HomeMy WebLinkAbout930904.tiff RESOLUTION
RE: RATIFY INTERGOVERNMENTAL AGREEMENT BETWEEN THE WELD COUNTY CLERK AND
RECORDER AND THE DEPARTMENT OF STATE, STATE OF COLORADO
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 an Intergovernmental Agreement
between the Weld County Clerk and Recorder and the Department of State, State of
Colorado, concerning the November 2, 1993 election, with further terms and
conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to ratify 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 Intergovernmental Agreement between the Weld County
Clerk and Recorder and the Department of State, State of Colorado, concerning the
November 2, 1993 election be, and hereby is, ratified.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 8th day of September, A.D. , 1993.
BOARD OF COUNTY COMMISSIONERS
ATTEST:, WELD COUNTY, COLORADO
Weld County Clerk to the Board g,4,2�ct��i azzf
Constance L. Harbert, Chairman
BY: /L�v��,..4 ,V � 'J
Deputy Clerk to the Board W. H. We ster, Pro-Te
APPROVED AS TO FORM: ��-y.l r r tiac/t
G�rge F.r Baxte
ounty Attorney Da e K. Hall J
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Barbara J. Kirkme4-z&L/44.4
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930904
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INTERGOVERNMENTAL AGREEMENT BETWEEN
THE COUNTY CLERK AND RECORDER
AND
THE DEPARTMENT OF STATE, STATE OF COLORADO
RE:Responsibilities for producing and mailing
the Notice of Election for the November 2, 1993 election
By this Intergovernmental Agreement concerning responsibilities for the November 2, 1993
election, executed on the date last recorded below, between the undersigned County Clerk and
Recorder, hereafter referred to as "County Clerk", and the Department of State, State of Colorado,
hereafter referred to as"State",collectively as the"Parties", the Parties agree to cooperate and contract
for the purpose of producing and mailing the Notice of Election; and
WHEREAS, Article X, Section 20 of the Colorado Constitution requires the production of a
mailed notice of the ballot issues to be determined for the State that are subject to the requirements
of the constitutional section ("Amendment 1 Notice"); and
WHEREAS, the Amendment 1 notices of several jurisdictions are to be sent as a package
where jurisdictions overlap ("Amendment 1 Notice Package'); and
WHEREAS, the need to produce the Amendment 1 Notice Package requires that there be
county-wide coordination of the production and mailing of the Amendment 1 Notice Package to
effectuate the purposes of the constitution section; and
WHEREAS, the Parties desire to set forth their respective responsibilities in the production
and mailing of the Amendment 1 Notice Package for the election to be held on November 2, 1993;
and
WHEREAS, this agreement supplements and does not in any way replace any responsibilities
in the conduct of the election required by statute or rule on the part of the Parties;
NOW THEREFORE, the Parties agree as follows:
1. THE COUNTY CLERK SHALL PERFORM the following services and activities for the State's
election:
a. Determine the "least cost" method for mailing the Amendment 1 Notice Package and
determine the portion of the cost to be applied to the State. Attachment A through D estimates the
charges for the mailing.
b. Combine the text of the Amendment 1 Notice produced by the State with those of other
districts to produce the Amendment 1 Notice Package.
c. Address the package to "All Registered Voters" at each address of one or more active
registered electors of the County. Nothing herein shall preclude the County Clerk from sending the
Amendment 1 Notice of the State to persons other than electors of the County if the sending arises
from the County Clerk's efforts to mail the Amendment 1 Notice Package at "least cost".
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S.3C9C4
d. Determine the order that the Amendment 1 Notice submittal of the State and of other
jurisdictions shall be placed in the Amendment 1 Notice Package; provided, however, that the
materials supplied by the State shall be kept together as a group and in the order supplied by the State.
e. Mail the Amendment 1 Notice Package, addressed as required by law, between 15 and 25
days before the election.
f. Provide a local election office address and telephone number for incorporation into the
Amendment 1 Notice of the State and notify the State of the address and telephone number by 45
days prior to the election. The local election office and telephone shall be open during the County
Clerk's regular business ours. The County Clerk shall respond to all correspondence and calls that the
county Clerk receives within its expertise relating to election procedures, but shall refer calls
concerning the substance of the ballot issues and ballot questions or the operations of the State to the
person designated by the State pursuant to Section 2(f) of this document.
g. Designate a "Contact Officer" with the specific duty of coordinating with the state the
producing and mailing of the notice. The oversight functions shall not preclude the Contact Officer
from assisting with the elections of other jurisdictions or from performance of other tasks as
delegated by the County Clerk or required by statute or rule.
