HomeMy WebLinkAbout951875.tiffRESOLUTION
RE: APPROVE FORMS OF MEMORANDUM OF INTERGOVERNMENTAL AGREEMENT
FOR CONDUCT OF COORDINATED ELECTIONS AND AUTHORIZE CHAIRMAN TO
SIGN ALL NECESSARY DOCUMENTS
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with two basic forms for agreement for conduct
of coordinated elections between various jurisdictions and the Board of County Commissioners of
Weld County and the Clerk and Recorder for Weld County: 1995 School Version (including Weld
County School District 6 and Aims Community College minor variations) and 1995 Master
Memorandum, and
WHEREAS, the agreements concern the administration of the November 7, 1995,
coordinated polling place election, with the further terms and conditions being as stated in said
memoranda, and
WHEREAS, after review, the Board deems it advisable to approve the form of said
memoranda, copies of which are attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the forms for the 1995 School Version, including Weld County School
District 6 and Aims Community College minor variations, and for the 1995 Master Version of the
Memorandum of Intergovernmental Agreement for Conduct of Coordinated Elections between
various jurisdictions, the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and the Weld County Clerk and Recorder be, and hereby are,
approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized
to sign all documents consistent with said form of memoranda.
951875
CR0012
FORMS OF AGREEMENTS FOR COORDINATED ELECTIONS - 1995 SCHOOL AND MASTER
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 6th day of September, A.D., 1995.
BOARD OF COUNTY COMMISSIONERS
ifylClerk to the Board
Deitt--
Deputy ClerNto the Board
VEDAS TO F
ouAttorney
D COUNTY, CO RA
Dale K. Hall, Chairman
x,41(.
arbaJ. Kirkmeyer, o-Tem
o �
%e . Baxter
Constance L. Harbert
W. H". Webster
951875
CR0012
EXHIBIT "A"
1995 Master
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
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 7, 1995 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 7, 1995, and
WHEREAS, the Jurisdiction agrees to conduct a coordinated election with the County Clerk
acting as the coordinated election official, and
WHEREAS, the County Clerk is the "coordinated election official" pursuant to C.R.S. § 1-7-
116(1) and is to perform certain election services in consideration of performance by the Jurisdiction
of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§ 1-7-116, 22-31-103, and 29-1-
203, et seq., C.R.S.
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as
follows:
1. The Jurisdiction encompasses territory within Weld County and
(Weld County only) 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 7, 1995 election.
3. The Jurisdiction agrees to perform the following tasks and activities:
a. Receive initiated petitions for local ballot issues where authorized by law,
pursuant to § 1-40-109(2), C.R.S., and make determinations as to form.
Page 1 of 6
951875
b. Check signatures on initiated petitions and determine and issue, where
appropriate, a statement of sufficiency, pursuant to § 1-40-118(1), C.R.S.or
pursuant to local Charter.
c. Defend against protests filed with the District Court, pursuant to § 1-40-118
through 120, C.R.S.
d. Publish notice of a call for nominations for non-partisan elections, where
applicable, pursuant to § 1-5-204, C.R.S.
e. To do all tasks required by law of designated election officials concerning
nomination of candidates by petition, including, but not limited to: issue
approval as to form, where appropriate, of nominating petition; receive
candidate acceptance of nominations; accept notice of intent, petitions for
nomination, and affidavits of circulators; verify signatures on nominating
petitions; and hear any protests of the nominating petitions, as said tasks are
set forth in any applicable provisions of Title 1, Article IV, Parts 8 and 9, §
22-31-107, C.R.S., and those portions of the Colorado Municipal Election
Code of 1965, Article X of fitle 31 as adopted by reference pursuant to § 1-
4-805, C.R.S.
f. Establish order of names and questions for Jurisdiction's portion of the ballot
and submit to the County Clerk. The ballot content, including a list of
candidates, ballot title, and text, must be certified to the County Clerk at least
55 days prior to the election, pursuant to §§ 1-1-110(3) and 1-5-203(3),
C.R.S.
Publish and post notices of election pursuant to § 1-5-205, C.R.S., and
include the information regarding the walk-in location address for application
or return of absentee ballots as set forth in paragraph 4.c of this Agreement.
h. Accept written comments for and against ballot issues pursuant to C.R.S. §§
1-7-901 and 1-40-125(2)(e). Comments to be accepted must be filed by the
end of the business day on the Friday before the 30th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to § 1-7-903, C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 25 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
g.
Page 2 of 6
951875
Accept affidavits of intent to accept write-in candidacy and provide a list of
valid affidavits received to the County Clerk pursuant to C.K.S. §§ 1-4-1101
and 1102.
Prepare text, identify number and place for publication of measures and/or
notice of election and mailing, as required, and advise County Clerk pursuant
to C.R.S. § 1-40-125, 8 C.C.R. 1505-1 § 5.6.1., and §§ 1-7-905 and 1-7-
906(1).
k. Pay the sum of $.25 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 7, 1995
election, with a $200 minimum, within 30 days of billing, regardless of
whether or not the election is actually held. Notwithstanding the foregoing,
for any election which does not involve a ballot issue requiring Article X,
Section 20 notices, Jurisdiction shall be liable for $.15 per registered elector
eligible to vote in the Jurisdiction's election as of the final date of registration
prior to the November 7, 1995 election, with a $200 minimum, plus any
additional costs pursuant to 8 C.C.K. 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.
Designate an "election officer" who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
m. By approval of this Agreement, any municipality is resolving not to use the
provisions of the Municipal Election Code, except as otherwise set forth
herein or as its use is specifically authorized by the Code.
n. Mail notices pursuant to § 1-7-906(2) for active registered electors who do
not reside within the County or counties where the political subdivision is
located.
o. Carry out all actions necessary for cancellation of an election including notice
pursuant to C.R.S..§ 1-11-103.
Page 3 of 6
951875
p.
Prepare Article X, Section 20, Colorado Constitution notices and submit
them to the County Clerk at least 25 days prior to the election. Prepare text,
identify number and place for publication of measures,ordinances and/or
notice of election, if required, and advise County Clerk pursuant to C.R.S.
§ 1-40-124,129(2) and 8 C.C.R. 1505-1 § 5:6.1.
Duties of County Clerk
Agrees to perform the following tasks and activities:
a. Except as otherwise expressly provided for in This Agreement, to act as the
designated election official for the conduct of the election for the Jurisdiction
for all matters in the Code which require action by the designated election
official and as coordinated_election official.
b. Circulate the Article X, Section 20. Ballot Issues notices pursuant to C.R.S.
§ 1-7-905 and 906(1) and provide for their_ publication as directed by the
Jurisdiction. Provide postcard or publication notice, if required under C.R.S.
§ 1-5-206, as directed by the Jurisdiction.
c. Provide a place for early voting and application for and issuance of absentee
ballots at 1402 N. 17th Avenue, Greeley, Colorado, at the office of the Weld
County Clerk and Recorder. Early voting shall take place during the hours
of 8:30 a.m. - 4:30 p.m.. Monday - Friday starting October 16, 1995 and
ending November 3, 1995.
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.
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
g.
Page 4 of 6
951875
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.
General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the
Code shall apply to completion of the tasks required by this Agreement.
b. Conflict of Agreement with law
Portions of 8 C.C.R. 1505-1 may be inconsistent with the Code as amended
in which case the provisions of the Code shall prevail.
•
e. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages, not as a penalty, refund all payments made, pursuant to
paragraph 3k 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.
Page 5 of 6
951875
f. Notice shall be given by Jurisdiction to the Clerk at phone: 353-3840
Extension 3100, fax number: 353-1964, address: P.O. Box 459. Greeley. CO
80632; and the Jurisdiction notice shall be given to the Jurisdiction at phone:
350-9742 , fax: 350-9736
address: 1000 10th Street, GrPPlay, Co ROF31
DATED this (p day of 4,r'1hm bat, 1995.
WELD COUNTY CLERK & RECORDER !_ BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
APPROVED AS TO FORM:
wtv Attorney
unty Attorney
Dale K Hall, Chairman
ATTEST:
Clerk to the Board of County C
Deputy Cler : to the Board
oci/o6)/9,5-
(Jurisdiction) City of Greeley
*** SEE ATTACHED SIGNATURE PAGE ***
(Title)
APPROVED AS TO FORM
ATTEST:
(Title)
Attorney for Jurisdiction
C:\APPS\OFFICE\WPWIN\WPDOCS\95ELECS.EDINge 6 of 6
951875
MEMORANDUM OF INTERGOVERNMENTAL AGREEMENT
FOR CONDUCT OF COORDINATED ELECTIONS
1995 Master Agreement
Signature Page following page 6 of 6
CITY OF GREELEY, COLORADO
by'Mayor�C�
William J. ortyn,
ATTEST:
Betsy D
APPROVED AS TO SUBSTANCE:
Ob. i°
Paul M. Grattet, City Manager
APPROVED AS TO LEGAL FORM:
Richard P.Brady, City Attorney
APPROVED AS TO AVAILABILITY OF FUNDS:
Tim Nash, Direct of Finance
older, city Clerk
951875
1995 Master
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
Town of Gilcrest, 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 7, 1995 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 7, 1995, and
WHEREAS, the Jurisdiction agrees to conduct a coordinated election with the County Clerk
acting as the coordinated election official, and
WHEREAS, the County Clerk is the "coordinated election official" pursuant to C.R.S. § 1-7-
116(1) and is to perform certain election services in consideration of performance by the Jurisdiction
of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§ 1-7-116, 22-31-103, and 29-1-
203, et seq., C.R.S.
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as
follows:
1. The Jurisdiction encompasses territory within Weld County 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 7, 1995 election.
3. The Jurisdiction agrees to perform the following tasks and activities:
a. Receive initiated petitions for local ballot issues where authorized by law,
pursuant to § 1-40-109(2), C.R.S., and make determinations as to form.
Page 1 of 6
951875
b. Check signatures on initiated petitions and determine and issue, where
appropriate, -a statement of sufficiency, pursuant to § I-40-118(1), C.R.S.or
pursuant to local Charter.
c. Defend against protests filed with the District Court, pursuant to § 1-40-118
through 120, C:R.S.
d. Publish notice of a call for nominations for non-partisan elections, where
applicable, pursuant to § 1-5-204, C.R.S.
e. To do all tasks required by law of designated election officials concerning
nomination of candidates by petition, including, but not limited to: issue
approval as to form, where appropriate, of nominating petition; receive
candidate acceptance of nominations; accept notice of intent, petitions for
nomination, and affidavits of circulators; verify signatures on nominating
petitions; and hear any protests of the nominating petitions, as said tasks are
set forth in any applicable provisions of Title 1, Article IV, Parts 8 and 9, §
22-31-107, C.R.S., and those portions of the Colorado Municipal Election
Code of 1965, Article X of Title 31 as adopted by reference pursuant to § 1-
4-805, C.R.S.
f. Establish order of names and questions for Jurisdiction's portion of the ballot
and submit to the County Clerk. 'fhe ballot content, including a list of
candidates, ballot title, and text, must be certified to the County Clerk at least
55 days prior to the election, pursuant to §-§ 1-1-110(3) and 1-5-203(3),
C.R.S.
g.
Publish and post notices of election pursuant to § 1-5-205, C.R.S., and
include the information regarding the walk-in location address for application
or return of absentee ballots as set forth in paragraph 4.c of this Agreement.
h. Accept written comments for and against ballot issues pursuant to C.R.S. §§
1-7-901 and I -40-125(2)(e). Comments to be accepted must be filed by the
end of the business day on the Friday before the 30th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to § 1-7-903, C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 25 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdictions ballot issues.
Page 2 of 6
951875
Accept affidavits of intent to accept write-in candidacy and provide a list of
valid affidavits received to the County Clerk pursuant to C.R.S. §§ 1-4-1101
and 1102.
