HomeMy WebLinkAbout940877.tiff 7/18/94
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
CITY OF EVANS , 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.
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NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree
as follows:
1. The Jurisdiction encompasses territory within Weld County and
N/A 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
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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
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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.
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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
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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 940877
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 negligence (at least 51%) 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.
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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) 339-5344
FAX: (303) 339-5345
ADDRESS: 3700 Golden Street - Evans, CO 80620-2724
DATED this 6th day of September , 1994 .
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
"Yd
Mary A4 Feuerstein W. H. Webster, Chairman //9/94
APPROVED AS TO FORM: ATTEST: , e of D 44L4L
Clerk to the Board of County Commissioners
K.7 (,______-- ,
71'4„,e-7,-,14,472-7-
Co ty Attorney Deputy Clerk to the Board
APPROVED AS TO SUBSTANCE: (Jurisdiction) City of Evans
(Tltl
Michael J. ith, Evans City Manager Da s D. Gr field, or
APPROVED AS TO FORM: ATTEST:
S; ~'. `� t. (Title) �Iy�J1 V n t vHE _
Betz, Cityl
Attorney'for Jurisdiction- Russell Anson Ki Clar'-
A:\AGMT,94
8 940R77
CITY OF EVANS, COLORADO
ORDINANCE NO. 923-94
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE COUNTY OF WELD AND THE CITY OF EVANS
CONCERNING CONDUCT OF COORDINATED ELECTIONS
WHEREAS, the City of Evans desires to have a ballot issue
placed on the ballot for the general election to occur on November
8, 1994; and
WHEREAS, pursuant to the Uniform Election Code of 1992 as
amended by HB 93-1255, SB 93-135 and HB 94-1286, the City of Evans
wishes to participate in a coordinated election with the Weld
County Clerk and Recorder; and
WHEREAS, pursuant to §S1-7-116, 22-31-103 and 29-1-203, et.
seq. , C.R.S. such agreement is required for conducting coordinated
elections.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EVANS, COLORADO:
1. The recitals above set forth are incorporated herein by
reference for all purposes as though set forth in full.
2 . The Intergovernmental Agreement attached hereto is
approved and the Mayor and City Clerk are authorized and directed
to execute such agreement.
PASSED AND APPROVED at a regular meeting of the City Council
of the City of Evans on this 16th day of August , 1994 .
CIT EVANS COLORADO
By
or
AT7ST r �✓,
City Clerk
940877
PASSED, APPROVED AND ADOPTED ON SECOND READING this 6th day
of September , 1994 .
CITY EVANS, OLORADO
By
ATTEST: Ma
City Clerk
•
2 923-94
940877
Eaton/Evans Version
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
TOWN OF EATON , hereinafter referred to as
"Jurisdiction" , does hereby agree and contract with the Board of
County Commissioners of the County of Weld, hereinafter referred to
as "Commissioners" , and the Weld County Clerk and Recorder,
hereinafter referred to as "County Clerk", concerning the
administration of the November 8, 1994 coordinated election
conducted pursuant to the Uniform Election Code of 1992 as amended
by HB 93-1255, SB 93-135, HB 94-1286 (hereinafter "Code") , and the
rules and regulations promulgated thereunder, found at 8 C.C.R.
1505-1 . This Agreement is not intended to address or modify
statutory provisions regarding voter registration, or to address or
modify the County Clerk' s duties thereunder.
WHEREAS, the Jurisdiction desires to conduct an election
pursuant to its statutory authority or to have certain items placed
on the ballot at an election pursuant to its statutory authority,
such election to occur on November 8, 1994, and
WHEREAS, the Jurisdiction agrees to conduct a coordinated
election with the County Clerk acting as the coordinated election
official, and
1
11E0011 046371
WHEREAS, the County Clerk is the "coordinated election
official" pursuant to C.R.S. S 1-7-116 ( 1) and is to perform certain
election services in consideration of performance by the
Jurisdiction of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at SS 1-7-
116, 22-31-103, and 29-1-203, et seq. , C.R.S.
NOW, THEREFORE, in consideration of the mutual covenants
herein, the parties agree as follows :
1 . The Jurisdiction encompasses territory within Weld
County, this Agreement shall be construed to apply only
to that portion of the Jurisdiction within Weld County.
