HomeMy WebLinkAbout20102054.tiff • Memorandum of Intergovernmental Agreement
For Conduct of General Elections
Town of Johnstown, hereinafter referred to as "Jurisdiction," does hereby agree and contract with
the Board of County Commissioners of the County of Weld, hereinafter referred to as
"Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County
Clerk," concerning the administration of the November 2, 2010, General Election conducted
pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and
regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to
address or modify statutory provisions regarding voter registration, nor to address or modify the
County Clerk's duties thereunder.
WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to
have certain items placed on the ballot at an election pursuant to its statutory authority, such
election to occur via vote center on November 2, 2010, and
WHEREAS, the Jurisdiction agrees to conduct a General Election with the County Clerk acting as
the Coordinated Election official, and
WHEREAS, the County Clerk is the "Coordinated Election Official," pursuant to § 1-7-116(2),
C.R.S., and is to perform certain election services in consideration of performances by the
Jurisdiction of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§ 1-1-111(3), 1-7-116, 22-30-104(2),
22-31-103, and 29-1-203, et seq., C.R.S.
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows:
1. The Jurisdiction encompasses territory within Weld County and
County. This Agreement shall be construed to apply only to that portion of the Jurisdiction
within Weld County.
2. Term of Agreement: This Agreement is intended only to deal with the conduct of the
November 2, 2010, General Election.
3. The Jurisdiction agrees to perform the following tasks and activities:
a. Conduct all procedures required of the clerk for initiatives, referenda, and referred
measures under the provisions of §§ 31-11-101 through 118 and 22-30-104(4),
C.R.S.
b. To do all tasks required by law of designated election officials concerning nomination
of candidates by petition, including, but not limited to: issue approval as to form,
where appropriate, of nominating petition; determine candidate eligibility; receive
candidate acceptance of nominations; accept notice of intent, petitions for
nomination, and affidavits of circulators; verify signatures on nominating petitions;
and hear any protests of the nominating petitions, as said tasks are set forth in any
applicable provisions of Title 1, Article IV, Parts 8 and 9, § 1-4-501, § 22-31-103,
C.R.S., and those portions of the Colorado Municipal Election Code of 1965, Article
X of Title 31, as adopted by reference pursuant to § 1-4-805, C.R.S.
c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's
portion of the ballot and submit to the County Clerk in final form. The ballot content,
&7 4th_ / SC/ Orel Y6 kudy/zLtciickis 2010-2054 1 of 5
0-7-‘2010
ul- Ej /(3
Memorandum of Intergovernmental Agreement
For Conduct of General Elections
including a list of candidates, ballot title, and text, must be certified to the County
Clerk no later than 60 days before the election, pursuant to § 1-5-203(3)(a), C.R.S.
d. Publish and post notice of election pursuant to § 1-5-205(1), C.R.S., and include the
information regarding the walk-in location address for application or return of mail
ballots as set forth in paragraph 4.d of this Agreement.
e. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and
1-40-125(2)(e), C.R.S. Comments to be accepted must be filed by the end of the
business day on the Friday before the 45th day before the election. Preparation of
summaries of written comments shall be done by the jurisdiction but only to the
extent required pursuant to § 1-7-903(3), C.R.S. The full text of any required ballot
issue notices must be transmitted to and received by the County Clerk no less than
42 days prior to the election. No portion of this paragraph shall require the County
Clerk to prepare summaries regarding the Jurisdiction's ballot issues.
f. Accept affidavits of intent to accept write-in candidacy up until close of business on
August 24, 2010, and provide a list of valid affidavits received and forward them to
the County Clerk pursuant to § 1-4-1102 (2), C.R.S.
g. Pay the sum of $1.00 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 2, 2010, election,
with a $200 minimum, within 30 days of billing, regardless of whether or not the
election is actually held. In addition, Jurisdiction shall also reimburse Clerk for
payment of members of the Board of Canvassers, eligible to be paid, the sum of $15
per day pursuant to § 1-10-201(4), C.R.S., when the Jurisdiction designates persons
for the Board of Canvassers pursuant to paragraph 4.h. of this Agreement. If the
Jurisdiction cancels the election before its Section 20, Article X notices are due to
the County and prior to the County Clerk incurring any expenses for the printing of
the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction
shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107, 1-10.5-
104, or 1-11-215 C.R.S., except for costs collected from an "interested party"
pursuant to §1-10.5-106 which shall be collected by the entity conducting the
recount.
h. Designate an "election officer' who shall act as the primary liaison between the
Jurisdiction and the County Clerk and who will have primary responsibility for the
conduct of election procedures to be handled by the Jurisdiction hereunder.
By approval of this Agreement, any municipality is resolving not to use the provisions
of the Municipal Election Code, except as otherwise set forth herein or as its use is
specifically authorized by the Code.
j. Mail notices pursuant to § 1-7-906(2) for active registered electors who do not reside
within the County or counties where the political subdivision is located.
k. Carry out all action necessary for cancellation of an election including notice
pursuant to § 1-5-208, C.R.S., and pay any costs incurred by the County Clerk within
30 days of receipt of an invoice setting forth the costs of the canceled election
pursuant to § 1-5-208(5), C.R.S.
2 of 5
Memorandum of Intergovernmental Agreement
For Conduct of General Elections
4. Duties of County Clerk
Agrees to perform the following tasks and activities:
a. Except as otherwise expressly provided for in this Agreement, to act as the
Coordinated Election Official for the conduct of the election for the Jurisdiction for all
matters in the Code which require action by the Coordinated Election Official and as
General Election official.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to § 1-7-905 and
906(1), C.R.S. and publish and post notice, as directed in § 1-5-205, C.R.S.
Publication by the County Clerk will only be in the County legal newspaper and the
Windsor Beacon.
c. Provide 2 locations for voters to apply for and obtain mail-in ballots:
• The Weld County Training Center, 1104 H Street, Greeley, CO
• October 4 — November 1, 2010- 8:00 a.m. - 5:00 p.m. — Monday — Friday
• Election Day — November 2, 2010 - 7:00 a.m. - 7:00 p.m.
• The Southwest Weld Office (Del Camino), 4209 County Road 24 1/2,
Longmont, CO
• October 18— November 1, 2010- 8:00 a.m. - 5:00 p.m. — Monday — Friday
• Election Day— November 2, 2010 - 7:00 a.m. - 7:00 p.m.
d. Provide five Early Vote Sites — October 18 — October 29, 2010, that will be open
from 8:00 a.m. to 5:00 p.m. — Monday— Friday, at:
• Weld County Training Center, 1104 H Street, Greeley, CO
• Southwest Weld Office (Del Camino), 4209 County Road 24 1/2 , Longmont,
CO
• Trinity Lutheran Church, 3000 S. 35th Avenue, Greeley, CO
• Windsor Community Rec. Center, 250 11th Street, Windsor, CO
• Southeast Weld Office, 2950 9'h Street, Fort Lupton, CO
e. Give notice to Jurisdiction of the number of registered electors within the Jurisdiction
as of the effective date of cutoff for registration; identify the members of the Board of
Canvassers eligible for receiving a fee; and bill the Jurisdiction.
f. Designate a "contact' to act as a primary liaison or contact between the Jurisdiction
and the County Clerk.
g. The County Clerk shall appoint and train election judges and this power shall be
delegated by the Jurisdiction to the County Clerk, to the extent required or allowed
by law.
h. Select and appoint a Board of Canvassers to canvass the votes; provided that the
Jurisdiction, at its option, may designate one of its members and one eligible elector
from the jurisdiction to assist the County Clerk in the survey of the returns for that
jurisdiction. If the Jurisdiction desires to appoint one of its members and an eligible
elector to assist, it shall make those appointments, and shall notify the County Clerk
in writing of those appointments not later than 15 days prior to the election. The
County Clerk shall receive and canvass all votes, and shall certify the results in the
3 of 5
Memorandum of Intergovernmental Agreement
For Conduct of General Elections
time and manner provided and required by the Code. The County Clerk shall
perform all recounts required by the Code.
Establish combined precincts pursuant to § 1-5-102.7, C.R.S., if warranted, and
subject to the separate express approval by the Board of County Commissioners.
5. General Provisions
a. Time is of the essence in this Agreement. The statutory time frames of the Code
shall apply to the completion of the tasks required by this Agreement.
b. Conflict of Agreement with law.
This Agreement shall be interpreted to be consistent with the Code, and provisions
of Title 31 and 22 applicable to the conduct of elections and 8 C.C.R. 1505-1. Should
there be an irreconcilable conflict between the statutes, this agreement and the
Colorado Regulations, the statutes shall first prevail, then this agreement and lastly
the Colorado Regulations.
c. Liquidated damages provision.
In the event that a Court of competent jurisdiction finds that the election for the
Jurisdiction was void or otherwise fatally defective as a result of the sole negligence
or failure of the County Clerk to perform in accordance with this Agreement or laws
applicable thereto, then the County Clerk shall, as liquidated damage, not as a
penalty, refund all payments made, pursuant to paragraph 3.g. of this Agreement
and shall, if requested by the Jurisdiction, conduct the next General Election which
may include any election made necessary by a defect in the election conducted
pursuant to this Agreement with no fee assessed to the Jurisdiction. This remedy
shall be the sole and exclusive remedy for damages available to the Jurisdiction
under this Agreement.
d. 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.
e. This constitutes the entire agreement of the parties and no amendment may be
made except in writing approved by the parties.
4 of 5
• Memorandum of Intergovernmental Agreement
For Conduct of General Elections
f. Notice shall be given by Jurisdiction to the Clerk by phone:
(970) 304-6525, Extension 3178, fax (970) 304-6566,
E-mail: rsantos@co.weld.co.us, Address: PO Box 459, Greeley, CO 80632
The Jurisdiction notice shall be given to the Jurisdiction at:
Phone: "I'70 58 ? '-4(OO4. fax: g 7D -587'O i¢1
E-mail: js&eo-16) `C"'
Address: - D 3otc l—O9
_ L& 4--t Co SCS 3 !-
DATED this day of , 2010.
WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
CA-cr
Steve Moreno, Clerk and Recorder Dougl J. Rade cher, Chair
SEP 0 8 2010
APPROVED AS TO FORM: ATTEST: /. - --— ' ig
Clerk to the Board of County a m•: io
Co y Attorn Deputy Clerk t.'he :oard
Town of Johnstown
APPROVEDAS TO FORM: A TEST: An n n e
_Qk
Attorney for Jurisdiction (Signature) Designated Election Official for Jurisdiction
(Signature)
5 of 5
TOWN OF JOHNSTOWN, COLORADO
RESOLUTION NO. 2010-09
RESOLUTION APPROVING INTERGOVERNMENTAL
AGREEMENTS CONCERNING COORDINATED
ELECTION SERVICES FOR THE CONDUCT OF AN
ELECTION REQUIRED TO BE COORDINATED WITH
BOTH THE COUNTY OF WELD AND THE COUNTY OF
LARIMER.
WHEREAS, C.R.S., Section 1-7-116, states that if more than one political subdivision
holds an election on the same day in November and the eligible electors for each such election
are the same or the boundaries overlap, the county clerk and recorder shall be the coordinated
election official and shall conduct the election on behalf of all political subdivisions that do not
utilize a mail ballot procedure; and
WHEREAS, the Town of Johnstown may have a recall election which will be scheduled
on November 2, 2010, if the petition for such recall election is returned to the Town Clerk and
deemed by the Town Clerk to be sufficient under the requirements of Section 7.4 of the
Johnstown Home Rule Charter and said petition is submitted to the Town Clerk within ninety
(90) days of the general election scheduled for November 2, 2010; and
WHEREAS, even though such recall election, at the current time, is not certain due to
the fact that the Weld County Clerk and Recorder and the Larimer County Clerk and Recorder
have deadlines to meet in scheduling the coordinated election, thereby requiring the provided
Intergovernmental Agreements to be executed by the Town as soon as possible.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF JOHNSTOWN, COLORADO, THAT the Agreement Concerning Election
Services with the Larimer County Clerk and Recorder, attached hereto as Exhibit "A," is hereby
approved, the Town will participate in the election in accordance with the terms and conditions
of the Agreement, and the Mayor and the Town Clerk are hereby authorized to sign said
Agreement on behalf of the Town of Johnstown.
BE IT FURTHER RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
JOHNSTOWN, COLORADO, THAT the Intergovernmental Agreement for Conduct of
General Elections with the Weld County Clerk and Recorder, attached hereto as Exhibit "B," is
hereby approved, the Town will participate in the election in accordance with the terms and
conditions of the Agreement, and the Mayor and the Town Clerk are hereby authorized to sign
said Agreement on behalf of the Town of Johnstown.
( PASSED SIGNED, APPROVED, AND ADOPTED this / & ay of
rd— , 2010.
TOWN OF JOHNSTOWN, COLORADO
ATTES
By: ( (QoLOK By: /`r1 G.%./
Diana Seele, Town Clerk Mark Romanowski, Mayor
•
Memorandum of Intergovernmental Agreement
For Conduct of General Elections
Town of Mead, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the
Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners,"
and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the
administration of the November 2, 2010, General Election conducted pursuant to the Uniform
Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated
thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to address or modify
statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties
thereunder.
WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to
have certain items placed on the ballot at an election pursuant to its statutory authority, such
election to occur via vote center on November 2, 2010, and
WHEREAS, the Jurisdiction agrees to conduct a General Election with the County Clerk acting as
the Coordinated Election official, and
WHEREAS, the County Clerk is the "Coordinated Election Official," pursuant to § 1-7-116(2),
C.R.S., and is to perform certain election services in consideration of performances by the
Jurisdiction of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§ 1-1-111(3), 1-7-116, 22-30-104(2),
22-31-103, and 29-1-203, et seq., C.R.S.
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows:
1. The Jurisdiction encompasses territory within Weld County and
County. This Agreement shall be construed to apply only to that portion of the Jurisdiction
within Weld County.
2. Term of Agreement: This Agreement is intended only to deal with the conduct of the
November 2, 2010, General Election.
3. The Jurisdiction agrees to perform the following tasks and activities:
a. Conduct all procedures required of the clerk for initiatives, referenda, and referred
measures under the provisions of §§ 31-11-101 through 118 and 22-30-104(4),
C.R.S.
Sl
i}:j To do all tasks required by law of designated election officials concerning nomination
of candidates by petition, including, but not limited to: issue approval as to form,
where appropriate, of nominating petition; determine candidate eligibility; receive
candidate acceptance of nominations; accept notice of intent, petitions for
nomination, and affidavits of circulators; verify signatures on nominating petitions;
and hear any protests of the nominating petitions, as said tasks are set forth in any
applicable provisions of Title 1, Article IV, Parts 8 and 9, § 1-4-501, § 22-31-103,
C.R.S., and those portions of the Colorado Municipal Election Code of 1965, Article
X of Title 31, as adopted by reference pursuant to § 1-4-805, C.R.S.
c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's
portion of the ballot and submit to the County Clerk in final form. The ballot content,
(a)vzu7f r! [fra1 of 5
9-8-a ed
•
Memorandum of Intergovernmental Agreement
For Conduct of General Elections
including a list of candidates, ballot title, and text, must be certified to the County
Clerk no later than 60 days before the election, pursuant to § 1-5-203(3)(a), C.R.S.
d. Publish and post notice of election pursuant to § 1-5-205(1), C.R.S., and include the
information regarding the walk-in location address for application or return of mail
ballots as set forth in paragraph 4.d of this Agreement.
e. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and
1-40-125(2)(e), C.R.S. Comments to be accepted must be filed by the end of the
business day on the Friday before the 45th day before the election. Preparation of
summaries of written comments shall be done by the jurisdiction but only to the
extent required pursuant to § 1-7-903(3), C.R.S. The full text of any required ballot
issue notices must be transmitted to and received by the County Clerk no less than
42 days prior to the election. No portion of this paragraph shall require the County
Clerk to prepare summaries regarding the Jurisdiction's ballot issues.
f. Accept affidavits of intent to accept write-in candidacy up until close of business on
August 24, 2010, and provide a list of valid affidavits received and forward them to
the County Clerk pursuant to § 1-4-1102 (2), C.R.S.
g. Pay the sum of $1.00 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 2, 2010, election,
with a $200 minimum, within 30 days of billing, regardless of whether or not the
election is actually held. In addition, Jurisdiction shall also reimburse Clerk for
payment of members of the Board of Canvassers, eligible to be paid, the sum of $15
per day pursuant to § 1-10-201(4), C.R.S., when the Jurisdiction designates persons
for the Board of Canvassers pursuant to paragraph 4.h. of this Agreement. If the
Jurisdiction cancels the election before its Section 20, Article X notices are due to
the County and prior to the County Clerk incurring any expenses for the printing of
the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction
shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107, 1-10.5-
104, or 1-11-215 C.R.S., except for costs collected from an "interested party"
pursuant to §1-10.5-106 which shall be collected by the entity conducting the
recount.
h. Designate an "election officer" who shall act as the primary liaison between the
Jurisdiction and the County Clerk and who will have primary responsibility for the
conduct of election procedures to be handled by the Jurisdiction hereunder.
By approval of this Agreement, any municipality is resolving not to use the provisions
of the Municipal Election Code, except as otherwise set forth herein or as its use is
specifically authorized by the Code.
j. Mail notices pursuant to § 1-7-906(2) for active registered electors who do not reside
within the County or counties where the political subdivision is located.
k. Carry out all action necessary for cancellation of an election including notice
pursuant to § 1-5-208, C.R.S., and pay any costs incurred by the County Clerk within
30 days of receipt of an invoice setting forth the costs of the canceled election
pursuant to § 1-5-208(5), C.R.S.
