HomeMy WebLinkAbout930914.tiff WrtLC jNTY CLERK
RECEIVED
SEP 0 2 1993
GREELEY,CO Thompson School District R2-J
Version
Windsor School Version
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
Thompson School District R2-J , hereinafter referred to
as "Jurisdiction" , does hereby agree and contract with the Board of
County Commissioners of the County of Weld, hereinafter the
"Commissioners" and the Weld County Clerk and Recorder, hereinafter
referred to as "County Clerk" concerning the administration of the
November 2 , 1993 coordinated mail ballot election conducted
pursuant to the Uniform Election Code of 1992 as amended by HB 93-
1255 and SB 93-135, (hereinafter "Code" ) , and the rules and
regulations promulgated thereunder, 8 C .C.R. 1505-1 . This
Agreement is not intended to address or modify statutory provisions
regarding voter registration.
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 2, 1993 , and
WHEREAS, the County Clerk has chosen to conduct the
November 2, 1993 election by mail, and
WHEREAS, the Jurisdiction agrees to conduct a coordinated mail
ballot election coordinated by the County Clerk, and
WHEREAS, the County Clerk as the "coordinated election
official" pursuant to 8 C.C.R. 1505-1 SS 5 . 1 .4 and 5 .2 . 1 has agreed
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 SS 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 and
Larimer and Boulder Counties Diainty. This Agreement
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shall be construed to apply only to that portion of the
Jurisdiction within Weld County.
2 . Term of Agreement
a. This Agreement is intended only to deal with the
conduct of the November 2 , 1993 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.
b. Check signatures on initiated petitions and
determine 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, C.R.S.
d. Issue call for nominations for non-partisan
elections, where applicable, pursuant to § 1-5-204,
C .R.S . , and 8 C.C.R. 1505-1 § 5 .5 . 1 .
e. Provide approved candidate nominating petitions,
purusuant to § 1-4-903 C.R.S. together with
instructions tO petition circulators .
f . Receive notice of intent to be candidate forms to
be filed purusant to § 22-31-107 (2 ) , C.R.S.
g. Accept for filing the petitions for nomination,
affidavit of circulator and acceptance of
nomination by candidate pursuant to §§ 1-4-804 ( 1) ,
1-4-906 , and 1-4-907 .
h. Verify signatures on nominating petitions and hear
any protests of the nominating petitions within
five days after the petitions are filed, pursuant
to §S 1-4-501 ( 1) , 1-4-908 ( 1) ( 3 ) , and 1-4-909,
C.R.S .
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i . Establish order of names and questions for
Jurisdiction' s portion of the ballot, pursuant to
§§ 1-5-406 and 1-5-407 , C .R. S . , and 8 C.C.R. 1505-1
§§ 5 . 4 . 2 and 5 . 4 . 3 .
j . Certify ballot content, including a list of
candidates, ballot title, and text, to County Clerk
at least 55 days prior to election, pursuant to §
1-1-110 ( 3 ) and 8 C.C.R. 1505-1 §§ 5 .4 . 1 and 5 . 4 . 2 .
k. Prepare for publication and timely provide to the
County Clerk text of notices or calls of election
of candidates or of measures and advise County
Clerk of number and place of any publication
required, if any, pursuant to 8 C.C.R. 1505-1 § 5 . 5
and the Jurisdiction' s requirements .
1 . Accept written comments for and against ballot
issues pursuant to C.R. S . § 1-40-125 (2 ) (e) and
8 C.C.R. 1505-1 § 5 .4 . 4 . 2 and provide a copy of
comments filed in support with respect to Article
X, Section 20 of the Colorado Constitution ballot
issues to the proponents pursuant to 8 C.C.R. 1505-
1 § 5 . 4 . 4 . 3, no later than the Friday prior to the
30 days prior to the election. Accept summaries of
comments filed in support at least 28 days prior to
the election by 3 p.m. from the proponents pursuant
to 8 C.C.R. 1505-1 § 5 . 4 . 4 . 5 . Prepare a summary of
comments in opposition and submit both summaries to
the County Clerk by close of business 25 days prior
to the election, pursuant to 8 C .C.R. 1505-1 §S
5 . 4 .4 . 6 and 5 . 4 . 4 . 7 and § 1-7-116 ( 4) .
