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Home My WebLink About992301.tiff WELD CO. CLK & REC 1999SEP -2 MI 50 INTERGOVERNMENTAL AGREEMENT Regarding Article X, Section 20(3)(b)Notices TABOR Notice This Intergovernmental Agreement ("Agreement") is made and entered into this lstday of Septembe,r1999, 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 TRI-POINT RESIDENTIAL 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 election 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 Page 1 of 5 992301 AC. 64/2 e.ROOl(o 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 2, 1999. 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 Page 2 of 5 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: Twenty cents per registered elector residing within that portion of the Jurisdiction within Weld County, with a $100 minimum, Page 3 of 5 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 Susan Schledorn, Desginated Elattisn Official Phone: 303-839-3912 Fax Number: 303-839-3838 Address: c/o Grimshaw & Harring, PC 1700 Lincoln St #3800 Denve; CO 80203 d. The Election Resolution for the Jurisdiction shall be attached hereto and incorporated herein. Page 4 of 5 IN WITNESS WHEREOF,the Parties hereto have signed this Agreement to be effective as of the date first written above. WELIICO TY, COLORADO -Designated Election O icial .A. uki Tsukan ATTEST: BY.yV>,€ Dale K. Hall 09-13-99) 4-akaa Chair., Board of County Commis?!' Legal As stant, Grimshaw & Harring, PC ATTEST:M =t��t Deputy Clerk to the Board fr.% " • APPROVED AS TO LEGAL FORM: ♦�� Attorney fornsdie n Wel ty Attorney iatnotice.db M:\KSEILER\99COORDI\99IA1NOT DB Page 5 of 5 WELD CO. CLK & REC I999SEP -2 AtIlSO INTERGOVERNMENTAL AGREEMENT Regarding Article X, Section 20(3)(b) Notices TABOR Notice This Intergovernmental Agreement("Agreement") is made and entered into this lstday of Sept emher1999, 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 TT I-POINT COMMERCIAL 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 election 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 Page I of 5 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 2, 1999. 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 Page 2 of 5 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 1-7-906O). 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: Twenty cents per registered elector residing within that portion of the Jurisdiction within Weld County, with a$100 minimum, Page 3 of 5 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 Susan Schlgdorn, Desginated Elcetd1n Official Phone: 303-839-3912 Fax Number: 303-839-3838 Address: c/o Grimshaw & Harring, PC 1700 Lincoln St #3800 Denve; CO 80203 d. The Election Resolution for the Jurisdiction shall be attached hereto and incorporated herein. Page 4 of 5 IN WITNESS WHEREOF, the Parties hereto have signed this Agreement to be effective as of the date first written above. WELD COUNTY, COLORADO By � 4fSL �1�1 iDesignated Electi Official ." uki"Tsukamot�r�� ATTEST: BYE I� _ anclAz7t Dale Hall (W 13 A) C� ,l C Chair., Board of Co ty Co Legal Assistelant, Grinishaw & Harrin , PC g ATTEST: LI 1/41 • Deputy Clerk to the Board APPROVED AS TO LEGAL FORM: Attorney foci diction W d 'ounty Attorney iatnotice.db M:\KSEILER\99COORD➢991ATNOT.DB Page 5 of 5 Hello