HomeMy WebLinkAbout930879.tiff RESOLUTION
RE: APPROVE FORT LUPTON/BRIGHTON SCHOOL VERSION OF THE FORM OF MEMORANDUM OF
INTERGOVERNMENTAL AGREEMENT FOR CONDUCT OF COORDINATED ELECTIONS AND
AUTHORIZE CHAIRMAN TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested
with the authority of administering the affairs of Weld County, Colorado, and
WHEREAS, by Resolution on August 2, 1993, the Board approved the form of
a Memorandum of Intergovernmental Agreement for Conduct of Coordinated Elections
for contract with the Board of County Commissioners of the County of Weld and the
Weld County Clerk and Recorder concerning the administration of the November 2,
1993, coordinated mail ballot election, and
WHEREAS, the Board has been presented with the form of the Fort Lupton/
Brighton School version of the Memorandum of Intergovernmental Agreement for
Conduct of Coordinated Elections with Weld County School District RE-4, and
WHEREAS, after review, the Board deems it advisable to approve the form of
said agreement, a copy of which is attached hereto and incorporated herein by
reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the form of the Fort Lupton/Brighton School version of a
Memorandum of Intergovernmental Agreement for Conduct of Coordinated Elections
with Weld County School District RE-4 be, and hereby is, approved.
BE IT FURTHER RESOLVED that the Chairman be, and hereby is, authorized to
sign the Fort Lupton/Brighton School version of said agreement.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following
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vote on the 30th day of August, A.D. , 1993.
BOARD OF COUNTY COMMISSIONERS
ATTEST: WE COUNTY, COLORADO
Weld County Clerk to the Board
J Q� Constance L. Har.ert, Chairman
BY: /( EXCUSED DATE OF SIGNING (AYE)
Deputylerk to the Board W. H. yebster, Prq-Tem
APPROVED AS TO FORM: C� t-� `,72
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CW- G ge .Baxter
o un YL Forney K. Hall
`` X 4 /
arbara J. Kirkmey r O
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Fort Lupton/Brighton School Versions
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
, hereinafter referred to
as "Jurisdiction" , does hereby agree and contract with the Board of
County Commissioners of the County of Weld, hereinafter the
"Commissioners" and the Weld County Clerk and Recorder, hereinafter
referred to as "County Clerk" concerning the administration of the
November 2, 1993 coordinated mail ballot election conducted
pursuant to the Uniform Election Code of 1992 as amended by HB 93-
1255 and SB 93-135, (hereinafter "Code" ) , and the rules and
regulations promulgated thereunder, 8 C.C.R. 1505-1 . This
Agreement is not intended to address or modify statutory provisions
regarding voter registration.
WHEREAS, the Jurisdiction desires to conduct an election
pursuant to its statutory authority or to have certain items placed
on the ballot at an election pursuant to its statutory authority,
such election to occur on November 2, 1993, and
WHEREAS, the County Clerk has chosen to conduct the
November 2 , 1993 election by mail, and
WHEREAS, the Jurisdiction agrees to conduct a coordinated mail
ballot election coordinated by the County Clerk, and
WHEREAS, the County Clerk as the "coordinated election
official" pursuant to 8 C.C.R. 1505-1 SS 5 . 1 .4 and 5 . 2 . 1 has agreed
to perform certain election services in consideration of
performance by the Jurisdiction of the obligations herein below set
forth, and
WHEREAS, such agreements are authorized by statute at §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 and
County. This Agreement
shall be construed to apply only to that portion of the
Jurisdiction within Weld County.
2 . Term of Agreement
a. This Agreement is intended only to deal with the
conduct of the November 2, 1993 election.
