HomeMy WebLinkAbout20052709.tiff Memorandum of Intergovernmental Agreement -'2Q05 Master
For Conduct of Coordinated Elections •
4 "
rourn o i- Pt( if , 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 1, 2005, 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 vote center on November 1, 2005, 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 1, 2005, 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.
dipq
CC-YlSU14 aic�. Page 1 of 5 2005-2709
9-12 - zu-5 re '. c9R
oY 1�1 -OS"
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.
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
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-
4-125(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 29, 2005, 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$.75 per registered elector eligibly to vote in the Jurisdiction's
election as of the final date of registration prior to the November 1, 2005, 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, 1-10.5-110 or 1-112-215 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. Provide a place for early voting and application for and issuance of absentee ballots
at the office of the Weld County Clerk and Recorder, 1402 North 17'" Avenue,
Greeley, CO from September 30 — October 16, 2005, and the Weld County Training
Center, 1104 "H" Street, Greeley, CO; Southwest Weld (Del-Camino), 4209 County
Road 24 ''A, Longmont, CO; New Frontier Building, 2425 35`h Avenue, Greeley, CO;
Windsor Community Rec. Center, 250 11`h Street, Windsor, CO; and the Fort Lupton
Community Rec. Center, 203 S Harrison, Fort Lupton, CO; from October 17 — 28,
2005. Early voting shall take place during the hours of 8:00 a.m. -5:00 p.m., Monday
— Friday, starting October 17, 2005, and ending October 28, 2005.
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. All recounts required by the
Code.
h. 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.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the Code
shall apply to the completion of the tasks required by this Agreement.
Page 3 of 5
• 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
posses, 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.
Page 4 of 5
f. Notice shall be given by Jurisdiction to the Clerk by phone:
(970) 304-6525, Extension 3178, fax (970) 353-1964,
E-mail: rsantosco.weld.co.us,
Address: PO Box 459, Greeley, CO 80632
The Jurisdiction notice shall be given to the Jurisdiction at:
Phone: dvo .3t( 4SL)C{ , fax: 4rn g 3y 919y,
E-mail: SuI)ISO-kwnoCau I),nrq and
Address: )CI )'Si- .Sf J To BIAL loge
At/ if (10 c o/O .
DATED this � day of 46(31/1"-- , 2005.
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
Y
Steve Moreno, Clerk & Recorder William H. Jerke, Commissioner SEP 12 2005
;,"�1
APPROVED AS TO FO ATTEST: ,. ,�, ��� �1
Clerk to the Board . a`,n :' ` :n
1361 • .. .iitzp
84eAl 8<
o ty Attorney Deputy Clerk �� / •Netf /� (Jurisdiction)
I Uw r) o-i nu I
(Designated Election Official) 2j� /2/t)it PnP
APPROVE S T RM: ATTEST: ''`S 'P . c °`��P `'':
iN
t�� .�
Attorney f r Jurisdiction (Signature) D ignati'ad Electio a icial ,.nature)
Page5of5
,':R
alas- , 7G' '
•
Memorandum of Intergovernmental Agreement 2005 Master
For Conduct of Coordinated Elections
---Rov � \ c , 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 1, 2005, 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 vote center on November 1, 2005, 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 1, 2005, 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.
Page 1 of 5
aoes -&709
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.
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
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-
4-125(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 29, 2005, 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$.75 per registered elector eligibly to vote in the Jurisdiction's
election as of the final date of registration prior to the November 1, 2005, 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, 1-10.5-110 or 1-112-215 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. Provide a place for early voting and application for and issuance of absentee ballots
at the office of the Weld County Clerk and Recorder, 1402 North 17th Avenue,
Greeley, CO from September 30 — October 16, 2005, and the Weld County Training
Center, 1104 "H" Street, Greeley, CO; Southwest Weld (Del-Camino), 4209 County
Road 24 1/2, Longmont, CO; New Frontier Building, 2425 35th Avenue, Greeley, CO;
Windsor Community Rec. Center, 250 11th Street, Windsor, CO; and the Fort Lupton
Community Rec. Center, 203 S Harrison, Fort Lupton, CO; from October 17 — 28,
2005. Early voting shall take place during the hours of 8:00 a.m. - 5:00 p.m., Monday
— Friday, starting October 17, 2005, and ending October 28, 2005.
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. All recounts required by the
Code.
h. 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.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the Code
shall apply to the completion of the tasks required by this Agreement.
Page 3 of 5
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
posses, 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.
Page 4 of 5
f. Notice shall be given by Jurisdiction to the Clerk by phone:
(970) 304-6525, Extension 3178, fax (970) 353-1964,
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 $33-23%9 , fax: 303-833-5%1 ,
E-mail: NF or nooWC57-057 L9arr�dv
Address: Qbt3X 4b5t V-Ceder\(i ,Q). `%05&
a\
DATED this N"\41 day of%S..# 2005.
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
Steve Mor no, Clerk & Recorder William H. Jerke, Commissioner SEP 12 2005
i
APPROVED AS TO FO ATTEST:
Clerk to the Board of Co �iiS' ' a er
Co ty Attorney Deputy Cler o t
�aa♦t!
(Jurisdiction)\ ,kyrJ ' g
(Designated Election Official) ‘ -
�� . .
APPROVED AS TO FORM: ATTEST: �_.
Oc‘j_jZ\._____„ \�. . �� �.)]L�`�'��, \�• �I/O
Attorney for Jurisdiction (signature) esignat ': 9cfib1f't t- (Signature)
.. f s ! _
Page 5 of 5
07as - a7oy
Memorandum of Intergovernmental Agreement 2005 Master
For Conduct of Coordinated Elections _ 2: nn
Town of Mead , hereinafter referred to as "Jurisdiction," 'dogs
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 1, 2005, 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 vote center on November 1, 2005, 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
Town of Mead 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 1, 2005, 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.
Page 1 of 5
boas- a 702
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.
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
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-
4-125(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 29, 2005, 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$.75 per registered elector eligibly to vote in the Jurisdiction's
election as of the final date of registration prior to the November 1, 2005, 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, 1-10.5-110 or 1-112-215 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. Provide a place for early voting and application for and issuance of absentee ballots
at the office of the Weld County Clerk and Recorder, 1402 North 17th Avenue,
Greeley, CO from September 30 — October 16, 2005, and the Weld County Training
Center, 1104 "H" Street, Greeley, CO; Southwest Weld (Del-Camino), 4209 County
Road 24 1/Z, Longmont, CO; New Frontier Building, 2425 35th Avenue, Greeley, CO;
Windsor Community Rec. Center, 250 11th Street, Windsor, CO; and the Fort Lupton
Community Rec. Center, 203 S Harrison, Fort Lupton, CO; from October 17 — 28,
2005. Early voting shall take place during the hours of 8:00 a.m. -5:00 p.m., Monday
— Friday, starting October 17, 2005, and ending October 28, 2005.
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. All recounts required by the
Code.
h. 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.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the Code
shall apply to the completion of the tasks required by this Agreement.
Page 3 of 5
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
posses, 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.
Page 4 of 5
f. Notice shall be given by Jurisdiction to the Clerk by phone:
(970) 304-6525, Extension 3178, fax (970) 353-1964,
E-mail: rsantosc co.weld.co.us,
Address: PO Box 459, Greeley, CO 80632
The Jurisdiction notice shall be given to the Jurisdiction at:
Phone: 970-535-4477 , fax970-535-0831
E-mail:mpadtnwnRaot . r•om and
Address: 441 Third Street , P. 0. Box 626, Mead, CO 80542
DATED this 8 day of August , 2005.
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
0 2 h 4'92-)N'_//22,
Steve Moreno, Clerk & Recorder William H. Jerke, Commissioner SEP 1 2 2005
APPROVED AS TO FOR : ATTEST: / '/ •'� ��
Clerk to the Board ofC fl:; iwr1. e s
unty Attorney Deputy Clerks
(Jurisdiction)
(Designated Election Official)
Richard E. Kraemer, M or
APPROVED AS TO FORM: ATTEST:
Attorney furisdiction (signature Designated Electio fficial Signature)
Candace Bridgwat , Town Clerk
Page 5 of 5
Memorandum of Intergovernmental Agreement 2005 Master
For Conduct of Coordinated Elections
Nui6 O T M 1 ) ken/ , 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 1, 2005, 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 vote center on November 1, 2005, 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 1, 2005, 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.
Page 1 of 5
&Oaf/-a 7D%
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.
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
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-
4-125(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 29, 2005, 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$.75 per registered elector eligibly to vote in the Jurisdiction's
election as of the final date of registration prior to the November 1, 2005, 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, 1-10.5-110 or 1-112-215 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. Provide a place for early voting and application for and issuance of absentee ballots
at the office of the Weld County Clerk and Recorder, 1402 North 17`h Avenue,
Greeley, CO from September 30 — October 16, 2005, and the Weld County Training
Center, 1104 "H" Street, Greeley, CO; Southwest Weld (Del-Camino), 4209 County
Road 24 ''A, Longmont, CO; New Frontier Building, 2425 35th Avenue, Greeley, CO;
Windsor Community Rec. Center, 250 11`h Street, Windsor, CO; and the Fort Lupton
Community Rec. Center, 203 S Harrison, Fort Lupton, CO; from October 17 — 28,
2005. Early voting shall take place during the hours of 8:00 a.m. - 5:00 p.m., Monday
— Friday, starting October 17, 2005, and ending October 28, 2005.
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. All recounts required by the
Code.
h. 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.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the Code
shall apply to the completion of the tasks required by this Agreement.
Page 3 of 5
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
posses, 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.
Page 4 of 5
f. Notice shall be given by Jurisdiction to the Clerk by phone:
(970) 304-6525, Extension 3178, fax (970) 353-1964,
E-mail: rsantosco.weld.co.us,
Address: PO Box 459, Greeley, CO 80632
The Jurisdiction notice shall be given to the Jurisdiction at:
Phone: 9 70 567-Q331 , fax: 97c, -a4 7&,
E-mail: A ►roc•Kne..Qfvwp. in`II anednicer'As
Address:
Ile 1 Q fo4J S4— ()fewer
111 . Ili kenl C,r)�OSit 3
DATED this / g day of 4uq t,s4- , 2005.
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
,��1/C.�.-P. ��'?z-�Le-vas �i!/Z G..✓�
Steve Moreno, Clerk & Recorder William H. Jerke, CommissionerSEP 1 2 2005
APPROVED AS TO FOR : ATTEST:
Clerk to the Board of ► !!'5`:�i' d.' hers
� ., •`"� 'iv
��
unty Attorney Deputy Cle�• a ; '?• �'
UN 1
(Jurisdiction)
(Designated Election Official)
APPROVED AS TO FORM: ATTEST:
Attorney for Jurisdiction (signature) a ed Election Official (signature)
'r
Page 5 of 5
coos-a76'9
•
Memorandum of Intergovernmental Agreement 2005 Master
For Conduct of Coordinated Elections
Ia w n o4 P/64-ed, ��P , hereinafter referred to as "Jurisdiction2'oes
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 1, 2005, 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 vote center on November 1, 2005, 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
kie I d 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 1, 2005, 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.
Page 1 of 5
U?oos-a7o2
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.
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
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-
4-125(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 29, 2005, 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$.75 per registered elector eligibly to vote in the Jurisdiction's
election as of the final date of registration prior to the November 1, 2005, 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, 1-10.5-110 or 1-112-215 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. Provide a place for early voting and application for and issuance of absentee ballots
at the office of the Weld County Clerk and Recorder, 1402 North 17th Avenue,
Greeley, CO from September 30 — October 16, 2005, and the Weld County Training
Center, 1104 "H" Street, Greeley, CO; Southwest Weld (Del-Camino), 4209 County
Road 24 '/2, Longmont, CO; New Frontier Building, 2425 35th Avenue, Greeley, CO;
Windsor Community Rec. Center, 250 11`h Street, Windsor, CO; and the Fort Lupton
Community Rec. Center, 203 S Harrison, Fort Lupton, CO; from October 17 — 28,
2005. Early voting shall take place during the hours of 8:00 a.m. -5:00 p.m., Monday
— Friday, starting October 17, 2005, and ending October 28, 2005.