Prepare text, identify number and place for publication of measures and/or
notice of election and mailing, as required, and advise County Clerk pursuant
to C.R.S. § 1-40-125, 8 C.C.R. 1505-I § 5.6.1., and §§ 1-7-905 and 1-7-
906(1).
Pay the sum of $.25 per registered elector eligible to vote in the -Jurisdiction s
election as of the final date of registration prior to the November 7, 1995
election, with a $200 minimum, within 30 days of billing, regardless of
whether or not the election is actually held. Notwithstanding the foregoing,
for any election which does not involve a ballot issue requiring Article X,
Section 20 notices, Jurisdiction shall be liable for $.15 per registered elector
eligible to vote in the Jurisdiction's election as of the final date of registration
prior to the November 7, 1995 election, with a $200 minimum, plus any
additional costs pursuant to 8 C.C.R. 1505-I § 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.
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.
in. 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.
n. Mail notices pursuant to § 1-7-906(2) for active registered electors who do
not reside within the County or counties where the political subdivision is
located.
o. Carry out all actions necessary for cancellation of an election including notice
pursuant to C.R.S. § 1-11-103.
Page 3 of 6
951875
P.
Prepare Article X, Section 20, Colorado Constitution notices and submit
them to the County Clerkatleast 25 days prior to the election. Prepare text,
identify number and place for publication of measures,ordinances and/or
notice of election, if required, and advise County Clerk pursuant to C.R.S.
§ 1-40-124,129(2) and 8 C.C.R. 1505-1 § 5.6.1.
4. Duties of County Clerk
Agrees to perform the following tasks and activities:
a. Except as otherwise expressly provided for in this Agreement, to act as the
designated election official for the conduct of the election for the Jurisdiction
for all matters in the Code which require action by the designated election
official and as coordinated election official.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to C.R.S.
§ 1-7-905 and 906(1) and provide for their publication as directed by the
Jurisdiction. Provide postcard or publication notice, if required under C.R.S.
§ 1-5-206, as directed by the Jurisdiction.
c. Provide a place for early voting and application for and issuance of absentee
ballots at 1402 N. 17th Avenue, Greeley, Colorado, at the office of the Weld
County Clerk and Recorder. Early voting shall take place during the hours
of 8:30 a.m. - 4:30 p.m., Monday - Friday starting October 16, 1995 and
ending November 3, 1995.
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.
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
g.
Page 4 of 6
951875
appointments, and shall notify the County Clerk in writing of those
appointments not later than 15 days prior to the election. The County Clerk
shall receive and canvass all votes, and shall certify the results in the time and
manner provided and required by the Code. All recounts required by the
Code shall be conducted by the County Clerk in the time and manner
required by the Code.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the
Code shall apply to completion of the tasks required by this Agreement.
b. Conflict of Agreement with law
Portions of 8 C.C.R. 1505-I may be inconsistent with the Code as amended
in which case the provisions of the Code shall prevail.
c. Liquidated damages provision
In the event that a Court_of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages, not as a penalty, refund -all payments made, pursuant to
paragraph 3k 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 Agreemenrshall 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.
Page 5 of 6
951875
f. Notice shall be given by Jurisdiction to the Clerk at phone: 353-3840.
Extension 3100, fax number: 353-1964, address: P.O. Box 459. Greeley, CO
80632; and the Jurisdiction notice shall be given to the Jurisdiction at phone:
737-2426 , fax: 737-2427
address: P.O. Box 128, Gilcrest, CO 80623
DATED this P/724 day of ,/%GUsi
, 1995.
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
(1
J.A. "Suki" Tsukamoto c---14— Dale K Hall, Chairman
APPROVED AS TO FORM:
unty Attorney
APPROVED AS TO FORM
Attorney for Jurisdiction
ATTEST:
Clerk to the Board of County Conunl ones
t1� L --net. l
Deputy Clerldio the Board
(Jurisdiction) _
(Title)
rnacc\ Dr
ATTEST: 640 L
(Title) ��nAJA-7 C'LG2�
C:\APPS\OFFICE\WPWIN\WPDOCS\95ELECS.E0ge 6 of 6
951875
1995 Master
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
Windsor -Severance 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 7, 1995 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 7, 1995, and
WHEREAS, the Jurisdiction agrees to conduct a coordinated election with the County Clerk
acting as the coordinated election official, and
WHEREAS, the County Clerk is the "coordinated election official" pursuant to C.R.S. § 1-7-
116(1) and is to perform certain election services in consideration of performance by the Jurisdiction
of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§ 1-7-116, 22-31-103, and 29-1-
203, et seq., C.R.S.
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as
follows:
1. The Jurisdiction encompasses territory within Weld County and
Zan fi e ' 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 7, 1995 election.
3. The Jurisdiction agrees to perform the following tasks and activities:
a. Receive initiated petitions for local ballot issues where authorized by law,
pursuant to § 1-40-109(2), C.R.S., and make determinations as to form.
Page 1 of 6
951875
b. Check signatures on initiated petitions and determine and issue, where
appropriate, a statement of sufficiency, pursuant to § 1-40-118(1), C.R.S.or
pursuant to local Charter.
c. Defendagainstprotests tiled with the District Court, pursuant to § 1-40-118
through 120, C.R.S.
d. Publish notice of a call for nominations for non-partisan elections, where
applicable, pursuant to § 1-5-204, C.R.S.
e. To do all tasks required by law of designated election officials concerning
nomination of candidates by petition, including, but not limited to: issue
approval as to form, where appropriate, of nominating petition; receive
candidate acceptance of nominations; accept notice of intent, petitions for
nomination, and affidavits of circulators; verify signatures on nominating
petitions; and hear any protests of the nominating petitions, as said tasks are
set forth in any applicable provisions of Title 1, Article IV, Parts 8 and 9, §
22-31-107. C.R.S., and those portions of the Colorado Municipal Election
Code of 1965, Article X of Title 31 as adopted by reference pursuant to § 1-
4-805, C.R.S.
f. Establish order of names and questions for Jurisdiction's portion of the ballot
and submit to the County Clerk. The ballot content, including a list of
candidates, ballot title, and text, must be certified to the County Clerk at least
55 days prior to the election, pursuant to §§ 1-1-110(3) and 1-5-203(3),
C.R.S.
g.
Publish and post notices of election pursuant to § 1-5-205, C.R.S., and
include the information regarding the walk-in location address for application
or return of absentee ballots as set forth in paragraph 4.c of this Agreement.
h. Accept written comments for and against ballot issues pursuant to C.R.S. §§
1-7-901 and 1-40-125(2)(e). Comments to be accepted must be filed by the
end of the business day on the Friday before the 30th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to § 1-7-903, C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 25 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdictions ballot issues.
Page 2 of 6
951.875
Accept affidavits of intent to accept write-in candidacy and provide a list of
valid affidavits received to the County Clerk pursuant to C.R.S. §§ 1-4-1101
and 1102.
Prepare text, identify number and place for publication of measures and/or
notice of election and mailing, as required, and advise County Clerk pursuant
to C.R.S. § 1-40-125, 8 C.C.R. 1505-1 § 5.6.1., and §§ 1-7-905 and 1-7-
906(1).
k. Pay the sum of $.25 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 7, 1995
election, with a $200 minimum, within 30 days of billing, regardless of
whether or not the election is actually held. Notwithstanding the foregoing,
for any election which does not involve a ballot issue requiring Article X,
Section 20 notices, Jurisdiction shall be liable for $.15 per registered elector
eligible to vote in the Jurisdiction's election as of the final date of registration
prior to the November 7, 1995 election, with a $20O 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 $ I S 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.
Designate an "election officer" who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct - of election procedures to be handled by the
Jurisdiction hereunder.
m. By approval of this Agreement, any municipality is resolving not to use the
provisions of the Municipal Election Code, except as otherwise set forth
herein or as its use is specifically authorized by the Code.
n. Mail notices pursuant to § 1-7-906(2) for active registered electors who do
not reside within the County or counties where the political subdivision is
located.
o. Carry out all actions necessary for cancellation of an election including notice
pursuant to C.R.S. § t-11-103.
Page 3 of 6
951875
P.
Prepare Article X, Section 20, Colorado Constitution notices and submit
them to the County Clerk at least 25 days prior to the election. Prepare text,
identify number and place for publication of measures,ordinances and/or
notice of election, if required, and advise County Clerk pursuant to C.R.S.
§ 1-40-124,129(2) and 8 C.C.R. 1505-1 § 5.6.1.
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(l) and provide for their publication as directed by the
Jurisdiction. Provide postcard or publication notice, if required under C.R.S.
§ 1-5-206, as directed by the Jurisdiction.
c. Provide a place for early voting and application for and issuance of absentee
ballots at 1402 N. 17th Avenue, Greeley, Colorado, at the office of the Weld
County Clerk and Recorder. Early voting shall take place during the hours
of 8:30 a.m. - 4:30 p.m., Monday - Friday starting October 16, 1995 and
ending November 3, 1995.
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
Page 4 of 6
951875
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.
b. Conflict of Agreement with law
Portions of 8 C.C.R. 1505-1 may be inconsistent with the Code as amended
in which case the provisions of the Code shall prevail.
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages, not as a penalty, refund all payments made, pursuant to
paragraph 3k 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 lee 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.
Page 5 of 6
951875
Notice shall be given by Jurisdiction to the Clerk at phone: 353-3840
Extension 3100, fax number: 353-1964, address: P.O. Box 459. Greeley. CO
80632; and the Jurisdiction notice shall be given to the Jurisdiction at phone:
fax:
address:
DATED this (C day of
, 1995.
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
iJ(Lia<jeci:
.A. "Suki" Tsukamoto
APPROVED AS TO FORM:
ounty Attorry
APPROVED AS TO FORM
Attorney for Jurisdiction
Dale K Hall, Chairman
ATTEST:
Clerk to the Board of County C
Deputy Cleft to the Board
(Jurisdiction
(Title) xiihey f&acf /C/a/ Anon/
ATTEST:
(Title)
C:\APPS\OFFICE\WPWIN\WPDOCS\95ELECS.Ie 6 of 6
951875
1995 Master
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
Town of Ault, 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 7, 1995 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 7, 1995, and
WHEREAS, the Jurisdiction agrees to conduct a coordinated election with the County Clerk
acting as the coordinated election official, and
WHEREAS, the County Clerk is the "coordinated election official" pursuant to C.R.S. § 1-7-
116(1) and is to perform certain election services in consideration of performance by the Jurisdiction
of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§ 1-7-116, 22-31-103, and 29-1-
203, et seq., C.R.S.
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as
follows:
1. The Jurisdiction encompasses territory within Weld County 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 7, 1995 election.
3. The Jurisdiction agrees to perform the following tasks and activities:
a. Receive initiated petitions for local ballot issues where authorized by law,
pursuant to § 1-40-109(2), C.R.S., and make determinations as to form.
Page 1 of 6
951875
b. Check signatures on initiated petitions and determine and issue, where
appropriate, a statement of sufficiency, pursuant to § 1-40-118(1), C.R.S.or
pursuant to local Charter.
c. Defend against protests filed with the District Court, pursuant to § 1-40-118
through 120, C.R.S.
d. Publish notice of a call for nominations for non-partisan elections, where
applicable, pursuant to § 1-5-204, C.R.S.
e. To do all tasks required by law of designated election officials concerning
nomination of candidates by petition, including, but not limited to: issue
approval as to form, where appropriate, of nominating petition; receive
candidate acceptance of nominations; accept notice of intent, petitions for
nomination, and affidavits of circulators; verify signatures on nominating
petitions; and hear any protests of the nominating petitions, as said tasks are
set forth in any applicable provisions of Title 1, Article IV, Parts 8 and 9, §
22-3I-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.
f. Establish order of names and questions for Jurisdiction's portion of the ballot
and submit to the County Clerk. The ballot content, including a list of
candidates, ballot title, and text, must be certified to the County Clerk at least
55 days prior to the election, pursuant to §§ 1-1-110(3) and 1-5-203(3),
C.R.S.
g.
