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Home My WebLink About930999.tiff 18 • 33 16: 55 PAGE . 002 INTERGOVERNMENTAL AGREEMENT This Intergovernmental Agreement ( "Agreement") is made and entered into this l41h day of ambEe• 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 .$Room9iald ( "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. S 1-40-124 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 "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 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: 92C9 S9/C; H'r lE ' =3 15 : 55 PRGE . 003 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 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 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. ° C.C.A. 1505-1 S 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 930999 AUG 16 ' 93 16 : 56 PPGF . BD4 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 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: ykq-33o1 , fax: 4GA-855' address : No. G GQRd£rJ esrs}PR., aaoonSteld , Po 8boz0 IN WITNESS WHEREOF, the Parties hereto have signed this Agreement to be effective as of the date first written above. CITY OF . zoorn\\dd , COLORADO By: yor ATTEST: APP QVE S TO FOR ter; / City Alto y Ciy�Glti'k WELD COUNTY, COLORADO By: Chair, County Commissioners en/a4..3 930999 FIG 1E ' 53 16 : 56 PAGE . 0©5 ATTEST: /0/ea/xi WELD COUNTY CLERIC & RECORDER WELD County Cler TO BOARD BY: 49,-C-17 DEPUTY CLE K TO E BOARD aintarg.db • 930999 Hello