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. All recounts required by the
Code.
h. 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.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the Code
shall apply to the completion of the tasks required by this Agreement.
Page 3 of 5
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
posses, 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.
Page 4 of 5
f. Notice shall be given by Jurisdiction to the Clerk by phone:
(970) 304-6525, Extension 3178, fax (970) 353-1964,
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: ei 70 7K5 cau5 , fax: Chi' 76-5 .ii )(r ,
E-mail: I kr.,der; ?late it r yiv•O/1'and
Address: iht: 6 ttx) I'-he tai . , er, 11( .IIP . (n te`-;i
•
DATED this L/411` day of Atete/c:.1 , 2005.
WELD COUNTY CLERK& RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
Steve Moreno, Clerk & Recorder William H. Jerke, Commissioner SEP 12 2005
APPROVE S TO F ATTEST:
Clerk to the Board of C
\ 1861 ?€jtg)
my Attorney Deputy Clerk
(Jurisdiction)
(Designated Election Official) d�a !. i4M it(9),F'�(
APPROVED AS TO FORM: ATTEST:
Attorney for Jurisdiction (Signature) Designated Election Official (signature)
Page 5 of 5
ows- x709
• Memorandum of Intergovernmental Agreement 2005 Master
For Conduct of Coordinated Elections
Town of Windsor , hereinafter referred to as "Jurisdiction,"'ages
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 1, 2005, 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 vote center on November 1, 2005, 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
Larimer 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 1, 2005, 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.
Page 1 of 5
owes- a>oq
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.
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
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-
4-125(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 29, 2005, 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$.75 per registered elector eligibly to vote in the Jurisdiction's
election as of the final date of registration prior to the November 1, 2005, 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, 1-10.5-110 or 1-112-215 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. Provide a place for early voting and application for and issuance of absentee ballots
at the office of the Weld County Clerk and Recorder, 1402 North 17"'Avenue,
Greeley, CO from September 30 — October 16, 2005, and the Weld County Training
Center, 1104 "H" Street, Greeley, CO; Southwest Weld (Del-Camino), 4209 County
Road 24 '/3, Longmont, CO; New Frontier Building, 2425 35th Avenue, Greeley, CO;
Windsor Community Rec. Center, 250 11th Street, Windsor, CO; and the Fort Lupton
Community Rec. Center, 203 S Harrison, Fort Lupton, CO; from October 17 — 28,
2005. Early voting shall take place during the hours of 8:00 a.m. -5:00 p.m., Monday
— Friday, starting October 17, 2005, and ending October 28, 2005.
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. All recounts required by the
Code.
h. - 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.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the Code
shall apply to the completion of the tasks required by this Agreement.
Page 3 of 5
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
posses, 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.
Page 4 of 5
f. Notice shall be given by Jurisdiction to the Clerk by phone:
(970) 304-6525, Extension 3178, fax (970) 353-1964,
E-mail: rsantosno.co.weld.co.us,
Address: PO Box 459, Greeley, CO 80632
The Jurisdiction notice shall be given to the Jurisdiction at:
Phone: 970-686-7476 , fax: 970-686-7180 ,
E-mail: rkennerly(dwi nr7Gnrgnv_ennand
Address: 301 Walnut Street
Windsor, CO 80550 .
DATED this 8th day of August , 2005.
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
Steve Moreno, Clerk & Recorder William H. Jerke, Commissioner sEp 1 2 2005
APPROVED AS TO FORM: ATTEST:
Clerk to the Board of J► 'waG''d:• rs
ty Attorney Deputy Cler'
(Jurisdiction)
iii»�
Mayor
(Designated Election Official) Cathy M. Kennedy
Town Clerk
APPROV / M:
ATTEST:
71 r
orney f r Juri I tion (signature) 'Resign ed Electio Official (sign e)
Page 5 of 5
o2ODS -6,77e,2
Memorandum of Intergovernmental Agreement 2005 Master
For Conduct of Coordinated Elections
The 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 1, 2005, 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 vote center on November 1, 2005, 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. 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 1, 2005, 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 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
0,90O5-A 70,
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 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-
4-125(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 29, 2005, 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 $.75 per registered elector eligibly to vote in the Jurisdiction's
election as of the final date of registration prior to the November 1, 2005, 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, 1-10.5-110 or 1-112-215
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.
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.
Page 2 of 5
c. Provide a place for early voting and application for and issuance of absentee ballots
at the office of the Weld County Clerk and Recorder, 1402 North 17th Avenue, Greeley, CO from
September 30 — October 16, 2005, and the Weld County Training Center, 1104 "H" Street,
Greeley, CO; Southwest Weld (Del-Camino), 4209 County Road 24 '/, Longmont, CO; New
Frontier Building, 2425 35th Avenue, Greeley, CO; Windsor Community Rec. Center, 250 11th
Street, Windsor, CO; and the Fort Lupton Community Rec. Center, 203 S Harrison, Fort Lupton,
CO; from October 17 — 28, 2005. Early voting shall take place during the hours of 8:00 a.m. -
5:00 p.m., Monday— Friday, starting October 17, 2005, and ending October 28, 2005.
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. All recounts required by the Code.
h. 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.
5. General Provisions
a. Time is of the essence to 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.
Page 3 of 5
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 posses,
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) 353-1964,
E-mail: rsantos(rDco.weld.co.us,
Address: PO Box 459, Greeley, CO 80632
The Jurisdiction notice shall be given to the Jurisdiction at:
Phone: 303-655-2012, fax: 303-655-2171,
E-mail: kborkowskk brightonco.gov and
Address: City of Brighton
22 S. 4t"Avenue
Brighton, CO 80601
Dated this 2n° day of August, 2005.
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
7j
Steve Moreno, Clerk & Recorder William H. Jerke, Commissioner
SEP 1 2 200E
APPR D AS TO FO L 'i,'l
ATTEST: �I'�ia�<rhU71�
Clerk to the Board of `Tnt
' 861 �.0 IV
GE E' 4'
unty Attorney Deputy Clerk'!(t
(Jurisdiction) City of Brighton
ce,Ge.03-riiii4 •
Japige E. Pawlowski, Mayor
Page 4 of 4
O76O5-a7,O9
APPROVED AS TO FORM: ATTEST:
Attor y for Jurisdiction (signature) Designated Election Official (signature)
Page 5of5
•• Memorandum of Intergovernmental Agreement 2005 Master
For Conduct of Coordinated Elections
d f ( a_a n o , hereinafter referred to as "Jurisdiction," does
hereby agree an 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 1, 2005, 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 vote center on November 1, 2005, 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 1, 2005, 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.
Page 1 of 5
atTos-a7o 9
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.
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
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-
4-125(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 29, 2005, 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$.75 per registered elector eligibly to vote in the Jurisdiction's
election as of the final date of registration prior to the November 1, 2005, 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, 1-10.5-110 or 1-112-215 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.
i. 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. Provide a place for early voting and application for and issuance of absentee ballots
at the office of the Weld County Clerk and Recorder, 1402 North 17`h Avenue,
Greeley, CO from September 30 — October 16, 2005, and the Weld County Training
Center, 1104 "H" Street, Greeley, CO; Southwest Weld (Del-Camino), 4209 County
Road 24 ''/z, Longmont, CO; New Frontier Building, 2425 35th Avenue, Greeley, CO;
Windsor Community Rec. Center, 250 11th Street, Windsor, CO; and the Fort Lupton
Community Rec. Center, 203 S Harrison, Fort Lupton, CO; from October 17 — 28,
2005. Early voting shall take place during the hours of 8:00 a.m. -5:00 p.m., Monday
— Friday, starting October 17, 2005, and ending October 28, 2005.
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. All recounts required by the
Code.
h. 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.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the Code
shall apply to the completion of the tasks required by this Agreement.
Page 3 of 5
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
posses, 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.
Page 4 of 5
f. Notice shall be given by Jurisdiction to the Clerk by phone:
(970) 304-6525, Extension 3178, fax (970) 353-1964,
E-mail: rsantos(o�co.weld.co.us,
Address: PO Box 459, Greeley, CO 80632
The Jurisdiction notice shall be given to the Jurisdiction at:
Phone: XO3-833 --23r1 /!)3 , fax: 3-X33 -552 ,
E-mail:p i(; *-Vucero c;.cleab.nand
co.us
Address: --- b -P,oy" iXla
A-11.-ANC 1 ) a ?os i4
DATED this ,9T day of , y (Q , 2005.
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
Steve Moreno, Clerk & Recorder William
H. Jerke, Commissioner�� SEP 1 2 2005
APPROVED AS TO FOR /��d� ATTEST:
Clerk to the Board of C.
o Attorney Deputy Clerk
(Jurisdiction)
(Designated Election Official) V p-t €-rttf_ �Lu o7C- L_ut€R-D
APPROVED AS TO FORM: ATTEST:
1
Attorney for Jurisdiction (signaiure) designated Eleetio t Official (signature)
Page 5 of 5
7 5--a'' 74
• Memorandum of Intergovernmental Agreement 2005 Master
For Conduct of Coordinated Elections
I ; ;. s5
CITY OF FORT 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 1, 2005, 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
eiection to occur via vote center on November 1, 2005, 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 1, 2005, 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.
Page 1 of 5
dDos-a 7n9
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.
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
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-
4-125(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 29, 2005, 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$.75 per registered elector eligibly to vote in the Jurisdiction's
election as of the final date of registration prior to the November 1, 2005, 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, 1-10.5-110 or 1-112-215 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. Provide a place for early voting and application for and issuance of absentee ballots
at the office of the Weld County Clerk and Recorder, 1402 North 171h Avenue,
Greeley, CO from September 30 — October 16, 2005, and the Weld County Training
Center, 1104 "H" Street, Greeley, CO; Southwest Weld (Del-Camino), 4209 County
Road 24 ''A, Longmont, CO; New Frontier Building, 2425 35th Avenue, Greeley, CO;
Windsor Community Rec. Center, 250 11th Street, Windsor, CO; and the Fort Lupton
Community Rec. Center, 203 S Harrison, Fort Lupton, CO; from October 17 — 28,
2005. Early voting shall take place during the hours of 8:00 a.m. - 5:00 p.m., Monday
— Friday, starting October 17, 2005, and ending October 28, 2005.
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. All recounts required by the
Code.
h. 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.
5. General Provisions
a. 'Time is of the essence to this Agreement. The statutory time frames of the Code
shall apply to the completion of the tasks required by this Agreement.
Page 3 of 5
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
posses, 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.
Page 4 of 5
f. Notice shall be given by Jurisdiction to the Clerk by phone:
(970) 304-6525, Extension 3178, fax (970) 353-1964,
E-mail: rsantosco.weld.co.us,
Address: PO Box 459, Greeley, CO 80632
The Jurisdiction notice shall be given to the Jurisdiction at:
Phone: 303-857-6694 , fax: 303-857-0351 ,
E-mail: cityclarv@€rii nat and
Address: 130 S MCKINLEY AVENUE FORT LUPTON, CO 80621
DATED this 10 day of AUGUST , 2005.
WELD COUNTY CLERK 8i RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
Steve Moreno, Clerk & Recorder William H. Jerke, Commissione5Ep 1 2 2005
APPROVED AS TO FO • ATTEST: LS
Clerk to the Board of County Vo - s '
1861 O
` " � �t
my Attorney Deputy Clerk to thee=`•
(Jurisdiction)
(Designated Election Official) Barbara Rodgers, City Clerk
APPROVED AS TO FORM: ATTEST:
Attorney for Jurisdiction (signature) Designated Election Official ignature)
Page 5 of 5
?DDS-Q7�9
Memorandum of Intergovernmental Agreement 2005 Master
For Conduct of Coordinated Elections
"+
The City of Greeley, Colorado , 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 1, 2005, 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 vote center on November 1, 2005, 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 only Weld 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 1, 2005, 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.
