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Home My WebLink About981722.tiff 1998 Master Memorandum of Intergovernmental Agreement for Conduct of Coordinated Elections WELD COUNTY SCHOOL DISTRICT RE-7 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 3, 1998 coordinated election conducted pursuant to the Uniform Election Code of 1992 as amended(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 via polling place on November 3. 1998, 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(2)and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), I-7-116, 22-30- 104(2), 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 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 3, 1998 election. 3. The Jurisdiction agrees to perform the following tasks and activities: a. Conduct all procedures required of the clerk for initiatives, referenda, and referred measures under the provisions of C.R.S. § § 31-1 1-101 through 117 Page 1 of 6 981722 cRcois and 22-30-104(4). b. 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; determine candidate eligibility, 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 I, Article IV, Parts 8 and 9, § 1-4-501(1), § 22-31-107, C.R.S., and those portions of the Colorado Municipal Election Code of 1965,Article X of Title 31 as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content,including a list of candidates, ballot title, and text, must be certified to the County Clerk prior to 55 days before the election, pursuant to §§ 1-1-110(3) and 1-5-203(3), C.R.S. d. 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. e. 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 45th 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 42 days prior to the election. No portion of this paragraph shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. f. Accept affidavits of intent to accept write-in candidacy up until close of business on August 31, 1998 and provide a list of valid affidavits received to the County Clerk pursuant to C.R.S. §§ 1-4-1101 and 1102. g. Publish or post within the jurisdiction any notices or ballots if required in addition to County publications set forth in ¶ 4.b herein which notice may incorporate the County Clerk's notice pursuant to C.R.S. 1-5-205 (1.2). h. Pay the sum of$.50 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 3, 1998 Page 2 of 6 981722 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 $.30 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 3, 1998 election, with a $200 minimum, plus any additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. 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. If the Jurisdiction cancels the election before its Section 20,Article X notices are due to the County and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall also be responsible for costs of recounts pursuant to C.R.S. § § 1-10-309, 1-1-303 or 1-11-215 unless otherwise provided pursuant to § § 1-10-304 and 304.5. 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. j. 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 or as its use is specifically authorized by the Code. k. 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. 1. Carry out all actions necessary for cancellation of an election including notice pursuant to C.R.S. § 1-5-208 and pay any costs incurred by the County Clerk within 30 days of receipt of an invoice setting forth the costs of the canceled election pursuant to C.R.S. 1-5-208(5). 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 Page 3 of 6 981722 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 publish and post notice,as directed in C.R.S. § 1-5- 205. Publication by the County Clerk will only be in the County legal newspaper and the Greeley Tribune and the designated election official is responsible for any additional notices pursuant to ¶ 3g herein . 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 19, 1998 and ending October 30, 1998. 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 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. Page 4 of 6 991722 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 This Agreement shall be interpreted to consistent with the Code, and provisions of Title 31 and 22 applicable to the conduct of elections and 8 C.C.R. 1505-1. . Should there be irreconcilable conflicts between the statutes,this agreement and the Colorado Regulations, the statutes shall first prevail, then this agreement and lastly the Colorado Regulations. 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 113 h 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: (970)353-3840 Extension 3100, fax number: (970)353-1964, address: P.O. Box 459 Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdictionat phone: 970-352-6177 fax: 970-351-7679 address: Platte Valley Weld RE-7 PO Box 485 Kersey, CO. 80644 Page 5 of 6 981722 DATED this day of c1n98. WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD ea k-j-Z _ 2SUki" TSbukamoto Constance L.Harbert, hairman O t fie APPROVED AS TO FORM: SEAT: ///A��'/G' (L d of County Commissioners C Attorney 1 W, the Board (Jurisdiction) (Title) Designated Election Official APPROVED AS TO FORM AZELee, ATTEST (Title) Superintendent Attorney for Jurisdiction Platte Valley Weld RE-7 M:\KSEILER\98ELECM.LDM Page 6 of 6 981722 1998 Master Memorandum of Intergovernmental Agreement for Conduct of Coordinated Elections SCHOOL DISTRICT RE-3J, 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 3, 1998 coordinated election conducted pursuant to the Uniform Election Code of 1992 as amended (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 via polling place on November 3, 1998, 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(2)and is to perform certain election services in consideration of performance by the Jurisdicticn of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 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 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 3, 1998 election. 3. The Jurisdiction agrees to perform the following tasks and activities: a. Conduct all procedures required of the clerk for initiatives, referenda, and referred measures under the provisions of C.R.S. § § 31-11-101 through 117 Page 1 of 6 99t722 and 22-30-104(4). b. 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; determine candidate eligibility, 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, § 1-4-501(1), § 22-31-107, C.R.S., and those portions of the Colorado Municipal Election Code of 1965,Article X of Title 31 as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content,including a list of candidates, ballot title, and text, must be certified to the County Clerk prior to 55 days before the election, pursuant to §§ 1-1-110(3) and I-5-203(3), C.R.S. d. 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. e. 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 45th 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 42 days prior to the election. No portion of this paragraph shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. f Accept affidavits of intent to accept write-in candidacy up until close of business on August 31, 1998 and provide a list of valid affidavits received to the County Clerk pursuant to C.R.S. §§ 1-4-1101 and 1102. g. Publish or post within the jurisdiction any notices or ballots if required in addition to County publications set forth in¶ 4.b herein which notice may incorporate the County Clerk's notice pursuant to C.R.S. 1-5-205 (1.2). h. Pay the sum of$.50 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 3, 1998 Page 2 of 6 991.722 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 $.30 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 3, 1998 election, with a $200 minimum, plus any additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. 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. If the Jurisdiction cancels the election before its Section 20,Article X notices are due to the County and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall also be responsible for costs of recounts pursuant to C.R.S. § § 1-10-309, 1-1-303 or 1-11-215 unless otherwise provided pursuant to § § 1-10-304 and 304.5. 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. j. 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 or as its use is specifically authorized by the Code. k. 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. 1. Carry out all actions necessary for cancellation of an election including notice pursuant to C.R.S. § 1-5-208 and pay any costs incurred by the County Clerk within 30 days of receipt of an invoice setting forth the costs of the canceled election pursuant to C.R.S. 1-5-208(5). 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 Page 3 of 6 991722 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 publish and post notice,as directed in C.R.S. § 1-5- 205. Publication by the County Clerk will only be in the County legal newspaper and the Greeley Tribune and the designated election official is responsible for any additional notices pursuant to¶ 3g herein . 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 19, 1998 and ending October 30, 1998. 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 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. Page 4 of 6 991722 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 This Agreement shall be interpreted to consistent with the Code, and provisions of Title 31 and 22 applicable to the conduct of elections and 8 C.C.R. 1505-1. . Should there be irreconcilable conflicts between the statutes,this agreement and the Colorado Regulations, the statutes shall first prevail, then this agreement and lastly the Colorado Regulations. 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 ¶ 3 h 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: (970)353-3840 Extension 3100, fax number: (970)353-1964, address: P.O. Box 459 Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdiction at phone: fax: address: Page 5 of 6 981.722 424- DATED this c day of 98. WELD COUNTY CLERK& RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD eanSa-71e,ft)c-ke‘-‘42,-,/ A. "Suki" Tsukamoto Constance L.Harbert, Chairman 0 9/'9/9S' APPROVED AS TO FORM: : ; ; Pa e -�r the' t of Co, ty Commissioners se aly /�� Joe e 's .LI a Board it , UI 'S�I (Jurisdiction ,42 cam-. (Title) 1 I APPROVED AS TO FORM ATTEST: (Title) Attorney for Jurisdiction M:\KSEILER\98GENERA\98ELECM.LDM Page 6 of 6 381.722 1998 Master Memorandum of Intergovernmental Agreement for Conduct of Coordinated Elections BRIGHTON SCHOOL DISTRICT 27J,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 3, 1998 coordinated election conducted pursuant to the Uniform Election Code of 1992 as amended(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 via polling place on November 3, 1998, 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(2)and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-I11(3), 1-7-116, 22-30- 104(2), 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 and ACM 1115 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 3, 1998 election. 3. The Jurisdiction agrees to perform the following tasks and activities: a. Conduct all procedures required of the clerk for initiatives, referenda, and referred measures under the provisionsofC.R.S. § § 31-11-101 through 117 Page 1 of 6 981722 and 22-30-104(4). b. 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; determine candidate eligibility, 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, § 1-4-501(1), § 22-31-107, C.R.S., and those portions of the Colorado Municipal Election Code of 1965,Article X of Title 31 as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content,including a list of candidates, ballot title, and text, must be certified to the County Clerk prior to 55 days before the election, pursuant to §§ 1-1-110(3) and 1-5-203(3), C.R.S. d. 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. e. 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 45th 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 42 days prior to the election. No portion of this paragraph shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. f. Accept affidavits of intent to accept write-in candidacy up until close of business on August 31, 1998 and provide a list of valid affidavits received to the County Clerk pursuant to C.R.S. §§ 1-4-1101 and 1102. g. Publish or post within the jurisdiction any notices or ballots if required in addition to County publications set forth in¶ 4.b herein which notice may incorporate the County Clerk's notice pursuant to C.R.S. 1-5-205 (1.2). h. Pay the sum of$.50 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 3, 1998 Page 2 of 6 981722 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 $.30 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 3, 1998 election, with a $200 minimum, plus any additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. 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. If the Jurisdiction cancels the election before its Section 20,Article X notices are due to the County and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall also be responsible for costs of recounts pursuant to C.R.S. § § 1-10-309, 1-1-303 or 1-11-215 unless otherwise provided pursuant to § § 1-I0-304 and 304.5. 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. j. 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 or as its use is specifically authorized by the Code. k. 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. 1. Carry out all actions necessary for cancellation of an election including notice pursuant to C.R.S. § 1-5-208 and pay any costs incurred by the County Clerk within 30 days of receipt of an invoice setting forth the costs of the canceled election pursuant to C.R.S. 1-5-208(5). 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 Page 3 of 6 991722 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 publish and post notice,as directed in C.R.S. § 1-5- 205. Publication by the County Clerk will only be in the County legal newspaper and the Greeley Tribune and the designated election official is responsible for any additional notices pursuant to ¶ 3g herein . 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 19, 1998 and ending October 30, 1998. 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 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 jurisdictionto 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. Page 4 of 6 ry 981722 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 This Agreement shall be interpreted to consistent with the Code, and provisions of Title 31 and 22 applicable to the conduct of elections and 8 C.C.R. 1505-1. . Should there be irreconcilable conflicts between the statutes,this agreement and the Colorado Regulations, the statutes shall first prevail, then this agreement and lastly the Colorado Regulations. 