Publish and post notices of election pursuant to § 1-5-205, C.R.S., and
include the information regarding the walk-in location address for application
or return of absentee ballots as set forth in paragraph 4.c of this Agreement.
h. Accept written comments for and against ballot issues pursuant to C.R.S. §§
1-7-901 and 1-40-125(2)(e). Comments to be accepted must be filed by the
end of the business day on the Friday before the 30th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to § 1-7-903, C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 25 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regardingihe Jurisdiction's ballot issues.
Page 2 of 6
951875
Accept affidavits of intent to accept write-in candidacy and provide a list of
valid affidavits received to the County Clerk pursuant to C.K.S. §§ 1-4-1101
and 1102.
Prepare text, identify number and place for publication of measures and/or
notice of election and mailing, as required, and advise County Clerk pursuant
to C.R.S. § 1-40-125, 8 C.C.R. 1505-1 § 5.6.1., and §§ 1-7-905 and 1-7-
906(1).
k. Pay the sum of $.25 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration_ prior to the November 7, 1995
election, with a $200 minimum, within 30 days of billing, regardless of
whether or not the election is actually held. Notwithstanding the foregoing,
for any election which does not involve a ballot issue requiring Article X,
Section 20 notices, Jurisdiction shall be liable for $.15 per registered elector
eligible to vote in the Jurisdiction's election as of the final date of registration
prior to the November 7, 1995 election, with a $200 minimum, plus any
additional costs pursuant to 8 C.C.R. 1505-I § 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.
Designate an "election officer" who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
m. By approval of this Agreement, any municipality is resolving not to use the
provisions of the Municipal Election Code, except as otherwise set forth
herein or as its use is specifically authorized by the Code.
n. Mail notices pursuant to § 1-7-906(2) for active registered electors who do
not reside within the County or counties where the political subdivision is
located.
o. Carry out all actions necessary for cancellation of an election including notice
pursuant to C.R.S. § 1-11-103.
Page 3 of 6
951875
P.
Prepare Article X, Section 20, Colorado Constitution notices and submit
them to the County Clerk at least 25 days prior to the election. Prepare text,
identify number and place for publication of measures,ordinances and/or
notice of election, if required, and advise County Clerk pursuant to C.R.S.
§ 1-40-124,129(2) and 8 C.C.R. 1505-1 § 5.6.1.
4. Duties of County Clerk
Agrees to perform the following tasks and activities:
a. Except as otherwise expressly provided for in this Agreement, to act as the
designated election official for the conduct of the election for the Jurisdiction
for all matters in the Code which require action by the designated election
official and as coordinated election official.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to C.R.S.
§ 1-7-905 and 906(1) and provide for their publication as directed by the
Jurisdiction. Provide postcard or publication notice, if required under C.R.S.
§ 1-5-206, as directed by the Jurisdiction.
c. Provide a place for early voting and application for and issuance of absentee
ballots at 1402 N. 17th Avenue, Greeley, Colorado, at the.office of the Weld
County Clerk and Recorder. Early voting shall take place during the hours
of 8:30 a.m. - 4:30 p.m., Monday - Friday starting October 16, 1995 -and
ending November 3, 1995.
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
Page 4 of 6
appointments, and shall notify the County Clerk in writing of those
appointments not later than 15 days prior to the election. The County Clerk
shall receive and canvass all votes, and shall certify the results in the time and
manner provided and required by the Code. All recounts required by the
Code shall be conducted by the County Clerk in the time and manner
required by the Code.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the
Code shall apply to completion of the tasks required by this Agreement.
b. Conflict of Agreement with law
Portions of 8 C.C.R. 1505-1 may be inconsistent with the Code as amended
in which case the provisions of the Code shall prevail.
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a -result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages, not as a penalty, refund all payments made, pursuant to
paragraph 3k 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.
Page 5 of 6
951875
f Notice shall be given by Jurisdiction to the Clerk at phone: 353-3840
Extension 3100, fax number: 353-1964, address: P.O. Box 459, Greeley, CO
80632; and the Jurisdiction notice shall be given to the Jurisdiction at phone:
834-2844 , fax: 834-2199
address: 201 First Street, P.O. Box 98, Ault, CO 80610
DATED this day of ViLi,.rYth t A d , 1995.
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
APPROVED AS TO FORM:
.A. "Suki" Tsukamoto
my Attorney
APPROVED AS TO FORM
'-f _
Afttorney for Jurisdiction
Dale Hall, Chairman
09/oed,/r.5
ATTEST:
Clerk to the Board of County Co
atZ2.. 'L
Deputy Cler A• the Board
(Jurisdiction)
(Title)
nite .¢ ., TAwn `l
•.,,{9 U.
ti
ciaL4
AI�hE3I/
l9U ,
cz,
(Tillp�
C:\APPS\OFFICE\WPWIN\WPDOCS\95ELECS.EAge 6 of 6
ftJli-
951875
1995 Master
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
City of Brighton, 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 7, 1995 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 7, 1995, 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-
1160) and is to perform certain election services in consideration of performance by the Jurisdiction
of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§ 1-7-116, 22-31-103, and 29-1-
203, et seq., C.R.S.
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as
follows:
1. The Jurisdiction encompasses territory within Weld County and
Adams County(ies). This Agreement shall be
construed to apply only to that portion of the Jurisdiction within Weld County.
2. Term of Agreement: This Agreement is intended only to deal with the conduct of the
November 7, 1995 election.
3. The Jurisdiction agrees to perform the following tasks and activities:
a. Receive initiated petitions for local ballot issues where authorized by law,
pursuant to § 1-40-109(2), C.R.S., and make determinations as to form.
Page 1 of 6
951875
b. Check signatures on initiated petitions and determine and issue, where
appropriate, a statement of sufficiency, pursuant to § 1-40-118(1), C.R.S.or
pursuant to local Charter.
c. Defend against protests filed -with the District Court, pursuant to § 1-40-118
through 120, C.R.S.
d. Publish notice of a call for nominations for non-partisan elections, where
applicable, pursuant to § 1-5-204, C.R.S.
e. To do all tasks required by law of designated election officials concerning
nomination of candidates by petition, including, but not limited to: issue
approval as to form, where appropriate, of nominating petition; receive
candidate acceptance of nominations; accept notice of intent, petitions for
nomination, and affidavits of circulators; verify signatures on nominating
petitions; and hear any protests of the nominating petitions, as said tasks are
set forth in any applicable provisions of Title I, Article IV, Parts 8 and 9,-§
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.
f. Establish order of names and questions for Jurisdiction's portion of the ballot
and submit to the County Clerk. The ballot content, including a list of
candidates, ballot title, and text, must be certified to the County Clerk at least
55 days prior to the election, pursuant to §§ 1-1-110(3) and 1-5-203(3),
C.R.S.
g
Publish and post notices of election pursuant to § 1-5-205, C.R.S., and
include the information regarding the walk-in locationaddress for application
or return of absentee ballots as set forth in paragraph 4.c of this Agreement.
h. Accept written comments for and against ballot issues pursuant to C.R.S. §§
1 -7 -901 -and 1-40-125(2)(e). Comments to be accepted must be filed by the
end of the business day on the Friday before the 30th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to § 1-7-903, C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 25 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
Page 2 of 6
951875
Accept affidavits of intent to accept write-in candidacy and provide a list of
valid affidavits received to the County Clerk pursuant to C.R.S. §§ 1-4-1101
and 1102.
Prepare text, identify number and place for publication of measures and/or
notice of election and mailing, as required, and advise County Clerk pursuant
to C.R.S. § 1-40-125, 8 C.C.R. 1505-1 § 5.61., and §§ 1-7-905 and 1-7-
906(1).
k. Pay the sum of $.25 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 7, 1995
election, with a $200 minimum, within 30 days of billing, regardless of
whether or not the election is actually held. Notwithstanding the foregoing,
for any election which does not involve a ballot issue requiring Article X,
Section 20 notices, Jurisdiction shall be liable for $.15 per registered elector
eligible to vote in the Jurisdiction's election as of the final date of registration
prior to the November 7, 1995 election, with a $200 minimum, plus any
additional costs pursuant to 8 C.C.K. 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.
Designate an "election officer" who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
m. By approval of this Agreement, any municipality is resolving not to use the
provisions of the Municipal Election Code, except as otherwise set forth
herein or as its use is specifically authorized by the Code.
n. Mail notices pursuant to _§ 1-7-906(2) for active registered electors who do
not reside within the County or counties where the political subdivision is
located.
o. Carry out all actions necessary for cancellation of an election including notice
pursuant to C.R.S. § 1-11-103.
Page 3 of 6
951875
P.
Prepare Article X, Section 20, Colorado Constitution notices and submit
them to the County Clerk at least 25 days prior to the election. Prepare text,
identify number and place for publication of measures,ordinances and/or
noticeof election, if required, and advise County Clerk pursuant to C.R.S.
§ 1-40-124,129(2) and -8 C.C.R. 1505-1 § 5.6.1.
4. Duties of County Clerk
Agrees to perform the following tasks and activities:
Except as otherwise expressly provided for in this Agreement, to act as the
designated election official for the conduct of the election for the_ Jurisdiction
for all matters in the Code which require action by the designated election
official and as coordinated election official.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to C.R.S.
§ 1-7-905 and 906(1) and provide for their publication as directed by the
Jurisdiction. Provide postcard or publication notice, if required under C.R.S.
§ 1-5-206, as directed by the Jurisdiction.
c. Provide a place for early voting and application for and issuance of absentee
ballots at 1402 N. 17th Avenue, Greeley, Colorado, at the office of the Weld
County Clerk and Recorder. Early voting shall take place during the hours
of 8:30 a.m. - 4:30 p:m., Monday - Friday starting October 16, 1995 and
ending November 3, 1995.
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 thejurisdiction desires to appoint one
of its members and an eligible elector to -assist, it shall make those
Page 4 of 6
951875
appointments, and shall notify the County Clerk in writing of those
appointments not later than 15 days prior to the election. The County Clerk
shall receive and canvass all votes, and shall certify the results in the time and
manner provided and required by the Code. All recounts required by the
Code shall be conducted by the County Clerk in the time and manner
required by the Code.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the
Code shall apply to completion of the tasks required by this Agreement.
b. Conflict of Agreement with law
Portions of -$ C.C.R. 1505-1 may be inconsistent with the Code as amended
in which case the provisions of the Code shall prevail.
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages, not as a penalty, refund all payments made, pursuant to
paragraph 3k 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.
Page 5 of 6
Notice shall be given by Jurisdiction to the Clerk at phone: 353-3840
Extension 3100, fax number: 353-1964, address: P.O. Box 459. Greeley. CO
80632; and the Jurisdiction notice shall be given to the Jurisdiction at phone:
659-4050 uy/ a3D , fax: 659-4844
address: 22 South 4th Avenue, Brighton, CO 80601
DATED this l.5-tA' day of
ccurat
, 1995.
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
.A. "S i" Tsukamoto Dale K Hall, Chairman
APPROVED AS TO FORM:
ounty Attorney
APPROVED AS TO FORM
Attorney for Jurisdiction
ATTEST:
Clerk to the Board of County C
(Jurisdiction) City of Brighton
(Title,}i
Donald A. Hamstra, ayor
ATTEST:
(Title) i o
Marianne Thomas, City Clerk
c:\APPs\oFFicH\wPwIN\wPnocs\95HLEcs.Egge 6 of 6
951875
1995 Master
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
City of Broomfield, 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 7, 1995 coordinated election conducted
pursuant to the Uniform Election Code of 1-992 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 7, 1995, 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-
1160) and is to perform certain election services in consideration of performance by the Jurisdiction
of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§ 1-7-116, 22-31-103, and 29-1-
203, et seq., C.R.S.
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as
follows:
1. The Jurisdiction encompasses territory within Weld County and
Adams, Boulder and Jefferson 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 7, 1995 election.
