HomeMy WebLinkAbout20042235.tiff RESOLUTION
RE: APPROVE FORM OF 2004 MASTER VERSION OF MEMORANDUM OF
INTERGOVERNMENTAL AGREEMENT FOR CONDUCT OF GENERAL ELECTIONS
AND AUTHORIZE CHAIR TO SIGN ANY NECESSARY DOCUMENTS
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,the Board has been presented with the form of the 2004 Master Version of the
Memorandum of Intergovernmental Agreement for Conduct of General Elections between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the Weld County Clerk and Recorder, and various entities, with terms and
conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve the form of said
agreement, a copy of which is attached hereto and incorporated herein by reference.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the form of the 2004 Master Version of the Memorandum of
Intergovernmental Agreement for Conduct of General Elections between the County of Weld, State
of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Weld County Clerk and Recorder, and various entities be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign any agreements consistent with the form of said 2004 Master Version.
The above and foregoing Resolution was,on motion duly made and seconded, adopted by
the following vote on the 2nd day of August, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
maa4, WE COUNTY, COLORADO
Robert D. Masden, Chair
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'c William H. e, Pro-Tem
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Date of signature:
2004-2235
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Memorandum of Intergovernmental Agreement 2004 Master
for Conduct of General Elections
,hereinafter referred to as "Jurisdiction," does
hereby agree and contract with the Board of County Commissioners of the County of Weld,hereinafter
referred to as "Commissioners,"and the Weld County Clerk and Recorder,hereinafter referred to as
"County Clerk,"concerning the administration of the November 2,2004,general election conducted
pursuant to the Uniform Election Code of 1992 as amended(hereinafter "Code"), and the rules and
regulations promulgated thereunder,found at 8 C.C.R. 1505-1. This Agreement is not intended to address
or modify statutory provisions regarding voter registration,nor to address or modify the County Clerk's
duties thereunder.
WHEREAS,the Jurisdiction desires to conduct an election pursuant to its statutory authority or to
have certain items placed on the ballot at an election pursuant to its statutory authority,such election to
occur via polling place on November 2, 2004, and
WHEREAS,the Jurisdiction agrees to conduct a general election with the County Clerk acting as
the general election official, and
WHEREAS,the County Clerk is the"general 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 ofthe mutual covenants herein,the parties agree as follows:
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2004-2235
1. The Jurisdiction encompasses territory within Weld County and
County(ies). This Agreement shall be
construed to apply only to that portion of the Jurisdiction within Weld County.
2. Term of Agreement: This Agreement is intended only to deal with the conduct of the
November 2, 2004, 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, § 22-31-107, C.R.S., and those portions of the Colorado
Municipal Election Code of 1965,Article X of Title 31 as adopted by reference
pursuant to § 1-4-805, C.R.S.
c. Establish order of names and questions pursuant to§ 1-5-406 for Jurisdiction's
portion of the ballot and submit to the County Clerk in final form. The ballot
content,including a list of candidates,ballot title,and text,must be certified to the
County Clerk no later than 55 days before the election,pursuant to§ 1-5-203(3),
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C.R.S.
d. Publish and post notices of election pursuant to§ 1-5-205,C.R.S.,and include
the information regarding the walk-in location address for application or return of
absentee ballots as set forth in paragraph 4.c of this Agreement.
e. Accept written comments for and against ballot issues pursuant to§§ 1-7-901 and
1-40-125(2)(e),C.R.S. Comments to be accepted must be filed by the end of
the business day on the Friday before the 45th day before the election.
Preparation of summaries ofwritten comments shall be done by the jurisdiction but
only to the extent required pursuant to § 1-7-903, C.R.S. The full text of any
required ballot issue notices must be transmitted to and received by the County
Clerk no less than 42 days prior to the election. No portion of this paragraph shall
require the County Clerk to prepare summaries regarding the Jurisdiction's ballot
issues.
f. Accept affidavits of intent to accept write-in candidacy up until close of business
on September 3,2004,and provide a list of valid affidavits received and forward
them to the County Clerk pursuant to §§ 1-4-1101 and 1102, 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 2,2004,election,
with a$200 minimum,within 30 days ofbilling,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¶4(g)of this Agreement. If the
Jurisdiction cancels the election before its Section 20,Article X notices are due to
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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 1-11-215 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.
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 actions necessary for cancellation of an election including i c e
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
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designated election official for the conduct of the election for the Jurisdiction for
all matters in the Code which require action by the designated election official and
as coordinated election official.
b. Circulate the Article X,Section 20,Ballot Issues notices pursuant to§ 1-7-905
and 906(1),C.R.S.,and publish and post notice,as directed in§ 1-5-205,C.R.S.
Publication by the County Clerk will only be in the County legal newspaper and
the Greeley Tribune and the designated election official is responsible for any
additional notices pursuant to 113.g herein .
c. Provide a place for early voting and application for and issuance of absentee
ballots at 1402 North 17th Avenue,Greeley,Colorado,at the office ofthe Weld
County Clerk and Recorder from October 4-17, 2004, and 1104 "H" Street,
Greeley,Colorado,at the Weld County Training Center from October 18-29,
2004,also 4209 County Road 24'1(DelCamino),Longmont,Colorado,at the
substation of the Weld County Clerk and Recorder. Early voting shall take place
during the hours of 8:00 a.m.-5:00 p.m.,Monday-Friday,starting October 18,
2004, and ending October 29, 2004.
d. Give notice to Jurisdiction of the number of registered electors within the
Jurisdiction as ofthe 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
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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 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
C.R.S. § 1-5-102.7 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 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
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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 113.h of this
Agreement and shall,if requested by the Jurisdiction,conduct the next coordinated
election which may include any election made necessary by a defect in the election
conducted pursuant to this Agreement with no fee assessed to the Jurisdiction.
This remedy shall be the sole and exclusive remedy for damages available to the
Jurisdiction under this Agreement.
d. No portion of this Agreement shall be deemed to create a cause of action with
respect to anyone not a party to this Agreement,nor is this Agreement intended
to waive any privileges or immunities the parties,their officers,or employees may
possess, except as expressly provided in this Agreement.
e. This constitutes the entire agreement of the parties and no amendment may be
made except in writing approved by the parties.
f. Notice shall be given by Jurisdiction to the Clerk at phone:
(970 )304-6525, Extension 3178, fax number: (970) 353-1964,
E-mail:<rsantos@co.weld.co.us>,
address: P.O. Box 459, Greeley, CO 80632;
and the Jurisdiction notice shall be given to the Jurisdiction at:
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phone: , fax: ,
e-mail: and
address:
•
DATED this day of ,2004
WELD COUNTY CLERK&RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
Steve Moreno, Clerk and Recorder Robert D. Masden, Chair
APPROVED AS TO FORM: ATTEST:
Clerk to the Board of County Commissioners
County Attorney Deputy Clerk to the Board
(Jurisdiction)
(Title)
APPROVED AS TO FORM
ATTEST:
(Title)
Attorney for Jurisdiction
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