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 ¶ 3 h 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: (970)353-3840. Extension 3100, fax number: (970)353-1964, address: P.O. Box 459 Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdictionat phone: 303 655•4,g5a, fax: 303 655 ,x$7O address: 636 1 iguana" G', 80601 • Page 5 of 6 981722 DATED this day o` ei1998. WELD COUNTY CLERK& RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD .A. "Suki" Tsukamoto Constance L.Harbert, Chairman o9o/offig APPROVED AS TO FORM: 1, .f�,,f, ► ' tl l�•�� -- 'mZP u' ' ners C ty Attorn � ' :oard (Jurisdiction) 8 (Title) Prc5;etenf APPROVED AS TO FORM ATTEST: <0.3•11,n QQ.J4(` N/A (Title) Vito I'res;c4ent Attorney for Jurisdiction M:\KSEILER\98ELECM.LDM Page 6 of 6 991722 1998 Master Memorandum of Intergovernmental Agreement for Conduct of Coordinated Elections EATON SCHOOL DISTRICT RE-2 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 3, 1998 coordinated election conducted pursuant to the Uniform Election Code of 1992 as amended(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 via polling place on November 3, 1998, 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(2)and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 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 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 3, 1998 election. 3. The Jurisdiction agrees to perform the following tasks and activities: a. Conduct all procedures required of the clerk for initiatives, referenda, and referred measures under the provisions of C.R.S. § § 31-11-101 through 117 Page 1 of 6 981.722 and 22-30-104(4). b. 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; determine candidate eligibility, 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, § 1-4-501(1), § 22-31-107, C.R.S., and those portions of the Colorado Municipal Election Code of 1965,Article X of Title 31 as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content,including a list of candidates, ballot title, and text, must be certified to the County Clerk prior to 55 days before the election, pursuant to §§ 1-1-110(3) and 1-5-203(3), C.R.S. d. 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. e. 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 45th 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 42 days prior to the election. No portion of this paragraph shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. f. Accept affidavits of intent to accept write-in candidacy up until close of business on August 31, 1998 and provide a list of valid affidavits received to the County Clerk pursuant to C.R.S. §§ 1-4-1101 and 1102. g. Publish or post within the jurisdiction any notices or ballots if required in addition to County publications set forth in ¶ 4.b herein which notice may incorporate the County Clerk's notice pursuant to C.R.S. 1-5-205 (1.2). h. Pay the sum of$.50 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 3, 1998 Page 2 of 6 991722 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 $.30 per registered elector eligible to vote in the Jurisdiction'selection as of the final date of registration prior to the November 3, 1998 election, with a $200 minimum, plus any additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. 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. If the Jurisdiction cancels the election before its Section 20,Article X notices are due to the County and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall also be responsible for costs of recounts pursuant to C.R.S. § § 1-10-309, 1-1-303 or 1-11-215 unless otherwise provided pursuant to § § 1-10-304 and 304.5. 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. j. 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 or as its use is specifically authorized by the Code. k. 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. 1. Carry out all actions necessary for cancellation of an election including notice pursuant to C.R.S. § 1-5-208 and pay any costs incurred by the County Clerk within 30 days of receipt of an invoice setting forth the costs of the canceled election pursuant to C.R.S. 1-5-208(5). 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 Page 3 of 6 981722 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 publish and post notice,as directed in C.R.S. § 1-5- 205. Publication by the County Clerk will only be in the County legal newspaper and the Greeley Tribune and the designated election official is responsible for any additional notices pursuant to 113g herein . 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 19, 1998 and ending October 30, 1998. 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 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. Page 4 of 6 981722 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 This Agreement shall be interpreted to consistent with the Code, and provisions of Title 31 and 22 applicable to the conduct of elections and 8 C.C.R. 1505-1. . Should there be irreconcilable conflicts between the statutes,this agreement and the Colorado Regulations, the statutes shall first prevail, then this agreement and lastly the Colorado Regulations. 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 ¶ 3 h 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: (970)353-3840. Extension 3100, fax number: (970)353-1964, address: P.O. Box 459, Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdiction at phone: fax: address: Page 5 of 6 981722 08-21-1998 12:12PM FROM EatonRE2 TO 13034651014 P.0? DATED this�' �. day of / 1A98. WELD COUNTY CLERK&RECORDER BOARD OF COUNTY COMMISSIONERS // OF THE COUNTY OF WELD "vt 159--7,Si -6 _A. "Build"Tsukamoto Constance L.Harbert,�ere 9/91 APPROVED AS TO FORM: /��27/Gi'r, lBoardty Commissioners t1erkth \\ • 4,),,,,,, deR Cli----X. the Board (Jurisdiction) °AAA:71S (Title) K9 f"4y%404 APPROVED AS TO FORM Mill-4 r i- CI I-ay/ ?:C . ATTEST: Cycl/t jcA4 / A- �e /6-4"1-4-:- (Title) Attorney for Jurisdiction Z ! leA9 CLC;7 M:\RsEILER\9BELEQ1_LOM Page 6 of -6 TOTAL P.0? 981..722 1998 Master Memorandum of Intergovernmental Agreement for Conduct of Coordinated Elections SCHOOL DISTRICT RE 10J,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 3, 1998 coordinated election conducted pursuant to the Uniform Election Code of 1992 as amended (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 via polling place on November 3, 1998, 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(2)and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 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 and AOf-,�arl. County(ies). This Agreement shall be construeffto 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 3, 1998 election. 3. The Jurisdiction agrees to perform the following tasks and activities: a. Conduct all procedures required of the clerk for initiatives, referenda, and referred measures under the provisions of C.R.S. § § 31-11-101 through 117 Page 1 of 6 981722 and 22-30-104(4). b. 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; determine candidate eligibility, 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, § 1-4-5010), § 22-31-107, C.R.S., and those portions of the Colorado Municipal Election Code of 1965,Article X of Title 31 as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content,including a list of candidates, ballot title, and text, must be certified to the County Clerk prior to 55 days before the election, pursuant to §§ 1-1-110(3) and 1-5-203(3), C.R.S. d. 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. e. 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 45th 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 42 days prior to the election. No portion of this paragraph shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. f. Accept affidavits of intent to accept write-in candidacy up until close of business on August 31, 1998 and provide a list of valid affidavits received to the County Clerk pursuant to C.R.S. §§ 1-4-1101 and 1102. g. Publish or post within the jurisdiction any notices or ballots if required in addition to County publications set forth in¶ 4.b herein which notice may incorporate the County Clerk's notice pursuant to C.R.S. 1-5-205 (1.2). h. Pay the sum of$.50 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 3, 1998 Page 2 of 6 981722 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 $.30 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 3, 1998 election, with a $200 minimum, plus any additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. 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. If the Jurisdiction cancels the election before its Section 20,Article X notices are due to the County and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall also be responsible for costs of recounts pursuant to C.R.S. § § 1-10-309, 1-1-303 or 1-11-215 unless otherwise provided pursuant to § § 1-10-304 and 304.5. 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. j. 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 or as its use is specifically authorized by the Code. k. 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. 1. Carry out all actions necessary for cancellation of an election including notice pursuant to C.R.S. § 1-5-208 and pay any costs incurred by the County Clerk within 30 days of receipt of an invoice setting forth the costs of the canceled election pursuant to C.R.S. 1-5-208(5). 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 Page 3 of 6 981722 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 publish and post notice,as directed in C.R.S. § 1-5- 205. Publication by the County Clerk will only be in the County legal newspaper and the Greeley Tribune and the designated election official is responsible for any additional notices pursuant to ¶ 3g herein . 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 19, 1998 and ending October 30, 1998. 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 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. Page 4 of 6 f481_'722 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 This Agreement shall be interpreted to consistent with the Code, and provisions of Title 31 and 22 applicable to the conduct of elections and 8 C.C.R. 1505-1. . Should there be irreconcilable conflicts between the statutes,this agreement and the Colorado Regulations, the statutes shall first prevail, then this agreement and lastly the Colorado Regulations. 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 113 h 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: (970)353-3840. Extension 3100, fax number: (970)353-1964, address: P.O. Box 459 Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdiction at phone: fax: address: Page 5 of 6 '1151722 DATED this day of,...4.."94.1,44,...4.."94.,...4.."94.1,44-! 1998. WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD . . "Su 1 Tsukamoto Constance L.Harbert, ChairmanDb9,78 APPROVED AS TO FORM: •i, ` ' idt% of aunty Commissioners 2to n y � '�utS �: t the Board (Jurisdiction) 4ta 4e-diteet, (Title) ,L Zet-9 i fernier& APPROVED AS TO FORM T ATTEST: (Title) Attorney for Jurisdiction M:\KSEILER\98ELECM.LDM Page 6 of 6 981722 1998 Master Memorandum of Intergovernmental Agreement for Conduct of Coordinated Elections CITY OF DACONO hereinafterreferredto 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 3, 1998 coordinated election conducted pursuant to the Uniform Election Code of 1992 as amended (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 via polling place on November 3, 1998, 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(2)and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 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 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 3, 1998 election. 3. The Jurisdiction agrees to perform the following tasks and activities: a. Conduct all procedures required of the clerk for initiatives, referenda, and referred measures under the provisions of C.R.S. § § 31-11-101 through 117 Page 1 of 6 981722 and 22-30-104(4). b. 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; determine candidate eligibility, 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, § 1-4-501(1), § 22-31-107, C.R.S., and those portions of the Colorado Municipal Election Code of 1965,Article X of Title 31 as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdictio n's portion of the ballot and submit to the County Clerk in final form. The ballot content,including a list of candidates, ballot title, and text, must be certified to the County Clerk prior to 55 days before the election, pursuant to §§ 1-1-110(3) and 1-5-203(3), C.R.S. d. 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. e. 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 45th 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 42 days prior to the election. No portion of this paragraph shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. f. Accept affidavits of intent to accept write-in candidacy up until close of business on August 31, 1998 and provide a list of valid affidavits received to the County Clerk pursuant to C.R.S. §§ 1-4-1101 and 1102. g. Publish or post within the jurisdiction any notices or ballots if required in addition to County publications set forth in ¶ 4.b herein which notice may incorporate the County Clerk's notice pursuant to C.R.S. 1-5-205 (1.2). h. Pay the sum of$.50 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 3, 1998 Page 2 of 6 sauna election, with a $200 minimum, within 30 days of billing, regardless of whether or not the election is actually held. Notwithstanding the foregoing, for any election which does not involve a ballot issue requiring Article X, Section 20 notices,Jurisdiction shall be liable for$.30 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 3, 1998 election, with a $200 minimum, plus any additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. 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. If the Jurisdiction cancels the election before its Section 20,Article X notices are due to the County and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall also be responsible for costs of recounts pursuant to C.R.S. § § 1-10-309, 1-1-303 or 1-11-215 unless otherwise provided pursuant to § § 1-10-304 and 304.5. 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. j. 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 or as its use is specifically authorized by the Code. k. 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. 1. Carry out all actions necessary for cancellation of an election including notice pursuant to C.R.S. § 1-5-208 and pay any costs incurred by the County Clerk within 30 days of receipt of an invoice setting forth the costs of the canceled election pursuant to C.R.S. 1-5-208(5). 