HomeMy WebLinkAbout20032669.tiff 22 L1 11: 07
Memorandum of Intergovernmental Agreement 2003 Master
for Conduct of Coordinated Elections
Longs Peak Water 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 4,2003,coordinated
election conducted pursuant to the Uniform Election Code of 1992 as amended(hereinafter"Code"),
and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement
is not intended to address or modify statutory provisions regarding voter registration,nor to address
or modify the County Clerk's duties thereunder.
WHEREAS,the Jurisdiction desires to conduct an election pursuant to its statutory authority
or to have certain items placed on the ballot at an election pursuant to its statutory authority, such
election to occur via polling place on November 4, 2003, 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:
Page 1 of 8
2003-2669
c ccc
1. The Jurisdiction encompasses territory within Weld County and
Boul der County(iu). 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 4, 2003, 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), C.R.S.
Page 2 of 8
d. Publish and post notices of election pursuant to § 1-5-205, C.R.S., and
include the information regarding the walk-in location address for application
or return of absentee ballots as set forth in paragraph 4.c of this Agreement.
e. Accept written comments for and against ballot issues pursuant to§§ 1-7-901
and 1-40-125(2)(e), C.R.S. Comments to be accepted must be filed by the
end of the business day on the Friday before the 45th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to§ 1-7-903,C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 42 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
f. Accept affidavits of intent to accept write-in candidacy up until close of
business on September 2,2003,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. Chose to publish or post within the jurisdiction any notices or ballots in
addition to notices published and posted by the County Clerk pursuant to¶
4.b herein and § 1-5-205 C.R.S.
h. Pay the sum of$.75 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 4, 2003,
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
Page 3 of 8
pursuant to¶4(g)of this Agreement. If the Jurisdiction cancels the election
before its Section 20,Article X notices are due to the County and prior to the
County Clerk incurring any expenses for the printing of the ballots, the
Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall
also be responsible for costs of recounts pursuant to § § 1-10.5-101, 1-10.5-
104 or 1-11-215 C.R.S.,except for costs collected from an"interested party"
pursuant to§ 1-10.5-106 which shall be collected by the entity conducting the
recount.
Designate an"election officer" who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
j. By approval of this Agreement, any municipality is resolving not to use the
provisions of the Municipal Election Code, except as otherwise set forth
herein or as its use is specifically authorized by the Code.
k. Mail notices pursuant to § 1-7-906(2) for active registered electors who do
not reside within the County or counties where the political subdivision is
located.
1. 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:
Page 4 of 8
a. Except as otherwise expressly provided for in this Agreement, to act as the
designated election official for the conduct of the election for the Jurisdiction
for all matters in the Code which require action by the designated election
official and as coordinated election official.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to § 1-7-
905 and 906(1),C.R.S.,and publish and post notice,as directed in§ 1-5-205,
C.R.S. Publication by the County Clerk will only be in the County legal
newspaper and the Greeley Tribune and the designated election official is
responsible for any additional notices pursuant to¶ 3.g herein .
c. Provide a place for early voting and application for and issuance of absentee
ballots at 1402 North 17th Avenue, Greeley, Colorado, at the office of the
Weld County Clerk and Recorder and 4209 County Road 24'h(DelCamino),
Longmont , Colorado, at the substation of the Weld County Clerk and
Recorder. Early voting shall take place during the hours of 8:00 a.m. - 5:00
p.m., Monday- Friday, starting October 20, 2003, and ending October 31,
2003.
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 5 of 8
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.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the
Code shall apply to completion of the tasks required by this Agreement.
b. Conflict of Agreement with law
This Agreement shall be interpreted to consistent with the Code, and
provisions of Title 31 and 22 applicable to the conduct of elections and 8
C.C.R. 1505-1. Should there be an irreconcilable conflict between the
statutes,this agreement and the Colorado Regulations,the statutes shall first
prevail, then this agreement and lastly the Colorado Regulations.
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Page 6 of 8
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages, not as a penalty,refund all payments made,pursuant to
¶3.h of this Agreement and shall,if requested by the Jurisdiction,conduct the
next coordinated election which may include any election made necessary by
a defect in the election conducted pursuant to this Agreement with no fee
assessed to the Jurisdiction. 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:
phone: 303-776-9900 fax: 303-413-10p3
e-mail: jmacyablglaw.com and
address: Joanna L. Macy, legal assistant
Bernard, Lyons, Gaddis IKahn, P.C.
P.O. Bnx 978. Longmont. CO 80502 .
Page 7 of 8
DATED this 12 day of , 2003
WELD COUNTY CLERK &RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
Steve Moreno, Clerk and Recorder es% David E. Long, Chair SE 0 2003
`L
A re
fte,"/
Let
%, ;
APPROVED AS TO FORM: es li � TEST: �) /,�; /
' AL
Clerk to the Board of County Commissioners
- 4/L
o ty Attorney Deputy Clerk to the Boatzt
(Jurisdiction) L0N PEAK WATER Q'STRICT
By: /
(Title) President
APPROVED AS TO FORM
ATTEST:
C24_ (Title) Secretary
Attorney for Jurisdiction
Page 8 of 8
-'
T 4i ,.
04003 Master
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
Left Hand Water Di strict ,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 4,2003,coordinated
election conducted pursuant to the Uniform Election Code of 1992 as amended(hereinafter"Code"),
and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement
is not intended to address or modify statutory provisions regarding voter registration,nor to address
or modify the County Clerk's duties thereunder.
WHEREAS,the Jurisdiction desires to conduct an election pursuant to its statutory authority
or to have certain items placed on the ballot at an election pursuant to its statutory authority, such
election to occur via polling place on November 4, 2003, 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:
Page 1 of 8
}
1. The Jurisdiction encompasses territory within Weld County and
Boulder 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 4, 2003, 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), C.R.S.
Page 2 of 8
d. Publish and post notices of election pursuant to § 1-5-205, C.R.S., and
include the information regarding the walk-in location address for application
or return of absentee ballots as set forth in paragraph 4.c of this Agreement.
e. Accept written comments for and against ballot issues pursuant to§§ 1-7-901
and 1-40-125(2)(e), C.R.S. Comments to be accepted must be filed by the
end of the business day on the Friday before the 45th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to§ 1-7-903,C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 42 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
f. Accept affidavits of intent to accept write-in candidacy up until close of
business on September 2,2003,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. Chose to publish or post within the jurisdiction any notices or ballots in
addition to notices published and posted by the County Clerk pursuant to¶
4.b herein and § 1-5-205 C.R.S.
h. Pay the sum of$.75 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 4, 2003,
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
Page 3 of 8
pursuant to¶4(g)of this Agreement. If the Jurisdiction cancels the election
before its Section 20,Article X notices are due to the County and prior to the
County Clerk incurring any expenses for the printing of the ballots, the
Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall
also be responsible for costs of recounts pursuant to § § 1-10.5-101, 1-10.5-
104 or 1-11-215 C.R.S.,except for costs collected from an"interested party"
pursuant to§ 1-10.5-106 which shall be collected by the entity conducting the
recount.
Designate an"election officer" who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
j. By approval of this Agreement, any municipality is resolving not to use the
provisions of the Municipal Election Code, except as otherwise set forth
herein or as its use is specifically authorized by the Code.
k. Mail notices pursuant to § 1-7-906(2) for active registered electors who do
not reside within the County or counties where the political subdivision is
located.
1. 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:
Page 4 of 8
a. Except as otherwise expressly provided for in this Agreement, to act as the
designated election official for the conduct of the election for the Jurisdiction
for all matters in the Code which require action by the designated election
official and as coordinated election official.
b. Circulate the Article X, Section 20,Ballot Issues notices pursuant to § 1-7-
905 and 906(1),C.R.S.,and publish and post notice,as directed in§ 1-5-205,
C.R.S. Publication by the County Clerk will only be in the County legal
newspaper and the Greeley Tribune and the designated election official is
responsible for any additional notices pursuant to¶ 3.g herein .
c. Provide a place for early voting and application for and issuance of absentee
ballots at 1402 North 17th Avenue, Greeley, Colorado, at the office of the
Weld County Clerk and Recorder and 4209 County Road 24''(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 20, 2003, and ending October 31,
2003.
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 5 of 8
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.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the
Code shall apply to completion of the tasks required by this Agreement.
b. Conflict of Agreement with law
This Agreement shall be interpreted to consistent with the Code, and
provisions of Title 31 and 22 applicable to the conduct of elections and 8
C.C.R. 1505-1. Should there be an irreconcilable conflict between the
statutes,this agreement and the Colorado Regulations,the statutes shall first
prevail, then this agreement and lastly the Colorado Regulations.
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Page 6 of 8
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:
phone: 303-530-4200 , fax:303-530-525
e-mail: -• - i mac} test „At and
address: 6800 Nimbus Road, P.O. Box 210
Niwot, CO 80544
Page 7 of 8
DATED this day of e!.,..27a-,/ 2003
WELD COUNTY CLERK &RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
_Y ¶7102003
Steve Moreno, Clerk and Recorder David E. Long, Chair
ELa
T: 0 l
APPROVED AS TO FORM: 1861th,..10:Z $ �' ",, //, a(
't17,kG��, ^q
.. r `}
+.� rk to the Board of County Commissioners
L
ice'
ounty Attorney Deputy Clerk to the Boa
(Jurisdiction) Left Hand Water District
(Title) /1!�'']
Designated Election Official
APPROVED AS TO FORM
ATTEST:
/ /ii i , 7# (Title)
Gene a Manager
Attomey for Juri fiction
Page 8 of 8
ii: 27
Memorandum of Intergovernmental Agreement 2003 Master
for Conduct of Coordinated Elections
Milliken Fire Protection ni ctri rthereinafter 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 4,2003,coordinated
election conducted pursuant to the Uniform Election Code of 1992 as amended(hereinafter"Code"),
and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement
is not intended to address or modify statutory provisions regarding voter registration,nor to address
or modify the County Clerk's duties thereunder.
WHEREAS,the Jurisdiction desires to conduct an election pursuant to its statutory authority
or to have certain items placed on the ballot at an election pursuant to its statutory authority, such
election to occur via polling place on November 4, 2003, 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:
Page 1 of 8
1. The Jurisdiction encompasses territory within Weld County jc
glopi ,3000. 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 4, 2003, 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), C.R.S.
Page 2 of 8
•
d. Publish and post notices of election pursuant to § 1-5-205, C.R.S., and
include the information regarding the walk-in location address for application
or return of absentee ballots as set forth in paragraph 4.c of this Agreement.
e. Accept written comments for and against ballot issues pursuant to§§ 1-7-901
and 1-40-125(2)(e), C.R.S. Comments to be accepted must be filed by the
end of the business day on the Friday before the 45th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to§ 1-7-903,C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 42 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
f Accept affidavits of intent to accept write-in candidacy up until close of
business on September 2,2003,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. Chose to publish or post within the jurisdiction any notices or ballots in
addition to notices published and posted by the County Clerk pursuant to¶
4.b herein and § 1-5-205 C.R.S.
h. Pay the sum of$.75 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 4, 2003,
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
Page 3 of 8
pursuant to¶4(g)of this Agreement. If the Jurisdiction cancels the election
before its Section 20,Article X notices are due to the County and prior to the
County Clerk incurring any expenses for the printing of the ballots, the
Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall
also be responsible for costs of recounts pursuant to § § 1-10.5-101, 1-10.5-
104 or 1-11-215 C.R.S.,except for costs collected from an"interested party"
pursuant to§ 1-10.5-106 which shall be collected by the entity conducting the
recount.
Designate an"election officer"who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
j. By approval of this Agreement, any municipality is resolving not to use the
provisions of the Municipal Election Code, except as otherwise set forth
herein or as its use is specifically authorized by the Code.
k. Mail notices pursuant to § 1-7-906(2) for active registered electors who do
not reside within the County or counties where the political subdivision is
located.
1. 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:
Page 4 of 8
a. Except as otherwise expressly provided for in this Agreement, to act as the
designated election official for the conduct of the election for the Jurisdiction
for all matters in the Code which require action by the designated election
official and as coordinated election official.
b. Circulate the Article X, Section 20,Ballot Issues notices pursuant to § 1-7-
905 and 906(1),C.R.S.,and publish and post notice,as directed in§ 1-5-205,
C.R.S. Publication by the County Clerk will only be in the County legal
newspaper and the Greeley Tribune and the designated election official is
responsible for any additional notices pursuant to¶ 3.g herein .
c. Provide a place for early voting and application for and issuance of absentee
ballots at 1402 North 17th Avenue, Greeley, Colorado, at the office of the
Weld County Clerk and Recorder and 4209 County Road 24'/2(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 20, 2003, and ending October 31,
2003.
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 5 of 8
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.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the
Code shall apply to completion of the tasks required by this Agreement.
b. Conflict of Agreement with law
This Agreement shall be interpreted to consistent with the Code, and
provisions of Title 31 and 22 applicable to the conduct of elections and 8
C.C.R. 1505-1. Should there be an irreconcilable conflict between the
statutes,this agreement and the Colorado Regulations,the statutes shall first
prevail, then this agreement and lastly the Colorado Regulations.