2 . Term of Agreement: This Agreement is intended only to
deal with the conduct of the November 8, 1994 election.
3 . The Jurisdiction agrees to perform the following tasks
and activities :
a. Receive initialed petitions for local ballot issues
where authorized by law, pursuant to § 1-40-109 (2) ,
C.R.S. , and make determinations as to form.
2
940877
b. Check signatures on initiated petitions and
determine and issue, where appropriate, a statement
of sufficiency, pursuant to § 1-40-118( 1) , C.R.S.
c. Defend against protests filed with the District
Court, pursuant to § 1-40-118 through 120, C.R.S.
d. Publish notice of a call for nominations for seven
(7) member board of directors pursuant to 32-1-
305 . 5 C.R.S .
e. To do all tasks required by law of designated
election officials concerning nomination of
candidates by petition, including, but not limited
to: issue approval as to form, where appropriate,
of nominating petition; receive candidate
acceptance of nominations; accept notice of intent,
petitions for nomination, and affidavits of
circulators; verify signatures on nominating
petitions; and hear any protests of the nominating
petitions, as said tasks are set forth in any
applicable provisions of Title 1, Article IV, Parts
8 and 9, § 22-31-107, C.R.S. , and those portions of
the Colorado Municipal Election Code of 1965,
3
94 OR?,
Article X of Title 31 as adopted by reference
pursuant to § 1-4-805, C.R. S.
f . Establish order of names and questions for
Jurisdiction' s portion of the ballot and submit to
the County Clerk. The ballot content, including a
list of candidates, ballot title, and text, must be
certified to the County Clerk at least 55 days
prior to the election, pursuant to §S 1-1-110(3)
and 1-5-203( 3) , C.R.S.
g. Publish and post notices of election pursuant to §
1-5-205, C.R.S . , and include the information
regarding the walk-in location address for
application or return of absentee ballots as set
forth in paragraph 4 .c of this Agreement.
h. Accept written comments for and against ballot
issues pursuant to C.R.S . §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
4
940977
required ballot issue notices must be transmitted
to and received by the County Clerk no less than 25
days prior to the election. No portion of this
paragraph shall require the County Clerk to prepare
summaries regarding the Jurisdiction' s ballot
issues .
i . Accept affidavits of intent to accept write-in
candidacy and provide a list of valid affidavits
received to the County Clerk pursuant to C.R.S . §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
pursuant to C.R.S. § 1-40-125, 8 C.C.R. 1505-1 §
5 . 6 . 1 . , and §S 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
5
940877
a ballot issue requiring Article X, Section 20
notices, Jurisdiction shall be liable for $ . 15 per
registered elector eligible to vote in the
Jurisdiction's election as of the final date of
registration prior to the November 8, 1994
election, with a $200 minimum. In addition,
Jurisdiction shall also reimburse Clerk for payment
of members of the Board of Canvassers, eligible to
be paid, the sum of $15 per day pursuant to C.R.S.
1-10-201 (4) when the Jurisdiction designates
persons for the Board of Canvassers pursuant to S
4 (g) of this Agreement.
1 . Designate an "election officer" who shall act as
the primary liaison between the Jurisdiction and
the County Clerk and who will have primary
responsibility for the conduct of election
procedures to be handled by the Jurisdiction
hereunder.
m. By approval of this Agreement, any municipality is
resolving not to use the provisions of the
Municipal Election Code, except as otherwise set
forth herein.
6
940877
n. Mail notices pursuant to § 1-7-906(2) for active
registered electors who do not reside within the
County or counties where the Jurisdiction is
located.
o. Confirm precincts and polling places for non-
partisan elections in accordance with C.R.S. § 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 :
7
940877
a. Except as otherwise expressly provided for in this
Agreement, to act as the designated election
official for the conduct of the election for the
Jurisdiction for all matters in the Code which
require action by the designated election official
and as coordinated election official .
b. Circulate the Article X, Section 20, Ballot Issues
notices pursuant to C.R.S . § 1-7-905 and 906 ( 1) and
provide for their publication as directed by the
Jurisdiction. Provide postcard or publication
notice, if required under C.R.S. § 1-5-206, as
directed by the Jurisdiction.
c. Provide a place for early voting and application
for and issuance of absentee ballots at 1402 N.