2 of 5
Memorandum of Intergovernmental Agreement
For Conduct of General Elections
4. Duties of County Clerk
Agrees to perform the following tasks and activities:
a. Except as otherwise expressly provided for in this Agreement, to act as the
Coordinated Election Official for the conduct of the election for the Jurisdiction for all
matters in the Code which require action by the Coordinated Election Official and as
General Election official.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to § 1-7-905 and
906(1), C.R.S. and publish and post notice, as directed in § 1-5-205, C.R.S.
Publication by the County Clerk will only be in the County legal newspaper and the
Windsor Beacon.
c. Provide 2 locations for voters to apply for and obtain mail-in ballots:
• The Weld County Training Center, 1104 H Street, Greeley, CO
• October 4— November 1, 2010— 8:00 a.m. — 5:00 p.m. — Monday — Friday
• Election Day— November 2, 2010 — 7:00 a.m. — 7:00 p.m.
• The Southwest Weld Office (Del Camino), 4209 County Road 24 1/2,
Longmont, CO
• October 18— November 1, 2010— 8:00 a.m. — 5:00 p.m. — Monday — Friday
• Election Day— November 2, 2010— 7:00 a.m. — 7:00 p.m.
d. Provide five Early Vote Sites — October 18 — October 29, 2010, that will be open
from 8:00 a.m. to 5:00 p.m. - Monday- Friday, at:
• Weld County Training Center, 1104 H Street, Greeley, CO
• Southwest Weld Office (Del Camino), 4209 County Road 24 1/2 , Longmont,
CO
• Trinity Lutheran Church, 3000 S. 35th Avenue, Greeley, CO
• Windsor Community Rec. Center, 250 11th Street, Windsor, CO
• Southeast Weld Office, 2950 9th Street, Fort Lupton, CO
e. Give notice to Jurisdiction of the number of registered electors within the Jurisdiction
as of the effective date of cutoff for registration; identify the members of the Board of
Canvassers eligible for receiving a fee; and bill the Jurisdiction.
f. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction
and the County Clerk.
g. The County Clerk shall appoint and train election judges and this power shall be
delegated by the Jurisdiction to the County Clerk, to the extent required or allowed
by law.
h. Select and appoint a Board of Canvassers to canvass the votes; provided that the
Jurisdiction, at its option, may designate one of its members and one eligible elector
from the jurisdiction to assist the County Clerk in the survey of the returns for that
jurisdiction. If the Jurisdiction desires to appoint one of its members and an eligible
elector to assist, it shall make those appointments, and shall notify the County Clerk
in writing of those appointments not later than 15 days prior to the election. The
County Clerk shall receive and canvass all votes, and shall certify the results in the
3 of 5
Memorandum of Intergovernmental Agreement
For Conduct of General Elections
time and manner provided and required by the Code. The County Clerk shall
perform all recounts required by the Code.
Establish combined precincts pursuant to § 1-5-102.7, C.R.S., if warranted, and
subject to the separate express approval by the Board of County Commissioners.
5. General Provisions
a. Time is of the essence in this Agreement. The statutory time frames of the Code
shall apply to the completion of the tasks required by this Agreement.
b. Conflict of Agreement with law.
This Agreement shall be interpreted to be consistent with the Code, and provisions
of Title 31 and 22 applicable to the conduct of elections and 8 C.C.R. 1505-1. Should
there be an irreconcilable conflict between the statutes, this agreement and the
Colorado Regulations, the statutes shall first prevail, then this agreement and lastly
the Colorado Regulations.
c. Liquidated damages provision.
In the event that a Court of competent jurisdiction finds that the election for the
Jurisdiction was void or otherwise fatally defective as a result of the sole negligence
or failure of the County Clerk to perform in accordance with this Agreement or laws
applicable thereto, then the County Clerk shall, as liquidated damage, not as a
penalty, refund all payments made, pursuant to paragraph 3.g. of this Agreement
and shall, if requested by the Jurisdiction, conduct the next General Election which
may include any election made necessary by a defect in the election conducted
pursuant to this Agreement with no fee assessed to the Jurisdiction. This remedy
shall be the sole and exclusive remedy for damages available to the Jurisdiction
under this Agreement.
d. 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.
e. This constitutes the entire agreement of the parties and no amendment may be
made except in writing approved by the parties.
4 of 5
Memorandum of Intergovernmental Agreement
For Conduct of General Elections
f. Notice shall be given by Jurisdiction to the Clerk by phone:
(970) 304-6525, Extension 3178, fax (970) 304-6566,
E-mail: rsantos@co.weld.co.us, Address: PO Box 459, Greeley, CO 80632
The Jurisdiction notice shall be given to the Jurisdiction at:/7 Phone: `770- S3 S- V 77, fax: Q70-SaS- Of3I
E-mail: ('r ee t� -l-nWrn or and
Address:Address: P. o. LOK &Zlo Mead. 01)
DATED this day of , 2010.
WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
O
9G-1 t
taaAr
Steve Moreno, Clerk and Recorder Dougla?J. Raddmacher, Chair
SEP
APPROVED AS TO FORM: ATTEST: r t La,,
Clerk to the Board of County Co rssPe
Cou t o ney Deputy Clerk tithe =oard '`
�? r
Town of Mead
APPR VED AS TO FORM: ATTEST:
( C�A�C.cicS 9
Attorney for Jurisdiction (Signature) Designated Election Official for Jurisdiction
(Signature)
5 of 5
07(7/(7--cV-7 y
Memorandum of Intergovernmental Agreement
For Conduct of General Elections
Town of Milliken, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the
Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners,"
and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the
administration of the November 2, 2010, General Election conducted pursuant to the Uniform
Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated
thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to address or modify
statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties
thereunder.
WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to
have certain items placed on the ballot at an election pursuant to its statutory authority, such
election to occur via vote center on November 2, 2010, and
WHEREAS, the Jurisdiction agrees to conduct a General Election with the County Clerk acting as
the Coordinated Election official, and
WHEREAS, the County Clerk is the "Coordinated Election Official," pursuant to § 1-7-116(2),
C.R.S., and is to perform certain election services in consideration of performances by the
Jurisdiction of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§ 1-1-111(3), 1-7-116, 22-30-104(2),
22-31-103, and 29-1-203, et seq., C.R.S.
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows:
1. The Jurisdiction encompasses territory within Weld County and
County. This Agreement shall be construed to apply only to that portion of the Jurisdiction
within Weld County.
2. Term of Agreement: This Agreement is intended only to deal with the conduct of the
November 2, 2010, General Election.
3. The Jurisdiction agrees to perform the following tasks and activities:
a. Conduct all procedures required of the clerk for initiatives, referenda, and referred
measures under the provisions of §§ 31-11-101 through 118 and 22-30-104(4),
C.R.S.
b. To do all tasks required by law of designated election officials concerning nomination
of candidates by petition, including, but not limited to: issue approval as to form,
where appropriate, of nominating petition; determine candidate eligibility; receive
candidate acceptance of nominations; accept notice of intent, petitions for
nomination, and affidavits of circulators; verify signatures on nominating petitions;
and hear any protests of the nominating petitions, as said tasks are set forth in any
applicable provisions of Title 1, Article IV, Parts 8 and 9, § 1-4-501, § 22-31-103,
C.R.S., and those portions of the Colorado Municipal Election Code of 1965, Article
X of Title 31, as adopted by reference pursuant to § 1-4-805, C.R.S.
c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's
portion of the ballot and submit to the County Clerk in final form. The ballot content,
L o L. 1 of 5 rnaod(�Q-X„tom�
aeyc-de-sy
Memorandum of Intergovernmental Agreement
For Conduct of General Elections
including a list of candidates, ballot title, and text, must be certified to the County
Clerk no later than 60 days before the election, pursuant to § 1-5-203(3)(a), C.R.S.
d. Publish and post notice of election pursuant to § 1-5-205(1), C.R.S., and include the
information regarding the walk-in location address for application or return of mail
ballots as set forth in paragraph 4.d of this Agreement.
e. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and
1-40-125(2)(e), C.R.S. Comments to be accepted must be filed by the end of the
business day on the Friday before the 45th day before the election. Preparation of
summaries of written comments shall be done by the jurisdiction but only to the
extent required pursuant to § 1-7-903(3), C.R.S. The full text of any required ballot
issue notices must be transmitted to and received by the County Clerk no less than
42 days prior to the election. No portion of this paragraph shall require the County
Clerk to prepare summaries regarding the Jurisdiction's ballot issues.
f. Accept affidavits of intent to accept write-in candidacy up until close of business on
August 24, 2010, and provide a list of valid affidavits received and forward them to
the County Clerk pursuant to § 1-4-1102 (2), C.R.S.
g. Pay the sum of $1.00 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 2, 2010, election,
with a $200 minimum, within 30 days of billing, regardless of whether or not the
election is actually held. In addition, Jurisdiction shall also reimburse Clerk for
payment of members of the Board of Canvassers, eligible to be paid, the sum of $15
per day pursuant to § 1-19-201(4), C.R.S., when the Jurisdiction designates persons
for the Board of Canvassers pursuant to paragraph 4.h. of this Agreement. If the
Jurisdiction cancels the election before its Section 20, Article X notices are due to
the County and prior to the County Clerk incurring any expenses for the printing of
the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction
shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107, 1-10.5-
104, or 1-11-215 C.R.S., except for costs collected from an "interested party"
pursuant to §1-10.5-106 which shall be collected by the entity conducting the
recount.
h. Designate an "election officer' who shall act as the primary liaison between the
Jurisdiction and the County Clerk and who will have primary responsibility for the
conduct of election procedures to be handled by the Jurisdiction hereunder.
By approval of this Agreement, any municipality is resolving not to use the provisions
of the Municipal Election Code, except as otherwise set forth herein or as its use is
specifically authorized by the Code.
j. Mail notices pursuant to § 1-7-906(2) for active registered electors who do not reside
within the County or counties where the political subdivision is located.
k. Carry out all action necessary for cancellation of an election including notice
pursuant to § 1-5-208, C.R.S., and pay any costs incurred by the County Clerk within
30 days of receipt of an invoice setting forth the costs of the canceled election
pursuant to § 1-5-208(5), C.R.S.
2 of 5
Memorandum of Intergovernmental Agreement
For Conduct of General Elections
4. Duties of County Clerk
Agrees to perform the following tasks and activities:
a. Except as otherwise expressly provided for in this Agreement, to act as the
Coordinated Election Official for the conduct of the election for the Jurisdiction for all
matters in the Code which require action by the Coordinated Election Official and as
General Election official.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to § 1-7-905 and
906(1), C.R.S. and publish and post notice, as directed in § 1-5-205, C.R.S.
Publication by the County Clerk will only be in the County legal newspaper and the
Windsor Beacon.
c. Provide 2 locations for voters to apply for and obtain mail-in ballots:
• The Weld County Training Center, 1104 H Street, Greeley, CO
• October 4— November 1, 2010 — 8:00 a.m. — 5:00 p.m. — Monday— Friday
• Election Day— November 2, 2010 — 7:00 a.m. —7:00 p.m.
• The Southwest Weld Office (Del Camino), 4209 County Road 24 1/2,
Longmont, CO
• October 18— November 1, 2010— 8:00 a.m. — 5:00 p.m. — Monday— Friday
• Election Day— November 2, 2010 — 7:00 a.m. — 7:00 p.m.
d. Provide five Early Vote Sites — October 18 — October 29, 2010, that will be open
from 8:00 a.m. to 5:00 p.m. — Monday— Friday, at:
• Weld County Training Center, 1104 H Street, Greeley, CO
• Southwest Weld Office (Del Camino), 4209 County Road 24 Y , Longmont,
CO
• Trinity Lutheran Church, 3000 S. 35th Avenue, Greeley, CO
• Windsor Community Rec. Center, 250 11th Street, Windsor, CO
• Southeast Weld Office, 2950 9'h Street, Fort Lupton, CO
e. Give notice to Jurisdiction of the number of registered electors within the Jurisdiction
as of the effective date of cutoff for registration; identify the members of the Board of
Canvassers eligible for receiving a fee; and bill the Jurisdiction.
f. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction
and the County Clerk.
g. The County Clerk shall appoint and train election judges and this power shall be
delegated by the Jurisdiction to the County Clerk, to the extent required or allowed
by law.
h. Select and appoint a Board of Canvassers to canvass the votes; provided that the
Jurisdiction, at its option, may designate one of its members and one eligible elector
from the jurisdiction to assist the County Clerk in the survey of the returns for that
jurisdiction. If the Jurisdiction desires to appoint one of its members and an eligible
elector to assist, it shall make those appointments, and shall notify the County Clerk
in writing of those appointments not later than 15 days prior to the election. The
County Clerk shall receive and canvass all votes, and shall certify the results in the
3 of 5
Memorandum of Intergovernmental Agreement
For Conduct of General Elections
time and manner provided and required by the Code. The County Clerk shall
perform all recounts required by the Code.
Establish combined precincts pursuant to § 1-5-102.7, C.R.S., if warranted, and
subject to the separate express approval by the Board of County Commissioners.
5. General Provisions
a. Time is of the essence in this Agreement. The statutory time frames of the Code
shall apply to the completion of the tasks required by this Agreement.
b. Conflict of Agreement with law.
This Agreement shall be interpreted to be consistent with the Code, and provisions
of Title 31 and 22 applicable to the conduct of elections and 8 C.C.R. 1505-1. Should
there be an irreconcilable conflict between the statutes, this agreement and the
Colorado Regulations, the statutes shall first prevail, then this agreement and lastly
the Colorado Regulations.
c. Liquidated damages provision.
In the event that a Court of competent jurisdiction finds that the election for the
Jurisdiction was void or otherwise fatally defective as a result of the sole negligence
or failure of the County Clerk to perform in accordance with this Agreement or laws
applicable thereto, then the County Clerk shall, as liquidated damage, not as a
penalty, refund all payments made, pursuant to paragraph 3.g. of this Agreement
and shall, if requested by the Jurisdiction, conduct the next General Election which
may include any election made necessary by a defect in the election conducted
pursuant to this Agreement with no fee assessed to the Jurisdiction. This remedy
shall be the sole and exclusive remedy for damages available to the Jurisdiction
under this Agreement.
d. 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.
e. This constitutes the entire agreement of the parties and no amendment may be
made except in writing approved by the parties.
4 of 5
Memorandum of Intergovernmental Agreement
For Conduct of General Elections
f. Notice shall be given by Jurisdiction to the Clerk by phone:
(970) 304-6525, Extension 3178, fax (970) 304-6566,
E-mail: rsantos@co.weld.co.us, Address: PO Box 459, Greeley, CO 80632
The Jurisdiction notice shall be/given to the Jurisdiction at:
J Phone: 770- 111- X33 ri, fax: / 7o-n7 x678
E-mail: Cyic<otii e tou.N lianLd�, tc . �J
Address: 7/0/ / -Oti c
/'7. /% ,te i Co rrosy-3
DATED this /./ day of �v , 2010.
WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS
,OFFTHE/ COUNTY OF WELD COUNTY
)
Steve Moreno, Clerk and Recorder Douglas J. Ra emacher Chair
SEP082010
♦ ,a lam.
APPROVED AS TO FORM: ATTEST: i L. i► �j^l
Clerk to the B.ar. of Count o t q�lf 61 Cou Attorney Deputy Clerk tr a Board � � 7////:ppp///1--
% �jr-,
Town of Milliken
APPROVED AS TO FORM: ATTEST:
Je • e-'YF
Attorney for Jurisdiction (Signature) Designat Election Off' ial for Jurisdiction
(Signature)
5 of 5
Memorandum of Intergovernmental Agreement
For Conduct of General Elections
Town of Nunn, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the
Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners,"
and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the
administration of the November 2, 2010, General Election conducted pursuant to the Uniform
Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated
thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to address or modify
statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties
thereunder.
WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to
have certain items placed on the ballot at an election pursuant to its statutory authority, such
election to occur via vote center on November 2, 2010, and
WHEREAS, the Jurisdiction agrees to conduct a General Election with the County Clerk acting as
the Coordinated Election official, and
WHEREAS, the County Clerk is the "Coordinated Election Official," pursuant to § 1-7-116(2),
C.R.S., and is to perform certain election services in consideration of performances by the
Jurisdiction of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§ 1-1-111(3), 1-7-116, 22-30-104(2),
22-31-103, and 29-1-203, et seq., C.R.S.
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows:
1. The Jurisdiction encompasses territory within Weld County and
County. This Agreement shall be construed to apply only to that portion of the Jurisdiction
within Weld County.
2. Term of Agreement: This Agreement is intended only to deal with the conduct of the
November 2, 2010, General Election.
