HomeMy WebLinkAbout20092448.tiffMemorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
2009 Master
Aims Community College, 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 3, 2009, Coordinated 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 mail ballot on November 3, 2009, and
WHEREAS, the Jurisdiction agrees to conduct a Coordinated 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, Broomfield,
Larimer, Logan and Morgan County(ies). 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 3, 2009, Coordinated 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.
07 4y /O9
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,
Page 1 of 5 C'k'DD2S
2009-2448
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 45`h 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 31, 2009, 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 3, 2009, 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.g. 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.
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.
Page 2 of 5
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
designated election official for the conduct of the election for the Jurisdiction for all
matters in the Code which require action by the designated election official and as
Coordinated 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
Greeley Tribune.
c. Send a November 3, 2009, mail ballot packet to each eligible elector during the
period from October 12 to 19, 2009.
d. Provide 3 locations for voters to apply for and obtain mail ballots:
• The Weld County Election Office, 1401 North 17'" Avenue, Greeley, CO
• The Southwest Weld Office (Del Camino), 4209 County Road 24 ''A, Longmont,
CO
• Southeast Weld Office, 2950 9th Street, Fort Lupton, CO
• October 12 — November 2, 2009 - 8:00 a.m. - 5:00 p.m. — Monday — Friday
• Election Day — November 3, 2009 - 7:00 a.m. - 7:00 p.m.
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
time and manner provided and required by the Code. 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.
Page 3 of 5
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 Coordinated 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.
f. Notice shall be given by Jurisdiction to the Clerk by phone:
(970) 304-6525, Extension 3178, fax (970) 304-6566,
E-mail: rsantos(cilco.weld.co.us Address: PO Box 459, Greeley, CO 80632
The Jurisdiction notice shall be given to the Jurisdiction at:
Phone: 970.339.6211 , fax: 970.330.5705 ,
E-mail: karoline.woodruff(cilaims.edu and
Address: Aims Community College
PO Box 69, Greeley, CO 80632
Page 4 of 5
DATED this /gam day of Sp}: 2009.
WELD COUNTY CLERK AND RECORDER
Steve Moreno, Clerk and Recorder
APPROVED AS TO FORM:
APPROVED AS TO FORM:
t
ne for Jurisd ion (Signature)
BOARD OF COUNTY COMMISSIONERS
OF THE CY OF WELD COUNTY
LIEF. Garcia, Chair
Deputy Clerk to the Boar
Aims Community College
SEP 1 4 2009
President Aims Commun' College (Signature)
ATTEST:
Desi*nated Election Official T& Jurisdiction
(Signature)
Page 5 of 5
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
2009 Master
Weld County School District RE -9 (Highland), 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 3, 2009, Coordinated 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 mail ballot on November 3, 2009, and
WHEREAS, the Jurisdiction agrees to conduct a Coordinated 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 mid [21-gSChl\11I Dist1 lit
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 3, 2009, Coordinated 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,
Page 1 of 5
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 31, 2009, and provide a list of valid affidavits received and forward them to
the County Clerk pursuant to § 1-4-1102 (2), C.R.S.
9.
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 3, 2009, 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.g. 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.
Page 2 of 5
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
designated election official for the conduct of the election for the Jurisdiction for all
matters in the Code which require action by the designated election official and as
Coordinated 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
Greeley Tribune.
c. Send a November 3, 2009, mail ballot packet to each eligible elector during the
period from October 12 to 19, 2009.
d. Provide 3 locations for voters to apply for and obtain mail ballots:
• The Weld County Election Office, 1401 North 17th Avenue, Greeley, CO
• The Southwest Weld Office (Del Camino), 4209 County Road 24'/x, Longmont,
CO
• Southeast Weld Office, 2950 9`h Street, Fort Lupton, CO
• October 12 — November 2, 2009 - 8:00 a.m. - 5:00 p.m. — Monday — Friday
• Election Day — November 3, 2009 - 7:00 a.m. - 7:00 p.m.
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
time and manner provided and required by the Code. 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.
Page 3 of 5
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 Coordinated 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.
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: g10-g3qta9S , fax: q70'q? -/3€11 ,
E-mailr^Urller2G3ujeld���•tI?. arms
Address: Pe • X of AL± Co l q�
UID
Page 4 of 5
DATED this 30 day of call (Li , 2009.
WELD COUNTY CLERK AND RECORDER
Steve Moreno, Clerk and Recorder
APPROVED AS TO F '' M:
Attorney
BOARD OF COUNTY COMMISSIONERS
OF THE COUAIT'Y OF WELD COUNTY
William F. Garcia, Chair SEP 1 4 2009
Deputy Clerk to the
Weld County School District RE -9 (Highland)
APPROVED AS TO FORM:
Attorney for Jurisdiction (Signature)
ATTEST:
La i, 31
Desited Election Official for Jurisdiction
(Signature)
Page 5 of 5
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
2009 Master
Weld County School District 6, 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 3, 2009, Coordinated 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 mail ballot on November 3, 2009, and
WHEREAS, the Jurisdiction agrees to conduct a Coordinated 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.
2. Term of Agreement: This Agreement is intended only to deal with the conduct of the
November 3, 2009, Coordinated 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, and § 22-31-103,
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,
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.
Page 1 of 5
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 31, 2009, 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 3, 2009, 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 of the above amounts and
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.
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.
4. Duties of County Clerk
Page 2 of 5
Agrees to perform the following tasks and activities:
a. Except as otherwise expressly provided for in this Agreement, to act as the
designated election official for the conduct of the election for the Jurisdiction for all
matters in the Code which require action by the designated election official and as
Coordinated 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
Greeley Tribune.
c. Send a November 3, 2009, mail ballot packet to each eligible elector during the
period from October 12 to 19, 2009.
d. Provide 3 locations for voters to apply for and obtain mail ballots:
• The Weld County Election Office, 1401 North 17th Avenue, Greeley, CO
• The Southwest Weld Office (Del Camino), 4209 County Road 24 Y, Longmont,
CO
• Southeast Weld Office, 2950 9`h Street, Fort Lupton, CO
• October 12 — November 2, 2009 - 8:00 a.m. - 5:00 p.m. — Monday — Friday
• Election Day — November 3, 2009 - 7:00 a.m. - 7:00 p.m.
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
time and manner provided and required by the Code. 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
Page 3 of 5
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 Coordinated 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.
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: (YID 4 L\( , Lc?, lZ , fax: to y -(LC C,
E-mail: b»urK:j C tec*egSch4AS;and
Address: ( 0/LSt 7\r Q- -Q
\`-Yed Cc ��lF
DATED this
day of
, 2009.
Page 4 of 5
WELD COUNTY CLERK AND RECORDER
Steve Moreno, Clerk and Recorder
APPROVED AS TO F
y Attorney
APPROVED AS TO FORM:
Attorney for Jurisdiction (Signature)
BOARD OF COUNTY COMMISSIONERS
OF THE COUNW OF WELD COUNTY
illiam F. Garcia, Chair
EP 1 4 2009
Deputy Clerk to the
WELD COUNTY SCHO
By
Authorized Signator
p
Bernee Barea, Designated lection Official
of Weld County School District 6 (Jurisdiction)
Page 5 of 5
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
2009 Master
Weld County School District RE -12 (Pawnee), 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 3, 2009, Coordinated 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 mail ballot on November 3, 2009, and
WHEREAS, the Jurisdiction agrees to conduct a Coordinated 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 3, 2009, Coordinated 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,
Page 1 of 5
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 45`h 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 31, 2009, 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 3, 2009, 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.g. 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.