Page 1 of 5
Qas--a X09
•
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.
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
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-
4-125(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 29, 2005, 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$.75 per registered elector eligibly to vote in the Jurisdiction's
election as of the final date of registration prior to the November 1, 2005, 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, 1-
10.5-110 or 1-112-215 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. Provide a place for early voting and application for and issuance of absentee ballots
at the office of the Weld County Clerk and Recorder, 1402 North 17th Avenue,
Greeley, CO from September 30 — October 16, 2005, and the Weld County Training
Center, 1104 "H" Street, Greeley, CO; Southwest Weld (Del-Camino), 4209 County
Road 241/2, Longmont, CO; New Frontier Building, 2425 35`h Avenue, Greeley, CO;
Windsor Community Rec. Center, 250 11`" Street, Windsor, CO; and the Fort Lupton
Community Rec. Center, 203 S Harrison, Fort Lupton, CO; from October 17 — 28,
2005. Early voting shall take place during the hours of 8:00 a.m. -5:00 p.m., Monday
— Friday, starting October 17, 2005, and ending October 28, 2005.
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. All recounts required by the
Code.
h. 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.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the Code
shall apply to the completion of the tasks required by this Agreement.
Page 3 of 5
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
posses, 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.
Page 4 of 5
f. Notice shall be given by Jurisdiction to the Clerk by phone:
(970) 304-6525, Extension 3178, fax (970) 353-1964,
E-mail: rsantosco.weld.co.us,
Address: PO Box 459, Greeley, CO 80632
The Jurisdiction notice shall be given to the Jurisdiction at:
Phone: 970-350-9742 , fax: 970-350-9828 ,
E-mail: betsv.holder(a�greeleyaov.com and
Address: 1000 10th Street
Greeley, CO 80631
DATED this 20th day of July ,2005.
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
tv-4-
Steve Moreno, Clerk & Recorder William H. Jerke, Commissioner p 1 2 20055
APPROVED AS TO FO • ATTEST:
Clerk to the Board of Cou 7 a
�. I
ounty Attorney Deputy Clerk to the
Saar!
(Jurisdiction)
Thomas E. Selders
,`4 ®f GA Mayor
APPROVED AS TO SUB TANCE: jet1
•
IF
i a er C ;; ;;; ` ' ` Ci Clerk
; VTY,
APPROVED AS T• FO : APPROVED AS T AVAILABIL OF FUNDS:
y Attorney Director of Finance
Page 5 of 5
9oos- 6270 2
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
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 1, 2005,
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 vote center on November 1, 2005, 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 1, 2005, 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
Page 1 of 5
o70O5-<970
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 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 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 dose of
business on August 29, 2005, 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 $.75 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 1, 2005,
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 incurr'ng any expenses for the printing of the ballots, the
Jurisdiction shall not he obligated for any expenses. The Jurisdiction shall
also be responsible fo costs of recounts pursuant to §§1-10.5-101, 1-10.5-
104, 1-10.5-110 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.
Page 2 of 5
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 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.
c. Provide a place for early voting and application for and issuance of absentee
ballots at the office of the Weld County Clerk and Recorder, 1402 North 17th
Avenue, Greeley, CO from September 30 — October 16, 2005, and the Weld
County Training Center, 1104 "H" Street, Greeley, CO; Southwest Weld (Del-
Camino), 4209 County Road 24 Y2, Longmont, CO; New Frontier Building,
2425 35th Avenue, Greeley, CO; Windsor Community Rec. Center, 250 11th
Street, Windsor, CO; and the Fort Lupton Community Rec. Center, 203 S.
Harrison, Fort Lupton, CO; from October 17 — 28, 2005. Early voting shall
take place during the hours of 8:00 a.m. - 5:00 p.m., Monday - Friday, starting
October 17, 2005, and ending October 28, 2005.
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.
Page 3 of 5
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. All recounts required by the Code shall
be conducted by the County Clerk in the time and manner required by the
Code.
h. 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.
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.
Page 4 of 5
f. Notice shall be given by Jurisdiction to the Clerk by phone:
(970) 304-6525, Extension 3178, fax number: (970) 353-1964,
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.
DATED this ¶c day of c3, , — , 2000'5 (Es'
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY
OF WELD
Steve Moreno, Clerk and Recorder William H. Jerke, Commissioner SEP 12 2005
APPROVED AS TO FORM: ATTEST: ! J [/
JI 5rcal,E/
Clerk to the B rd o •` � : .
Commissioners , 1861 t�
my A ey Deputy Clerk to the Boar
CITY OF LOIAAGI�lONT, COLORADO
PIROMED AS TO FORM J Mar
A EST: toi �A
1ty A ey C cam^
City Clerk " e-3
Page 5 of 5
&GtDS-R7oy
Memorandum of Intergovernmental Agreement 2005 Master
For Conduct of Coordinated Elections
I.
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 1, 2005, 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 vote center on November 1, 2005, 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 1, 2005, 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.
Page 1 of 5
•
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.
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
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-
4-125(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 29, 2005, 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$.75 per registered elector eligibly to vote in the Jurisdiction's
election as of the final date of registration prior to the November 1, 2005, 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, 1-10.5-110 or 1-112-215 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. Provide a place for early voting and application for and issuance of absentee ballots
at the office of the Weld County Clerk and Recorder, 1402 North 17th Avenue,
Greeley, CO from September 30 — October 16, 2005, and the Weld County Training
Center, 1104 "H" Street, Greeley, CO; Southwest Weld (Del-Camino), 4209 County
Road 24 Y2, Longmont, CO; New Frontier Building, 2425 35th Avenue, Greeley, CO;
Windsor Community Rec. Center, 250 11th Street, Windsor, CO; and the Fort Lupton
Community Rec. Center, 203 S Harrison, Fort Lupton, CO; from October 17 — 28,
2005. Early voting shall take place during the hours of 8:00 a.m. -5:00 p.m., Monday
— Friday, starting October 17, 2005, and ending October 28, 2005.
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. All recounts required by the
Code.
h. 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.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the Code
shall apply to the completion of the tasks required by this Agreement.
Page 3 of 5
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
posses, 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.
Page 4 of 5
f. Notice shall be given by Jurisdiction to the Clerk by phone:
(970) 304-6525, Extension 3178, fax (970) 353-1964,
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) 450-8755 , fax: (303) 450-8708 ,
E-mail: dlentz@northglenn.org and DIANA L. LENTZ, CITY CLERK
Address: 11701 Community Center Dr.
P.O. Box 330061 Northglenn, Co. 80233-8061
DATED this Ian` day of , 2005.
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
/--
Steve Moreno, Clerk & Recorder H.Jerke, Commissioner sEP 1 '2 20135
`" /1614
APPROVED AS TO FO :_
1861 1'}� °`4(G ��
r ih�, ' of : :mmII0t
ti
Cou Attorney puut�tyy,JClerk to the Board
(Jurisdiction)LZ,c� V4ak."--al
(Title) 4J/i,771mnni---
APPROVED AS TO FORM: ATTEST:
City Attorney City Cler
Page 5 of 5
,?0O5 (.2 7O9
Memorandum of Intergovernmental Agreement 2005 Master
For Conduct of Coordinated Elections
Cnzci-pAi Sc/jr4;,/ 9i 4Y'rr ',b , 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 1, 2005, 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 vote center on November 1, 2005, 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 1, 2005, 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.
Page 1 of 5
.200u-d 709
Page 2 of 5
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.
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
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-
4-125(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 29, 2005, 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$.75 per registered elector eligibly to vote in the Jurisdiction's
election as of the final date of registration prior to the November 1, 2005, 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, 1-10.5-110 or 1-112-215 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. Provide a place for early voting and application for and issuance of absentee ballots
at the office of the Weld County Clerk and Recorder, 1402 North 17th Avenue,
Greeley, CO from September 30 — October 16, 2005, and the Weld County Training
Center, 1104 "H" Street, Greeley, CO; Southwest Weld (Del-Camino), 4209 County
Road 24 '/2, Longmont, CO; New Frontier Building, 2425 35th Avenue, Greeley, CO;
Windsor Community Rec. Center, 250 11th Street, Windsor, CO; and the Fort Lupton
Community Rec. Center, 203 S Harrison, Fort Lupton, CO; from October 17 — 28,
2005. Early voting shall take place during the hours of 8:00 a.m. - 5:00 p.m., Monday
— Friday, starting October 17, 2005, and ending October 28, 2005.
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. All recounts required by the
Code.
h. 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.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the Code
shall apply to the completion of the tasks required by this Agreement.
Page 3 of 5
• 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
posses, 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.
Page 4 of 5
•
f. Notice shall be given by Jurisdiction to the Clerk by phone:
(970) 304-6525, Extension 3178, fax (970) 353-1964,
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: 97C-5'/,`t- to i,;, , fax: 970 - 35q' 67) a/>,
E-mail: or r ii-t r r q rat/Nyc;t/t,xa sd cry
Address: /O,L(<- Vt.-
�k-ce./by eL> dr,%3/ .
DATED this eh- day of Aug iL<,l- , 2005.
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
./i/tas /2-1 "7 tiln-,-
Steve Moreno, Clerk & Recorder illiam H. Jerkissione5EP 1 2 2005
iti E 411/444
APPROVED AS TO FOR •
O a of County Commissioners
1 1861 V. i
ty ttorney ` r-,:*.'y Clerk to the Board
APPROVED AS TO FORM: WELD COUNTY SCHOOL DISTRICT 6
JWAlk-k-1 itt)a-V(
Mark E. Wallace, President,
Board of Education
d
4 ATTEST: l - ,n ,gem--,---
Designated 4a�
t me r Jurisd on (Signature) Designated Election Official
Page 5 of 5
0700.5-a70?
Memorandum of Intergovernmental Agreement 2005 Master
For Conduct of Coordinated Elections
Wei 4 600, S€ ni D,l ckR
Ce 3.5 hereinafter referred to as "Jurisdiction," does
hereby agree an 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 1, 2005, 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 vote center on November 1, 2005, 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 Jj.yis action encompasses territory within Weld County and
y/ .K 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 1, 2005, 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.
Page 1 of 5
s-a70)
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.
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
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-
4-125(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 29, 2005, 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$.75 per registered elector eligibly to vote in the Jurisdiction's
election as of the final date of registration prior to the November 1, 2005, 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, 1-
10.5-110 or 1-112-215 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. Provide a place for early voting and application for and issuance of absentee ballots
at the office of the Weld County Clerk and Recorder, 1402 North 17th Avenue,
Greeley, CO from September 30 — October 16, 2005, and the Weld County Training
Center, 1104 "H" Street, Greeley, CO; Southwest Weld (Del-Camino), 4209 County
Road 24 %, Longmont, CO; New Frontier Building, 2425 35th Avenue, Greeley, CO;
Windsor Community Rec. Center, 250 11th Street, Windsor, CO; and the Fort Lupton
Community Rec. Center, 203 S Harrison, Fort Lupton, CO; from October 17 — 28,
2005. Early voting shall take place during the hours of 8:00 a.m. - 5:00 p.m., Monday
— Friday, starting October 17, 2005, and ending October 28, 2005.
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. All recounts required by the
Code.
h. 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.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the Code
shall apply to the completion of the tasks required by this Agreement.
Page 3 of 5
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
posses, 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.
Page 4 of 5
f. Notice shall be given by Jurisdiction to the Clerk by phone:
(970) 304-6525, Extension 3178, fax (970) 353-1964,
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: 3 ° 3 S 3 6 2ooS fax: 3oJ —r.?b - Z6 /
E-mail: Mar-sL ^e'an y, Co, ti5 13
Address: .>-cK 2-69 9/ keeresht' cj &Q1 p' -
DATED this 6 day of A':1" , 2005.
