HomeMy WebLinkAbout971963.tiffINTERGOVERNMENTAL AGREEMENT
Regarding Article X, Section 20(3)(b) Notices
TABOR Notice
This Intergovernmental Agreement ("Agreement") is made and entered into this /5-/h day
of ,jelat. , 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 CITY OF LONGMONT ("the Jurisdiction"), 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 agreements between
jurisdictions to perform election functions at C.R.S. Sections 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 election
as a full coordinated election administered by the Weld County Clerk and Recorder.
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971963
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" 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
Jurisdiction's 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
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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."
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
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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.
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 Valeria Skitt, City Clerk:
Phone: (303) 651-8650
Fax Number: (303) 651-8590
Address: Civic Center Complex
350 Kimbark
Longmont, CO 80501
d. The Election Charter provision for the Jurisdiction shall be attached hereto
and incorporated herein.
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t.
Attorney fop urisdiction
IN WITNESS WHEREOF, the Parties hereto have signed this Agreement to be effective as
of the date first written above.
WELD COUNTY, COLORADO
By:
Designated Election Official
ATTEST:
Ccitt n
.41S17 By:
()4.paly)
APPROUED AS`afO LEGAL FORM:
11
/!
J. A. "Suki" Tsukam
By:
Georg Baxter
Chair, Board of County Commissioners
ATTEST:
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Deputy Clerk to the Boar
MUNICIPAL CHARTER
for the
CITY OF LONGMONT,
STATE OF COLORADO
As Adopted by
the Citizens of Longmont
August 8, 1961
and Amended
June 24, 1975,
November 8, 1977,
November 6, 1979,
October 5, 1982,
April 19, 1983,
November 8, 1983,
June 3, 1986,
November 7, 1989,
November 2, 1993
and
November 8, 1994
C-1
(Longmont 6-95)
CHARTER
PREAMBLE
We, the people of Longmont, Colorado, under authori-
ty granted by the Constitution of Colorado, do ordain and
establish this Charter for the City government of
Longmont.
ARTICLE I
GENERAL PROVISIONS
1.1 NAME AND BOUNDARIES
The municipal corporation heretofore existing as the
City of Longmont in Boulder County, State of Colorado,
shall remain and continue a body politic and corporate
and under this Charter be known as the City of Longmont
in Boulder County, State of Colorado, with the same
boundaries until changed in a manner authorized by law.
1.2 POWERS
The City shall have all the power of local self-govern-
ment and home rule and all power possible for a city to
have under the Constitution and laws of the State of
Colorado. The enumeration of particular powers in this
Charter is not exclusive of others.
1.3 RIGHTS AND LIABILITIES
By the name of The City of Longmont, the municipal
corporation shall have perpetual succession; shall own,
possess and hold all property, real and personal hereto-
fore owned, possessed and held by the City, and does
assume and shall manage and dispose of all trusts in any
way connected therewith; shall succeed to all the rights
and liabilities; and shall acquire all benefits and does
assume and shall pay all bonds, obligations, and indebted-
ness of the City; may, by the name of the City of
Longmont, sue and defend, purchase, receive, hold and
enjoy, or sell and dispose of real and personal property;
shall have a common seal and alter the same at pleasure.
1.4 PRESENT ORDINANCES IN FORCE
All ordinances of the City in force at the time this
Charter becomes effective shall continue in force except
in so far as they may conflict with the provisions of this
Charter, or, shall be amended or repealed by ordinance
enacted under authority of this Charter.
C-3
ARTICLE II
ELECTIONS
2.1 COLORADO MUNICIPAL ELECTION LAWS
ADOPTED
City elections shall be governed by the Colorado
Municipal Election Law as now existing or hereafter
amended or modified, except as otherwise provided in
this Charter, or by ordinance.
2.2 REGISTRATIONS, JUDGES, CLERKS AND
ELECTION COMMISSION
The Council shall by ordinance establish the method
for the registration of electors; the qualifications and
compensation of election judges and clerks, and the
boundaries of election precincts. The Council may by
ordinance establish an election commission consisting of
the city clerk as chairman; and two additional members
to be appointed by the Council with such powers, duties,
terms and qualifications as provided by ordinance.
2.3 ELECTION DATE
A regular City election shall be held on the first Tues-
day in November in each odd -numbered year.
(Question C, November 2, 1993).
2.4 HOURS OF VOTING
Polling places for all City elections shall be open from
7:00 a.m. to 7:00 p.m. on election day.
2.5 ELECTIVE OFFICERS
The elective officers shall be seven Councilmen, one
to be elected from each of the three wards, three to be
elected from the City at large, and one to be elected from
the City at large as Mayor. Elections shall be non-parti-
san.
2.6 WARDS
The City is hereby divided into three wards whose
boundaries shall be the same as presently established.
Changes in the boundaries of wards may be made by
ordinance adopted by the Council at least 120 days prior
to any general municipal election. Wards shall be contig-
uous and compact wherever possible, and shall have
approximately the same number of qualified electors. As
a minimum requirement, the boundaries of each ward
shall be reestablished every 10 years in order to achieve
the provisions of this article, such review to commence
not later than 1984.
(Amendment No. 1, November 8, 1983).
(Longmont 6-95)
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