HomeMy WebLinkAbout940876 7/18/94
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
WELD COUNTY SCHOOL DISTRICT RE-1 , 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 IIB 93-1255, SB 93-135, I113 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.
940876
l
g ://n,
NOW, THEREFORE, in consideration of the mutual covenants 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 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
2 940876
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
3 940876
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.
I. 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.
4 940876 .
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 he 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
5 940876
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
6 940876
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, riot 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.
7 940876
f. Notice shall he 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 he given to the Jurisdiction at
PHONE: 737-2403
FAX: 737-2516
ADDRESS: PO Box 157, Gilcrest, CO
DATED this 3rd day of August 199 r.
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
-7
Ma Art Feuerstein W. It. Webster, Chairman EX09/i1/
APPROVED AS TO FORM: ATTEST: � Y /041444
Clerk to the Board of County Commissioners
-s / !/ v ,-7-,.y Attorney L )eputy Clerk to the Board
(Jurisdiction) ` X-2� --
(Title) /tec Szra✓7 etiglA>rdrgr-i77 .
APPROVED AS TO FORM: ATTEST:
(Title)
Attorney for Jurisdiction
' \AGHT44OA'7R
7/18/94
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
GALETON VOLUNTEER FIRE DEPT , 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.
1
NOW, THEREFORE, in consideration of the mutual covenants 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 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
2 940876
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
3
940876
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.
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.
4 940876
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
5 940876
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
6 940876
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.
940876
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:
FAX:
ADDRESS:
DATED this 1q113- day of E(1 t p llltLAAJ1994.
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
Mary A Feuerstein � W. H. Webster, Chairman O9f 9/94
U
APPROVED AS TO FORM: ATTEST: £ /WAIL
Clerk to the Board of County Commissioners
C ty Attorney eputy Clerk th oard �1
Galeton Fire Protection District
(Jurisdiction) hit_ I
Glen Hill
(Title) President
APPROVED AS TO FORM: ATTEST: (2--4�
/,
t,/ c ,.. (Title) In9e-nA--^v
Ado ey for Jurisdiction
A:\AGMT.94
8 940876
7/18/94
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
PLATTEVILLE FIRE PROTECTION DISTRICT , 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.
°RRoo ,
NOW, THEREFORE, in consideration of the mutual covenants 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. Tenn 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
2 940876
Election Code of 1965, Article X of Tide 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 thy 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
3 940876
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.
940876
4
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
5 940876
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
6 940876
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.
7 940876
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: Kl'rD 12.37_
FAX: 7I'D Cpl3er
ADDRESS: PCB 7(X 12. 2_
ii-c_ Cc) e'CA,c2 a/
DATED this I`T* day of EflLbt L , 199 4.
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF (WELD
-74
? u ��i y O1 �Qn a�, (y( / J L��/ v
Mary 4 Feuerstein W. H. Webster, Chairman 00//q/9y
APPROVED AS TO FORM: ATTEST:
Clerk to a oar o oun �ssioners
7/
Coun Attorney Deputy Clerk to the Board
(Jurisdiction) Acctev, Ile_ Ftt. Rwt«1,�a J".t
(Title) LC
?rc$ ,d en"L
APPROVED AS TO FORM: ATTEST:
(Tide) Inf e J . /1„,1
cwr_1
Attorney for Jurisdiction .
A:AGMT.94
8 940876
RESOLUTION
A resolution calling for an election on the issue of transferring the revenues
generated by .5 mills of the Capital Improvement Fund to the General Operating
Fund.
WHEREAS, the Board of Directors (the "Board") of Platteville Fire Protection
District, Weld County Colorado (the "District") , hereby determines and declares
that the interest of the District, and the public interest and necessity, require
that the District increase its operational revenues and expenditures to more
effectively carry out the objects and purposes of the District; and
WHEREAS, in 1986, the electors approved the levying of an additional 1.5 mills
for the purposes of establishing and maintaining a Capital Improvement Fund; and
WHEREAS, it is necessary to submit to the registered electors of the District,
at the regular election of the District to be held on November 8, 1994, the
question of transferring a portion of the revenues generated by the Capital
Improvement Fund mill levy to the General Fund; and
WHEREAS, the election shall be held pursuant to the Uniform Election Code of
1992, as amended, and other applicable statutory and constitutional requirements
of the State of Colorado;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE PLATTEVILLE FIRE
PROTECTION DISTRICT, WELD COUNTY, COLORADO:
Section 1. Special Election. At the election to be held on Tuesday, the 8th day
of November, 1994, in addition to the other matters to be voted upon at the
regular state and county election, there shall be submitted to the electors of
the District a question seeking permission to utilize capital improvement funds
for general operating purposes.