3. The Jurisdiction agrees to perform the following tasks and activities:
a. Receive initiated petitions for local ballot issues where authorized by law,
pursuant to § 1-40-109(2), C.R.S., and make determinations as to form.
Page 1 of 6
951875
b. Check signatures on initiated petitions and determine and issue, where
appropriate, a statement of sufficiency, pursuant to § 1-40-118(1), C.R.S.or
pursuant to local Charter.
c. Defend against protests filed with the District Court, pursuant to § 1-40-118
through 120, C.R.S.
d. Publish notice of a call for nominations for non-partisan elections, where
applicable, pursuant to § 1-5-204, C.R.S.
e. To do all tasks required by law of designated election officials concerning
nomination of candidates by petition, including, but not limited to: issue
approval as to form, where appropriate, of nominating petition; receive
candidate acceptance of nominations; accept notice of intent, petitions for
nomination, and affidavits of circulators; verify signatures on nominating
petitions; and hear any protests of the nominating petitions, as said tasks are
set forth in any applicable provisions of Title 1, Article IV, Parts 8 and 9, §
22-3I-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.
f. Establish order of names and questions for Jurisdiction's portion of the ballot
and submit to the County Clerk. The ballot content, including a list of
candidates, ballot title, and text, must be certified to the County Clerk at least
55 days prior to the election, pursuant to §§ 1-1-110(3) and 1-5-203(3),
C.R.S.
g.
Publish and post notices of election pursuant to § 1-5-205, C.R.S., and
include the information regarding the walk-in location address for application
or return of absentee ballots as set forth in paragraph 4.c of this Agreement.
h. Accept written comments for and against ballot issues pursuant to C.R.S. §§
1-7-901 and I -40-125(2)(e). Comments to be accepted must be filed by the
end of the business day on the Friday before the 30th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to § 1-7-903, C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 25 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
Page 2 of 6
951875
Accept affidavits of intent to accept write-in candidacy and provide a list of
valid affidavits received to the County Clerk pursuant to C.R.S. 1-4-1101
and 1102.
Prepare text, identify number and place for publication of measures and/or
notice of election and mailing, as required, and advise County Clerk pursuant
to C.R.S. § 1-40-125, 8 C.C.R. 1505-1 § 5.6.1., and §§ 1-7-905 and 1-7-
906(1).
k. Pay the sum of $.25 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 7, 1995
election, with a $200 minimum, within 30 days of billing, regardless of
whether or not the election is actually held. Notwithstanding the foregoing,
for any election which does not involve a ballot issue requiring Article X,
Section 20 notices, Jurisdiction shall be liable for $.15 per registered elector
eligible to vote in the Jurisdiction's election as of the final date of registration
prior to the November 7, 1995 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.
Designate an "election officer" who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
m. I3y 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.
n. Mail notices pursuant to § 1-7-906(2) for active registered electors who do
not reside within the County or counties where the political subdivision is
located.
o. Carry out all -actions -necessary for cancellation of an election including notice
pursuant to C.R.S. § 1-11-103.
Page 3 of 6
951875
P.
Prepare Article X, Section 20, Colorado Constitution notices and submit
them to the County Clerk at least 25 days prior to the election. Prepare text,
identify number and place for publication of measures,ordinances and/or
notice of election, if required, and advise County Clerk pursuant to C.R.S.
§ 1-40-124,129(2) and 8 C.C.R. 1505-1-§ 5.6.1.
Duties of County Clerk
Agrees to perform the following tasks and activities:
a. Except as otherwise expressly provided for in this Agreement, to act as the
designated election official for the conduct of the election for the_Jurisdiction
for all matters in the Code which require action by the designated election
official and as coordinated election official.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to C.R.S.
§ 1-7-905 and 906(1) and provide for their publication as directed by the
Jurisdiction. Provide postcard or publication notice, if required under C.R.S.
§ 1-5-206, as directed by the Jurisdiction.
c. Provide a place for early voting and application for and issuance of absentee
ballots at 1402 N. 17th Avenue, Greeley, Colorado, at the office of the Weld
County Clerk_and Recorder. Early voting shall take place during the hours
of 8:30 a.m. - 4:30 p.m., Monday - Friday starting October 16, 1995 and
ending November 3, 1995.
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
Page 4 of 6
951875
appointments, and shall notify the County Clerk in writing of those
appointments not later than 15 days prior to the election. The County Clerk
shall receive -and canvass all votes, and shall certify the results in the time and
manner provided and required by the Code. All recounts required by the
Code shall be conducted by the County Clerk in the time and manner
required by the Code.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the
Code shall apply to completion of the tasks required by this Agreement.
b. Conflict of Agreement with law
Portions of 8 C.C.R. 1505-1 may be inconsistent with the Code as -amended
in which case the_provisions of the Code shall prevail.
i
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages, not -as a penalty, refund all payments made, pursuant to
paragraph 3k 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.
Page 5 of 6
951875
f. Notice shall be given by Jurisdiction to the Clerk at phone: 353-3840
Extension 3100, fax number: 353-1964, address: P.O. Box 459. Greeley. CO
80632; and the Jurisdiction notice shall be given to the Jurisdiction at phone:
438-6331 , fax: 469-8954
address: City Clerk, One DesCombes Drive, Broomfield, CO .80020
DATED this CO day of
id/pa-in i31.✓, 1995.
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
II
I'
J.A. "Suki" Tsukamoto
APPROVED AS TO FORM:
e K Hall,
ATTEST:
09/06/95
Clerk to the Board of County C
Deputy Cler io the Board
(Jurisdiction) 1 n Q V v
CITY OF A,BRROOMFIELD
APPROVED AS TO FORM
ttorney f Jurisdictio
(Title) Mayor
ATTEST:
C:\APPS\OFFICE\WPWIN\WPDOCS\95ELEC8. 'ge 6 of 6
951875
1995 Master
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
City of Ft. 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 7, 1995 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 7, 1995, and
WHEREAS, the Jurisdiction agrees to conduct a coordinated election with the County Clerk
acting as the coordinated election official, and
WHEREAS, the County Clerk is the "coordinated election official" pursuant to C.R.S. § 1-7-
116(1) and is to perform certain election services in consideration of performance by the Jurisdiction
of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§ 1-7-116, 22-31-103, and 29-1-
203, et seq., C.R.S.
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as
follows:
1. The Jurisdiction encompasses territory within Weld County 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 7, 1995 election.
3. The Jurisdiction agrees to perform the following tasks and activities:
a. Receive initiated petitions for local ballot issues where authorized by law,
pursuant to § 1-40-109(2), C.R.S., and make determinations as to form.
Page 1 of 6
951875
b. Check signatures on initiated petitions and determine and issue, where
appropriate, a statement of sufficiency, pursuant to § 1-40-118(1), C.R.S.or
pursuant to local Charter.
c. Defend against protests filed with the District Court, pursuant to § 1-40-118
through 120, C.R.S.
d. Publish notice of a call for nominations for non-partisan elections, where
applicable, pursuant to § 1-5-204, C.R.S.
e. To do all tasks required by law of designated election officials concerning
nomination of candidates by petition, including, but not limited to: issue
approval as to form, where appropriate, of nominating petition; receive
candidate acceptance of nominations; accept notice of intent, petitions for
nomination, and affidavits of circulators; verify signatures on nominating
petitions; and hear any protests of the nominating petitions, as said tasks arc
set forth in any applicable provisions of Title 1, Article IV, Parts 8 and 9, §
22-31-107, C.R.S., and those portions of the Colorado Municipal Election
Code of 1965, Article X of Title 31 as adopted by reference pursuant to § 1-
4-805, C.R.S.
Establish order of names and questions for Jurisdiction's portion of the ballot
and submit to the County Clerk. The ballot content, including a list of
candidates, ballot title, and text, must be certified to the County Clerk at least
55 days prior to the election, pursuant to §§ 1-1-110(3) and 1-5-203(3),
C.R.S.
g. Publish and post notices of election pursuant to § 1-5-205, C.R.S., and
include the information regarding the walk-in location address for application
or return of absentee ballots as set forth in paragraph 4.c of this Agreement.
h. Accept written comments for and against ballot issues pursuant to C.R.S. §§
1-7-901 and 1-40-125(2)(e). Comments to be accepted must be filed by the
end of the business day on the Friday before the 30th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to § 1-7-903, C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 25 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
Page 2 of 6
951875
Accept affidavits of intent to accept write-in candidacy and provide a list of
valid affidavits received to the County Clerk pursuant to C.K.S. §§ 1-4-1101
and 1102.
Prepare text, identify number and place for publication of measures and/or
notice of election and mailing, as required, and advise County Clerk pursuant
to C.K.S. § 1-40-125, 8 C.C.R. 1505-1 § 5.6.1., and §§ 1-7-905 and 1-7-
906(1).
Pay the sum of $.25 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 7, 1995
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 winch does not involve a ballot issue requiring Article X,
Section 20 notices, Jurisdiction shall be liable for $.15 per registered elector
eligible to vote in the Jurisdiction's election as of the final date of registration
prior to the November 7, 1995 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.
Designate an "election_ officer" who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
m. By approval of this Agreement, any municipality is resolving not to use the
provisions of the Municipal Election Code, except as otherwise set forth
herein or as its use is specifically authorized by the Code.
n. Mail notices pursuant to § 1-7-906(2) for active registered electors who do
not reside within the County or counties where the political subdivision is
located.
o. Carry out all actions necessary for cancellation of an election including notice
pursuant to C.R.S. § 1-11-103.
Page 3 of 6
951875
Prepare Article X, Section 20, Colorado Constitution notices and submit
them to the County Clerk at least 25 days prior to the election. Prepare text,
identify number and place for publication of measures,ordinances and/or
notice of election, if required, and advise County Clerk pursuant to C.R.S.
§ 1-40-124,129(2) and 8 C.C.R. 1505-1 § 5.6.1.
Duties of County Clerk
Agrees to perform the following tasks and activities:
a. Except as otherwise expressly provided for in this Agreement, to act as the
designated election official for the conduct of the election for the Jurisdiction
for all matters in the Code which require action by the designated election
official and as coordinated election official.
b. Circulate the Article X, Section 20. Ballot Issues notices pursuant to C.R.S.
§ 1-7-905 and 906(1) and provide for their publication as directed by the
Jurisdiction. Provide postcard or publication notice, if required under C.R.S.
§ 1-5-206, as directed by the Jurisdiction.
c. Provide a place for early voting and application for and issuance of absentee
ballots at 1402 N. 17th Avenue, Greeley, Colorado, at the office of the Weld
County Clerk and Recorder. Early voting shall take place during the hours
of 8:30 a.m. - 4:30 p.m., Monday - Friday starting October 16, 1995 and
ending November 3, 1995.
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
Page 4 of 6
951875
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
Time is of the essence to this Agreement. The statutory time frames of the
Code shall apply to completion of the tasks required by this Agreement.
b. Conflict of Agreement with law
Portions of 8 C.C.K. 1505-I may be inconsistent with the Code as amended
in which case the provisions of the Code shall prevail.
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages, not as a penalty, refund -all payments made, pursuant to
paragraph 3k 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 lee 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.
Page 5 of 6
951875
f. Notice shall be given by Jurisdiction to the Clerk at phone: 353-3840
Extension 3100, fax number: 353-1964, address: P.O. Box 459. Greeley. CO
80632; and theJurisdictionnotice shall be given to the Jurisdiction at phone:
303-857-6694 fax: 303-857-0351 ,
address: P 0 BOX 148 FORT LUPTON. CO 80621
DATED this 23 day of AUGUST
, 1995.
