HomeMy WebLinkAbout20022518.tiff Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
The Ground Water Management Subdistrict of the Central Colorado Water Conservancy 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 5, 2002, 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 polling place on November 5, 2002, 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(1),
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, Morgan County and Adams
County. This Agreement shall be construed to apply only to that portion of the
Jurisdiction within Weld County.
2. Term of Agreement: This Agreement is intended only to deal with the conduct of the
November 5, 2002, 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 22a 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
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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(1), § 22-31-107, 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 candidates, ballot title, and text, must be certified to the
County Clerk no later than 55 days before the election, pursuant to 1-5-203(3),
C.R.S.
d. Publish and post notices of election pursuant to § 1-5-205, C.R.S., and include the
information regarding the walk-in location address for application or return of
absentee ballots as set forth in paragraph 4.c 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, 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 September 6, 2002, and provide a list of valid affidavits received to the County
Clerk pursuant to §§ 1-4-1101 and 1102, C.R.S.
g. Publish or post within the jurisdiction any notices or ballots if required in addition
to County publications set forth in -¶ 4.b herein which notice may incorporate the
County Clerk's notice pursuant to § 1-5-205 (1.2), C.R.S.
h. Pay the sum of $.75 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 5, 2002, 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 far the Board of Canvassers pursuant to 9¶ 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
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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.
i. 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.
j. 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.
k. 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.
I. Carry out all actions 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
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 and the designated election official is responsible for any
additional notices pursuant to ¶3.g herein.
c. Provide a place for early voting and application for and issuance of absentee
ballots at 1402 North 17th Avenue, Greeley, Colorado, and at the office of the
Weld County Clerk and Recorder and 4209 County Road 24 'h (DelCamino),
Longmont, Colorado, at the substation of the Weld County Clerk and Recorder.
Early voting shall take place during the hours of 8:00 a.m. - 5:00 p.m., Monday -
Friday, starting October 21, 2002, and ending November 1, 2002. Provide for the
issuance and acceptance of electronic absentee ballots to be cast by overseas
military personnel in accordance with C.R.S. § 1-3-103.5.
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d. 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.
e. Designate a "contact" to act as a primary liaison or contact between the
Jurisdiction and the County Clerk.
f. 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.
g. 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. MI recounts
required by the Code shall be conducted by the County Clerk in the time and
manner required by the Code.
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 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 ¶ 3.h 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.
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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 at phone:
(970 )304-6525, Extension 3178, fax number: (970) 353-1964,
E-mail: <rpropp @co.weld.co.us>,
address: P.O. Box 459, Greeley, CO 80632;
and the Jurisdiction notice shall be given to the Jurisdiction at:
phone: 970-330-4540 (970-356-9160-Jones),
fax: 970-330-4546 (970-356-1111-Jones)
e-mail: tcech a'uno.com; paj@llolaw.com and
address: Tom Cech
Central Colorado Water Conservancy District
3209 W. 28th, St., Greeley, CO 80634
P. Andrew Jones
Lind, Lawrence & Ottenhoff LLP
1011 11th Ave.
Greeley, CO 80631
DATED this 9th day of September , 2002.
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
�HE CQUN� OF WELD
1 h 64,Yo
.A. "Suki" Tsukamoto David E. Long (09/0 /2002)
Chair Pro-Tem
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APPROVED AS TO FORM: ATTEST: LetilAW �..
_ , Clerk to the Board of Coi °A4 E La
Commissioners
Co y Attorne Deputy Clerk to the Boar „r
GROUND WATER MANAGEMENT
SUBDISTRICT OF THE CENTRAL
COLORADO WATER CONSERVANCY
DISTRICT
(Title) ,z i
APPROVED AS TO FORM ATTEST:
(Title)1/4-
Attorney for for Jurisdiction
•
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