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 Page 3 of 6 981722 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 906O)and publish and post notice,as directed in C.R.S. § 1-5- 205. Publication by the County Clerk will only be in the County legal newspaper and the Greeley Tribune and the designated election official is responsible for any additional notices pursuant to ¶ 3g herein . 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 19, 1998 and ending October 30, 1998. 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 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 jurisdictionto 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. Page 4 of 6 981722 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 This Agreement shall be interpreted to consistent with the Code, and provisions of Title 31 and 22 applicable to the conduct of elections and 8 C.C.R. 1505-1. . Should there be irreconcilable conflicts between the statutes,this agreement and the Colorado Regulations, the statutes shall first prevail, then this agreement and lastly the Colorado Regulations. 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 ¶ 3 h 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: (970)353-3840 Extension 3100, fax number: (970)353-1964, address: P.O. Box 459 Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdictionat phone:303 g33-?317 fax:3O3 57 15a'7 address: 6 Itrra.n Cr) �/4 . 549 Page 5 of 6 981722 416+ DATED this day of ,rd8. WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD .A. "Suki" Tsukamoto once L.Harbert, hairman 09b9/91 qq ri '^r F APPROVED AS TO FORM: :o. • of Co ty Commissioners unty Attome ►.S !�f *� to the Board (Jurisdiction) f (Title) cgirilGt/�� • APPROVED AS TO FORM /7-Jaya?... 7O)? ATTEST: 7 rrL2 (Title) 1/41fISTitjaatidr Attorney for Jurisdiction M:\KSEILER\98ELECM.LDM Page 6 of 6 981722 1998 Master Memorandum of Intergovernmental Agreement for Conduct of Coordinated Elections TOWN OF FIRESTONE 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 3, 1998 coordinated election conducted pursuant to the Uniform Election Code of 1992 as amended (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 via polling place on November 3, 1998, 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(2)and is to perform certain election services in considerationof performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 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 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 3, 1998 election. 3. The Jurisdiction agrees to perform the following tasks and activities: a. Conduct all procedures required of the clerk for initiatives, referenda, and referred measures under the provisions of C.R.S. § § 31-11-101 through 117 Page 1 of 6 981722 and 22-30-104(4). b. 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; determine • candidate eligibility, 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, § 1-4-501(1), § 22-31-107, C.R.S., and those portions of the Colorado Municipal Election Code of 1965,Article X of Title 31 as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content,including a list of candidates, ballot title, and text, must be certified to the County Clerk prior to 55 days before the election, pursuant to §§ 1-1-110(3) and 1-5-203(3), C.R.S. d. 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. e. 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 45th 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 42 days prior to the election. No portion of this paragraph shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. f. Accept affidavits of intent to accept write-in candidacy up until close of business on August 31, 1998 and provide a list of valid affidavits received to the County Clerk pursuant to C.R.S. §§ 1-4-1101 and 1102. g. Publish or post within the jurisdiction any notices or ballots if required in addition to County publications set forth in¶ 4.b herein which notice may incorporate the County Clerk's notice pursuant to C.R.S. 1-5-205 (1.2). h. Pay the sum of S.50 per registered elector eligible to vote in the Jurisdictions election as of the final date of registration prior to the November 3, 1998 Page 2 of 6 981722 election, with a $200 minimum, within 30 days of billing, regardless of whether or not the election is actually held. Notwithstanding the foregoing, for any election which does not involve a ballot issue requiring Article X, Section 20 notices,Jurisdiction shall be liable for$.30 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 3, 1998 election, with a $200 minimum, plus any additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. 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. If the Jurisdiction cancels the election before its Section 20,Article X notices are due to the County and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall also be responsible for costs of recounts pursuant to C.R.S. § § 1-10-309, 1-1-303 or 1-11-215 unless otherwise provided pursuant to § § 1-10-304 and 304.5. 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. j. 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 or as its use is specifically authorized by the Code. k. 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. Carry out all actions necessary for cancellation of an election including notice pursuant to C.R.S. § 1-5-208 and pay any costs incurred by the County Clerk within 30 days of receipt of an invoice setting forth the costs of the canceled election pursuant to C.R.S. 1-5-208(5). 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 Page 3 of 6 981722 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 publish and post notice,as directed in C.R.S. § 1-5- 205. Publication by the County Clerk will only be in the County legal newspaper and the Greeley Tribune and the designated election official is responsible for any additional notices pursuant to¶ 3g herein . 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 19, 1998 and ending October 30, 1998. 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 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. Page 4 of 6 981722 -"Sr 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 This Agreement shall be interpreted to consistent with the Code, and provisions of Title 31 and 22 applicable to the conduct of elections and 8 C.C.R. 1505-1. . Should there be irreconcilable conflicts between the statutes,this agreement and the Colorado Regulations, the statutes shall first prevail, then this agreement and lastly the Colorado Regulations. 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 ¶ 3 h 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: (970)353-3840. Extension 3100, fax number: (970)353-1964, address: P.O. Box 459 Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdiction at phone: fax: address: Page 5 of 6 981722 nth DATED this ci day of S„ it,-� �,�998. WELD COUNTY CLERK & RECORDER` BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD n 4��ri26 t " i" Tsukamoto Constance L.Harbert, Chairman O9709/92 APPROVED AS TO FORM: r ATITE,S ; //odds, �r Clerk t9 :o . of County Commissioners C t Attome ? p�� eCle/t► the Board (Jurisdiction �-eSTO(L`�`� ct (Title) - ' A )titi s, APPROVED AS TO FORM / f • --"' 'j spy /ez- 1 ti ATTEST: 1,�o..O.-i .• ••••o°- Sit \NTYGr (Title) N Cell Attorney for Jurisdiction M:\KSEILER\98ELECM.LDM Page 6 of 6 98172Z 1998 Master Memorandum of Intergovernmental Agreement for Conduct of Coordinated Elections CITY OF FORT LUPTON 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 3, 1998 coordinated election conducted pursuant to the Uniform Election Code of 1992 as amended (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 via polling place on November 3, 1998, 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(2)and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 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 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 3, 1998 election. 3. The Jurisdiction agrees to perform the following tasks and activities: a. Conduct all procedures required of the clerk for initiatives, referenda, and referred measures under the provisions of C.R.S. § § 31-11-101 through 117 Page 1 of 6 981722 and 22-30-104(4). b. 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; determine candidate eligibility, 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 I, Article IV, Parts 8 and 9, § 1-4-501(1), § 22-31-107, C.R.S., and those portions of the Colorado Municipal Election Code of 1965,Article X of Title 31 as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions. pursuant to § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content,including a list of candidates, ballot title, and text, must be certified to the County Clerk prior to 55 days before the election, pursuant to §§ 1-1-110(3) and 1-5-203(3), C.R.S. d. 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. e. 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 45th 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 42 days prior to the election. No portion of this paragraph shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. f. Accept affidavits of intent to accept write-in candidacy up until close of business on August 31, 1998 and provide a list of valid affidavits received to the County Clerk pursuant to C.R.S. §§ 1-4-1101 and 1102. g. Publish or post within the jurisdiction any notices or ballots if required in addition to County publications set forth in¶ 4.b herein which notice may incorporate the County Clerk's notice pursuant to C.R.S. 1-5-205 (1.2). h. Pay the sum of$.50 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 3, 1998 Page 2 of 6 98172,2 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 $.30 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 3, 1998 election, with a $200 minimum, plus any additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. 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. If the Jurisdiction cancels the election before its Section 20,Article X notices are due to the County and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall also be responsible for costs of recounts pursuant to C.R.S. § § 1-10-309, 1-1-303 or 1-11-215 unless otherwise provided pursuant to § § 1-10-304 and 304.5. 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. j. 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 or as its use is specifically authorized by the Code. k. 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. 1. Carry out all actions necessary for cancellation of an election including notice pursuant to C.R.S. § 1-5-208 and pay any costs incurred by the County Clerk within 30 days of receipt of an invoice setting forth the costs of the canceled election pursuant to C.R.S. 1-5-208(5). 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 Page 3 of 6 981722 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 906O)and publish and post notice,as directed in C.R.S. § 1-5- 205. Publication by the County Clerk will only be in the County legal newspaper and the Greeley Tribune and the designated election official is responsible for any additional notices pursuant to¶ 3g herein . 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 19, 1998 and ending October 30, 1998. 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 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 jurisdictionto 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. Page 4 of 6 981722 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 This Agreement shall be interpreted to consistent with the Code, and provisions of Title 31 and 22 applicable to the conduct of elections and 8 C.C.R. 1505-1. . Should there be irreconcilable conflicts between the statutes,this agreement and the Colorado Regulations, the statutes shall first prevail, then this agreement and lastly the Colorado Regulations. 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 ¶ 3 h 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: (970)353-3840 Extension 3100, fax number: (970)353-1964, address: P.O. Box 459 Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdiction at phone:303-857-6694 fax: 303-857-0351 address: P.O. Box 148 - 130 S McKinley Ave Fort Lupton, CO 80621 Page 5 of 6 991722 DATED thiscl. day of_5 ¢ 1.998. WELD COUNTY CLERK& RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD " .. ��///� ___,,,---•••.JJI{{{A. "Saki" Tsukamoto Constance L.Harbert, C airman e)9�09�9g APPROVED AS TO FORM: s TtS igdeU j o t rd of Co y Commissioners L is1 se t Attorney � o the Board N1 N (Jurisdiction) CITY OF FORT LUPTON (Title) APPROVED AS TO FORM Ron J es, Mayor August 26, 1998 ATTEST: T �-k.' I GJcdea,- (Title) "l�c. ice. ua._ Attorney for Jurisdiction Barbara Rodgers, City Clerk T. William Wallace August 26, 1998 M:\KSEILER\96ELECM.LDM Page 6 of 6 981722 1998 Master 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, hereinafter referred to as "County Clerk", concerning the administration of the November 3, 1998 coordinated election conducted pursuant to the Uniform Election Code of 1992 as amended (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 via polling place on November 3, 1998, 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(2)and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 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 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 3, 1998 election. 3. The Jurisdiction agrees to perform the following tasks and activities: a. Conduct all procedures required of the clerk for initiatives, referenda, and referred measures under the provisions of C.R.S. § § 31-11-101 through 117 Page 1 of 6 98172,2 and 22-30-104(4). b. 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; determine candidate eligibility, 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, § 1-4-501(1), § 22-31-107, C.R.S., and those portions of the Colorado Municipal Election Code of 1965,Article X of Title 31 as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content,including a list of candidates, ballot title, and text, must be certified to the County Clerk prior to 55 days before the election, pursuant to §§ 1-1-110(3) and 1-5-203(3), C.R.S. d. 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. e. 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 45th 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 42 days prior to the election. No portion of this paragraph shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. f. Accept affidavits of intent to accept write-in candidacy up until close of business on August 31, 1998 and provide a list of valid affidavits received to the County Clerk pursuant to C.R.S. §§ 1-4-1101 and 1102. g. Publish or post within the jurisdiction any notices or ballots if required in addition to County publications set forth in¶ 4.b herein which notice may incorporate the County Clerk's notice pursuant to C.R.S. 1-5-205 (1.2). h. Pay the sum of$.50 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 3, 1998 Page 2 of 6 981722 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 $.30 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 3, 1998 election, with a $200 minimum, plus any additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. 