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Page 6 of 8
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages,not as a penalty,refund all payments made,pursuant to
¶3.h of this Agreement and shall,if requested by the Jurisdiction,conduct the
next coordinated election which may include any election made necessary by
a defect in the election conducted pursuant to this Agreement with no fee
assessed to the Jurisdiction. 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:4-santos@co.weld.co.us>,
address: P.O. Box 459, Greeley, CO 80632;
and the Jurisdiction notice shall be given to the Jurisdiction at:
phone: 303-776-9900 , fax: 776-413-10x13
e-mail: jmacy@blglaw.con and
address: c/o Bernard, Lyons, Gaddis & Kahn, PC
P.O. Box 97P, Longmont, CO P0504
Page 7 of 8
DATED this /1' day of ,„,---17-77 , 2003
WELD COUNTY CLERK &RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
J
Steve Moreno, Clerk and Recorder avid E. Long, Chair S 1 0 2003
E La
1861 ter
APPROVED AS TO FORM: fk • ) 'IA / '/ �,�///
erk to the Board of County Commissioners
7/
o my Attorney Deputy Clerk to the Board—'
MIILLIKEN FIRE PROTECTION DISTRIt
(Jurisdi000n 5
o
- (/
(Title) 1/7 o _
APPROVED AS TO FORM
ATTEST:
BERNARD, LYONS, GADDIS & KAHN, PC <7
(Title)
Atto eyPfoRnMarction d
Page 8 of 8
. i il•
Memorandum of Intergovernmental Agreement 2003 Master
for Conduct of Coordinated Elections
lohnstnwp Fire Protection n;st ,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 4,2003,coordinated
election conducted pursuant to the Uniform Election Code of 1992 as amended(hereinafter"Code"),
and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement
is not intended to address or modify statutory provisions regarding voter registration,nor to address
or modify the County Clerk's duties thereunder.
WHEREAS,the Jurisdiction desires to conduct an election pursuant to its statutory authority
or to have certain items placed on the ballot at an election pursuant to its statutory authority, such
election to occur via polling place on November 4, 2003, 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:
Page 1 of 8
1. The Jurisdiction encompasses territory within Weld County and
Larimer County(O). 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 4, 2003, 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), C.R.S.
Page 2 of 8
d. Publish and post notices of election pursuant to § 1-5-205, C.R.S., and
include the information regarding the walk-in location address for application
or return of absentee ballots as set forth in paragraph 4.c of this Agreement.
e. Accept written comments for and against ballot issues pursuant to§§ 1-7-901
and 1-40-125(2)(e), C.R.S. Comments to be accepted must be filed by the
end of the business day on the Friday before the 45th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to§ 1-7-903,C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 42 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
f. Accept affidavits of intent to accept write-in candidacy up until close of
business on September 2,2003,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. Chose to publish or post within the jurisdiction any notices or ballots in
addition to notices published and posted by the County Clerk pursuant to¶
4.b herein and § 1-5-205 C.R.S.
h. Pay the sum of$.75 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 4, 2003,
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
Page 3 of 8
pursuant to¶4(g)of this Agreement. If the Jurisdiction cancels the election
before its Section 20,Article X notices are due to the County and prior to the
County Clerk incurring any expenses for the printing of the ballots, the
Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall
also be responsible for costs of recounts pursuant to § § 1-10.5-101, 1-10.5-
104 or 1-11-215 C.R.S.,except for costs collected from an"interested party"
pursuant to§ 1-10.5-106 which shall be collected by the entity conducting the
recount.
Designate an"election officer"who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
j. By approval of this Agreement, any municipality is resolving not to use the
provisions of the Municipal Election Code, except as otherwise set forth
herein or as its use is specifically authorized by the Code.
k. Mail notices pursuant to § 1-7-906(2) for active registered electors who do
not reside within the County or counties where the political subdivision is
located.
1. 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:
Page 4 of 8
a. Except as otherwise expressly provided for in this Agreement, to act as the
designated election official for the conduct of the election for the Jurisdiction
for all matters in the Code which require action by the designated election
official and as coordinated election official.
b. Circulate the Article X, Section 20,Ballot Issues notices pursuant to § 1-7-
905 and 906(1),C.R.S.,and publish and post notice,as directed in§ 1-5-205,
C.R.S. Publication by the County Clerk will only be in the County legal
newspaper and the Greeley Tribune and the designated election official is
responsible for any additional notices pursuant to¶ 3.g herein .
c. Provide a place for early voting and application for and issuance of absentee
ballots at 1402 North 17th Avenue, Greeley, Colorado, at the office of the
Weld County Clerk and Recorder and 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 20, 2003, and ending October 31,
2003.
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 5 of 8
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.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the
Code shall apply to completion of the tasks required by this Agreement.
b. Conflict of Agreement with law
This Agreement shall be interpreted to consistent with the Code, and
provisions of Title 31 and 22 applicable to the conduct of elections and 8
C.C.R. 1505-1. Should there be an irreconcilable conflict between the
statutes,this agreement and the Colorado Regulations,the statutes shall first
prevail, then this agreement and lastly the Colorado Regulations.
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Page 6 of 8
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages,not as a penalty,refund all payments made,pursuant to
¶3.h of this Agreement and shall,if requested by the Jurisdiction,conduct the
next coordinated election which may include any election made necessary by
a defect in the election conducted pursuant to this Agreement with no fee
assessed to the Jurisdiction. 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:
phone: District - 970-587-4477 , fax: 970-587-44,77
e-mail: Attorney - 303-776-9900 83-413-1003
rl yonS(99b1 glaw.com
com
address:
District: P.O. Box 979, Johnstown, CO P0534
Page 7 of 8
DATED this /�/ day of , 2003
WELD COUNTY CLERK&RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
_Asa Eli'atir
Steve Moreno, Clerk and Recorde SE 10 2003
� � � � David E. Long, Chair
* iS
' 1661 (,is °411i
t\*
APPROVED AS TO FORM: TEST: u it,/ ///// (44 441/2:447
lkis
Clerk to the Board of County Commissioners
(71.--;ZZ
unty Attorney Deputy Clerk to the Board
(Juris.'ct on)
Jo nst'wn Fire Pritection Di trict
(Tie P$,
APPROVED AS TO FORM
ATTEST:
chard N. Lyons, Es
(Title) ede
,�(
Attorney for Jurisdict. n /42�"J� -
Page 8 of 8
n: 56
Memorandum of Intergovernmental Agreement 2003 Master
for Conduct of Coordinated Elections
F i 1 ,S Jun o r Ca i t e,e I) i S)rid,I,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 4,2003,coordinated
election conducted pursuant to the Uniform Election Code of 1992 as amended(hereinafter"Code"),
and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement
is not intended to address or modify statutory provisions regarding voter registration,nor to address
or modify the County Clerk's duties thereunder.
WHEREAS,the Jurisdiction desires to conduct an election pursuant to its statutory authority
or to have certain items placed on the ballot at an election pursuant to its statutory authority, such
election to occur via polling place on November 4, 2003, 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:
Page 1 of 8
1. The Jurisdiction encompasses territory within Weld County and
La r:r,r r ,i3ro r(,c I d A,to n. : F'131yt . La fem 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 4, 2003, 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), C.R.S.
Page 2 of 8
d. Publish and post notices of election pursuant to § 1-5-205, C.R.S., and
include the information regarding the walk-in location address for application
or return of absentee ballots as set forth in paragraph 4.c of this Agreement.
e. Accept written comments for and against ballot issues pursuant to§§ 1-7-901
and 1-40-125(2)(e), C.R.S. Comments to be accepted must be filed by the
end of the business day on the Friday before the 45th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to§ 1-7-903,C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 42 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
f. Accept affidavits of intent to accept write-in candidacy up until close of
business on September 2,2003,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. Chose to publish or post within the jurisdiction any notices or ballots in
addition to notices published and posted by the County Clerk pursuant to¶
4.b herein and § 1-5-205 C.R.S.
h. Pay the sum of$.75 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 4, 2003,
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
Page 3 of 8
pursuant to¶4(g)of this Agreement. If the Jurisdiction cancels the election
before its Section 20,Article X notices are due to the County and prior to the
County Clerk incurring any expenses for the printing of the ballots, the
Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall
also be responsible for costs of recounts pursuant to § § 1-10.5-101, 1-10.5-
104 or 1-11-215 C.R.S.,except for costs collected from an"interested party"
pursuant to§ 1-10.5-106 which shall be collected by the entity conducting the
recount.
Designate an"election officer"who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
j. By approval of this Agreement, any municipality is resolving not to use the
provisions of the Municipal Election Code, except as otherwise set forth
herein or as its use is specifically authorized by the Code.
k. Mail notices pursuant to § 1-7-906(2) for active registered electors who do
not reside within the County or counties where the political subdivision is
located.
1. 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:
Page 4 of 8
a. Except as otherwise expressly provided for in this Agreement, to act as the
designated election official for the conduct of the election for the Jurisdiction
for all matters in the Code which require action by the designated election
official and as coordinated election official.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to § 1-7-
905 and 906(1),C.R.S.,and publish and post notice,as directed in§ 1-5-205,
C.R.S. Publication by the County Clerk will only be in the County legal
newspaper and the Greeley Tribune and the designated election official is
responsible for any additional notices pursuant to¶ 3.g herein .
c. Provide a place for earlyvoting 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 and 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 20, 2003, and ending October 31,
2003.
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 5 of 8
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.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the
Code shall apply to completion of the tasks required by this Agreement.
b. Conflict of Agreement with law
This Agreement shall be interpreted to consistent with the Code, and
provisions of Title 31 and 22 applicable to the conduct of elections and 8
C.C.R. 1505-1. Should there be an irreconcilable conflict between the
statutes,this agreement and the Colorado Regulations,the statutes shall first
prevail, then this agreement and lastly the Colorado Regulations.
c. Liquidated damages provision
In the event that a Court of competent jurisdiction fmds 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
Page 6 of 8
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages,not as a penalty,refund all payments made,pursuant to
¶3.h of this Agreement and shall,if requested by the Jurisdiction,conduct the
next coordinated election which may include any election made necessary by
a defect in the election conducted pursuant to this Agreement with no fee
assessed to the Jurisdiction. 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:
phone: (972) 33e -gcc3 xC- ;LII , fax: 33o - s7°c,
e-mail: bre.at'h @ (XiYrS , tei and
address: ivrti CO mum ll Q
ex}, -n . `Tr-€4, ' Ofh-u r."3-reie"
av-teA , , CA) got. 3(i
Page 7 of 8
DATED this 0 ) day of A u"LA S E , 2003
WELD COUNTY CLERK &RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
Att-r--
Steve Moreno, Clerk and Recorder �Ilillit avid E. Long, Chair 1 0 2003
,
'\\ ,N.
I
�%. t O
il
APPROVED AS TO FORM: ,r, tzir t� a ' EST:D 4,4 1,72
aft 01
Clerk to the Board of County Commissioners
ounty Attorney Deputy Clerk to the Board
(Jurisdiction) A i3/4,5 j u n i0 C Col ke e—
(Tit
APPROVED AS TO FORM Pr-e4(d e ,4 v el inn, 63 l
ATTEST: ))L``t(Vt k & l//7 .'rC-rz-r
(Title) E 7.Lef 1\-,. (1277%'1) Y
torney for Jurisdi ion
Page 8 of 8
113 5 Memorandum of Intergovernmental Agreement 2003 Master
for Conduct of Coordinated Elections
Wiggins Sch.Dist. RE-50J ,hereinafter referred to as "Jurisdiction," does
hereby agree and contract with the Board of County Commissioners of the County of Weld,
hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder,hereinafter
referred to as"County Clerk,"concerning the administration of the November 4,2003,coordinated
election conducted pursuant to the Uniform Election Code of 1992 as amended(hereinafter"Code"),
and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement
is not intended to address or modify statutory provisions regarding voter registration,nor to address
or modify the County Clerk's duties thereunder.
WHEREAS,the Jurisdiction desires to conduct an election pursuant to its statutory authority
or to have certain items placed on the ballot at an election pursuant to its statutory authority, such
election to occur via polling place on November 4, 2003, 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:
Page 1 of 8
1. The Jurisdiction encompasses territory within Weld County and
Morgan and Adams 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 4, 2003, 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), C.R.S.
Page 2 of 8
d. Publish and post notices of election pursuant to § 1-5-205, C.R.S., and
include the information regarding the walk-in location address for application
or return of absentee ballots as set forth in paragraph 4.c of this Agreement.
e. Accept written comments for and against ballot issues pursuant to§§ 1-7-901
and 1-40-125(2)(e), C.R.S. Comments to be accepted must be filed by the
end of the business day on the Friday before the 45th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to§ 1-7-903,C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 42 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
Accept affidavits of intent to accept write-in candidacy up until close of
business on September 2,2003,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. Chose to publish or post within the jurisdiction any notices or ballots in
addition to notices published and posted by the County Clerk pursuant to¶
4.b herein and § 1-5-205 C.R.S.
h. Pay the sum of$.75 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 4, 2003,
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
Page 3 of 8
pursuant to¶4(g)of this Agreement. If the Jurisdiction cancels the election
before its Section 20,Article X notices are due to the County and prior to the
County Clerk incurring any expenses for the printing of the ballots, the
Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall
also be responsible for costs of recounts pursuant to § § 1-10.5-101, 1-10.5-
104 or 1-11-215 C.R.S.,except for costs collected from an"interested party"
pursuant to§ 1-10.5-106 which shall be collected by the entity conducting the
recount.
Designate an"election officer"who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
j. By approval of this Agreement, any municipality is resolving not to use the
provisions of the Municipal Election Code, except as otherwise set forth
herein or as its use is specifically authorized by the Code.
k. Mail notices pursuant to § 1-7-906(2) for active registered electors who do
not reside within the County or counties where the political subdivision is
located.
1. 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:
Page 4 of 8
a. Except as otherwise expressly provided for in this Agreement, to act as the
designated election official for the conduct of the election for the Jurisdiction
for all matters in the Code which require action by the designated election
official and as coordinated election official.
b. Circulate the Article X, Section 20,Ballot Issues notices pursuant to § 1-7-
905 and 906(1),C.R.S.,and publish and post notice,as directed in§ 1-5-205,
C.R.S. Publication by the County Clerk will only be in the County legal
newspaper and the Greeley Tribune and the designated election official is
responsible for any additional notices pursuant to¶3.g herein .
c. Provide a place for early voting and application for and issuance of absentee
ballots at 1402 North 17th Avenue, Greeley, Colorado, at the office of the
Weld County Clerk and Recorder and 4209 County Road 24 Y:(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 20, 2003, and ending October 31,
2003.