Page 2 of 5
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
designated election official for the conduct of the election for the Jurisdiction for all
matters in the Code which require action by the designated election official and as
Coordinated 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
Greeley Tribune.
c. Send a November 3, 2009, mail ballot packet to each eligible elector during the
period from October 12 to 19, 2009.
d. Provide 3 locations for voters to apply for and obtain mail ballots:
• The Weld County Election Office, 1401 North 17th Avenue, Greeley, CO
• The Southwest Weld Office (Del Camino), 4209 County Road 24'/2, Longmont,
CO
• Southeast Weld Office, 2950 9th Street, Fort Lupton, CO
• October 12 — November 2, 2009 - 8:00 a.m. - 5:00 p.m. — Monday — Friday
• Election Day — November 3, 2009 - 7:00 a.m. - 7:00 p.m.
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
time and manner provided and required by the Code. 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.
Page 3 of 5
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 Coordinated 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.
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: 0-05 , fax: tjo- S'9 5-aaa I
E-mail: jm itne_t\ ®fl2izefb.net and
Address: P o•$b. aao
Grober> Co d'o'jaq
Page 4 of 5
DATED this day of \ U
WELD COUNTY CLERK AND RECORDER
Steve Moreno, Clerk and Recorder
APPROVED AS TO F
ttorney
, 2009.
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
William F. Garcia, Chair SEP 1 4 2009
ATTEST:
Clerk to the Board of C
Deputy Clerk to the B
Weld County School District RE -12 (Pawnee)
APPROVED AS TO FORM:
A+sey for Jurisdiction (Signature)
ATTEST:
hiAlft
Desigilated Election Official for Jurisdiction
(Signature)
Page 5 of 5
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
2009 Master
Weld County School District RE -4 (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 3, 2009, Coordinated 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 mail ballot on November 3, 2009, and
WHEREAS, the Jurisdiction agrees to conduct a Coordinated 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 3, 2009, Coordinated 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,
Page 1 of 5
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 45`h 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 31, 2009, 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 3, 2009, 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 Juris fiction designates persons
for the Board of Canvassers pursuant to paragraph 4 . 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.
Page 2 of 5
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
designated election official for the conduct of the election for the Jurisdiction for all
matters in the Code which require action by the designated election official and as
Coordinated 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
Greeley Tribune.
c. Send a November 3, 2009, mail ballot packet to each eligible elector during the
period from October 12 to 19, 2009.
d. Provide 3 locations for voters to apply for and obtain mail ballots:
• The Weld County Election Office, 1401 North 1r, Avenue, Greeley, CO
• The Southwest Weld Office (Del Camino), 4209 County Road 24 %2, Longmont,
CO
• Southeast Weld Office, 2950 9th Street, Fort Lupton, CO
• October 12 — November 2, 2009 - 8:00 a.m. - 5:00 p.m. — Monday — Friday
• Election Day — November 3, 2009 - 7:00 a.m. - 7:00 p.m.
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.
Designate a "contact" to act as a primary liaison or contact between the Jurisdiction
and the County Clerk.
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
time and manner provided and required by the Code. All recounts required by the
Code.
f.
9.
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.
Page 3 of 5
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 Coordinated 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.
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: 910—V6lo SSCII , fax: Q7D-Le(' %ap j ,
E-mail: sherru�
'> «, �-fareLi•dPc ,u,
an
Address: IG&O Yik ,n Lk rvc��6� , CO DSO 5
Page 4 of 5
DATED this /VI day of Spit. , 2009.
WELD COUNTY CLERK AND RECORDER
tit
Steve Moreno, Clerk and Recorder
APPROVED AS TO FORM:
APPROVED AS TO FORM:
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
c
William F. Garcia, Chair SEP 1 4 2009
Deputy Clerk to the
Weld County School District RE -4 (Windsor)
f• Jurisdiction (Signature)
ATTEST:
*U -y i Ctz
Designated Election cial for Jurisdiction
(Signature)
Page 5 of 5
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
2009 Master
Wiggins RE -50J 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 3, 2009, Coordinated 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 mail ballot on November 3, 2009, and
WHEREAS, the Jurisdiction agrees to conduct a Coordinated 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 Ad °cry) and ilea/VS
County. This Agreement shall be construed to apply only to that portidrf of the Jurisdiction
within Weld County.
2. Term of Agreement: This Agreement is intended only to deal with the conduct of the
November 3, 2009, Coordinated 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,
Page 1 of 5
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 45`h 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 31, 2009, 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 3, 2009, 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.
Page 2 of 5
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
designated election official for the conduct of the election for the Jurisdiction for all
matters in the Code which require action by the designated election official and as
Coordinated 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
Greeley Tribune.
c. Send a November 3, 2009, mail ballot packet to each eligible elector during the
period from October 12 to 19, 2009.
d. Provide 3 locations for voters to apply for and obtain mail ballots:
• The Weld County Election Office, 1401 North 17th Avenue, Greeley, CO
• The Southwest Weld Office (Del Camino), 4209 County Road 24'A, Longmont,
CO
• Southeast Weld Office, 2950 9th Street, Fort Lupton, CO
• October 12 — November 2, 2009 - 8:00 a.m. - 5:00 p.m. — Monday — Friday
• Election Day — November 3, 2009 - 7:00 a.m. - 7:00 p.m.
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.
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
time and manner provided and required by the Code. All recounts required by the
Code.
g
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.
Page 3 of 5
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 Coordinated 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.
f. Notice shall be given by Jurisdiction to the Clerk by phone:
(970) 304-6525, Extension 3178, fax (970) 304-6566,
E-mail: rsantos(a)co.weld.co.us, Address: PO Box 459, Greeley, CO 80632
The Jurisdiction notice shall be given to the Jurisdiction at: / Phone: Clio- 3-OO&d, fax: q1O Lai -6 C
E-mail: aal(enerZ /l �()�" 0?S5)an10. Co • "s
Address: 3-U ( '! IQ plUanrZt
LO,q y;itt`) ciJ gvVo.3/
Page 4 of 5
DATED this /' day of '''ems'" ' 2009.
WELD COUNTY CLERK AND RECORDER
Steve Moreno, Clerk and Recorder
APPROVED AS TO FORN];
Wiggins RE -50J
APPROVED AS TO FORM:
Attorna✓ for Jurisdiction i?g :tare)
yi NOT
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
William F. Garcia Chair
Deputy Clerk to the B
ATTEST:
esignate
(Signature)
SEP 1 4 ZOOc_
tion Official for Jurisdiction
Page 5 of 5
•
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
2009 Master
Weld County School District RE -7 (Platte Valley), 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 3, 2009, Coordinated
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 mail ballot on November 3, 2009, and
WHEREAS, the Jurisdiction agrees to conduct a Coordinated 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 3, 2009, Coordinated 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,
Page 1 of 5
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 31, 2009, 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 3, 2009, 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.g. 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.
Page 2 of 5
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
designated election official for the conduct of the election for the Jurisdiction for all
matters in the Code which require action by the designated election official and as
Coordinated 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
Greeley Tribune.
c. Send a November 3, 2009, mail ballot packet to each eligible elector during the
period from October 12 to 19, 2009.
d. Provide 3 locations for voters to apply for and obtain mail ballots:
• The Weld County Election Office, 1401 North 17th Avenue, Greeley, CO
• The Southwest Weld Office (Del Camino), 4209 County Road 24''A, Longmont,
CO
• Southeast Weld Office, 2950 9th Street, Fort Lupton, CO
• October 12 — November 2, 2009 - 8:00 a.m. - 5:00 p.m. — Monday — Friday
• Election Day — November 3, 2009 - 7:00 a.m. - 7:00 p.m.
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
time and manner provided and required by the Code. 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.
