HomeMy WebLinkAbout940834.tiff RESOLUTION
RE: APPROVE FORM FOR GREELEY/LONGMONT VERSION OF MEMORANDUM OF
INTERGOVERNMENTAL AGREEMENT FOR CONDUCT OF COORDINATED ELECTIONS AND
AUTHORIZE CHAIRMAN TO SIGN AGREEMENTS WITH VARIOUS ENTITIES
WHEREAS, the Board of County Commissioners of Weld County, Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested
with the authority of administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a form for the Greeley/Longmont
Version of Memorandum of Intergovernmental Agreement for Conduct of Coordinated
Elections, to be executed between the Board of County Commissioners of Weld
County on behalf of the Weld County Clerk and Recorder, and various entities
throughout Weld County, concerning the administration of the November 8, 1994,
election, with the terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve the form of
said agreement, a copy of which is attached hereto and incorporated herein by
reference, and authorize the Chairman to sign agreements with various entities.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the form for the Greeley/Longmont Version of Memorandum
of Intergovernmental Agreement for Conduct of Coordinated Elections, to be
executed between the Board of County Commissioners of Weld County on behalf of
the Weld County Clerk and Recorder, and various entities throughout Weld County,
concerning the administration of the November 8, 1994, election, be, and hereby
is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign said agreements.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 7th day of September, A.D. , 1994.
ii,ate4
�V BOARD OF COUNTY COMMISSIONERS
ATTEST: GG� WELD COUNTY, COLORADO
' ;r'Weld County Clerk to th Board gy/ , "
W. H. Webster, C irman
BY: I
eputy o the Board Dale K. Hall, Pro- m
APPROVED AS TO FORM: /- e
George. Baxter
County A torney Constance L. Harbert
arbara J. Kirkm yer
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Longmont Version
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, herein-
after referred to as "County Clerk" , concerning the administration
of the November 8 , 1994 coordinated election conducted pursuant to
the Uniform Election Code of 1992 as amended by HE 93-1255 , SB 93-
135 , HB 94-1286 (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, or 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 on November 8, 1994 , 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 C.R. S . § 1-7-116 ( 1) and is to perform certain
election services in consideration of performance by the Juris-
diction of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§ 1-7-
116 , 22-31-103, and 29-1-203, et seq. , C.R.S .
NOW, THEREFORE, in consideration of the mutual covenants
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herein, the parties agree as follows :
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 8, 1994 election.
3 . The Jurisdiction agrees to perform the following tasks
and activities :
a . Receive initiated petitions for local ballot issues
where authorized by law, pursuant to § 1-40-109 ( 2) ,
C.R. S . , and make determinations as to form.
b. Check signatures on initiated petitions and deter-
mine and issue, where appropriate, a statement of
sufficiency, pursuant to § 1-40-118 ( 1) , C.R. S .
c . Defend against protests filed with the District
Court, pursuant to § 1-40-118 through 120 , C.R.S .
d. Publish notice of a call for nominations for non-
partisan elections, where applicable, pursuant to
§ 1-5-204 , C.R.S .
e. To do all tasks required by law of designated
election officials concerning nomination of candi-
dates by petition, including, but not limited to:
issue approval as to form, where appropriate, of
nominating petition; receive candidate acceptance
of nominations; accept notice of intent, petitions
for nomination, and affidavits of circulators;
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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 , § 22-31-107 ,
C .R. S . , and those portions of the Colorado Munici-
pal Election Code of 1965, Article X of Title 31 as
adopted by reference pursuant to § 1-4-805 , C .R. S .
f . Establish order of names and questions for Juris-
diction' s portion of the ballot and submit to the
County Clerk. The ballot content, including a list
of candidates, ballot title, and text, must be
certified to the County Clerk at least 55 days
prior to the election, pursuant to §§ 1-1-110 ( 3)
and 1-5-203 ( 3) , C .R. S .
g. 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 applica-
tion or return of absentee ballots as set forth in
paragraph 4 .c of this Agreement.
h. Accept written comments for and against ballot
issues pursuant to C.R. S . §§ 1-7-901 and 1-40-
125 (2) (e) . Comments to be accepted must be filed
by the end of the business day on the Friday before
the 30th 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 25
days prior to the election. No portion of this
paragraph shall require the County Clerk to prepare
summaries regarding the Jurisdiction' s ballot
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issues .
i . Accept affidavits of intent to accept write-in
candidacy and provide a list of valid affidavits
received to the County Clerk pursuant to C.R. S .
§S 1-4-1101 and 1102 .
j . Prepare text, identify number and place for publi-
cation of measures and/or notice of election and
mailing, as required, and advise County Clerk
pursuant to C.R. S . § 1-40-125 , 8 C.C.R. 1505-1 S.