Section 2. Ballot Title. The ballot title for the election question shall be
in substantially the following form:
SHALL THE BOARD OF DIRECTORS OF THE PLATTEVILLE FIRE PROTECTION
DISTRICT BE AUTHORIZED TO TRANSFER REVENUES FROM .5 MILLS OF THE
DISTRICT'S CAPITAL IMPROVEMENT FUND MILL LEVY, (THE AMOUNT OF SUCH
REVENUE BEING APPROXIMATELY $53,133) COMMENCING IN BUDGET YEAR 1995,
AND CONTINUING EACH YEAR THEREAFTER, TO THE DISTRICT'S GENERAL
OPERATING FUND TO DEFRAY THE OPERATIONAL COSTS OF THE DISTRICT, SAID
TRANSFER BEING NEITHER A TAX INCREASE NOR AN INCREASE IN REVENUE FROM
TAXES?
Section 3. Authorization to Take Action. The President and Secretary and other
agents or employees of the District shall and they are hereby authorized and
directed to take all actions necessary or appropriate to effectuate the
provisions of this Resolution.
Section 4. Severability. Should any part or provision of this Resolution be
adjudged unenforceable or invalid, such judgment shall not affect, impair, or
QAflQ c
invalidate the remaining provisions of this Resolution, it being the intention
that the various provisions hereof are severable.
Section 5. Repealer. All acts, orders, resolutions, or parts thereof, of the
District that are inconsistent or in conflict with this Resolution are hereby
repealed to the extent only of such inconsistency or conflict.
Section 6. Effective Date. The provisions of this Resolution shall take effect
immediately.
ADOPTED AND APPROVED this 8 day of September , 1994.
President and Ccairm ai?t
(SEAL)
ATTEST;
(, G-)
, k k'. U A ,:
Secretary
The motion to adopt the foregoing Resolution was duly moved by
Director Newton Bostron and seconded by Director Roberr Sterkel , put
to a vote and carried upon the following vote:
Those voting AYE:
Directors: (� , _,_tti C. Ini\SM._
BEN RAINBOLT — ABSENT
Those voting NAY:
Thereupon the presiding officer declared the motion carried and the Resolution
duly passed and adopted.
Secretary
(SEAL)
940876
AUG 30 ' 34 14 : 03 FROM WELD COUNTY GOUT "H''- ' vCc
Hudson Version
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
Town of Hudson, hereinafter referred to as "Jurisdiction",
does hereby agree and contract with the Board of County Commis-
sioners 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, HS 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
1
PUG 3G ' 94 14 : 0'3 FROM WELD COUNTY GOUT
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. 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 S 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
2
940876
HCG o_ ' 54 1 : U4 -:b.,. Az _J UU ' r hum FAGE . / c
sufficiency, pursuant to S 1-40-118( 1) , C.R.S.
c. Defend against protests filed with the District
Court, pursuant to S 1-40-118 through 120, C.R.S.
d. 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;
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, S 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 S 1-4-805, C.R.S.
e. 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 SS 1-1-110(3)
3
940876
HUG H ' 54 14 : E4 - u ♦ ___ o � .. _and 1-5-203(3) , C.R.S.
f. Publish and post notices of election pursuant to S
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.
g. Accept written comments for and against ballot
issues pursuant to C.R.S. SS 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 S 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.
h. Prepare text, identify number and place for publi-
cation of measures and/or notice of election and
mailing, as required, and advise County Clerk
4
940876
pursuant to C.R.S. S 1-40-125, 8 C.C.R. 1505-1 S
5.6. 1. , and SS 1-7-905 and 1-7-906( 1) .
i. 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. 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.
j . Designate an "election officer" who shall act as
the primary liaison between the Jurisdiction and
the County Clerk and who will have primary respon-
5
940575
sibility for the conduct of election procedures to
be handled by the Jurisdiction hereunder.
k. By approval of this Agreement, the Jurisdiction has
elected to follow the Code as provided in 5 31-10-
102 .7 .
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.
4 . Duties of County Clerk
Agrees to perform the following tasks and activities:
6
M0576
H_b d R ' ; �._-J L,J r PH(]E . kLko
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 required by the
Code and directed by the Jurisdiction. Provide
postcard or publication notice, if required under
C.R.S. 5 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
7
940875,
WUG JCS ' S4 14 : U6 FROM WELD 55_N ": iSU... HU
eligible for receiving a fee, and bill the
Jurisdiction as provided in S 1-7-116(2) (6) .