Page 3 of 5
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 Coordinated 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.
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: %%-33G-1Sou , fax: 97o -336 - &37(
E-mail:g cc/aiw@p✓s. iciz.to.us and
Address: e_0. Lox q r kersai, ea $0. vy
Page 4 of 5
DATED this /4/tt day of , 2009.
WELD COUNTY CLERK AND RECORDER
Steve Moreno, Clerk and Recorder
APPROVED AS TO FO
AttorfSey
William F. Garcia, Chair SEP 1 4 _7009
BOARD OF COUNTY COMMISSIONERS
OF THE COU Y OF WELD COUNTY
7,
Deputy Clerk to the Bo
Weld County School District RE -7 (Platte Valley)
APPROVED AS TO FORM:
Attorney for Jurisdiction (Signature)
ATTEST:
Designated Election Official for Jurisdiction_
(Signature) F leNn filCca/N Jr. Cd.Q
Page 5 of 5
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
2009 Master
Weld County School District RE -5J (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 3, 2009, Coordinated 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 mail ballot on November 3, 2009, and
WHEREAS, the Jurisdiction agrees to conduct a Coordinated 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 tarimcr
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 3, 2009, Coordinated 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,
Page 1 of 5
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 31, 2009, 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 3, 2009, 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.g. 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.
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.
Page 2 of 5
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
designated election official for the conduct of the election for the Jurisdiction for all
matters in the Code which require action by the designated election official and as
Coordinated 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
Greeley Tribune.
c. Send a November 3, 2009, mail ballot packet to each eligible elector during the
period from October 12 to 19, 2009.
d. Provide 3 locations for voters to apply for and obtain mail ballots:
• The Weld County Election Office, 1401 North 17'h Avenue, Greeley, CO
• The Southwest Weld Office (Del Camino), 4209 County Road 24 '/, Longmont,
CO
• Southeast Weld Office, 2950 9`h Street, Fort Lupton, CO
• October 12 — November 2, 2009 - 8:00 a.m. - 5:00 p.m. — Monday — Friday
• Election Day — November 3, 2009 - 7:00 a.m. - 7:00 p.m.
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.
Designate a "contact" to act as a primary liaison or contact between the Jurisdiction
and the County Clerk.
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
time and manner provided and required by the Code. All recounts required by the
Code.
f.
9.
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.
Page 3 of 5
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 Coordinated 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.
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:
(R7o) 5 87 - (post , fax: (77O) 587-.6D7,
CWh;tt'Q weldresj.ka.eagand mftsterrawed nom. ki2.m•uo
tic S ° enrnn.1Dr, 5Ee.4
Phone:
E-mail:
Address:
Leo SD643
Page 4 of 5
DATED this I Co day of J ciA1
WELD COUNTY CLERK AND RECORDER
Steve Moreno, Clerk and Recorder
APPROVED AS TO FORM:
, 2009.
BOARD OF COUNTY COMMISSIONERS
OF THE COVINeY OF WELD COUNTY
L�J
William F. Garcia, Chair SEP 1 4 2UEU9
Deputy Clerk to the Boar
Weld County School District RE -5J (Milliken)
APPROVED AS TO FORM:
Attorney for Jurisdiction (Signature)
ATTEST:
Designated Elec ion
(Signature)
Page 5 of 5
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
2009 Master
Sim -16464€1. -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 3, 2009, Coordinated 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 mail ballot on November 3, 2009, and
WHEREAS, the Jurisdiction agrees to conduct a Coordinated 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 Mans
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 3, 2009, Coordinated 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,
Page 1 of 5
iii
N)
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 31, 2009, 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 3, 2009, 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.g. 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.
Page 2 of 5
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
designated election official for the conduct of the election for the Jurisdiction for all
matters in the Code which require action by the designated election official and as
Coordinated 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
Greeley Tribune.
c. Send a November 3, 2009, mail ballot packet to each eligible elector during the
period from October 12 to 19, 2009.
d. Provide 3 locations for voters to apply for and obtain mail ballots:
• The Weld County Election Office, 1401 North 17th Avenue, Greeley, CO
• The Southwest Weld Office (Del Camino), 4209 County Road 24'/:, Longmont,
CO
• Southeast Weld Office, 2950 9`h Street, Fort Lupton, CO
• October 12 — November 2, 2009 - 8:00 a.m. - 5:00 p.m. — Monday — Friday
• Election Day — November 3, 2009 - 7:00 a.m. - 7:00 p.m.
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
time and manner provided and required by the Code. 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.
Page 3 of 5
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 Coordinated 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.
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: 3o 3 6 s5 a4sz , fax: 303 ioS6.2WAD
E-mail:tjan s(Qsda j-.orf and
Address: /y..5-57d's7`/dO` K'
—3,k--6,., Cv W6U
Page 4 of 5
DATED this Nit day of
said
, 2009.
WELD COUNTY CLERK AND RECORDER
;fit
Steve Moreno, Clerk and Recorder
APPROVED AS TO FO
ney
APPROVED AS TO FORM:
BOARD OF COUNTY COMMISSIONERS
OF THE COUNT M OF WELD COUNTY
William F. Garcia, Chair SEP 1 4 2009
Deputy Clerk to the B
Weld County School District 27J (Brighton)
ATTEST:
dmadno
Designated El
(Signature)
ction (Signature)
J
on Official for Jurisdiction
Page 5 of 5
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
2009 Master
Weld County School District Re -3J (Keenesburg), 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 3, 2009, Coordinated
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 mail ballot on November 3, 2009, and
WHEREAS, the Jurisdiction agrees to conduct a Coordinated 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 pparties agree as follows:
1. The Jurisdiction encompasses territory ' ) within Weld County and i 4-//i S
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 3, 2009, Coordinated 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,
Page 1 of 5
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(3Xa), 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(2Xe), C.R.S. Comments to be accepted must be filed by the end of the
business day on the Friday before the 45" 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 31, 2009, 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 3, 2009, 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.g. 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.
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.
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.
Page 2of5
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
designated election official for the conduct of the election for the Jurisdiction for all
matters in the Code which require action by the designated election official and as
Coordinated 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
Greeley Tribune.
c. Send a November 3, 2009, mail ballot packet to each eligible elector during the
period from October 12 to 19, 2009.
d. Provide 3 locations for voters to apply for and obtain mail ballots:
• The Weld County Election Office, 1401 North 17th Avenue, Greeley, CO
• The Southwest Weld Office (Del Camino), 4209 County Road 24 'A, Longmont,
CO
• Southeast Weld Office, 2950 9t Street, Fort Lupton, CO
• October 12 — November 2, 2009 - 8:00 a.m. - 5:00 p.m. — Monday — Friday
• Election Day — November 3, 2009 - 7:00 a.m. - 7:00 p.m.
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.
Designate a 'contact" to act as a primary liaison or contact between the Jurisdiction
and the County Clerk.
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
time and manner provided and required by the Code. All recounts required by the
Code.
f.
9.
i. 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.
Page 3 of 5
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 Tale 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 Coordinated 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.
f. Notice shall be given by Jurisdiction to the Clerk by phone:
(970) 304-6525, Extension 3178, fax (970) 304566,
E-mail: rsantosa)co.weld.co.us, Address: PO Box 459, Greeley, CO 80632
The Jurisdiction notice shall be given to the Jurisdiction at:
Phone: , fax:
E-mail: and
Address:
Page 4 of 5
BOARD OF COUNTY COMMISSIONERS
OF THE COUOF WELD COUNTY
William
rcia, Chair SEP 1 4 2009
Weld County School District Re -3J (Keenesburg)
DATED this Al day of
, 2009.