3. The Jurisdiction agrees to perform the following tasks and activities:
a. Conduct all procedures required of the clerk for initiatives, referenda, and referred
measures under the provisions of §§ 31-11-101 through 118 and 22-30-104(4),
C.R.S.
b. To do all tasks required by law of designated election officials concerning nomination
of candidates by petition, including, but not limited to: issue approval as to form,
where appropriate, of nominating petition; determine candidate eligibility; receive
candidate acceptance of nominations; accept notice of intent, petitions for
nomination, and affidavits of circulators; verify signatures on nominating petitions;
and hear any protests of the nominating petitions, as said tasks are set forth in any
applicable provisions of Title 1, Article IV, Parts 8 and 9, § 1-4-501, § 22-31-103,
C.R.S., and those portions of the Colorado Municipal Election Code of 1965, Article
X of Title 31, as adopted by reference pursuant to § 1-4-805, C.R.S.
c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's
portion of the ballot and submit to the County Clerk in final form. The ballot content,
1 of 5
L
Memorandum of Intergovernmental Agreement
For Conduct of General Elections
including a list of candidates, ballot title, and text, must be certified to the County
Clerk no later than 60 days before the election, pursuant to § 1-5-203(3)(a), C.R.S.
d. Publish and post notice of election pursuant to § 1-5-205(1), C.R.S., and include the
information regarding the walk-in location address for application or return of mail
ballots as set forth in paragraph 4.d of this Agreement.
e. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and
1-40-125(2)(e), C.R.S. Comments to be accepted must be filed by the end of the
business day on the Friday before the 45th day before the election. Preparation of
summaries of written comments shall be done by the jurisdiction but only to the
extent required pursuant to § 1-7-903(3), C.R.S. The full text of any required ballot
issue notices must be transmitted to and received by the County Clerk no less than
42 days prior to the election. No portion of this paragraph shall require the County
Clerk to prepare summaries regarding the Jurisdiction's ballot issues.
f. Accept affidavits of intent to accept write-in candidacy up until close of business on
August 24, 2010, and provide a list of valid affidavits received and forward them to
the County Clerk pursuant to § 1-4-1102 (2), C.R.S.
g. Pay the sum of $1.00 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 2, 2010, election,
with a $200 minimum, within 30 days of billing, regardless of whether or not the
election is actually held. In addition, Jurisdiction shall also reimburse Clerk for
payment of members of the Board of Canvassers, eligible to be paid, the sum of $15
per day pursuant to § 1-10-201(4), C.R.S., when the Jurisdiction designates persons
for the Board of Canvassers pursuant to paragraph 4.h. of this Agreement. If the
Jurisdiction cancels the election before its Section 20, Article X notices are due to
the County and prior to the County Clerk incurring any expenses for the printing of
the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction
shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107, 1-10.5-
104, or 1-11-215 C.R.S., except for costs collected from an "interested party"
pursuant to §1-10.5-106 which shall be collected by the entity conducting the
recount.
h. Designate an "election officer" who shall act as the primary liaison between the
Jurisdiction and the County Clerk and who will have primary responsibility for the
conduct of election procedures to be handled by the Jurisdiction hereunder.
By approval of this Agreement, any municipality is resolving not to use the provisions
of the Municipal Election Code, except as otherwise set forth herein or as its use is
specifically authorized by the Code.
j. Mail notices pursuant to § 1-7-906(2) for active registered electors who do not reside
within the County or counties where the political subdivision is located.
k. Carry out all action necessary for cancellation of an election including notice
pursuant to § 1-5-208, C.R.S., and pay any costs incurred by the County Clerk within
30 days of receipt of an invoice setting forth the costs of the canceled election
pursuant to § 1-5-208(5), C.R.S.
2 of 5
Memorandum of Intergovernmental Agreement
For Conduct of General Elections
4. Duties of County Clerk
Agrees to perform the following tasks and activities:
a. Except as otherwise expressly provided for in this Agreement, to act as the
Coordinated Election Official for the conduct of the election for the Jurisdiction for all
matters in the Code which require action by the Coordinated Election Official and as
General Election official.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to § 1-7-905 and
906(1), C.R.S. and publish and post notice, as directed in § 1-5-205, C.R.S.
Publication by the County Clerk will only be in the County legal newspaper and the
Windsor Beacon.
c. Provide 2 locations for voters to apply for and obtain mail-in ballots:
• The Weld County Training Center, 1104 H Street, Greeley, CO
• October 4 — November 1, 2010-8:00 a.m. - 5:00 p.m. — Monday — Friday
• Election Day— November 2, 2010- 7:00 a.m. - 7:00 p.m.
• The Southwest Weld Office (Del Camino), 4209 County Road 24 '/2,
Longmont, CO
• October 18— November 1, 2010- 8:00 a.m. - 5:00 p.m. — Monday— Friday
• Election Day— November 2, 2010- 7:00 a.m. - 7:00 p.m.
d. Provide five Early Vote Sites — October 18 — October 29, 2010, that will be open
from 8:00 a.m. to 5:00 p.m. — Monday— Friday, at:
• Weld County Training Center, 1104 H Street, Greeley, CO
• Southwest Weld Office (Del Camino), 4209 County Road 24 Y2 , Longmont,
CO
• Trinity Lutheran Church, 3000 S. 35th Avenue, Greeley, CO
• Windsor Community Rec. Center, 250 11th Street, Windsor, CO
• Southeast Weld Office, 2950 9th Street, Fort Lupton, CO
e. Give notice to Jurisdiction of the number of registered electors within the Jurisdiction
as of the effective date of cutoff for registration; identify the members of the Board of
Canvassers eligible for receiving a fee; and bill the Jurisdiction.
f. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction
and the County Clerk.
g. The County Clerk shall appoint and train election judges and this power shall be
delegated by the Jurisdiction to the County Clerk, to the extent required or allowed
by law.
h. Select and appoint a Board of Canvassers to canvass the votes; provided that the
Jurisdiction, at its option, may designate one of its members and one eligible elector
from the jurisdiction to assist the County Clerk in the survey of the returns for that
jurisdiction. If the Jurisdiction desires to appoint one of its members and an eligible
elector to assist, it shall make those appointments, and shall notify the County Clerk
in writing of those appointments not later than 15 days prior to the election. The
County Clerk shall receive and canvass all votes, and shall certify the results in the
3 of 5
Memorandum of Intergovernmental Agreement
For Conduct of General Elections
time and manner provided and required by the Code. The County Clerk shall
perform all recounts required by the Code.
Establish combined precincts pursuant to § 1-5-102.7, C.R.S., if warranted, and
subject to the separate express approval by the Board of County Commissioners.
5. General Provisions
a. Time is of the essence in this Agreement. The statutory time frames of the Code
shall apply to the completion of the tasks required by this Agreement.
b. Conflict of Agreement with law.
This Agreement shall be interpreted to be consistent with the Code, and provisions
of Title 31 and 22 applicable to the conduct of elections and 8 C.C.R. 1505-1. Should
there be an irreconcilable conflict between the statutes, this agreement and the
Colorado Regulations, the statutes shall first prevail, then this agreement and lastly
the Colorado Regulations.
c. Liquidated damages provision.
In the event that a Court of competent jurisdiction finds that the election for the
Jurisdiction was void or otherwise fatally defective as a result of the sole negligence
or failure of the County Clerk to perform in accordance with this Agreement or laws
applicable thereto, then the County Clerk shall, as liquidated damage, not as a
penalty, refund all payments made, pursuant to paragraph 3.g. of this Agreement
and shall, if requested by the Jurisdiction, conduct the next General Election which
may include any election made necessary by a defect in the election conducted
pursuant to this Agreement with no fee assessed to the Jurisdiction. This remedy
shall be the sole and exclusive remedy for damages available to the Jurisdiction
under this Agreement.
d. 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.
e. This constitutes the entire agreement of the parties and no amendment may be
made except in writing approved by the parties.
4 of 5
Memorandum of Intergovernmental Agreement
For Conduct of General Elections
f. Notice shall be given by Jurisdiction to the Clerk by phone:
(970) 304-6525, Extension 3178, fax (970) 304-6566,
E-mail: rsantos@co.weld.co.us, Address: PO Box 459, Greeley, CO 80632
The Jurisdiction notice shall be given to the Jurisdiction at:
Phone: 970 g47' 61 a&S , fax: qia - kW-aseyo
E-mail: own n pl 4aOM .
a
Address: i�S 1 fr1C.n)v1 4ve •
"1(1 wA r11 O0 • ?Ito Lit .
DATED this CU- ay of 1),Sr , 2010.
WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS
/�//nT�,� � � ^_ / OFF THE COUNTY/p OF WELD COUNTY
_ii�1. / " mot/ L- rC -our�la-4, 2v"7 �
Steve Moreno, Clerk and Recorder Dougla J. Rade acher, Chair
SEP " S 2010
APPROVED AS TO FORM: ATTEST: r _I
Clerk to the Board of County Co iss r
e
Cou Attorney Deputy Clerk to e Board i, -, 4
Town of Nunn
APPROVED AS TO FORM: ATTEST:
114 yot . . 07a& 0-A-'."1 R,e,ju ac_ .
Attorney for Jurisdiction (signature) Designated Election Official for Jurisdiction
(Signature)
5 of 5
Memorandum of Intergovernmental Agreement
For Conduct of General Elections
Town of Windsor, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the
Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners,"
and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the
administration of the November 2, 2010, General Election conducted pursuant to the Uniform
Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated
thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to address or modify
statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties
thereunder.
WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to
have certain items placed on the ballot at an election pursuant to its statutory authority, such
election to occur via vote center on November 2, 2010, and
WHEREAS, the Jurisdiction agrees to conduct a General Election with the County Clerk acting as
the Coordinated Election official, and
WHEREAS, the County Clerk is the "Coordinated Election Official," pursuant to § 1-7-116(2),
C.R.S., and is to perform certain election services in consideration of performances by the
Jurisdiction of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§ 1-1-111(3), 1-7-116, 22-30-104(2),
22-31-103, and 29-1-203, et seq., C.R.S.
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows:
1. The Jurisdiction encompasses territory within Weld County and t a v 1 V
County. This Agreement shall be construed to apply only to that portion of the Jurisdiction
within Weld County.
2. Term of Agreement: This Agreement is intended only to deal with the conduct of the
November 2, 2010, General Election.
3. The Jurisdiction agrees to perform the following tasks and activities:
a. Conduct all procedures required of the clerk for initiatives, referenda, and referred
measures under the provisions of §§ 31-11-101 through 118 and 22-30-104(4),
C.R.S.
b. To do all tasks required by law of designated election officials concerning nomination
of candidates by petition, including, but not limited to: issue approval as to form,
where appropriate, of nominating petition; determine candidate eligibility; receive
candidate acceptance of nominations; accept notice of intent, petitions for
nomination, and affidavits of circulators; verify signatures on nominating petitions;
and hear any protests of the nominating petitions, as said tasks are set forth in any
applicable provisions of Title 1, Article IV, Parts 8 and 9, § 1-4-501, § 22-31-103,
C.R.S., and those portions of the Colorado Municipal Election Code of 1965, Article
X of Title 31, as adopted by reference pursuant to § 1-4-805, C.R.S.
c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's
portion of the ballot and submit to the County Clerk in final form. The ballot content,
to 1of5
9 P Lim
ail'/O- �C�lf
Memorandum of Intergovernmental Agreement
For Conduct of General Elections
including a list of candidates, ballot title, and text, must be certified to the County
Clerk no later than 60 days before the election, pursuant to § 1-5-203(3)(a), C.R.S.
d. Publish and post notice of election pursuant to § 1-5-205(1), C.R.S., and include the
information regarding the walk-in location address for application or return of mail
ballots as set forth in paragraph 4.d of this Agreement.
e. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and
1-40-125(2)(e), C.R.S. Comments to be accepted must be filed by the end of the
business day on the Friday before the 45th day before the election. Preparation of
summaries of written comments shall be done by the jurisdiction but only to the
extent required pursuant to § 1-7-903(3), C.R.S. The full text of any required ballot
issue notices must be transmitted to and received by the County Clerk no less than
42 days prior to the election. No portion of this paragraph shall require the County
Clerk to prepare summaries regarding the Jurisdiction's ballot issues.
f. Accept affidavits of intent to accept write-in candidacy up until close of business on
August 24, 2010, and provide a list of valid affidavits received and forward them to
the County Clerk pursuant to § 1-4-1102 (2), C.R.S.
g. Pay the sum of $1.00 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 2, 2010, election,
with a $200 minimum, within 30 days of billing, regardless of whether or not the
election is actually held. In addition, Jurisdiction shall also reimburse Clerk for
payment of members of the Board of Canvassers, eligible to be paid, the sum of $15
per day pursuant to § 1-10-201(4), C.R.S., when the Jurisdiction designates persons
for the Board of Canvassers pursuant to paragraph 4.h. of this Agreement. If the
Jurisdiction cancels the election before its Section 20, Article X notices are due to
the County and prior to the County Clerk incurring any expenses for the printing of
the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction
shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107, 1-10.5-
104, or 1-11-215 C.R.S., except for costs collected from an "interested party"
pursuant to §1-10.5-106 which shall be collected by the entity conducting the
recount.
h. Designate an "election officer" who shall act as the primary liaison between the
Jurisdiction and the County Clerk and who will have primary responsibility for the
conduct of election procedures to be handled by the Jurisdiction hereunder.
By approval of this Agreement, any municipality is resolving not to use the provisions
of the Municipal Election Code, except as otherwise set forth herein or as its use is
specifically authorized by the Code.
j. Mail notices pursuant to § 1-7-906(2) for active registered electors who do not reside
within the County or counties where the political subdivision is located.
k. Carry out all action necessary for cancellation of an election including notice
pursuant to § 1-5-208, C.R.S., and pay any costs incurred by the County Clerk within
30 days of receipt of an invoice setting forth the costs of the canceled election
pursuant to § 1-5-208(5), C.R.S.
2 of 5
Memorandum of Intergovernmental Agreement
For Conduct of General Elections
4. Duties of County Clerk
Agrees to perform the following tasks and activities:
a. Except as otherwise expressly provided for in this Agreement, to act as the
Coordinated Election Official for the conduct of the election for the Jurisdiction for all
matters in the Code which require action by the Coordinated Election Official and as
General Election official.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to § 1-7-905 and
906(1), C.R.S. and publish and post notice, as directed in § 1-5-205, C.R.S.
Publication by the County Clerk will only be in the County legal newspaper and the
Windsor Beacon.
c. Provide 2 locations for voters to apply for and obtain mail-in ballots:
• The Weld County Training Center, 1104 H Street, Greeley, CO
• October 4— November 1, 2010- 8:00 a.m. - 5:00 p.m. — Monday— Friday
• Election Day— November 2, 2010 - 7:00 a.m. - 7:00 p.m.
• The Southwest Weld Office (Del Camino), 4209 County Road 24 1/2,
Longmont, CO
• October 18 — November 1, 2010- 8:00 a.m. - 5:00 p.m. — Monday— Friday
• Election Day— November 2, 2010- 7:00 a.m. - 7:00 p.m.
d. Provide five Early Vote Sites — October 18 — October 29, 2010, that will be open
from 8:00 a.m. to 5:00 p.m. — Monday— Friday, at:
• Weld County Training Center, 1104 H Street, Greeley, CO
• Southwest Weld Office (Del Camino), 4209 County Road 24 'h , Longmont,
CO
• Trinity Lutheran Church, 3000 S. 35th Avenue, Greeley, CO
• Windsor Community Rec. Center, 250 11th Street, Windsor, CO
• Southeast Weld Office, 2950 9`h Street, Fort Lupton, CO
e. Give notice to Jurisdiction of the number of registered electors within the Jurisdiction
as of the effective date of cutoff for registration; identify the members of the Board of
Canvassers eligible for receiving a fee; and bill the Jurisdiction.
f. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction
and the County Clerk.
g. The County Clerk shall appoint and train election judges and this power shall be
delegated by the Jurisdiction to the County Clerk, to the extent required or allowed
by law.
h. Select and appoint a Board of Canvassers to canvass the votes; provided that the
Jurisdiction, at its option, may designate one of its members and one eligible elector
from the jurisdiction to assist the County Clerk in the survey of the returns for that
jurisdiction. If the Jurisdiction desires to appoint one of its members and an eligible
elector to assist, it shall make those appointments, and shall notify the County Clerk
in writing of those appointments not later than 15 days prior to the election. The
County Clerk shall receive and canvass all votes, and shall certify the results in the
3 of 5
Memorandum of Intergovernmental Agreement
For Conduct of General Elections
time and manner provided and required by the Code. The County Clerk shall
perform all recounts required by the Code.
Establish combined precincts pursuant to § 1-5-102.7, C.R.S., if warranted, and
subject to the separate express approval by the Board of County Commissioners.
5. General Provisions
a. Time is of the essence in this Agreement. The statutory time frames of the Code
shall apply to the completion of the tasks required by this Agreement.
b. Conflict of Agreement with law.
This Agreement shall be interpreted to be consistent with the Code, and provisions
of Title 31 and 22 applicable to the conduct of elections and 8 C.C.R. 1505-1. Should
there be an irreconcilable conflict between the statutes, this agreement and the
Colorado Regulations, the statutes shall first prevail, then this agreement and lastly
the Colorado Regulations.
c. Liquidated damages provision.
In the event that a Court of competent jurisdiction finds that the election for the
Jurisdiction was void or otherwise fatally defective as a result of the sole negligence
or failure of the County Clerk to perform in accordance with this Agreement or laws
applicable thereto, then the County Clerk shall, as liquidated damage, not as a
penalty, refund all payments made, pursuant to paragraph 3.g. of this Agreement
and shall, if requested by the Jurisdiction, conduct the next General Election which
may include any election made necessary by a defect in the election conducted
pursuant to this Agreement with no fee assessed to the Jurisdiction. This remedy
shall be the sole and exclusive remedy for damages available to the Jurisdiction
under this Agreement.
d. 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.
e. This constitutes the entire agreement of the parties and no amendment may be
made except in writing approved by the parties.