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 5 of 8
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.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the
Code shall apply to completion of the tasks required by this Agreement.
b. Conflict of Agreement with law
This Agreement shall be interpreted to consistent with the Code, and
provisions of Title 31 and 22 applicable to the conduct of elections and 8
C.C.R. 1505-1. Should there be an irreconcilable conflict between the
statutes,this agreement and the Colorado Regulations,the statutes shall first
prevail,then this agreement and lastly the Colorado Regulations.
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Page 6 of 8
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages,not as a penalty,refund all payments made,pursuant to
¶3.h of this Agreement and shall,if requested by the Jurisdiction,conduct the
next coordinated election which may include any election made necessary by
a defect in the election conducted pursuant to this Agreement with no fee
assessed to the Jurisdiction. 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:
phone: 970-483-7762 , fax: 970-483-62;05
e-mail: Jacque@wiggins50.k12.co.us and
address: 320 Chapman
Wiggins, Co 80654
Page 7 of 8
DATED this 8th day of August , 2003
WELD COUNTY CLERK&RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
Steve Moreno, Clerk and Recorder 0h 14% David E. Long, ChairISEP
1 0 2003
if,.
APPROVED AS TO FORM: '""° `, TTEST: I' iL"
‘�` l tic " ,/IT
Clerk to the Board of County Commissioners
ounty Attorney Deputy Clerk to the Board
trio,
( •sdi Lion) Jacque Weimer
Business Manager/Designated Election Official
(Title)
APPROVED AS TO FORM
ATTEST:
(Title) Randy Miller, Ed.D
Superintendent of Schools
Attorney for Jurisdiction
Page 8 of 8
•
Memorandum of Intergovernmental Agree`metit ° 2003 Master
for Conduct of Coordinated Elections
sae,/ >'c f"c r (E /UJ 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 4,2003, coordinated
election conducted pursuant to the Uniform Election Code of 1992 as amended(hereinafter"Code"),
and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement
is not intended to address or modify statutory provisions regarding voter registration,nor to address
or modify the County Clerk's duties thereunder.
WHEREAS,the Jurisdiction desires to conduct an election pursuant to its statutory authority
or to have certain items placed on the ballot at an election pursuant to its statutory authority, such
election to occur via polling place on November 4, 2003, 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:
Page 1 of 8
1. The Jurisdiction encompasses territory within Weld County and
./97b 4v-z County(ies). This Agreement shall be
construedVooJ 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 4, 2003, 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 Pt,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), C.R.S.
Page 2 of 8
d. Publish and post notices of election pursuant to § 1-5-205, C.R.S., and
include the information regarding the walk-in location address for application
or return of absentee ballots as set forth in paragraph 4.c of this Agreement.
e. Accept written comments for and against ballot issues pursuant to§§ 1-7-901
and 1-40-125(2)(e), C.R.S. Comments to be accepted must be filed by the
end of the business day on the Friday before the 45th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to§ 1-7-903,C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 42 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
f. Accept affidavits of intent to accept write-in candidacy up until close of
business on September 2,2003,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. Chose to publish or post within the jurisdiction any notices or ballots in
addition to notices published and posted by the County Clerk pursuant to¶
4.b herein and § 1-5-205 C.R.S.
h. Pay the sum of$.75 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 4, 2003,
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
Page 3 of 8
•
pursuant to¶4(g) of this Agreement. If the Jurisdiction cancels the election
before its Section 20,Article X notices are due to the County and prior to the
County Clerk incurring any expenses for the printing of the ballots, the
Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall
also be responsible for costs of recounts pursuant to § § 1-10.5-101, 1-10.5-
104 or 1-11-215 C.R.S.,except for costs collected from an"interested party"
pursuant to§ 1-10.5-106 which shall be collected by the entity conducting the
recount.
Designate an "election officer" who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
j. By approval of this Agreement, any municipality is resolving not to use the
provisions of the Municipal Election Code, except as otherwise set forth
herein or as its use is specifically authorized by the Code.
k. Mail notices pursuant to § 1-7-906(2) for active registered electors who do
not reside within the County or counties where the political subdivision is
located.
1. 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:
Page 4 of 8
•
a. Except as otherwise expressly provided for in this Agreement, to act as the
designated election official for the conduct of the election for the Jurisdiction
for all matters in the Code which require action by the designated election
official and as coordinated election official.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to § 1-7-
905 and 906(1),C.R.S.,and publish and post notice,as directed in § 1-5-205,
C.R.S. Publication by the County Clerk will only be in the County legal
newspaper and the Greeley Tribune and the designated election official is
responsible for any additional notices pursuant to¶ 3.g herein .
c. Provide a place for early voting and application for and issuance of absentee
ballots at 1402 North 17th Avenue, Greeley, Colorado, at the office of the
Weld County Clerk and Recorder and 4209 County Road 24%2(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 20, 2003, and ending October 31,
2003.
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 5 of 8
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.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the
Code shall apply to completion of the tasks required by this Agreement.
b. Conflict of Agreement with law
This Agreement shall be interpreted to consistent with the Code, and
provisions of Title 31 and 22 applicable to the conduct of elections and 8
C.C.R. 1505-1. Should there be an irreconcilable conflict between the
statutes,this agreement and the Colorado Regulations,the statutes shall first
prevail,then this agreement and lastly the Colorado Regulations.
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Page 6 of 8
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages, not as a penalty,refund all payments made,pursuant to
¶3.h ofthis 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 ofthis 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:
phone: (qqd) 6 $6- 341'7 , fax: (q>0) (,SG ;-J 71
e-mail: p and
address: ()diet), )2i/ gniys/7Ate1 (m joka
Page 7 of 8
t , 2003
DATED this �2 � day of f/Zf�/,/sf
WELD COUNTY CLERK&RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
Steve Moreno, Clerk and Recorder David E. Long, Chair SE 0 2003
' 1,
.9.1/42
APPROVED AS TO FORM: `,'��, ;�,., ` ,,"nit EST: 94V.
4.
IeC1erk to the Board of County Commissioners
County Atto e Deputy Clerk to the Board
(Jurisdiction) SSC/oo/ /)1.rf*`,cf if-/OJ
(Title) $6uper'n / F'zikit !
APPROVED AS TO FORM
ATTEST:
Z. (Title) jeoy
Page 8 of 8
''- Memoralncfutn'tif irkergovernmental Agreement S 2033'1*er
for Conduct of Coordinated Elections
WELD COUNTY SCHOOL DISTRICT RE-9 ,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 4,2003,coordinated
election conducted pursuant to the Uniform Election Code of 1992 as amended(hereinafter"Code"),
and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement
is not intended to address or modify statutory provisions regarding voter registration,nor to address
or modify the County Clerk's duties thereunder.
WHEREAS,the Jurisdiction desires to conduct an election pursuant to its statutory authority
or to have certain items placed on the ballot at an election pursuant to its statutory authority, such
election to occur via polling place on November 4, 2003, 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:
Page 1 of 8
1. The Jurisdiction encompasses territory within Weld County and
N/A 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 4, 2003, 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), C.R.S.
Page 2 of 8
d. Publish and post notices of election pursuant to § 1-5-205, C.R.S., and
include the information regarding the walk-in location address for application
or return of absentee ballots as set forth in paragraph 4.c of this Agreement.
e. Accept written comments for and against ballot issues pursuant to§§ 1-7-901
and 1-40-125(2)(e), C.R.S. Comments to be accepted must be filed by the
end of the business day on the Friday before the 45th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to§ 1-7-903,C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 42 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
f. Accept affidavits of intent to accept write-in candidacy up until close of
business on September 2,2003,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. Chose to publish or post within the jurisdiction any notices or ballots in
addition to notices published and posted by the County Clerk pursuant to¶
4.b herein and § 1-5-205 C.R.S.
h. Pay the sum of$.75 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 4, 2003,
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
Page 3 of 8
pursuant to¶4(g)of this Agreement. If the Jurisdiction cancels the election
before its Section 20,Article X notices are due to the County and prior to the
County Clerk incurring any expenses for the printing of the ballots, the
Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall
also be responsible for costs of recounts pursuant to § § 1-10.5-101, 1-10.5-
104 or 1-11-215 C.R.S.,except for costs collected from an"interested party"
pursuant to§ 1-10.5-106 which shall be collected by the entity conducting the
recount.
Designate an"election officer"who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
j. By approval of this Agreement, any municipality is resolving not to use the
provisions of the Municipal Election Code, except as otherwise set forth
herein or as its use is specifically authorized by the Code.
k. Mail notices pursuant to § 1-7-906(2) for active registered electors who do
not reside within the County or counties where the political subdivision is
located.
1. 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:
Page 4 of 8
a. Except as otherwise expressly provided for in this Agreement,to act as the
designated election official for the conduct of the election for the Jurisdiction
for all matters in the Code which require action by the designated election
official and as coordinated election official.
b. Circulate the Article X, Section 20,Ballot Issues notices pursuant to § 1-7-
905 and 906(1),C.R.S.,and publish and post notice,as directed in§ 1-5-205,
C.R.S. Publication by the County Clerk will only be in the County legal
newspaper and the Greeley Tribune and the designated election official is
responsible for any additional notices pursuant to 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 of the
Weld County Clerk and Recorder and 4209 County Road 24'h(DelCamino),
Longmont , Colorado, at the substation of the Weld County Clerk and
Recorder. Early voting shall take place during the hours of 8:00 a.m. - 5:00
p.m., Monday - Friday, starting October 20, 2003, and ending October 31,
2003.
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 5 of 8
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.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the
Code shall apply to completion of the tasks required by this Agreement.
b. Conflict of Agreement with law
This Agreement shall be interpreted to consistent with the Code, and
provisions of Title 31 and 22 applicable to the conduct of elections and 8
C.C.R. 1505-1. Should there be an irreconcilable conflict between the
statutes,this agreement and the Colorado Regulations,the statutes shall first
prevail, then this agreement and lastly the Colorado Regulations.
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Page 6 of 8
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages,not as a penalty,refund all payments made,pursuant to
¶3.h of this Agreement and shall,if requested by the Jurisdiction,conduct the
next coordinated election which may include any election made necessary by
a defect in the election conducted pursuant to this Agreement with no fee
assessed to the Jurisdiction. 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:
phone: 970-834-1345 , fax: 834-1347 ,
e-mail: and
address: P 0 Box 68 209 W First Street
Ault, CO 80610
Page 7 of 8
09/02/2003 07:53 970-834-1347 WELD SCH DIST RE 9 PAGE 02/02
DATED this 26th day of AUGUST , 2003
WELD COUNTY CLERK&RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
Steve Moreno, Clerk and Recorder Imo"'% a avid E.Long, Chair 1 0 2063
4.
APPROVED AS TO FORM: gi 4:4 ST: 4/11/11%
�V* I r ' 1'
Clerk to the Board of County Commissioners
unty Attome Deputy Clerk to the Board
(Jurisdiction) Wl.a- y--
(Title) Board of Education President
APPROVED AS TO FORM r •
ATTEST: / x1
(1/21/tAa . (Title) Board of Education Secretary
Attorney for Jurisdiction
Page 8 of 8
•
.,3 'i1 fl: 21
Meinoianauin of:ntergovernrnental Agreement 2003 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 4,2003,coordinated
election conducted pursuant to the Uniform Election Code of 1992 as amended(hereinafter"Code"),
and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement
is not intended to address or modify statutory provisions regarding voter registration,nor to address
or modify the County Clerk's duties thereunder.
WHEREAS,the Jurisdiction desires to conduct an election pursuant to its statutory authority
or to have certain items placed on the ballot at an election pursuant to its statutory authority, such
election to occur via polling place on November.4, 2003, 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:
Page 1 of 8
1. The Jurisdiction encompasses territory within Weld County and
Broomfield 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 4, 2003, 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), C.R.S.
Page 2 of 8
d. Publish and post notices of election pursuant to § 1-5-205, C.R.S., and
include the information regarding the walk-in location address for application
or return of absentee ballots as set forth in paragraph 4.c of this Agreement.
e. Accept written comments for and against ballot issues pursuant to§§ 1-7-901
and 1-40-125(2)(e), C.R.S. Comments to be accepted must be filed by the
end of the business day on the Friday before the 45th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to§ 1-7-903,C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 42 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
f. Accept affidavits of intent to accept write-in candidacy up until close of
business on September 2,2003,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. Chose to publish or post within the jurisdiction any notices or ballots in
addition to notices published and posted by the County Clerk pursuant to¶
4.b herein and § 1-5-205 C.R.S.
h. Pay the sum of$.75 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 4, 2003,
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
Page 3 of 8
pursuant to¶4(g) of this Agreement. If the Jurisdiction cancels the election
before its Section 20,Article X notices are due to the County and prior to the
County Clerk incurring any expenses for the printing of the ballots, the
Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall
also be responsible for costs of recounts pursuant to § § 1-10.5-101, 1-10.5-
104 or 1-11-215 C.R.S.,except for costs collected from an"interested party"
pursuant to§ 1-10.5-106 which shall be collected by the entity conducting the
recount.
Designate an"election officer"who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
j. By approval of this Agreement, any municipality is resolving not to use the
provisions of the Municipal Election Code, except as otherwise set forth
herein or as its use is specifically authorized by the Code.
k. Mail notices pursuant to § 1-7-906(2) for active registered electors who do
not reside within the County or counties where the political subdivision is
located.
1. 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:
Page 4 of 8
a. Except as otherwise expressly provided for in this Agreement, to act as the
designated election official for the conduct of the election for the Jurisdiction
for all matters in the Code which require action by the designated election
official and as coordinated election official.
b. Circulate the Article X, Section 20,Ballot Issues notices pursuant to § 1-7-
905 and 906(1),C.R.S.,and publish and post notice,as directed in§ 1-5-205,
C.R.S. Publication by the County Clerk will only be in the County legal
newspaper and the Greeley Tribune and the designated election official is
responsible for any additional notices pursuant to¶3.g herein .
c. Provide a place for earlyvoting 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 and 4209 County Road 24'A(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 20, 2003, and ending October 31,
2003.