5 . 6 . 1 . , and §S 1-7-905 and 1-7-906 ( 1) .
k. Pay the sum of $ . 25 per registered elector eligible
to vote in the Jurisdiction' s election as of the
final date of registration prior to the November 8,
1994 election, with a $200 minimum, within 30 days
of billing, regardless of whether or not the
election is actually held. Notwithstanding the
foregoing, for any election which does not involve
a ballot issue requiring Article X, Section 20
notices , Jurisdiction shall be liable for $ . 15 per
registered elector eligible to vote in the Juris-
diction' s election as of the final date of regis-
tration prior to the November 8 , 1994 election,
with a $200 minimum. Notwithstanding the fore-
going, there shall be no cost to the Jurisdiction
y if there are no registered voters in the Weld
j County portion of the jurisdiction and the County
Clerk has not performed any duties on behalf of the
` Jurisdiction as a result. In addition, Jurisdic-
tion shall also reimburse County Clerk for payment
of members of the Board of Canvassers, eligible to
be paid, the sum of $15 per day pursuant to C.R. S .
1-10-201 (4) when the Jurisdiction designates
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persons for the Board of Canvassers pursuant to
§ 4 (g) of this Agreement.
1 . 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.
m. 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.
n. 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.
o . Confirm precincts and polling places for non-
partisan elections in accordance with C.R. S . § 1-5-
102 , which polling places and precincts shall be
the same as those established by the County Clerk
and Commissioners for partisan elections unless
specifically exempted by separate written agreement
with the Commissioners and County Clerk and then
only if use of the same precincts and polling
places is impossible and the Jurisdiction pays any
added costs .
p. Carry out all actions necessary for cancellation of
an election including notice pursuant to C . R. S . §
1-11-103 .
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4 . Duties of County Clerk
Agrees to perform the following tasks and activities :
a . Except as otherwise expressly provided for in this
Agreement, to act as the designated election
official for the conduct of the election for the
Jurisdiction for all matters in the Code which
require action by the designated election official
and as coordinated election official .
b. Circulate the Article X, Section 20, Ballot Issues
notices pursuant to C.R.S . § 1-7-905 and 906 ( 1) and
provide for their publication as directed by the
Jurisdiction. Provide postcard or publication
notice, if required under C.R. S . § 1-5-206 , as
directed by the Jurisdiction.
c . Provide a place for early voting and application
for and issuance of absentee ballots at 1402 N.
17th Avenue, Greeley, Colorado, at the office of
the Weld County Clerk and Recorder. Early voting
shall take place during the hours of 8 : 30 a .m. -
4 : 30 p.m. , Monday Friday starting October 17 ,
1994 and ending November 4, 1994 .
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
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Clerk.
f . The County Clerk shall appoint and train election
judges and this power shall be delegated by the
Jurisdiction to the County Clerk, to the extent
required or allowed by law.
g. Select and Appoint a Board of Canvassers to canvass
the votes ; provided that the Jurisdiction, at its
option, may designate one of its members and one
eligible elector from the jurisdiction to assist
the County Clerk in the survey of the returns for
that jurisdiction. If the Jurisdiction desires to
appoint one of its members and an eligible elector
to assist, it shall make those appointments, and
shall notify the County Clerk in writing of those
appointments not later than 15 days prior to the
election. The County Clerk shall receive and
canvass all votes, and shall certify the results in
the time and manner provided and required by the
Code. All recounts required by the Code 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
Portions of 8 C.C.R. 1505-1 may be inconsistent
with the Code as amended pursuant to HB 94-1286 in
which case the provisions of statute shall prevail
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and the provisions of the Code shall prevail .
c . Liquidated damages provision
In the event that a Court of competent jurisdiction
finds that the election for the Jurisdiction was
void or otherwise fatally defective as a result of
the sole negligence or failure of the County Clerk
to perform in accordance with this Agreement or
laws applicable thereto, then the County Clerk
shall, as liquidated damages , not as a penalty,
refund all payments made, pursuant to paragraph 3-j
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 County
Clerk at phone: 353-3840, Extension 3100, fax
number: 353-1964 , address : P.O. Box 459 , Greeley,
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CO 80632 ; and the Jurisdiction notice shall be
given to the Jurisdiction at phone:
fax: , address :
•
DATED this day of , 1994 .
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
Mary Ann Feuerstein W. H. Webster, Chairman
APPROVED AS TO FORM: ATTEST:
Clerk to the Board of County
Commissioners
County Attorney Deputy Clerk to the Board
CITY OF LONGMONT
(Title)
APPROVED AS TO FORM ATTEST:
(Title)
Attorney for Jurisdiction
ialongmont.gjb
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