WELD COUNTY CLERK AND RECORDER
Steve Moreno, Clerk and Recorder
APPROVED AS TO FO
omey
DASTOF
ttomey for J %' diction (signature)
ATTEST:
Ykkfeul
Design ted Election Officia
l for Juris iction
(Signature)
Page 5 of 5
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
2009 Master
Weld County School District RE -1J (St. Vrain), 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 3, 2009, Coordinated 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 mail ballot on November 3, 2009, and
WHEREAS, the Jurisdiction agrees to conduct a Coordinated 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:
Boulder, Larimer, and
1. The Jurisdiction encompasses territory within Weld County and city & County of Broomfield
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 3, 2009, Coordinated 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,
Page 1 of 5
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 45`h 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 31, 2009, 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 3, 2009, 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.g. 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.
Page 2 of 5
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
designated election official for the conduct of the election for the Jurisdiction loran
matters in the Code which require action by the designated election official and as
Coordinated 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
Greeley Tribune.
c. Send a November 3, 2009, mail ballot packet to each eligible elector during the
period from October 12 to 19, 2009.
d. Provide 3 locations for voters to apply for and obtain mail ballots:
• The Weld County Election Office, 1401 North 17th Avenue, Greeley, CO
• The Southwest Weld Office (Del Camino), 4209 County Road 24 1/2, Longmont,
CO
• Southeast Weld Office, 2950 9th Street, Fort Lupton, CO
• October 12 — November 2, 2009 — 8:00 a.m. — 5:00 p.m. — Monday — Friday
• Election Day — November 3, 2009 — 7:00 a.m. — 7:00 p.m.
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.
Designate a "contact" to act as a primary liaison or contact between the Jurisdiction
and the County Clerk.
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
time and manner provided and required by the Code. All recounts required by the
Code.
f.
9.
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.
Page 3 of 5
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 Coordinated 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.
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: (303) 682-7203 fax: (303) 682-7343
E-mail: poynton john@stvrain.k12.co.us
Address: 395 South Pratt Parkway
Longmont, CO 80501
Page 4 of 5
DATED this /4t"" day of
WELD COUNTY CLERK AND RECORDER
Steve Moreno, Clerk and Recorder
APPROVED AS TO FOR
, 2009.
BOARD OF COUNTY COMMISSIONERS
OF THE CTY OF WELD COUNTY
William F. Garcia,. Chair.
Deputy Clerk to the B
Weld County School District RE -1J (St. Vrain)
APPROVED AS TO FORM:
&ea(
Attorney for Jurisdicti
(Signature)
ATTEST:
V
SEP 1-4 2009
Des' nated Election Ofrigial for Jurisdiction
(Sig(tature)
Page 5 of 5
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
2009 Master
Weld County School District RE -10J (Briggsdale), 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 3, 2009, Coordinated
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 mail ballot on November 3, 2009, and
WHEREAS, the Jurisdiction agrees to conduct a Coordinated 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 Al IP GAO
County. This Agreement shall be construed to apply only to that portion of the Jurisdiction ry
within Weld County. w
N
2. Term of Agreement: This Agreement is intended only to deal with the conduct of the
November 3, 2009, Coordinated 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,
Page 1 of 5
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 31, 2009, 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 3, 2009, 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.g. 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.
Page 2 of 5
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
designated election official for the conduct of the election for the Jurisdiction for all
matters in the Code which require action by the designated election official and as
Coordinated 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
Greeley Tribune.
c. Send a November 3, 2009, mail ballot packet to each eligible elector during the
period from October 12 to 19, 2009.
d. Provide 3 locations for voters to apply for and obtain mail ballots:
• The Weld County Election Office, 1401 North 17th Avenue, Greeley, CO
• The Southwest Weld Office (Del Camino), 4209 County Road 24'/, Longmont,
CO
• Southeast Weld Office, 2950 9th Street, Fort Lupton, CO
• October 12 — November 2, 2009 - 8:00 a.m. - 5:00 p.m. — Monday — Friday
• Election Day — November 3, 2009 - 7:00 a.m. - 7:00 p.m.
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
time and manner provided and required by the Code. 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.
Page 3 of 5
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 Coordinated 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.
f. Notice shall be given by Jurisdiction to the Clerk by phone:
(970) 304-6525, Extension 3178, fax (970) 304-6566,
E-mail: rsantos[?a,co.weld.co.us, Address: PO Box 459, Greeley, CO 80632
The Jurisdiction
�notice shall be given to the Jurisdiction at: �^
Phone] -17) 6 O1 "" 3 1 u 7 , fax: ,76(70)6S10—
c7fx
E-mail: rMarti1441)675citiesatc+�'ana
Address: 5l S Les Jnc s)-. Xi7 s4 6 %0 Fob 1/
Page 4 of 5
Steve Moreno, Clerk and Recorder
4.€1
DATED this o<ol day of
, 2009.
WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COJJNTY OF WELD COUNTY
William F. Garcia, Chair
APPROVED AS TO FORM: ATTEST:
Clerk to the Board of C
Deputy Clerk to the Boar
Weld County School District RE -10J (Briggsdale)
APPROVED AS TO FORM:
Attorney for Jurisdiction (Signature)
ATTEST:
SEP 1 4 2009
Desigriated EI Jurisdiction
(Signature)
Page 5 of 5
ecti n Official for
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
2009 Master
Weld County School District RE -20J (Weldon Valley), 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 3, 2009, Coordinated
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 mail ballot on November 3, 2009, and
WHEREAS, the Jurisdiction agrees to conduct a Coordinated 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 MID0,GIMLv
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 3, 2009, Coordinated 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,
Page 1 of 5
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 31, 2009, 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 3, 2009, 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.g. 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.
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.
Page 2 of 5
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
designated election official for the conduct of the election for the Jurisdiction for all
matters in the Code which require action by the designated election official and as
Coordinated 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
Greeley Tribune.
c. Send a November 3, 2009, mail ballot packet to each eligible elector during the
period from October 12 to 19, 2009.
d. Provide 3 locations for voters to apply for and obtain mail ballots:
• The Weld County Election Office, 1401 North 17th Avenue, Greeley, CO
• The Southwest Weld Office (Del Camino), 4209 County Road 24 ''A, Longmont,
CO
• Southeast Weld Office, 2950 9`h Street, Fort Lupton, CO
• October 12 — November 2, 2009 - 8:00 a.m. - 5:00 p.m. — Monday — Friday
• Election Day — November 3, 2009 - 7:00 a.m. - 7:00 p.m.
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
time and manner provided and required by the Code. 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.
Page 3 of 5
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 Coordinated 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.
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: ►7D -(D45-&411 , fax: 9-104 045 —?277 ,
E-mail:JpcephoeweUAadfahcyinra and
Address: 9a cart„,. c,e. , 1S s-onl4, C -a Rag, S3
Page 4 of 5
DATED this /L/ day of
WELD COUNTY CLERK AND RECORDER
Steve Moreno, Clerk and Recorder
, 2009.
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
William F. Garcia, Chair SEF.1. 4 2009
APPROVED AS TO FOR •/ ATTEST:
Clerk to the Board of
Deputy Clerk to the B
Weld County School District RE -20J (Weldon Valley)
AP'"OVEDAS • •?RM:
A orney for Jurisdict
nature)
ATTEST:
Designated Election Official for Jurisdiction
(Signature)
Page 5 of 5
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
2009 Master
111r -et pson 5di0D/ bLc rid i10,
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 3, 2009, Coordinated 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 mail ballot on November 3, 2009, and
WHEREAS, the Jurisdiction agrees to conduct a Coordinated 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 Lezrirker C'uv-n% k l3't-t`(eC-
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 3, 2009, Coordinated 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,
Page 1 of 5
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 45`h 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 31, 2009, 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 3, 2009, 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 Jursdiction designates persons
for the Board of Canvassers pursuant to paragraph 4 -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.