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'54(g) of this Agreement. If the Jurisdiction cancels the election before its Section 20,Article X notices are due to the County and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall also be responsible for costs of recounts pursuant to C.R.S. § § 1-10-309, 1-1-303 or 1-11-215 unless otherwise provided pursuant to § § 1-10-304 and 304.5. 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. j. 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 or as its use is specifically authorized by the Code. k. 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. 1. Carry out all actions necessary for cancellation of an election including notice pursuant to C.R.S. § 1-5-208 and pay any costs incurred by the County Clerk within 30 days of receipt of an invoice setting forth the costs of the canceled election pursuant to C.R.S. 1-5-208(5). 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 Page 3 of 6 981722 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 publish and post notice,as directed in C.R.S. § 1-5- 205. Publication by the County Clerk will only be in the County legal newspaper and the Greeley Tribune and the designated election official is responsible for any additional notices pursuant to¶ 3g herein . 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 19, 1998 and ending October 30, 1998. 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 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. Page 4 of 6 981722 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 This Agreement shall be interpreted to consistent with the Code, and provisions of Title 31 and 22 applicable to the conduct of elections and 8 C.C.R. 1505-1. . Should there be irreconcilable conflicts between the statutes,this agreement and the Colorado Regulations, the statutes shall first prevail, then this agreement and lastly the Colorado Regulations. 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 ¶ 3 h 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: (970)353-3840 Extension 3100, fax number: (970)353-1964, address: P.O. Box 459 Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdictionatphone: /-303-833 238t fax: /303-S33 3817 address: y0/ Locums/ s/, r?o. /Sox V3s Fcrc%ncx co 80J3o Page 5 of 6 982722 DATED this (4 &—day of_______ 98. WELD COUNTY CLERK& RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD / � ��'�'""" _ �a'�y�•��rr•.Lam.___ R�,< .A..""Suki"Tsukamoto Constance L.Harbert, C airman/2'9/09/9S' i`.; i q mu eh APPROVED AS TO FORM: � /A u'; %�► / / t _ of Co y Commissioners C my Attor eK ,` iju to the Board (Jurisdiction) (Title) a' /f VU/L. 4 APPROVED AS TO FORM �� ATTEST: l(/E%11 �J (Title) 7Wr1 C/erf( Attorney for Jurisdiction M:\KSEILER\98ELECM.LDM Page 6 of 6 981722 1998 Master Memorandum of Intergovernmental Agreement for Conduct of Coordinated Elections LOST CREEK GROUND WATER MANAGEMENT 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,hereinafter referred to as "County Clerk",concerning the administration of the November 3, 1998 coordinated election conducted pursuant to the Uniform Election Code of 1992 as amended (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 via polling place on November 3, 1998, 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(2)and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 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 and Adams and Arapahoe 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 3, 1998 election. 3. The Jurisdiction agrees to perform the following tasks and activities: a. Conduct all procedures required of the clerk for initiatives, referenda, and referred measures under the provisions of C.R.S. § § 31-11-101 through 117 Page 1 of 6 981722 and 22-30-104(4). b. 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; determine candidate eligibility, 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, § 1-4-501(1), § 22-31-107, C.R.S., and those portions of the Colorado Municipal Election Code of 1965,Article X of Title 31 as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content,including a list of candidates, ballot title, and text, must be certified to the County Clerk prior to 55 days before the election, pursuant to §§ 1-1-110(3) and 1-5-203(3), C.R.S. d. 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. e. 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 45th 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 42 days prior to the election. No portion of this paragraph shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. f. Accept affidavits of intent to accept write-in candidacy up until close of business on August 31, 1998 and provide a list of valid affidavits received to the County Clerk pursuant to C.R.S. §§ 1-4-1101 and 1102. g. Publish or post within the jurisdiction any notices or ballots if required in addition to County publications set forth in ¶ 4.b herein which notice may incorporate the County Clerk's notice pursuant to C.R.S. 1-5-205 (1.2). h. Pay the sum of$.50 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 3, 1998 Page 2 of 6 981722 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 $.30 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 3, 1998 election, with a $200 minimum, plus any additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. 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. If the Jurisdiction cancels the election before its Section 20,Article X notices are due to the County and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall also be responsible for costs of recounts pursuant to C.R.S. § § 1-10-309, 1-1-303 or 1-11-215 unless otherwise provided pursuant to § § 1-10-304 and 304.5. 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. j. 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 or as its use is specifically authorized by the Code. k. 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. 1. Carry out all actions necessary for cancellation of an election including notice pursuant to C.R.S. § 1-5-208 and pay any costs incurred by the County Clerk within 30 days of receipt of an invoice setting forth the costs of the canceled election pursuant to C.R.S. 1-5-208(5). 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 Page 3 of 6 381722 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 publish and post notice,as directed in C.R.S. § 1-5- 205. Publication by the County Clerk will only be in the County legal newspaper and the Greeley Tribune and the designated election official is responsible for any additional notices pursuant to¶ 3g herein . 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 19, 1998 and ending October 30, 1998. 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 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 jurisdictionto 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. Page 4 of 6 981722 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 This Agreement shall be interpreted to consistent with the Code, and provisions of Title 31 and 22 applicable to the conduct of elections and 8 C.C.R. 1505-1. . Should there be irreconcilable conflicts between the statutes,this agreement and the Colorado Regulations, the statutes shall first prevail, then this agreement and lastly the Colorado Regulations. c. Liquidated damages provision In the event that a Court of competent jurisdiction finds that the election for the Jurisdictionwas 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 ¶ 3 h 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: (9701353-3840 Extension 3100, fax number: (9701353-1964, address: P.O. Box 459 Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdictionatphone:303-644-3081fax: 303-644-3081 address: 45355 E 112th Aue, BAnnrtt, CO 80102 • Page 5 of 6 981722 DATED this 77 day of August , 1998. WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS /J OF THE COUNTY OF WELD .A. "Suki" Tsukamoto Constance L.Harbert, hairman09�09`92 APPROVED AS TO FORM: a4h ` ierk to' ''` : • of o my Commissioners G y; my Attorn ,G' � o the Board (Jurisdiction) Lost Creek Ground Water Management District (Titleslsni.7' ''�. - APPROVED AS TO FORM ames Brnak President ATTEST: (Title) Attorney for Jurisdiction M:\KSEILER\98ELECM.LDM Page 6 of 6 981722 1998 Master Memorandum of Intergovernmental Agreement for Conduct of Coordinated Elections TOWN OF MEAD, 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 3, 1998 coordinated election conducted pursuant to the Uniform Election Code of 1992 as amended (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 via polling place on November 3, 1998, 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(2)and is to perform certain election services in consideration of performance by the Jurisdicticn of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 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 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 3, 1998 election. 3. The Jurisdiction agrees to perform the following tasks and activities: a. Conduct all procedures required of the clerk for initiatives, referenda, and referred measures under the provisions of C.R.S. § § 31-11-101 through 117 Page 1 of 6 981722 and 22-30-104(4). b. 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; determine candidate eligibility, 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, § 1-4-501(1), § 22-31-107, C.R.S., and those portions of the Colorado Municipal Election Code of 1965,Article X of Title 31 as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdictio n's portion of the ballot and submit to the County Clerk in final form. The ballot content,including a list of candidates, ballot title, and text, must be certified to the County Clerk prior to 55 days before the election, pursuant to §§ 1-1-110(3) and 1-5-203(3), C.R.S. d. 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. e. 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 45th 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 42 days prior to the election. No portion of this paragraph shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. f. Accept affidavits of intent to accept write-in candidacy up until close of business on August 31, 1998 and provide a list of valid affidavits received to the County Clerk pursuant to C.R.S. §§ 1-4-1101 and 1102. g. Publish or post within the jurisdiction any notices or ballots if required in addition to County publications set forth in ¶ 4.b herein which notice may incorporate the County Clerk's notice pursuant to C.R.S. 1-5-205 (1.2). h. Pay the sum of$.50 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 3, 1998 Page 2 of 6 981722 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 $.30 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 3, 1998 election, with a $200 minimum, plus any additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. 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. If the Jurisdiction cancels the election before its Section 20,Article X notices are due to the County and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall also be responsible for costs of recounts pursuant to C.R.S. § § 1-10-309, 1-1-303 or 1-11-215 unless otherwise provided pursuant to § § 1-10-304 and 304.5. 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. j. 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 or as its use is specifically authorized by the Code. k. 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. 1. Carry out all actions necessary for cancellation of an election including notice pursuant to C.R.S. § 1-5-208 and pay any costs incurred by the County Clerk within 30 days of receipt of an invoice setting forth the costs of the canceled election pursuant to C.R.S. 1-5-208(5). • 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 Page 3 of 6 981722 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 publish and post notice,as directed in C.R.S. § 1-5- 205. Publication by the County Clerk will only be in the County legal newspaper and the Greeley Tribune and the designated election official is responsible for any additional notices pursuant to 113g herein . 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 19, 1998 and ending October 30, 1998. 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 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. Page 4 of 6 981722 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 This Agreement shall be interpreted to consistent with the Code, and provisions of Title 31 and 22 applicable to the conduct of elections and 8 C.C.R. 1505-1. . Should there be irreconcilable conflicts between the statutes,this agreement and the Colorado Regulations, the statutes shall first prevail, then this agreement and lastly the Colorado Regulations. 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 ¶ 3 h 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: (970)353-3840 Extension 3100, fax number: (970)353-1964, address: P.O. Box 459 Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdiction at phone: fax: address: Page 5 of 6 981722 a DATED this o2 day of , „ i998. WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD geg,, ,,,,,,y7,- .A. "Suki" Tsukamoto !/ Constance L.Harbert, Chairman D9/o9/9P j'' fry►•APPROVED AS TO FORM: �;M . � ' Ma%i� '^'' - „ Clerkyo t :o. d of C my Commissioners un Attorney 1 � ll� >rk to the Board (Jurisdiction)JXA J r et-ilea l L ea Of (Title) � Gu u o 00 .APPROVED AS TO FORM p n ATTEST: (Title) Attorney for Jurisdiction M:\KSEILER\98ELECM.LDM Page 6 of 6 9817"22 1998 Master Memorandum of Intergovernmental Agreement for Conduct of Coordinated Elections SAINT VRAIN VALLEY SCHOOL DISTRICT RE-1J 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 3, 1998 coordinated election conducted pursuant to the Uniform Election Code of 1992 as amended (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 via polling place on November 3, 1998, 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(2)and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 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 and Boulder and Larimer 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 3, 1998 election. 3. The Jurisdiction agrees to perform the following tasks and activities: a. Conduct all procedures required of the clerk for initiatives, referenda, and referred measures under the provisions of C.R.S. § § 31-11-101 through 117 Page 1 of 6 981722 and 22-30-104(4). b. 