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
Steve Moreno, Clerk & Recorder William H. Jerke, CommissioneSEP 1 2 2005
II EL Ad) i
APPROVED AS TO FO •
,1861 '.x, + ( 9 dd of County Commissioners
my Attorney ty Clerk to the Board
(Jurisdiction) 1(4 /1 /y/R' Q - 3 3 t(Designated Election Official) 4r1 b /Ae/rfr`
APP VEDAS TO F • ATTEST: Q
( yfØrisdictionsignature) Designated Election Official (signature)
Page 5 of 5
074,05- 7d y
Memorandum of Intergovernmental Agreement 2005 Master
Fgr.C§xaduct of Coordinated Elections
Weld County School District Re-5J , 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 1, 2005, 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 vote center on November 1, 2005, 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
Larimer 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 1, 2005, 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.
Page 1 of 5
110.5= 77
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.
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
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-
4-125(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.
L"w
f. Accept affidavits of intent to accept write-in candidacy up until close of business on
August 29, 2005, 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$.75 per registered elector eligibly to vote in the Jurisdiction's
election as of the final date of registration prior to the November 1, 2005, 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
shalt also be responsible for costs of recounts pursuant to §§ 1-10.5-101, 1-10.5=
1044 1-10.5-110 or 1-112-21E 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
5 , !: 27
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. Provide a place for early voting and application for and issuance of absentee ballots
at the office of the Weld County Clerk and Recorder, 1402 North 17th Avenue,
Greeley, CO from September 30 — October 16, 2005, and the Weld County Training
Center, 1104 "H" Street, Greeley, CO; Southwest Weld (Del-Camino), 4209 County
Road 24 %, Longmont, CO; New Frontier Building, 2425 35th Avenue, Greeley, CO;
Windsor Community Rec. Center, 250 11th Street, Windsor, CO; and the Fort Lupton
Community Rec. Center, 203 S Harrison, Fort Lupton, CO; from October 17 — 28,
2005. Early voting shall take place during the hours of 8:00 a.m. - 5:00 p.m., Monday
— Friday, starting October 17, 2005, and ending October 28, 2005.
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 Cierk
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.
h. 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.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the Code
shall apply to the completion of the tasks required by this Agreement.
Page 3 of 5
b. Conflict of Agreement with law c
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
posses, 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.
Page 4 of 5
• f. Notice shall be given by Jurisdiction to the Clerk-by phone: —
(970) 304-6525, Extension 3178, fax (970)-353L196$ r;- 1!: 97
E-mail: rsantos(oco.weld.co.us,
Address: PO Box 459, Greeley, CO 80632
The Jurisdiction notice shall be given to the Jurisdiction at:
Phone: (970) 587-6050 , fax: (970) 587-2607 ,
E-mail: mfoster@weldre5j .k12.coaus and cwhite@weldre5j .k12.co.us
Address: 110 S. Centennial Dr. , Ste. A
Milliken, CO 80543
DATED this lam' day of Sp(-K , 2005.
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
Steve Moreno, Clerk & Recorder �illiam H. Jerke, CommissioneSEP 12 2005
41 ter
APPROVED AS TO FORM:
�isoi County o issioners
ao�
y Attorney ♦ <�i �� �'� -Clerk to the Board
(Jurisdiction)
(Designated Election Official) eLe L Y L
APPROVED AS TO FORM: ATTEST:
cThA
Attorney for Jurisdiction (signature) Designated Election Official (signature)
Page5of5
,70c5- se729
• Memorandum of Intergovernmental Agreement 2005 Master
For Conduct of Coordinated Elections
Weld county School District Re-8 , 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 1, 2005, 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 vote center on November 1, 2005, 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
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 1, 2005, 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.
Page 1 of 5
moos-- 7n9
' 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.
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
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-
4-125(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 29, 2005, 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$.75 per registered elector eligibly to vote in the Jurisdiction's
election as of the final date of registration prior to the November 1, 2005, 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, 1-10.5-110 or 1-112-215 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. Provide a place for early voting and application for and issuance of absentee ballots
at the office of the Weld County Clerk and Recorder, 1402 North 17th Avenue,
Greeley, CO from September 30 — October 16, 2005, and the Weld County Training
Center, 1104 "H" Street, Greeley, CO; Southwest Weld (Del-Camino), 4209 County
Road 24 ''/3, Longmont, CO; New Frontier Building, 2425 35th Avenue, Greeley, CO;
Windsor Community Rec. Center, 250 11th Street, Windsor, CO; and the Fort Lupton
Community Rec. Center, 203 S Harrison, Fort Lupton, CO; from October 17 — 28,
2005. Early voting shall take place during the hours of 8:00 a.m. - 5:00 p.m., Monday
— Friday, starting October 17, 2005, and ending October 28, 2005.
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. All recounts required by the
Code.
h. 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.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the Code
shall apply to the completion of the tasks required by this Agreement.
Page 3 of 5
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
posses, 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.
Page 4 of 5
nuu-uD-cUUD rrci ul %co rn rnn nu. r. uy
t Notice shall be given by Jurisdiction to the Clerk by phone:
(970) 304.6525, Extension 3178, fax (970) 353-1964,
E-mail: rsantosraco.weld.eo us,
Address: PO Box 459, Greeley, CO 80632
The Jurisdiction notice shall be given to the Jurisdiction at:
Phone: 303-857-3203 , fax: 303-857-3219
Email: vceretto@ftlupton. and
Tc12.co.us
Address: 92L Hoover Avenue
Fort Lipton- CO 80621
DATED this 8th day of August , 2005.
WELD COUNTY CLERK&RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
Steve Moreno, Clerk& Recorder �� �"^ •, H, Jerke, Commissioner SEP 1 2 2005
A
��� ,
APPROVED AS TO FORM' 4'''''
Gat
' of County Commissioners
-Wait co.
Attorney 4%04 N ` Cuty Clerk to the Board
(Jurisdiction)
Weld Re-8 Schools - Fort Lupton
(Designated Election Official) Vicki L. Ceretto
•
APPROVED AS TO FORM: ATTEST:
11r" try ✓y
Attorney for Jurisdiction(signature) esignated Election Official (sgna,ure)
Page 5 of 5
•
dons- 32797
•
Memorandum of Intergovernmental Agreement 2005 Master
For Conduct of Coordinated Elections
Weld RE-9 School 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 1, 2005, 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 vote center on November 1, 2005, 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
Weld 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 1, 2005, 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.
Page 1 of 5
O',04s-O7709
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.
d. •? - Publish aril poi 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
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-
4-125(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 29, 2005, 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$.75 per registered elector eligibly to vote in the Jurisdiction's
election as of the final date of registration prior to the November 1, 2005, 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, 1-10.5-110 or 1-112-215 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. ' Eitcepf as'dYtierwise 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. Provide a place for early voting and application for and issuance of absentee ballots
at the office of the Weld County Clerk and Recorder, 1402 North 17th Avenue,
Greeley, CO from September 30 — October 16, 2005, and the Weld County Training
Center, 1104 "H" Street, Greeley, CO; Southwest Weld (Del-Camino), 4209 County
Road 24 ''A, Longmont, CO; New Frontier Building, 2425 35th Avenue, Greeley, CO;
Windsor Community Rec. Center, 250 11th Street, Windsor, CO; and the Fort Lupton
Community Rec. Center, 203 S Harrison, Fort Lupton, CO; from October 17 — 28,
2005. Early voting shall take place during the hours of 8:00 a.m. -5:00 p.m., Monday
— Friday, starting October 17, 2005, and ending October 28, 2005.
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. All recounts required by the
Code.
h. 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.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the Code
shall apply to the completion of the tasks required by this Agreement.
Page 3 of 5
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
posses, 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.
Page 4 of 5
f. Notice shall be given by Jurisdiction to the Clerk by phone:
(970) 304-6525, Extension 3178, fax (970) 353-1964,
E-mail: rsantosco.weld.co.us,
Address: PO Box 459, Greeley, CO 80632
The Jurisdiction notice shall'be given id the Jurisdiction at:
Phone: (970) 834-1345 , fax: (970) 834-1347 ,
E-mall: ifowler@weldre9.1O7.roAR0
Address: Weld RE-9 School District
PO Box 68 Ault CO 80610
DATED this 77 day of n„g„s,. , 2005.
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
Steve Moreno, Clerk & Recorder William H. Jerk e,
`RP 1 2 2005
APPROVED AS TO FO •
r 186 �vvr;� c♦; joi.ard of County Commissioners
an �%
C-
0 ty Attorney ,®(i, `•9puty Clerk to the Board
Mike Freeman
President
Weld RE-9 School District
(Jurisdiction)
(Designated Election Official) TY .& i"l ae
APPROVED AS TO FORM: ATTEST:
Attorney for Jurisdiction (signature) D ignated Election Official (Signature)
Page 5 of 5
dog-c 7o9
1
Memorandum of Intergovernmental Agreement 17 p2g,o5 Master
For Conduct of Coordinated Elections '
ACpl' w� , S t lJl� Qt -i u.,\ hereinafter referred to as "Jurisdiction," does
hereby agree and ntract 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 1, 2005, 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 vote center on November 1, 2005, 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 1, 2005, 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.
Page 1 of 5
749
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.
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
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-
4-125(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 29, 2005, 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$.75 per registered elector eligibly to vote in the Jurisdiction's
election as of the final date of registration prior to the November 1, 2005, 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, 1-
10.5-110 or 1-112-215 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. Provide a place for early voting and application for and issuance of absentee ballots
at the office of the Weld County Clerk and Recorder, 1402 North 17"' Avenue,
Greeley, CO from September 30 — October 16, 2005, and the Weld County Training
Center, 1104 "H" Street, Greeley, CO; Southwest Weld (Del-Camino), 4209 County
Road 24 '/2, Longmont, CO; New Frontier Building, 2425 35'" Avenue, Greeley, CO;
Windsor Community Rec. Center, 250 11"' Street, Windsor, CO; and the Fort Lupton
Community Rec. Center, 203 S Harrison, Fort Lupton, CO; from October 17 — 28,
2005. Early voting shall take place during the hours of 8:00 a.m. - 5:00 p.m., Monday
— Friday, starting October 17, 2005, and ending October 28, 2005.
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. All recounts required by the
Code.
h. 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.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the Code
shall apply to the completion of the tasks required by this Agreement.
Page 3 of 5
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
posses, 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.
Page 4 of 5
08/10/2005 10:30 FAX 9706563479 BrlBBsdale Schools Ij004
1. Notice shall be given by Jurisdiction to the Clerk by phone:
(970) 304-6525, Extension 3178, fax(970)353-1964,
E-mail: rsantos@c cio.wnico.us,
Address: PO Box 459, Greeley, CO 80632
The Jurisdiction notice shall be given to the Jurisdiction at:
Phone:@'7U) (os& -3 1/7 , fax:(T't rfs7 1q7 ,
E-mail: r/twnAt-,c . pr%/rsadogand
I
Address: 573—
(fir yyr1a4 Co Po6 7/
DATED this I G day of t-t'L4 GL1 Sr , 2005.
WELD COUNTY CLERK& RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
Steve Moreno, Clerk& Recorder Diem H. Jerke,�C�o�m�missiontrEP 1 2 2005
APPROVED AS TO FO
16 ( Z rd of County Commissioners
®(
unty Attorney uty Clerk to the Board
��r►I
(Jurisdiction)
(Designated Election Official) a lY11
APPROVED AS TO FORM: ATTEST:
Attorney for Jurisdiction (Signature) Designated Election Official (signature)
Page 5 of 5
a'5-;27052
Memorandum of Intergovernmental Agreement 2005 Master
For Conduct of Coordinated Elections
rr
r r� orl Sc boo , s�v;d l L , hereinafter referred to as "Jurisdiction," does
herebygree 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 1, 2005, 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 vote center on November 1, 2005, 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 Jyrisdiction encompasses territory within Weld County and
Ad ^i,5 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 1, 2005, 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.
