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Memorandum of Intergovernmental Agreement
For Conduct of General 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 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 coordinated election with the County Clerk
acting as the coordinated 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 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 County. This
Agreement shall be construed to apply only to that portion of the Jurisdiction within Weld
County.
2. Term of Agreement: This Agreement is intended only to deal with the conduct of the
November 2, 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
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2004-2820
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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 55 days before the election, pursuant to § 1-5-203(3), C.R.S.
d. Publish and post notices of election pursuant to § 1-5-205, C.R.S., and include the
information regarding the walk-in location address for application or return of
absentee ballots as set forth in paragraph 4.c of this Agreement.
e. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and 1-4-
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, 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 eligibly 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 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
1-11-215 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.
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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.
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
1402 North 17th Avenue, Greeley, Colorado, at the office of the 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 '/z
(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 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.
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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 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 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 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.
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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:
phone: 303-651-8650, fax: 303-651-8950,
e-mail: valeria.skitt@ci.longmont.co.us and
address: City Clerk's office, 350 Kimbark, Longmont, CO 80501.
DATED this j3 day of , 2004.
WELD COUNTY CLERK&RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
Steve Moreno, Clerk and Recorder William H. Jerke, Pro-Tem 09/13/04
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APPROVED s TO FO' • �,- . .r ST: Mel
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e to the Board of C. rnty Commissioners
Cou Torney Olw�` $uty Clerk to he Board
CITY OF LON , COLORADO
Ju ' hack, Mayo
APPROVED AS TO FORM
ATTEST: \ ik
City Attorney j - City Clerk
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