HomeMy WebLinkAbout940879.tiff INTERGOVERNMENTAL AGREEMENT
Regarding Article X, Section 20(3)(b) Notices
This Intergovernmental Agreement ("Agreement") is made and entered into this
9th day of September , 1994, by and between the Weld County Clerk and
Recorder "County" Clerk and the Weld County Board of County Commissioners, Weld County,
Beebe Draw Farms Metropolitan
Colorado collectively "Coup and District a Coolorado quasi— )
("County")) muniri aj ror oration ("Jurisdiction"),
collectively all referred to herein as the "Parties," for the administration of their respective duties
concerning distribution of notices concerning certain ballot issues required pursuant to Colorado
Constitution, Article X, Section 20(3)(b).
WITNESSETH
WHEREAS, pursuant to Colorado Constitution Article XIV, Section 18(2)(a), and 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, service or facility lawfully authorized to each, and any
such contract may provide for the sharing of costs, the imposition of taxes, and incurring of
debt; and,
WHEREAS, Colorado Constitution Article X, Section 20 as implemented by C.R.S. 1-
40-125, and 1-7-901, et seq. requires the production of a mailed notice ("TABOR notice")
concerning certain ballot issues that will be submitted to the electors of the "Jurisdiction".
WHEREAS, this Jurisdiction has not requested the County Clerk to administer the
electors as a full coordinated election administered by the Weld County Clerk and Recorder.
WHEREAS, the TABOR notices of several jurisdictions are to be sent as a package
where jurisdictions overlap ("TABOR notice package"); and
t 'Al-oo iI 940A79
WHEREAS, the need to produce the TABOR notice package requires that there be
county-wide coordination of the production and mailing of the TABOR notice package to
effectuate the purposes of said constitutional section; and
WHEREAS, the "County" and the "Jurisdiction" desire to set forth their respective
responsibilities in the production and mailing of the TABOR notice package in connection with
the election to be held on November 8, 1994.
NOW THEREFORE, the Parties agree as follows:
1. The County Clerk shall perform the following services and activities for the
Jurisdictions election:
a. Determine the "least cost" method for mailing the TABOR notice package.
Jurisdiction
b. Combine the text of the TABOR notice produced by the City with those
of other jurisdictions to produce the TABOR notice package. The County
Jurisdiction
Clerk may determine the order of the TABOR notice submittal by the City
and those of other jurisdictions to be included in the TABOR notice
package; provided, however, that the materials supplied by the Jurisdiction
shall be kept together as a group and in the order supplied by the
Jurisdiction.
c. Address the package to "All Registered Voters" at each address of one or
Jurisdiction.
more active registered electors of the O47. Nothing herein shall preclude
the County Clerk from sending the TABOR 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 TABOR notice package at "least
cost."
d. Mail the TABOR notice package, as required by the Uniform Election
Code of 1992 ("Code") specifically including C.R.S. Section 1-40-125 and
1-7-906(1).
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Jurisdiction Jurisdiction's
e. Provide the Otlty with an itemized statement showing the City
proportional share of the actual cost of performing the services described
herein.
2. The Jurisdiction shall perform the following activities:
a. Accept mitten comments and transmit to the County Clerk the final text
and order of all required TABOR notices concerning Jurisdiction ballot
issues in the time and manner required by the Code at C.R.S. Section 1-7-
901 through 904.
Jurisdiction's
b. Pay theX$tity's proportional share of the actual costs shown in the itemized
Jurisdiction
statement provided to the Xitity by the County Clerk either directly to the
County Clerk or to such vendors or subcontractors as the County Clerk
may designate.
c. Mail notice, if required, to any active registered electors who do not
reside within the County of Weld pursuant to Section 1-7-906(2), C.R.S.
3. As used in this agreement, "proportional share of the actual costs" shall mean an
amount calculated as follows:
Ten cents per registered elector residing within that portion of the Jurisdiction
within Weld County, with a $100 minimum, provided further that if no registered
electors of the Jurisdiction reside within Weld County, there shall be no charge.
Registered voters shall be determined as of the cut-off date for eligibility to vote
in the election.
4. General provisions.
a. No portion of this Agreement shall be deemed to create a cause of action
with respect to anyone not a party to this Agreement, nor is this
Agreement intended to waive any privileges or immunities the parties,
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their officers, or employees may possess, except as expressly provided in
this Agreement.
b. This constitutes the entire agreement of the parties and no amendment may
be made except in writing approved by the parties.
c. Notice shall be given by the Jurisdiction to the County Clerk at phone:
353-3840, extension 3100; fax number 353-1964; address P.O. Box 459,
Greeley, Colorado 80632. The Jurisdiction notice shall be given to the
County:
Phone (303) 986-1551
Fax Number (303) 986-1755
390 Union Boulevard, Suite 400, Denver, Colorado, 80228
Address
IN WITNESS WHEREOF, the Parties hereto have signed this Agreement to be effective
as of the date first written above.
WELD COUNTY, COLORADO
By By7au4t A -W 4-Q�
C my Cler and Recorder
ATTEST: By iii ,a'
Ch ' , Cou trim sion r 0€1//9/W
ATTEST:
Deputy C er to the Board
APPROVED AS TO LEGAL FORM:
e� /Z_t R''AnnW4�ARMS TROPo ITAN D TRICT
Br t amc
Designated Election Official
C:\WPFILES\ELECTIONUGAGMT.JUR
940879
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