Page 1 of 5
&CC5- a7ey
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.
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
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-
4-125(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 29, 2005, 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$.75 per registered elector eligibly to vote in the Jurisdiction's
election as of the final date of registration prior to the November 1, 2005, 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, 1-10.5-110 or 1-112-215 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. Provide a place for early voting and application for and issuance of absentee ballots
at the office of the Weld County Clerk and Recorder, 1402 North 17th Avenue,
Greeley, CO from September 30 — October 16, 2005, and the Weld County Training
Center, 1104 "H" Street, Greeley, CO; Southwest Weld (Del-Camino), 4209 County
Road 24 %2, Longmont, CO; New Frontier Building, 2425 35th Avenue, Greeley, CO;
Windsor Community Rec. Center, 250 11th Street, Windsor, CO; and the Fort Lupton
Community Rec. Center, 203 S Harrison, Fort Lupton, CO; from October 17 — 28,
2005. Early voting shall take place during the hours of 8:00 a.m. - 5:00 p.m., Monday
— Friday, starting October 17, 2005, and ending October 28, 2005.
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. All recounts required by the
Code.
h. 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.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the Code
shall apply to the completion of the tasks required by this Agreement.
Page 3 of 5
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
posses, 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.
Page 4 of 5
f. Notice shall be given by Jurisdiction to the Clerk by phone:
(970) 304-6525, Extension 3178, fax (970) 353-1964,
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: .&)-3 (o5S 01615 Z , fax:303 c,S5 Q2'
E-mail: and
Address: 4-n 5, 845 Avenue �ir• ilfo �ten Z060/
DATED this `"1ol, day of Nash' , 2005.
j
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
71-2- �v/ .
Steve Moreno, Clerk & Recorder ;r` H.verke, CommissionerSEP 1 2 2005
•ii E at figiudir
APPROVED AS TO FO
1861 ii c %�fa'sha
Tat of County Commissioners
%®� _ �i
ounty Attorney %� ruty Clerk to the Board
C'`r`T'1 (Jurisdiction)
(Designated Election Official) —Q.Albact. ' fp,(',P-E )
APPROVED AS TO FORM: ATTEST:
:1/4J ); K--- \n.0l+
Attorney for Jurisdiction (Signature) ` 'Designated E ction Official (Signature)
Page 5 of 5
02005--a7"?
Memorandum of Intergovernmental Agreement 2005 Master
For Conduct of Coordinated Elections
Platte Valley School District, Weld Re-7 , 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 1, 2005, 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 vote center on November 1, 2005, 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/A 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 1, 2005, 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.
Page 1 of 5
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.
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
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-
4-125(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 29, 2005, 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$.75 per registered elector eligibly to vote in the Jurisdiction's
election as of the final date of registration prior to the November 1, 2005, 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, 1-
10.5-110 or 1-112-215 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. Provide a place for early voting and application for and issuance of absentee ballots
at the office of the Weld County Clerk and Recorder, 1402 North 17th Avenue,
Greeley, CO from September 30 — October 16, 2005, and the Weld County Training
Center, 1104 "H" Street, Greeley, CO; Southwest Weld (Del-Camino), 4209 County
Road 24 1/2, Longmont, CO; New Frontier Building, 2425 35th Avenue, Greeley, CO;
Windsor Community Rec. Center, 250 11th Street, Windsor, CO; and the Fort Lupton
Community Rec. Center, 203 S Harrison, Fort Lupton, CO; from October 17 — 28,
2005. Early voting shall take place during the hours of 8:00 a.m. - 5:00 p.m., Monday
— Friday, starting October 17, 2005, and ending October 28, 2005.
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. All recounts required by the
Code.
h. 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.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the Code
shall apply to the completion of the tasks required by this Agreement.
Page 3of5
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
posses, 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.
Page 4 of 5
f. Notice shall be given by Jurisdiction to the Clerk by phone:
(970) 304-6525, Extension 3178, fax (970) 353-1964,
E-mail: rsantos at7co.weld.co.us,
Address: PO Box 459, Greeley, CO 80632
The Jurisdiction notice shall be given to the Jurisdiction at:
Phone: 970-336-8500 ,fax: 970-336-8511
E-mail: gmcclain@pvs.k12.co.us and
Address: 501 Clark Street / P.O. Box 485 Kersey CO 80644-0485
DATED this 15th day of August , 2005.
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
Steve Moreno, Clerk & Recorder William H. Jerke, Commissi
vi�"��. mar
1 2 2005
SlE
APPROVED AS TO FORM:
!,ybi The of County Commissioners
C my Attorney ' / ty Clerk to the Board
(Jurisdiction) ate- `1411 / Well Re-7
(Designated Election Official) (72 •
E, (a fie„„ /y/c. Cabin. Tv
APPROVED AS TO FORM: ATTEST:
Attorney for Jurisdiction (signature) Designated Election Official (signature)
Page 5of5
000 5 7a j'
Memorandum of Intergovernmental Agreement 2005 Master
For Conduct of Coordinated Elections
St. Vrain Valley School District RE-lj , 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 1, 2005, 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 vote center on November 1, 2005, 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
Boulder, Larimer & 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 1, 2005, 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.
Page 1 of 5
07165 - 979
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.
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
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-
4-125(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 29, 2005, 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 $.75 per registered elector eligibly to vote in the Jurisdiction's
election as of the final date of registration prior to the November 1, 2005, 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, 1-10.5-110 or 1-112-215 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. Provide a place for early voting and application for and issuance of absentee ballots
at the office of the Weld County Clerk and Recorder, 1402 North 17th Avenue,
Greeley, CO from September 30 — October 16, 2005, and the Weld County Training
Center, 1104 "H" Street, Greeley, CO; Southwest Weld (Del-Camino), 4209 County
Road 24 %2, Longmont, CO; New Frontier Building, 2425 35th Avenue, Greeley, CO;
Windsor Community Rec. Center, 250 11th Street, Windsor, CO; and the Fort Lupton
Community Rec. Center, 203 S Harrison, Fort Lupton, CO; from October 17 — 28,
2005. Early voting shall take place during the hours of 8:00 a.m. - 5:00 p.m., Monday
— Friday, starting October 17, 2005, and ending October 28, 2005.
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 retums 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.
h. 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.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the Code
shall apply to the completion of the tasks required by this Agreement.
Page 3 of 5
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
posses, 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.
Page 4 of 5
f. Notice shall be given by Jurisdiction to the Clerk by phone:
(970) 304-6525, Extension 3178, fax (970) 353-1964,
E-mail: rsantos()aco.weld.co.us,
Address: PO Box 459, Greeley, CO 80632
The Jurisdiction notice shall be given to the Jurisdiction at:
Phone: (303) 682-6203, fax: (303) 682-7343,
E-mail: pillmore mark(a.stvrain.k12.co.us and
Address: 395 South Pratt Parkway, Longmont, CO 80501
DATED this (ark day of Sep+e , 2005.
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
Steve Moreno, Clerk & Recorder A illiam H. Jerke, Commissioner
;s /, / SEP 12 2005
APPROVED AS TO FOR : ��
r isei ( '? f'tith d of County Commissioners
ounty Attorney uty Clerk to the Board
ST. VRAIN VALLEY
YSSC1HOOL DISTRICT
(Designated Election Official) eld /L tel-C
Mark E. Pillmore, CFO
APPRO S TO FORM: ATTEST:Attorney for Jurisdict'o (Signature) s /, thani,t-7*ignated Election Official (Signature)
Page 5 of 5
9oos- a 709
Memorandum of Intergovernmental Agreement 2005 Master
For Conduct of Coordinated Elections
• 7: 56
��
1 Yl0 m p S 0 Y1 a-" , 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 1, 2005, 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 vote center on November 1, 2005, 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 Jurisdictionencompasses territory within Weld County and
4-QY t mt+r aouldeCounty. This Agreement shall be construed to apply only to
that portion of t r he Jurisdiction within Weld County.
2. Term of Agreement: This Agreement is intended only to deal with the conduct of the
November 1, 2005, 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.
Page 1 of 5
ax5-a7709
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.
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
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-
4-125(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 23, 2005, 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$.75 per registered elector eligibly to vote in the Jurisdiction's
election as of the final date of registration prior to the November 1, 2005, 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, 1-
10.5-110 or 1-112-215 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. Provide a place for early voting and application for and issuance of absentee ballots
at the office of the Weld County Clerk and Recorder, 1402 North 17th Avenue,
Greeley, CO from September 30—October 16, 2005, and the Weld County Training
Center, 1104 "H" Street, Greeley, CO; Southwest Weld (Del-Camino), 4209 County
Road 24 %:, Longmont, CO; New Frontier Building, 2425 35th Avenue, Greeley, CO;
Windsor Community Rec. Center, 250 11m Street, Windsor, CO; and the Fort Lupton
Community Rec. Center, 203 S Harrison, Fort Lupton, CO; from October 17 — 28,
2005. Early voting shall take place during the hours of 8:00 a.m.-5:00 p.m., Monday
—Friday, starting October 17, 2005, and ending October 28, 2005.
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 retums for that
jurisdiction. If the Jurisdiction desires to appoint one of its members and an eligible
elector to assist, ft 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.
h. 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.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the Code
shall apply to the completion of the tasks required by this Agreement.
Page 3 of 5
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
posses, 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.
Page 4 of 5
f. Notice shall be given by Jurisdiction to the Clerk by phone:
(970)304-6525, Extension 3178, fax(970) 353-1964,
E-mail: rsantoslaa co.weld.co.us,
Address: PO Box 459, Greeley, CO 80632
The Jurisdiction notice shall be given to the Jurisdiction at:
Phone: g1O-co(3 "50(3 , fax:970- 113 -5oRX
E-mail: and La.V Isonj@}hon- on . . Co. US
Address: 51OO s . —r c+ IotJ-c
kaki-do-4%S Co So63 7
DATED this 19 ' day of Q.,n(ctQr , 2005.
WELD COUNTY CLERK& RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
Steve Moreno, C erk& Recorder Jerke, Commissioner SEP 1 2 2005
APPROVED AS TO �A
unty Commissioners
County Attorney '��jly r Jerk to the Board
(Jurisdiction C
(Title) N513N A- 4 Eit clion occzacc.
APPROVED AS TO FORM: ATTEST:
City Attorney City Clerk
Page 5 of 5
O7OO5-a 7Di
Memorandum of Intergovernmental Agreement 2005 Master
For Conduct of Coordinated Elections
i 'I. .»
/
tl iii O6),/ 1S Erfnt,� C/ISI7y',C7- /E-51)f 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 1, 2005, 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 vote center on November 1, 2005, 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
&kiwis ' Iflo&GM, Count sThis 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 1, 2005, 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.
Page 1 of 5
aoos O'762
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.
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
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-
4-125(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 29, 2005, 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$.75 per registered elector eligibly to vote in the Jurisdiction's
election as of the final date of registration prior to the November 1, 2005, 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 riot 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, 1-10.5-110 or 1-112-215 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 § 1-7-900(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 far 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. Provide a place for early voting and application for and issuance of absentee ballots
at the office of the Weld County Clerk and Recorder, 1402 North 17th Avenue,
Greeley, CO from September 30 — October 16, 2005, and the Weld County Training
Center, 1104 "H" Street, Greeley, CO; Southwest Weld (Del-Camino), 4209 County
Road 24 1/2, Longmont, CO; New Frontier Building, 2425 35th Avenue, Greeley, CO;
Windsor Community Rec. Center, 250 11th Street, Windsor, CO; and the Fort Lupton
Community Rec. Center, 203 S Harrison, Fort Lupton, CO; from October 17 — 28,
2005. Early voting shall take place during the hours of 8:00 a.m. —5:00 p.m., Monday
— Friday, starting October 17, 2005, and ending October 28, 2005.