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 5 of 8
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.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the
Code shall apply to completion of the tasks required by this Agreement.
b. Conflict of Agreement with law
This Agreement shall be interpreted to consistent with the Code, and
provisions of Title 31 and 22 applicable to the conduct of elections and 8
C.C.R. 1505-1. Should there be an irreconcilable conflict between the
statutes,this agreement and the Colorado Regulations,the statutes shall first
prevail, then this agreement and lastly the Colorado Regulations.
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Page 6 of 8
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages,not as a penalty,refund all payments made,pursuant to
¶3.h of this Agreement and shall,if requested by the Jurisdiction,conduct the
next coordinated election which may include any election made necessary by
a defect in the election conducted pursuant to this Agreement with no fee
assessed to the Jurisdiction. 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:
phone: 303-857-3200 , fax:303-857-3219
e-mail: viceretto@ftlupton.k12.co.us and
address: 301 Reynolds Street
Fort Lupton, Co 80621
Page 7 of 8
DATED this /9 ay of re-47.272.../_ , 2003
WELD COUNTY CLERK &RECORDER BOARD OF COUNTY COMMISSIONERS
OF E COUNTY OF WELD
Steve Moreno, Clerk and Recorderr,� I / 4 id E. Long, Chair P 1 0 2003
tt,5. dat
1
APPROVED AS TO FORM: V.%
If -"`�' EST: MUM
444.
aftionol
Clerk to the Board of County Commissioners
ounty Attorney Deputy Clerk to the Boa--
(Jurisdiction) Weld County School District Re-8
(Title) /� ,44-7x S tt Carter, President B0E
APPROVED AS TO FORM
ATTEST:
(Title)
Attorney for Jurisdiction
Page 8 of 8
r
Memorandum of Intergovernmental Agreement 2003 Master
for Conduct of Coordinated Elections
4/4e. Id uo n71 I�,je l ez5l Dist 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 4,2003,coordinated
election conducted pursuant to the Uniform Election Code of 1992 as amended(hereinafter"Code"),
and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement
is not intended to address or modify statutory provisions regarding voter registration,nor to address
or modify the County Clerk's duties thereunder.
WHEREAS,the Jurisdiction desires to conduct an election pursuant to its statutory authority
or to have certain items placed on the ballot at an election pursuant to its statutory authority, such
election to occur via polling place on November 4, 2003, 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:
Page 1 of 8
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 4, 2003, 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), C.R.S.
Page 2 of 8
d. Publish and post notices of election pursuant to § 1-5-205, C.R.S., and
include the information regarding the walk-in location address for application
or return of absentee ballots as set forth in paragraph 4.c of this Agreement.
e. Accept written comments for and against ballot issues pursuant to§§ 1-7-901
and 1-40-125(2)(e), C.R.S. Comments to be accepted must be filed by the
end of the business day on the Friday before the 45th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to§ 1-7-903,C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 42 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
f. Accept affidavits of intent to accept write-in candidacy up until close of
business on September 2,2003,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. Chose to publish or post within the jurisdiction any notices or ballots in
addition to notices published and posted by the County Clerk pursuant to¶
4.b herein and § 1-5-205 C.R.S.
h. Pay the sum of$.75 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 4, 2003,
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
Page 3 of 8
pursuant to¶4(g)of this Agreement. If the Jurisdiction cancels the election
before its Section 20,Article X notices are due to the County and prior to the
County Clerk incurring any expenses for the printing of the ballots, the
Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall
also be responsible for costs of recounts pursuant to § § 1-10.5-101, 1-10.5-
104 or 1-11-215 C.R.S.,except for costs collected from an"interested party"
pursuant to§ 1-10.5-106 which shall be collected by the entity conducting the
recount.
Designate an"election officer"who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
j. By approval of this Agreement, any municipality is resolving not to use the
provisions of the Municipal Election Code, except as otherwise set forth
herein or as its use is specifically authorized by the Code.
k. Mail notices pursuant to § 1-7-906(2) for active registered electors who do
not reside within the County or counties where the political subdivision is
located.
1. 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:
Page 4 of 8
a. Except as otherwise expressly provided for in this Agreement, to act as the
designated election official for the conduct of the election for the Jurisdiction
for all matters in the Code which require action by the designated election
official and as coordinated election official.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to § 1-7-
905 and 906(1),C.R.S.,and publish and post notice,as directed in§ 1-5-205,
C.R.S. Publication by the County Clerk will only be in the County legal
newspaper and the Greeley Tribune and the designated election official is
responsible for any additional notices pursuant to¶3.g herein .
c. Provide a place for early voting and application for and issuance of absentee
ballots at 1402 North 17th Avenue, Greeley, Colorado, at the office of the
Weld County Clerk and Recorder and 4209 County Road 24%2(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 20, 2003, and ending October 31,
2003.
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 5 of 8
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.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the
Code shall apply to completion of the tasks required by this Agreement.
b. Conflict of Agreement with law
This Agreement shall be interpreted to consistent with the Code, and
provisions of Title 31 and 22 applicable to the conduct of elections and 8
C.C.R. 1505-1. Should there be an irreconcilable conflict between the
statutes,this agreement and the Colorado Regulations,the statutes shall first
prevail, then this agreement and lastly the Colorado Regulations.
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Page 6 of 8
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages,not as a penalty,refund all payments made,pursuant to
¶3.h of this Agreement and shall,if requested by the Jurisdiction,conduct the
next coordinated election which may include any election made necessary by
a defect in the election conducted pursuant to this Agreement with no fee
assessed to the Jurisdiction. 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.
£ 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: %7O- , fax: 7707' 3'4;6030
e-mail:or- /c.Ilter0 c� r e ery c -}col c. J cr Q and
address: /p, —i191A- life,
ree-Y-JF1/ 7'.2 / .
Page 7 of 8
day this /E') day of Ce , 2003
WELD COUNTY CLERK&RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
PLOn° r '-
Steve Moreno, Clerk and Record E La David E. Long, Chair SE 1 0 2003
1861tw7r '
at,
APPROVED AS TO FORM: ® TTEST: ,n; //vvvn
Clerk to the Board of County Commissioners
County Attorney Deputy Clerk to the Boar
(Jurisdiction)(
(Title) boar
APPROVED AS TO FORM
ATTES :
re 744.x/
(Title) aa r err-
Attorney for Jurisdiction
Page 8 of 8
e
Memorandum oflntergot nrtt ental Agreement 2003 Master
for Conduct of Coordinated Elections
Weld County School District RF-1 ,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 4,2003,coordinated
election conducted pursuant to the Uniform Election Code of 1992 as amended(hereinafter"Code"),
and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement
is not intended to address or modify statutory provisions regarding voter registration,nor to address
or modify the County Clerk's duties thereunder.
WHEREAS,the Jurisdiction desires to conduct an election pursuant to its statutory authority
or to have certain items placed on the ballot at an election pursuant to its statutory authority, such
election to occur via polling place on November 4, 2003, 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:
Page 1 of 8
1. The Jurisdiction encompasses territory within . Weld County and
no other 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 4, 2003, 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), C.R.S.
Page 2 of 8
d. Publish and post notices of election pursuant to § 1-5-205, C.R.S., and
include the information regarding the walk-in location address for application
or return of absentee ballots as set forth in paragraph 4.c of this Agreement.
e. Accept written comments for and against ballot issues pursuant to§§ 1-7-901
and 1-40-125(2)(e), C.R.S. Comments to be accepted must be filed by the
end of the business day on the Friday before the 45th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to § 1-7-903,C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 42 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
f. Accept affidavits of intent to accept write-in candidacy up until close of
business on September 2,2003,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. Chose to publish or post within the jurisdiction any notices or ballots in
addition to notices published and posted by the County Clerk pursuant to¶
4.b herein and § 1-5-205 C.R.S.
h. Pay the sum of$.75 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 4, 2003,
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
Page 3 of 8
pursuant to¶4(g)of this Agreement. If the Jurisdiction cancels the election
before its Section 20,Article X notices are due to the County and prior to the
County Clerk incurring any expenses for the printing of the ballots, the
Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall
also be responsible for costs of recounts pursuant to § § 1-10.5-101, 1-10.5-
104 or 1-11-215 C.R.S.,except for costs collected from an"interested party"
pursuant to§ 1-10.5-106 which shall be collected by the entity conducting the
recount.
Designate an "election officer"who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
j. By approval of this Agreement, any municipality is resolving not to use the
provisions of the Municipal Election Code, except as otherwise set forth
herein or as its use is specifically authorized by the Code.
k. Mail notices pursuant to § 1-7-906(2) for active registered electors who do
not reside within the County or counties where the political subdivision is
located.
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:
Page 4 of 8
a. Except as otherwise expressly provided for in this Agreement, to act as the
designated election official for the conduct of the election for the Jurisdiction
for all matters in the Code which require action by the designated election
official and as coordinated election official.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to § 1-7-
905 and 906(1),C.R.S.,and publish and post notice,as directed in§ 1-5-205,
C.R.S. Publication by the County Clerk will only be in the County legal
• newspaper and the Greeley Tribune and the designated election official is
responsible for any additional notices pursuant to¶ 3.g herein .
c. Provide a place for early voting and application for and issuance of absentee
ballots at 1402 North 17th Avenue, Greeley, Colorado, at the office of the
Weld County Clerk and Recorder and 4209 County Road 24 1/2(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 20, 2003, and ending October 31,
2003.
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 5 of 8
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.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the
Code shall apply to completion of the tasks required by this Agreement.
b. Conflict of Agreement with law
This Agreement shall be interpreted to consistent with the Code, and
provisions of Title 31 and 22 applicable to the conduct of elections and 8
C.C.R. 1505-1. Should there be an irreconcilable conflict between the
statutes,this agreement and the Colorado Regulations,the statutes shall first
prevail, then this agreement and lastly the Colorado Regulations.
c. Liquidated damages provision
In the event that a Court of competent jurisdiction fords 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
Page 6 of 8
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages,not as a penalty,refund all payments made,pursuant to
¶3.h of this Agreement and shall,if requested by the Jurisdiction,conduct the
next coordinated election which may include any election made necessary by
a defect in the election conducted pursuant to this Agreement with no fee
assessed to the Jurisdiction. 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:
phone: 970-737-2403 , fax: 737-2516 ,
e-mail: barbieredmond@iuno.com and
address: p 0 Box 157 Gilerest ColnrnAn 80623
Page 7 of 8
DATED this 20th day of August , 2003
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
/ O THE COUNTY OF WELD
% n-OT
Steve Moreno, Clerk and Recorder Ie~ fir% David E. Long, Chair P 1 0 2003
1861If'
000
APPROVED AS TO FORM: 0ozy. �. TEST: iL Q �u/ �1
.�U N e
Clerk to the Board of County Commissioners
VaLA—ce
v2 unty Attorney Deputy Clerk to the B
(Jurisdiction) Weld County School District RE-1
(Title) �J ekst n 9.3
APPROVED AS TO FORM Jo arbie, Superintendent
ATTEST:
jf/I\ (Title)
Attorney for Jurisdiction At C'tt., tke. a t GIC'Rro+
Page 8 of 8
F t,�
Memorandum of Intergovernmental Agreement 2003 Master
for Conduct of Coordinated Elections
Weld Co vtfy SCLool b(sfrid ke sir,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 4,2003,coordinated
election conducted pursuant to the Uniform Election Code of 1992 as amended(hereinafter"Code"),
and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement
is not intended to address or modify statutory provisions regarding voter registration,nor to address
or modify the County Clerk's duties thereunder.
WHEREAS,the Jurisdiction desires to conduct an election pursuant to its statutory authority
or to have certain items placed on the ballot at an election pursuant to its statutory authority, such
election to occur via polling place on November 4, 2003, 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:
Page 1 of 8
1. The Jurisdiction encompasses territory within Weld County and
L a v / rn e r 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 4, 2003, 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), C.R.S.
Page 2 of 8
d. Publish and post notices of election pursuant to § 1-5-205, C.R.S., and
include the information regarding the walk-in location address for application
or return of absentee ballots as set forth in paragraph 4.c of this Agreement.
e. Accept written comments for and against ballot issues pursuant to§§ 1-7-901
and 1-40-125(2)(e), C.R.S. Comments to be accepted must be filed by the
end of the business day on the Friday before the 45th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to§ 1-7-903,C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 42 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
f. Accept affidavits of intent to accept write-in candidacy up until close of
business on September 2,2003,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. Chose to publish or post within the jurisdiction any notices or ballots in
addition to notices published and posted by the County Clerk pursuant to¶
4.b herein and § 1-5-205 C.R.S.
h. Pay the sum of$.75 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 4, 2003,
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
Page 3 of 8
pursuant to¶4(g)of this Agreement. If the Jurisdiction cancels the election
before its Section 20,Article X notices are due to the County and prior to the
County Clerk incurring any expenses for the printing of the ballots, the
Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall
also be responsible for costs of recounts pursuant to § § 1-10.5-101, 1-10.5-
104 or 1-11-215 C.R.S.,except for costs collected from an"interested party"
pursuant to§ 1-10.5-106 which shall be collected by the entity conducting the
recount.
Designate an"election officer"who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
j. By approval of this Agreement, any municipality is resolving not to use the
provisions of the Municipal Election Code, except as otherwise set forth
herein or as its use is specifically authorized by the Code.
k. Mail notices pursuant to § 1-7-906(2) for active registered electors who do
not reside within the County or counties where the political subdivision is
located.
1. Carryout 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:
Page 4 of 8
a. Except as otherwise expressly provided for in this Agreement, to act as the
designated election official for the conduct of the election for the Jurisdiction
for all matters in the Code which require action by the designated election
official and as coordinated election official.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to § 1-7-
905 and 906(1),C.R.S.,and publish and post notice,as directed in§ 1-5-205,
C.R.S. Publication by the County Clerk will only be in the County legal
newspaper and the Greeley Tribune and the designated election official is
responsible for any additional notices pursuant to¶3.g herein .
c. Provide a place for earlyvoting 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 and 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 20, 2003, and ending October 31,
2003.