4 of 5
Memorandum of Intergovernmental Agreement
For Conduct of General Elections
f. Notice shall be given by Jurisdiction to the Clerk by phone:
(970) 304-6525, Extension 3178, fax (970) 304-6566,
E-mail: rsantos@co.weld.co.us, Address: PO Box 459, Greeley, CO 80632
The Jurisdiction notice shall i� ��be given to the Jurisdiction IIatt:
Phone: 010 (Old Z�l(Y) , fax: " t U!�`'t Z"-a u
E-mail: j irti& ,b);tACt_WOjOj 2aCc
Address:
3)k OftI
( htv CO S1-)
DATED this `*"k--- day of tr\1W , 2010.
WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS
��- OF THE COUNTY OF WELD COUNTY
Steve Moreno, Clerk and Recorder Douglgo J. Rad acher, Chair
SEPP820
APPROVED AS TO FORM: ATTEST: r. .- -- - 1,• ! Lam%`
Clerk to the =oard of County .a •r"
361
s n
Co y Attorney Deputy Cler ¶the Board 67);n� A�
Town of Windsor
,APPROVED AS TO FORM: ATTEST:
1-4,(16
Attorney for Jurisdiction (Signature) Designate ction Official for Jurisdiction
\f C*- (Signature)
5 of 5
TOWN OF WINDSOR
RESOLUTION NO. 2010-37
BEING A RESOLUTION RATIFYING, APPROVING, AND CONFORMING THE TERMS AND
CONDITIONS OF THE AGREEMENT CONCERNING ELECTION SERVICES BETWEEN THE
TOWN OF WINDSOR AND COUNTY OF WELD WITH RESPECT TO THE COORDINATED
ELECTION SCHEDULED FOR NOVEMBER 2, 2010
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF WINDSOR,
COLORADO, AS FOLLOWS:
1. That the Town of Windsor hereby ratifies, approves and confirms the terms and
conditions of the Intergovernmental Agreement for Conduct of General Elections
between the County of Weld and the Town of Windsor, a copy of which is attached
hereto and made a part hereof; and
2. That the Town of Windsor hereby authorizes the Mayor of the Town to execute said
Agreement on behalf of the Town.
Upon motion duly made, seconded and carried, the foregoing Resolution was adopted this 9th day of August,
2010.
TOWN OE WINDSOR COLORADO
'% //
Jo,hKi S. Vazquez, Mayor` (% %
ATTEST:
) `? ,__�---
Patti Garcia, Towia Clerk
Memorandum of Intergovernmental Agreement
For Conduct of General Elections
City of Dacono, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the
Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners,"
and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the
administration of the November 2, 2010, General Election conducted pursuant to the Uniform
Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated
thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to address or modify
statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties
thereunder.
WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to
have certain items placed on the ballot at an election pursuant to its statutory authority, such
election to occur via vote center on November 2, 2010, and
WHEREAS, the Jurisdiction agrees to conduct a General Election with the County Clerk acting as
the Coordinated Election official, and
WHEREAS, the County Clerk is the "Coordinated Election Official," pursuant to § 1-7-116(2),
C.R.S., and is to perform certain election services in consideration of performances by the
Jurisdiction of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§ 1-1-111(3), 1-7-116, 22-30-104(2),
22-31-103, and 29-1-203, et seq., C.R.S.
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows:
1. The Jurisdiction encompasses territory within Weld County and
County. This Agreement shall be construed to apply only to that portion of the Jurisdiction
within Weld County.
2. Term of Agreement: This Agreement is intended only to deal with the conduct of the
November 2, 2010, General Election.
3. The Jurisdiction agrees to perform the following tasks and activities:
a. Conduct all procedures required of the clerk for initiatives, referenda, and referred
measures under the provisions of §§ 31-11-101 through 118 and 22-30-104(4),
C.R.S.
b. To do all tasks required by law of designated election officials concerning nomination
of candidates by petition, including, but not limited to: issue approval as to form,
where appropriate, of nominating petition; determine candidate eligibility; receive
candidate acceptance of nominations; accept notice of intent, petitions for
nomination, and affidavits of circulators; verify signatures on nominating petitions;
and hear any protests of the nominating petitions, as said tasks are set forth in any
applicable provisions of Title 1, Article IV, Parts 8 and 9, § 1-4-501, § 22-31-103,
C.R.S., and those portions of the Colorado Municipal Election Code of 1965, Article
X of Title 31, as adopted by reference pursuant to § 1-4-805, C.R.S.
c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's
portion of the ballot and submit to the County Clerk in final form. The ballot content,
ads„„„„h l of 5
y-.213/o
Memorandum of Intergovernmental Agreement
For Conduct of General Elections
including a list of candidates, ballot title, and text, must be certified to the County
Clerk no later than 60 days before the election, pursuant to § 1-5-203(3)(a), C.R.S.
d. Publish and post notice of election pursuant to § 1-5-205(1), C.R.S., and include the
information regarding the walk-in location address for application or return of mail
ballots as set forth in paragraph 4.d of this Agreement.
e. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and
1-40-125(2)(e), C.R.S. Comments to be accepted must be filed by the end of the
business day on the Friday before the 45th day before the election. Preparation of
summaries of written comments shall be done by the jurisdiction but only to the
extent required pursuant to § 1-7-903(3), C.R.S. The full text of any required ballot
issue notices must be transmitted to and received by the County Clerk no less than
42 days prior to the election. No portion of this paragraph shall require the County
Clerk to prepare summaries regarding the Jurisdiction's ballot issues.
f. Accept affidavits of intent to accept write-in candidacy up until close of business on
August 24, 2010, and provide a list of valid affidavits received and forward them to
the County Clerk pursuant to § 1-4-1102 (2), C.R.S.
g. Pay the sum of $1.00 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 2, 2010, election,
with a $200 minimum, within 30 days of billing, regardless of whether or not the
election is actually held. In addition, Jurisdiction shall also reimburse Clerk for
payment of members of the Board of Canvassers, eligible to be paid, the sum of $15
per day pursuant to § 1-10-201(4), C.R.S., when the Jurisdiction designates persons
for the Board of Canvassers pursuant to paragraph 4.h. of this Agreement. If the
Jurisdiction cancels the election before its Section 20, Article X notices are due to
the County and prior to the County Clerk incurring any expenses for the printing of
the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction
shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107, 1-10.5-
104, or 1-11-215 C.R.S., except for costs collected from an "interested party"
pursuant to §1-10.5-106 which shall be collected by the entity conducting the
recount.
h. Designate an "election officer" who shall act as the primary liaison between the
Jurisdiction and the County Clerk and who will have primary responsibility for the
conduct of election procedures to be handled by the Jurisdiction hereunder.
By approval of this Agreement, any municipality is resolving not to use the provisions
of the Municipal Election Code, except as otherwise set forth herein or as its use is
specifically authorized by the Code.
j. Mail notices pursuant to § 1-7-906(2) for active registered electors who do not reside
within the County or counties where the political subdivision is located.
k. Carry out all action necessary for cancellation of an election including notice
pursuant to § 1-5-208, C.R.S., and pay any costs incurred by the County Clerk within
30 days of receipt of an invoice setting forth the costs of the canceled election
pursuant to § 1-5-208(5), C.R.S.
2 of 5
Memorandum of Intergovernmental Agreement
For Conduct of General Elections
4. Duties of County Clerk
Agrees to perform the following tasks and activities:
a. Except as otherwise expressly provided for in this Agreement, to act as the
Coordinated Election Official for the conduct of the election for the Jurisdiction for all
matters in the Code which require action by the Coordinated Election Official and as
General Election official.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to § 1-7-905 and
906(1), C.R.S. and publish and post notice, as directed in § 1-5-205, C.R.S.
Publication by the County Clerk will only be in the County legal newspaper and the
Windsor Beacon.
c. Provide 2 locations for voters to apply for and obtain mail-in ballots:
• The Weld County Training Center, 1104 H Street, Greeley, CO
• October 4— November 1, 2010 - 8:00 a.m. - 5:00 p.m. — Monday— Friday
• Election Day— November 2, 2010 - 7:00 a.m. - 7:00 p.m.
• The Southwest Weld Office (Del Camino), 4209 County Road 24 %Z,
Longmont, CO
• October 18 — November 1, 2010 - 8:00 a.m. - 5:00 p.m. — Monday— Friday
• Election Day— November 2, 2010 - 7:00 a.m. - 7:00 p.m.
d. Provide five Early Vote Sites — October 18 — October 29, 2010, that will be open
from 8:00 a.m. to 5:00 p.m. — Monday— Friday, at:
• Weld County Training Center, 1104 H Street, Greeley, CO
• Southwest Weld Office (Del Camino), 4209 County Road 24 '/2 , Longmont,
CO
• Trinity Lutheran Church, 3000 S. 35`h Avenue, Greeley, CO
• Windsor Community Rec. Center, 250 11th Street, Windsor, CO
• Southeast Weld Office, 2950 9`h Street, Fort Lupton, CO
e. Give notice to Jurisdiction of the number of registered electors within the Jurisdiction
as of the effective date of cutoff for registration; identify the members of the Board of
Canvassers eligible for receiving a fee; and bill the Jurisdiction.
f. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction
and the County Clerk.
g. The County Clerk shall appoint and train election judges and this power shall be
delegated by the Jurisdiction to the County Clerk, to the extent required or allowed
by law.
h. Select and appoint a Board of Canvassers to canvass the votes; provided that the
Jurisdiction, at its option, may designate one of its members and one eligible elector
from the jurisdiction to assist the County Clerk in the survey of the returns for that
jurisdiction. If the Jurisdiction desires to appoint one of its members and an eligible
elector to assist, it shall make those appointments, and shall notify the County Clerk
in writing of those appointments not later than 15 days prior to the election. The
County Clerk shall receive and canvass all votes, and shall certify the results in the
3 of 5
Memorandum of Intergovernmental Agreement
For Conduct of General Elections
time and manner provided and required by the Code. The County Clerk shall
perform all recounts required by the Code.
Establish combined precincts pursuant to § 1-5-102.7, C.R.S., if warranted, and
subject to the separate express approval by the Board of County Commissioners.
5. General Provisions
a. Time is of the essence in this Agreement. The statutory time frames of the Code
shall apply to the completion of the tasks required by this Agreement.
b. Conflict of Agreement with law.
This Agreement shall be interpreted to be consistent with the Code, and provisions
of Title 31 and 22 applicable to the conduct of elections and 8 C.C.R. 1505-1. Should
there be an irreconcilable conflict between the statutes, this agreement and the
Colorado Regulations, the statutes shall first prevail, then this agreement and lastly
the Colorado Regulations.
c. Liquidated damages provision.
In the event that a Court of competent jurisdiction finds that the election for the
Jurisdiction was void or otherwise fatally defective as a result of the sole negligence
or failure of the County Clerk to perform in accordance with this Agreement or laws
applicable thereto, then the County Clerk shall, as liquidated damage, not as a
penalty, refund all payments made, pursuant to paragraph 3.g. of this Agreement
and shall, if requested by the Jurisdiction, conduct the next General Election which
may include any election made necessary by a defect in the election conducted
pursuant to this Agreement with no fee assessed to the Jurisdiction. This remedy
shall be the sole and exclusive remedy for damages available to the Jurisdiction
under this Agreement.
d. 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.
e. This constitutes the entire agreement of the parties and no amendment may be
made except in writing approved by the parties.
4 of 5
Memorandum of Intergovernmental Agreement
For Conduct of General Elections
f. Notice shall be given by Jurisdiction to the Clerk by phone:
(970) 304-6525, Extension 3178, fax (970) 304-6566,
E-mail: rsantosco.weld.co.us, Address: PO Box 459, Greeley, CO 80632
The Jurisdiction notice shall be given to the Jurisdiction at:
Phone: ?3O3-'633 x31-1 X03 3 , fax: -S33
E-mail: UP ��,bNec,.���oKo.co.uand
Address: ?R&-,c I $ �C
-Oa C_�in p CC> 2bc
DATED this day of , 2010.
WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
h
k2.6Steve Moreno, Clerk and Recorder Dougla J. Ra emacher, Chair
SEP 0 8 2010
APPROVED AS TO FORM: ATTEST:
Clerk to the Board of County Co miss e
/Wit 1S!
Cou Attorney Deputy Clerk tti e :oard
City of Dacono
ATTEST:
ay �/
fvl or Designated Election Official for Jurisdiction
5 of 5
Memorandum of Intergovernmental Agreement
For Conduct of General Elections
City of Greeley, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the
Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners,"
and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the
administration of the November 2, 2010, General Election conducted pursuant to the Uniform
Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated
thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to address or modify
statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties
thereunder.
WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to
have certain items placed on the ballot at an election pursuant to its statutory authority, such
election to occur via vote center on November 2, 2010, and
WHEREAS, the Jurisdiction agrees to conduct a General Election with the County Clerk acting as
the Coordinated Election official, and
WHEREAS, the County Clerk is the "Coordinated Election Official," pursuant to § 1-7-116(2),
C.R.S., and is to perform certain election services in consideration of performances by the
Jurisdiction of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§ 1-1-111(3), 1-7-116, 22-30-104(2),
22-31-103, and 29-1-203, et seq., C.R.S.
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows:
1. The Jurisdiction encompasses territory within Weld County and OngJ \Qe\c�
County. This Agreement shall be construed to apply only to that portion) of the Jurisdiction
within Weld County.
2. Term of Agreement: This Agreement is intended only to deal with the conduct of the
November 2, 2010, General Election.
3. The Jurisdiction agrees to perform the following tasks and activities:
a. Conduct all procedures required of the clerk for initiatives, referenda, and referred
measures under the provisions of §§ 31-11-101 through 118 and 22-30-104(4),
C.R.S.
b. To do all tasks required by law of designated election officials concerning nomination
of candidates by petition, including, but not limited to: issue approval as to form,
where appropriate, of nominating petition; determine candidate eligibility; receive
candidate acceptance of nominations; accept notice of intent, petitions for
nomination, and affidavits of circulators; verify signatures on nominating petitions;
and hear any protests of the nominating petitions, as said tasks are set forth in any
applicable provisions of Title 1, Article IV, Parts 8 and 9, § 1-4-501, § 22-31-103,
C.R.S., and those portions of the Colorado Municipal Election Code of 1965, Article
X of Title 31, as adopted by reference pursuant to § 1-4-805, C.R.S.
c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's
portion of the ballot and submit to the County Clerk in final form. The ballot content,
1 of 5
9-g- cid aCic -a�C,�f
a
Memorandum of Intergovernmental Agreement
For Conduct of General Elections
including a list of candidates, ballot title, and text, must be certified to the County
Clerk no later than 60 days before the election, pursuant to § 1-5-203(3)(a), C.R.S.
d. Publish and post notice of election pursuant to § 1-5-205(1), C.R.S., and include the
information regarding the walk-in location address for application or return of mail
ballots as set forth in paragraph 4.d of this Agreement.
e. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and
1-40-125(2)(e), C.R.S. Comments to be accepted must be filed by the end of the
business day on the Friday before the 45th day before the election. Preparation of
summaries of written comments shall be done by the jurisdiction but only to the
extent required pursuant to § 1-7-903(3), C.R.S. The full text of any required ballot
issue notices must be transmitted to and received by the County Clerk no less than
42 days prior to the election. No portion of this paragraph shall require the County
Clerk to prepare summaries regarding the Jurisdiction's ballot issues.
f. Accept affidavits of intent to accept write-in candidacy up until close of business on
August 24, 2010, and provide a list of valid affidavits received and forward them to
the County Clerk pursuant to § 1-4-1102 (2), C.R.S.
g. Pay the sum of $1.00 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 2, 2010, election,
with a $200 minimum, within 30 days of billing, regardless of whether or not the
election is actually held. In addition, Jurisdiction shall also reimburse Clerk for
payment of members of the Board of Canvassers, eligible to be paid, the sum of $15
per day pursuant to § 1-10-201(4), C.R.S., when the Jurisdiction designates persons
for the Board of Canvassers pursuant to paragraph 4.h. of this Agreement. If the
Jurisdiction cancels the election before its Section 20, Article X notices are due to
the County and prior to the County Clerk incurring any expenses for the printing of
the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction
shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107, 1-10.5-
104, or 1-11-215 C.R.S., except for costs collected from an "interested party"
pursuant to §1-10.5-106 which shall be collected by the entity conducting the
recount.
h. Designate an "election officer" who shall act as the primary liaison between the
Jurisdiction and the County Clerk and who will have primary responsibility for the
conduct of election procedures to be handled by the Jurisdiction hereunder.
By approval of this Agreement, any municipality is resolving not to use the provisions
of the Municipal Election Code, except as otherwise set forth herein or as its use is
specifically authorized by the Code.
j. Mail notices pursuant to § 1-7-906(2) for active registered electors who do not reside
within the County or counties where the political subdivision is located.
k. Carry out all action necessary for cancellation of an election including notice
pursuant to § 1-5-208, C.R.S., and pay any costs incurred by the County Clerk within
30 days of receipt of an invoice setting forth the costs of the canceled election
pursuant to § 1-5-208(5), C.R.S.
2 of 5
Memorandum of Intergovernmental Agreement
For Conduct of General Elections
4. Duties of County Clerk
Agrees to perform the following tasks and activities:
a. Except as otherwise expressly provided for in this Agreement, to act as the
Coordinated Election Official for the conduct of the election for the Jurisdiction for all
matters in the Code which require action by the Coordinated Election Official and as
General Election official.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to § 1-7-905 and
906(1), C.R.S. and publish and post notice, as directed in § 1-5-205, C.R.S.
