HomeMy WebLinkAbout931049.tiff 10/01/93 10:41 $303 S1 8590 CITY OF LGMT a 002
INTERGOVERNMENTAL AGREEMENT
This Intergovernmental Agreeme t ("Agreement") is made and
entered into this b4J-N day of QEJ , 1993, by
and between the Weld County Clerk and Recorder "County Clerk" and
the Weld County Board of County Commissioners, Weld Count
Colorado collectively ("County") and City of ( 243 t'J.bO1
("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 %, 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 S 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:
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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.9. 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 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
OCT 1 ' 93 10: 40 303 651 8590 PAGE . 003
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10/01/93 10:42 $303 Rr,1 8590 CITY OF LGMT IiI004
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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 O ,
ty notice shall be given to the_W751-eArSC) , fax:dCits at phone: ,FC11.I\e� A SrQ�Fl Lf t3b�
address:
Oc O 1
IN WITNESS WHEREOF, the Parties hereto have signed this
Agreement to be effective as of the data first written above.
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WELD COUNTY, COLORADO _
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WELD ^ , ,il 1 a• THE BOARD•(d-‘,1-4 By Chair, County Commissioners /0/!3/9
0CT 1 ' 93 10: 40 303 651 8590 PAGE . 004
9721049
10/01/93 10:43 '&303 °G1 8590 CITY OF LGMT 81005
WELD COUNTY CLERIC i RECORDER
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aPPROV'eD AS TO RORM.
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0CT 1 ' 93 10: 41 303 651 8580 PRGE . 005
921049
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