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 5 of 8
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.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the
Code shall apply to completion of the tasks required by this Agreement.
b. Conflict of Agreement with law
This Agreement shall be interpreted to consistent with the Code, and
provisions of Title 31 and 22 applicable to the conduct of elections and 8
C.C.R. 1505-1. Should there be an irreconcilable conflict between the
statutes,this agreement and the Colorado Regulations,the statutes shall first
prevail, then this agreement and lastly the Colorado Regulations.
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Page 6 of 8
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages,not as a penalty,refund all payments made,pursuant to
¶3.h of this Agreement and shall,if requested by the Jurisdiction,conduct the
next coordinated election which may include any election made necessary by
a defect in the election conducted pursuant to this Agreement with no fee
assessed to the Jurisdiction. 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:
phone: q70- 58,- 4, 0.5 U , fax: fl7 - a647
e-mail: Cuth,--e welcdres5. KJ2,G0.Us and
address: J/O So. Cfa1 1-e n n i of TD r, ) .S{-e /r
M ; Il ; ken Co flsg3
Page 7 of 8
DATED this /f day o f , 2003
WELD COUNTY CLERK& RECORDER BOARD OF COUNTY COMMISSIONERS
OF COUNTY OF WELD
Steve Moreno, Clerk and Recorder David$. Long, Chair SE 0 2003
E La
nq
1861
APPROVED AS TO FORM: EST: 1 9 A ' fre- 1
.
j1. Clerk to the Board of County Commissioners
71/1,‘
ounty Attome Deputy Clerk to the Boar
(Jurisdiction) (r-r 7)2-0-€3,---
a -cL(Title)/�.4.27 , --
APPROVED AS TO FORM 00 raft
ATTEST:
(Title) _ O o1GC�LxQi-46
Attorney for Jurisdiction
Page 8 of 8
•
Memorandum of Intergovernmental Agreement 2003 Master
for Conduct of Coordinated Elections
lif n(ssAi 3c franc. D15 re r CT- ,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 4,2003,coordinated
election conducted pursuant to the Uniform Election Code of 1992 as amended(hereinafter"Code"),
and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement
is not intended to address or modify statutory provisions regarding voter registration,nor to address
or modify the County Clerk's duties thereunder.
WHEREAS,the Jurisdiction desires to conduct an election pursuant to its statutory authority
or to have certain items placed on the ballot at an election pursuant to its statutory authority, such
election to occur via polling place on November 4, 2003, 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:
Page 1 of 8
1. The Jurisdiction encompasses territory within Weld County and
j.f}K 1 M£ 2 a.," /3e901 DF2 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 4, 2003, 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), C.R.S.
Page 2 of 8
d. Publish and post notices of election pursuant to § 1-5-205, C.R.S., and
include the information regarding the walk-in location address for application
or return of absentee ballots as set forth in paragraph 4.c of this Agreement.
e. Accept written comments for and against ballot issues pursuant to§§ 1-7-901
and 1-40-125(2)(e), C.R.S. Comments to be accepted must be filed by the
end of the business day on the Friday before the 45th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to§ 1-7-903,C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 42 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
f Accept affidavits of intent to accept write-in candidacy up until close of
business on September 2,2003,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. Chose to publish or post within the jurisdiction any notices or ballots in
addition to notices published and posted by the County Clerk pursuant to¶
4.b herein and § 1-5-205 C.R.S.
h. Pay the sum of$.75 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 4, 2003,
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
Page 3 of 8
pursuant to¶4(g)of this Agreement. If the Jurisdiction cancels the election
before its Section 20,Article X notices are due to the County and prior to the
County Clerk incurring any expenses for the printing of the ballots, the
Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall
also be responsible for costs of recounts pursuant to § § 1-10.5-101, 1-10.5-
104 or 1-11-215 C.R.S.,except for costs collected from an"interested party"
pursuant to§ 1-10.5-106 which shall be collected by the entity conducting the
recount.
Designate an"election officer" who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
j. By approval of this Agreement, any municipality is resolving not to use the
provisions of the Municipal Election Code, except as otherwise set forth
herein or as its use is specifically authorized by the Code.
k. Mail notices pursuant to § 1-7-906(2) for active registered electors who do
not reside within the County or counties where the political subdivision is
located.
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:
Page 4 of 8
a. Except as otherwise expressly provided for in this Agreement, to act as the
designated election official for the conduct of the election for the Jurisdiction
for all matters in the Code which require action by the designated election
official and as coordinated election official.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to § 1-7-
905 and 906(1),C.R.S.,and publish and post notice,as directed in§ 1-5-205,
C.R.S. Publication by the County Clerk will only be in the County legal
newspaper and the Greeley Tribune and the designated election official is
responsible for any additional notices pursuant to¶ 3.g herein .
c. Provide a place for early voting and application for and issuance of absentee
ballots at 1402 North 17th Avenue, Greeley, Colorado, at the office of the
Weld County Clerk and Recorder and 4209 County Road 24 %2(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 20, 2003, and ending October 31,
2003.
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 5 of 8
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.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the
Code shall apply to completion of the tasks required by this Agreement.
b. Conflict of Agreement with law
This Agreement shall be interpreted to consistent with the Code, and
provisions of Title 31 and 22 applicable to the conduct of elections and 8
C.C.R. 1505-1. Should there be an irreconcilable conflict between the
statutes,this agreement and the Colorado Regulations,the statutes shall first
prevail, then this agreement and lastly the Colorado Regulations.
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Page 6 of 8
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages,not as a penalty,refund all payments made, pursuant to
¶3.h of this Agreement and shall,if requested by the Jurisdiction,conduct the
next coordinated election which may include any election made necessary by
a defect in the election conducted pursuant to this Agreement with no fee
assessed to the Jurisdiction. 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:
phone: 970 - (a13 S0/5 , fax: 970 -1s/3-5pa
e-mail: s1MKo,.J�(P Prit. co 0, and
address: 0-info,/ StmKows<!THomfso.o S moot ThsrKt-
535 ti , Douglas AVE., LOVE_L , Go 80537
Page 7 of 8
DATED this/ day of � _ , 2003
WELD COUNTY CLERK&RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
Steve Moreno, Clerk and Recorder David E. Long, Chair EP 10 2003
APPROVED AS TO FORM: 1861 t (av' ST: Ln n /
14/61
1O
°c!e�to the Board of County Commissioners
(A/iCA'4.-
County Attorney Deputy Clerk to the Boati
(Jurisdiction) ,$t itize-u ,e
(Title)1%14. ,doa-J
APPROVED AS TO FORM e/X-62' /i-de2n, Ale-i-re
ATTEST:
X0-4- (Titl
Attorney for Jurisdiction Jt� v T
Page 8 of 8
' 9 _
:G2? F. 10: la
Memorandum of Intergovernmental Agreement 2003 Master
for Conduct of Coordinated Elections
St. Vrain Valley School Dist . ,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 4,2003, coordinated
election conducted pursuant to the Uniform Election Code of 1992 as amended(hereinafter"Code"),
and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement
is not intended to address or modify statutory provisions regarding voter registration,nor to address
or modify the County Clerk's duties thereunder.
WHEREAS,the Jurisdiction desires to conduct an election pursuant to its statutory authority
or to have certain items placed on the ballot at an election pursuant to its statutory authority, such
election to occur via polling place on November 4, 2003, 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:
Page 1 of 8
1. The Jurisdiction encompasses territory within Weld County and
Boulder , Larimer & BroomfielcCounty(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 4, 2003, 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), C.R.S.
Page 2 of 8
d. Publish and post notices of election pursuant to § 1-5-205, C.R.S., and
include the information regarding the walk-in location address for application
or return of absentee ballots as set forth in paragraph 4.c of this Agreement.
e. Accept written comments for and against ballot issues pursuant to§§ 1-7-901
and 1-40-125(2)(e), C.R.S. Comments to be accepted must be filed by the
end of the business day on the Friday before the 45th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to§ 1-7-903,C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 42 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
f. Accept affidavits of intent to accept write-in candidacy up until close of
business on September 2,2003,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. Chose to publish or post within the jurisdiction any notices or ballots in
addition to notices published and posted by the County Clerk pursuant to¶
4.b herein and § 1-5-205 C.R.S.
h. Pay the sum of$.75 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 4, 2003,
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
Page 3 of 8
pursuant to¶4(g)of this Agreement. If the Jurisdiction cancels the election
before its Section 20,Article X notices are due to the County and prior to the
County Clerk incurring any expenses for the printing of the ballots, the
Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall
also be responsible for costs of recounts pursuant to § § 1-10.5-101, 1-10.5-
104 or 1-11-215 C.R.S.,except for costs collected from an"interested party"
pursuant to§ 1-10.5-106 which shall be collected by the entity conducting the
recount.
Designate an"election officer"who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
j. By approval of this Agreement, any municipality is resolving not to use the
provisions of the Municipal Election Code, except as otherwise set forth
herein or as its use is specifically authorized by the Code.
k. Mail notices pursuant to § 1-7-906(2) for active registered electors who do
not reside within the County or counties where the political subdivision is
located.
1. 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:
Page 4 of 8
a. Except as otherwise expressly provided for in this Agreement, to act as the
designated election official for the conduct of the election for the Jurisdiction
for all matters in the Code which require action by the designated election
official and as coordinated election official.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to § 1-7-
905 and 906(1),C.R.S.,and publish and post notice,as directed in§ 1-5-205,
C.R.S. Publication by the County Clerk will only be in the County legal
newspaper and the Greeley Tribune and the designated election official is
responsible for any additional notices pursuant to¶ 3.g herein .
c. Provide a place for early voting and application for and issuance of absentee
ballots at 1402 North 17th Avenue, Greeley, Colorado, at the office of the
Weld County Clerk and Recorder and 4209 County Road 24%2(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 20, 2003, and ending October 31,
2003.
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 5 of 8
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.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the
Code shall apply to completion of the tasks required by this Agreement.
b. Conflict of Agreement with law
This Agreement shall be interpreted to consistent with the Code, and
provisions of Title 31 and 22 applicable to the conduct of elections and 8
C.C.R. 1505-1. Should there be an irreconcilable conflict between the
statutes,this agreement and the Colorado Regulations,the statutes shall first
prevail, then this agreement and lastly the Colorado Regulations.
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Page 6 of 8
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:
phone: (303) 682-7203 , fax: (303) 6R7r7343
e-mail: pillmore mark@stvrain.k12. and
co.us
address: 395 South Pratt Parkway
Longmont , CO 80501
Page 7 of 8
•
DATED this 7/ day of , 2003
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
Steve Moreno, Clerk and Recorder ,`;David E. Long, Chair SE 2003
• '
1861 Q!A /
/
APPROVED AS TO FORM: — %pi TEST: �p.9 ,a� / 1
Stffi
Clerk to the Board of County Commissioners
County Attorney 1 / Deputy Clerk to the
ST. VRAIN VALLEY SC OL DISTRICT
(Jurisdiction ��
ar � /Groff
more
(Title)
Cruet Financial Officer
APPROVED AS TO FORM
ATTEST:
v
�L-r2ac� (Title) k�'.�'C''L�'�E i Z�r.
Attorney for Jurisdiction \\
Page 8 of 8
Memorandum of Intergovernmental Agreement 2003 Master
for Conduct of Coordinated Elections
r 1. (Z
Freon 4 >101 b is-Pr ict ,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 4,2003,coordinated
election conducted pursuant to the Uniform Election Code of 1992 as amended(hereinafter"Code"),
and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement
is not intended to address or modify statutory provisions regarding voter registration,nor to address
or modify the County Clerk's duties thereunder.
WHEREAS,the Jurisdiction desires to conduct an election pursuant to its statutory authority
or to have certain items placed on the ballot at an election pursuant to its statutory authority, such
election to occur via polling place on November 4, 2003, 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:
Page 1 of 8
a -d ZELSLE7Ot6 100H0S 3INIUdd d60 :20 ED SO daS
1. The Jurisdiction encompasses territory within Weld County and
r3lq o y. County(ies). This Agreement shall be
construed to applyVnly 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 4, 2003, 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), C.R.S.
Page 2 of 8
E 'd 2ELSLEbOL6 1OOHOS 3IdIH21d d60 :20 CO SO des
d. Publish and post notices of election pursuant to § 1-5-205, C.R.S., and
include the information regarding the walk-in location address for application
or return of absentee ballots as set forth in paragraph 4.c of this Agreement.
e. Accept written comments for and against ballot issues pursuant to§§ 1-7-901
and 1-40-125(2)(e), C.R.S. Comments to be accepted must be filed by the
end of the business day on the Friday before the 45th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to§ 1-7-903,C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 42 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
f Accept affidavits of intent to accept write-in candidacy up until close of
business on September,2003,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. Chose to publish or post within the jurisdiction any notices or ballots in
addition to notices published and posted by the County Clerk pursuant to¶
4.b herein and § 1-5-205 C.R.S.
h. Pay the sum of$.75 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 4, 2003,
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
Page 3 of 8
'd ZELSLEb0L6 100H0S RIbIHad d60 :Z0 EC S❑ daS
•
pursuant to¶4(g)of this Agreement. If the Jurisdiction cancels the election
before its Section 20, Article X notices are due to the County and prior to the
County Clerk incurring any expenses for the printing of the ballots, the
Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall
also be responsible for costs of recounts pursuant to § § 1-10.5-101, 1-10.5-
104 or 1-11-215 C.R.S.,except for costs collected from an"interested party"
pursuant to§ 1-10.5-106 which shall be collected by the entity conducting the
recount.