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. All recounts required by the
Code.
h. 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.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the Code
shall apply to the completion of the tasks required by this Agreement.
Page 3 of 5
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
posses, 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.
Page 4 of 5
f. Notice shall be given by Jurisdiction to the Clerk by phone:
(970) 304-6525, Extension 3178, fax (970) 353-1964,
E-mail: rsantos(Wco.weld.co.us,
Address: PO Box 459, Greeley, CO 80632
The Jurisdiction notice shall be given to the Jurisdiction at:
Phone: 990 `'T5 926a. -.?0, ,,fax: 990 y8'3 6doC ,
E-mail:yc1u- colA)��yy,us51.((a rot-
us
Address: 3,9.O Qrh41/11rtt St.) i.t)iae,r1S, (0c0 otoy1
DATED this / day of O U(Q U SY , 2005.
WELD COUNTY CLERK & RECO DER BOARD OF COUNTY COMMISSIONERS
O E COUNTY OF WELD COUNTY
Steve Moreno, Clerk & RecorcMr William H. Jer • Commissioner
APPROVED AS TO FORM: ATTEST:
lerk to the T-rd of Cou ty Commissioners
County Attorney uty Clerk to the Board
11-:10/.2 >- ✓iSi KT 8- or
(Jurisdiction
(Title)
APPROVED AS TO FORM: ATTEST:
City Attorney City Clerk
Page 5 of 5
f. Notice shall be given by Jurisdiction :3 the Clerk by phone:
(970) 304-6525, Extension 3178, tax (970) 353-1964,
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: 7201/F3 99k) JO( , fax: 990 %?3 Ear
E-mail: an1uep /iheni s 50„F'/2,,fo,�nd
v
Address: 3j0 Q//,4P,nin Si./ //'/e,cigs, OO 09i,se/
DATED this /St day of 4./G-//s /-- , 2005.
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
Steve Moreno, Clerk & Recorder William H. Jerke, Commissipge,{ 1 4 2005
J[Y
APPROVED AS TO FORM:
'•' rd of County Commissioners it?r .86.
ount ttorne �� �'
Y ®�llf-.'�r Clerk to the Board
msCcHlt. �J/ 4 (7 / c St')
(Jurisdiction)
r
(Designated Election Official ' ^ -r<2(;/ze t 7/._et 9rte t )
APPROVED AS TO FORM: ATTEST:
Attorney for Jurisdiction (Signature) Designate I ction Official (signature)
Page 5 of 5
Memorandum of Intergovernmental Agreement 2005 Master
For Conduct of Coordinated Elections
AU 1 f" r'P 1Pro-Frr-i-lon +5 icy , 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 1, 2005, 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 vote center on November 1, 2005, 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
h edit e 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 1, 2005, 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.
Page 1 of 5
&7M-5"- &7e9
c. Establish order of names and questions pursuant to § 1-5406 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.
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
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-
4-125(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 29, 2005, and provide a list of valid affidavits received and forward them to
the County Clerk pursuant to§ 14-1102(2), C.R.S.
g. Pay the sum of$.75 per registered elector eligibly to vote in the Jurisdiction's
election as of the final date of registration prior to the November 1, 2005, 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, 1-
10.5-110 or 1-112-215 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. Provide a place for early voting and application for and issuance of absentee ballots
at the office of the Weld County Clerk and Recorder, 1402 North 17th Avenue,
Greeley, CO from September 30—October 16, 2005, and the Weld County Training
Center, 1104"H" Street, Greeley, CO; Southwest Weld (Del-Camino), 4209 County
Road 24 %, Longmont, CO; New Frontier Building, 2425 35th Avenue, Greeley, CO;
Windsor Community Rec. Center, 250 11th Street, Windsor, CO; and the Fort Lupton
Community Rec. Center, 203 S Harrison, Fort Lupton, CO;from October 17—28,
2005. Early voting shall take place during the hours of 8:00 a.m. -5:00 p.m., Monday
— Friday, starting October 17, 2005, and ending October 28, 2005.
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. All recounts required by the
Code.
h. 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.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the Code
shall apply to the completion of the tasks required by this Agreement.
Page 3 of 5
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
posses, 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.
Page 4 of 5
f. Notice shall be given by Jurisdiction to the Clerk by phone:
(970) 304-6525, Extension 3178, fax(970) 353-1964,
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: 470 '831-1 -21,n7 , fax: 970 S3'/-?33j. ,
E-mail:eh,repo;Arc"Plrledirerwryy wand
Address: At CRarry AhnfcielJ
19(1)- WC- WO 1 EaL-loi P1) g'06 3 i
DATED this /021.%" day of SPpfem6n r , 2005.
WELD COUNTY CLERK& RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
Steve Moreno, Clerk& Recorder William H. Jerke, Commissi• • p.��
�_
za 005
APPROVED AS TO FOR • ATTEST: gal
�,����'�"�
Clerk to the Board of Count 7 a o
dtC
ounty Attorney Deputy Clerk to the B•
(Jurisdiction) Au l4 r,re frtyfel'iZOn s t+
(Designated Election Official) if )(l A llrel
APPROVED AS TO FORM: ATTEST:
�Ro(IL a,1)-
Attorney for Jurisdiction (Signature) Designated Election Official (Signature)
Page 5 of 5
ae1 x709
' Memorandum of Intergovernmental Agreement 2005 Master
For Conduct of Coordinated Elections
fi< , 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 1, 2005, 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 vote center on November 1, 2005, 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. TV Jurisdiction encompasses territory within Weld County and
At, C. :lc j- 'Sac, 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 1, 2005, 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.
Page 1 of 5
loos- '209
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.
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
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-
4-125(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 23, 2005, 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$.75 per registered elector eligibly to vote in the Jurisdiction's
election as of the final date of registration prior to the November 1, 2005, 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, 1-
10.5-110 or 1-112-215 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. Provide a place for early voting and application for and issuance of absentee ballots
at the office of the Weld County Clerk and Recorder, 1402 North 17th Avenue,
Greeley, CO from September 30 — October 16, 2005, and the Weld County Training
Center, 1104 "H" Street, Greeley, CO; Southwest Weld (Del-Camino), 4209 County
Road 24 'h, Longmont, CO; New Frontier Building, 2425 35th Avenue, Greeley, CO;
Windsor Community Rec. Center, 250 11th Street, Windsor, CO; and the Fort Lupton
Community Rec. Center, 203 S Harrison, Fort Lupton, CO; from October 17 — 28,
2005. Early voting shall take place during the hours of 8:00 a.m. - 5:00 p.m., Monday
— Friday, starting October 17, 2005, and ending October 28, 2005.
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. All recounts required by the
Code.
h. 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.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the Code
shall apply to the completion of the tasks required by this Agreement.
Page 3 of 5
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
posses, 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.
Page 4 of 5
f. Notice shall be given by Jurisdiction to the Clerk by phone:
(970) 304-6525, Extension 3178, fax (970) 353-1964,
E-mail: rsantosco.weld.co.us,
Address: PO Box 459, Greeley, CO 80632
The Jurisdiction notice shall be given to the Jurisdiction at:
Phone:lig/03.W- `/Sy° , fax(17O)3,7U 1/5-116--
E-mail: jl,ert:./c'e r4,l,,r" and
Address: 3001 ,/7r ' Sf
ecrr/t, CO FO C, .
DATED this fig day of ,K yw. 7 , 2005.
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
1 "1-f7
i /k--.-it
teve Moreno, Clerk & Recorder William H. Jerke, Commiss..•• -
♦"""�= 2005
• l r
APPROVED AS TO F ATTEST:
/ Clerk to the Board of Co WIa: '_•;pn_ ,
Co ty Attorney Deputy Clerk to th d� S
(Jurisdiction) 9
6 . v/c.-rc .w
(Title) gsrl4/77L
APPROVED AS TO FORM: ATTEST:
City Attorney City Clerk
Page 5 of 5
0PDD5- -j27D9
Memorandum of Intergovernmental Agreement 2005 Master
For Conduct of Coordinated Elections
S
Dacono Sanitation 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 1, 2005, 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 vote center on November 1, 2005, 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 1, 2005, 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.
Page 1 of 5
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.
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
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-
4-125(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 29, 2005, 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$.75 per registered elector eligibly to vote in the Jurisdiction's
election as of the final date of registration prior to the November 1, 2005, 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, 1-10.5-110 or 1-112-215 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. Provide a place for early voting and application for and issuance of absentee ballots
at the office of the Weld County Clerk and Recorder, 1402 North 17th Avenue,
Greeley, CO from September 30 — October 16, 2005, and the Weld County Training
Center, 1104 "H" Street, Greeley, CO; Southwest Weld (Del-Camino), 4209 County
Road 24 ''A, Longmont, CO; New Frontier Building, 2425 35th Avenue, Greeley, CO;
Windsor Community Rec. Center, 250 11th Street, Windsor, CO; and the Fort Lupton
Community Rec. Center, 203 S Harrison, Fort Lupton, CO; from October 17 — 28,
2005. Early voting shall take place during the hours of 8:00 a.m. - 5:00 p.m., Monday
— Friday, starting October 17, 2005, and ending October 28, 2005.
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. All recounts required by the
Code.
h. 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.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the Code
shall apply to the completion of the tasks required by this Agreement.
Page 3 of 5
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
posses, 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.
Page 4 of 5
f. Notice shall be given by Jurisdiction to the Clerk by phone:
(970) 304-6525, Extension 3178, fax (970) 353-1964,
E-mail: rsantosaco.weld.co.us,
Address: PO Box 459, Greeley, CO 80632
The Jurisdiction notice shall be given to the Jurisdiction at:
Phone: (303) 833-2206 , fax: (303) 833-4701
E-mail: daconosandist@aol.can and
Address: 217 4th Street (P O Box 204)
Dacono. CD 80514
DATED this I a?' day of S,cri-e,4yt r , 2005.
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
Steve Moreno, Clerk & Recorder William H. Jerke, Coommissi. 2 2005
APPROVED AS TO FOR • ATTEST - /��//v Al ]_ild
��
Clerk to the Board of Co y'�' !�n 'i6�''• ��
,146 '" t
o my Attorney Deputy Clerk to turf '
(Jurisdiction)
Dacono Sanitation District
(Designated Election Official) Nancy Elliott
APPROVED AS TO FORM: ATTEST:
� 3 . u ad_
Attorney for Jurisdiction (Signature) Desi Hated lection Official (signature)
Page 5 of 5
aces- 0?v7 9
Memorandum of Intergovernmental Agreement 2005 Master
For Conduct of Coordinated Elections
Frederick F,res+one Fire Iro}eatenD s}r;c± , 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 1, 2005, 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 vote center on November 1, 2005, 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 1, 2005, 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.
Page 1 of 5
aaas-..Q709`
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.
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
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-
4-125(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 29, 2005, 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$.75 per registered elector eligibly to vote in the Jurisdiction's
election as of the final date of registration prior to the November 1, 2005, 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, 1-10.5-110 or 1-112-215 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. Provide a place for early voting and application for and issuance of absentee ballots
at the office of the Weld County Clerk and Recorder, 1402 North 17th Avenue,
Greeley, CO from September 30 — October 16, 2005, and the Weld County Training
Center, 1104 "H" Street, Greeley, CO; Southwest Weld (Del-Camino), 4209 County
Road 24 ''/2, Longmont, CO; New Frontier Building, 2425 35th Avenue, Greeley, CO;
Windsor Community Rec. Center, 250 11`h Street, Windsor, CO; and the Fort Lupton
Community Rec. Center, 203 S Harrison, Fort Lupton, CO; from October 17 — 28,
2005. Early voting shall take place during the hours of 8:00 a.m. -5:00 p.m., Monday
— Friday, starting October 17, 2005, and ending October 28, 2005.
