HomeMy WebLinkAbout940829.tiff RESOLUTION
RE: APPROVE FORM FOR 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 a 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 a 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.
/ v ��aa� BOARD OF COUNTY COMMISSIONERS
ATTEST WELD COUNTY, COLORADO
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jyi Weld County Clerk to the Board h /� eA` 4 �i
W. H. Webster, hai man
BY: 411,1.,4--/111"Deputy C o he Boar Dale(K. Hall, r Tem
APPR AS TO FORM: /-7 c / A-
j /�G/�e/�/orVE. Baxter
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✓/ County At orne tance L./Harber
Co �! ,e/--
Barbara
J. Ki meyer
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7/18/94
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
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, 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 HB 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.
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NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree
as follows:
1. The Jurisdiction encompasses territory within Weld County and
Aid-rice 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 candidates 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; 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 Municipal
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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
application 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 issues.
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. §§ 1-4-
1101 and 1102.
j. Prepare text, identify number and place for publication of measures and/or
notice of election and mailing, as required, and advise County Clerk
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pursuant to C.R.S. § 1-40-125, 8 C.C.R. 1505-1 § 5.6.1., and §§ 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 registration prior to the November 8, 1994
election, with a $200 minimum. 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 C.R.S. 1-10-201(4)
when the Jurisdiction designates persons for the Board of Canvassers
pursuant to § 4(g) of this Agreement.
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.
A 4dn1Q7o
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.
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
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Jurisdiction as of the effective date of cutoff for registration, identify the
members of the Board of Canvassers eligible for receiving a fee, and bill
the Jurisdiction.
e. Designate a "contact" to act as a primary liaison or contact between the
Jurisdiction and the County Clerk.
f. The County Clerk shall appoint and train election judges and this power
shall be delegated by the Jurisdiction to the County Clerk, to the extent
required or allowed by law.
g. Select and Appoint a Board of Canvassers to canvass the votes; provided
that the Jurisdiction, at its option, may designate one of its members and
one eligible elector from the jurisdiction to assist the County Clerk in the
survey of the returns for that jurisdiction. If the Jurisdiction desires to
appoint one of its members and an eligible elector to assist, it shall make
those appointments, and shall notify the County Clerk in writing of those
appointments not later than 15 days prior to the election. The County
Clerk shall receive and canvass all votes, and shall certify the results in
the time and manner provided and required by the Code. All recounts
required by the Code 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
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amended pursuant to HB 94-1286 in which case the provisions of statute
shall prevail 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.
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f. Notice shall be given by Jurisdiction to the Clerk at phone: 353-3840,
Extension 3100, fax number: 353-1964, address: P.O. Box 459, Greeley,
CO 80632; and the Jurisdiction notice shall be given to the Jurisdiction at
PHONE: (303) 659-4050, ext 230
FAX: (303) 659-4844
ADDRESS: 22 South 4th Avenue, Brighton, CO 80601
DATED this n1LSday of ;Ar it. /Y1/_1,1 199`x.
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
CLEA, OAAA:+0.0 o_n T At *() ( ) Jn11 /0
ar M AnlyFeuerstein W. H. Webster, Chairman 1/10/9g`
APPROVED AS TO FORM: ATTEST: /01244
Clerk to the Board of County Commissioners
iLDeputy Clerk t the Board
(Jurisdiction) CITY OF BRIGHTON
(Title) (;)y .— y/t� Z_
DONALD A. HANSTRA,. MAYOR
APPROVED AS TO FORM: Al l'EST:
,t) s\OI\J (Title)
MAR THOMAS, ITY CLERK
Attome for Jurisdiction
A:WGMT.94
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