Page 2 of 5
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
designated election official for the conduct of the election for the Jurisdiction for all
matters in the Code which require action by the designated election official and as
Coordinated 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
Greeley Tribune.
c. Send a November 3, 2009, mail ballot packet to each eligible elector during the
period from October 12 to 19, 2009.
d. Provide 3 locations for voters to apply for and obtain mail ballots:
• The Weld County Election Office, 1401 North 17th Avenue, Greeley, CO
• The Southwest Weld Office (Del Camino), 4209 County Road 24''A, Longmont,
CO
• Southeast Weld Office, 2950 9th Street, Fort Lupton, CO
• October 12 — November 2, 2009 - 8:00 a.m. - 5:00 p.m. — Monday — Friday
• Election Day — November 3, 2009 - 7:00 a.m. - 7:00 p.m.
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
time and manner provided and required by the Code. 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.
Page 3 of 5
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 Coordinated 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.
f. Notice shall be given by Jurisdiction to the Clerk by phone:
(970) 304-6525, Extension 3178, fax (970) 304-6566,
E-mail: rsantos(c�co.weld.co.us, Address: PO Box 459, Greeley, CO 80632
The Jurisdiction notice shall be given to the Jurisdiction at:
Phone: 6110 - - au (3 , fax: `-J 70 —(= 13 - I?,
E-mail: 9a.'u ash 2 i'hwn.I$of . K
T5 SOS?,
Address: WC)S . 7�{� Out-_ / �� �Lw•-� �
at -t-6 :
Page 4 of 5
DATED this Nth- day of
WELD COUNTY CLERK AND RECORDER
Steve Moreno, Clerk and Recorder
APPROVED AS TO FOR
Cou Attorney
, 2009.
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
iam F. Garcia, Chair S
ATTEST:
Clerk to the Board of
Deputy Clerk to the B
/ )1Drri p6on 4
W,Id County School District R2 -J (Thompson)
APPROVED AS TO FORM:
Attorney for Jurisdiction (Signature)
ATTEST:
Designated Election Official for Jurisdiction
(Signature)
Page 5 of 5
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
2009 Master
Centennial Conservation 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 3, 2009, Coordinated 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 mail ballot on November 3, 2009, and
WHEREAS, the Jurisdiction agrees to conduct a Coordinated 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
_Logan 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 3, 2009, Coordinated 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 an rotests of the nominating petitions, as said tasks are set forth in any
applicable provisions of Title 1, Article IV, Parts an ,
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,
Page 1 of 1
j.
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 31, 2009, 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 3, 2009, 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.
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.
Page 2 of 2
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
designated election official for the conduct of the election for the Jurisdiction for all
matters in the Code which require action by the designated election official and as
Coordinated Election official.
b. Circulate the Article X, Section 2D, 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
Greeley Tribune.
c. Send a November 3, 2009, mail ballot packet to each eligible elector during the
period from October 12 to 19, 2009.
d. Provide 3 locations for voters to apply for and obtain mail ballots:
• The Weld County Election Office, 1401 North 17th Avenue, Greeley, CO
• The Southwest Weld Office (Del Camino), 4209 County Road 24'1/2, Longmont,
CO
• Southeast Weld Office, 2950 9th Street, Fort Lupton, CO
• October 12 — November 2, 2009 - 8:00 a.m. - 5:00 p.m. — Monday — Friday
• Election Day — November 3, 2009 - 7:00 a.m. - 7:00 p.m.
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.
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
time and manner provided and required by the Code. All recounts required by the
Code.
g.
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.
Page 3 of 3
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 Coordinated 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.
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: 970-522-1000 , fax: 970-522-0677
E-mail: rickCa)iackson-agencv.com
Address: 621 Iris Dr. P.O. Box 351, Sterling, CO 80751
Page 4 of 4
DATED this /4 day of
, 2009.
WELD COUNTY CLERK AND RECORDER BOARD OF COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
Steve Moreno, Clerk and Recorder
APPROVED AS TO
y Attomey
APPROVED AS TO FORM:
William F. Garcia, Chair SEp 1 4 2009
Deputy Clerk to the Boar
Centennial Conservation District
ATTEST:
Design d Election Official for Jurisdiction
(Signature)
Attorney for Jurisdiction (signature)
Page 5 of 5
r
CITY OF GREELEY, COLORADO
RESOLUTION NO. 63, 2009
A RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF GREELEY
TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH WELD
COUNTY TO PARTICIPATE IN THE NOVEMBER 3, 2009 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 election to be held November 3, 2009 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 3, 2009 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
t
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 18th day of August,
2009.
CITY OF GREELEY, COLORADO
ATTEST:
Page 2 of 2
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
2009 Master
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 3, 2009, Coordinated 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 mail ballot on November 3, 2009, and
WHEREAS, the Jurisdiction agrees to conduct a Coordinated 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 ra i - 1A J ct,
County. This Agreement shall be construed to apply only to that portionnjof the Jurisdiction
within Weld County.
2. Term of Agreement: This Agreement is intended only to deal with the conduct of the
November 3, 2009, Coordinated 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,
Page 1 of 5
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 31, 2009, 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 3, 2009, 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.g. 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.
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.
Page 2 of 5
LI
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
designated election official for the conduct of the election for the Jurisdiction for all
matters in the Code which require action by the designated election official and as
Coordinated 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
Greeley Tribune.
c. Send a November 3, 2009, mail ballot packet to each eligible elector during the
period from October 12 to 19, 2009.
d. Provide 3 locations for voters to apply for and obtain mail ballots:
• The Weld County Election Office, 1401 North 17th Avenue, Greeley, CO
• The Southwest Weld Office (Del Camino), 4209 County Road 24 %2, Longmont,
CO
• Southeast Weld Office, 2950 9`h Street, Fort Lupton, CO
• October 12 — November 2, 2009 - 8:00 a.m. - 5:00 p.m. — Monday — Friday
• Election Day — November 3, 2009 - 7:00 a.m. - 7:00 p.m.
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
time and manner provided and required by the Code. 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.
Page 3 of 5
tri
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 Coordinated 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.
f. Notice shall be given by Jurisdiction to the Clerk by phone:
(970) 304-6525, Extension 3178, fax (970) 304-6566,
E-mail: rsantos(7a,co.weld.co.us, Address: PO Box 459, Greeley, CO 80632
The Jurisdiction notice shall be given to the Jurisdiction at:
Phone: ch D' SSG - Qt'1 L\ 2 , fax: y 7o - "-Ts SO -cj g 2 ,
E-mail:61,Amu1Aer2(dastaNeletrd v.Cu
Address: *.k- c A, A-oAc\era
ID0C SAycei (veele�
Page4 of 5
1Y7
DATED this /4<" day of
WELD COUNTY CLERK AND RECORDER
Steve Moreno, Clerk and Recorder
APPROVED AS TO FO
ty Attorney
APPROVED AS TO FORM:
, 2009.
BOARD OF COUNTY COMMISSIONERS
OF THE C OF WELD COUNTY
William F. Garcia, Chair
SEP,1. 4 Zoog..