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. All recounts required by the
Code.
h. 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.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the Code
shall apply to the completion of the tasks required by this Agreement.
Page 3 of 5
• 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 S 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
posses, 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.
Page 4 of 5
f. Notice shall be given by Jurisdiction to the Clerk by phone:
(970) 304-6525, Extension 3178, fax (970) 353-1964,
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: 303- 833- d-`149, , fax: 3°3- 633-3`13LL ,
E-mail: col;oda@?c-cd. us and
Address: P.O.Bcx 1acl 31 Walnut FreAencktCulora,d3, 8053o- o)2'1
DATED this $+h day of August , 2005.
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
Steve Moreno, Clerk & Recorder William H. Jerke, Commis • i2 2005
♦ i,
APPROVED AS TO FO ATTEST: gja
e aaR{ate=�{
Clerk to the Board of Co bp
unty Attorney Deputy Clerk to the
(Jurisdiction)
FreAisr;al<- F.re.sic neEre. Ft-Fed-ion b ,,—,'-
(Designated Election Official) & inirtarL)
APPROVED AS TO FORM: ATTEST:
Attorney for Jurisdiction (nature) Designated El tion Official (Signature)
Page 5 of 5
07005-aiw
Memorandum of Intergovernmental Agreement 2005 Master
• I fprgrduct of Coordinated Elections
f—' ata4n, K k9 PrNateettL, D , 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 1, 2005, 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 vote center on November 1, 2005, 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 A- 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 1, 2005, 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.
Page 1 of 5
crass--:7 709
c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's
portion of the.ballot,4nd submit to the County Clerk in final form. The ballot content,
including a list of cardidatea,rbillciltle, 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
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-
4-125(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 29, 2005, 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$.75 per registered elector eligibly to vote in the Jurisdiction's
election as of the final date of registration prior to the November 1, 2005, 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, 1-
10.5-110 or 1-112-215 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.: 2:
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. Provide a place for early voting and application for and issuance of absentee ballots
at the office of the Weld County Clerk and Recorder, 1402 North 17th Avenue,
Greeley, CO from September 30 — October 16, 2005, and the Weld County Training
Center, 1104 "H" Street, Greeley, CO; Southwest Weld (Del-Camino), 4209 County
Road 24 Y2, Longmont, CO; New Frontier Building, 2425 35th Avenue, Greeley, CO;
Windsor Community Rec. Center, 250 11th Street, Windsor, CO; and the Fort Lupton
Community Rec. Center, 203 S Harrison, Fort Lupton, CO; from October 17 — 28,
2005. Early voting shall take place during the hours of 8:00 a.m. -5:00 p.m., Monday
— Friday, starting October 17, 2005, and ending October 28, 2005.
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. All recounts required by the
Code.
h. 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.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the Code
shall apply to the completion of the tasks required by this Agreement.
Page 3 of 5
b. Conflict of Agreement with law
This Agreement shall be interpreted to be consistent with9fhe bode, 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
posses, 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.
Page 4 of 5
f. Notice shall be given by Jurisdiction to the Clerk by phone:
(970) 304-6525, Extension 3178, fax (970) 353-1964, 1
E-mail: rsantosco.weld.co.us,
Address: PO Box 459, Greeley, CO 80632
The Jurisdiction notice shall be given to the Jurisdiction at:
Phone: 0t1D- 353_ 14O/ , fax: 35-3— 16,da ,
E-mail: and
Address: 3 n%, N 53 ' it3 ci-e6 i I
DATED this / t day of Ot-Cx,er , 2005.
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
Steve Moreno, Clerk & Recorder William H. Jerke, Commission- , 4 2005
gal E La
APPROVED AS TO F • ATTEST: d�1�i�1
Clerk to the Board of Co iy� 1';"M'.•'�•I861 (.l 'SSO cv
C y Attorney Deputy Clerk to the
(Jurisdiction) G-Abc ov FiRe ?koTec7zdu
(fin DYS"TRtcr
(Designated Election Official) Y Y ex>c. �, 4
APPROVED AS TO FORM: ATTEST: (2 p
ro
Attorney for Jurisdiction (signature) Designated Election Official (signature)
Page 5 of 5
• Memorandum of Intergovernmental Agreement 2005 Master
For Conduct of Coordinated Elections
IS
6badA4 A4 Pme,S &e >tl%c"f, hereinafter referred to as "Jurisdiction," does
hereby agree and contr' ct 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 1, 2005, 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 vote center on November 1, 2005, 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
,rt-., d-1C"yA County. This Agreement shall be construed to apply only to
that portion bf the Jursdiction within Weld County.
2. Term of Agreement: This Agreement is intended only to deal with the conduct of the
November 1, 2005, 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.
Page 1 of 5
o70G� 7D9
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.
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
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-
4-125(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 23, 2005, 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$.75 per registered elector eligibly to vote in the Jurisdiction's
election as of the final date of registration prior to the November 1, 2005, 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, 1-
10.5-110 or 1-112-215 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. Provide a place for early voting and application for and issuance of absentee ballots
at the office of the Weld County Clerk and Recorder, 1402 North 17`h Avenue,
Greeley, CO from September 30 — October 16, 2005, and the Weld County Training
Center, 1104 "H" Street, Greeley, CO; Southwest Weld (Del-Camino), 4209 County
Road 24 %2, Longmont, CO; New Frontier Building, 2425 35th Avenue, Greeley, CO;
Windsor Community Rec. Center, 250 11th Street, Windsor, CO; and the Fort Lupton
Community Rec. Center, 203 S Harrison, Fort Lupton, CO; from October 17 — 28,
2005. Early voting shall take place during the hours of 8:00 a.m. -5:00 p.m., Monday
— Friday, starting October 17, 2005, and ending October 28, 2005.
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. All recounts required by the
Code.
h. 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.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the Code
shall apply to the completion of the tasks required by this Agreement.
Page 3 of 5
• 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
posses, 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.
Page 4 of 5
f. Notice shall be given by Jurisdiction to the Clerk by phone:
(970) 304-6525, Extension 3178, fax (970) 353-1964,
E-mail: rsantose.co.weld.co.us,
Address: PO Box 459, Greeley, CO 80632
The Jurisdiction/ notice shall be given to the Jurisdiction at:
Phone: (-/ 7e)3s'1)-Y- ot 0 , fax: ( 2/ .770^`1Sf6 ,
E-mail:jl cjik[tPcct/cei or1 and
Address: L32.-(2y Si 24 44 S*-
��r/e7 Cv Xa!'Ty .
/fi.
DATED this / day of A,ys/-- , 2005.
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
7971{3'LP„.„-��---- mil:`' VAI.
Steve Moreno, Clerk & Recorder William H. Jerke, Commis
/ / ;M �
2005
a
APPROVED AS TO FO • ATTEST: l..t:% . ter'
Clerk to the Board of Co! hi i�' '.':L. s
/si ci. :� Ai . til
County Attorney Deputy Clerk to th9
(Jurisdiction) L. . 1
(Title) /✓ts; ,i 7
APPROVED AS TO FORM: ATTEST:
City Attorney City Clerk
Page 5 of 5
0711)O5- a7D9
08-19-05 14:46 From-IRELAND STAPLETON 3036232700 T-224 P.02/06 F-251
2406 Mater
M/rfl For Conduct of toorermatad
• a named nsa>a ae•Jtatla wIna Caine 0 u
Mta f 'per Boras " and pla WCluned C tic and 1 TOOT.Mena*
ftaemo so s tea p pathis aaminl/o an dthe Picarombat 1.Moe.aminsed
NUS conga radawa to a teat it SIC OW attoifORn Earl Cane of 102 ic Irrwhdad Esaterelpr
'OW), and Me non one naguileare Pronalaile Olalrwsdsrr, iaund a< 1 R
1505.1. Thia
/aryamarx la nom InwnQaa M or Modili Sig 4uafw tMnNntaN ~
alm
a m a m malty Ow Daum Clark'
WHEREAS.um Jwisoicuon charms so Dado0 am Onion Newels so tR alstt+Ocry tl�tulat0f Gf to
name earaMh MOW mood an fie coin as an _elan Wit as al s*SWsrY eicnordbr moan
elactio s W aocum wia von cantor on Novenae 1.2006,ono
WHEREAS,Ma Jw*I44Of5o �l to random:a eaanuna as wart vim foamy Gem%nano
as a10 aoorainstad swam ono
wHEREM,ow noway clerk is Int"aasa/amslad sjsct'n*Mar Woodall la; 1-T-1143),CAS
and a to perform camel Section sarvtoea n nawaorstWa of peeramnaneme ey Iota pate
the uphu moos moan Mow enrol.and
WHEREAS. such aornmaPaa art aotho(lZ$ of Cavite at% 1-1-,11(2 1.7-116, ?190-101(2).
2231.103,no 29-1 s,as sic..C.H.S.
NOW,THEREFORE.in canlaarlfatl of tn.mutual mown heroin,QP pdflai aglaS eafOlaka:
1. The Jurlsnaon ancom0sspt snow tarsus Woe County ono
Cogne,This Ayreadaa Nrsa Ise Samson to 'pub oily to
At portion d ma Junsalahan*Mn Wald Cow*
2. Tana of Aormor Mnt TM Agreillamt a Inman anti w asst with me cwfl a 0 Ma
NowmDer 1.$05.cxminated Manton.
a. Thu sedition agrees m pattern the Meng to ks and satrNiwc
S. Canon ail sanwuw Apr 0O 0E 1-11-101ihr ilaan22to olmn for Ineadulel, •O10(a4i
a. To ao Si Mails tun*QY law of dellignale Nstgon age concerning ttamneta6Da
of aaiirMatas by Mang taaa ii,dal not AtnAMt to ono pm"
So form,
mama aWaa wales a f1e{q ohs rw>c+mPa nom cif a1Mit Wier"for
ncrtlihadm. arsO�COSS 0 chit tdara: witty at p
adonic
and hear tln6t prates of Ina PO D%OS OM Waa7�et any
sP pravlwons 0110,1, Colorado re a pai ma 9F.11-4401. 2241.10s,
an Coca ai&Aram
tl.,and :Macs adopted
to 14-106,C.R.S.
x d Tee 81 as agaptad eY rshtence rxeeaAtu 9
Pawl lea
,. "
C.7s�a769
08-18-05 14:47 From—IRELAND STAPLETON 3036232700 T-224 P.O3/06 F-251• _ n��e Qyslt90tls P��m§1-3403 pep+��1�Y� eAotRurc.toele CMS o niablisnir�ctwCuw s trit of osticiodae,beta pursuao two.must nt o rn tut�$
Cwo no Ear peen A0 ows Soot ins roadon, C,ft 9.ate Irk�°
a pus ions andon peal of tea'seton t° a rogue d
noonforig go iltraenell n poropipn 41.4 of pwxmina Comma es sat ns for era O bold Wasp togoasaad g� e to 0rp d o01
0. Pal-
s-%1 ' c WI eir dry surninonos y ppll n gtrgr t
� �comma IMO tso dorm Wen requited 1-7443O1, C.R. .*rhoOM no trioof soli requitel or
o2 days Ong ss��t o Parlete i�gin Viali noon Ale MAIM
drilts of agent to accept wito-in condlOsay up undi clors of dolma on
tAutplar Oh. 'to County Gott pardoned l1-44t0 ).c.RR.3.