Designate an"election officer"who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
j. By approval of this Agreement, any municipality is resolving not to use the
provisions of the Municipal Election Code, except as otherwise set forth
herein or as its use is specifically authorized by the Code.
k. Mail notices pursuant to § 1-7-906(2) for active registered electors who do
not reside within the County or counties where the political subdivision is
located.
1. 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:
Page 4 of 8
S 'd 2ELSLEfQL6 100HOS RIdIH21d dOI :20 SO SO daS
a. Except as otherwise expressly provided for in this Agreement, to act as the
designated election official for the conduct of the election for the Jurisdiction
for all matters in the Code which require action by the designated election
official and as coordinated election official.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to § 1-7-
905 and 906(1),C.R.S., and publish and post notice,as directed in § 1-5-205,
C.R.S. Publication by the County Clerk will only be in the County legal
newspaper and the Greeley Tribune and the designated election official is
responsible for any additional notices pursuant to ¶3.g herein .
c. Provide a place for early voting and application for and issuance of absentee
ballots at 1402 North 17th Avenue, Greeley, Colorado, at the office of the
Weld County Clerk and Recorder and 4209 County Road 24 1/2(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 20, 2003, and ending October 31,
2003.
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 5 of 8
9 'd 2ELSLEb0L6 100H3S 3IHIH8d d01 :20 E0 so daS
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.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the
Code shall apply to completion of the tasks required by this Agreement.
b. Conflict of Agreement with law
This Agreement shall be interpreted to consistent with the Code, and
provisions of Title 31 and 22 applicable to the conduct of elections and 8
C.C.R. 1505-1. Should there be an irreconcilable conflict between the
statutes,this agreement and the Colorado Regulations,the statutes shall first
prevail, then this agreement and lastly the Colorado Regulations.
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Page 6 of 8
L 'd 2ELSLEfrOL6 100H3S 3IdIHdd dOT :ao EO SO des
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages,not as a penalty, refund all payments made,pursuant to
¶3.h of this Agreement and shall,if requested by the Jurisdiction,conduct the
next coordinated election which may include any election made necessary by
a defect in the election conducted pursuant to this Agreement with no fee
assessed to the Jurisdiction. 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:
phone: g5U- f;?-535 ( , fax: 5732- ,
e-mail: „ix! rri Ir 2 el -Er i l , coy" and
address: .%oX d_a
f�P Lid Rar eAr Co (-0 )1 (z .
Page 7 of 8
s d 3ELSLEb0L6 100H0S RIfIbdd dOT :00 so S❑ deS
7-4
DATED this day of Sept ,46N` , 2003
WELD COUNTY CLERK&RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
Jc
Steve Moreno, Clerk and Recorder it 14 jE p®�id E. Long, Chair EP 1 0 2003
,
1861 �Nrr��
VA �ti
y Y
APPROVED AS TO FORM: `0. ST
., ' �'11 of
/ Clerk to the oard of County Commissioners
ty Attorney Deputy Clerk to the
F
0
(Jurisdiction)
(Title) Dr.7
�j2y,T
APPROVED AS TO FORM .AaL4 [`? Q !( C[ATTEST:
(Title)
Attorney for Jurisdiction
Page 8 of 8
6 •d Z(iLSLEb0LS 100HOS 3IaIH21d dOT :20 CO SO deg
,. ri 1I' 21;
Memorandum of Intergovernmental Agreement 2003 Master
for Conduct of Coordinated Elections
Platte V a t t e y c n we i d RE-Thereinafter 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 4,2003,coordinated
election conducted pursuant to the Uniform Election Code of 1992 as amended(hereinafter"Code"),
and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement
is not intended to address or modify statutory provisions regarding voter registration,nor to address
or modify the County Clerk's duties thereunder.
WHEREAS,the Jurisdiction desires to conduct an election pursuant to its statutory authority
or to have certain items placed on the ballot at an election pursuant to its statutory authority, such
election to occur via polling place on November 4, 2003, 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:
Page 1 of 8
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 4, 2003, 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), C.R.S.
Page 2 of 8
d. Publish and post notices of election pursuant to § 1-5-205, C.R.S., and
include the information regarding the walk-in location address for application
or return of absentee ballots as set forth in paragraph 4.c of this Agreement.
e. Accept written comments for and against ballot issues pursuant to§§ 1-7-901
and 1-40-125(2)(e), C.R.S. Comments to be accepted must be filed by the
end of the business day on the Friday before the 45th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to§ 1-7-903,C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 42 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
f. Accept affidavits of intent to accept write-in candidacy up until close of
business on September 2,2003,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. Chose to publish or post within the jurisdiction any notices or ballots in
addition to notices published and posted by the County Clerk pursuant to¶
4.b herein and § 1-5-205 C.R.S.
h. Pay the sum of$.75 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 4, 2003,
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
Page 3 of 8
pursuant to¶4(g)of this Agreement. If the Jurisdiction cancels the election
before its Section 20,Article X notices are due to the County and prior to the
County Clerk incurring any expenses for the printing of the ballots, the
Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall
also be responsible for costs of recounts pursuant to § § 1-10.5-101, 1-10.5-
104 or 1-11-215 C.R.S.,except for costs collected from an"interested party"
pursuant to§ 1-10.5-106 which shall be collected by the entity conducting the
recount.
Designate an "election officer"who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
j. By approval of this Agreement, any municipality is resolving not to use the
provisions of the Municipal Election Code, except as otherwise set forth
herein or as its use is specifically authorized by the Code.
k. Mail notices pursuant to § 1-7-906(2) for active registered electors who do
not reside within the County or counties where the political subdivision is
located.
1. 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:
Page 4 of 8
a. Except as otherwise expressly provided for in this Agreement, to act as the
designated election official for the conduct of the election for the Jurisdiction
for all matters in the Code which require action by the designated election
official and as coordinated election official.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to § 1-7-
905 and 906(1),C.R.S.,and publish and post notice,as directed in§ 1-5-205,
C.R.S. Publication by the County Clerk will only be in the County legal
newspaper and the Greeley Tribune and the designated election official is
responsible for any additional notices pursuant to¶ 3.g herein .
c. Provide a place for early voting and application for and issuance of absentee
ballots at 1402 North 17th Avenue, Greeley, Colorado, at the office of the
Weld County Clerk and Recorder and 4209 County Road 24'/2(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 20, 2003, and ending October 31,
2003.
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 5 of 8
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.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the
Code shall apply to completion of the tasks required by this Agreement.
b. Conflict of Agreement with law
This Agreement shall be interpreted to consistent with the Code, and
provisions of Title 31 and 22 applicable to the conduct of elections and 8
C.C.R. 1505-1. Should there be an irreconcilable conflict between the
statutes,this agreement and the Colorado Regulations,the statutes shall first
prevail, then this agreement and lastly the Colorado Regulations.
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Page 6 of 8
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages,not as a penalty,refund all payments made,pursuant to
¶3.h of this Agreement and shall,if requested by the Jurisdiction,conduct the
next coordinated election which may include any election made necessary by
a defect in the election conducted pursuant to this Agreement with no fee
assessed to the Jurisdiction. 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.
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: 970-336-8500 , fax: 970-336-8,511
e-mail: gmcclain@pvs .k12 .co.us and
address: 501 mark cfraet PO Bey 485
Kersey, Co 80644 •
Page 7 of 8
DATED this 11th day of August , 2003
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
HE COUNTY OF WELD
Steve Moreno, Clerk and Recorder doeloi. David E. Long, Chair P 10 2003
001,
1861 altos?
s?el
APPROVED AS TO FORM: �l TEST:
,� • >t // 4 ,i
``®� - Clerk to the Board of County Commissioners
ounty Attorney Deputy Clerk to the Board-A
(Jurisdiction)� l
(Title) Z2,4rc' fires d
APPROVED AS TO FORM /
ATTEST:` /
l `
(Title) &a vi Cfr`rc Ir.*�
Attorney for Jurisdiction /
Page 8 of 8
? ' AUS -7 PH I: 16
Memorandum of Intergovernmental Agreement 2003 Master
for Conduct of Coordinated Elections
Pawnee School District Re-12 , 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 4,2003, coordinated
election conducted pursuant to the Uniform Election Code of 1992 as amended(hereinafter"Code"),
and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement
is not intended to address or modify statutory provisions regarding voter registration,nor to address
or modify the County Clerk's duties thereunder.
WHEREAS,the Jurisdiction desires to conduct an election pursuant to its statutory authority
or to have certain items placed on the ballot at an election pursuant to its statutory authority, such
election to occur via polling place on November 4, 2003, 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:
Page 1 of 8
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 4, 2003, 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), C.R.S.
Page 2 of 8
d. Publish and post notices of election pursuant to § 1-5-205, C.R.S., and
include the information regarding the walk-in location address for application
or return of absentee ballots as set forth in paragraph 4.c of this Agreement.
e. Accept written comments for and against ballot issues pursuant to§§ 1-7-901
and 1-40-125(2)(e), C.R.S. Comments to be accepted must be filed by the
end of the business day on the Friday before the 45th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to § 1-7-903,C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 42 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
f. Accept affidavits of intent to accept write-in candidacy up until close of
business on September 2,2003,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. Chose to publish or post within the jurisdiction any notices or ballots in
addition to notices published and posted by the County Clerk pursuant to¶
4.b herein and § 1-5-205 C.R.S.
h. Pay the sum of$.75 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 4, 2003,
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
Page 3 of 8
pursuant to¶4(g)of this Agreement. If the Jurisdiction cancels the election
before its Section 20,Article X notices are due to the County and prior to the
County Clerk incurring any expenses for the printing of the ballots, the
Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall
also be responsible for costs of recounts pursuant to § § 1-10.5-101, 1-10.5-
104 or 1-11-215 C.R.S.,except for costs collected from an"interested party"
pursuant to§ 1-10.5-106 which shall be collected by the entity conducting the
recount.
Designate an "election officer" who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
j. By approval of this Agreement, any municipality is resolving not to use the
provisions of the Municipal Election Code, except as otherwise set forth
herein or as its use is specifically authorized by the Code.
k. Mail notices pursuant to § 1-7-906(2) for active registered electors who do
not reside within the County or counties where the political subdivision is
located.
1. 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:
Page 4 of 8
a. Except as otherwise expressly provided for in this Agreement, to act as the
designated election official for the conduct of the election for the Jurisdiction
for all matters in the Code which require action by the designated election
official and as coordinated election official.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to § 1-7-
905 and 906(1),C.R.S.,and publish and post notice,as directed in § 1-5-205,
C.R.S. Publication by the County Clerk will only be in the County legal
newspaper and the Greeley Tribune and the designated election official is
responsible for any additional notices pursuant to ¶ 3.g herein .
c. Provide a place for early voting and application for and issuance of absentee
ballots at 1402 North 17th Avenue, Greeley, Colorado, at the office of the
Weld County Clerk and Recorder and 4209 County Road 24'/s(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 20, 2003, and ending October 31,
2003.
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 5 of 8
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.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the
Code shall apply to completion of the tasks required by this Agreement.
b. Conflict of Agreement with law
This Agreement shall be interpreted to consistent with the Code, and
provisions of Title 31 and 22 applicable to the conduct of elections and 8
C.C.R. 1505-1. Should there be an irreconcilable conflict between the
statutes,this agreement and the Colorado Regulations,the statutes shall first
prevail, then this agreement and lastly the Colorado Regulations.
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Page 6 of 8
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages,not as a penalty,refund all payments made,pursuant to
¶3.h of this Agreement and shall,if requested by the Jurisdiction,conduct the
next coordinated election which may include any election made necessary by
a defect in the election conducted pursuant to this Agreement with no fee
assessed to the Jurisdiction. 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.
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: 970-895-2222 , fax:970-895-2?21
e-mail: jhurnett@netzero . net and
address: P . 0 . Box 220
Grover , CO 80729
Page 7 of 8
DATED this /Pc of , 2003
WELD COUNTY CLERK&RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
Steve Moreno, Clerk and Record::r.ei ({ d E. Long, Chair P 1 0 2003
1,
APPROVED AS TO FORM: ATTEST: !
Clerk to the Board of County Commissioners
J1/
ty Attorney Deputy Clerk to the Bo
(Jurisdiction)
(Title) Superintendent
APPROVED AS TO FORM
ATTEST:
(Title)
Attorney for Jurisdiction
Page 8 of 8
]AIT A:< r!: ! 4
Memorandum of Intergovernmental Agreement 2003 Master
for Conduct of Coordinated Elections
Bryn Ean hie fir, J 1..,Jhereinafter 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 4,2003,coordinated
election conducted pursuant to the Uniform Election Code of 1992 as amended(hereinafter"Code"),
and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement
is not intended to address or modify statutory provisions regarding voter registration,nor to address
or modify the County Clerk's duties thereunder.
WHEREAS,the Jurisdiction desires to conduct an election pursuant to its statutory authority
or to have certain items placed on the ballot at an election pursuant to its statutory authority, such
election to occur via polling place on November 4, 2003, 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:
Page 1 of 8
1. The Jurisdiction encompasses territory within Weld County and
Acla m.S 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 4, 2003, 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), C.R.S.
Page 2 of 8
d. Publish and post notices of election pursuant to § 1-5-205, C.R.S., and
include the information regarding the walk-in location address for application
or return of absentee ballots as set forth in paragraph 4.c of this Agreement.
e. Accept written comments for and against ballot issues pursuant to§§ 1-7-901
and 1-40-125(2)(e), C.R.S. Comments to be accepted must be filed by the
end of the business day on the Friday before the 45th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to§ 1-7-903,C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 42 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
f. Accept affidavits of intent to accept write-in candidacy up until close of
business on September 2,2003,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. Chose to publish or post within the jurisdiction any notices or ballots in
addition to notices published and posted by the County Clerk pursuant to¶
4.b herein and § 1-5-205 C.R.S.
h. Pay the sum of$.75 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 4, 2003,
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
Page 3 of 8
pursuant to¶4(g)of this Agreement. If the Jurisdiction cancels the election
before its Section 20,Article X notices are due to the County and prior to the
County Clerk incurring any expenses for the printing of the ballots, the
Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall
also be responsible for costs of recounts pursuant to § § 1-10.5-101, 1-10.5-
104 or 1-11-215 C.R.S.,except for costs collected from an"interested party"
pursuant to§ 1-10.5-106 which shall be collected by the entity conducting the
recount.