17th Avenue, Greeley, Colorado, at the office of
the Weld County Clerk and Recorder. Early voting
shall take place during the hours of 8 : 30 a.m. -
4 : 30 p.m. , Monday - Friday starting October 17 ,
1994 and ending November 4, 1994 .
d. Give notice to Jurisdiction of the number of
registered electors within the Jurisdiction as of
the effective date of cutoff for registration,
8
9408'7'!
identify the members of the Board of Canvassers
eligible for receiving a fee, and bill the
Jurisdiction.
e. Designate a "contact" to act as a primary liaison
or contact between the Jurisdiction and the County
Clerk.
f . The County Clerk shall appoint and train election
judges and this power shall be delegated by the
Jurisdiction to the County Clerk, to the extent
required or allowed by law.
g. Select and Appoint a Board of Canvassers to canvass
the votes; provided that the Jurisdiction, at its
option, may designate one of its members and one
eligible elector from the jurisdiction to assist
the County Clerk in the survey of the returns for
the jurisdiction. If the Jurisdiction desires to
appoint one of its members and an eligible elector
to assist, it shall make those appointments, and
shall notify the County Clerk in writing of those
appointments not later than 15 days prior to the
election. The County Clerk shall receive and
canvass all votes, and shall certify the results in
9
940877
the time and manner provided and required by the
Code. All recounts required by the Code shall be
conducted by the County Clerk in the time and
manner required by the Code.
5 . General Provisions
a. Time is of the essence to this Agreement. The
statutory time frames of the Code shall apply to
completion of the tasks required by this Agreement.
b. Conflict of Agreement with law
Portions of 8 C.C.R. 1505-1 may be inconsistent
with the Code as amended pursuant to HB 94-1286 in
which case the provisions of the Code shall
prevail .
c. Liquidated damages provision
In the event that a Court of competent jurisdiction
finds that the election for the Jurisdiction was
void or otherwise fatally defective as a result of
the negligence (at least 51%) or failure of the
County Clerk to perform in accordance with this
10
CAfQ' rs
Agreement or laws applicable thereto, then the
County Clerk shall, as liquidated damages, not as a
penalty, refund all payments made, pursuant to
paragraph 3-j of this Agreement and shall, if
requested by the Jurisdiction, conduct the next
coordinated election which may include any election
made necessary by a defect in the election
conducted pursuant to this Agreement with no fee
assessed to the Jurisdiction. This remedy shall be
the sole and exclusive remedy for damages available
to the Jurisdiction under this Agreement.
d. No portion of this Agreement shall be deemed to
create a cause of action with respect to anyone not
a party to this Agreement, nor is this Agreement
intended to waive any privileges or immunities the
parties, their officers, or employees may possess,
except as expressly provided in this Agreement.
e. This constitutes the entire agreement of the
parties and no amendment may be made except in
writing approved by the parties.
f . Notice shall be given by Jurisdiction to the Clerk
at phone: 353-3840, Extension 3100, fax number:
11
940A9'7
353-1964 , address: P.O. Box 459 , Greeley, Colorado
80632 ; and the Jurisdiction notice shall be given
to the Jurisdiction at
PHONE: (303) 454-3338
FAX: (303) 454-3339
ADDRESS: 223 First Street, Eaton , CO 80615
DATED this 12th day of September ,
19 94 .
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD QA AM A 1 XAt 4� AL -.),Qp : Q
,,
'1/47,11 Ain P n Feue"'rrrstein W.e
Web er, Chairman /9/n*
APPROVED AS TO FORM: ATTEST/ )� �F@
Clerk 21k, unty
Commissioners
7 ----- Deputy C er o t e Board
Co y ttorney\
TOWN OF EATON , COLORADO
__ _F.Axv By J g lsP --''
(SEAL) OF IEALf���
,%41�.•• V�It Donald B. Cadwallader, Mayor
: �l
i v �� ATTEST:
I f 1 * i /n�
IAEAT-EV.DB 1I
t / ���+++ Ce
G .
�
i Erika C. Bagley, T wn erk
.
NA
12
940877
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