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
If
0
J.A. "Suki" Tsukamoto � ��I — Dale K Hall, Chairm
APPROVED AS TO FORM:
ty Attorney
APPROVED AS TO FORM
Attorney for Jurisdiction
T. WILLIAM WALLACE
ATTEST:
Q9/CepApg
Clerk to the Board of County C. 'i �� - ssioners
eputy Clerltlto the Board
(Jurisdiction)
EUG 'E . REY
(Title) MAYOR
ATTEST:
BARBARA RODGERS
(Title) CITY CLERK
C:\APPS\OFFICE\WPWIN\WPDOCS\95ELECS.1 ge 6 of 6
1
951875
1995 Master
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
Town of Johnstown, 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 7, 1995 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 7, 1995, and
WHEREAS, the Jurisdiction agrees to conduct a coordinated election with the County Clerk
acting as the coordinated election official, and
WHEREAS, the County Clerk is the "coordinated election official" pursuant to C.R.S. § 1-7-
116(1) and is to perform certain election services in consideration of performance by the Jurisdiction
of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§ 1-7-116, 22-31-103, and 29-1-
203, et seq., C.R.S.
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as
follows:
1. The Jurisdiction encompasses territory within Weld County 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 7, 1995 election.
3. The Jurisdiction agrees to perform the following tasks and activities:
a. Receive initiated petitions for local ballot issues where authorized by law,
pursuant to § 1-40-109(2), C.R.S., and make determinations as to form.
Page 1 of 6
951875
b. Check signatures on initiated petitions and determine and issue, where
appropriate, a statement of sufficiency, pursuant to § 1-40-118(1), C.R.S.or
pursuant to local Charter.
c. Defend against protests filed with the District Court, pursuant to § 1-40-118
through 120, C.R.S.
d. Publish notice of a call for nominations for non-partisan elections, where
applicable, pursuant to § 1-5-204, C.R.S.
e. To do all tasks required by law of designated election officials concerning
nomination of candidates by petition, including, but not limited to: issue
approval as to form, where appropriate, of nominating petition; receive
candidate acceptance of nominations; accept notice of intent, petitions for
nomination, and affidavits of circulators; verify signatures on nominating
petitions; and hear any protests of the nominating petitions, as said tasks are
set forth in any applicable provisions of Title 1, Article IV, Parts 8 and 9, §
22-31-107, C.R.S., and those portions of the Colorado Municipal Election
Code of 1965, Article X of Title 31 as adopted by reference pursuant to § 1-
4-805, C.R.S.
Establish order of names and questions for Jurisdiction's portion of the ballot
and submit to the County Clerk. The ballot content, including a list of
candidates, ballot title, and text, must be certified to the County Clerk at least
55 days prior to the election, pursuant to §§ 1-1-110(3) and 1-5-203(3),
C.R.S.
g. Publish and post notices of election pursuant to § 1-5-205, C.R.S., and
include the information regarding the walk-in location address for application
or return of absentee ballots as set forth in paragraph 4.c of this Agreement.
h. Accept written comments for and against ballot issues pursuant to C.R.S. §§
1-7-901 and 1-40-125(2)(e). Comments to be accepted must be filed by the
end of the business day on the Friday before the 30th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to § 1-7-903, C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 25 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
Page 2 of 6
951875
Accept affidavits of intent to accept write-in candidacy and provide a list of
valid affidavits received to the County Clerk pursuant to C.R.S. §§ 1-4-1101
and 1102.
Prepare text, identify number and place for publication of measures and/or
notice of election and mailing, as required, and advise County Clerk pursuant
to C.R.S. § 1-40-125. 8 C.C.R. 1505-1 § 5.6.L, and §§ 1-7-905 and 1-7-
906(1).
k. Pay the sum of $.25 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 7, 1995
election, with a $200 minimum, within 30 days of billing, regardless of
whether or not the election is actually held. Notwithstanding the foregoing,
for any election which does not involve a ballot issue requiring Article X,
Section 20 notices, Jurisdiction shall be liable for $.15 per registered elector
eligible to vote in the Jurisdiction's election as of the final date of registration
prior to the November 7, 1995 election, with a $200 minimum, plus any
additional costs pursuant to 8 C.C.K. 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.
Designate an "election officer" who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
m. By approval of this Agreement, any municipality is resolving not to use the
provisions of the Municipal Election Code, except as otherwise set forth
herein or as its use is specifically authorized by the Code.
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.
o. Carry out all actions necessary for cancellation of an election including notice
pursuant to C.R.S. § 1-11-103.
Page 3 of 6
951875
P.
Prepare Article X, Section 20, Colorado Constitution notices and submit
them to the County Clerk at least 25 days prior to the election. Prepare text,
identify number and place for publication of measures,ordinances and/or
notice of election, if required, and advise County Clerk pursuant to C.R.S.
§ 1-40-124,129(2) and 8 C.C.R. 1505-1 § 5.6.1.
4. Duties of County Clerk
Agrees to perform the following tasks and activities:
a. Except as otherwise expressly provided for in this Agreement, to act as the
designated election official for the conduct of the election for the Jurisdiction
for all matters in the Code which require action by the designated election
official and as coordinated election official.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to C.R.S.
§ 1-7-905 and 906(1) and provide for their publication as directed by the
Jurisdiction. Provide postcard or publication notice, if required under C.R.S.
§ 1-5-206, as directed by the Jurisdiction.
c. Provide a place for early voting and application for and issuance of absentee
ballots at 1402 N. 17th Avenue, Greeley, Colorado, at the office of the Weld
County Clerk and Recorder. Early voting shall take place during the hours
of 8:30 a.m. - 4:30 p.m., Monday - Friday starting October 16, 1995 and
ending November 3, 1995.
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
Page 4 of 6
951875
appointments, and shall notify the County Clerk in writing of those
appointments not later than 15 days prior to the election. The County Clerk
shall receive and canvass all votes, and shall certify the results in the time and
manner provided and required by the Code. All recounts required by the
Code shall be conducted by the County Clerk in the time and manner
required by the Code.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the
Code shall apply to completion of the tasks required by this Agreement.
b. Conflict of Agreement with law
Portions of 8 C.C.R. 1505-1 may be inconsistent with the Code as amended
in which case the provisions of the Code shall prevail.
•
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages, not as a penalty, refund all payments made, pursuant to
paragraph 3k 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.
c. This constitutes the entire agreement of the parties and no amendment may
be made except in writing approved by the parties.
Page 5 of 6
951875
f. Notice shall be given by Jurisdiction to the Clerk at phone: 353-3840
Extension 3100, fax number: 353-1964, address: P.O. Box 459. Greeley. CO
80632; and the Jurisdiction notice shall be given to the Jurisdiction at phone:
, fax:
address:
DATED this t0 {6- day of /Sib' in &iO , 1995.
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
APPROVED AS TO FORM:
C y Attorney
APPROVED AS TO FORM
Attor ey for Jurisdiction
Dale K Hall, Chairman
ATTEST:
Clerk to the Board of County C
s ; kJYv c11 \T 1
Deputy Clei*to the Board
(Jurisdiction) � o WI4 skw4
(Title)
ATTEST:
(Title)
J ®wit C L erle.„
C:\APPS\OFFICE\WPWIN\WPDOCS\95ELECS.I e 6 of 6
951875
1995 Master
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
Town of Keenesburg, 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 7, 1995 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 7, 1995, and
WHEREAS, the Jurisdiction agrees to conduct a coordinated election with the County Clerk
acting as the coordinated election official, and
WHEREAS, the County Clerk is the "coordinated election official" pursuant to C.R.S. § 1-7-
116(1) and is to perform certain election services in consideration of performance by the Jurisdiction
of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§ 1-7-116, 22-31-103, and 29-1-
203, et seq., C.R.S.
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as
follows:
1. The Jurisdiction encompasses territory within Weld County 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 7, 1995 election.
3. The Jurisdiction agrees to perform the following tasks and activities:
a. Receive initiated petitions for local ballot issues where authorized by law,
pursuant to § 1-40-109(2), C.R.S., and make determinations as to form.
Page 1 of 6
951875
b. Check signatures on initiated petitions and determine and issue, where
appropriate, a statement of sufficiency, pursuant to § 1-40-118(1), C.R.S.or
pursuant to local Charter.
c. Defend against protests filed with the District Court, pursuant to § 1-40-118
through 120, C.R.S.
d. Publish notice of a call for nominations for non-partisan elections, where
applicable, pursuant to § 1-5-204, C.R.S.
e. To do all tasks required by law of designated election officials concerning
nomination of candidates by petition, including, but not limited to: issue
approval as to form, where appropriate, of nominating petition; receive
candidate acceptance of nominations; accept notice of intent, petitions for
nomination, and affidavits of circulators; verify signatures on nominating
petitions; and hear any protests of the nominating petitions, as said tasks are
set forth in any applicable provisions of Title 1, Article IV, Parts 8 and 9, §
22-31-107, C.R.S., and those portions of the Colorado Municipal Election
Code of 1965, Article X of Title 31 as adopted by reference pursuant to § I-
4-805, C.R.S.
f. Establish order of names and questions for Jurisdiction's portion of the ballot
and submit to the County Clerk. The ballot content, including a list of
candidates, ballot title, and text, must be certified to the County Clerk at least
55 days prior to the election, pursuant to §_§ 1-1-110(3) and 1-5-203(3),
C.K.S.
g.
Publish and post notices of election pursuant to § 1-5-205, C.R.S., and
include the information regarding the walk-in location address for application
or return of absentee ballots as set forth in paragraph 4.e of this Agreement.
h. Accept written comments for and against ballot issues pursuant to C.R.S. §§
1-7-901 and 1-40-125(2)(e)_ Comments to be accepted must be filed by the
end of the business day on the Friday before the 30th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to § 1-7-903, C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 25 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
Page 2 of 6
951875
Accept affidavits of intent to accept write-in candidacy and provide a list of
valid affidavits received to the County Clerk pursuant to C.R.S. §§ 1-4-1101
and 1102.
Prepare text, identify number and place for publication of measures and/or
notice of election and mailing, as required, and advise County Clerk pursuant
to C.R.S. § 1-40-125, 8 C.C.R. 1505-1 § 5.6.1., and §§ 1-7-905 and 1-7-
906(1).
k. Pay the sum of $.25 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 7, 1995
election, with a $200 minimum, within 30 days of billing, regardless of
whether or not the election is actually held. Notwithstanding the foregoing,
for any election which does not involve a ballot issue requiring Article X,
Section 20 notices, Jurisdiction shall be liable for $.15 per registered elector
eligible to vote in the Jurisdiction's election as of the final date of registration
prior to the November 7, 1995 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.
Designate an "election officer" who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
m. By approval of this Agreement, any municipality is resolving not to use the
provisions of the Municipal Election Code, except as otherwise set forth
herein or as its use is specifically authorized by the Code.
it. 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.
o. Carry out all actions necessary for cancellation of an election including notice
pursuant to C.R.S. § 1-11-103.
Page 3 of 6
951875
p.
Prepare Article X, Section 20, Colorado Constitution notices and submit
them to the County Clerk at least 25 days prior to the election. Prepare text,
identify number and place for publication of measures,ordinances and/or
notice of election, if required, and advise County Clerk pursuant to C.R.S.
§ 1-40-124,129(2) and 8 C.C.R. 1505-1 § 5.6.1.
4. Duties of County Clerk
Agrees to perform the following tasks and activities:
a. Except as otherwise expressly provided for in this Agreement, to act as the
designated election official for the conduct of the election for the Jurisdiction
for all matters in the Code which require action by the designated election
official and as coordinated election official.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to C.R.S.
§ 1-7-905 and 906(1) and provide for their publication as directed by the
Jurisdiction. Provide postcard or publication notice, if required under C.R.S.
§ 1-5-206, as directed by the Jurisdiction.
c. Provide a place for early voting and application for and issuance of absentee
ballots at 1402 N. 17th Avenue, Greeley, Colorado, at the office of the Weld
County Clerk and Recorder. Early voting shall take place during the hours
of 8:30 a.m. - 4:30 p.m., Monday - Friday starting October 16, 1995 and
ending November 3, 1995.