ATTEST:
Clerk to the Board of
Deputy Clerk to the Bo
City of Greeley
ATTEST:
SEE ATTACHED SIGNATURE PAGE
Attorney for Jurisdiction (Signature) Designated Election Official for Jurisdiction
(Signature)
Page 5 of 5
(2K
THE CITY OF GREELEY, COLORADO
APPROVED AS 'I'14) SUBSTANCE:
By:
C�tyJ anager
AVAILABILITY OF FUNDS:
Be
Y
Director . " m. ce
APPROVED AS TO LEGAL FORM
City Attorney
Designated Election Official
c4t, A
City CIe(r
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
2009 Master
City of Longmont, 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 3, 2009, Coordinated 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 mail ballot on November 3, 2009, and
WHEREAS, the Jurisdiction agrees to conduct a Coordinated 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 performance 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 Boulder 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 3,
2009, Coordinated 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, including a list of
Page 1 of 5
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 notices 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 d 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
31, 2009, and provide a list of valid affidavits received and forward them to the County
Clerk pursuant to §§ 1-4-1102(2), C.R.S.
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 3, 2009, 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.g. 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 §§1-10.5-101, 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.
g.
Page 2 of 5
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 designated
election official for the conduct of the election for the Jurisdiction for all matters in the Code
which require action by the designated election official and as Coordinated 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 Greeley Tribune.
c. Send a November 3, 2009, mail ballot packet to each eligible elector during the period from
October 12 to 19, 2009.
d. Provide 3 locations for voters to apply for and obtain mail ballots:
• The Weld County Election Office, 1401 North 17th Avenue, Greeley, CO
• October 12 — November 2, 2009 - 8:00 a.m. - 5:00 p.m. — Monday — Friday
• Election Day — November 3, 2009 - 7:00 a.m. - 7:00 p.m.
• The Southwest Weld Office (Del Camino), 4209 County Road 24 1/2, Longmont, CO
• October 12 — November 2, 2009 - 8:00 a.m. - 5:00 p.m. — Monday — Friday
• Election Day — November 3, 2009 - 7:00 a.m. - 7:00 p.m.
• Southeast Weld Office, 2950 9th Street, Fort Lupton, CO
• October 12 — November 2, 2009 - 8:00 a.m. - 5:00 p.m. — Monday — Friday
• Election Day — November 3, 2009 - 7:00 a.m. - 7:00 p.m.
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.
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 time and manner provided and required by the Code. All recounts
required by the Code shall be conducted by the County Clerk in the time and manner required
by the Code.
g.
i. Establish combined precincts and polling places and voting centers pursuant to § 1-5-102.7,
C.R.S. subject to the separate express approval by the Board of County Commissioners.
Page 3 of 5
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the Code shall
apply to 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 damages, 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 Coordinated 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.
f. Notice shall be given by Jurisdiction to the Clerk by phone:
(970) 304-6525, Extension 3178, fax number: (970) 304-6566,
E-mail:<rsantos@co.weld.co.us>,
Address: P.O. Box 459, Greeley, CO 80632
The Jurisdiction notice shall be given to the Jurisdiction at:
Phone: (303) 651-8650, fax: (303) 774-4721,
E-mail: valeria.skitt@ci.longmont.co.us, and
Address: City of Longmont, City Clerk's Office,
350 Kimbark, Longmont, CO 80501
Attn: Valeria Skitt, City Clerk.
Page 4 of 5
DATED this Nit day of oo
WELD COUNTY CLERK & RECORDER
Steve Moreno, Clerk and Recorder
APPROVED AS TO
, 2009
BOARD OF CO NTY COMMISSIONERS
OF THE CS.+I -OF WELD COUNTY
William F. Garcia, Chair _ SEP 14 2009
ATTEST:
Clerk to the Board of Co
ty Attorney Deputy Clerk to the Boar
CITY OF LONGMONT, COLORADO
001 _
APPROVED AS TO FORM:
Assista C t Attorney4
City Clerk
Page 5 of 5
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
2009 Master
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 3, 2009, Coordinated 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 mail ballot on November 3, 2009, and
WHEREAS, the Jurisdiction agrees to conduct a Coordinated 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 AAgwtn-r
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 3, 2009, Coordinated 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,
Page 1 of 5
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 31, 2009, 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 3, 2009, 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.g. 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.
Page 2 of 5
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
designated election official for the conduct of the election for the Jurisdiction for all
matters in the Code which require action by the designated election official and as
Coordinated 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
Greeley Tribune.
c. Send a November 3, 2009, mail ballot packet to each eligible elector during the
period from October 12 to 19, 2009.
d. Provide 3 locations for voters to apply for and obtain mail ballots:
• The Weld County Election Office, 1401 North 17th Avenue, Greeley, CO
• The Southwest Weld Office (Del Camino), 4209 County Road 24'/2, Longmont,
CO
• Southeast Weld Office, 2950 9th Street, Fort Lupton, CO
• October 12 — November 2, 2009 - 8:00 a.m. - 5:00 p.m. — Monday — Friday
• Election Day — November 3, 2009 - 7:00 a.m. - 7:00 p.m.
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.
Designate a "contact" to act as a primary liaison or contact between the Jurisdiction
and the County Clerk.
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
time and manner provided and required by the Code. All recounts required by the
Code.
f.
9.
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.
Page 3 of 5
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 Coordinated 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.
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: "f5v'Sis1 , fax: ?03rt4a`g-7°1S,
E-mailj5MflS nbr ,kan.orj and
Address: Po v 3 00(01 J/ NoY4Gtitlat-14 )6 133
Page 4 of 5
DATED this Ali day of S41 , 2009.
WELD COUNTY CLERK AND RECORDER
Steve Moreno, Clerk and Recorder
APPROVED • S TO,
ty ' ttorney
APPROVED AS TO FORM:
Kat leen M. Novak
Mayor
BOARD OF COUNTY COMMISSIONERS
OF THE COUNIY OF WELD COUNTY
illiam F. Garcia, Chair SEP 1,41O9
ATTEST:
Clerk to the Board of C
Deputy Clerk to the B
City of Northolenn
ATTEST:
re)
Election Official for Juris. action
Page 5 of 5
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
2009 Master
City of 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 3, 2009, Coordinated 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 mail ballot on November 3, 2009, and
WHEREAS, the Jurisdiction agrees to conduct a Coordinated 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
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 3, 2009, Coordinated 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 bf 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,
Page 1 of 5
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 45`h 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 31, 2009, 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 3, 2009, 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.g. 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.
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.
Page 2 of 5
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
designated election official for the conduct of the election for the Jurisdiction for all
matters in the Code which require action by the designated election official and as
Coordinated 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
Greeley Tribune.
c. Send a November 3, 2009, mail ballot packet to each eligible elector during the
period from October 12 to 19, 2009.
d. Provide 3 locations for voters to apply for and obtain mail ballots:
• The Weld County Election Office, 1401 North 17th Avenue, Greeley, CO
• The Southwest Weld Office (Del Camino), 4209 County Road 24'/2, Longmont,
CO
• Southeast Weld Office, 2950 9th Street, Fort Lupton, CO
• October 12 — November 2, 2009 - 8:00 a.m. - 5:00 p.m. — Monday — Friday
• Election Day — November 3, 2009 - 7:00 a.m. - 7:00 p.m.
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.
Designate a "contact" to act as a primary liaison or contact between the Jurisdiction
and the County Clerk.
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
time and manner provided and required by the Code. All recounts required by the
Code.
f.
g•
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.
Page 3 of 5
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 Coordinated 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.
f. Notice shall be given by Jurisdiction to the Clerk by phone:
(970) 304-6525, Extension 3178, fax (970) 304-6566,
E-mail: rsantos a(�co.weld.co.us, Address: PO Box 459, Greeley, CO 80632
The Jurisdiction notice shall be given to the Jurisdiction at:
Phone: 303-655-2031 , fax: 303-655-2158
gmartinez@brightonco. ovd
E-mail: $an
Address: 22 S. 4th Avenue, Brighton, Colorado 80601
Page 4 of 5
DATED this PPIL day of , 2009.