Publication by the County Clerk will only be in the County legal newspaper and the
Windsor Beacon.
c. Provide 2 locations for voters to apply for and obtain mail-in ballots:
• The Weld County Training Center, 1104 H Street, Greeley, CO
• October 4— November 1, 2010— 8:00 a.m. — 5:00 p.m. — Monday— Friday
• Election Day— November 2, 2010— 7:00 a.m. — 7:00 p.m.
• The Southwest Weld Office (Del Camino), 4209 County Road 24 1/2,
Longmont, CO
• October 18— November 1, 2010— 8:00 a.m. — 5:00 p.m. — Monday— Friday
• Election Day— November 2, 2010—7:00 a.m. —7:00 p.m.
d. Provide five Early Vote Sites — October 18 — October 29, 2010, that will be open
from 8:00 a.m. to 5:00 p.m. — Monday— Friday, at:
• Weld County Training Center, 1104 H Street, Greeley, CO
• Southwest Weld Office (Del Camino), 4209 County Road 24 '/2 , Longmont,
CO
• Trinity Lutheran Church, 3000 S. 35th Avenue, Greeley, CO
• Windsor Community Rec. Center, 250 11th Street, Windsor, CO
• Southeast Weld Office, 2950 9th Street, Fort Lupton, CO
e. Give notice to Jurisdiction of the number of registered electors within the Jurisdiction
as of the effective date of cutoff for registration; identify the members of the Board of
Canvassers eligible for receiving a fee; and bill the Jurisdiction.
f. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction
and the County Clerk.
g. The County Clerk shall appoint and train election judges and this power shall be
delegated by the Jurisdiction to the County Clerk, to the extent required or allowed
by law.
h. Select and appoint a Board of Canvassers to canvass the votes; provided that the
Jurisdiction, at its option, may designate one of its members and one eligible elector
from the jurisdiction to assist the County Clerk in the survey of the returns for that
jurisdiction. If the Jurisdiction desires to appoint one of its members and an eligible
elector to assist, it shall make those appointments, and shall notify the County Clerk
in writing of those appointments not later than 15 days prior to the election. The
County Clerk shall receive and canvass all votes, and shall certify the results in the
3 of 5
Memorandum of Intergovernmental Agreement
For Conduct of General Elections
time and manner provided and required by the Code. The County Clerk shall
perform all recounts required by the Code.
Establish combined precincts pursuant to § 1-5-102.7, C.R.S., if warranted, and
subject to the separate express approval by the Board of County Commissioners.
5. General Provisions
a. Time is of the essence in this Agreement. The statutory time frames of the Code
shall apply to the completion of the tasks required by this Agreement.
b. Conflict of Agreement with law.
This Agreement shall be interpreted to be consistent with the Code, and provisions
of Title 31 and 22 applicable to the conduct of elections and 8 C.C.R. 1505-1. Should
there be an irreconcilable conflict between the statutes, this agreement and the
Colorado Regulations, the statutes shall first prevail, then this agreement and lastly
the Colorado Regulations.
c. Liquidated damages provision.
In the event that a Court of competent jurisdiction finds that the election for the
Jurisdiction was void or otherwise fatally defective as a result of the sole negligence
or failure of the County Clerk to perform in accordance with this Agreement or laws
applicable thereto, then the County Clerk shall, as liquidated damage, not as a
penalty, refund all payments made, pursuant to paragraph 3.g. of this Agreement
and shall, if requested by the Jurisdiction, conduct the next General Election which
may include any election made necessary by a defect in the election conducted
pursuant to this Agreement with no fee assessed to the Jurisdiction. This remedy
shall be the sole and exclusive remedy for damages available to the Jurisdiction
under this Agreement.
d. 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.
e. This constitutes the entire agreement of the parties and no amendment may be
made except in writing approved by the parties.
4 of 5
Memorandum of Intergovernmental Agreement
For Conduct of General Elections
f. Notice shall be given by Jurisdiction to the Clerk by phone:
(970) 304-6525, Extension 3178, fax (970) 304-6566,
E-mail: rsantos@co.weld.co.us, Address: PO Box 459, Greeley, CO 80632
The Jurisdiction notice shall be given to the Jurisdiction at:
Phone: Li'1D- '142_ , fax: 01113- 3S0 W2
1 `&,
E-mail: U€\-s,ii �o\Aetze��ec1tp ,d 0
Address: \O0O \o Y4- -rzeeik
(Tritele C b W l
DATED this day of , 2010.
WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
Steve Moreno, Clerk and Recorder ougl J. Ra macher, Chair
SEPO � ►
c'_' •.
APPROVED AS TO FORM: ATTEST: r �� �✓ '`
Clerk to the Board of County
� 1861
fed_
geld_ „
C my Attorney Deputy Clerk (the Board Qu vot`,�
City of Greeley
APPROVED AS TO FORM: ATTEST:
Attorney for Jurisdiction (Signature) Designated Election Official for Jurisdiction
(Signature)
5 of 5
,7C/C-a�Ct`
Memorandum of Intergovernmental Agreement
For Conduct of General Elections
CITY OF GREELEY, COLORADO SIGNATURE PAGE
Dated this Epp, day of ani,A , 2010.
CITY OF GREELEY, COLO O V� Goa
O
*Ant SE 1
41/44
y cu .,its
a £ c
/4„ y r:t'City Clerl
APPROVED//AS TO EGAL ORM:
By: L, Gam-
ty A orney
APPRO D' . TO SU:: ANCE:
By:
Ci
AVAIL S BILITY OF FUNDS:
By:
Director mance
CITY OF GREELEY, COLORADO
RESOLUTION NO. 59, 2010
A RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF GREELEY
TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH WELD
COUNTY TO PARTICIPATE IN THE NOVEMBER 2, 2010 COORDINATED
ELECTION
WHEREAS, pursuant to Colorado law, the County of Weld and the City of
Greeley 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
WHEREAS, the County of Weld, through the Weld County Clerk and Recorder
(County Clerk) and the City of Greeley (City) are authorized to conduct elections as
provided by law; and
WHEREAS, the City has determined that it is in the best interests of the City to
conduct its special election to be held November 2, 2010 as a "coordinated election" as
such term is defined in the Uniform Election Code of 1992, as amended, which also
contemplates the entry into and performance of an intergovernmental agreement to
cooperate in the conduct and financing of an election; and
WHEREAS, the County Clerk and the City have determined that it is in the best
interest of Weld County, the City, and their respective inhabitants to cooperate and
contract concerning the November 2, 2010 election upon the terms and conditions
contained in the attached intergovernmental agreement; and
WHEREAS, Colorado Constitution Article X, Section 20 requires the production
of a mailed notice(TABOR notice) concerning certain ballot issues that may be
submitted to the electors of the City, and the TABOR notices of several jurisdictions are
to be sent as a package where jurisdictions overlay; 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 the County Clerk
and the City desire to set forth their respective responsibilities in the production and
mailing of the TABOR notice package for the election conducted pursuant to the
intergovernmental agreement.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF GREELEY AS FOLLOWS:
Page 1 of 2
gCO
/
1. The Mayor is hereby authorized to enter into the attached
intergovernmental agreement with the County Clerk.
2. This Resolution shall become effective immediately upon its passage.
PASSED AND ADOPTED, SIGNED AND APPROVED this 17`h day of August,
2010.
CITY OF GREELEY, COLORADO
fill
Thomas E. Norton, Mayor
ATTEST: nn Lk 4 Betsy D ' olde , City Clerk
Page 2 of 2
CV/
Memorandum of Intergovernmental Agreement
For Conduct of General Elections
City of Northglenn, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the
Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners,"
and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the
administration of the November 2, 2010, General Election conducted pursuant to the Uniform
Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated
thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to address or modify
statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties
thereunder.
WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to
have certain items placed on the ballot at an election pursuant to its statutory authority, such
election to occur via vote center on November 2, 2010, and
WHEREAS, the Jurisdiction agrees to conduct a General Election with the County Clerk acting as
the Coordinated Election official, and
WHEREAS, the County Clerk is the "Coordinated Election Official," pursuant to § 1-7-116(2),
C.R.S., and is to perform certain election services in consideration of performances by the
Jurisdiction of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§ 1-1-111(3), 1-7-116, 22-30-104(2),
22-31-103, and 29-1-203, et seq., C.R.S.
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows:
1. The Jurisdiction encompasses territory within Weld County and AGT 4,1410
County. This Agreement shall be construed to apply only to that portion of the Jurisdiction
within Weld County.
2. Term of Agreement: This Agreement is intended only to deal with the conduct of the
November 2, 2010, General Election.
3. The Jurisdiction agrees to perform the following tasks and activities:
a. Conduct all procedures required of the clerk for initiatives, referenda, and referred
measures under the provisions of §§ 31-11-101 through 118 and 22-30-104(4),
C.R.S.
b. To do all tasks required by law of designated election officials concerning nomination
of candidates by petition, including, but not limited to: issue approval as to form,
where appropriate, of nominating petition; determine candidate eligibility; receive
candidate acceptance of nominations; accept notice of intent, petitions for
nomination, and affidavits of circulators; verify signatures on nominating petitions;
and hear any protests of the nominating petitions, as said tasks are set forth in any
applicable provisions of Title 1, Article IV, Parts 8 and 9, § 1-4-501, § 22-31-103,
C.R.S., and those portions of the Colorado Municipal Election Code of 1965, Article
X of Title 31, as adopted by reference pursuant to § 1-4-805, C.R.S.
c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's
portion of the ballot and submit to the County Clerk in final form. The ballot content,
1 of 5
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(iMi.L2a✓1" 40164,_
9-g -.acre
,?C/D-- LC' V
Memorandum of Intergovernmental Agreement
For Conduct of General Elections
including a list of candidates, ballot title, and text, must be certified to the County
Clerk no later than 60 days before the election, pursuant to § 1-5-203(3)(a), C.R.S.
d. Publish and post notice of election pursuant to § 1-5-205(1), C.R.S., and include the
information regarding the walk-in location address for application or return of mail
ballots as set forth in paragraph 4.d of this Agreement.
e. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and
1-40-125(2)(e), C.R.S. Comments to be accepted must be filed by the end of the
business day on the Friday before the 45th day before the election. Preparation of
summaries of written comments shall be done by the jurisdiction but only to the
extent required pursuant to § 1-7-903(3), C.R.S. The full text of any required ballot
issue notices must be transmitted to and received by the County Clerk no less than
42 days prior to the election. No portion of this paragraph shall require the County
Clerk to prepare summaries regarding the Jurisdiction's ballot issues.
f. Accept affidavits of intent to accept write-in candidacy up until close of business on
August 24, 2010, and provide a list of valid affidavits received and forward them to
the County Clerk pursuant to § 1-4-1102 (2), C.R.S.
g. Pay the sum of $1.00 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 2, 2010, election,
with a $200 minimum, within 30 days of billing, regardless of whether or not the
election is actually held. In addition, Jurisdiction shall also reimburse Clerk for
payment of members of the Board of Canvassers, eligible to be paid, the sum of $15
per day pursuant to § 1-10-201(4), C.R.S., when the Jurisdiction designates persons
for the Board of Canvassers pursuant to paragraph 4.h. of this Agreement. If the
Jurisdiction cancels the election before its Section 20, Article X notices are due to
the County and prior to the County Clerk incurring any expenses for the printing of
the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction
shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107, 1-10.5-
104, or 1-11-215 C.R.S., except for costs collected from an "interested party"
pursuant to §1-10.5-106 which shall be collected by the entity conducting the
recount.
h. Designate an "election officer' who shall act as the primary liaison between the
Jurisdiction and the County Clerk and who will have primary responsibility for the
conduct of election procedures to be handled by the Jurisdiction hereunder.
By approval of this Agreement, any municipality is resolving not to use the provisions
of the Municipal Election Code, except as otherwise set forth herein or as its use is
specifically authorized by the Code.
j. Mail notices pursuant to § 1-7-906(2) for active registered electors who do not reside
within the County or counties where the political subdivision is located.
k. Carry out all action necessary for cancellation of an election including notice
pursuant to § 1-5-208, C.R.S., and pay any costs incurred by the County Clerk within
30 days of receipt of an invoice setting forth the costs of the canceled election
pursuant to § 1-5-208(5), C.R.S.
2 of 5
•
Memorandum of Intergovernmental Agreement
For Conduct of General Elections
4. Duties of County Clerk
Agrees to perform the following tasks and activities:
a. Except as otherwise expressly provided for in this Agreement, to act as the
Coordinated Election Official for the conduct of the election for the Jurisdiction for all
matters in the Code which require action by the Coordinated Election Official and as
General Election official.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to § 1-7-905 and
906(1), C.R.S. and publish and post notice, as directed in § 1-5-205, C.R.S.
Publication by the County Clerk will only be in the County legal newspaper and the
Windsor Beacon.
c. Provide 2 locations for voters to apply for and obtain mail-in ballots:
• The Weld County Training Center, 1104 H Street, Greeley, CO
• October 4— November 1, 2010— 8:00 a.m. — 5:00 p.m. — Monday— Friday
• Election Day— November 2, 2010— 7:00 a.m. — 7:00 p.m.
• The Southwest Weld Office (Del Camino), 4209 County Road 24 1/2,
Longmont, CO
• October 18— November 1, 2010 —8:00 a.m. — 5:00 p.m. — Monday— Friday
• Election Day— November 2, 2010— 7:00 a.m. — 7:00 p.m.
d. Provide five Early Vote Sites — October 18 — October 29, 2010, that will be open
from 8:00 a.m. to 5:00 p.m. — Monday— Friday, at:
• Weld County Training Center, 1104 H Street, Greeley, CO
• Southwest Weld Office (Del Camino), 4209 County Road 24 '/2 , Longmont,
CO
• Trinity Lutheran Church, 3000 S. 35th Avenue, Greeley, CO
• Windsor Community Rec. Center, 250 11th Street, Windsor, CO
• Southeast Weld Office, 2950 9th Street, Fort Lupton, CO
e. Give notice to Jurisdiction of the number of registered electors within the Jurisdiction
as of the effective date of cutoff for registration; identify the members of the Board of
Canvassers eligible for receiving a fee; and bill the Jurisdiction.
f. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction
and the County Clerk.
g. The County Clerk shall appoint and train election judges and this power shall be
delegated by the Jurisdiction to the County Clerk, to the extent required or allowed
by law.
h. Select and appoint a Board of Canvassers to canvass the votes; provided that the
Jurisdiction, at its option, may designate one of its members and one eligible elector
from the jurisdiction to assist the County Clerk in the survey of the returns for that
jurisdiction. If the Jurisdiction desires to appoint one of its members and an eligible
elector to assist, it shall make those appointments, and shall notify the County Clerk
in writing of those appointments not later than 15 days prior to the election. The
County Clerk shall receive and canvass all votes, and shall certify the results in the
3 of 5
Memorandum of Intergovernmental Agreement
For Conduct of General Elections
time and manner provided and required by the Code. The County Clerk shall
perform all recounts required by the Code.
Establish combined precincts pursuant to § 1-5-102.7, C.R.S., if warranted, and
subject to the separate express approval by the Board of County Commissioners.
5. General Provisions
a. Time is of the essence in this Agreement. The statutory time frames of the Code
shall apply to the completion of the tasks required by this Agreement.
b. Conflict of Agreement with law.
This Agreement shall be interpreted to be consistent with the Code, and provisions
of Title 31 and 22 applicable to the conduct of elections and 8 C.C.R. 1505-1. Should
there be an irreconcilable conflict between the statutes, this agreement and the
Colorado Regulations, the statutes shall first prevail, then this agreement and lastly
the Colorado Regulations.
c. Liquidated damages provision.
In the event that a Court of competent jurisdiction finds that the election for the
Jurisdiction was void or otherwise fatally defective as a result of the sole negligence
or failure of the County Clerk to perform in accordance with this Agreement or laws
applicable thereto, then the County Clerk shall, as liquidated damage, not as a
penalty, refund all payments made, pursuant to paragraph 3.g. of this Agreement
and shall, if requested by the Jurisdiction, conduct the next General Election which
may include any election made necessary by a defect in the election conducted
pursuant to this Agreement with no fee assessed to the Jurisdiction. This remedy
shall be the sole and exclusive remedy for damages available to the Jurisdiction
under this Agreement.
d. 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.
e. This constitutes the entire agreement of the parties and no amendment may be
made except in writing approved by the parties.
4 of 5
Memorandum of Intergovernmental Agreement
For Conduct of General Elections
f. Notice shall be given by Jurisdiction to the Clerk by phone:
(970) 304-6525, Extension 3178, fax (970) 304-6566,
E-mail: rsantos(4co.weld.co.us, Address: PO Box 459, Greeley, CO 80632
The Jurisdiction notice shall be given to the Jurisdiction at:
Phone: 303-450-8757 , fax: 303-450-8798 ,
E-mail: 1small@northglenn.org and
Address: PO Box 330061 / 11701 Community Center Drive
Northglenn, Colorado 80233
•
DATED this day of , 2010.
WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
�w 7ix�eg2�r�f•c11�
Steve Moreno, Clerk and Recorder ouggl(as J. FF1lademacher, Chair
SEP0820I
P tii
APPROVED AS TO FO ATTEST:
Clerk to the Board of County C.G�mi•. •,rd
1861 1r61� `a�C
Co y Attorney Deputy Clerk to �e Board �OuNl ,
City of Northglenn
APPROVED AS TO FORM: ATTEST:
Attorn dr Jurisdi ' n (signature) De •gna d Election Official for Jurisdiction
(Sig a
yc Downing, Mayor
5 of 5
o7C/C•- iC.5e/
•
Memorandum of Intergovernmental Agreement
For Conduct of General Elections
Weld County School District 27J (Brighton), hereinafter referred to as "Jurisdiction," does hereby
agree and contract with the Board of County Commissioners of the County of Weld, hereinafter
referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to
as "County Clerk," concerning the administration of the November 2, 2010, General Election
conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and
the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not
intended to address or modify statutory provisions regarding voter registration, nor to address or
modify the County Clerk's duties thereunder.
WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to
have certain items placed on the ballot at an election pursuant to its statutory authority, such
election to occur via vote center on November 2, 2010, and
WHEREAS, the Jurisdiction agrees to conduct a General Election with the County Clerk acting as
the Coordinated Election official, and
WHEREAS, the County Clerk is the "Coordinated Election Official," pursuant to § 1-7-116(2),
C.R.S., and is to perform certain election services in consideration of performances by the
Jurisdiction of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§ 1-1-111(3), 1-7-116, 22-30-104(2),
22-31-103, and 29-1-203, et seq., C.R.S.
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows:
1. The Jurisdiction encompasses territory within Weld County and ADAMS
County. This Agreement shall be construed to apply only to that portion of the Jurisdiction
within Weld County.
2. Term of Agreement: This Agreement is intended only to deal with the conduct of the
November 2, 2010, General Election.
3. The Jurisdiction agrees to perform the following tasks and activities:
a. Conduct all procedures required of the clerk for initiatives, referenda, and referred
measures under the provisions of §§ 31-11-101 through 118 and 22-30-104(4),
C.R.S.
b. To do all tasks required by law of designated election officials concerning nomination
of candidates by petition, including, but not limited to: issue approval as to form,
where appropriate, of nominating petition; determine candidate eligibility; receive
candidate acceptance of nominations; accept notice of intent, petitions for
nomination, and affidavits of circulators; verify signatures on nominating petitions;
and hear any protests of the nominating petitions, as said tasks are set forth in any
applicable provisions of Title 1, Article IV, Parts 8 and 9, § 1-4-501, § 22-31-103,
C.R.S., and those portions of the Colorado Municipal Election Code of 1965, Article
X of Title 31, as adopted by reference pursuant to § 1-4-805, C.R.S.
c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's
portion of the ballot and submit to the County Clerk in final form. The ballot content,
(24o4a6 I of 5
Memorandum of Intergovernmental Agreement
For Conduct of General Elections
including a list of candidates, ballot title, and text, must be certified to the County
Clerk no later than 60 days before the election, pursuant to § 1-5-203(3)(a), C.R.S.
d. Publish and post notice of election pursuant to § 1-5-205(1), C.R.S., and include the
information regarding the walk-in location address for application or return of mail
ballots as set forth in paragraph 4.d of this Agreement.
e. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and
1-40-125(2)(e), C.R.S. Comments to be accepted must be filed by the end of the
business day on the Friday before the 45th day before the election. Preparation of
summaries of written comments shall be done by the jurisdiction but only to the
extent required pursuant to § 1-7-903(3), C.R.S. The full text of any required ballot
issue notices must be transmitted to and received by the County Clerk no less than
42 days prior to the election. No portion of this paragraph shall require the County
Clerk to prepare summaries regarding the Jurisdiction's ballot issues.
f. Accept affidavits of intent to accept write-in candidacy up until close of business on
August 24, 2010, and provide a list of valid affidavits received and forward them to
the County Clerk pursuant to § 1-4-1102 (2), C.R.S.
g. Pay the sum of $1.00 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 2, 2010, election,
with a $200 minimum, within 30 days of billing, regardless of whether or not the
election is actually held. In addition, Jurisdiction shall also reimburse Clerk for
payment of members of the Board of Canvassers, eligible to be paid, the sum of $15
per day pursuant to § 1-10-201(4), C.R.S., when the Jurisdiction designates persons
for the Board of Canvassers pursuant to paragraph 4.h. of this Agreement. If the
Jurisdiction cancels the election before its Section 20, Article X notices are due to
the County and prior to the County Clerk incurring any expenses for the printing of
the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction
shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107, 1-10.5-
104, or 1-11-215 C.R.S., except for costs collected from an "interested party"
pursuant to §1-10.5-106 which shall be collected by the entity conducting the
recount.
h. Designate an "election officer ' who shall act as the primary liaison between the
Jurisdiction and the County Clerk and who will have primary responsibility for the
conduct of election procedures to be handled by the Jurisdiction hereunder.
By approval of this Agreement, any municipality is resolving not to use the provisions
of the Municipal Election Code, except as otherwise set forth herein or as its use is
specifically authorized by the Code.
j. Mail notices pursuant to § 1-7-906(2) for active registered electors who do not reside
within the County or counties where the political subdivision is located.
k. Carry out all action necessary for cancellation of an election including notice
pursuant to § 1-5-208, C.R.S., and pay any costs incurred by the County Clerk within
30 days of receipt of an invoice setting forth the costs of the canceled election
pursuant to § 1-5-208(5), C.R.S.
2 of 5
Memorandum of Intergovernmental Agreement
For Conduct of General Elections
4. Duties of County Clerk
Agrees to perform the following tasks and activities:
a. Except as otherwise expressly provided for in this Agreement, to act as the
Coordinated Election Official for the conduct of the election for the Jurisdiction for all
matters in the Code which require action by the Coordinated Election Official and as
General Election official.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to § 1-7-905 and
906(1), C.R.S. and publish and post notice, as directed in § 1-5-205, C.R.S.
Publication by the County Clerk will only be in the County legal newspaper and the
Windsor Beacon.
c. Provide 2 locations for voters to apply for and obtain mail-in ballots:
• The Weld County Training Center, 1104 H Street, Greeley, CO
• October 4— November 1, 2010- 8:00 a.m. - 5:00 p.m. — Monday — Friday
• Election Day— November 2, 2010 - 7:00 a.m. - 7:00 p.m.
• The Southwest Weld Office (Del Camino), 4209 County Road 24 1,
Longmont, CO
• October 18— November 1, 2010- 8:00 a.m. - 5:00 p.m. — Monday— Friday
• Election Day — November 2, 2010 - 7:00 a.m. - 7:00 p.m.
d. Provide five Early Vote Sites — October 18 — October 29, 2010, that will be open
from 8:00 a.m. to 5:00 p.m. — Monday— Friday, at:
• Weld County Training Center, 1104 H Street, Greeley, CO
• Southwest Weld Office (Del Camino), 4209 County Road 24 Y , Longmont,
CO
• Trinity Lutheran Church, 3000 S. 35th Avenue, Greeley, CO
• Windsor Community Rec. Center, 250 11th Street, Windsor, CO
• Southeast Weld Office, 2950 9'h Street, Fort Lupton, CO
e. Give notice to Jurisdiction of the number of registered electors within the Jurisdiction
as of the effective date of cutoff for registration; identify the members of the Board of
Canvassers eligible for receiving a fee; and bill the Jurisdiction.
f. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction
and the County Clerk.
g. The County Clerk shall appoint and train election judges and this power shall be
delegated by the Jurisdiction to the County Clerk, to the extent required or allowed
by law.
h. Select and appoint a Board of Canvassers to canvass the votes; provided that the
Jurisdiction, at its option, may designate one of its members and one eligible elector
from the jurisdiction to assist the County Clerk in the survey of the returns for that
jurisdiction. If the Jurisdiction desires to appoint one of its members and an eligible
elector to assist, it shall make those appointments, and shall notify the County Clerk
in writing of those appointments not later than 15 days prior to the election. The
County Clerk shall receive and canvass all votes, and shall certify the results in the
3 of 5
Memorandum of Intergovernmental Agreement
For Conduct of General Elections
time and manner provided and required by the Code. The County Clerk shall
perform all recounts required by the Code.
Establish combined precincts pursuant to § 1-5-102.7, C.R.S., if warranted, and
subject to the separate express approval by the Board of County Commissioners.
5. General Provisions
a. Time is of the essence in this Agreement. The statutory time frames of the Code
shall apply to the completion of the tasks required by this Agreement.
b. Conflict of Agreement with law.
This Agreement shall be interpreted to be consistent with the Code, and provisions
of Title 31 and 22 applicable to the conduct of elections and 8 C.C.R. 1505-1. Should
there be an irreconcilable conflict between the statutes, this agreement and the
Colorado Regulations, the statutes shall first prevail, then this agreement and lastly
the Colorado Regulations.
c. Liquidated damages provision.
In the event that a Court of competent jurisdiction finds that the election for the
Jurisdiction was void or otherwise fatally defective as a result of the sole negligence
or failure of the County Clerk to perform in accordance with this Agreement or laws
applicable thereto, then the County Clerk shall, as liquidated damage, not as a
penalty, refund all payments made, pursuant to paragraph 3.g. of this Agreement
and shall, if requested by the Jurisdiction, conduct the next General Election which
may include any election made necessary by a defect in the election conducted
pursuant to this Agreement with no fee assessed to the Jurisdiction. This remedy
shall be the sole and exclusive remedy for damages available to the Jurisdiction
under this Agreement.
d. 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.
e. This constitutes the entire agreement of the parties and no amendment may be
made except in writing approved by the parties.
4 of 5
Memorandum of Intergovernmental Agreement
For Conduct of General Elections
f. Notice shall be given by Jurisdiction to the Clerk by phone:
(970) 304-6525, Extension 3178, fax (970) 304-6566,
E-mail: rsantos@co.weld.co.us, Address: PO Box 459, Greeley, CO 80632
The Jurisdiction notice shall be given to the Jurisdiction at:
Phone: 303-655-2952 , fax: 303-655-2870
E-mail: lsheats@sd271 .org and
Address: 18551. E. 160TH AVENUE
BRIGHTON, CO 80601
DATED this day of , 2010.
WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS
�j OF THE COUNTY OF WELD COUNTY
��� C�`L¢ Semcdt.-i--
Steve Moreno, Clerk and Recorder Doukas J. Zademacher, Chair
SEP 0 8 01 i ,�.•�.
APPROVED AS TO FO ATTEST: G,. 4`'I&�
Clerk to the Board of County Co i
y r �1
C inty At rney Deputy Clerk to +tee Board \ Jg
Weld County School District 27J (Brighton)
APPROVED AS TO FORM: ATTEST:
Att rney for J risdiction (Signature) Desig at d Election Official for Jurisdiction
(Signature
5 of 5
Memorandum of Intergovernmental Agreement
For Conduct of General Elections
LaSalle Fire Protection District, hereinafter referred to as "Jurisdiction," does hereby agree and
contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as
"Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County
Clerk," concerning the administration of the November 2, 2010, General Election conducted
pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and
regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to
address or modify statutory provisions regarding voter registration, nor to address or modify the
County Clerk's duties thereunder.
WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to
have certain items placed on the ballot at an election pursuant to its statutory authority, such
election to occur via vote center on November 2, 2010, and
WHEREAS, the Jurisdiction agrees to conduct a General Election with the County Clerk acting as
the Coordinated Election official, and
WHEREAS, the County Clerk is the "Coordinated Election Official," pursuant to § 1-7-116(2),
C.R.S., and is to perform certain election services in consideration of performances by the
Jurisdiction of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§ 1-1-111(3), 1-7-116, 22-30-104(2),
22-31-103, and 29-1-203, et seq., C.R.S.
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows:
1. The Jurisdiction encompasses territory within Weld County and
County. This Agreement shall be construed to apply only to that portion of the Jurisdiction
within Weld County.
2. Term of Agreement: This Agreement is intended only to deal with the conduct of the
November 2, 2010, General Election.
3. The Jurisdiction agrees to perform the following tasks and activities:
a. Conduct all procedures required of the clerk for initiatives, referenda, and referred
measures under the provisions of §§ 31-11-101 through 118 and 22-30-104(4),
C.R.S.
b. To do all tasks required by law of designated election officials concerning nomination
of candidates by petition, including, but not limited to: issue approval as to form,
where appropriate, of nominating petition; determine candidate eligibility; receive
candidate acceptance of nominations; accept notice of intent, petitions for
nomination, and affidavits of circulators; verify signatures on nominating petitions;
and hear any protests of the nominating petitions, as said tasks are set forth in any
applicable provisions of Title 1, Article IV, Parts 8 and 9, § 1-4-501, § 22-31-103,
C.R.S., and those portions of the Colorado Municipal Election Code of 1965, Article
X of Title 31, as adopted by reference pursuant to § 1-4-805, C.R.S.
c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's
portion of the ballot and submit to the County Clerk in final form. The ballot content,
J, thjemooL 1 of 5
9-1-a010
0?O/l%- aR/5%
Memorandum of Intergovernmental Agreement
For Conduct of General Elections
including a list of candidates, ballot title, and text, must be certified to the County
Clerk no later than 60 days before the election, pursuant to § 1-5-203(3)(a), C.R.S.
d. Publish and post notice of election pursuant to § 1-5-205(1), C.R.S., and include the
information regarding the walk-in location address for application or return of mail
ballots as set forth in paragraph 4.d of this Agreement.
e. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and
1-40-125(2)(e), C.R.S. Comments to be accepted must be filed by the end of the
business day on the Friday before the 45th day before the election. Preparation of
summaries of written comments shall be done by the jurisdiction but only to the
extent required pursuant to § 1-7-903(3), C.R.S. The full text of any required ballot
issue notices must be transmitted to and received by the County Clerk no less than
42 days prior to the election. No portion of this paragraph shall require the County
Clerk to prepare summaries regarding the Jurisdiction's ballot issues.
f. Accept affidavits of intent to accept write-in candidacy up until close of business on
August 24, 2010, and provide a list of valid affidavits received and forward them to
the County Clerk pursuant to § 1-4-1102 (2), C.R.S.
g. Pay the sum of $1.00 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 2, 2010, election,
with a $200 minimum, within 30 days of billing, regardless of whether or not the
election is actually held. In addition, Jurisdiction shall also reimburse Clerk for
payment of members of the Board of Canvassers, eligible to be paid, the sum of $15
per day pursuant to § 1-10-201(4), C.R.S., when the Jurisdiction designates persons
for the Board of Canvassers pursuant to paragraph 4.h. of this Agreement. If the
Jurisdiction cancels the election before its Section 20, Article X notices are due to
the County and prior to the County Clerk incurring any expenses for the printing of
the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction
shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107, 1-10.5-
104, or 1-11-215 C.R.S., except for costs collected from an "interested party"
pursuant to §1-10.5-106 which shall be collected by the entity conducting the
recount.
h. Designate an "election officer" who shall act as the primary liaison between the
Jurisdiction and the County Clerk and who will have primary responsibility for the
conduct of election procedures to be handled by the Jurisdiction hereunder.
By approval of this Agreement, any municipality is resolving not to use the provisions
of the Municipal Election Code, except as otherwise set forth herein or as its use is
specifically authorized by the Code.
j. Mail notices pursuant to § 1-7-906(2) for active registered electors who do not reside
within the County or counties where the political subdivision is located.
k. Carry out all action necessary for cancellation of an election including notice
pursuant to § 1-5-208, C.R.S., and pay any costs incurred by the County Clerk within
30 days of receipt of an invoice setting forth the costs of the canceled election
pursuant to § 1-5-208(5), C.R.S.
2 of 5
Memorandum of Intergovernmental Agreement
For Conduct of General Elections
4. Duties of County Clerk
Agrees to perform the following tasks and activities:
a. Except as otherwise expressly provided for in this Agreement, to act as the
Coordinated Election Official for the conduct of the election for the Jurisdiction for all
matters in the Code which require action by the Coordinated Election Official and as
General Election official.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to § 1-7-905 and
906(1), C.R.S. and publish and post notice, as directed in § 1-5-205, C.R.S.
Publication by the County Clerk will only be in the County legal newspaper and the
Windsor Beacon.
c. Provide 2 locations for voters to apply for and obtain mail-in ballots:
• The Weld County Training Center, 1104 H Street, Greeley, CO
• October 4— November 1, 2010- 8:00 a.m. - 5:00 p.m. — Monday— Friday
• Election Day— November 2, 2010 - 7:00 a.m. - 7:00 p.m.
• The Southwest Weld Office (Del Camino), 4209 County Road 24 '/ ,
Longmont, CO
• October 18 — November 1, 2010 - 8:00 a.m. - 5:00 p.m. — Monday — Friday
• Election Day— November 2, 2010 - 7:00 a.m. - 7:00 p.m.
d. Provide five Early Vote Sites — October 18 — October 29, 2010, that will be open
from 8:00 a.m. to 5:00 p.m. — Monday— Friday, at:
• Weld County Training Center, 1104 H Street, Greeley, CO
• Southwest Weld Office (Del Camino), 4209 County Road 24 '/ , Longmont,
CO
• Trinity Lutheran Church, 3000 S. 35th Avenue, Greeley, CO
• Windsor Community Rec. Center, 250 11th Street, Windsor, CO
• Southeast Weld Office, 2950 9th Street, Fort Lupton, CO
e. Give notice to Jurisdiction of the number of registered electors within the Jurisdiction
as of the effective date of cutoff for registration; identify the members of the Board of
Canvassers eligible for receiving a fee; and bill the Jurisdiction.
f. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction
and the County Clerk.
g. The County Clerk shall appoint and train election judges and this power shall be
delegated by the Jurisdiction to the County Clerk, to the extent required or allowed
by law.
h. Select and appoint a Board of Canvassers to canvass the votes; provided that the
Jurisdiction, at its option, may designate one of its members and one eligible elector
from the jurisdiction to assist the County Clerk in the survey of the returns for that
jurisdiction. If the Jurisdiction desires to appoint one of its members and an eligible
elector to assist, it shall make those appointments, and shall notify the County Clerk
in writing of those appointments not later than 15 days prior to the election. The
County Clerk shall receive and canvass all votes, and shall certify the results in the
3 of 5
Memorandum of Intergovernmental Agreement
For Conduct of General Elections
time and manner provided and required by the Code. The County Clerk shall
perform all recounts required by the Code.