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.
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
g.
Page 4 of 6
951875
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.
Conflict of Agreement with law
Portions of 8 C.C.R. 1505-1 may be inconsistent with the Code as amended
in which case the provisions of the Code shall prevail.
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages, not as a penalty, refund all payments made, pursuant to
paragraph 3k 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.
Page 5 of 6
951875
WELD COUNTY CLERK & RECORDER
J.A. "Suki" Tsukamoto
APPROVED AS TO FORM:
my Attorney
APPROVED AS TO FORM
Attorney forJun
f Notice shall be given by Jurisdiction to the Clerk at phone: 353-3840
Extension 3100, fax number: 353-1964, address: P.O. Box 459. Greeley. CO
80632; and the Jurisdiction notice shall be given to the Jurisdiction at phone:
732-4281 , fax:
address: P.O. Box 312, Keenesburg, CO. 80649
DATED this 21st day of August , 1995.
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
ATTEST:
Clerk to the Board of County Co
Deputy Clerid to the Board
ATTEST:
(Title
C:\APPS\OFFICE\WPWIN\WPDOCS\95ELECS.I e 6 of 6
951875
1995 Master
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
Town of Pierce, 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 7, 1995 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 7, 1995, and
WHEREAS, the Jurisdiction agrees to conduct a coordinated election with the County Clerk
acting as the coordinated election official, and
WHEREAS, the County Clerk is the "coordinated election official" pursuant to C.R.S. § 1-7-
116(1) and is to perform certain election services in consideration of performance by the Jurisdiction
of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§ 1-7-116, 22-31-103, and 29-1-
203, et seq., C.R.S.
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as
follows:
1. The Jurisdiction encompasses territory within Weld County 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 7, 1995 election.
3. The Jurisdiction agrees to perform the following tasks and activities:
a. Receive initiated petitions for local ballot issues where authorized by law,
pursuant to § 1-40-109(2), C.R.S., and make determinations as to form.
Page 1 of 6
951875
b. Check signatures on initiated petitions and determine and issue, where
appropriate, a statement of sufficiency, pursuant to § 1-40-118(1), C.R.S.or
pursuant to local Charter.
c. Defend against protests filed with the District Court, pursuant to § 1-40-118
through 120, C.R.S.
d. Publish notice of a call for nominations for non-partisan elections, where
applicable, pursuant to § 1-5-204, C.R.S.
e. To do all tasks required by law of designated election officials concerning
nomination of candidates by petition, including, but not limited to: issue
approval as to form, where appropriate, of nominating petition; receive
candidate acceptance of nominations; accept notice of intent, petitions for
nomination, and affidavits of circulators; verify signatures on nominating
petitions; and hear any protests of the nominating petitions, as said tasks are
set forth in any applicable provisions of Title 1, Article IV, Parts 8 and 9, §
22-31-107, C.K.S., and those portions of the Colorado Municipal Election
Code of 1965, Article X of fitle 31 as adopted by reference pursuant to § 1-
4-805, C.R.S.
Establish order of names and questions for Jurisdictions portion of the ballot
and submit to the County Clerk. The ballot content, including a list of
candidates, ballot title, and text, must be certified to the County Clerk at least
55 days prior to the election, pursuant to §§ 1-1-110(3) and 1-5-203(3),
C.R.S.
g.
Publish and post notices of election pursuant to § 1-5-205, C.R.S., and
include the information regarding the walk-in location address for application
or return of absentee ballots as set forth in paragraph 4.c of this Agreement.
h. Accept written comments for and against ballot issues pursuant to C.K.S. §§
1-7-901 and 1-40-125(2)(e). Comments to be accepted must be filed by the
end of the business day on the Friday before the 30th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to § 1-7-903, C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 25 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
Page 2 of 6
951875
Accept affidavits of intent to accept write-in candidacy and provide a list of
valid affidavits received to the County Clerk pursuant to C.R.S. §§ 1-4-1101
and 1102.
Prepare text, identify number and place for publication of measures and/or
notice of election and mailing, as required, and advise County Clerk pursuant
to C.R.S. § 1-40-125, 8 C.C.K. 1505-I § 5.6.1., and §§ 1-7-905 and 1-7-
906(1).
k. Pay the sum of $.25 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 7, 1995
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 $.I5 per registered elector
eligible to vote in the Jurisdiction's election as of the final date of registration
prior to the November 7, 1995 election, with a $200 minimum, plus any
additional costs pursuant to 8 C.C.K. 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.
Designate an "election officer" who shall act as the _primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
m. By approval of this Agreement, any municipality is resolving not to use the
provisions of the Municipal Election Code, except as otherwise set forth
herein or as its use is specifically authorized by the Code.
n. Mail notices pursuant to § 1-7-906(2) for active registered electors who do
not reside within the County or counties where the political subdivision is
located.
o. Carry out all -actions necessary for cancellation of an election including notice
pursuant to C.K.S. § 1-11-103.
Page 3 of 6
951875
P.
Prepare Article X, Section 20, Colorado Constitution notices and submit
them to the County Clerk at least 25 days prior to the election. Prepare text,
identify number and place for publication of measures,ordinances and/or
notice of election, if required, and advise County Clerk pursuant to C.R.S.
§ 1-40-124,129(2) and 8 C.C.R. 1505-1 § 5.6.1.
4. Duties of County Clerk
Agrees to perform the following tasks and activities:
a. Except as otherwise expressly provided for in this Agreement, to act as the
designated election official for the conduct of the election for the Jurisdiction
for all matters in the Code which require action by the designated election
official and as coordinated election official.
b. Circulate the Article X, Section 20. Ballot Issues notices pursuant to C.R.S.
§ 1-7-905 and 906(1) and provide for their publication as directed by the
Jurisdiction. Provide postcard or publication notice, if required under C.R.S.
§ 1-5-206, as directed by the Jurisdiction.
c. Provide a place for early voting and application for and issuance of absentee
ballots at 1402 N. 17th Avenue, Greeley, Colorado, at the office of the Weld
County Clerk and Recorder. Early voting shall take place during the hours
of 8:30 a.m. - 4:30 p.m., Monday - Friday starting October 16, 1995 and
ending November 3, 1995.
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.
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
Page 4 of 6
951875
appointments, and shall notify the County Clerk in writing of those
appointments not later than 15 days prior to the election. The County Clerk
shall receive and canvass all votes, and shall certify the results in the time and
manner provided and required by the Code. All recounts required by the
Code shall be conducted by the County Clerk in the time and manner
required by the Code.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the
Code shall apply to completion of the tasks required by this Agreement.
b. Conflict of Agreement with law
Portions of 8 C.C.R. 1505-1 may be inconsistent with the Code as amended
in which case the provisions of the Code shall prevail.
c. Liquidated damages provision
In the event that a Court of competent. jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Agreement or laws applicable thereto, then the County Clerk shall, -as
liquidated_damages, not as a penalty, refund all payments made, pursuant to
paragraph 3k 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.
Page 5 of 6
951875
Notice shall be given by Jurisdiction to the Clerk at phone: 353-3840
Extension 3100, fax number: 353-1964, address: P.O. Box 459. Greeley, CO
80632; and the Jurisdiction notice shall be given to the Jurisdiction at phone:
8` )J / c 7,5f fax:
address: P 6. #i ,5 7-72.4;cj , �`o . Ro 6, Co
DATED this
day of , 1995.
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
n
A. "Suki" Tsukamoto
APPROVED AS TO FORM:
unty Attorne
APPROVED AS TO FORM
bale K Hall, Chairman O%6, /95
ATTEST:
Clerk to the Board of County Come s§}onei'S
Deputy Cler o the Board
(Jurisdiction)
(Title) _
ATTEST:
e
(Title)
C:\APPS\OFFICE\WPWIN\WPDocs\95ELEcs.i Qe 6 of 6
951875
1995 Master
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
Town of Severance, 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 7, 1995 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 7, 1995, 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-
116O) and is to perform certain election services in consideration of performance by the Jurisdiction
of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§ 1-7-116, 22-31-103, and 29-1-
203, et seq., C.R.S.
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as
follows:
1.
The Jurisdiction encompasses territory within Weld County 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 7, 1995 election.
3. The Jurisdiction agrees to perform the following tasks and activities:
a. Receive initiated petitions for local ballot issues where authorized by law,
pursuant to § 1-40-109(2), C.R.S., and make determinations as to form.
Page 1 of 6
951875
b. Check signatures on initiated petitions and determine and issue, where
appropriate, a statement of sufficiency, pursuant to § 1-40-118(1), C.R.S.or
pursuant to local Charter.
c. Defend against protests filed with the District Court, pursuant to § 1-40-118
through 120, C.R.S.
d. Publish notice of a call for nominations for non-partisan elections, where
applicable, pursuant to § 1-5-204, C.R.S.
e. To do all tasks required by law of designated election officials concerning
nomination of candidates by petition, including, but not limited to: issue
approval as to form, where appropriate, of nominating petition; receive
candidate acceptance of nominations; accept notice of intent, petitions for
nomination, and affidavits of circulators; verify signatures on nominating
petitions; and hear any protests of the nominating petitions, as said tasks are
set forth in any applicable provisions of Title 1, Article IV, Parts 8 and 9, §
22-31-107, C.R.S., and those portions of the Colorado Municipal Election
Code of 1965, Article X of Title 31 as adopted by reference pursuant to § 1-
4-805, C.R.S.
f. Establish order of names and questions for Jurisdiction's portion of the ballot
and submit to the County Clerk. The ballot content, including a list of
candidates, ballot title, and text, must be certified to the County Clerk at least
55 days prior to the election, pursuant to §§ I-1-110(3) and 1-5-203(3),
C.R.S.
-g-
Publish and post notices of election pursuant to § 1-5-205, C.R.S., and
include the information regarding the walk-in location address for application
or return of absentee ballots as set forth in paragraph 4.c of this Agreement.
h. Accept written comments for and against ballot issues pursuant to C.R.S. §§
1-7-901 and 1-40-125(2)(e). Comments to be accepted must be filed by the
end of the business day on the Friday before the 30th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to § 1-7-903, C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 25 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
Page 2 of 6
951875
Accept affidavits of intent to accept write-in candidacy and provide a list of
valid affidavits received to the County Clerk pursuant to C.R.S. §§ 1-4-1101
and 1102.
Prepare text, identify number and place for publication of measures and/or
notice of election and mailing, as required, and advise County Clerk pursuant
to C.R.S. § 1-40-125, 8 C.C.R. 1505-1 § 5.6.1., and §§ 1-7-905 and 1-7-
906(1).
Pay the sum of $.25 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 7, 1995
election, with a $200 minimum, within 30 days of billing, regardless of
whether or not the election is actually held. Notwithstanding the foregoing,
for any election which does not involve a ballot issue requiring Article X,
Section 20 notices, Jurisdiction shall be liable for $.15 per registered elector
eligible to vote in the Jurisdiction's election as of the final date of registration
prior to the November 7, 1995 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.
Designate an "election officer" who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
m. By approval of this Agreement, any municipality is resolving not to use the
provisions of the Municipal Election Code, except as otherwise set forth
herein or as its use is specifically authorized by the Code.
n. Mail notices pursuant to § 1-7-906(2) for active registered electors who do
not reside within the County or counties where the political subdivision is
located.
o. Carry out all actions necessary for cancellation of an election including notice
pursuant to C.R.S. § 1-11-103.
Page 3 of 6
951875
P.
Prepare Article X, Section 20, Colorado Constitution notices and submit
them to the County Clerk at least 25 days prior to the election. Prepare text,
identify number and place for publication of measures,ordinances and/or
notice of election, if required, and advise County Clerk pursuant to C.R.S.
§ 1-40-124,129(2) and 8 C.C.R. 1505-1 § 5.6.1.
