HomeMy WebLinkAbout971409.tiffRESOLUTION
RE: APPROVE FORM OF 1997 TABOR NOTICE VERSION OF MEMORANDUM OF
INTERGOVERNMENTAL AGREEMENT FOR CONDUCT OF COORDINATED
ELECTIONS AND AUTHORIZE CHAIR TO SIGN ANY NECESSARY DOCUMENTS
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 the form of the 1997 TABOR Notice
Version of the Memorandum of Intergovernmental Agreement for Conduct of Coordinated
Elections between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Weld County Clerk and Recorder, and various
entities, with terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve the form of said 1997
TABOR Notice Version of 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 form of the 1997 TABOR Notice Version of the Memorandum
of Intergovernmental Agreement for Conduct of Coordinated Elections between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
on behalf of the Weld County Clerk and Recorder, and various entities be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign any agreements consistent with the form of said 1997 TABOR Notice Version.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 23rd day of July, A.D., 1997.
ounty Attorn
BOARD OF COUNTY COMMISSIONERS
WELiNTY, COLDO
eorge E Baxter, Chair
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C stance L. Harbert, 9ro- em
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CR0014
INTERGOVERNMENTAL AGREEMENT
Regarding Article X, Section 20(3)(b) Notices
TABOR Notice
This Intergovernmental Agreement ("Agreement") is made and entered into this day
of , 1997, 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 , 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) and the Uniform Election Code of 1992 ("The Code").
WITNESSETH
WHEREAS, pursuant to Colorado Constitution Article XIV, Section 18(2)(a), and
Section 29-1-103, C.R.S., as amended, the "County" and the "Jurisdiction" 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, and the Code provides for the
agrements between jurisdictions to perform election functions at C.R.S. Secitons 1-7-116(2) and
1-1-111(3).
WHEREAS, Colorado Constitution Article X, Section 20 as implemented by C.R.S.
1-40-125, and 1-7-901, et seq. requires the production of a mailed notice ("TABOR notice")
concerning certain ballot issues that will be submitted to the electors of "Jurisdiction."
WHEREAS, this Jurisdiction has not requested the County Clerk to administer the
electors as a full coordinated election administered by the Weld County Clerk and Recorder.
WHEREAS, the TABOR notices of several jurisdictions are to be sent as a package
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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 "Jurisdiction" 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 4, 1997.
NOW THEREFORE, the Parties agree as follows:
1. The County Clerk shall perform the following services and activities for the
Jurisdictions election:
a. Determine the "least cost" method for filing the TABOR notice package.
b. Combine the text of the TABOR notice produced by the Jurisdiction 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 Jurisdiction and those of other jurisdictions to be included in the
TABOR notice package; provided, however, that the materials supplied by
the Jurisdiction shall be kept together as a group and in the same order
supplied by the Jurisdiction.
c. Address the package to "All Registered Voters" at each address of one or
more active registered electors of the Jurisdiction. Nothing herein shall
preclude the County Clerk from sending the TABOR notice or notice
package to persons other than electors of the Jurisdiction if such sending
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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. Section 1-40-125 and
1-7-906(1).
e. Provide the Jurisdiction with an itemized statement showing the
Jurisdiction's proportional share of the actual cost of performing the
services described herein.
2. The Jurisdiction shall perform the following activities:
a Accept written comments and transmit to the County Clerk the final text
and order of all required TABOR notices concerning Jurisdiction ballot
issues in the time and manner required by the Code at C.R.S. Section
1-7-901 through 904.
b. Pay the Jurisdiction's proportional share of the actual costs shown in the
itemized statement provided to the Jurisdiction by the County Clerk either
directly to the County Clerk or to such vendors or subcontractors as the
County Clerk may designate.
c. Mail notice, if required, to any active registered electors who do not reside
within the County of Weld pursuant to Section 1-7-906(2), C.R.S.
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 Jurisdiction within Weld County, with a $100 minimum, provided
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further that if no registered electors of the Jurisdiction 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.
4. General provisions:
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.
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 the Jurisdiction to the County Clerk at phone:
(970) 353-3840, extension 3100; fax number (970) 353-1964; address P.O.
Box 459, Greeley, Colorado 80632. Notice shall be given by the County
to the Jurisdiction to
Phone:
Fax Number:
Address:
The Election Resolution for the Jurisdiction shall be attached hereto and
incorporated herein.
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IN WITNESS WHEREOF, the Parties hereto have signed this Agreement to be effective as of
the date first written above.
WELD COUNTY, COLORADO
By: BY:
Designated Election Official J.A."Suki" Tsukamoto
ATTEST: BY:
George E. Baxter
Chair., Board of County Commissioners
ATTEST:
Deputy Clerk to the Board
APPROVED AS TO LEGAL FORM:
Attorney for Jurisdiction
Weld County Attorney
iatnotice.db
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