Oar t volt
t 7 ' 01nAoM
�, Illy the OM t w VS PK pats p of n e r i,or rot05, d
ea a m.arn, ,t*e,�ta" caas t
euus ► won O iD IOn. at dso nambarso emotion is gauge/hod.payment of adman of lie MO of Camas"NOM la be plot to sum of ta
Of agri purwof oil-1001 .Crosseourdati 1C top 4.yciesd ^'a orfierlictlon anon ow*San Odors OS Simian 20.mord X nod=aro4wtofile tar ma Iowaflool isf In.POOR of log
oCounty ono rad,p ,can sla n Deorn w la ,me +J"'.�aioo
1Oa es0. 1t gno
r„p,413. tar 215 Ca at re rsardsgefe canpursuant mpapp tram ro tom'
10 posugmcog1.10.5-1a8wnia•M MINceltaclee I aytoanaq
conducting gio
soar* en Vinton drat%we sf1011'S ao Ns I arody Nun door its
roldorsoloi conduct of III•OlOn PrOalliball»t fare*
and do county CAA Yid who sea o handed Clyde aindfaton nersundv, ovil
filos
at Bas 1oarsomust.old letfaun+dra;le reeetsing net ti tin use O es itsPra we is
. L by soprani of ihs famodst Paton CIS naps as spedAweY sitorood by dio Coos.
Is load.
ono tux MOO
Wain
Ate Durant su I 1:1461(2)for*Aso liglstorso dodos CCawfy or ao rnda gems to►podirattostevan
S. cony out di swan noessoars tar raleemactian of an ISOM Inegling nolo
pursuant to e 1.62011.CR 11.,dot pay any costa Waned to Ma County Clerk within
OD Sys cif mass of en rams nom fonti the coots of tro OPPosen stacton
eggpanclo§14.1O6(8).Gat
Pope 2 oil
08-19-05 14:47 From-IRELAND STAPLETON 3036232700 T-224 P.04/06 F-251
pities of COWS gent
4, Agrees to perfcan d,a totwodng taros and e '
ferinmta 1°ms#M
dairies* elecOon arida,to Ina mows in Ms Code eat mauls otgpn try the doellooloti ametni OWN and as
coordinated Medan .
tr. Mow Mo Ow An do X Section Ad. 11Raea Ikkolo mkt" kakis mil 1-7 anCI
90911AC.R.S.urn ono port nom.oog IMO $n#1 rC.RB-
Publication twilw�CNk oil orty pe In 9w C.rwnq Ina nrapapor aro vas
&easy Treats.
nd intent Of apdraw lets
c. Provide t a splacetOl st terry voting ontOW o Windt 1403 17.Minus,
at Ms colas for Wets trnanAr OW* 1 2005,atta Are Weld CactlRr T
Ca � 4209
�11a04 Steel,lifatley. CC; �' ,,Co:
gOn
taws la, a r 1Nw 5011 81 CQ:end ass Port wren
W Connolly
Rem
ntor,208 2SC o Seed. Celt fan Can,17 28,
tad.fort Five Cesar, 7iR S s Owing P Of n°ads-1200 a-m•.Winder
2006. y.w an snob "`,2000,a ndi Coulost 2&3005.
-Friday.wean��17,200br and endtl►0
d- Gas ncaoe to Jrni om on of dm nun*of Mitered Momsorals dltla
as of Om affoafiao OM of emit tar 1• "
tilylm Joao of
Cenvaaears shgtoto for reot6Anl o tae,and bl se •
e. flatighsts i'oontucf w eer st I palmaty 4eaaon a COMM Doan ttrt niadi n• arc 1110 county CMnt. ages 4PloParrt. MP 150
mmegneci Y ah than m Clefs.to elvers MAr►ha1 nr na by taw.
g. Select and appoint a Sava of Crayon to t a n MO WINK pravi0e0 that 4N
Aniedlvian.a1 is option.may doolOnato one of Re mentors end one okylio eMafor
from t t �JrRl ossist The Gary Cludt in di to its wwty
ado roan tart ban
one of RS malrA+tn MW e11 MOM,
Meow m modal it one yea afore ,area chill notify tip Counot
Murk
In along of mule appoin;nrs no; Wow OM 15 MO woo,nand ca to ndy t11y na alasion, The
results in Courtly Clint u e(provided
and op the Ceps.Al woad* re 4Y 1ho
G name(Provides
n. forainah aorre inao ptaa int*and sag pigs and voting content mount of 1-
5.1x12.9. C.R.S. meows to mu apse swot*approve. ay 1M Data* of Cournr
Cannissoners•
5. antral Provisions
0. Ns n d�Tte seamy tuns frames of
shalt Gamy w iaeirrira i by this*groomers. Mb Colo
Papa3O!5
•
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08-19-05 14:47 From-IRELAND STAPLETON 3036232700 T-224 P.05/06 F-251
•
p. tannic of Vend Mb Ilto
Aomi n on O�M�,,�bo�,ii�raarpr to be oonsistant WRh tha CoM.and Pros
kons 9.1
TMtwo ti ato n+IT dliDt conflict Saw SS B11a l ollmo f and ms
Comasc�10 1R*lid'aaWai awll lid Pewit.Ton Es snares*mit lasts
•
I-**' Y4 dsntagge prodsion
to Ills wort that a Cad of a T Von tlw fdidan for Aso
Jurisdiction Wag mod or o onsi a fgAlp i •nouwire of INaaltt MOWS*
ar totals of es Downy Ctirt m Pam g oaopfoonos with ihrs AprearrwN anon
Lipoid* ttiarota glen 1M oany GPM ttnsRis WO aal' 'not p e
perm Stud as Mom.=mean,pulse to Pita ag of tlds
shit do by tIM AMinktlfotb ammo Inn erar0 Oa etad_
p awn to Wye with �aaO
MO is tha solo ono Ose also rawly for Omen waddle to th. Jurl lion
!alga veSS _
d. Ho SWIM of tttk asfool lout sholi Os ttaenlad not 1 fin la fic Agreement,19
cads s ma ti S AQl t+ of scionnatne d to
neonflame a, osier pores, Moir ofiloors. or ernplo s n mfr
pans,swept so agrelsw Pravtasd in WS APnn++vM
Ttta aaratltaaa ttre ogee ageement of the prism goo no amsSiwnl may be
muSe asp in writing gratis,DV IN Tama.
•
Papa 4afi
•
. 1,
08-19-05 14:48 From-IRELAND STAPLETON 3036232700 T-224 P.06/06 F-251• f. sacs snail be pen brilungilegallwm,Gamy/Slant
rrnJ w p yaon 011$,isx(0701231084.
miamoneglargag:CO tan
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Rhos Dj3-L,5t-?, ifoc 3- ^ 3o I
E mut: V ZTOHANn N ago.nd•co:,re,
Ad:sre�
aoaa 2 c .q Hudso.+ . c'0 BObfl
OATEDllama I q ow a- `5"S4 2006,
Wr=t COUNTY C{2RK•mores IMMO OF COUNTY
OF WELD
�'�'� - 'tom ♦"'�,
Moe Mama,Clerk II ROW*
+'aid
, ►Rnreo AsToF Cos Boyd ofCounty
any Mitt lo the O u
PaNallOsa plc kin Osida0 fi
Pear 5of5
o7CC5- 7G2
Memorandum of Intergovernmental Agreement 2005 Master
For Conduct of Coordinated Elections
Thompson Rivers Parks& Recreation 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 1, 2005, 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 vote center on November 1, 2005, 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
Lorimer 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 1, 2005, 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.
Page 1 of 5
c2oos-�a709
•
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.
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
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-
4-125(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 29, 2005, 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$.75 per registered elector eligibly to vote in the Jurisdiction's
election as of the final date of registration prior to the November 1, 2005, 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, 1-10.5-110 or 1-112-215 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. Provide a place for early voting and application for and issuance of absentee ballots
at the office of the Weld County Clerk and Recorder, 1402 North 17th Avenue,
Greeley, CO from September 30 — October 16, 2005, and the Weld County Training
Center, 1104 "H" Street, Greeley, CO; Southwest Weld (Del-Camino), 4209 County
Road 24 '/2, Longmont, CO; New Frontier Building, 2425 35th Avenue, Greeley, CO;
Windsor Community Rec. Center, 250 11th Street, Windsor, CO; and the Fort Lupton
Community Rec. Center, 203 S Harrison, Fort Lupton, CO; from October 17 — 28,
2005. Early voting shall take place during the hours of 8:00 a.m. -5:00 p.m., Monday
— Friday, starting October 17, 2005, and ending October 28, 2005.
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. All recounts required by the
Code.
h. 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.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the Code
shall apply to the completion of the tasks required by this Agreement.
Page 3 of 5
' 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
posses, 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.
Page 4 of 5
• f. Notice shall be given by Jurisdiction to the Clerk by phone:
(970) 304-6525, Extension 3178, fax (970) 353-1964,
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) 776-9900 , fax: (301) ail-tnnt
E-mail: kglover@blglaw.com and
Address: P.O. Box 978, 515 Kimbark, Lonemont. CO 80502-0978
DATED this t;t" day of Re(2v,.(O.et' , 2005.
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
`7- r"
Steve Moreno, Clerk & Recorder William H. Jerke, Commissi.
�'"°•,•, 2 2005
APPROVED AS TO FORM: ATTEST: v'v i✓� •� :1
G A Clerk to the Board of Cou 5 s. •� s: . s e
- County Attorney Deputy Clerk to the ?` �
(Jurisdiction) Thompson Rivers Parks & Recreation District
(Designated Election Official) Kyna K. Glover
APPROVED AS TO FORM: ATTEST:
Attorney for Jurisdiction (signature) Designated Election Official (signature)
Page 5 of 5
aDU.5- o? 7IJp
Memorandum of Intergovernmental Agreement 2005 Master
•
For Conduct of Coordinated Elections
, / T
?ri-Area Ambulance District , hereinafter referred to as"Jurisdiction," doe's, ,
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 1, 2005, 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 vote center on November 1, 2005, 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/A 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 1, 2005, 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.
Page 1 of 5
eO5 -o? 7257
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.
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
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-
4-125(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 23, 2005, 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$.75 per registered elector eligibly to vote in the Jurisdiction's
election as of the final date of registration prior to the November 1, 2005, 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, 1-
10.5-110 or 1-112-215 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. Provide a place for early voting and application for and issuance of absentee ballots
at the office of the Weld County Clerk and Recorder, 1402 North 17th Avenue,
Greeley, CO from September 30 — October 16, 2005, and the Weld County Training
Center, 1104 "H" Street, Greeley, CO; Southwest Weld (Del-Camino), 4209 County
Road 24 '/2, Longmont, CO; New Frontier Building, 2425 35th Avenue, Greeley, CO;
Windsor Community Rec. Center, 250 11th Street, Windsor, CO; and the Fort Lupton
Community Rec. Center, 203 S Harrison, Fort Lupton, CO; from October 17 — 28,
2005. Early voting shall take place during the hours of 8:00 a.m. - 5:00 p.m., Monday
— Friday, starting October 17, 2005, and ending October 28, 2005.
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 retums 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.
h. 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.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the Code
shall apply to the completion of the tasks required by this Agreement.
Page 3 of 5
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
posses, 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.
Page4of5
f. Notice shall be given by Jurisdiction to the Clerk by phone:
(970) 304-6525, Extension 3178, fax (970) 353-1964,
E-mail: rsantosaco.weld.co.us,
Address: PO Box 459, Greeley, CO 80632
The Jurisdiction notice shall be given to the Jurisdiction at:
Phone: (303) 839-3873 , fax: (303) 839-3838 ,
E-mail: djf@grimshawharring.com
Address: Grimshaw & Harring, P.C. , Attn: Dawn Fredette
1700 Lincoln Street, Suite 3800, Denver CO 80203
DATED this 10th day of August , 2005.
WELD COUNTY CLERK& RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
Steve Moreno, Clerk& Recorder William H. Jerke,/Commissie'— 1 2 2005
AgailAPPROVED AS TO FORM: ATTEST: %��% •:,;;
Clerk to the Board of Co 1 its•
ou y Attorney Deputy Clerk to the
(Jurisdiction) ThiA(rea Ambulance District
CaaP
(Title) President
APPROVED AS TO FORM: ATT dai
�'(��C� Ce� Tit JGvfl'_
General Coun sel Ito District S� r ec etary
Page 5 of 5
&DOS- 52 >Dy
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