4. Duties of County Clerk
Agrees to perform the following tasks and activities:
a. Except as otherwise expressly provided for in this Agreement, to act as the
designated election official for the conduct of the election for the Jurisdiction
for all matters in the Code which require action by the designated election
official and as coordinated election official.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to C.R.S.
§ 1-7-905 and 906(1) and provide for their publication as directed by the
Jurisdiction. Provide postcard or publication notice, if required under C.R.S.
§ 1-5-206, as directed -by the Jurisdiction.
c. Provide a place for early voting -and application for and issuance of absentee
ballots at 1402 N. 17th Avenue, Greeley, Colorado, at the office of the Weld
County Clerk and Recorder. Early voting shall take place during the hours
of 8:30 a.m. - 4:30 p.m., Monday - Friday starting October 16, 1995 and
ending November 3, 1995.
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.
g.
The County Clerk shall appoint and train election judges and this power shall
be delegated by theJurisdictionto the County Clerk, to the extent required
or allowed by law.
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
Page 4 of 6
951875
appointments, and shall notify the County Clerk in writing of those
appointments not later than 15 days prior to the election. The County Clerk
shall receive and canvass all votes, and shall certify the results in the time and
manner provided and required by the Code. All recounts required by the
Code shall be conducted by the County Clerk in the time and manner
required by the Code.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the
Code shall apply to completion of the tasks required by this Agreement.
b. Conflict of Agreement with law
Portions of 8 C.C.R. 1505-1 may be inconsistent with the Code as amended
in which case the provisions of the Code shall prevail.
a
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Agreement or laws applicable thereto, then the County Clerk -shall, as
liquidated damages, not as a penalty, refund all payments made, pursuant to
paragraph 3k 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
he made except in writing approved by the parties.
Page 5 of 6
951875
f. Notice shall be given by Jurisdiction to the Clerk at phone: 353-3840
Extension 3100, fax number: 353-1964, address: P.O. Box 459. Greeley. CO
80632; and theJurisdictionnotice shall be given to the Jurisdiction at phone:
fax:
address:
DATED this q S-' day of
WELD COUNTY CLERK & RECORDER
u h
.A. "Suki" Tsukamo
APPROVED AS TO FORM:
APPROVED AS TO FORM
Attorney for Jurisd{ct1yln
, 1995.
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
Dale K Hall, Chairman
ATTEST:
09/06P<!- ll
e ,r
J�C ttn
r '-
Clerk to the Board of County Corbtflitsioners"
LM�
11/AA-11-
--..__L____2eputy Clerk 4b the Board
(Jurisdictionjg.. 3 -P,
(Title) 1
ATTEST: °- a
(Title) tw,t' Cats
C:\APPS\OFFICE\WPWIN\WPDOCS\95ELECS. e 6 of 6
951875
1995 Master
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
Frederick Area 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 7, 1995 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 7, 1995, 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-
1160) and is to perform certain election services in consideration of performance by the Jurisdiction
of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§ 1-7-116, 22-31-103, and 29-1-
203, et seq., C.R.S.
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as
follows:
1. The Jurisdiction encompasses territory
within Weld County a
(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 7, 1995 election.
3. The Jurisdiction agrees to perform the following tasks and activities:
a. Receive initiated petitions for local ballot issues where authorized by law,
pursuant to § 1-40-109(2), C.R.S., and make determinations as to form.
Page 1 of 6
951875
b. Check signatures on initiated petitions and determine and issue, where
appropriate, a statement of sufficiency, pursuant to § 1-40-118(1), C.R.S.or
pursuant to local Charter.
c. Defend against protests filed with the District Court, pursuant to § 1-40-118
through 120, C.R.S.
d. Publish notice of a call for nominations for non-partisan elections, where
applicable, pursuant to § 1-5-204, C.R.S.
e. To do all tasks required by law of designated election officials concerning
nomination of candidates by petition, including, but not limited to: issue
approval as to form, where appropriate, of nominating petition; receive
candidate acceptance of nominations; accept notice of intent, petitions for
nomination, and affidavits of circulators; verify signatures on nominating
petitions; and hear any protests of the nominating petitions, as said tasks are
set forth in any applicable provisions of Title 1, Article IV, Parts 8 and 9, §
22-31-107, C.R.S., and those portions of the Colorado Municipal Election
Code of 1965, Article X of Title 31 as adopted by reference pursuant to § 1-
4-805, C.R.S.
f. Establish order of names and questions for Jurisdiction's portion of the ballot
and submit to the County Clerk. The ballot content, including a list of
candidates, ballot title, and text, must be certified to the County Clerk at least
55 days prior to the election, pursuant to §§ 1-1-110(3) and 1-5-203(3),
C.R.S.
g.
Publish and post notices of election pursuant to § 1-5-205, C.R.S., and
include the information regarding the walk-in location address for application
or return of absentee ballots as set forth in paragraph 4.c of this Agreement.
11. Accept written comments for and against ballot issues pursuant to C.R.S. §§
1-7-901 and 1-40-125(2)(e). Comments to be accepted must be filed by the
end of the business day on the Friday before the 30th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to § 1-7-903, C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 25 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdictions ballot issues.
Page 2 of 6
951875
Accept affidavits of intent to accept write-in candidacy and provide a list of
valid affidavits received to the County Clerk pursuant to C.-R.S. §§ 1-4-1101
and 1102.
Prepare text, identify number and place for publication of measures and/or
notice of election and mailing, as required, and advise County Clerk pursuant
to C.R.S. § 1-40-125, 8 C.C.R. 1505-1 § 5.6.1., and §§ 1-7-905 and 1-7-
906(1).
k. Pay the sum of $.25 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 7, 1995
election, with a $200 minimum, within 30 days of billing, regardless of
whether or not the election is actually held. Notwithstanding the foregoing,
for any election which does not involve a ballot issue requiring Article X,
Section 20 notices, Jurisdiction shall be liable for $.15 per registered elector
eligible to vote in the Jurisdiction's election as of the final date of registration
prior to the November 7, 1995 election, with a $200 minimum, plus any
additional costs pursuant to 8 C.C.K. 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.
Designate an "election officer" who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
m. By approval of this Agreement, any municipality is resolving not to use the
provisions of the Municipal Election Code, except as otherwise set forth
herein or as its use is specifically authorized by the Code.
n. Mail notices pursuant to § 1-7-906(2) for active registered electors who do
not reside within the County or counties where the political subdivision is
located.
o. Carry out all actions necessary for cancellation of an election including notice
pursuant to C.R.S. § I-11-103.
Page 3 of 6
951875
p.
Prepare Article X, Section 20, Colorado Constitution notices and submit
them to the County Clerk at least 25 days prior to the election. Prepare text,
identify number and place for publication of measures,ordinances and/or
notice of election, if required, and advise County Clerk pursuant to C.R.S.
§ 1-40-124,129(2) and 8 C.C.R. 1505-1 § 5.6.1.
Duties of County Clerk
Agrees to perform the following tasks and activities:
a. Except as otherwise expressly provided for in this Agreement, to act as the
designated election official for the conduct of the election for the Jurisdiction
for all matters in the Code which require action by the designated election
official and as coordinated election official.
b. Circulate the Article X, Section 20. Ballot Issues notices pursuant to C.R.S.
§ 1-7-905 and 906(1) and provide for their publication as directed by the
Jurisdiction. Provide postcard or publication notice, if required under C.R.S.
§ 1-5-206, as directed by the Jurisdiction.
c. Provide a place for early voting and application for and issuance of absentee
ballots at 1402 N. 17th Avenue, Greeley, Colorado, at the office of the Weld
County Clerk and Recorder. Early voting shall take place during the hours
of 8:30 a.m. - 4:30 p.m., Monday - Friday starting October 16, 1995 and
ending November 3, 1995.
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.
The County Clerkshall 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
Page 4 of 6
951875
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
Time is of the essence to this Agreement. The statutory time frames of the
Code shall apply to completion of the tasks required by this Agreement.
b. Conflict of Agreement with law
Portions of 8 C.C.R. 1505-1 may be inconsistent with the Code as amended
in which case the provisions of the Code shall prevail.
•
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages, not as a penalty, refund all payments made, pursuant to
paragraph 3k 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.
c. This constitutes the entire agreement of the parties and no amendment may
be made except in writing approved by the parties.
Page 5 of 6
951875
Attorney for Juris action
f. Notice shall be given by Jurisdiction to the Clerk at phone: 353-3840.
Extension 3100, fax number: 353-1964, address: P.O. Box 459, Greeley. CO
80632; and the Jurisdiction notice shall be given to the Jurisdiction at phone:
363 -2-33 - %`{L , fax: 3o 3 $3 3 - 3 Ft 7
address: 3/ cV4Lrtlur .b4iiE1 File ben i(...K Cc) ceDS 30
DATED this a / day of di -it y5 i , 1995.
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
J.A. "Suki" Tsukamoto
APPROVED AS TO FORM:
Dale Krlall, tai ian / d 9/O 60/95
1_44
ATTEST:
Clerk to the Board of County Co
SS/, �YKCal-..
y Attorney ,1"` ---__Deputy CI
APPROVED AS TO FORM
/ 9 %
(Jurisdiction) /ct-L4A/1 4;i rzt J z.
(Title) Vitt.'
ATTEST: �2y s eribAsz
(Title) 4 -CA orjA,
C:\APPS\OFFICE\WPWIN\WPDOCS\95ELECS.Ege 6 of 6
951875
1995 Master
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
Tri-Area Ambulance 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 7, 1995 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
electiontooccur via polling place on November 7, 1995, and
WHEREAS, the Jurisdiction agrees to conduct a coordinated election with the County Clerk
acting as the coordinated election official, and
WHEREAS, the County Clerk is the "coordinated election official" pursuant to C.R.S. § 1-7-
116(1) and is to perform certain election services in consideration of performance by the Jurisdiction
of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§ 1-7-116, 22-31-103, and 29-1-
203, et seq., C.R.S.
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as
follows:
1. The Jurisdiction encompasses territory within Weld County and
no other 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 7, 1995 election.
3. The Jurisdiction agrees to perform the following tasks and activities:
a. Receive initiated petitions for local ballot issues where authorized by law,
pursuant to § 1-40-109(2), C.R.S., and make determinations as to form.
Page 1 of 6
951875
b. Check signatures on initiated petitions and determine and issue, where
appropriate, a statement of sufficiency, pursuant to § 1-40-118(1), C.R.S.or
pursuant to local Charter.
c. Defend against protests filed with the District Court, pursuant to § 1-40-118
through 120, C.R.S.
d. Publish notice of a call for nominations for non-partisan elections, where
applicable, pursuant to § 1-5-204, C.R.S.
e. To do all tasks required by law of designated election officials concerning
nomination of candidates by petition, including, but not limited to: issue
approval as to form, where appropriate, of nominating petition; receive
candidate acceptance of nominations; accept notice of intent, petitions for
nomination, and affidavits of circulators; verify signatures on nominating
petitions; and hear any protests of the nominating petitions, as said tasks are
set forth in any applicable provisions of Title I, Article IV, Parts 8 and 9, §
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.
f. Establish order of names and questions for Jurisdiction's portion of the ballot
and submit to the County Clerk. The ballot content, including a list of
candidates, ballot title, and text, must be certified to the County Clerk at least
55 days prior to the election, pursuant to §§ 1-1-110(3) and 1-5-203(3),
C.R.S.
g.
Publish and post notices of election pursuant to § 1-5-205, C.R.S., and
include the information regarding the walk-in location address for application
or return of absentee ballots as set forth in paragraph 4.c of this Agreement.
h. Accept written comments for and against ballot issues pursuant to C.R.S. §§
1-7-901 and 1-40-125(2)(e). Comments to be accepted must be filed by the
end of the business day on the Friday before the 30th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to § 1-7-903, C.R.S. The
full text of any required ballot issuenoticesmust be transmitted to and
received by the County Clerk no less than 25 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
Page 2 of 6
951875
Accept affidavits of intent to accept write-in candidacy and provide a list of
valid affidavits received to the County Clerk pursuant to C.R.S. §§ 1-4-1101
and 1102.