3 . The Jurisdiction agrees to perform the following tasks
and activities :
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a. Receive initiated petitions for local ballot issues
where authorized by law, pursuant to § 1-40-109 (2) ,
C.R. S.
b. Check signatures on initiated petitions and
determine and issue, where appropriate, a statement
of sufficiency, pursuant to § 1-40-118 ( 1) , C.R. S.
c . Defend against protests filed with the District
Court, pursuant to § 1-40-118, C.R.S.
d. Issue call for nominations for non-partisan
elections, where applicable, pursuant to S 1-5-204,
C.R. S. , and 8 C.C.R. 1505-1 § 5 .5 . 1 .
e. Provide approved candidate nominating petitions,
pursuant to § 1-4-903 C.R.S. together with
instructions to petition circulators .
f . Receive candidate acceptance of nominations in
writing, pursuant to § 1-4-906, C.R.C.
g. Accept for filing notice of intention, petitions
for nomination, and affidavit of circulator,
pursuant to §§ 1-4-804 ( 1) , 1-4-907, and 22-31-107 ,
C.R.S .
h. Verify signatures on nominating petitions and hear
any protests of the nominating petitions within
five days after the petitions are filed, pursuant
to §§ 1-4-501 ( 1) , 1-4-908( 1) ( 3) , and 1-4-909 ,
C.R.S .
i . Establish order of names and questions for
Jurisdiction' s portion of the ballot, pursuant to
§§ 1-5-406 and 1-5-407 , C.R.S . , and 8 C.C.R. 1505-1
§S 5 .4 .2 and 5 .4 . 3 .
j . Certify ballot content, including a list of
candidates, ballot title, and text, to County Clerk
at least 55 days prior to election, pursuant to §
1-1-110( 3) and 8 C.C.R. 1505-1 §§ 5 .4 . 1 and 5 .4 . 2 .
k. Prepare for publication and timely provide to the
County Clerk text of notices or calls of election
of candidates or of measures and advise County
Clerk of number and place of any publication
required, if any, pursuant to 8 C.C.R. 1505-1 § 5 .5
and the Jurisdiction' s requirements .
1 . Accept written comments for and against ballot
issues pursuant to C.R. S. § 1-40-125(2 ) (e) and
8 C.C.R. 1505-1 § 5 .4 .4 . 2 and provide a copy of
comments filed in support with respect to Article
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X, Section 20 of the Colorado Constitution ballot
issues to the proponents pursuant to 8 C.C.R. 1505-
1 § 5 . 4 . 4 . 3, no later than the Friday prior to the
30 days prior to the election. Accept summaries of
comments filed in support at least 28 days prior to
the election by 3 p.m. from the proponents pursuant
to 8 C.C.R. 1505-1 § 5 .4 .4 . 5 . Prepare a summary of
comments in opposition and submit both summaries to
the County Clerk by close of business 25 days prior
to the election, pursuant to 8 C.C.R. 1505-1 if
5. 4 . 4 . 6 and 5. 4 . 4 . 7 and § 1-7-116 (4 ) .
m. Accept affidavits of intent to be write-in
candidate up to 26 days prior to the election and
provide a list of valid affidavits received to the
County Clerk pursuant to C.R.S. § 1-4-1102 .
n. Prepare Article X, Section 20, Colorado Constitu-
tion notices and submit them to the County Clerk at
least 25 days prior to the election. Prepare
text, identify number and place for publication of
measures and/or notice of election, if required,
and advise County Clerk pursuant to C.R.S. § 1-40-
124 and 8 C.C.R. 1505-1 § 5 . 6 . 1 .
o. Pay the sum of $ .25 per registered elector eligible
to vote in the Jurisdiction' s election as of the
final date of registration prior to the November 2,
1993 election, with a $200 minimum, plus any
additional costs pursuant to 8 C.C.R. 1505-1 §
5 .4 . 2 . 2, within 30 days of billing, regardless of
whether or not the election is actually held.
P. Designate an "election officer" who shall act as
the primary liaison between the Jurisdiction and
the County Clerk and who will have primary
responsibility for the conduct of election
procedures to be handled by the Jurisdiction
hereunder.
r. Approval of this Agreement shall constitute
approval of the mail ballot plan attached as
Exhibit "A" .
s . By approval of this Agreement, any municipality is
resolving not to use the provisions of the
Municipal Election Code.
4 . Duties of County Clerk
Agrees to perform the following tasks and activities:
a. Except as otherwise expressly provided for in this
Agreement, to act as the designated election
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official for the conduct of the election for the
Jurisdiction for all matters in the Code which
require action by the designated election official
and as coordinated election official pursuant to
8 C.C.R. 1505-1 § 5 .2 .
b. Obtain approval of the mail ballot plan Exhibit "A"
from the Secretary of State including all
participating Jurisdictions, pursuant to 8 C.C.R.