m. Accept affidavits of intent to be write-in
candidate up to 26 days prior to the election and
provide a list of valid affidavits received to the
County Clerk pursuant to C.R. S . § 1-4-1102 .
n. Prepare Article X, Section 20, Colorado Constitu-
tion notices and submit them to the County Clerk at
least 25 days prior to the election. Prepare
text, identify number and place for publication of
measures and/or notice of election, if required,
and advise County Clerk pursuant to C.R.S . § 1-40-
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124 and 8 C .C.R. 1505-1 S. 5 . 6 . 1 .
o. 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 2 ,
1993 election, with a $200 minimum, plus any
additional costs pursuant to 8 C .C. R. 1505-1 §
5 . 4 . 2 . 2 , within 30 days of billing, regardless of
whether or not the election is actually held.
P. 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.
r. Approval of this Agreement shall constitute
approval of the mail ballot plan attached as
Exhibit "A" .
s . By approval of this Agreement, any municipality is
resolving not to use the provisions of the
Municipal Election Code.
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 pursuant to
8 C.C.R. 1505-1 § 5 .2 .
b. Obtain approval of the mail ballot plan Exhibit "A"
from the Secretary of State including all
participating Jurisdictions, pursuant to 8 C.C.R.
1505-1 S 10 . 1 .4 .
c . Circulate Article X, Section 20 of the Colorado
Constitution notice as needed by insertion in the
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mail ballot pursuant to § 1-40-125 ( 2 ) , C.R. S . and 8
C .C.R. 1505-1 § 5 . 6 . 1 . 1 . and arrange for publica-
tion as directed by the Jurisdiction, pursuant to
paragraph 3 ( 1 ) and (n) of this Agreement .
d. Mail ballot packets pursuant to § 1-7 . 5-107 ( 3 ) (a)
and 8 C.C.R. 1505-1 S. 10 . 7 between 25 and 15 days
prior to the date of election and provide replace-
ment ballots , pursuant to § 1-7 .5-107 (c) and (d) ,
C.R.S . , and 8 C .C .R. 1505-1 §§ 10 . 10 . 1(b) , 10 . 11,
and 10 . 13 , as appropriate.
e. Provide absentee ballots, pursuant to § 1-7 . 5-108 ,
C.R. S . , and 8 C.C.R. 1505-1 §§ 10 . 8 and 11, as
appropriate.
f . Give notice to Jurisdiction of the number of
registered electors within the Jurisdiction as of
the effective date of cutoff for registration and
bill Jurisdiction at the rate of $ .25 per
registered elector, with a $200 minimum, for the
services pursuant to this Agreement.
g. Designate a "contact" to act as a primary liaison
or contact between the Jurisdiction and the County
Clerk.
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
In the event that any provision in this Agreement
conflicts with the Code or any other statute or
valid prior resolution duly adopted by the
Jurisdiction, this Agreement shall be modified to
conform to such law or resolution, but no
subsequent resolution of the Jurisdiction nor of
the County shall impair the rights of the County
Clerk or the Jurisdiction hereunder without the
consent of the other party to this Agreement.
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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-o
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: (303) 669-3940
fax: (303) 667-2141 , address :
535 Douglas Avenue, Loveland CO 80537
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DATED this 1st day of September , 1993 .
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
% OF THE COUNTY OF WELD
l/ ' `� � wA.An -i+'��JlJtl.v�
ar,y^\r Ar[ Feuerstein onstance L. Harbert, Chairman
APPROVED AS TO FORM: ATTEST: //L/AvVi/
Clerk to the Board of County
Commissioners
Co torney Deputy Cle to the oard
Thompson School District R2-J
Jurisdiction
ATTEST:
Attorney for Jurisdiction �)
elections.gjb
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