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; determine candidate eligibility, 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, § 1-4-501(1), § 22-31-107, C.R.S., and those portions of the Colorado Municipal Election Code of 1965,Article X of Title 31 as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content,including a list of candidates, ballot title, and text, must be certified to the County Clerk prior to 55 days before the election, pursuant to §§ 1-1-110(3) and 1-5-203(3), C.R.S. d. 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. e. 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 45th 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 42 days prior to the election. No portion of this paragraph shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. f. Accept affidavits of intent to accept write-in candidacy up until close of business on August 31, 1998 and provide a list of valid affidavits received to the County Clerk pursuant to C.R.S. §§ 1-4-1101 and 1102. g. Publish or post within the jurisdiction any notices or ballots if required in addition to County publications set forth in¶ 4.b herein which notice may incorporate the County Clerk's notice pursuant to C.R.S. 1-5-205 (1.2). h. Pay the sum of$.50 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 3, 1998 Page 2 of 6 981722 election, with a $200 minimum, within 30 days of billing, regardless of whether or not the election is actually held. Notwithstanding the foregoing, for any election which does not involve a ballot issue requiring Article X, Section 20 notices,Jurisdiction shall be liable for$.30 per registered elector eligible to vote in the Jurisdiction'selection as of the final date of registration prior to the November 3, 1998 election, with a $200 minimum, plus any additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. 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. If the Jurisdiction cancels the election before its Section 20,Article X notices are due to the County and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall also be responsible for costs of recounts pursuant to C.R.S. § § 1-10-309, 1-1-303 or 1-11-215 unless otherwise provided pursuant to § § 1-10-304 and 304.5. 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. j. 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 or as its use is specifically authorized by the Code. k. 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. 1. Carry out all actions necessary for cancellation of an election including notice pursuant to C.R.S. § 1-5-208 and pay any costs incurred by the County Clerk within 30 days of receipt of an invoice setting forth the costs of the canceled election pursuant to C.R.S. 1-5-208(5). 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 Page 3 of 6 981722 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 906O)and publish and post notice,as directed in C.R.S. § 1-5- 205. Publication by the County Clerk will only be in the County legal newspaper and the Greeley Tribune and the designated election official is responsible for any additional notices pursuant to¶ 3g herein . 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 19, 1998 and ending October 30, 1998. 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 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. Page 4 of 6 981722 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 This Agreement shall be interpreted to consistent with the Code, and provisions of Title 31 and 22 applicable to the conduct of elections and 8 C.C.R. 1505-1. . Should there be irreconcilable conflicts between the statutes,this agreement and the Colorado Regulations, the statutes shall first prevail, then this agreement and lastly the Colorado Regulations. 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 .113 h 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: (970)353-3840 Extension 3100, fax number: (970)353-1964, address: P.O. Box 459 Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdiction atphone: (303) 682-7203 fax: (303) 682-7343 address: 395 South Pratt Parkway Longmont, CO 80501 Page 5 of 6 991722 DATED this ;�a day of 1998. WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD J.A. "Suki" Tsukamoto Constance L.Harbert, Chairman p 9/Pre APPROVED AS TO FORM: / Clerk to_ih oard of County Commissioners C ty A ey ,Deptfty.ge to he oard L"0,2 N VALLEY SCHOOL DISTRICT RE-1J 7 (Jurisdiction) �� R. W. Moderhak (Title) Assistant Superintendent for APPROVED AS TO FORM Auxiliary Services ATTEST: / • ea/r Ai «1 (Title) Secretary Attorney r Jurisdiction M:\KSEILER\98ELECM.LDM Page 6 of 6 991722 1998 Master Memorandum of Intergovernmental Agreement for Conduct of Coordinated Elections WELD LIBRARY 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,hereinafter referred to as "County Clerk", concerning the administration of the November 3, 1998 coordinated election conducted pursuant to the Uniform Election Code of 1992 as amended (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 via polling place on November 3, 1998, 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(2)and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 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 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 3, 1998 election. 3. The Jurisdiction agrees to perform the following tasks and activities: a. Conduct all procedures required of the clerk for initiatives, referenda, and referred measures under the provisions of C.R.S. § § 31-11-101 through 117 Page 1 of 6 981 122 and 22-30-104(4). b. 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; determine candidate eligibility, 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, § 1-4-501(1), § 22-31-107, C.R.S., and those portions of the Colorado Municipal Election Code of 1965,Article X of Title 31 as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdictio n's portion of the ballot and submit to the County Clerk in final form. The ballot content,including a list of candidates, ballot title, and text, must be certified to the County Clerk prior to 55 days before the election, pursuant to §§ 1-1-110(3) and 1-5-203(3), C.R.S. d. Publish and post notices of election pursuant to § 1-5-205, C.K.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. e. 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 45th 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 42 days prior to the election. No portion of this paragraph shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. f. Accept affidavits of intent to accept write-in candidacy up until close of business on August 31, 1998 and provide a list of valid affidavits received to the County Clerk pursuant to C.R.S. §§ 1-4-1101 and 1102. g. Publish or post within the jurisdiction any notices or ballots if required in addition to County publications set forth in¶ 4.b herein which notice may incorporate the County Clerk's notice pursuant to C.R.S. 1-5-205 (1.2). h. Pay the sum of$.50 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 3, 1998 Page 2 of 6 981722 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 $.30 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 3, 1998 election, with a $200 minimum, plus any additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. 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. If the Jurisdiction cancels the election before its Section 20,Article X notices are due to the County and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall also be responsible for costs of recounts pursuant to C.R.S. § § 1-10-309, 1-1-303 or 1-11-215 unless otherwise provided pursuant to § § 1-10-304 and 304.5. 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. j. 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 or as its use is specifically authorized by the Code. k. 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. 1. Carry out all actions necessary for cancellation of an election including notice pursuant to C.R.S. § 1-5-208 and pay any costs incurred by the County Clerk within 30 days of receipt of an invoice setting forth the costs of the canceled election pursuant to C.R.S. 1-5-208(5). 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 Page 3 of 6 981722 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 publish and post notice,as directed in C.R.S. § 1-5- 205. Publication by the County Clerk will only be in the County legal newspaper and the Greeley Tribune and the designated election official is responsible for any additional notices pursuant to ¶ 3g herein . 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 19, 1998 and ending October 30, 1998. 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 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. Page 4 of 6 981722 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 This Agreement shall be interpreted to consistent with the Code, and provisions of Title 31 and 22 applicable to the conduct of elections and 8 C.C.R. 1505-1. . Should there be irreconcilable conflicts between the statutes,this agreement and the Colorado Regulations, the statutes shall first prevail,then this agreement and lastly the Colorado Regulations. 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 ¶ 3 h 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: (970)353-3840, Extension 3100, fax number: (970)353-1964, address: P.O. Box 459 Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdictionatphone:(970)330-0208 fax: (970)330-9408 address: 2227 23rd Avenue, Greeley, CO 80631 Page 5 of 6 981722 DATED this,3,'�-6' day of y' � s f„CPi1,1998. WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD .A. "Suki" Tsukamoto ,�iF*i a Harbert, Chairman p fe ffi( I <�S APPROVED AS TO FORM: C:' ' t ; .d of C unty Commissioners ty Attorney i."" �Clerk to the Boar (Jurisdiction) Weld Library Distri (Title) President, Weld Libr District APPROVED AS TO FORM rd ATTEST: (Title Attorney for Jurisdiction Secret y, Weld Library Distric Board M:\KSEILER\98ELECM.LDM Page 6 of 6 981722 1998 Master Memorandum of Intergovernmental Agreement for Conduct of Coordinated Elections TOWN OF WINDSOR, 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 3, 1998 coordinated election conducted pursuant to the Uniform Election Code of 1992 as amended (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 via polling place on November 3, 1998, 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"coordinatedelection official"pursuant to C.R.S. § 1-7- 116(2)and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 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 and Larimer 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 3, 1998 election. 3. The Jurisdiction agrees to perform the following tasks and activities: a. Conduct all procedures required of the clerk for initiatives, referenda, and referred measures under the provisions of C.R.S. § § 31-11-101 through 117 Page 1 of 6 981722 and 22-30-104(4). b. 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; determine candidate eligibility, 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, § 1-4-501(1), § 22-31-107, C.R.S., and those portions of the Colorado Municipal Election Code of 1965,Article X of Title 31 as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content,including a list of candidates, ballot title, and text, must be certified to the County Clerk prior to 55 days before the election, pursuant to §§ 1-1-110(3) and 1-5-203(3), C.R.S. d. 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. e. 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 45th 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 42 days prior to the election. No portion of this paragraph shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. f Accept affidavits of intent to accept write-in candidacy up until close of business on August 31, 1998 and provide a list of valid affidavits received to the County Clerk pursuant to C.R.S. §§ 1-4-1101 and 1102. g. Publish or post within the jurisdiction any notices or ballots if required in addition to County publications set forth in ¶ 4.b herein which notice may incorporate the County Clerk's notice pursuant to C.R.S. 1-5-205 (1.2). h. Pay the sum of$.50 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 3, 1998 Page 2 of 6 981722 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 $.30 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 3, 1998 election, with a $200 minimum, plus any additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. 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. If the Jurisdiction cancels the election before its Section 20,Article X notices are due to the County and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall also be responsible for costs of recounts pursuant to C.R.S. § § 1-10-309, 1-1-303 or 1-11-215 unless otherwise provided pursuant to § § 1-10-304 and 304.5. 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. j. 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 or as its use is specifically authorized by the Code. k. 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. 1. Carry out all actions necessary for cancellation of an election including notice pursuant to C.R.S. § 1-5-208 and pay any costs incurred by the County Clerk within 30 days of receipt of an invoice setting forth the costs of the canceled election pursuant to C.R.S. 1-5-208(5). 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 Page 3 of 6 981722 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 publish and post notice,as directed in C.R.S. § 1-5- 205. Publication by the County Clerk will only be in the County legal newspaper and the Greeley Tribune and the designated election official is responsible for any additional notices pursuant to¶ 3g herein . 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 19, 1998 and ending October 30, 1998. 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 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. Page 4 of 6 • 981722 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 This Agreement shall be interpreted to consistent with the Code, and provisions of Title 31 and 22 applicable to the conduct of elections and 8 C.C.R. 1505-1. . Should there be irreconcilable conflicts between the statutes,this agreement and the Colorado Regulations, the statutes shall first prevail, then this agreement and lastly the Colorado Regulations. 