HomeMy WebLinkAbout951914.tiffRESOLUTION
RE: APPROVE TABOR NOTICE VERSION OF FORM OF INTERGOVERNMENTAL
AGREEMENT BETWEEN CLERK AND RECORDER AND CITY OF DACONO AND
AUTHORIZE CHAIRMAN TO SIGN
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, by Resolution dated September 6, 1995, the Board approved the forms for the
1995 School Version, including Weld County School District 6 and Aims Community College minor
variations, and for the 1995 Master Version of the Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections between various jurisdictions, the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, and the Weld
County Clerk and Recorder concerning administration of the November 7, 1995, coordinated polling
place election, and
WHEREAS, the Board has been presented with the TABOR Notice version of the form of
an Intergovernmental Agreement for conduct of coordinated elections between City of Dacono and
the Board of County Commissioners of Weld County and the Clerk and Recorder for Weld County,
and
WHEREAS, the agreement concerns the administration of the November 7, 1995,
coordinated polling place election, with the further terms and conditions being as stated in said
agreement, and
WHEREAS, after review, the Board deems it advisable to approve the form 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 TABOR Notice version of the form of the Intergovernmental Agreement
for conduct of coordinated elections between City of Dacono, the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, and the Weld
County Clerk and Recorder be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized
to sign all documents consistent with said form of agreement.
951914
CC; ele)CH
CR0012
FORM OF TABOR NOTICE AGREEMENT FOR COORDINATED ELECTIONS - DACONO
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 11th day of September, A.D., 1995, nunc pro tunc September 7, 1995.
n1Sy Clerk to the Board
k� I � k. I ltiQ 0 A- --
Deputy Clerkr4 1 the Board
AP D AS TO FORM:
orney
BOARD OF COUNTY COMMISSIONERS
W COUNTY, CO RA O
Dale K. Hall, Chairman
4_,1
a J. Kirkmeyer,
L{Ln L
GeorgeBaxter
Constance L. Harbert
FXC Fn DATE DE SIr;NINC (AYE))
W. H. Webster
951914
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COUNTY CLERK
TO 13035727527 PPGE.002i006
INTERGOVERNMENTAL AGREEMENT
Regarding Article X, Section 20(3)(b) Notices
TABOR Notice
This Intergovernmental Agreement ("Agreement") is made and entered into this day
off.' br110u�. , , 1995, 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 CITY OF DACONO 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 29-1-103, 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, the imposition of taxes, and incurring
of debt; and,
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
where jurisdictions overlap ("TABOR notice package'); and
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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 7, 1995.
NOW THEREFORE, the Parties agree as follows:
i • 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.
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 Jurisdiction
shall be kept together as a group in the 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 City. 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
the County Clerk's efforts to mail the TABOR notice package at "least
cost."
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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).
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 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 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.
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.
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
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.
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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 CI' ji i CI an �e , FJ tAt-
Phone: &3 `"3 - a31 %
Fax Number: 3O3 5.1 _.-75a7Address: Pa I t% y Sx*cam, CoC 5j j
d. The Election Resolution for View_(T •
be attached hereto and incorporated herein.
shall
IN WITNESS WHEREOF, the Parties hereto have signed this Agreement to be effective
as of the date first written above.
WELD OUNTY, COLO
By: iPRC &Il BY.
Designat ElOfficial ` A. "Suki" Tsukamoto _
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AT1bST:
APPROVED AS TO LEGAL FORM:
iaCiotice.db
BY: ._
Chair., Board of County Commissioners 09//1/95-
I,
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** TOTAL PRGE.006 **
951914
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