HomeMy WebLinkAbout971962.tiffINTERGOVERNMENTAL AGREEMENT
Regarding Article X, Section 20(3)(b) Notices
TABOR Notice
This Intergovernmental Agreement ("Agreement") is made and entered into this 5th day
of September , 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 THE PROPOSED SOUTH WELID METROPOLITAN DISTRICT, 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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LC :II S-cLSL6I
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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.
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 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 Susan J. Schle,dorn, Legal Assistant
Phone: (303) 839-3800
Fax Number: (303) 839-3838
Address: c/o Grimshaw & Harting, P.C.
1700 Lincoln Street, Suite 3800,
Denver, Colorado 80203
d. 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 OUNTY, COLOI3AD
BY: / CAIL A—c.Crde-n-BY:
Acting on be— Designated Election Offic'ia1
half of
AT ST:
APPROVED AS TO LEGAL FORM:
State of Colorado
)ss.
Ciiynan¢iddICounty of Denver )
w
George . Baxter
Chair., Board of Co
ATTEST:
eputy Clerk to the Board
The foregoing instrument was acknowledged before me this 2nd day of September,
1997, by Susan J. Schledorn acting of behalf of the Designated Election Official
of the South Weld Metropolitan District.
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MyCommission Expires Feb. 5, 1998
land and official seal.
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