HomeMy WebLinkAbout940833.tiff RESOLUTION
RE: APPROVE FORM FOR EATON/EVANS 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 Eaton/Evans
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 Eaton/Evans 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.
Ada4,e4 BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
tothWeld County Clerk to the '� j � �` ,/, ejt-�
W H. Webster, Chairman
BY:
Deputy Cle to the Boa di' Dale K. Hall, Pr yTem
APPROVED AS TO FORM: " Ti ��
Geor E. Baxter
County Attorne Constance L. Harbert
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arbara ara J.J. Kirk yer
940833
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Eaton/Evans Version
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
, 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 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
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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
Jurisdiction 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
herein, the parties agree as follows:
1 . The Jurisdiction encompasses territory within Weld
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 :
a. Receive initialed petitions for local ballot issues
where authorized by law, pursuant to § 1-40-109 (2) ,
C.R. S. , and make determinations as to form.
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b. Check signatures on initiated petitions and
determine 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 seven
( 7 ) member board of directors pursuant to 32-1-
305 . 5 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 Election Code of 1965,
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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
Jurisdiction'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 §S 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. if 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
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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 .
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 . if
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
pursuant to C.R. S. § 1-40-125, 8 C.C.R. 1505-1 §
5 . 6 . 1 . , and if 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
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a ballot issue requiring Article X, Section 20
notices, Jurisdiction shall be liable for $ . 15 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. 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.
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.
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n. Mail notices pursuant to S 1-7-906(2) for active
registered electors who do not reside within the
County or counties where the Jurisdiction is
located.
o. 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 .
P. Carry out all actions necessary for cancellation of
an election including notice pursuant to C.R.S. S
1-11-103 .
4 . Duties of County Clerk
Agrees to perform the following tasks and activities :
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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,
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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
the 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
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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 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 negligence (at least 51%) or failure of the
County Clerk to perform in accordance with this
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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:
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353-1964, address: P.O. Box 459, Greeley, Colorado
80632; and the Jurisdiction notice shall be given
to the Jurisdiction at
PHONE:
FAX:
ADDRESS:
DATED this day of , 19 .
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
(Jurisdiction) DONNA J. POWELL
CLERK OF THE DISTRICT COURT
(SEAL) By
Deputy
IAEAT-EV.DB
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