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 ¶ 3 h 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: (970)353-3840 Extension 3100, fax number: (970)353-1964, address: P.O. Box 459 Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdiction at phone:9706867476 fax: 9706867180 address: 301 Walnut Street, Windsor, CO 80550 Page 5 of 6 981722 DATED this 24th day of August , 1998. WELD COUNTY CLERK& RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD �� n ;. L 1?1r111i (g�/j /wAi� y /�A�6� -1 11 . . "Suki" Tsukamoto Constance L.Harbert, Chairman/9/O9/9t APPROVED AS TO FORM: T 'E, : Pi a% of County Commissioners Mil fill? '-)z. Cou Attorne y ' the Board (Jurisdiction) k11_,(4../..z)__ (Title) /7/4/7.'4 4 ! / is r APPROVED AS TO FORM ATTEST: Ztiti (Title) ® �' ti's ! - - S_-,, _. tto ney r Juri coon o�---;771.1,\‘`‘N 111 o • s � �i A. •coRPO ..o l� i G RAT �'• 0 I % SEAL i VIS.' COLo!.r M:\KSEILER\98ELECM.LDM Page 6 of 6 981722 • 1998 District 6 Memorandum of Intergovernmental Agreement for Conduct of Coordinated Elections WELD COUNTY SCHOOL DISTRICT 6, 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 3, 1998 coordinated election conducted pursuant to the Uniform Election Code of 1992 as amended(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 via polling place on November 3, 1998, 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(2)and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 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 only within Weld County. 2. Term of Agreement: This Agreement is intended only to deal with the conduct of the November 3, 1998 election. 3. The Jurisdiction agrees to perform all of the following tasks and activities as are applicable to it, to-wit: a. Conduct all procedures required of the clerk for initiatives, referenda, and referred measures under the provisions of C.R.S. § § 31-11-101 through 117 and 22-30-104(4). Page 1 of 6 981722 b. 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; determine candidate eligibility, 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, § 1-4-501(1), § 22-31-107, C.R.S., and those portions of the Colorado Municipal Election Code of 1965, Article X of Title 31 as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content, including a list of candidates, ballot title, and text, must be certified to the County Clerk prior to 55 days before the election, pursuant to §§ 1-1-110(3) and 1-5-203(3), C.R.S. d. 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 but only to the extent such publications and notices are not duplicative of publication and notices provided by the County Clerk pursuant to paragraph 4.c. of this Agreement. e. 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 45th 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 42 days prior to the election. No portion of this paragraph shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. f. Publish or post within the jurisdiction any notices or ballots if required in addition to County publications set forth in paragraph 4.b herein which notice may incorporate the County Clerk's notice pursuant to C.R.S. 1-5-205 (1.2). g. Pay the sum of$.50 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 3, 1998 election, with a $200 minimum, within 30 days of billing, regardless of whether or not the election is actually held. Notwithstanding the foregoing, for any election which does not involve a ballot issue requiring Article X, Page 2 of 6 981722 Section 20 notices, Jurisdiction shall be liable for$.30 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 3, 1998 election, with a $200 minimum, plus any additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. 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 paragraph 4(g) of this Agreement. If the Jurisdiction cancels the election before its Section 20, Article X notices are due to the County and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall also be responsible for costs of recounts pursuant to C.R.S. § § 1-10-309, 1-10-303 or 1-11-215 unless otherwise provided pursuant to § § 1-10-304 and 304.5. h. 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. Carry out all actions necessary for cancellation of an election including notice pursuant to C.R.S. § 1-5-208 and pay any costs incurred by the County Clerk within 30 days of receipt of an invoice setting forth the costs of the canceled election pursuant to C.R.S. 1-5-208(5). 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 publish and post notice,as directed in C.R.S. § 1-5- 205. Publication by the County Clerk will only be in the County legal newspaper and the Greeley Tribune and the designated election official is responsible for any additional notices pursuant to¶ 3g herein . 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 Page 3 of 6 981722 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 19, 1998 and ending October 30, 1998. 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 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 This Agreement shall be interpreted to consistent with the Code, and provisions of Title 31 and 22 applicable to the conduct of elections and 8 C.C.R. 1505-1. . Should there be irreconcilable conflicts between the statutes, this agreement and the Colorado Regulations,the statutes shall first prevail, then this agreement and lastly the Colorado Regulations. Page 4 of 6 981722 rv\.\YY rrlLGJ\LLnL I lU1N\3LflUlJ 10.WYU I. U�',.li J Vl U 981722 APPROVED AS TO FORM: ATTEST: , _ // Clerk to the Board of:ip ss e ounty Attorney Deputy Clerk to the B '� eld /ounty School Distri #: ��sfiL'fii APPROVED AS TO FORM Anthony Pal/i, uperi tendant ATTEST: Tit 4aCk) Stow itw , orney for Jurisdiction M.\WPFILES\ELECTION\SCHDIST6.WPD Page 6 of 6 981722 1998 Master Memorandum of Intergovernmental Agreement for Conduct of Coordinated Elections TOWN OF PLATTEVILLE 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 3, 1998 coordinated election conducted pursuant to the Uniform Election Code of 1992 as amended (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 via polling place on November 3, 1998, 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(2)and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 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 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 3. 1998 election. 3. The Jurisdiction agrees to perform the following tasks and activities: a. Conduct all procedures required of the clerk for initiatives, referenda, and referred measures under the provisions of C.R.S. § § 31-11-101 through 117 Page 1 of 6 981722 and 22-30-104(4). b. 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; determine candidate eligibility, 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, § 1-4-501(1), § 22-31-107, C.R.S., and those portions of the Colorado Municipal Election Code of 1965,Article X of Title 31 as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content,including a list of candidates, ballot title, and text, must be certified to the County Clerk prior to 55 days before the election, pursuant to §§ 1-1-110(3) and 1-5-203(3), C.R.S. d. 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. e. 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 45th 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 42 days prior to the election. No portion of this paragraph shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. f. Accept affidavits of intent to accept write-in candidacy up until close of business on August 31, 1998 and provide a list of valid affidavits received to the County Clerk pursuant to C.R.S. §§ 1-4-1101 and 1102. g. Publish or post within the jurisdiction any notices or ballots if required in addition to County publications set forth in ¶ 4.b herein which notice may incorporate the County Clerk's notice pursuant to C.R.S. 1-5-205 (1.2). h. Pay the sum of$.50 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 3, 1998 Page 2 of 6 99ifl 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 $.30 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 3, 1998 election, with a $200 minimum, plus any additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. 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 1j 4(g) of this Agreement. If the Jurisdiction cancels the election before its Section 20,Article X notices are due to the County and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall also be responsible for costs of recounts pursuant to C.R.S. § § 1-10-309, 1-1-303 or 1-11-215 unless otherwise provided pursuant to § § 1-10-304 and 304.5. 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. j. 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 or as its use is specifically authorized by the Code. k. 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. 1. Carry out all actions necessary for cancellation of an election including notice pursuant to C.R.S. § 1-5-208 and pay any costs incurred by the County Clerk within 30 days of receipt of an invoice setting forth the costs of the canceled election pursuant to C.R.S. 1-5-208(5). 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 Page 3 of 6 981722 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 publish and post notice,as directed in C.R.S. § 1-5- 205. Publication by the County Clerk will only be in the County legal newspaper and the Greeley Tribune and the designated election official is responsible for any additional notices pursuant to 113g herein . 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 19, 1998 and ending October 30, 1998. 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 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. Page 4 of 6 981722 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 This Agreement shall be interpreted to consistent with the Code, and provisions of Title 31 and 22 applicable to the conduct of elections and 8 C.C.R. 1505-1. . Should there be irreconcilable conflicts between the statutes,this agreement and the Colorado Regulations, the statutes shall first prevail, then this agreement and lastly the Colorado Regulations. 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 ij 3 h 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: (970)353-3840 Extension 3100, fax number: (970)353-1964. address: P.O. Box 459 Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdiction at phone: fax: address: Page 5 of 6 981722 DATED this 9th day of September Y1998. WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD J.A. "Suki" Tsukamoto Constance L.Harbert, Chairman (09/09/98) APPROVED AS TO FORM: ATTEST: I�,� •-` �, :7Jci7i. f Clerk to the Board 7 ' Co. �,, a ��cers is �"nr �1 County Attorney Deputy Clerk to the q�1 (Jurisdiction) Town of Platteville (Title) APPROVED AS TO FORM • ATTEST:G // (Title L,l On. L3-rt_,'�—.1 Attorney or Juns action M:\KSEILER\98ELECM.LDM Page 6 of 6 981722 1998 Master Memorandum of Intergovernmental Agreement for Conduct of Coordinated Elections TOWN OF ERIE 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 3, 1998 coordinated election conducted pursuant to the Uniform Election Code of 1992 as amended (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 via polling place on November 3, 1998, 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(2)and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 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 and k x` ltli r 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 3, 1998 election. 3. The Jurisdiction agrees to perform the following tasks and activities: a. Conduct all procedures required of the clerk for initiatives, referenda, and referred measures under the provisions of C.R.S. § § 31-11-101 through 117 Page 1 of 6 981722 and 22-30-104(4). b. 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; determine candidate eligibility, 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, § 1-4-501(1), § 22-31-107, C.R.S., and those portions of the Colorado Municipal Election Code of 1965,Article X of Title 31 as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content,including a list of candidates, ballot title, and text, must be certified to the County Clerk prior to 55 days before the election, pursuant to §§ 1-1-110(3) and 1-5-203(3), C.R.S. d. 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. e. 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 45th 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 42 days prior to the election. No portion of this paragraph shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. f. Accept affidavits of intent to accept write-in candidacy up until close of business on August 31, 1998 and provide a list of valid affidavits received to the County Clerk pursuant to C.R.S. §§ 1-4-1101 and 1102. g. Publish or post within the jurisdiction any notices or ballots if required in addition to County publications set forth in¶ 4.b herein which notice may incorporate the County Clerk's notice pursuant to C.R.S. 1-5-205 (1.2). T h. Pay the sum of$.50 per registered elector eligible to vote in the Jurisdiction election as of the final date of registration prior to the November 3, 1998 Page 2 of 6 981722 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 $.30 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 3, 1998 election, with a $200 minimum, plus any additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. 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. If the Jurisdiction cancels the election before its Section 20,Article X notices are due to the County and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall also be responsible for costs of recounts pursuant to C.R.S. § § 1-10-309, 1-1-303 or 1-11-215 unless otherwise provided pursuant to § § 1-10-304 and 304.5. 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. j. 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 or as its use is specifically authorized by the Code. k. 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. 1. Carry out all actions necessary for cancellation of an election including notice pursuant to C.R.S. § 1-5-208 and pay any costs incurred by the County Clerk within 30 days of receipt of an invoice setting forth the costs of the canceled election pursuant to C.R.S. 1-5-208(5). 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 Page 3 of 6 981722 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 publish and post notice,as directed in C.R.S. § 1-5- 205. Publication by the County Clerk will only be in the County legal newspaper and the Greeley Tribune and the designated election official is responsible for any additional notices pursuant to¶ 3g herein . 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 19, 1998 and ending October 30, 1998. 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 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. Page 4 of 6 981'7'22 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 This Agreement shall be interpreted to consistent with the Code, and provisions of Title 31 and 22 applicable to the conduct of elections and 8 C.C.R. 1505-1. . Should there be irreconcilable conflicts between the statutes,this agreement and the Colorado Regulations, the statutes shall first prevail, then this agreement and lastly the Colorado Regulations. 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 ¶ 3 h 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. £ Notice shall be given by Jurisdiction to the Clerk at phone: (970)353-3840 Extension 3100, fax number: (970)353-1964, address: P.O. Box 459 Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdictionat phone? i:3))2/ :FAT' fax:c;3[.5) `)QL ,c1 AS" address: }). -2 ia Page 5 of 6 981722 DATED this 9th day of September , 1998. WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD `— (�=v�.r�7�v�.