Establish combined precincts pursuant to § 1-5-102.7, C.R.S., if warranted, and
subject to the separate express approval by the Board of County Commissioners.
5. General Provisions
a. Time is of the essence in this Agreement. The statutory time frames of the Code
shall apply to the completion of the tasks required by this Agreement.
b. Conflict of Agreement with law.
This Agreement shall be interpreted to be consistent with the Code, and provisions
of Title 31 and 22 applicable to the conduct of elections and 8 C.C.R. 1505-1. Should
there be an irreconcilable conflict between the statutes, this agreement and the
Colorado Regulations, the statutes shall first prevail, then this agreement and lastly
the Colorado Regulations.
c. Liquidated damages provision.
In the event that a Court of competent jurisdiction finds that the election for the
Jurisdiction was void or otherwise fatally defective as a result of the sole negligence
or failure of the County Clerk to perform in accordance with this Agreement or laws
applicable thereto, then the County Clerk shall, as liquidated damage, not as a
penalty, refund all payments made, pursuant to paragraph 3.g. of this Agreement
and shall, if requested by the Jurisdiction, conduct the next General Election which
may include any election made necessary by a defect in the election conducted
pursuant to this Agreement with no fee assessed to the Jurisdiction. This remedy
shall be the sole and exclusive remedy for damages available to the Jurisdiction
under this Agreement.
d. 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.
e. This constitutes the entire agreement of the parties and no amendment may be
made except in writing approved by the parties.
4 of 5
• Memorandum of Intergovernmental Agreement
For Conduct of General Elections
f. Notice shall be given by Jurisdiction to the Clerk by phone:
(970) 304-6525, Extension 3178, fax (970) 304-6566,
E-mail: rsantos@co.weld.co.us, Address: PO Box 459, Greeley, CO 80632
The Jurisdiction notice shall be given to the Jurisdiction at: DEO VIckie Hein
Phone: (970) 28A-6 36 , fax: (970) 284-6042 ,
E mail: LSFD@comcast.net and rlyons@lgkhlaw.com
Address: La Salle Fire Protection District, P.O. Box 414
La Salle, CO 80645
•
DATED this day of , 2010.
WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY e-AinSteve Moreno, Clerk and Recorder Dou I s J. R macher, Chair « ��>!
SEPO -� .. � Ada
APPROVED AS TO FO ATTEST:
" 't..
Clerk to the Board of County ,,
/ f
y
rney Deputy Clerk t• he Board ��'�►
LaSalle Fire Protection District
AP OVE AS TO FORM: ATTEST:
Attorney for Jurisdiction (s ture) Designated Election Official for Jurisdiction
(Signature)
5 of 5
Gc/r- ,;?GS
Memorandum of Intergovernmental Agreement
For Conduct of General Elections
Milliken Fire Protection District, hereinafter referred to as "Jurisdiction," does hereby agree and
contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as
"Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County
Clerk," concerning the administration of the November 2, 2010, General Election conducted
pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and
regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to
address or modify statutory provisions regarding voter registration, nor to address or modify the
County Clerk's duties thereunder.
WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to
have certain items placed on the ballot at an election pursuant to its statutory authority, such
election to occur via vote center on November 2, 2010, and
WHEREAS, the Jurisdiction agrees to conduct a General Election with the County Clerk acting as
the Coordinated Election official, and
WHEREAS, the County Clerk is the "Coordinated Election Official," pursuant to § 1-7-116(2),
C.R.S., and is to perform certain election services in consideration of performances by the
Jurisdiction of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§ 1-1-111(3), 1-7-116, 22-30-104(2),
22-31-103, and 29-1-203, et seq., C.R.S.
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows:
1. The Jurisdiction encompasses territory within Weld County and
County. This Agreement shall be construed to apply only to that portion of the Jurisdiction
within Weld County.
2. Term of Agreement: This Agreement is intended only to deal with the conduct of the
November 2, 2010, General Election.
3. The Jurisdiction agrees to perform the following tasks and activities:
a. Conduct all procedures required of the clerk for initiatives, referenda, and referred
measures under the provisions of §§ 31-11-101 through 118 and 22-30-104(4),
C.R.S.
b. To do all tasks required by law of designated election officials concerning nomination
of candidates by petition, including, but not limited to: issue approval as to form,
where appropriate, of nominating petition; determine candidate eligibility; receive
candidate acceptance of nominations; accept notice of intent, petitions for
nomination, and affidavits of circulators; verify signatures on nominating petitions;
and hear any protests of the nominating petitions, as said tasks are set forth in any
applicable provisions of Title 1, Article IV, Parts 8 and 9, § 1-4-501, § 22-31-103,
C.R.S., and those portions of the Colorado Municipal Election Code of 1965, Article
X of Title 31, as adopted by reference pursuant to § 1-4-805, C.R.S.
c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's
portion of the ballot and submit to the County Clerk in final form. The ballot content,
Lf_ _n k
1 of 5
9- g-ozoro
Memorandum of Intergovernmental Agreement
For Conduct of General Elections
including a list of candidates, ballot title, and text, must be certified to the County
Clerk no later than 60 days before the election, pursuant to § 1-5-203(3)(a), C.R.S.
d. Publish and post notice of election pursuant to § 1-5-205(1), C.R.S., and include the
information regarding the walk-in location address for application or return of mail
ballots as set forth in paragraph 4.d of this Agreement.
e. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and
1-40-125(2)(e), C.R.S. Comments to be accepted must be filed by the end of the
business day on the Friday before the 45th day before the election. Preparation of
summaries of written comments shall be done by the jurisdiction but only to the
extent required pursuant to § 1-7-903(3), C.R.S. The full text of any required ballot
issue notices must be transmitted to and received by the County Clerk no less than
42 days prior to the election. No portion of this paragraph shall require the County
Clerk to prepare summaries regarding the Jurisdiction's ballot issues.
f. Accept affidavits of intent to accept write-in candidacy up until close of business on
August 24, 2010, and provide a list of valid affidavits received and forward them to
the County Clerk pursuant to § 1-4-1102 (2), C.R.S.
g. Pay the sum of $1.00 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 2, 2010, election,
with a $200 minimum, within 30 days of billing, regardless of whether or not the
election is actually held. In addition, Jurisdiction shall also reimburse Clerk for
payment of members of the Board of Canvassers, eligible to be paid, the sum of $15
per day pursuant to § 1-10-201(4), C.R.S., when the Jurisdiction designates persons
for the Board of Canvassers pursuant to paragraph 4.h. of this Agreement. If the
Jurisdiction cancels the election before its Section 20, Article X notices are due to
the County and prior to the County Clerk incurring any expenses for the printing of
the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction
shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107, 1-10.5-
104, or 1-11-215 C.R.S., except for costs collected from an "interested party"
pursuant to §1-10.5-106 which shall be collected by the entity conducting the
recount.
h. Designate an "election officer' who shall act as the primary liaison between the
Jurisdiction and the County Clerk and who will have primary responsibility for the
conduct of election procedures to be handled by the Jurisdiction hereunder.
By approval of this Agreement, any municipality is resolving not to use the provisions
of the Municipal Election Code, except as otherwise set forth herein or as its use is
specifically authorized by the Code.
j. Mail notices pursuant to § 1-7-906(2) for active registered electors who do not reside
within the County or counties where the political subdivision is located.
k. Carry out all action necessary for cancellation of an election including notice
pursuant to § 1-5-208, C.R.S., and pay any costs incurred by the County Clerk within
30 days of receipt of an invoice setting forth the costs of the canceled election
pursuant to § 1-5-208(5), C.R.S.
2 of 5
Memorandum of Intergovernmental Agreement
For Conduct of General Elections
4. Duties of County Clerk
Agrees to perform the following tasks and activities:
a. Except as otherwise expressly provided for in this Agreement, to act as the
Coordinated Election Official for the conduct of the election for the Jurisdiction for all
matters in the Code which require action by the Coordinated Election Official and as
General Election official.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to § 1-7-905 and
906(1), C.R.S. and publish and post notice, as directed in § 1-5-205, C.R.S.
Publication by the County Clerk will only be in the County legal newspaper and the
Windsor Beacon.
c. Provide 2 locations for voters to apply for and obtain mail-in ballots:
• The Weld County Training Center, 1104 H Street, Greeley, CO
• October 4— November 1, 2010- 8:00 a.m. - 5:00 p.m. — Monday — Friday
• Election Day— November 2, 2010 - 7:00 a.m. - 7:00 p.m.
• The Southwest Weld Office (Del Camino), 4209 County Road 24 1/z,
Longmont, CO
• October 18 — November 1, 2010 - 8:00 a.m. - 5:00 p.m. — Monday — Friday
• Election Day — November 2, 2010- 7:00 a.m. - 7:00 p.m.
d. Provide five Early Vote Sites — October 18 — October 29, 2010, that will be open
from 8:00 a.m. to 5:00 p.m. - Monday- Friday, at:
• Weld County Training Center, 1104 H Street, Greeley, CO
• Southwest Weld Office (Del Camino), 4209 County Road 24 1 , Longmont,
CO
• Trinity Lutheran Church, 3000 S. 35th Avenue, Greeley, CO
• Windsor Community Rec. Center, 250 11th Street, Windsor, CO
• Southeast Weld Office, 2950 9th Street, Fort Lupton, CO
e. Give notice to Jurisdiction of the number of registered electors within the Jurisdiction
as of the effective date of cutoff for registration; identify the members of the Board of
Canvassers eligible for receiving a fee; and bill the Jurisdiction.
f. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction
and the County Clerk.
g. The County Clerk shall appoint and train election judges and this power shall be
delegated by the Jurisdiction to the County Clerk, to the extent required or allowed
by law.
h. Select and appoint a Board of Canvassers to canvass the votes; provided that the
Jurisdiction, at its option, may designate one of its members and one eligible elector
from the jurisdiction to assist the County Clerk in the survey of the returns for that
jurisdiction. If the Jurisdiction desires to appoint one of its members and an eligible
elector to assist, it shall make those appointments, and shall notify the County Clerk
in writing of those appointments not later than 15 days prior to the election. The
County Clerk shall receive and canvass all votes, and shall certify the results in the
3 of 5
Memorandum of Intergovernmental Agreement
For Conduct of General Elections
time and manner provided and required by the Code. The County Clerk shall
perform all recounts required by the Code.
Establish combined precincts pursuant to § 1-5-102.7, C.R.S., if warranted, and
subject to the separate express approval by the Board of County Commissioners.
5. General Provisions
a. Time is of the essence in this Agreement. The statutory time frames of the Code
shall apply to the completion of the tasks required by this Agreement.
b. Conflict of Agreement with law.
This Agreement shall be interpreted to be consistent with the Code, and provisions
of Title 31 and 22 applicable to the conduct of elections and 8 C.C.R. 1505-1. Should
there be an irreconcilable conflict between the statutes, this agreement and the
Colorado Regulations, the statutes shall first prevail, then this agreement and lastly
the Colorado Regulations.
c. Liquidated damages provision.
In the event that a Court of competent jurisdiction finds that the election for the
Jurisdiction was void or otherwise fatally defective as a result of the sole negligence
or failure of the County Clerk to perform in accordance with this Agreement or laws
applicable thereto, then the County Clerk shall, as liquidated damage, not as a
penalty, refund all payments made, pursuant to paragraph 3.g. of this Agreement
and shall, if requested by the Jurisdiction, conduct the next General Election which
may include any election made necessary by a defect in the election conducted
pursuant to this Agreement with no fee assessed to the Jurisdiction. This remedy
shall be the sole and exclusive remedy for damages available to the Jurisdiction
under this Agreement.
d. 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.
e. This constitutes the entire agreement of the parties and no amendment may be
made except in writing approved by the parties.
4 of 5
Memorandum of Intergovernmental Agreement
For Conduct of General Elections
f. Notice shall be given by Jurisdiction to the Clerk by phone:
(970) 304-6525, Extension 3178, fax (970) 304-6566,
E-mail: rsantos@co.weld.co.us, Address: PO Box 459, Greeley, CO 80632
The Jurisdiction notice shall be given to the Jurisdiction at: Maggie Prather, DEO
Phone: (970) 587-4464 , fax: (970) 587-0260 ,
E-mail: magpiesew@aol.com and rlyons@lgkhlaw.com
Address: Milliken Fire Protection District, P.O. Box 130
Milliken, CO 80543
DATED this day of , 2010.
WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS
et. .
OF THE COUNTY OF
WELD 'COUNTY
-nc�si, �K' rte^ cAA-
Steve Moreno, Clerk and Recorder Douglas/J. Radem her, Chn,irr a Z0
JJ 6,
17,11,/,
APPROVED AS TO M: ATTEST: 4k:a)
Clerk to the oard of County Co i �OS 1\A r'
Co Attorney Deputy Clerk the Board ' .;{
Milliken Fire Protection District
AP ED AS TO FORM: ATTEST: `� f�
�y`�/ 71 yam. . .. - *-
Attorne�risdi n (Signature) Designat- lection Official for Jurisdiction
(Signature)
5 of 5
, L"!C%-•,2CJS
Milliken Fire Protection District
(1\4*-
cpb,
P.O. Box 130 • Milliken, Colorado 80543
Milliken Station #1 • 101 Irene Street • Milliken, Colorado 80543
Milliken Station #2 • 4225 Yosemite • Greeley, Colorado 80634
Alek
August 13, 2010
Rudy Santos
Weld County Clerk& Recorder
P. O. Box 459
Greeley, CO 80634
Dear Mr. Santos:
Enclosed are the two signed copies of the Intergovernmental Agreement("IGA") from Weld
County.
Milliken Fire Protection District is currently anticipating having a ballot issue which will require
TABOR notice for the November 2, 2010 election.
Please let me know if you need further information at this time.
Respectfully,
Maggie
Administrative Assistant and DEO
Milliken Fire Protection District
970-587-4464 ext. 300
970-587-0260 fax
Memorandum of Intergovernmental Agreement
For Conduct of General Elections
Platte Valley Fire Protection District, hereinafter referred to as "Jurisdiction," does hereby agree and
contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as
"Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County
Clerk," concerning the administration of the November 2, 2010, General Election conducted
pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and
regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to
address or modify statutory provisions regarding voter registration, nor to address or modify the
County Clerk's duties thereunder.
WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to
have certain items placed on the ballot at an election pursuant to its statutory authority, such
election to occur via vote center on November 2, 2010, and
WHEREAS, the Jurisdiction agrees to conduct a General Election with the County Clerk acting as
the Coordinated Election official, and
WHEREAS, the County Clerk is the "Coordinated Election Official," pursuant to § 1-7-116(2),
C.R.S., and is to perform certain election services in consideration of performances by the
Jurisdiction of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§ 1-1-111(3), 1-7-116, 22-30-104(2),
22-31-103, and 29-1-203, et seq., C.R.S.
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows:
1. The Jurisdiction encompasses territory within Weld County and
County. This Agreement shall be construed to apply only to that portion of the Jurisdiction
within Weld County.
2. Term of Agreement: This Agreement is intended only to deal with the conduct of the
November 2, 2010, General Election.
3. The Jurisdiction agrees to perform the following tasks and activities:
a. Conduct all procedures required of the clerk for initiatives, referenda, and referred
measures under the provisions of §§ 31-11-101 through 118 and 22-30-104(4),
C.R.S.
b. To do all tasks required by law of designated election officials concerning nomination
of candidates by petition, including, but not limited to: issue approval as to form,
where appropriate, of nominating petition; determine candidate eligibility; receive
candidate acceptance of nominations; accept notice of intent, petitions for
nomination, and affidavits of circulators; verify signatures on nominating petitions;
and hear any protests of the nominating petitions, as said tasks are set forth in any
applicable provisions of Title 1, Article IV, Parts 8 and 9, § 1-4-501, § 22-31-103,
C.R.S., and those portions of the Colorado Municipal Election Code of 1965, Article
X of Title 31, as adopted by reference pursuant to § 1-4-805, C.R.S.
c. Establish order of names and questions purs .,§=.1-5-406 for Jurisdiction's
portion of the ballot and submit to,tlilettliPcriCletfrri final form. The ballot content,
4
10 AL 1 of 5
9-! Rio
vv ELD COUNT'' C'/D- <�C �/
Memorandum of Intergovernmental Agreement
For Conduct of General Elections
including a list of candidates, ballot title, and text, must be certified to the County
Clerk no later than 60 days before the election, pursuant to § 1-5-203(3)(a), C.R.S.
d. Publish and post notice of election pursuant to § 1-5-205(1), C.R.S., and include the
information regarding the walk-in location address for application or return of mail
ballots as set forth in paragraph 4.d of this Agreement.
e. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and
1-40-125(2)(e), C.R.S. Comments to be accepted must be filed by the end of the
business day on the Friday before the 45th day before the election. Preparation of
summaries of written comments shall be done by the jurisdiction but only to the
extent required pursuant to § 1-7-903(3), C.R.S. The full text of any required ballot
issue notices must be transmitted to and received by the County Clerk no less than
42 days prior to the election. No portion of this paragraph shall require the County
Clerk to prepare summaries regarding the Jurisdiction's ballot issues.
f. Accept affidavits of intent to accept write-in candidacy up until close of business on
August 24, 2010, and provide a list of valid affidavits received and forward them to
the County Clerk pursuant to § 1-4-1102 (2), C.R.S.
g. Pay the sum of $1.00 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 2, 2010, election,
with a $200 minimum, within 30 days of billing, regardless of whether or not the
election is actually held. In addition, Jurisdiction shall also reimburse Clerk for
payment of members of the Board of Canvassers, eligible to be paid, the sum of $15
per day pursuant to § 1-10-201(4), C.R.S., when the Jurisdiction designates persons
for the Board of Canvassers pursuant to paragraph 4.h. of this Agreement. If the
Jurisdiction cancels the election before its Section 20, Article X notices are due to
the County and prior to the County Clerk incurring any expenses for the printing of
the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction
shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107, 1-10.5-
104, or 1-11-215 C.R.S., except for costs collected from an "interested party"
pursuant to §1-10.5-106 which shall be collected by the entity conducting the
recount.
h. Designate an "election officer' who shall act as the primary liaison between the
Jurisdiction and the County Clerk and who will have primary responsibility for the
conduct of election procedures to be handled by the Jurisdiction hereunder.