1505-1 § 10 . 1 . 4 .
c. Circulate Article X, Section 20 of the Colorado
Constitution notice as needed by insertion in the
mail ballot pursuant to § 1-40-125 (2) , C.R.S. and 8
C.C.R. 1505-1 § 5 . 6 . 1 . 1 . and arrange for publica-
tion as directed by the Jurisdiction, pursuant to
paragraph 3 (1) and (n) of this Agreement.
d. Mail ballot packets pursuant to § 1-7 . 5-107 (3) (a)
and 8 C.C.R. 1505-1 § 10 . 7 between 25 and 15 days
prior to the date of election and provide replace-
ment ballots, pursuant to § 1-7 .5-107 (c) and (d) ,
C.R.S. , and 8 C.C.R. 1505-1 if 10 . 10 . 1 (b) , 10 . 11,
and 10 . 13, as appropriate.
e. Provide absentee ballots, pursuant to § 1-7 . 5-108,
C.R. S. , and 8 C.C.R. 1505-1 if 10 . 8 and 11, as
appropriate.
f . Give notice to Jurisdiction of the number of
registered electors within the Jurisdiction as of
the effective date of cutoff for registration and
bill Jurisdiction at the rate of $ .25 per
registered elector, with a $200 minimum, for the
services pursuant to this Agreement.
g. Designate a "contact" to act as a primary liaison
or contact between the Jurisdiction and the County
Clerk.
h. Appoint and train election judges; to the extent
required or allowed by law, the jurisdiction
delegates that right and authority to the Clerk.
i . Designate the Weld County Clerk and Recorder' s
Office, 1402 North 17th Avenue, Greeley, Colorado
80631, as the single site for absentee voting, mail
ballot return and replacement ballot application
and return.
j . 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
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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
In the event that any provision in this Agreement
conflicts with the Code or any other statute or
valid prior resolution duly adopted by the
Jurisdiction, this Agreement shall be modified to
conform to such law or resolution, but no
subsequent resolution of the Jurisdiction nor of
the County shall impair the rights of the County
Clerk or the Jurisdiction hereunder without the
consent of the other party to this Agreement.
c. Liquidated Damages Provision
In the event that a Court of competent jurisdiction
finds that the election for the Jurisdiction was
void or otherwise fatally defective as a result of
the sole negligence or failure of the County Clerk
to perform in accordance with this Agreement or
laws applicable thereto, then the County Clerk
shall, as liquidated damages, not as a penalty,
refund all payments made, pursuant to paragraph 3-o
of this Agreement and shall, if requested by the
Jurisdiction, conduct the next coordinated election
which may include any election made necessary by a
defect in the election conducted pursuant to this
Agreement with no fee assessed to the Jurisdiction.
This remedy shall be the sole and exclusive remedy
for damages available to the Jurisdiction under
this Agreement.
d. No portion of this Agreement shall be deemed to
create a cause of action with respect to anyone not
a party to this Agreement, nor is this Agreement
intended to waive any privileges or immunities the
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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:
fax: , address :
g. General Conduct of the Election
Except as expressly set forth in this Agreement,
the jurisdiction and the County Clerk shall each
perform their respective duties for the conduct of
the election as set forth and required by the Code
and other applicable laws and regulations . The
jurisdiction and the County Clerk intend to work
together cooperatively for the conduct of the
election. In the event any uncertainties or
disputes arise relating to the conduct of this
election, the Designated Election Official from the
School District and the County Clerk Official shall
meet and attempt to informally resolve the
uncertainty or dispute. It is the general intent
of the parties that the County Clerk shall conduct
the election and the jurisdiction shall supply the
County with all information needed by the County
Clerk for that part of the Coordinated Election
related to the jurisdiction.
(THE REMAINING PORTION OF THIS PAGE LEFT BLANK INTENTIONALLY)
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DATED this day of , 1993 .
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
Mary Ann Feuerstein Constance L. Harbert, Chairman
APPROVED AS TO FORM: ATTEST:
Clerk to the Board of County
Commissioners
County Attorney Deputy Clerk to the Board
Jurisdiction
ATTEST:
Attorney for Jurisdiction
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INTERGOVERNMENTAL AGREEMENT
This Intergovernmental Agreement ( "Agreement" ) is made and
entered into this day of , 1993, by
and between the Weld County Clerk and Recorder "County Clerk" and
the Weld County Board of County Commissioners, Weld County,
Colorado collectively ( "County" ) and City of
( "City" ) , collectively all referred to herein as the "Parties, " for
the administration of their respective duties concerning
distribution of notices concerning certain ballot issues required
pursuant to Colorado Constitution, Article X, Section 20 (3) (b) .
