HomeMy WebLinkAbout940874.tiff Northglenn Version
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
CITY OF NORTHGLENN, 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, 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 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 §S 1-7-
116 , 22-31-103, and 29-1-203, et seq. , C.R.S.
NOW, THEREFORE, in consideration of the mutual covenants
herein, the parties agree as follows :
1 . The Jurisdiction encompasses territory within Weld County
and Adams County. This Agreement shall be construed to
apply only to that portion of the Jurisdiction within
Weld County.
2 . Term of Agreement: This Agreement is intended only to
deal with the conduct of the November 8, 1994 election.
3 . The Jurisdiction agrees to perform the following tasks
and activities :
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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 S 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. Establish order of questions for Jurisdiction's
portion of the ballot and submit to the County
Clerk. The ballot content, including a list,
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.
e. 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.
f. 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 .
g. 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
§ 5 . 6 . 1 . , and SS 1-7-905 and 1-7-906 ( 1) .
h. 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
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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. 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 S 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 ballots,
the Jurisdiction shall not be obligated for any
expenses.
i . Designate an "election officer" who shall act as
the primary liaison between the Jurisdiction and
the County Clerk and who will have primary respons-
ibility for the conduct of election procedures to
be handled by the Jurisdiction hereunder.
j . By approval of this Agreement, the Jurisdiction is
resolving not to use the provisions of the
Municipal Election Code, to the extent that it
conflicts with the conditions set forth herein.
k. Mail notices pursuant to S 1-7-906 (2 ) for active
registered electors who do not reside within the
County or counties where the political subdivision
is located.
1 . Confirm precincts and polling places for non-
partisan elections in accordance with C.R.S . 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 .
m. Carry out all actions necessary for cancellation of
an election including notice pursuant to C.R.S.
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. 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. 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. Without first requiring receipt of written request
from the Jurisdiction, 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. 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.
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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
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 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: 451-8326, fax: 450-
8708, address : 11701 Community Center Drive,
Northglenn, CO 80233 .
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DATED this �5" day of `�2 , 1994 .
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE
COUNTY OF WELD
0
Mary Anq Feuerstein W. H. Webster, Chairman q/ja./99
APPROVED AS TO FORM: ATTEST 1 Ad%Clerk to the Board County
CCoommissioners
Co y ttorne eput le o the Board
CITY OF NORTHGLENN
D. L. Parsons, Mayor
APPROVED AS TO FORM: ATTEST:
Herbert C. Phillips City rk
ianorthglenn.gjb
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