(1)The Contact Officer shall provide to the State's Election Officer(as defined below)
any advice (not including legal advice) and oversight as may help in the preparation of the
notice.
(2) The Contact Officer shall receive and provide to the Election Officer any written
comments filed with the County Clerk's office concerning a State ballot issue within 72 hours
of the receipt of any comment or on the 30th day prior to the election, whichever is earlier.
h. Write, print, and incorporate any notice to be included in the Amendment 1 Notice
Package that may inform the elector of the polling place or that may provide other information as
may be required by law.
i. Provide the State an itemized statement of the costs of the production and mailing of the
notice by the County Clerk under this agreement.
(1) The County Clerk shall keep a careful and accurate accounting of all chargeable
items to the State and shall submit a statement of charges for costs incurred by the county and
not billed directly to the State by an outside vendor.
(2) The County Clerk shall charge the State on a prorated basis based on the number
of eligible voters within the county and the number of ballot issues and/or items to be
included on the ballot.
(3)The County Clerk shall provide the state with both the formula which will be used
to allocate the cost and a listing of all political subdivisions who have notices included in the
mailing and their share of the production and mailing cost.
2. THE STATE SHALL PERFORM the following services and activities to assure the production
and mailing of the notice of state-wide issues with consultation with the Contact Officer as is deemed
necessary by the County Clerk, hereunder.
a. Designate the County Clerk as the State's agent for the purposes of completing the tasks
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to be performed by the County Clerk on behalf of the State under this agreement;
b. Designate an"Election Officer"to act as liaison between the State, the Contact Officer, and
the County Clerk.
c. Determine the state-wide ballot issues to be voted upon at the election.
d. Include, within its Amendment 1 Notice, ballot titles in this order of preference:"NOTICE
OF ELECTION TO INCREASE TAXES/TO INCREASE DEBT/ON A CITIZEN PETITION/ON A
REFERRED MEASURE."
e. Inform the County Clerk of any voter-approved additions to the Amendment 1 Notice for
the State and incorporate the additions into the Amendment 1 Notice supplied to the County Clerk.
f. Respond to inquiries as follows:The County Clerk shall respond to all correspondence and
calls within its expertise relating to election procedures. The County Clerk and Contact Officer shall
refer correspondence and calls concerning the substance of the ballot issues or the operations of the
State to a person designated by the State to the County Clerk at least 45 days prior to the election
("Election Officer"). The Election Officer shall be reasonably available to the County Clerk and shall
reply to the originator of the substance and operations questions within a reasonable time after being
notified of them by the County Clerk. The Election Officer shall refer correspondence and calls
relating to election procedures which are outside of the Election Officer's expertise, to the Contact
Officer for response.
g. Determine the ballot title and text.
h. Prepare the text of the Amendment 1 Notice for the State using the format required by law
or in a form established by the County Clerk which is consistent with law. The Amendment 1 Notice
shall include any State voter-approved additions, and;
(1) the Election date, hours, ballot title, and text. The local election office address
and telephone number will be added by the County Clerk.
(2) Two summaries, up to 500 words each, one for and one against the proposal, of
written comments filed with the election officer by 30 days before the election. No summary
shall mention names of persons or private groups, nor any endorsements of or resolutions
against the proposal. Petition representatives following these rules shall write this summary
for their petition. The election officer shall maintain and accurately summarize all other
relevant written comments.
i. Summarize written comments concerning ballot issues following receipt of the comments
received from the Contact Officer and the public as necessary for use in the Amendment 1 notice.
j. Provide the State's completed Amendment 1 Notice to the County Clerk;
(1) If requested, submit the English text on a 3-1/2" or 5-1/4" floppy disk as a Word
Perfect file; and
(2) A printed text copy of the file in English and translated into any other required
languages on 8-1/2"x11" paper, printed on one side only, in readable format.
k. This submission may not be changed by the State following submission to the County Clerk
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9:309C41
without special written dispensation from the County Clerk, which dispensation may be withheld for
any or no reason, and shall be provided to the county Clerk on or before the 25th day preceding the
election.
1. Perform any other acts which may be required by law, including circulation, approval,
review, and all other activities, relating to any petition that may concern the State. The Election
Officer shall interact with any State petition representatives, including but not limited to, working
to ensure that the Election Officer receives the summary of written comments for their petition
within the time required by law.
m. Pay the costs for printing and mailing shown in the itemized statement provided to the
State by the County Clerk either directly to the County Clerk or to the vendors or subcontractors as
the County Clerk may designate.
In Witness Whereof, the Parties hereto have executed this Agreement to be effective on the
last date noted below.
BY:* l .l4 4 j 1 �� IaJ2 G✓ ///q*e
rk and Recorder Date Secre ry of Stet Dst
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