HomeMy WebLinkAbout961700.tiff INTERGOVERNMENTAL AGREEMENT
Regarding Article X, Section 20(3)(b)Notices
TABOR Notice
This Intergovernmental Agreement ("Agreement") is made and entered into this I day
of At, , 1996, 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 Old Town Metropolitan District No.4, 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 5, 1996.
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.
Jurisdiction
b. Combine the text of the TABOR notice produced bylhacnitywith those of
other jurisdictions to produce the TABOR notice package. The County
Jur $diction
Clerk may determine the order of the TABOR notice submittal byRhcUrt3c
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
Jurisdiction
more active registered electors of tkf'ity. 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 arises from
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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).
Jurisdiction
e. Provide tlatetycwith an itemized statement showingittettifitytt 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 Micki L. Wadhams, Assistant to Designated
Election Official
Phone: (303) 986-1551 or (800) 354-5941
Fax Number: (303) 986-1755
Address: Collins and Cockrel, P.C.
390 Union Boulevard
Suite 400
Denver, Colorado 80228
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.
MSIW
/� WELD COUNTY, COLO
By: BY: Kip
Assistant Designated Election Official .A."Suki"Ts immATTEST: 4 ' ' `��/ ! 4IL a/, '� 091/41�9‘0
elk ,:e, bars J. Kirkmeyet
! , ��, iO � .I, B d of Coun Co 'ssioners
,
4441
,.eputy Clerk t e Board
APP S TO LEGAL F .
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Att ey for Jurisdiction
J es Collins lit pry
W outtome Z-
iatnotice.db
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