Designate an"election officer"who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
j. By approval of this Agreement, any municipality is resolving not to use the
provisions of the Municipal Election Code, except as otherwise set forth
herein or as its use is specifically authorized by the Code.
k. Mail notices pursuant to § 1-7-906(2) for active registered electors who do
not reside within the County or counties where the political subdivision is
located.
1. 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:
Page 4 of 8
a. Except as otherwise expressly provided for in this Agreement, to act as the
designated election official for the conduct of the election for the Jurisdiction
for all matters in the Code which require action by the designated election
official and as coordinated election official.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to § 1-7-
905 and 906(1),C.R.S.,and publish and post notice,as directed in§ 1-5-205,
C.R.S. Publication by the County Clerk will only be in the County legal
newspaper and the Greeley Tribune and the designated election official is
responsible for any additional notices pursuant to¶3.g herein .
c. Provide a place for early voting and application for and issuance of absentee
ballots at 1402 North 17th Avenue, Greeley, Colorado, at the office of the
Weld County Clerk and Recorder and 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 20, 2003, and ending October 31,
2003.
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 5 of 8
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.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the
Code shall apply to completion of the tasks required by this Agreement.
b. Conflict of Agreement with law
This Agreement shall be interpreted to consistent with the Code, and
provisions of Title 31 and 22 applicable to the conduct of elections and 8
C.C.R. 1505-1. Should there be an irreconcilable conflict between the
statutes,this agreement and the Colorado Regulations,the statutes shall first
prevail, then this agreement and lastly the Colorado Regulations.
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Page 6 of 8
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages,not as a penalty,refund all payments made,pursuant to
¶3.h of this Agreement and shall,if requested by the Jurisdiction,conduct the
next coordinated election which may include any election made necessary by
a defect in the election conducted pursuant to this Agreement with no fee
assessed to the Jurisdiction. 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:
phone: 303 k5-5 d 9.,54 , fax: D 31055-a x'7O
e-mail: tbac4. G4Ir,Lhhnesun a ufind
address: (030 5 2
-i-nn 3366
Page 7 of 8
DATED this 1,2 day of aU .,+ , 2003
WELD COUNTY CLERK&RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
JPL."_2 S
Steve Moreno, Clerk and Recorder David E. Long, Chair 2 0 2003
APPROVED AS TO FORM: I �,atta,�is A'W? Tin vile ���� �� { /l G
fir,
�;: 47to the Board of County Commissioners
ounty Attorney Deputy Clerk to the Board
(Jurisdiction)-Cc . + kAg-c-a-,
(Title) lEoa,.o Pecs td.,.+
APPROVED AS TO FORM ATTEST /
'` -�U
NA (Title) Beorol 5esro+ar,
Attorney for Jurisdiction
Page 8 of 8
so:
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 4, 2003, coordinated election
conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and
the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is
not intended to address or modify statutory provisions regarding voter registration, nor to address
or modify the County Clerk's duties thereunder.
WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory
authority or to have certain items placed on the ballot at an election pursuant to its statutory
authority, such election to occur via polling place on November 4, 2003, and
WHEREAS, the Jurisdiction agrees to conduct a coordinated election with the County
Clerk acting as the coordinated election official, and
WHEREAS, the County Clerk is the "coordinated election official" pursuant to §1-7-
116(1), C.R.S., and is to perform certain election services in consideration of performance by the
Jurisdiction of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30-
104(2), 22-31-103, and 29-1-203, et seq., C.R.S.
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree
as follows:
Vw)RCAAVol.mum ERSVCIVICACAACASHARNWo1.IleHPmof cading\Weld County IGAdoc On/20/03 ID 02 AM
1. The Jurisdiction encompasses territory within Weld and Boulder Counties. 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 4, 2003, 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), C.R.S.
2
VAORCAAVOI2V us]RS CIVIQCAACASHARCAWOII'nPmnl'uzding\Weld County IGA.doc 011/20/01 10:02 AM
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 9[ 4.c of this
Agreement.
e. Accept written comments for and against ballot issues pursuant to §§ 1-7-
901 and 1-40-125(2)(e), C.R.S. Comments to be accepted must be filed
by the end of the business day on the Friday before the 45th day before the
election. Preparation of summaries of written comments shall be done by
the jurisdiction but only to the extent required pursuant to § 1-7-903,
C.R.S. The full text of any required ballot issue notices must be
transmitted to and received by the County Clerk no less than 42 days prior
to the election. No portion of this paragraph shall require the County
Clerk to prepare summaries regarding the Jurisdiction's ballot issues.
f. Accept affidavits of intent to accept write-in candidacy up until close of
business on September 1, 2003, 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. Chose to publish or post within the jurisdiction any notices or ballots in
addition to notices published and posted by the County Clerk pursuant to 1
4.b herein and § 1-5-205 C.R.S.
h. Pay the sum of $.75 per registered elector eligible to vote in the
Jurisdiction's election as of the final date of registration prior to the
November 4, 2003, 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 $15 per day
pursuant to § 1-10-201(4), C.R.S., when the Jurisdiction designates
3
VW)RCAAVOI.2AUSEIt$VCIVIC]CAACASHAREAWOI IP.WmntrwdingAWeld County ICCA1bc‘01/20/01 II I:02 AM
persons for the Board of Canvassers pursuant to y[ 4.g of this Agreement.
If the Jurisdiction cancels the election before its Section 20, Article X
notices are due to the County and prior to the County Clerk incurring any
expenses for the printing of the ballots, the Jurisdiction shall not be
obligated for any expenses. The Jurisdiction shall also be responsible for
costs of recounts pursuant to §§1-10.5-101, 1-10.5-104 or 1-11-215
C.R.S., except for costs collected from an "interested party" pursuant to §
1-10.5-106, which shall be collected by the entity conducting the recount.
i. Designate an "election officer" who shall act as the primary liaison
between the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
j. By approval of this Agreement, any municipality is resolving not to use
the provisions of the Municipal Election Code, except as otherwise set
forth herein or as its use is specifically authorized by the Code.
k. Mail notices pursuant to § 1-7-906(2) for active registered electors who do
not reside within the County or counties where the political subdivision is
located.
1. 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. The 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
4
AORCAAVU1.2VU SIMSNCIVIC\CAACASHAHHAW(I 1OUtt nGeading\Weld County IGA.doc 08/20/01 10912 AM
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 1 3.g herein .
c. Provide a place for early voting and application for and
issuance of absentee ballots at 1402 North 17th Avenue, Greeley,
Colorado, at the office of the Weld County Clerk and Recorder and 4209
County Road 24 'h (DelCamino), Longmont, Colorado, at the substation
of the Weld County Clerk and Recorder. Early voting shall take place
during the hours of 8:00 a.m. - 5:00 p.m., Monday - Friday, starting
October 20, 2003, and ending October 31, 2003.
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
5
VAORCAAV012VUSI!RSVCIVICACAACASHARIA WOI.I LAPru,Irwding\WcId County JGA dot 08/20/0,10:02 AM
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.
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 13.h of this Agreement and shall, if requested
6
VAORCAIVOLTVUSERSVCIVIQCAACASHAREAwO1A9N'molicadina\weld County kiA.doe 08/20/03 10.02 AM
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:asantos@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) 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 day of , 2003
7
VACRCANOIBW SLRSVCIVICACAACASHARH\WO1.11Mknoittading\Weld County IGA.doc ON/20/03 10:112 AM
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
0 HE COUNTY OF WELD
J
Steve Moreno, Clerk and Rect43 r1 IE lLa\ David E. Long, Chair P 1 0 2003
1861 �9 4 Ad /it
APPROVED AS TO FO' �• -, ;� a ATTEST: /+ • A
O 4 Clerk to the Board of County
� 1j� Co issio rs
.0 ty Attorney Deputy Clerk to the Board
CITY OF LONG//ONT, COLORADO
�
APPROVED,AS TO FORM a r {lb s/c d
6
t 1 , ATTEST:
Attorne for Jurisdiction 61oNok
v
O ity Clerk
COLO>
ft / A
U —c3 .
Pro Read Date
8
VAORCAAVO12VUSERSVCIVIC\CAACASHARI9WOHLWro treadlneAWeld County ICAJoc 08/20/01 11002 AM
Memorandum of Intergovernmental Agreement 2003 Master
for Conduct of Coordinated Elections
CAA. ot L ,hereinafter referred to as "Jurisdiction," does
hereby agree and con acctwith ttheQHoard 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 4, 2003, coordinated
election conducted pursuant to the Uniform Election Code of 1992 as amended(hereinafter"Code"),
and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement
is not intended to address or modify statutory provisions regarding voter registration,nor to address
or modify the County Clerk's duties thereunder.
WHEREAS,the Jurisdiction desires to conduct an election pursuant to its statutory authority
or to have certain items placed on the ballot at an election pursuant to its statutory authority, such
election to occur via polling place on November 4, 2003, 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:
Page 1 of 8 �Z�
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 4, 2003, 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), C.R.S.
Page 2 of 8 /►A
d. Publish and post notices of election pursuant to § 1-5-205, C.R.S., and
include the information regarding the walk-in location address for application
or return of absentee ballots as set forth in paragraph 4.c of this Agreement.
e. Accept written comments for and against ballot issues pursuant to§§ 1-7-901
and 1-40-125(2)(e), C.R.S. Comments to be accepted must be filed by the
end of the business day on the Friday before the 45th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to§ 1-7-903,C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 42 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
f. Accept affidavits of intent to accept write-in candidacy up until close of
business on September 2,2003,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. Chose to publish or post within the jurisdiction any notices or ballots in
addition to notices published and posted by the County Clerk pursuant to¶
4.b herein and § 1-5-205 C.R.S.
h. Pay the sum of$.75 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 4, 2003,
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
Page 3 of 8
pursuant to¶4(g)of this Agreement. If the Jurisdiction cancels the election
before its Section 20,Article X notices are due to the County and prior to the
County Clerk incurring any expenses for the printing of the ballots, the
Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall
also be responsible for costs of recounts pursuant to § § 1-10.5-101, 1-10.5-
104 or 1-11-215 C.R.S.,except for costs collected from an"interested party"
pursuant to § 1-10.5-106 which shall be collected by the entity conducting the
recount.
Designate an "election officer" who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
j. By approval of this Agreement, any municipality is resolving not to use the
provisions of the Municipal Election Code, except as otherwise set forth
herein or as its use is specifically authorized by the Code.
k. Mail notices pursuant to § 1-7-906(2) for active registered electors who do
not reside within the County or counties where the political subdivision is
located.
1. 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:
Page 4 of 8 1 (4°
_
a. Except as otherwise expressly provided for in this Agreement, to act as the
designated election official for the conduct of the election for the Jurisdiction
for all matters in the Code which require action by the designated election
official and as coordinated election official.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to § 1-7-
905 and 906(1),C.R.S.,and publish and post notice,as directed in § 1-5-205,
C.R.S. Publication by the County Clerk will only be in the County legal
newspaper and the Greeley Tribune and the designated election official is
responsible for any additional notices pursuant to ¶ 3.g herein .
c. Provide a place for early voting and application for and issuance of absentee
ballots at 1402 North 17th Avenue, Greeley, Colorado, at the office of the
Weld County Clerk and Recorder and 4209 County Road 24'//(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 20, 2003, and ending October 31,
2003.
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 5 of 8
1
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.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the
Code shall apply to completion of the tasks required by this Agreement.
b. Conflict of Agreement with law
This Agreement shall be interpreted to consistent with the Code, and
provisions of Title 31 and 22 applicable to the conduct of elections and 8
C.C.R. 1505-1. Should there be an irreconcilable conflict between the
statutes,this agreement and the Colorado Regulations,the statutes shall first
prevail, then this agreement and lastly the Colorado Regulations.
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Page 6 of 8 C'
1
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages,not as a penalty,refund all payments made,pursuant to
¶3.h of this Agreement and shall,if requested by the Jurisdiction,conduct the
next coordinated election which may include any election made necessary by
a defect in the election conducted pursuant to this Agreement with no fee
assessed to the Jurisdiction. 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:
phone: Q70 -360 -9 74 A., , fax: 970 -3SL; -9 S Z 2
e-mail: kl o)d e RID & . 9 2eale j .co •U S and
address: tx3o 10 -eret
CieetIN , CD •
Page 7 of 8
DATED this / day of � , 2003
WELD COUNTY CLERK &RECORDER BOARD OF COUNTY COMMISSIONERS
��- OF THE COUNTY OF WELD
Steve Moreno, Clerk and Recorder ,I, -_r ck.,..d E. Long, Chair 1 0 2003
r,g6, %
it J
APPROVED AS TO FORM: \ ' v,' : i° �64
Clerk to the Board of County Commissioners
/4 z�
Co Attorney Deputy Clerk to the Boar .
(Jurisdiction) _ oTh i.,G,aL✓u tiatcw-
*ca p.
(Title)
APPROVED AS TO FORM
ATTEST:
(Title)
Attorney for Jurisdiction
Page 8 of 8
bo
MEMORANDUM OF INTERGOVERNMENTAL AGREEMENT
FOR CONDUCT OF COORDINATED ELECTIONS
2003 Master Agreement
CITY OF GREELEY, COLORADO
by
Jerry A. Wones, Mayor
ATTEST:
�Betsy D. Her, City lerk
APPROVED AS TO SUBSTANCE:
d4Leo rd A: Test, City Manager
APPROVED AS TO LEGAL FORM:
Wv`
RA
Richard P. Brady, City Atturney
APPROVED AS TO AVAILABILITY OF FUNDS:
771
Tim Nash, Dire of Finance
CC,\
_'; .�f II: I 7
Memorandum of Intergovernmental Agreement 2003 Master
for Conduct of Coordinated Elections
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 4,2003,coordinated
election conducted pursuant to the Uniform Election Code of 1992 as amended(hereinafter"Code"),
and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement
is not intended to address or modify statutory provisions regarding voter registration,nor to address
or modify the County Clerk's duties thereunder.