WELD COUNTY CLERK AND RECORDER
Steve Moreno, Clerk and Recorder
APPROVED AS T
Attorney
APPROVED. AS TO FORM:
Attorne or Jurisdiction (signature)
CITY OF BRIGHTON
„gr.
anice E. Pawlowski, Mayor
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
William F!Garcia, Chair SEP 1 4 2009
ATTEST:
Clerk to the Board of Co
Deputy Clerk to the Boar
City of Brighton
ATTEST:
Deed Election Official for Jurisdiction
(s
Page 5 of 5
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
2009 Master
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 3, 2009, Coordinated 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 mail ballot on November 3, 2009, and
WHEREAS, the Jurisdiction agrees to conduct a Coordinated 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 3, 2009, Coordinated 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,
Page 1 of 5
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 31, 2009, 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 3, 2009, 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.
Page 2 of 5
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
designated election official for the conduct of the election for the Jurisdiction for all
matters in the Code which require action by the designated election official and as
Coordinated 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
Greeley Tribune.
c. Send a November 3, 2009, mail ballot packet to each eligible elector during the
period from October 12 to 19, 2009.
d. Provide 3 locations for voters to apply for and obtain mail ballots:
• The Weld County Election Office, 1401 North 17th Avenue, Greeley, CO
• The Southwest Weld Office (Del Camino), 4209 County Road 24'%, Longmont,
CO
• Southeast Weld Office, 2950 9`h Street, Fort Lupton, CO
• October 12 — November 2, 2009 - 8:00 a.m. - 5:00 p.m. — Monday — Friday
• Election Day — November 3, 2009 - 7:00 a.m. - 7:00 p.m.
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
time and manner provided and required by the Code. 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.
Page 3of5
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 Coordinated 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.
f. Notice shall be given by Jurisdiction to the Clerk by phone:
(970) 304-6525, Extension 3178, fax (970) 304-6566,
E-mail: rsantos(a�co.weld.co.us, Address: PO Box 459, Greeley, CO 80632
The Jurisdiction notice shall be given to the Jurisdiction at:
Phone: 303-833-2317 x123, fax: 303-833-5528,
E-mail: velliott@ci.dacono.co.us and
Address: P.O. Box 186
Dacono, CO 80514
Page 4 of 5
DATED this Mt day of "', , 2009.
WELD COUNTY CLERK AND RECORDER
Steve Moreno, Clerk and Recorder
APPROVED AS TO F
ty Attorney
/ka eta
Mayor for Jurisdiction (signature)
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
William F. Garcia, Chair
SEP, I A 2009
ATTEST:
Clerk to the Board of Co
Deputy Clerk to the Bo
City of Dacono
ATTEST:
Jur
isdiction
Electionn
(Signature)
O ici I for
Page 5 of 5
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
2009 Master
City of Ft. Lupton, 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 3, 2009, Coordinated 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 mail ballot on November 3, 2009, and
WHEREAS, the Jurisdiction agrees to conduct a Coordinated 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 3, 2009, Coordinated 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,
Page 1 of 5
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 45'" 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 31, 2009, 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 3, 2009, 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.
Page 2 of 5
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
designated election official for the conduct of the election for the Jurisdiction for all
matters in the Code which require action by the designated election official and as
Coordinated 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
Greeley Tribune.
c. Send a November 3, 2009, mail ballot packet to each eligible elector during the
period from October 12 to 19, 2009.
d. Provide 3 locations for voters to apply for and obtain mail ballots:
• The Weld County Election Office, 1401 North 17th Avenue, Greeley, CO
• The Southwest Weld Office (Del Camino), 4209 County Road 24 1/2, Longmont,
CO
• Southeast Weld Office, 2950 9th Street, Fort Lupton, CO
• October 12 — November 2, 2009 - 8:00 a.m. - 5:00 p.m. — Monday — Friday
• Election Day — November 3, 2009 - 7:00 a.m. - 7:00 p.m.
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.
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
time and manner provided and required by the Code. All recounts required by the
Code.
g
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.
Page 3 of 5
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 Coordinated 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.
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: 10 857-(abWXIv/, fax: 3 3— '5% 6 357
E-mail: brvrl fersgfor4.4462-fai
Address: /LSD 5 /i'ic Kh/ey Aye
Lee,p t„, , (40 g'o /
Page 4 of 5
DATED this A/it day of 39271. , 2009.
WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
Steve Moreno, erk and Recorder
APPROVED AS T
am?
William F. Garcia, Chair SP 1 4 2009
Attorney Deputy Clerk to the Bo
APPROVED AS TO FORM:
City of Ft. Lupton
ATTEST:
7710.clitittosatat a.,6-6_4_
Attorney for Jurisdiction (Signature) Designated Election Official for JurisfJlction
(Signature)
Page 5 of 5
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
2009 Master
Town of Hudson, 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 3, 2009, Coordinated 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 mail ballot on November 3, 2009, and
WHEREAS, the Jurisdiction agrees to conduct a Coordinated 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 3, 2009, Coordinated 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,
Page 1 of 5
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 31, 2009, 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 3, 2009, 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.g. 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.
Page 2 of 5
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
designated election official for the conduct of the election for the Jurisdiction for all
matters in the Code which require action by the designated election official and as
Coordinated 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
Greeley Tribune.
c. Send a November 3, 2009, mail ballot packet to each eligible elector during the
period from October 12 to 19, 2009.
d. Provide 3 locations for voters to apply for and obtain mail ballots:
• The Weld County Election Office, 1401 North 17th Avenue, Greeley, CO
• The Southwest Weld Office (Del Camino), 4209 County Road 24 %, Longmont,
CO
• Southeast Weld Office, 2950 9`h Street, Fort Lupton, CO
• October 12 — November 2, 2009 - 8:00 a.m. - 5:00 p.m. — Monday — Friday
• Election Day — November 3, 2009 - 7:00 a.m. - 7:00 p.m.
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.
Designate a "contact" to act as a primary liaison or contact between the Jurisdiction
and the County Clerk.
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
time and manner provided and required by the Code. All recounts required by the
Code.
f.
g.
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.
Page 3 of 5
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 Coordinated 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.
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: 3043(,-93// ,, fax: 3n -53G- Q ISi ,
E-mail: Oak&7ja �hu scnevlc 4"a'rffi
Address: 20..Upc..3$l
p!s,n, co :ova -
Page 4 of 5
DATED this /VII' day of
WELD COUNTY CLERK AND RECORDER
Steve Moreno, Clerk and Recorder
APPROVED AS TO FO
orney
APPROVED AS TO FORM:
7
Attor •v °•r Jun - '7 ion (Signature)
, 2009.
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
Garcia, Chair
Deputy Clerk to the Bo
TOWN OF HUDSON
gnated Elbcti n OffcjafTorTurisdiction
(Signature) ----
Page 5 of 5
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
2009 Master
Town of Keenesburg, 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 3, 2009, Coordinated 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 mail ballot on November 3, 2009, and
WHEREAS, the Jurisdiction agrees to conduct a Coordinated 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 N
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 3, 2009, Coordinated 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,
Page 1 of 5
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 §§ 1-7-9O1 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 31, 2009, 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 3, 2009, 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.g. 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.