By approval of this Agreement, any municipality is resolving not to use the provisions
of the Municipal Election Code, except as otherwise set forth herein or as its use is
specifically authorized by the Code.
j. Mail notices pursuant to § 1-7-906(2) for active registered electors who do not reside
within the County or counties where the political subdivision is located.
k. Carry out all action necessary for cancellation of an election including notice
pursuant to § 1-5-208, C.R.S., and pay any costs incurred by the County Clerk within
30 days of receipt of an invoice setting forth the costs of the canceled election
pursuant to § 1-5-208(5), C.R.S.
2 of 5
Memorandum of Intergovernmental Agreement
For Conduct of General Elections
4. Duties of County Clerk
Agrees to perform the following tasks and activities:
a. Except as otherwise expressly provided for in this Agreement, to act as the
Coordinated Election Official for the conduct of the election for the Jurisdiction for all
matters in the Code which require action by the Coordinated Election Official and as
General Election official.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to § 1-7-905 and
906(1), C.R.S. and publish and post notice, as directed in § 1-5-205, C.R.S.
Publication by the County Clerk will only be in the County legal newspaper and the
Windsor Beacon.
c. Provide 2 locations for voters to apply for and obtain mail-in ballots:
• The Weld County Training Center, 1104 H Street, Greeley, CO
• October 4— November 1, 2010— 8:00 a.m. — 5:00 p.m. — Monday — Friday
• Election Day— November 2, 2010 — 7:00 a.m. — 7:00 p.m.
• The Southwest Weld Office (Del Camino), 4209 County Road 24 1/2,
Longmont, CO
• October 18 — November 1, 2010 — 8:00 a.m. — 5:00 p.m. — Monday— Friday
• Election Day — November 2, 2010— 7:00 a.m. — 7:00 p.m.
d. Provide five Early Vote Sites — October 18 — October 29, 2010, that will be open
from 8:00 a.m. to 5:00 p.m. - Monday- Friday, at:
• Weld County Training Center, 1104 H Street, Greeley, CO
• Southwest Weld Office (Del Camino), 4209 County Road 24 1/2 , Longmont,
CO
• Trinity Lutheran Church, 3000 S. 35`" Avenue, Greeley, CO
• Windsor Community Rec. Center, 250 11th Street, Windsor, CO
• Southeast Weld Office, 2950 9th Street, Fort Lupton, CO
e. Give notice to Jurisdiction of the number of registered electors within the Jurisdiction
as of the effective date of cutoff for registration; identify the members of the Board of
Canvassers eligible for receiving a fee; and bill the Jurisdiction.
f. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction
and the County Clerk.
g. The County Clerk shall appoint and train election judges and this power shall be
delegated by the Jurisdiction to the County Clerk, to the extent required or allowed
by law.
h. Select and appoint a Board of Canvassers to canvass the votes; provided that the
Jurisdiction, at its option, may designate one of its members and one eligible elector
from the jurisdiction to assist the County Clerk in the survey of the returns for that
jurisdiction. If the Jurisdiction desires to appoint one of its members and an eligible
elector to assist, it shall make those appointments, and shall notify the County Clerk
in writing of those appointments not later than 15 days prior to the election. The
County Clerk shall receive and canvass all votes, and shall certify the results in the
3 of 5
Memorandum of Intergovernmental Agreement
For Conduct of General Elections
time and manner provided and required by the Code. The County Clerk shall
perform all recounts required by the Code.
Establish combined precincts pursuant to § 1-5-102.7, C.R.S., if warranted, and
subject to the separate express approval by the Board of County Commissioners.
5. General Provisions
a. Time is of the essence in this Agreement. The statutory time frames of the Code
shall apply to the completion of the tasks required by this Agreement.
b. Conflict of Agreement with law.
This Agreement shall be interpreted to be consistent with the Code, and provisions
of Title 31 and 22 applicable to the conduct of elections and 8 C.C.R. 1505-1. Should
there be an irreconcilable conflict between the statutes, this agreement and the
Colorado Regulations, the statutes shall first prevail, then this agreement and lastly
the Colorado Regulations.
c. Liquidated damages provision.
In the event that a Court of competent jurisdiction finds that the election for the
Jurisdiction was void or otherwise fatally defective as a result of the sole negligence
or failure of the County Clerk to perform in accordance with this Agreement or laws
applicable thereto, then the County Clerk shall, as liquidated damage, not as a
penalty, refund all payments made, pursuant to paragraph 3.g. of this Agreement
and shall, if requested by the Jurisdiction, conduct the next General Election which
may include any election made necessary by a defect in the election conducted
pursuant to this Agreement with no fee assessed to the Jurisdiction. This remedy
shall be the sole and exclusive remedy for damages available to the Jurisdiction
under this Agreement.
d. 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.
e. This constitutes the entire agreement of the parties and no amendment may be
made except in writing approved by the parties.
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Memorandum of Intergovernmental Agreement
For Conduct of General Elections
f. Notice shall be given by Jurisdiction to the Clerk by phone:
(970)304-6525, Extension 3178,fax (970) 304-6566,
E-mail: rsantosico.weld.co.us, Address: PO Box 459, Greeley, CO 80632
The Jurisdiction notice shall be given to the Jurisdiction at:
Phone: 07)353 a8C}U MO
E-mai rnnkP®f 4e VC&t(12-i i 't
Address: P c e title
12-t �_c( c?, Ca S0 (6, 4- 1
y DATED this s-5171(- day of Q L (AO , 2010.
WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
Steve Moreno, Clerk and Recorder oug s J. R emacher, Chair
r SEP O S 20 0 , ili1� `
APPROVED AS TO ATTEST:
Clerk to the Board of County Comm -• "la
A
Co At orney Deputy Clerk !, the Board �c i' / rjs\
Platte Valley Fire Protection District.
PPRO ED AS TO FOR • �TTEST:'
geyforjurisdictio :nature, Design ted EI tiori cial for Jurisdiction
(sia :t re)
5of5
Memorandum of Intergovernmental Agreement
For Conduct of General Elections
Poudre Valley Fire Protection District, hereinafter referred to as "Jurisdiction," does hereby agree
and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to
as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County
Clerk," concerning the administration of the November 2, 2010, General Election conducted
pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and
regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to
address or modify statutory provisions regarding voter registration, nor to address or modify the
County Clerk's duties thereunder.
WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to
have certain items placed on the ballot at an election pursuant to its statutory authority, such
election to occur via vote center on November 2, 2010, and
WHEREAS, the Jurisdiction agrees to conduct a General Election with the County Clerk acting as
the Coordinated Election official, and
WHEREAS, the County Clerk is the "Coordinated Election Official," pursuant to § 1-7-116(2),
C.R.S., and is to perform certain election services in consideration of performances by the
Jurisdiction of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§ 1-1-111(3), 1-7-116, 22-30-104(2),
22-31-103, and 29-1-203, et seq., C.R.S.
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows:
1. The Jurisdiction encompasses territory within Weld County and LAS i ME2
County. This Agreement shall be construed to apply only to that portion of the Jurisdiction
within Weld County.
2. Term of Agreement: This Agreement is intended only to deal with the conduct of the
November 2, 2010, General Election.
3. The Jurisdiction agrees to perform the following tasks and activities:
a. Conduct all procedures required of the clerk for initiatives, referenda, and referred
measures under the provisions of §§ 31-11-101 through 118 and 22-30-104(4),
C.R.S.
b. To do all tasks required by law of designated election officials concerning nomination
of candidates by petition, including, but not limited to: issue approval as to form,
where appropriate, of nominating petition; determine candidate eligibility; receive
candidate acceptance of nominations; accept notice of intent, petitions for
nomination, and affidavits of circulators; verify signatures on nominating petitions;
and hear any protests of the nominating petitions, as said tasks are set forth in any
applicable provisions of Title 1, Article IV, Parts 8 and 9, § 1-4-501, § 22-31-103,
C.R.S., and those portions of the Colorado Municipal Election Code of 1965, Article
X of Title 31, as adopted by reference pursuant to § 1-4-805, C.R.S.
c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's
portion of the ballot and submit to the County Clerk in final form. The ballot content,
( 1 of 5
9 g-c2-0/D
Memorandum of Intergovernmental Agreement
For Conduct of General Elections
including a list of candidates, ballot title, and text, must be certified to the County
Clerk no later than 60 days before the election, pursuant to § 1-5-203(3)(a), C.R.S.
d. Publish and post notice of election pursuant to § 1-5-205(1), C.R.S., and include the
information regarding the walk-in location address for application or return of mail
ballots as set forth in paragraph 4.d of this Agreement.
e. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and
1-40-125(2)(e), C.R.S. Comments to be accepted must be filed by the end of the
business day on the Friday before the 45th day before the election. Preparation of
summaries of written comments shall be done by the jurisdiction but only to the
extent required pursuant to § 1-7-903(3), C.R.S. The full text of any required ballot
issue notices must be transmitted to and received by the County Clerk no less than
42 days prior to the election. No portion of this paragraph shall require the County
Clerk to prepare summaries regarding the Jurisdiction's ballot issues.
f. Accept affidavits of intent to accept write-in candidacy up until close of business on
August 24, 2010, and provide a list of valid affidavits received and forward them to
the County Clerk pursuant to § 1-4-1102 (2), C.R.S.
g. Pay the sum of $1.00 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 2, 2010, election,
with a $200 minimum, within 30 days of billing, regardless of whether or not the
election is actually held. In addition, Jurisdiction shall also reimburse Clerk for
payment of members of the Board of Canvassers, eligible to be paid, the sum of $15
per day pursuant to § 1-10-201(4), C.R.S., when the Jurisdiction designates persons
for the Board of Canvassers pursuant to paragraph 4.h. of this Agreement. If the
Jurisdiction cancels the election before its Section 20, Article X notices are due to
the County and prior to the County Clerk incurring any expenses for the printing of
the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction
shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107, 1-10.5-
104, or 1-11-215 C.R.S., except for costs collected from an "interested party"
pursuant to §1-10.5-106 which shall be collected by the entity conducting the
recount.
h. Designate an "election officer' who shall act as the primary liaison between the
Jurisdiction and the County Clerk and who will have primary responsibility for the
conduct of election procedures to be handled by the Jurisdiction hereunder.
By approval of this Agreement, any municipality is resolving not to use the provisions
of the Municipal Election Code, except as otherwise set forth herein or as its use is
specifically authorized by the Code.
j. Mail notices pursuant to § 1-7-906(2) for active registered electors who do not reside
within the County or counties where the political subdivision is located.
k. Carry out all action necessary for cancellation of an election including notice
pursuant to § 1-5-208, C.R.S., and pay any costs incurred by the County Clerk within
30 days of receipt of an invoice setting forth the costs of the canceled election
pursuant to § 1-5-208(5), C.R.S.
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Memorandum of Intergovernmental Agreement
For Conduct of General Elections
4. Duties of County Clerk
Agrees to perform the following tasks and activities:
a. Except as otherwise expressly provided for in this Agreement, to act as the
Coordinated Election Official for the conduct of the election for the Jurisdiction for all
matters in the Code which require action by the Coordinated Election Official and as
General Election official.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to § 1-7-905 and
906(1), C.R.S. and publish and post notice, as directed in § 1-5-205, C.R.S.
Publication by the County Clerk will only be in the County legal newspaper and the
Windsor Beacon.
c. Provide 2 locations for voters to apply for and obtain mail-in ballots:
• The Weld County Training Center, 1104 H Street, Greeley, CO
• October 4— November 1, 2010- 8:00 a.m. - 5:00 p.m. — Monday— Friday
• Election Day— November 2, 2010- 7:00 a.m. - 7:00 p.m.
• The Southwest Weld Office (Del Camino), 4209 County Road 241/2,
Longmont, CO
• October 18 — November 1, 2010 - 8:00 a.m. - 5:00 p.m. — Monday— Friday
• Election Day— November 2, 2010- 7:00 a.m. -7:00 p.m.
d. Provide five Early Vote Sites — October 18 — October 29, 2010, that will be open
from 8:00 a.m. to 5:00 p.m. — Monday— Friday, at:
• Weld County Training Center, 1104 H Street, Greeley, CO
• Southwest Weld Office (Del Camino), 4209 County Road 24 1/2 , Longmont,
CO
• Trinity Lutheran Church, 3000 S. 35th Avenue, Greeley, CO
• Windsor Community Rec. Center, 250 11th Street, Windsor, CO
• Southeast Weld Office, 2950 9th Street, Fort Lupton, CO
e. Give notice to Jurisdiction of the number of registered electors within the Jurisdiction
as of the effective date of cutoff for registration; identify the members of the Board of
Canvassers eligible for receiving a fee; and bill the Jurisdiction.
f. Designate a "contact" to act as a primary liaison or contact between the Jurisdiction
and the County Clerk.
g. The County Clerk shall appoint and train election judges and this power shall be
delegated by the Jurisdiction to the County Clerk, to the extent required or allowed
by law.
h. Select and appoint a Board of Canvassers to canvass the votes; provided that the
Jurisdiction, at its option, may designate one of its members and one eligible elector
from the jurisdiction to assist the County Clerk in the survey of the returns for that
jurisdiction. If the Jurisdiction desires to appoint one of its members and an eligible
elector to assist, it shall make those appointments, and shall notify the County Clerk
in writing of those appointments not later than 15 days prior to the election. The
County Clerk shall receive and canvass all votes, and shall certify the results in the
3 of 5
Memorandum of Intergovernmental Agreement
For Conduct of General Elections
time and manner provided and required by the Code. The County Clerk shall
perform all recounts required by the Code.
Establish combined precincts pursuant to § 1-5-102.7, C.R.S., if warranted, and
subject to the separate express approval by the Board of County Commissioners.
5. General Provisions
a. Time is of the essence in this Agreement. The statutory time frames of the Code
shall apply to the completion of the tasks required by this Agreement.
b. Conflict of Agreement with law.
This Agreement shall be interpreted to be consistent with the Code, and provisions
of Title 31 and 22 applicable to the conduct of elections and 8 C.C.R. 1505-1. Should
there be an irreconcilable conflict between the statutes, this agreement and the
Colorado Regulations, the statutes shall first prevail, then this agreement and lastly
the Colorado Regulations.
c. Liquidated damages provision.
In the event that a Court of competent jurisdiction finds that the election for the
Jurisdiction was void or otherwise fatally defective as a result of the sole negligence
or failure of the County Clerk to perform in accordance with this Agreement or laws
applicable thereto, then the County Clerk shall, as liquidated damage, not as a
penalty, refund all payments made, pursuant to paragraph 3.g. of this Agreement
and shall, if requested by the Jurisdiction, conduct the next General Election which
may include any election made necessary by a defect in the election conducted
pursuant to this Agreement with no fee assessed to the Jurisdiction. This remedy
shall be the sole and exclusive remedy for damages available to the Jurisdiction
under this Agreement.
d. 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.
e. This constitutes the entire agreement of the parties and no amendment may be
made except in writing approved by the parties.
4 of 5
Memorandum of Intergovernmental Agreement
For Conduct of General Elections
f. Notice shall be given by Jurisdiction to the Clerk by phone:
(970) 304-6525, Extension 3178, fax (970) 304-6566,
E-mail: rsantos@co.weld.co.us, Address: PO Box 459, Greeley, CO 80632
The Jurisdiction notice shall be given to the Jurisdiction at:
Phone: `(Ilo -Z87z et, 4Im 193, ax: 41(o -4609 ,
E-mail:±011 ),powdre- Sore.r;- and
Address: PVFPD r ioz &evnmvtu��-c-v, 34
/� F} C13Urds Cc �,oSZY
DATED this 23 day of Aucnu.s-r , 2010.
WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS
24vz_e., OF THE COUNTY
nOF WELD 1 COUNTY
lavno Steve Moreno, Clerk and Recorder DJougla6 J. Rademacher, Chair
SEP082010 Era
APPROVED AS TO FOR . ATTEST:
Clerk to the Board of County Com M
Co Attorney Deputy Clerk the Board
Poudre Valley Fire Protection District
APPROVED AS TO FORM: ATTEST:
Attorney for Jurisdiction (Signature) Designated/lection &facial for Jurisdiction
(Signature)
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