��/mac.✓ J.A. "Suki" Tsukamoto c/N� Constance L.Harbert, Chairman (09/09/98) APPROVED AS TO FORM: ATTEST: Lil / Clerk to the Board of Io isteci :r+' Co ty Attorney Deputy Clerk to the / ( kJ�I� (Jurisdiction) (Title) Kk4\*o.?... APPROVED AS TO FORM ATTEST: futi 3u-titip (Title) - _�l i /mot_ �l - Attorney for Jurisdiction M:\KSEILER\98ELECM.LDM Page 6 of 6 981722 SEP 2 '99 11:53 FROM WELD COUNTY CLERK TO 8952221 PRGE.002/O07 1998 Master Memorandum of Intergovernmental Agreement for Conduct of Coordinated Elections PAWNEE SCHOOL DISTRICT RE-12,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 3, 1998 coordinated election conducted pursuant to the Uniform Election Code of 1992 as amended(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 via polling place on November 3, 1998, and WHEREAS,the Jurisdiction agrees to conduct a coordinated election with the County Cleric acting as the coordinated election official,and WHEREAS,the County Clerk is the"coordinated election official"pursuant to C.R.S.§ 1-7- 116(2)and is to perform certain election services in consideration of performanceby the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 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 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 3, 1998 election_ 3. The Jurisdiction agrees to perform the following tasks and activities: a. Conduct all procedures required of the clerk for initiatives, referenda, and referred measures under the provisions of C.R.S. § § 31-11-101 through 117 Page 1 of 6 981722 SEP 2 '98 11:54 FROM WELD COUNTY CLERK TO 8952221 PAGE.003/007 and 22-30-104(4). b. 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; determine candidate eligibility, 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, § 1-4-501(1), § 22-31-107, C.R.S., and those portions of the Colorado Municipal Election Code of 1965,Article X of Title 31 as adopted by reference pursuant to § 1-4-805,C.R.S. c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content,including a list of candidates, ballot title, and text, must be certified to the County Clerk prior to 55 days before the election, pursuant to §§ 1-1-110(3)and 1-5-203(3),C.R.S. d. 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. e. Accept written comments for and against ballot issues pursuant to C.R.S. §§ 1-7-901 and I-40-125(2)(e). Comments to be accepted must be filed by the end of the business day on the Friday before the 45th 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 42 days prior to the election. No portion of this paragraph shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. f. Accept affidavits of intent to accept write-in candidacy up until close of business on August 31, 1998 and provide a list of valid affidavits received to the County Clerk pursuant to C.R.S. §§ 1-4-1101 and 1102 g. Publish or post within the jurisdiction any notices or ballots if required in addition to County publications set forth in¶ 4.b herein which notice may incorporate the County Clerk's notice pursuant to C.R.S. 1-5-205 (1.2). h. Pay the sum of$.50 per registered elector eligible to vote in the Jurisdictions election as of the final date of registration prior to the November 3, 1998 Page 2 of 6 981 722 SEP 2 '98 11:54 FROM WELD COUNTY CLERK TO 8952221 PRGE.004/007 election, with a $200 minimum, within 30 days of billing, regardless of whether or not the election is actually held. Notwithstanding the foregoing, for any election which does not involve a ballot issue requiring Article X, Section 20 notices,Jurisdiction shall be liable for$.30 per registered elector eligible to vote in the Jurisdiction'selection as of the final date of registraticn prior to the November 3, 1998 election, with a $200 minimum, plus any additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. 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. If the Jurisdiction cancels the election before its Section 20,Article X notices are due to the County and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall also be responsible for costs of recounts pursuant to C.R.S. § § 1-10-309, 1-1-303 or 1-11-215 unless otherwise provided pursuant to § § 1-10-304 and 304.5. 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. J. 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 or as its use is specifically authorized by the Code. k. 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. Carry out all actions necessary for cancellation of an election including notice pursuant to C.R.S. § 1-5-208 and pay any costs incurred by the County Clerk within 30 days of receipt of an invoice setting forth the costs of the canceled election pursuant to C.R.S. 1-5-208(5). 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 Jurisdictim Page 3 of 6 981722 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 publish and post notice,as directed in C.R.S.§ 1-5- 205. Publication by the County Clerk will only be in the County legal newspaper and the Greeley Tribune and the designated election official is responsible for any additional notices pursuant to¶3g herein 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 19, 1998 and ending October 30, 1998. 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 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. Page 4 of 6 981722. SEP 2 '98 11:55 FROM WELD COUNTY CLERK TO 8952221 PRGE.005/007 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 This Agreement shall be interpreted to consistent with the Code, and provisions of Title 31 and 22 applicable to the conduct of elections and 8 C.C.R. 1505-1. . Should there be irreconcilable conflicts between the statutes,this agreement and the Colorado Regulations, the statutes shall first prevail,then this agreement and lastly the Colorado Regulations. 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,nor as a penalty,refund all payments made,pursuant to ¶ 3 h 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. 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 Jurisdiction to the Clerk at phone: (970)353-3840 Extension 3100, fax number: (970)353-1964, address: P O. Box 459 Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdiction at phone:9/C-flC-2n1 fax: 971)— 89s-- n2-I address: f 0 ,6,1x zzc j rieev5C, Co SSo7z9 . Page 5 of 6 981722 SEP 2 '98 11:55 FROM WELD COUNTY CLERK TO 8952221 PRGE.006/007 DATED this 9th day of Sepr pribpr , 1998- WELD COUNTY CLERK& RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD .A. "Saki"Tsukamoto ✓� Constance L.Harbert, Chairman (09/09/98) APPROVED AS TO FORM: ATTEST: JQ4'"r/ Clerk to the Board , 7Co ,tc"i i��+'� isc1 /jWbp Gc'-L4 Co ty Attorney Deputy Clerk to theer� (Jurisdiction) �. ' (Title)'�12 4Lt-ra Co^1t APPROVED AS TO FORM ATTEST- (Title) Attorney for Jurisdiction M-\KSEILER\98GENERA\98ELECM.LWM Page 6 of 6 981722 1998 Master Memorandum of Intergovernmental Agreement for Conduct of Coordinated Elections BRIGGSDALE 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, hereinafter referred to as "County Clerk",concerning the administration of the November 3, 1998 coordinated election conducted pursuant to the Uniform Election Code of 1992 as amended(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 via polling place on November 3, 1998, 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(2)and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 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 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 3, 1998 election. 3. The Jurisdiction agrees to perform the following tasks and activities: a. Conduct all procedures required of the clerk for initiatives, referenda, and referred measures under the provisions of C.R.S. § § 31-11-101 through 117 Page 1 of 6 981722 and 22-30-104(4). b. 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; determine candidate eligibility, 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, § 1-4-501(1), § 22-31-107, C.R.S., and those portions of the Colorado Municipal Election Code of 1965,Article X of Title 31 as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content,including a list of candidates, ballot title, and text, must be certified to the County Clerk prior to 55 days before the election, pursuant to §§ 1-1-110(3) and 1-5-203(3), C.R.S. d. 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. e. 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 45th 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 42 days prior to the election. No portion of this paragraph shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. f. Accept affidavits of intent to accept write-in candidacy up until close of business on August 31, 1998 and provide a list of valid affidavits received to the County Clerk pursuant to C.R.S. §§ 1-4-1101 and 1102. g. Publish or post within the jurisdiction any notices or ballots if required in addition to County publications set forth in¶ 4.b herein which notice may incorporate the County Clerk's notice pursuant to C.R.S. 1-5-205 (1.2). h. Pay the sum of$.50 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 3, 1998 Page 2 of 6 981722 election, with a $200 minimum, within 30 days of billing, regardless of whether or not the election is actually held. Notwithstanding the foregoing, for any election which does not involve a ballot issue requiring Article X, Section 20 notices,Jurisdiction shall be liable for$.30 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 3, 1998 election, with a $200 minimum, plus any additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. 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. If the Jurisdiction cancels the election before its Section 20,Article X notices are due to the County and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall also be responsible for costs of recounts pursuant to C.R.S. § § 1-10-309, 1-1-303 or 1-11-215 unless otherwise provided pursuant to § § 1-10-304 and 304.5. 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. j. 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 or as its use is specifically authorized by the Code. k. 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. 1. Carry out all actions necessary for cancellation of an election including notice pursuant to C.R.S. § 1-5-208 and pay any costs incurred by the County Clerk within 30 days of receipt of an invoice setting forth the costs of the canceled election pursuant to C.R.S. 1-5-208(5). 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 Page 3 of 6 981722 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 publish and post notice,as directed in C.R.S. § 1-5- 205. Publication by the County Clerk will only be in the County legal newspaper and the Greeley Tribune and the designated election official is responsible for any additional notices pursuant to¶ 3g herein . 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 19, 1998 and ending October 30, 1998. 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 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. Page 4 of 6 981722 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 This Agreement shall be interpreted to consistent with the Code, and provisions of Title 31 and 22 applicable to the conduct of elections and 8 C.C.R. 1505-1. . Should there be irreconcilable conflicts between the statutes,this agreement and the Colorado Regulations, the statutes shall first prevail, then this agreement and lastly the Colorado Regulations. 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 ¶ 3 h 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: (9701353-3840 Extension 3100, fax number: (9701353-1964, address: P.O. Box 459 Greeley, CO 80632; and the Jurisdiction notice shall be given to the Jurisdiction at phone: fax: address: Page 5 of 6 981722 DATED this 9th day of September r , 1998. WELD COUNTY CLERK& RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD 7f1teJ Dir _--�.A. uki" Tsukamoto Constance L.Har ert, Chairman (09/09/98) APPROVED AS TO FORM: ATTEST: Clerk to the Board / 136 i�tf sVCtP /1) e2-11-‘11A'\ `rs ounty Attorne • Deputy Clerk to they . f. (Jurisdiction)_ /'// a b ON e4.t " ,-b-7•. (Title) S, APPROVED AS TO FORM ATTEST: (Title) Attorney for Jurisdiction M:\KSEILER\98ELECM.LDM Page 6 of 6 981722 ur^, n r, C, Ks FEfl Memorandum of Intergovernmental Agreement1998 SEP - i AM 10: 20 for Conduct of Coordinated Elections Thompson School District R 2J, 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 3, 1998 coordinated election conducted pursuant to the Uniform Election Code of 1992 as amended (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 via polling place on November 3, 1998, 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(2) and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 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, Boulder and Latimer Counties. 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 3, 1998 election. 3. The Jurisdiction agrees to perform the following tasks and activities: a. Conduct all procedures required of the clerk for initiatives, referenda, and referred measures under the provisions of C.R.S. § § 31-11-101 through 117 and 22-30-104(4). 981722 i. Carry out all actions necessary for cancellation of an election including notice pursuant to C.R.S. § 1-5-208 and pay any costs incurred by the County Clerk within 30 days of receipt of an invoice setting forth the costs of the canceled election pursuant to C.R.S. 1-5-208(5). 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 publish and post notice, as directed in C.R.S. § 1-5-205. Publication by the County Clerk will only be in the County legal newspaper and the Greeley Tribune and the District election official is responsible for any additional notices pursuant to 113e herein . 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 19, 1998 and ending October 30, 1998. 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 eligible for receiving a fee, and bill the Jurisdiction according to the formula in¶ 3(1). 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 981722 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 This Agreement shall be interpreted to consistent with the Code, and provisions of Title 31 and 22 applicable to the conduct of elections and 8 C.C.R. 1505-1. . Should there be irreconcilable conflicts between the statutes, this agreement and the Colorado Regulations, the statutes shall first prevail, then this agreement and lastly the Colorado Regulations. 