HomeMy WebLinkAbout930893.tiff RESOLUTION
RE: APPROVE TABOR NOTICE VERSION OF THE FORM OF INTERGOVERNMENTAL AGREEMENT
WITH CITY OF GREELEY AND AUTHORIZE CHAIRMAN TO SIGN
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,, by Resolution on August 2, 1993, the Board approved the form of
a Memorandum of Intergovernmental Agreement for Conduct of Coordinated Elections
for contract with the Board of County Commissioners of the County of Weld and the
Weld County Clerk and Recorder concerning the administration of the November 2,
1993, coordinated mail ballot election, and
WHEREAS, the Board has been presented with the TABOR notice version of the
Intergovernmental Agreement for Conduct of Coordinated Elections with the City
of Greeley, and
WHEREAS, after review, the Board deems it advisable to approve said
agreement, a copy of which is attached hereto and incorporated herein by
reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the TABOR notice version of the Intergovernmental
Agreement for Conduct of Coordinated Elections with the City of Greeley be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following J� vote on the 1st day of September, A.D. , 1993.
��� BOARD OF COUNTY COMMISSIONERS
ATTEST:
/ WELD COUNTY, COLORADO
Weld County Clerk to the Board
i
Constance L. Harbert, Chairman
BY:�,yf� /lf,,� �.�_ EXCUSED
Deputy Cle k to the B \ W. H. bster, Prq-Tem
APPROVE TO FORM: ‘,,f2 2---Zr C;
eorg Ba ter
70(
tyAttorney Dale K. Hall
�� J /(/ rzA
Barbara J. Kirkmey�r
930893
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INTERGOVERNMENTAL AGREEMENT
This Intergovernmental Agreement ("Agreement") is made and
entered into this day of , 1993, 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 City of Greeley ("City") , 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 "City" 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 8 C.C.R. 1505-1 (5. 6) requires
the production of a mailed notice ("TABOR notice") concerning
certain ballot issues that will be submitted to the electors of the
"City" .
WHEREAS, this city has not requested the County Clerk to
administer the electors as a full coordinated mail ballot 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 "City" 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 2 , 1993 .
NOW THEREFORE, the Parties agree as follows:
1. The County Clerk shall perform the following services and
activities for the City' s election:
a. Determine the "least cost" method for mailing the
TABOR notice package.
930893
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 supplied by the City
shall be kept together as a group and in the order
supplied by the City.
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
City 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. 1-40-125.
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 City shall perform the following activities:
a. Provide to the County Clerk the final text and order
of all required TABOR notices concerning City ballot
issues in the time and manner required by the Code
and the regulations, 8 C.C.R. 1505-1 (5.4) .
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
County Clerk or to such vendors or subcontractors
as the County Clerk may designate.
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 City within Weld County, with a $100
minimum, provided further that if no registered electors
of the City 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.
930893
4 . 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 City to the County Clerk
at phone: 353-3840, extension 3100; fax number 353-
1964 ; address P. O. Box 459 , Greeley, CO 80632 . The
City notice shall be given to the City at phone:
350-9742 ; fax number 350-9736; address City Clerk' s
Office, 1000 10th Street, Greeley, CO 80631.
IN WITNESS WHEREOF, the Parties hereto have signed this
Agreement to be effective as of the date first written above.
CITY OF GREELEY, COLORADO WELD COUNTY, COLORADO
by -�c by/ f7 17GG(f1i4 AXGL-,-r
Mayor Count Clerk and Recorder
ATTEST: by�
Chair, County Commissioners
City C erk ATTEST: LIM%
I1xuty Board
APPROVED AS TO SUBSTANCE: Deputy erk to the Board
City Manager
APPROVED AS TO LEGAL FORM:
City Attorney
930893
CITY OF GREELEY, COLORADO
RESOLUTION NO. 40 , 1993
A RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF GREELEY TO ENTER
INTO AN INTERGOVERNMENTAL AGREEMENT WITH WELD COUNTY FOR
DISTRIBUTION OF ELECTION NOTICES
WHEREAS, pursuant to Colorado Constitution Article XIV,
Section 18 (2) (a) , and Section 29-1-203 , C.R.S. , as amended, the
County Clerk and a municipality 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 requires
the production of a mailed notice concerning certain ballot issues
that will be submitted to the electors of the City of Greeley; and
WHEREAS, the election notices of several jurisdictions are to
be sent as a package where jurisdictions overlap; and,
WHEREAS, the need to produce the election notice package
requires that there be county-wide coordination of the production
and mailing of the election notice package to effectuate the
purposes of said constitutional section; and,
WHEREAS, the County Clerk and Recorder of Weld County and the
City of Greeley desire to set forth their respective
responsibilities in the production and mailing of the election
notice package in connection with the election to be held on
November 2, 1993 ; and,
WHEREAS, this intergovernmental agreement is allowed under
City Charter section 3-7.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF GREELEY AS FOLLOWS:
1. The Mayor is hereby authorized to enter into the attached
intergovernmental agreement with the County of Weld for
distribution of election notices.
2 . This Resolution shall become effective immediately upon
its passage.
930 �
PASSED AND ADOPTED, SIGNED AND APPROVED this 17th day of
August, 1993 .
CITY OF GREELEY, COLORADO
William J. rton, Mayor
ATTEST:
4/Ai Betsy D. ' ol4-ficit
City Clerk
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