WITNESSETH
WHEREAS, pursuant to Colorado Constitution Article XIV,
Section 18 (2 ) (a) , and Section 29-1-203, C.R.S. , as amended, the
"County" and the "City" may cooperate or contract with each other
to provide any function, service or facility lawfully authorized to
each, and any such contract may provide for the sharing of costs,
the imposition of taxes, and incurring of debt; and,
WHEREAS, Const. Colo. Art X, Sec . 20 as implemented by C.R. S.
§ 1-40-124 and 8 C.C.R. 1505-1 § 5 . 6 requires the production of a
mailed notice ( "TABOR notice" ) concerning certain ballot issues
that will be submitted to the electors of "City" .
WHEREAS, this city has not requested the County Clerk to
administer the electors as a full coordinated mail ballot election
administered by the Weld County Clerk and Recorder.
WHEREAS, the TABOR notices of several jurisdictions are to be
sent as a package where jurisdictions overlap ( "TABOR notice
package" ) ; and,
WHEREAS, the need to produce the TABOR notice package requires
that there be county-wide coordination of the production and
mailing of the TABOR notice package to effectuate the purposes of
said constitutional section; and
WHEREAS, the County Clerk and the "City" desire to set forth
their respective responsibilities in the production and mailing of
the TABOR notice package in connection with the election to be held
on November 2, 1993 .
NOW THEREFORE, the Parties agree as follows :
1 . The County Clerk shall perform the following services and
activities for the City' s election:
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a. Determine the "least cost" method for mailing the
TABOR notice package.
b. Combine the text of the TABOR notice produced by
the City with those of other jurisdictions to
produce the TABOR notice package. The County Clerk
may determine the order of the TABOR notice
submittal by the City and those of other
jurisdictions to be included in the TABOR notice
package; provided, however, that the materials
supplied by the City shall be kept together as a
group in the order supplied by the City.
c . Address the package to "All Registered Voters" at
each address of one or more active registered
electors of the City. Nothing herein shall
preclude the County Clerk from sending the TABOR
notice or notice package to persons other than
electors of the City if such sending arises from
the County Clerk' s efforts to mail the TABOR notice
package at "least cost. "
d. Mail the TABOR notice package, as required by the
Uniform Election Code of 1992 ( "Code" ) specifically
including C.R.S . 1-40-125 .
e. Provide the City with an itemized statement showing
the City' s proportional share of the actual cost of
performing the services described herein.
2 . The City shall perform the following activities :
a. Provide to the County Clerk the final text and
order of all required TABOR notices concerning City
ballot issues in the time and manner required by
the Code and the regulations 8 C.C.R. 1505-1 S 5 . 4 .
b. Pay the City' s proportional share of the actual
costs shown in the itemized statement provided to
the City by the County Clerk either directly to the
County Clerk or to such vendors or subcontractors
as the County Clerk may designate.
3 . As used in this agreement, "proportional share of the
actual costs" shall mean an amount calculated as follows :
Ten cents per registered elector residing within that
portion of the City within Weld County, with a $100
minimum, provided further that if no registered electors
of the City reside within Weld County, there shall be no
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charge. Registered voters shall be determined as of the
cut-off-date for eligibility to vote in the election.
4 . a. 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.
b. This constitutes the entire agreement of the
parties and no amendment may be made except in
writing approved by the parties .
c. Notice shall be given by City to the Clerk at
phone: 353-3840, Extension 3100, fax number:
353-1964, address : P.O. Box 459, Greeley, CO
80632; and the City notice shall be given to the
City at phone: , fax:
address :
IN WITNESS WHEREOF, the Parties hereto have signed this
Agreement to be effective as of the date first written above.
CITY OF , COLORADO
By:
Mayor
ATTEST:
City Clerk
WELD COUNTY, COLORADO
By:
Chair, County Commissioners
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ATTEST: WELD COUNTY CLERK & RECORDER
County Clerk
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