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
B
940876
PUG 20 ' 94 14 : 0E FROM WELD COUNTY GOUT PRGE . OO10
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
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 3-1
9
940875
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: 536-9311
f a x : 536-4753 address :
557 Ash, P. O. Box 351 , Hudson, CO 80642
10
940875
' SEP 07 '94 12:25PM HRYES PHILLIPS MALONEY'-.:u ' - P.3i3 gt2"
DATED this day of _ o ho;v , 1924.
HELD COUNTY CLERK s RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
adlln� Piln��if ar�,v ) i/ ,),
Macy 4n Feuerst W. E. Web , Chair:m.09 1/494v
APPROVED AS TO FORM: ATTEST I����Gil�x '
Clerk o Board e£ County
C saioaers
sty Attorney `— •'" ty ler to the o-
TOWN OF HUDSON
(Title) / ZUe4
APPROVED AS TO FORM a
ATTEST: /J
orney or Jurisdiction Tp a ` 2 •
11
94Og75
m . rnrM On nC n. M
,
7/18/94
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
WELD COUNTY SCHOOL DISTRICT RE-3(J) , 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.
1
pieor;r QL/o 7r,
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(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
2 940876
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
3 .940876
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.
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.
4 940876
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
5 940876
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
6
940876
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.
940876
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: 659-1033
FAX: 659-1033
ADDRESS: PO Box 269 Keenesburg, CO 80643
DATED this 3rd day of August , 199 4 .
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
lily)a l(.�LA,L10_I xIA 'f ; / / /4���-�C (1
Ma Ate Feuerstein W. H. Webster, Chairman //9/91
APPROVED AS TO FORM: ATTEST: f �/0euel7
Clerk to the Board of County Commissioners
Cowity Attorney -Deputy Clerk to the oard
(Jurisdiction)
(Title) Superintendent Weld Re-39J)
APPROVED AS TO FORM: ATTEST:
(Title)
Attorney for Jurisdiction
A:\AGMT.90
8 940876
7/18/94
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
WIGGINS SCHOOL DISTRICT RE-50J , hereinafter refered
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.
MOO/ 1 OLIC3 j'/
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree
as follows:
1. The Jurisdiction encompasses territory within Weld County and
Morgan and Adams 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
2 940876
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
3 4408 7C
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.
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.
4 940876
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
5 n A/16wn
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
6 940876
amended pursuant to FIB 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.
•
940876
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: 303-483-7762
FAX: 303-483-6205
ADDRESS: 320 Chapman St. , Wiggins, CO 80654
DATED this 6th day of September 1994 .
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
14O. Q.ya M -c�-t t Q), f ��//r 0 >, 4, -,,-, /_,
Ma Feuerstein W. H. Webster, Chairman 949/9i
APPROVED AS TO FORM: ATTEST: Leil
a%
Clerk Clerk to the Board of County Commissioners
, -I 1 -- -
Co ttorne `�---. Deputy Clerk to the Board
(Jurisdiction . ad
9Wig ns School District RE-50J
(Tide) Executive Secretary/Coordinated
Election Official
APPROVED AS TO FORM: ATTEST:
(Title)
Attorney for Jurisdiction
A:WGMT.94
940876
8
7/18/94
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
AIMS COMMUNITY COLLEGE, AKA AIMS JUNIOR COLLEGE DISTRICT , 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 IIB 93-1255, SB 93-135, HD 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.
(i'rvli QZfi- S
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree
as follows:
I . The hnisdirlion cnruuyiacs lei iluiy willuu Weld Couuly and
Adams, Larimer, Logan & Morgan 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
940876
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 Ihr 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 ally 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
3 940R7hg
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 he 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.
4 940876
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, I3allot 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
5 940876
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 ('ouuly t 'Irtl; shall appoint and Irnin cleclion judges mid 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 Ihis Agreement The statutory lime 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
6 940876
amended pursuant to II13 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.
7 940876
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
PIIONE: 330-8008, EXTENSION 212
FAX: 339-6664
ADDRESS: 5410 W. 20TH STREET, GREELEY CO 80634
P.O. BOX 69, GREELEY CO 80632-0069
DATED this KO day of , 1994.
WELD COUNTY CLERK & RECORDER BO RD OF COUNTY
OF WELD
M llISSIONERS
OFTHE COUNTY
/� a...4%./ , ,; /(? , k J f 12 etD 9,
Mary F W. II. Webster, Chairman Cc7I1ci/c14
Mary Feuerstein
APPROVED AS TO FORM: ATTEST: /01,//44
Clerk to the Board of County Commissioners
Cou AttorneyPtatY Clerk to tre Board
(Jurisdiction) ATMS COMMIINTTY f01 LFGF
AKA AIMS JUNIOR COLLEGE DISTRICT
(rate) EXECUTIVE VICE PRESIDENT
APPROVED AS TO FORM: ATTEST:
(Title)Executive Vice President
Election Off cer
AAAGMT.94
8 940876
7/18/94
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
TOWN OF FREDERICK , 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.
eetcii 1 @4087k
NOW, THEREFORE, in consideration of the mutual covenants 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 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
2 940876
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
3 940876
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.
