agreement will be modified to conform thereto. No subsequent resolution or ordinance of the Jurisdiction shall 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 this Agreement. 5.07 No Third Partv Beneficiaries. Enforcement of the terms 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 any other person or entity not a party to this Agreement. 5.08 Further Assurances. The Parties shall execute any other documents and to take any other action necessary to carry out the intent of this Agreement. 5 5.09 Governing Law: .Jurisdiction & Venue. This Agreement and the rights of the Parties under it will be govemed by, and construed in accordance with, the laws of the State of Colorado, without regard to the conflicts oflaws rules of Colorado. The courts of the State of Colorado shall have sole 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 County of Jefferson, State of Colorado. 5.10 Headinl!s. The section headings in this Agreement are for reference only and shall not effect the interpretation or meaning of any provision of this Agreement. 5.11 Counternarts. This Agreement may be executed in counterpart, each of which will be deemed an original. Delivery of an executed signature page of this Agreement by facsimile or email transmission will constitute effective and binding execution and delivery of this Ao""<-ment. 5.12 Severabilitv. If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, void or unenforceable, such provision shall be deemed to be severable, and all other provisions of this Agreement shall remain fully enforceable, and this Agreement shall be interpreted in all respects as if such provision were omitted. 5.13 Immunities Preserved. It is the intention of the parties that this Agreement shall not be construed as a contractual waiver of any innnunities or defenses provided by the Colorado Governmental Immunities Act, ~24-1O-101, C.R.S, et. seq. [Signatures appear on following page.] 6 IN WITNESS WHEREOF, the Parties have signed this Intergovernmental Agreement for Ballot Issue Notice as of the date set forth above. J.t;l' l' .t;RSON COUNTY CLERK AND RECORDER ~y JURISDICTION: B./l1~l~ Name: Michael Snow Title: City Clerk APPROVED AS TO FORM FOR THE COUNTY CLERK: By B r~oO A'~ Assistant CountY Attorney B Name: Jerry Dahl City Attorney EXHIBIT A PRO RATA COST FORMULA .I!flS EXHfflIT IS FOR PURPOSES OF ILLUSTRATION ONLY. The below example assumes a Notice Package with a total cost of $50,000. Jurisdiction A B C D % Households 40 o (Spec. Dist. forming) 35 20 # Issues 1 5 2 3 Each jurisdiction pays a base cost of $1 00 per ballot issue and $50 per page and partial page: Jurisdiction A B C D # ofTssues 1 @ $100 5 @ $500 2 @ $200 3 @ $300 $1100 )'alleS Used 12 @ $600 6 @ $300 6 @ $300 6 @ $300 $1500 Base Cost $700 $800 $500 $600 $2600 Total cost of Notice Package $50,000 - $2600 Base Cost $47,400 Determine weighted average factors by multiplying the percentage of registered voter households by the number of issues: Jurisdiction A B C D % Householdli x 40 o 35 20 # Issues 1 5 2 3 = 40 o 70 60 170 $47,400 left to al'l'v.~;on by utilizing weighting factors: Jurisdiction A B C D 40 divided by 170 x $47,400 o divided by 170 x $47,400 70 divided by 170 x $47,400 60 divided by 170 x $47,400 = $11,152.94 o $19,517.65 $16.729.41 $47,400.00 = = = TOTAL COST BY nJRTSDICTTON:: Jurisdiction A B C D Base + $700 $800 $500 $600 $2600 Weig:hted Share $11,152.94 o $19,517.65 $16.729.41 $47,400.00 = Prorated Cost Total $11,852.94 $ 800.00 $20,017.65 $17.329.41 $50,000.00