HomeMy WebLinkAbout940830.tiff RESOLUTION
RE: APPROVE FORM FOR TABOR ONLY VERSION OF MEMORANDUM OF INTERGOVERNMENTAL
AGREEMENT FOR CONDUCT OF COORDINATED ELECTIONS AND AUTHORIZE CHAIRMAN TO
SIGN AGREEMENTS WITH VARIOUS ENTITIES
WHEREAS, the Board of County Commissioners of Weld County, Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested
with the authority of administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a form for the TABOR Only
Version of Memorandum of Intergovernmental Agreement for Conduct of Coordinated
Elections, to be executed between the Board of County Commissioners of Weld
County on behalf of the Weld County Clerk and Recorder, and various entities
throughout Weld County, concerning the administration of the November 8, 1994,
election, with the terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve the form of
said agreement, a copy of which is attached hereto and incorporated herein by
reference, and authorize the Chairman to sign agreements with various entities.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the form for the TABOR Only Version of Memorandum of
Intergovernmental Agreement for Conduct of Coordinated Elections, to be executed
between the Board of County Commissioners of Weld County on behalf of the Weld
County Clerk and Recorder, and various entities throughout Weld County,
concerning the administration of the November 8, 1994, election, be, and hereby
is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign said agreements.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 7th day of September, A.D. , 1994.
BOARD OF COUNTY COMMISSIONERS
ATTEST: J � WELD /COUNTY, COLORADO
Weld County Clerk to the Board ///,/ 4/I
1jt°Jiii
�� W. H. Web ter, C air n
BY: eer
Deputy Clerk to the Bo Dale ., Hal , P o-/,
APPROVED AS TO FORM: � _ Cr� ,iG21-
George,Baxter
f -JJ.S
County Att rney Con ance L. Harbert
Nit
Barbara J. Kirkm er
940830
-1-433.9.& o %/Li1
kk ts
INTERGOVERNMENTAL AGREEMENT
Regarding Article X, Section 20 (3) (b) Notices
This Intergovernmental Agreement ("Agreement") is made and
entered into this 2 day of S97c7'1"- , 1994 , by and
between the Weld County Clerk and Recorder "County" Clerk and the
Weld County Board of County Commissioners, Weld County, Colorado,
collectively ("County") and Water Valley Metropolitan District No.
1 ("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 29-1-103 , 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. "
940830
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
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.
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 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
2
940830
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 more active registered
electors of the City. 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) .
e. Provide the City with an itemized statement showing
the City's proportional share of the actual cost of
performing the services described herein.
2 . The Jurisdiction shall perform the following activities:
a. Accept written 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 .
b. Pay the City's proportional share of the actual
costs shown in the itemized statement provided to
the City by the County Clerk either directly to the
3
94fR2n
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, 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;
4
o4ns»n
fax number 353-1964 ; address P.O. Box 459 , Greeley,
Colorado 80632 . Notice shall be given by the
County to the Jurisdiction to Donette Hunter,
Assistant Designated Election Official:
Phone (303) 773-1666
Fax Number (303 ) 773-1883
Address 8055 E. Tufts Avenue Parkway
Suite 1150 , Denver, Colorado 80237
d. The Election Resolution for Water Valley
Metropolitan District No. 1 shall be attached
hereto and incorporated herein.
IN WITNESS WHEREOF, the Parties hereto have signed this
Agreement to be effective as of the date first written above.
WELD COUNTY, COLORADO
By By' O cL' Q An&A 4P.? .( e h ILkQ ri
Des gna ed Ele ti Official Count Clerk and Recorder
ATTEST: / By (/ ( / (fin I h X ).,: ( 'tr ( ,' i
c air, County Commissioner
ATTEST: aaW
' /V t'a &/?
4A 6712---170/40
Deputy Clerk to thaas
APP AS TO LEGAL ASLEGALFO
WVMD- AGRT\MC144001.094
0285.0009
5
940830
ELECTION RESOLUTION FOR WATER VALLEY METROPOLITAN DISTRICT NO. 1
WHEREAS, the proposed Water Valley Metropolitan District No.
1 (the "District") is being organized as a special district
pursuant to Article 1 of Title 32 and will be located entirely
within Weld County; and
WHEREAS, the Petitioners for the District, in anticipation of
the entry of an Order of the District Court in and for Weld County,
Colorado, directing that the question of organizing the District be
submitted at an election, desire to take all actions necessary and
proper in anticipation of conducting such election on November 8,
1994 ; and
WHEREAS, such an election must be conducted pursuant to the
Special District Act and the Uniform Election Code of 1992 and must
also comply with Article X, Section 20 of the Colorado
Constitution; and
WHEREAS, it is anticipated that such election will be held for
the purpose of submitting the question of organizing the District
as well as certain ballot issues to the District' s electors; and
WHEREAS, the firm of Ankele, Icenogle, Norton & White, P. C. is
general counsel to the Petitioners for the organization of the
District;
NOW, THEREFORE, for the purpose of notifying Weld County of
these preparations and of taking all action necessary and proper in
anticipation of conducting said election, the Petitioners state:
1 . Pending entry of an appropriate District Court order, the
Petitioners for the District hereby state that the District shall
seek to conduct an election on November 8 , 1994 , for the purpose of
(1) submitting the question of organizing the District and electing
five members to its Board of Directors and (2) submitting certain
ballot issues to the electorate.
2 . In accord with Section 1-1-111 (2) , C.R. S. , which states
that all powers and authority granted to the governing body of a
political subdivision may be exercised by a Designated Election
Official, the Petitioners hereby designate Martin Lind, an eligible
elector of the District, as the Acting Designated Election Official
and Donette Hunter, of Ankele, Icenogle, Norton & White, P.C. , as
the Assistant Designated Election Official. The Assistant
Designated Election Official shall act as the primary contact with
the County and shall be primarily responsible for assuring the
proper conduct of the election.
3 . Without limiting the foregoing, the following specific
determinations are also made:
3
940830
A. The designated election official shall be
authorized, on behalf of the Petitioners, to enter
into an Agreement with Weld County, in the a form
incorporating such modifications as counsel for the
proposed District deems necessary, for the purpose
of coordinating the election and/or complying with
the requirements of Article X, Section 20 of the
Colorado Constitution.
b. The Petitioners hereby direct the general counsel
to the District to approve the final form of the
questions and ballot issues to be submitted to the
electors of the District and authorize the
Assistant Designated Election Official to certify
those questions to County Clerk.
4 . The Petitioners also state that Poudre Tech Aggregates, Inc. ,
8200 Eastman Park Drive, Windsor, CO 80550 shall be responsible
for the payment of any and all costs associated with the conduct of
the election, including its cancellation, if necessary, which costs
may be reimbursed as organizational costs associated with the
subsequent issue of bonds should be the District in fact be
organized.
EXECUTED THIS .2 DAY OF , 1994 .
By:
Title:
Po re Te h Aggregates, Inc.
ATTEST:
By:
� � y
Title: /' -1714,-
Poudre Tech Aggregates, Inc.
4
940830
Hello