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 ¶ 3(f) 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: (970)353- 3840. Extension 3100, fax number: (970)353-1964, address: P.O Box 981722 b. Establish order of ballot questions pursuant to § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content, including a list of candidates, ballot title, and text, must be certified to the County Clerk no later than September 8, 1998. c. 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. d. 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 45th 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 42 days prior to the election. No portion of this paragraph shall require the County Clerk to prepare summarit s regarding the Jurisdiction's ballot issues. e. Publish or post within the jurisdiction any notices or ballots if required in addition to County publications set forth in ¶ 4.6 herein which notice may incorporate the County Clerk's notice pursuant to C.R.S. 1-5-205 (1.2). £ Pay the sum of$.50 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 3, 1998 election, with a $200 minimum, within 30 days of billing, regardless of whether or not the election is actually held. 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. If the Jurisdiction cancels the election before its Section 20, Article X notices are due to the County and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall also be responsible for costs of recounts pursuant to C.R.S. § § 1-10-309, 1-10-303 or 1-11-215 unless otherwise provided pursuant to § § 1-10-304 and 304.5. h. 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. 991722 459, Greeley. CO 80632; and the Jurisdiction notice shall be given to the Jurisdiction at phone: 970-669-3940 fax: 970-667-2141, address: Elaine Zeller, Thompson School District R 2J, 535 Douglas Avenue; Loveland, CO 80537. DATED this 9th day of September , 1998. WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD 0 .A. "Suki" Tsukamoto Constance L.Harbert, Chairman (09/09/98) APPROVED AS TO FORM: ATTEST: �� .� ,i .. ,•,�� Clerk to the Board o o Commissioners ,am O 4 _ 471,14,I r(oda ea.,A Co ty Attorney Deputy Clerk to the fir• =. (Jurisdiction) ../Anu aza—},l',/indk '�`'e l. (Title)C,L�it_v,, eJt J c� .�• APPROVED AS TO FORM 17,aa-t . y, ATTEST: jatrairearracraia•s-- (Title) Attorney for Jurisdiction G\W PIITSDW gmtnt\98ekc2.wpd 981722 1998 Master Memorandum of Intergovernmental Agreement for Conduct of Coordinated Elections WESTERN HILLS 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,hereinafter referred to as "County Clerk",concerning the administration of the November 3, 1998 coordinated election conducted pursuant to the Uniform Election Code of 1992 as amended (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 via polling place on November 3, 1998, 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(2)and is to perform certain election services in considerationof performance by the Jurisdiction of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30- 104(2), 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 and WELD 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 3, 1998 election. 3. The Jurisdiction agrees to perform the following tasks and activities: a. Conduct all procedures required of the clerk for initiatives, referenda, and referred measures under the provisions of C.R.S. § § 31-11-101 through 117 Page 1 of 6 991722 and 22-30-104(4). b. 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; determine candidate eligibility, 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, § 1-4-501(1), § 22-31-107, C.R.S., and those portions of the Colorado Municipal Election Code of 1965,Article X•of Title 31 as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content,including a list of candidates, ballot title, and text, must be certified to the County Clerk prior to 55 days before the election, pursuant to §§ 1-1-110(3) and 1-5-203(3), C.R.S. d. 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. e. 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 45th 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 42 days prior to the election. No portion of this paragraph shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. f. Accept affidavits of intent to accept write-in candidacy up until close of business on August 31, 1998 and provide a list of valid affidavits received to the County Clerk pursuant to C.R.S. §§ 1-4-1101 and 1102. g. Publish or post within the jurisdiction any notices or ballots if required in addition to County publications set forth in¶ 4.b herein which notice may incorporate the County Clerk's notice pursuant to C.R.S. 1-5-205 (1.2). h. Pay the sum of$.50 per registered elector eligible to vote in the Jurisdictions election as of the final date of registration prior to the November 3, 1998 Page 2 of 6 981722 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 $.30 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 3, 1998 election, with a $200 minimum, plus any additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. 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. If the Jurisdiction cancels the election before its Section 20,Article X notices are due to the County and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall also be responsible for costs of recounts pursuant to C.R.S. § § 1-10-309, 1-1-303 or 1-11-215 unless otherwise provided pursuant to § § 1-10-304 and 304.5. 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. j. 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 or as its use is specifically authorized by the Code. k. 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. 1. Carry out all actions necessary for cancellation of an election including notice pursuant to C.R.S. § 1-5-208 and pay any costs incurred by the County Clerk within 30 days of receipt of an invoice setting forth the costs of the canceled election pursuant to C.R.S. 1-5-208(5). 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 Page 3 of 6 981722 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 publish and post notice,as directed in C.R.S. § 1-5- 205. Publication by the County Clerk will only be in the County legal newspaper and the Greeley Tribune and the designated election official is responsible for any additional notices pursuant to¶3g herein . 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 19, 1998 and ending October 30, 1998. 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 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 appointmentsnot 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. Page 4 of 6 981722 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 This Agreement shall be interpreted to consistent with the Code, and provisions of Title 31 and 22 applicable to the conduct of elections and 8 C.C.R. 1505-1. . Should there be irreconcilable conflicts between the statutes,this agreement and the Colorado Regulations, the statutes shall first prevail, then this agreement and lastly the Colorado Regulations. 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 ¶ 3 h 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. £ Notice shall be given by Jurisdiction to the Clerk at phone: (970)353-3840 Extension 3100, fax number: (9701353-1964, address: P.O. Box 459 Greeley. CO 80632; and the Jurisdiction notice shall be given to the Jurisdiction at phone: 356-1424 fax: (970) 350-9525 address: 1731 CEDAR AVENUE; GREELEY, CO 80631 Page 5 of 6 981722 DATED this `7 ' day oftlrrl2 / , 1998. WELD COUNTY CLERK& RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD ASe J.A. "Suki"Tsukamoto Constance L.Harbert, Chairman (o 09/ ) APPROVED AS TO FORM: ATTEST: . ' „,,s' i, l/. Clerk to the Board of C t}e'�q � o �� t Attorney —�� Deputy Clerk to the P l Y Y �� X04_- . (Jurisdiction) WESTERN HILLS FIRE PROTECTION DISTRICT (Title) PR SIDE APPROVED AS TO FORM l \ ATTEST: (Title) 44&a•iAttorn f sdiction RET M:\KSEILER\98ELECM.LDM Page 6 of 6 981722 MEMORANDUM OF INTERGOVERNMENTAL AGREEMENT FOR CONDUCT OF COORDINATED ELECTIONS The CITY OF GREELEY(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 3, 1998 coordinated election conducted pursuant to the Uniform Election Code of 1992, as amended(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 to 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 via polling place on November 3, 1998; 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(2)and is to perform certain election services in consideration of performance by the Jurisdiction of the obligations hereinbelow set forth; and WHEREAS,such agreements are authorized by statute at C.R.S. §§ 1-1-111(3), 1-7-116,22- 30-104(2), 22-31-103 and 29-1-203, et seq.; and WHEREAS, there was a Court Order from the District Court, County of Weld, State of Colorado, Case Nos. 97CV724 and 97CV729, between the City of Greeley, Weld County and individuals challenging the 1997 coordinated election results of the sales tax ballot issues; and WHEREAS, for purposes of the November 3, 1998 coordinated election only, contrary to the general provisions of the Memorandum of Intergovernmental Agreement for Conduct of Coordinated Election,the Court Order held that"the County shall,if requested by the City,provide the next coordinated election at no charge to the City, whether or not the sales tax issue is on the ballot." 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 3, 1998 election. 981922 4% 0 3. The Jurisdiction agrees to perform the following tasks and activities: a. Conduct all procedures required of the clerk for initiatives, referenda, and referred measures under the provisions of C.R.S. § § 31-11-101 through 117 and 22- 30-104(4). b. 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; determine candidate eligibility, 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, § 1-4-501(1), § 22-31-107, C.R.S., and those portions of the Colorado Municipal Election Code of 1965, Article X of Title 31, as adopted by reference pursuant to C.R.S. § 1-4-805. c. Establish order of names and questions pursuant to §1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content, including a list of candidates, ballot title, and text, must be certified to the County Clerk prior to 5.5 days before the election, pursuant to C.R.S. § 1-1- 110(3) and 1-5-203(3). d. Publish and post notices of election pursuant to C.R.S. §1-5-205, 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. e. 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 45th day before the election. Preparation of summaries of written comments shall be done by the Jurisdiction, but only to the extent required pursuant to C.R.S. § 1-7-903. The full text of any required ballot issue notices must be transmitted to and received by the County Clerk no less than 42 days prior to the election. No portion of this paragraph shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. f Accept affidavits of intent to accept write-in candidacy up until close of business on August 31, 1998 and provide a list of valid affidavits received to the County Clerk pursuant to C.R.S. §§ 1-4-1101 and 1102. g. Publish or post within the jurisdiction any notices of ballots if required in addition to County publications set forth in 114.6 herein which notice may incorporate the County Clerk's notice pursuant to C.R.S. § 1-5-205(1.2). 981722 tkq h. Pay the sum of 500 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 3, 1998 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 300 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 3, 1998 election, with a $200 minimum, plus any additional costs pursuant to 8 C.C.R. 1505-1 §5.4.2.2. 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. If the Jurisdiction cancels the election before its Section 20, Article X notices are due to the County and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses. Notwithstanding the preceding provisions of this paragraph related to the cost of the coordinated election, the November 3, 1998 coordinated election with the City of Greeley shall be paid for in its entirety by Weld County, per Court Order from the District Court, County of Weld, State of Colorado, Case Nos. 97CV724 and 97CV729, wherein the District Court ordered, "The County shall, if requested by the City, provide the next coordinated election at no charge to the City, whether or not the sales tax issue is on the ballot." 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. j. 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 or as its use is specifically authorized by the Code. k. Mail notices pursuant to C.R.S. § 1-7-906(2)for active registered electors who do not reside within the County or counties where the political subdivision is located. I. Carry out all actions necessary for cancellation of an election, including notice pursuant to C.R.S. § 1-5-208 and pay any costs incurred by the County Clerk within 30 days of receipt of an invoice setting forth the costs of the canceled election pursuant to C.R.S. § 1-5-208(5). 4. Duties of County Clerk. Agrees to perform the following tasks and activities: 3 981722 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 publish and post notice, as directed in C.R.S. § 1-5- 205. Publication by the County Clerk will only be in the County legal newspaper and the Greeley Tribune and the designated election official is responsible for any additional notices pursuant to ¶ 3.g herein. 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 19, 1998 and ending October 30, 1998. 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 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 that 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 IS 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. 4 981722 �, i b. Conflict of Agreement with law. This Agreement shall be interpreted to be consistent with the Code, and provisions of Title 31 and 22 applicable to the conduct of elections and 8 C.C.R. 1505-1. Should there be irreconcilable conflicts between the statutes, this Agreement and the Colorado Regulations, the statutes shall first prevail, then this Agreement and lastly the Colorado Regulations. 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 ¶ 3.h 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: (970) 353-3840, Extension 3100; fax number: (970) 353-1964; address: P.O. Box 459, Greeley, Co 80632; and the Jurisdiction notice shall be given to the Jurisdiction at phone: fax: (970) 350-9736; address: c/o , 1000 Tenth Street, Greeley, CO 80631 . DATED this Q day of S , 1998. BOARD OF COUNTY COMMISSIONERS WELD COUNTY CLERK & RECORDER OF THE COUNTY OF WELD .A. "Suki" Tsukamoto Constance L. Harbert, Chairman O9fo9/92) 5 981722 r,;� ATTEST: A4/ / vø ,J ti APPROVED AS TO RM: Clerk to the Board of Count &hinfliii : tQJ' ' Coun o ty Clerk to the Boa �C,'',L c"' "^" A \°kiie NC JURISDICTION ATTEST: THE CITY OF GREELEY, COLORADO i A . 1 142 City Clk Ma or APPROVED AS TO SUBSTANCE: APP VED AS TO L GAL ORM: 14/ By; J e.------__.By: . Ci ty n r ityty a age City tt e y AS TO AVAILABILITY OF FUNDS: By: ___C-2. Director of Fin 6 981722 ,f Hello