HomeMy WebLinkAbout930894.tiff RESOLUTION
RE: APPROVE TABOR NOTICE VERSION OF THE FORM OF INTERGOVERNMENTAL AGREEMENT
WITH CITY OF DACONO 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 Dacono, 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 Dacono 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 vote on the 1st day of September, A.D. , 1993.
BOARD OF COUNTY COMMISSIONERS
ATTEST: /a4/47),17/6444 WELD L COUNTY, COLORADO
to / �/�
Weld County Clerk to the B �ti��T� vy'
Constance L. Harbert, Chairman
BY: EXCUSED
Deputy Clerl to the rd W. H .Webster, P o-Tem
APPROVED AS TO FORM:
eorggJE. Baxter
ounty Att rney '— Dale K. Halle J
1111-4AA- I / ' /vd'//7Z.Ctierti
arbara J. Kirkmeye - O
930894
INTERGOVERNMENTAL AGREEMENT
This Intergovernmental Agreement ("Agreement") is made and
entered into this day of , 1993, by and between
the Weld County Board of County Commissioners, Weld County,
Colorado collectively ("County") and City of Dacono, Colorado
("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, Const. Colo. Art X, Sec. 20 as implemented by C.R.S.
g 1-40-124 and 8 C.C.R. 1505-1 g 5.6 requires the production of a
mailed notice ("TABOR notice") concerning certain ballot issues
that will be submitted to the electors of City; and,
WHEREAS, the 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; and,
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 Clerk 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.
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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
submitted 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 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 prelude
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 use 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 with 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 . 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
930894
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 Clerk at
phone: 353-3840. Extension 3100, fax number: 353_
1964, address: p.o. Box 459. Greeley. CO 80632;
and the City notice shall be given to the City at
phone: $33-2317, fax: 825-1256, address: p.D. Box
186. 512 Cherry Street. Dacono. CO 80514.
IN WITNESS WHEREOF, the Parties hereto hale signed this
Agreement to be effective as of the date first written above.
CITY OF DACONO, COLORADO
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By: ��/�?✓� t C—/
Chair, County Commissioners
ATTEST:I(2 11 i d% WELD COUNTY CLERK & RECORDER
County Clerk
001993/151711.b:c:Dacono\lntoruov..r
230894
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