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.
4 940876
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
5 940876
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
6 940876
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.
7
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: 303-833-2388 or 303-659-8729
FAX: 303-833-3817
ADDRESS: 401 Locust Street - P.O. Box_ 435 — Frederick. CO 80530
DATED this 11th day of August , 199 4.
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE CO�U�NTY OF WELD
Mary Feuerstein W. H. Webster, Chairman 09/97 ii
APPROVED AS TO FORM: ATTEST. /a
2L
Clerk to the Board of County Commissioners
C Attorney Deputy Clerk to44Alf/eLeele
oard
(Jurisdiction)
(Title)
APPROVED AS TO FORM: ATTEST:
C a 4,r rry ` fih, L- (Title
eEiea r2 Cee..tAc
A:\AGMT.94
J
8 940876
7/18/94
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
TOWN OF GARDEN CITY , 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.
( jC 001/ 1 l�r 1i,47/.
NOW, THEREFORE, in consideration of the mutual covenants 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 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
2
940876
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
3 940574
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.
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.
4 940876
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
5 9408'71
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
6 9401974 r
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 fmds 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.
7 940876 i
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) 351-0041
FAX:
ADDRESS: 621 27th Street Road. Greeley. CO 80631-8466
DATED this I I day of f"' , 1994.
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
'la,AS ! J1102 s
Mary Feuerstein W. H. Webster, Chairman O`�`�jgfg4!
APPROVED AS TO FORM: ATTEST: ji/Lely
Clerk to the Board of County Commissioners
..-- —711".-- (1/2
Coun ttomey —Deputy Clerk to the Board
(Jurisdiction)
(Title) 6-Y ,
APPROVED AS TO FORM: ATTEST:
(Title
Attorney for Jurisdiction
A:\AGMT.94
8 9408'76
RESOLUTION NO. 2-1994
A RESOLUTION TO ENTER INTO AN
INTERGOVERNMENTAL AGREEMENT WITH THE WELD
COUNTY COMMISSIONERS AND THE WELD COUNTY CLERK
FOR THE PURPOSE OF CONDUCTING A COORDINATED
ELECTION ON NOVEMBER 8 , 1994
WHEREAS, the Town of Garden City has determined that it is in
the best interests of the Town of Garden City to conduct a special
election on November 8 , 1994 for the purpose of submitting to the
registered electors a certain financial ballot issue regarding the
collection, retention and expenditure of the full proceeds of the
Town' s sales tax, use tax, fees and all other revenues and;
WHEREAS, Colorado law requires that an election be conducted
in November of 1994 as a coordinated election and;
WHEREAS, the Weld County Clerk is designated as the
coordinated election official and;
WHEREAS, the County Clerk and the County Commissioners have
proposed a Memorandum of Intergovernmental Agreement for the
conduct of this coordinated election and;
WHEREAS, the Board of Trustees of the Town of Garden City has
determined that it is necessary for the Town of Garden City to
enter into this intergovernmental agreement for the conduct of a
coordinated election.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF GARDEN CITY:
A. That the Mayor and Clerk and such other officers of the
Town as may be appropriate are authorized to take such action as
may be necessary for the purpose of conducting a coordinated
election on the issue of allowing the Town of Garden City to
collect, retain and expend the full proceeds of the Town' s sales
tax, use tax, fees and all other revenues notwithstanding any
restrictions of Article X, Section 20 of the Colorado Constitution
and which election shall take place on the 8th day of November 1994
in conjunction with the State General Election .
B. The Mayor and the Clerk are authorized to execute an
intergovernmental agreement with the Board of County Commissioners
of the County of Weld and the Weld County Clerk & Recorder
authorizing the Weld County Clerk to act as the coordinated
election official and authorizing the Weld County Clerk to conduct
a Garden City election pursuant to Colorado law.
PASSED, ADOPTED AND APPROVED THIS 16TH DAY OF AUGUST, 1994 .
TOWN OF GARDEN CITY
by: �f iPl4
7'
ATTEST: f-
CLERK a."
7I , Janice Walter, hereby certify that this is a true and
correct copy of the original document which is on file in
the office of thhee Garden� City Clerk.
g c
Signature
deal
94087;
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