Page 2of5
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
designated election official for the conduct of the election for the Jurisdiction for all
matters in the Code which require action by the designated election official and as
Coordinated 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
Greeley Tribune.
c. Send a November 3, 2009, mail ballot packet to each eligible elector during the
period from October 12 to 19, 2009.
d. Provide 3 locations for voters to apply for and obtain mail ballots:
• The Weld County Election Office, 1401 North 17th Avenue, Greeley, CO
• The Southwest Weld Office (Del Camino), 4209 County Road 24''A, Longmont,
CO
• Southeast Weld Office, 2950 9'h Street, Fort Lupton, CO
• October 12 — November 2, 2009 - 8:00 a.m. - 5:00 p.m. — Monday — Friday
• Election Day — November 3, 2009 - 7:00 a.m. - 7:00 p.m.
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
time and manner provided and required by the Code. 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.
Page 3 of 5
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 Coordinated 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.
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: 3n- /32 - ZS , fax: SM. - OS?/
E-mail: 1ownofkeeae&rfebb. net and
Address: P0. 101 3I2 IL0 -5. M61 S4-.
teevtesbn Co go/043
Page 4 of 5
DATED this NIL day of Szp,/: , 2009.
WELD COUNTY CLERK AND RECORDER
Jzz_
Steve Moreno, Clerk and Recorder
APPROVED AS TO F
ty Attorney
APPROVED AS TO FORM:
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
arcia, Chair
. SEP.i_4,20QQ,,.
Deputy Clerk to the Bo
Town of Keenesburq
ATTEST:
' d.CQ iS
uttAI
Designated Election Official for Ju sdiction
(Signature)
Attorney for Jurisdictio` 'signature)
ad‘
Danny Kipp, Mayor
Page 5 of 5
r
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
2009 Master
Town of Platteville, 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 3, 2009, Coordinated 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 mail ballot on November 3, 2009, and
WHEREAS, the Jurisdiction agrees to conduct a Coordinated 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 3, 2009, Coordinated 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,
Page 1 of 5
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 31, 2009, 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 3, 2009, 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.g. 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.
Page 2 of 5
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
designated election official for the conduct of the election for the Jurisdiction for all
matters in the Code which require action by the designated election official and as
Coordinated 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
Greeley Tribune.
c. Send a November 3, 2009, mail ballot packet to each eligible elector during the
period from October 12 to 19, 2009.
d.
Provide 3 locations for voters to apply for and obtain mail ballots:
• The Weld County Election Office, 1401 North 17th Avenue, Greeley, CO
• The Southwest Weld Office (Del Camino), 4209 County Road 24'/, Longmont,
CO
• Southeast Weld Office, 2950 9th Street, Fort Lupton, CO
• October 12 — November 2, 2009 - 8:00 a.m. - 5:00 p.m. — Monday — Friday
• Election Day — November 3, 2009 - 7:00 a.m. - 7:00 p.m.
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
time and manner provided and required by the Code. 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.
Page 3 of 5
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 Coordinated 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.
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: (1 it , fax: ci1C /b S ft) lc ,
E-mail: I Iv:, )(gel*i; k fie ,tit e?, and
Address: 1-/C(,C,:4,.( (/I6.! -k" �(.lr' !"G CrS�
N-tnt;tlbtL�
Page 4 of 5
DATED this day of d 1L �c�1— , 2009.
WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
Steve Moreno, Clerk and Recorder
APPROVED AS TO FO
A orney
O/
APPROVED AS TO FORM:
Attorney for Jurisdiction (signature) C66
William F. G rcia, Chair
Deputy Clerk to the Boar
eville
N
ATTEST:
C , i`Ii (AiZA
esignate• Election official for Jurisdiction
(Signature)
Page 5 of 5
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
2009 Master
Town of Erie, 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 3, 2009, Coordinated 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 mail ballot on November 3, 2009, and
WHEREAS, the Jurisdiction agrees to conduct a Coordinated 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 3, 2009, Coordinated 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,
Page 1 of 5
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 31, 2009, 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 3, 2009, 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.g. 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.
Page 2 of 5
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
designated election official for the conduct of the election for the Jurisdiction for all
matters in the Code which require action by the designated election official and as
Coordinated 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
Greeley Tribune.
c. Send a November 3, 2009, mail ballot packet to each eligible elector during the
period from October 12 to 19, 2009.
d. Provide 3 locations for voters to apply for and obtain mail ballots:
• The Weld County Election Office, 1401 North 17th Avenue, Greeley, CO
• The Southwest Weld Office (Del Camino), 4209 County Road 24 1/2, Longmont,
CO
• Southeast Weld Office, 2950 9th Street, Fort Lupton, CO
• October 12 — November 2, 2009 - 8:00 a.m. - 5:00 p.m. — Monday — Friday
• Election Day — November 3, 2009 - 7:00 a.m. - 7:00 p.m.
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.
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
time and manner provided and required by the Code. All recounts required by the
Code.
g.
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.
Page 3 of 5
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 Coordinated 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.
f. Notice shall be given by Jurisdiction to the Clerk by phone:
(970) 304-6525, Extension 3178, fax (970) 304-6566,
E-mail: rsantos(a)co.weld.co.us, Address: PO Box 459, Greeley, CO 80632
The Jurisdiction notice shall be given to the Jurisdiction at:
Phone: , fax:
E-mail: and
Address:
Page 4 of 5
DATED this yytk day of Sp , 2009.
WELD COUNTY CLERK AND RECORDER
Steve Moreno, Clerk and Recorder William F.
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
t
APPROVED AS TO FO
orney
APPROVED AS TO FORM:
Attor ey for Juris• do' (Signature)
ATTEST:
Clerk to the
air
SEP Q 2!? 1
Deputy Clerk to the Boar
Town of Erie
ATTEST:
Dedignat
(Signature)
E .Gipctionaoltd/A--fficial
for Jurisdiction
Page 5 of 5
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
2009 Master
Town of Frederick, 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 3, 2009, Coordinated 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 mail ballot on November 3, 2009, and
WHEREAS, the Jurisdiction agrees to conduct a Coordinated 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 tFre Jurisdiction
within Weld County.
2. Term of Agreement: This Agreement is intended only to deal with the conduct of the
November 3, 2009, Coordinated 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,
Page 1 of 5
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 45`h 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 31, 2009, 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 3, 2009, 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.g. 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.
Page 2 of 5
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
designated election official for the conduct of the election for the Jurisdiction for all
matters in the Code which require action by the designated election official and as
Coordinated 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
Greeley Tribune.
c. Send a November 3, 2009, mail ballot packet to each eligible elector during the
period from October 12 to 19, 2009.
d. Provide 3 locations for voters to apply for and obtain mail ballots:
• The Weld County Election Office, 1401 North 17th Avenue, Greeley, CO
• The Southwest Weld Office (Del Camino), 4209 County Road 24'/, Longmont,
CO
• Southeast Weld Office, 2950 9`h Street, Fort Lupton, CO
• October 12 — November 2, 2009 - 8:00 a.m. - 5:00 p.m. — Monday — Friday
• Election Day — November 3, 2009 - 7:00 a.m. - 7:00 p.m.
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.
9•
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
time and manner provided and required by the Code. 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.
Page 3 of 5
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 Coordinated 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.
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: t\C) 5%\ , fax: 'ZOO 3fl -5aaa,
�cemc'LL`c) b`e
E-mail:'nFo`c`c�oF® a
Address: RQ)c
Page 4 of 5
DATED this /7 1"-' day of Sed , 2009.
WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
Steve Moreno, Clerk and Recorder
APPROVED AS TO FO
o y Attorney
APPROVED AS TO FORM:
Attorney for Jurisdiction (signature)
William F. Garcia, Chair SEP 1 4 2009
ATTEST:
Clerk to the
Deputy Clerk to the Bo
Town of Frederick
Des • nated Election O
(Signature)
Page 5 of 5
Hello