WHEREAS,the Jurisdiction desires to conduct an election pursuant to its statutory authority
or to have certain items placed on the ballot at an election pursuant to its statutory authority, such
election to occur via polling place on November 4, 2003, 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:
Page 1 of 8
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 4, 2003, 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), C.R.S.
Page 2 of 8
d. Publish and post notices of election pursuant to § 1-5-205, C.R.S., and
include the information regarding the walk-in location address for application
or return of absentee ballots as set forth in paragraph 4.c of this Agreement.
e. Accept written comments for and against ballot issues pursuant to§§ 1-7-901
and 1-40-125(2)(e), C.R.S. Comments to be accepted must be filed by the
end of the business day on the Friday before the 45th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to§ 1-7-903,C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 42 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
f. Accept affidavits of intent to accept write-in candidacy up until close of
business on September 2,2003,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. Chose to publish or post within the jurisdiction any notices or ballots in
addition to notices published and posted by the County Clerk pursuant to ¶
4.b herein and § 1-5-205 C.R.S.
h. Pay the sum of$.75 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 4, 2003,
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
Page 3 of 8
pursuant to¶4(g)of this Agreement. If the Jurisdiction cancels the election
before its Section 20,Article X notices are due to the County and prior to the
County Clerk incurring any expenses for the printing of the ballots, the
Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall
also be responsible for costs of recounts pursuant to § § 1-10.5-101, 1-10.5-
104 or 1-11-215 C.R.S.,except for costs collected from an"interested party"
pursuant to§ 1-10.5-106 which shall be collected by the entity conducting the
recount.
Designate an"election officer" who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
j. By approval of this Agreement, any municipality is resolving not to use the
provisions of the Municipal Election Code, except as otherwise set forth
herein or as its use is specifically authorized by the Code.
k. Mail notices pursuant to § 1-7-906(2) for active registered electors who do
not reside within the County or counties where the political subdivision is
located.
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:
Page 4 of 8
a. Except as otherwise expressly provided for in this Agreement, to act as the
designated election official for the conduct of the election for the Jurisdiction
for all matters in the Code which require action by the designated election
official and as coordinated election official.
b. Circulate the Article X, Section 20,Ballot Issues notices pursuant to § 1-7-
905 and 906(1),C.R.S.,and publish and post notice,as directed in§ 1-5-205,
C.R.S. Publication by the County Clerk will only be in the County legal
newspaper and the Greeley Tribune and the designated election official is
responsible for any additional notices pursuant to¶ 3.g herein .
c. Provide a place for early voting and application for and issuance of absentee
ballots at 1402 North 17th Avenue, Greeley, Colorado, at the office of the
Weld County Clerk and Recorder and 4209 County Road 24%2(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 20, 2003, and ending October 31,
2003.
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 5 of 8
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.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the
Code shall apply to completion of the tasks required by this Agreement.
b. Conflict of Agreement with law
This Agreement shall be interpreted to consistent with the Code, and
provisions of Title 31 and 22 applicable to the conduct of elections and 8
C.C.R. 1505-1. Should there be an irreconcilable conflict between the
statutes,this agreement and the Colorado Regulations,the statutes shall first
prevail, then this agreement and lastly the Colorado Regulations.
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Page 6 of 8
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages,not as a penalty,refund all payments made,pursuant to
¶3.h of this Agreement and shall,if requested by the Jurisdiction,conduct the
next coordinated election which may include any election made necessary by
a defect in the election conducted pursuant to this Agreement with no fee
assessed to the Jurisdiction. 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:
phone: 303-857-6694 , fax: 101-857-035,1
e-mail: cityclerk@frii.net and
address: P.O. Box 148
Fort Lupton,CO 80621
Page 7 of 8
z—
DATED this /; day of ., , 2003
WELD COUNTY CLERK&RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
%l���/ / <-r
Steve Moreno, Clerk and Recorder r/nomft David E. Long, Chair 1 0 2003
11861 i/`
1 46 MI
APPROVED AS TO FORM: _ 44,11 EST: 111 4 / lI
- ``. �� Clerk to the Board of County Commissioners
� 7/c-itrz----caer-
ty Attorney Deputy Clerk to the Boar4
(Jurisdiction) Y
CITY OF RT LUPTON
(Title) MAYOR
APPROVED AS TO FORM
ATTEST:
£i a. le
,wtiate-'^��-'C_s (Title) CITY CLERK
Attorney for Jurisdiction
Page 8 of 8
0^ 'i11: 03
Memorandum of Intergovernmental Agreement 2003 Master
for Conduct of Coordinated Elections
0 1 a m(`gpso hereinafter referred to as "Jurisdiction," does
hereby agree_an on act 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 4,2003,coordinated
election conducted pursuant to the Uniform Election Code of 1992 as amended(hereinafter"Code"),
and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement
is not intended to address or modify statutory provisions regarding voter registration,nor to address
or modify the County Clerk's duties thereunder.
WHEREAS,the Jurisdiction desires to conduct an election pursuant to its statutory authority
or to have certain items placed on the ballot at an election pursuant to its statutory authority, such
election to occur via polling place on November.4, 2003, 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:
Page 1 of 8
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 4, 2003, 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), C.R.S.
Page 2 of 8
d. Publish and post notices of election pursuant to § 1-5-205, C.R.S., and
include the information regarding the walk-in location address for application
or return of absentee ballots as set forth in paragraph 4.c of this Agreement.
e. Accept written comments for and against ballot issues pursuant to§§ 1-7-901
and 1-40-125(2)(e), C.R.S. Comments to be accepted must be filed by the
end of the business day on the Friday before the 45th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to§ 1-7-903,C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 42 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
f. Accept affidavits of intent to accept write-in candidacy up until close of
business on September 2,2003,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. Chose to publish or post within the jurisdiction any notices or ballots in
addition to notices published and posted by the County Clerk pursuant to¶
4.b herein and § 1-5-205 C.R.S.
h. Pay the sum of$.75 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 4, 2003,
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
Page 3 of 8
pursuant to¶4(g) of this Agreement. If the Jurisdiction cancels the election
before its Section 20,Article X notices are due to the County and prior to the
County Clerk incurring any expenses for the printing of the ballots, the
Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall
also be responsible for costs of recounts pursuant to § § 1-10.5-101, 1-10.5-
104 or 1-11-215 C.R.S.,except for costs collected from an"interested party"
pursuant to§ 1-10.5-106 which shall be collected by the entity conducting the
recount.
Designate an"election officer" who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
j. By approval of this Agreement, any municipality is resolving not to use the
provisions of the Municipal Election Code, except as otherwise set forth
herein or as its use is specifically authorized by the Code.
k. Mail notices pursuant to § 1-7-906(2) for active registered electors who do
not reside within the County or counties where the political subdivision is
located.
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:
Page 4 of 8
a. Except as otherwise expressly provided for in this Agreement, to act as the
designated election official for the conduct of the election for the Jurisdiction
for all matters in the Code which require action by the designated election
official and as coordinated election official.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to § 1-7-
905 and 906(1),C.R.S.,and publish and post notice,as directed in§ 1-5-205,
C.R.S. Publication by the County Clerk will only be in the County legal
newspaper and the Greeley Tribune and the designated election official is
responsible for any additional notices pursuant to ¶ 3.g herein .
c. Provide a place for early voting and application for and issuance of absentee
ballots at 1402 North 17th Avenue, Greeley, Colorado, at the office of the
Weld County Clerk and Recorder and 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 20, 2003, and ending October 31,
2003.
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 5 of 8
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.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the
Code shall apply to completion of the tasks required by this Agreement.
b. Conflict of Agreement with law
This Agreement shall be interpreted to consistent with the Code, and
provisions of Title 31 and 22 applicable to the conduct of elections and 8
C.C.R. 1505-1. Should there be an irreconcilable conflict between the
statutes,this agreement and the Colorado Regulations,the statutes shall first
prevail, then this agreement and lastly the Colorado Regulations.
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Page 6 of 8
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages,not as a penalty,refund all payments made,pursuant to
¶3.h ofthis 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 ofthis 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:
phone: , fax:
e-mail: and
address:
Page 7 of 8
•
DATED this /F) day of_(-„4:2;71 , 2003
WELD COUNTY CLERK&RECORDER BOARD OF COUNTY COMMISSIONERS
O_E COUNTY OF WELD
Steve Moreno, Clerk and Recorder 400'��.;, id E. Long, Chair S' P 1 0 2003
•1861t1It
APPROVED AS TO FORM: A oil
e� Friavv
—"u 'nerk to the Board of County Commissioners
rte_
unty Attorney Deputy Clerk to the Boar
(Jurisdiction) L.2_
(Title) aveJ
APPROVED AS TO FORM `
ATTEST: - fic
(Title) Ct eitsAk
Attorney for Jurisdiction
Page 8 of 8
25 :111: 2?
Memorandum of Intergovernmental Agreement 2003 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 4,2003,coordinated
election conducted pursuant to the Uniform Election Code of 1992 as amended(hereinafter"Code"),
and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement
is not intended to address or modify statutory provisions regarding voter registration,nor to address
or modify the County Clerk's duties thereunder.
WHEREAS,the Jurisdiction desires to conduct an election pursuant to its statutory authority
or to have certain items placed on the ballot at an election pursuant to its statutory authority, such
election to occur via polling place on November 4, 2003, 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:
Page 1 of 8
1. The Jurisdiction encompasses territory within Weld County and
ADAMS 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 4, 2003, 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), C.R.S.
Page 2 of 8
d. Publish and post notices of election pursuant to § 1-5-205, C.R.S., and
include the information regarding the walk-in location address for application
or return of absentee ballots as set forth in paragraph 4.c of this Agreement.
e. Accept written comments for and against ballot issues pursuant to§§ 1-7-901
and 1-40-125(2)(e), C.R.S. Comments to be accepted must be filed by the
end of the business day on the Friday before the 45th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to § 1-7-903,C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 42 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
f. Accept affidavits of intent to accept write-in candidacy up until close of
business on September 2,2003,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. Chose to publish or post within the jurisdiction any notices or ballots in
addition to notices published and posted by the County Clerk pursuant to¶
4.b herein and § 1-5-205 C.R.S.
h. Pay the sum of$.75 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 4, 2003,
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
Page 3 of 8
pursuant to¶4(g)of this Agreement. If the Jurisdiction cancels the election
before its Section 20,Article X notices are due to the County and prior to the
County Clerk incurring any expenses for the printing of the ballots, the
Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall
also be responsible for costs of recounts pursuant to § § 1-10.5-101, 1-10.5-
104 or 1-11-215 C.R.S.,except for costs collected from an"interested party"
pursuant to§ 1-10.5-106 which shall be collected by the entity conducting the
recount.
Designate an"election officer"who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
j. By approval of this Agreement, any municipality is resolving not to use the
provisions of the Municipal Election Code, except as otherwise set forth
herein or as its use is specifically authorized by the Code.
k. Mail notices pursuant to § 1-7-906(2) for active registered electors who do
not reside within the County or counties where the political subdivision is
located.
1. 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:
Page 4 of 8
a. Except as otherwise expressly provided for in this Agreement, to act as the
designated election official for the conduct of the election for the Jurisdiction
for all matters in the Code which require action by the designated election
official and as coordinated election official.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to § 1-7-
905 and 906(1),C.R.S.,and publish and post notice,as directed in§ 1-5-205,
C.R.S. Publication by the County Clerk will only be in the County legal
newspaper and the Greeley Tribune and the designated election official is
responsible for any additional notices pursuant to¶ 3.g herein .
c. Provide a place for early voting and application for and issuance of absentee
ballots at 1402 North 17th Avenue, Greeley, Colorado, at the office of the
Weld County Clerk and Recorder and 4209 County Road 24'V2(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 20, 2003, and ending October 31,
2003.
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 5 of 8
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.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the
Code shall apply to completion of the tasks required by this Agreement.
b. Conflict of Agreement with law
This Agreement shall be interpreted to consistent with the Code, and
provisions of Title 31 and 22 applicable to the conduct of elections and 8
C.C.R. 1505-1. Should there be an irreconcilable conflict between the
statutes,this agreement and the Colorado Regulations,the statutes shall first
prevail, then this agreement and lastly the Colorado Regulations.
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Page 6 of 8
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages,not as a penalty,refund all payments made,pursuant to
¶3.h of this Agreement and shall,if requested by the Jurisdiction,conduct the
next coordinated election which may include any election made necessary by
a defect in the election conducted pursuant to this Agreement with no fee
assessed to the Jurisdiction. 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:
phone: 303-655-2012 , fax:303-655-2158
e-mall: khorknwski@ri hrightnn rn ne and
address: Karen Borkowski, City Clerk. City of Brighton_
22 S. 4th Avenue, Brighton, CO 80601
Page 7 of 8
DATED this 2day of c.SP��T , 2003
WELD COUNTY CLERK&RECORDER BOARD OF COUNTY COMMISSIONERS
O THE COUNTY OF WELD
)7h
Steve Moreno, Clerk and Recorder , David E. Long, Chair SEP 1 0 2003 rtrt
APPROVED AS TO FORM: jg61 `` '"W .T: Atli/ / l2264
erk to the Board of County Commissioners
( LY
my Attorney Deputy Clerk to the Bow
(Jurisdiction) ze Tar",
(Title) Or
APPROVED AS TO FORM J
ATTEST: flap 1ZC
Qt S13 (Title) 6{ (b,-i 1/u &J a,«L., re,to--
Atto me or Jurisdiction
`
Page 8 of 8
Hello