Prepare text, identify number and place for publication of measures and/or
notice of election and mailing, as required, and advise County Clerk pursuant
to C.R.S. § 1-40-125, 8 C.C.R. 1505-1 § 5.6.1., and §§ 1-7-905 and 1-7-
906(1).
Pay the sum of $.25 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 7, 1995
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 $.I5 per registered elector
eligible to vote in the Jurisdiction's election as of the final date of registration
prior to the November 7, 1995 election, with a $200 minimum, plus any
additional costs pursuant to 8 C.C.R. 1505-I § 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.
Designate an "election officer" who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
m. By approval of this Agreement, any municipality is resolving not to use the
provisions of the Municipal Election Code, except as otherwise set forth
herein or as its use is specifically authorized by the Code.
n. Mail notices pursuant to § 1-7-906(2) for active registered electors who do
not reside within the County or counties where the political subdivision is
located.
o. Carry out all actions necessary for cancellation of an election including notice
pursuant to C.R.S. § 1-11-103.
Page 3 of 6
9518'75
p. Prepare Article X, Section 20, Colorado Constitution notices and submit
them to the County Clerk at least 25 days prior to the election. Prepare text,
identify number and place for publication of measures,ordinances and/or
notice of election, if required, and advise County Clerk pursuant to C.R.S.
§ 1-40-124,129(2) and 8 C.C.R. 1505-1 § 5.6.1.
4. Duties of County Clerk
Agrees to perform the following tasks and activities:
a. Except as otherwise expressly provided for in this Agreement, to act as the
designated election official for the conduct of the election for the Jurisdiction
for all matters in the Code which require action by the designated election
official and as coordinated election official.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to C.R.S.
§ 1-7-905 and 906(1) and provide for their publication as directed by the
Jurisdiction. Provide postcard or publication notice, if required under C.R.S.
§ 1-5-206, as directed by the Jurisdiction.
c. Provide a place for early voting and application for and issuance of absentee
ballots at 1402 N. 17th Avenue, Greeley, Colorado, at the office of the Weld
County Clerk and Recorder. Early voting shall take place during the hours
of 8:30 a.m. - 4:30 p.m., Monday - Friday starting October 16, 1995 and
ending November 3, 1995.
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
Page 4 of 6
951875
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. "Lime is of the essence to this Agreement. The statutory time frames of the
Code shall apply to completion of the tasks required by this Agreement.
b. Conflict of Agreement with law
Portions of 8 C.C.R. 1505-1 may be inconsistent with the Code as amended
in which case the provisions of the Code shall prevail.
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages, not as a penalty, refund all payments made, pursuant to
paragraph 3k 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
he made except in writing approved by the parties.
Page 5 of 6
951875
f. Notice shall be given by Jurisdiction to the Clerk at phone: 353-3840
Extension 3100, fax number: 353-1964, address: P.O. Box 459. Greeley. CO
80632; and the Jurisdiction notice shall be given totheJurisdiction at phone:
(303) 833-4824 , fax: (303) 833-3772
address: P.O. Box 708, Frederick, Colorado, 80530
DATED this
day of August ,1995.
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
I u
J.A. "Suki" Tsukamoto v
Dale K all, Chairman p9/060/95-
APPROVED AS TO FORM: ATTEST:
APPROVED AS TO FORM
Attorney for Jurisdiction
Clerk to the Board of County CornraiL•
Deputy Cler0 to the Board
(Jurisdiction)
TRI-AREA AMBULANCE DIS
(Title
Darrell Jo ,jF:' on, Chairman
ATTEST:
(Title)
c:\Apps\oFFIcE\wpwiN\wpDocs\95ELEcs.EWge 6 of 6
951575
1995 Master
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
Wiggins Rural 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 7, 1995 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 7, 1995, and
WHEREAS, the Jurisdiction agrees to conduct a coordinated election with the County Clerk
acting as the coordinated election official, and
WHEREAS, the County Clerk is the "coordinated election official" pursuant to C.R.S. § 1-7-
116(1) and is to perform certain election services in consideration of performance by the Jurisdiction
of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§ 1-7-116, 22-31-103, and 29-1-
203, et seq., C.R.S.
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as
follows:
1. The Jurisdiction encompasses territory within Weld County and
/y 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 7, 1995 election.
3. The Jurisdiction agrees to perform the following tasks and activities:
a. Receive initiated petitions for local ballot issues where authorized by law,
pursuant to § 1-40-109(2), C.R.S., and make determinations as to form.
Page 1 of 6
951875
b. Check signatures on initiated petitions and determine and issue, where
appropriate, a statement of sufficiency, pursuant to § 1-40-118(1), C.R.S.or
pursuant to local Charter.
c. Defend against protests filed with the District Court, pursuant to § 1-40-118
through 120, C.R.S.
d. Publish notice of a call for nominations for non-partisan elections, where
applicable, pursuant to § 1-5-204, C.R.S.
e. To do all tasks required by law of designated election officials concerning
nomination of candidates by petition, including, but not limited to: issue
approval as to form, where appropriate, of nominating petition; receive
candidate acceptance of nominations; accept notice of intent, petitions for
nomination, and affidavits of circulators; verify signatures on nominating
petitions; and hear any protests of the nominating petitions, as said tasks are
set forth in any applicable provisions of Title I, Article IV, Parts 8 and 9, §
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.
£ Establish order of names and questions for Jurisdiction's portion of the ballot
and submit to the County Clerk. The ballot content, including a list of
candidates, ballot title, and text, must be certified to the County Clerk at least
55 days prior to the election, pursuant to §§ 1-1-110(3) and 1-5-203(3),
C.R.S.
g
Publish and post notices of election pursuant to § 1-5-205, C.R.S., and
include the information regarding the walk-in location address for application
or return of absentee ballots as set forth in paragraph 4.c of this Agreement.
h. Accept written comments for and against ballot issues pursuant to C.R.S. §§
1-7-901 and 1-40-125(2)(e). Comments to be accepted must be filed by the
end of the business day on the Friday before the 30th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to § 1-7-903, C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 25 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
Page 2 of 6
951875
i. Accept affidavits of intent to accept write-in candidacy and provide a list of
valid affidavits received to the County Clerk pursuant to C.R.S. §§ 1-4-1101
and 1102.
Prepare text, identify number and place for publication of measures and/or
notice of election and mailing, as required, and advise County Clerk pursuant
to C.R.S. § 1-40-125, 8 C.C.R. 1505-I § 5.6.1., and §§ 1-7-905 and 1-7-
906(1).
Pay the sum of $.25 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 7, 1995
election, with a $200 minimum, within 30 days of billing, regardless of
whether or not the election is actually held. Notwithstanding the foregoing,
for any election which does not involve a ballot issue requiring Article X,
Section 20 notices, Jurisdiction shall be liable for $.15 per registered elector
eligible to vote in the Jurisdiction's election as of the final date of registration
prior to the November 7, 1995 election, with a $200 minimum, plus any
additional costs pursuant to 8 C.C.K. 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.
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.
ni. 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.
n. Mail -notices pursuant to § 1-7-906(2) for active registered electors who do
not reside within the County or counties where the political subdivision is
located.
o. Carry out all actions necessary for cancellation of an election including notice
pursuant to C.R.S. § 1-11-103.
Page 3 of 6
951875
p.
Prepare Article X, Section 20, Colorado Constitution notices and submit
them to the County Clerk at least 25 days prior to the election. Prepare text,
identify number and place for publication of measures,ordinances and/or
notice of election, if required, and advise County Clerk pursuant to C.R.S.
§ 1-40-124,129(2) and 8 C.C.R. 1505-1 § 5.6.1.
Duties of County Clerk
Agrees to perform the following tasks and activities:
a. Except as otherwise expressly provided for in this Agreement, to act as the
designated election official for the conduct of the election for the Jurisdiction
for all matters in the Code which require action by the designated election
official and as coordinated election official.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to C.R.S.
§ 1-7-905 and 906(1) and provide for their publication as directed by the
Jurisdiction. Provide postcard or publication notice, if required under C.R.S.
§ 1-5-206, as directed by the Jurisdiction.
c. Provide a place for early voting and application for and issuance of absentee
ballots at 1402 N. 17th Avenue, Greeley, Colorado, at the office of the Weld
County Clerk and Recorder. Early voting shall take place during the hours
of 8:30 a.m. - 4:30 p.m., Monday - Friday starting October 16, 1995 and
ending November 3, 1995.
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
Page 4 of 6
951875
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.
General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the
Code shall apply to completion of the tasks required by this Agreement.
b. Conflict of Agreement with law
Portions of 8 C.C.R. 1505-1 may be inconsistent with the Code as amended
in which case the provisions of the Code shall prevail.
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance -with this
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages, not as a penalty, refund all payments made, pursuant to
paragraph 3k 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. Phis constitutes the entire agreement of the parties and no amendment may
be made except in writing approved by the parties.
Page 5 of 6
951875
f Notice shall be given by Jurisdiction to the Clerk at phone: 353-3840
Extension 3100, fax number: 353-1964, address: P.O. Box 459. Greeley, CO
80632; and the Jurisdiction notice shall be given to the Jurisdiction at phone:
9`?o - I- 71'2 , fax: 770 - f,J'.2 z
address: Le J'3 9+w� tom. �+; e .PoiFsv
P.a,dok333
DATED this /0 day of ✓?wi K,r t, , 1995.
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
II
J.A. "Suki" Tsukamoto
APPROVED AS TO FORM:
aunty Attorney
APPROVED AS TO FORM
Attorney for Jurisdi ion
Dale K Hall, Chairman
ATTEST:
Deputy Cleitid to the Board
Clerk to the Board of County Corffalissioners ,�
(,4i: gy:wl 4'tra l F,"e /r:>r`ep {, u., diet,
(Jurisdiction) 6€,a e -L
(Title) C7
ATTEST:
(Title)
C:\APPS\OFFICE\WPWIN\WPDOCS\95ELECS.Egige 6 of 6
951875
1995 Master
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
Windsor -Severance 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 7, 1995 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 ontheballot at an election pursuant to its statutory authority, such
election to occur via polling place on November 7, 1995, and
WHEREAS, the Jurisdiction agrees to conduct a coordinated election with the County Clerk
acting as the coordinated election official, and
WHEREAS, the County Clerk is the "coordinated election official" pursuant to C.R.S. § 1-7-
116(1) and is to perform certain election services in consideration of performance by the Jurisdiction
of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§ 1-7-116, 22-31-103, and 29-1-
203, et seq., C.R.S.
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as
follows:
1. The Jurisdiction encompasses territory within Weld County and
no other 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 7, 1995 election.
3. The Jurisdiction agrees to perform the following tasks and activities:
a. Receive initiated petitions for local ballot issues where authorized by law,
pursuant to § 1-40-109(2), C.R.S., and make determinations as to form.
Page 1 of 6
951875
b. Check signatures on initiated petitions and determine and issue, where
appropriate, a statement of sufficiency, pursuant to § 1-40-118(1), C.R.S.or
pursuant to local Charter.
c. Defend against protests filed with the District Court, pursuant to § 1-40-118
through 120, C.R.S.
d. Publish notice of a call for nominations for non-partisan elections, where
applicable, pursuant to § 1-5-204, C.R.S.
e. To do all tasks required by law of designated election officials concerning
nomination of candidates by petition, including, but not limited to: issue
approval as to form, where appropriate, of nominating petition; receive
candidate acceptance of nominations; accept notice of intent, petitions for
nomination, and affidavits of circulators; verify signatures on nominating
petitions; and hear any protests of the nominating petitions, as said tasks are
set forth in any applicable provisions of Title 1, Article IV, Parts 8 and 9, §
22-31-107, C.R.S., and those portions of the Colorado Municipal Election
Code of 1965, Article X of Title 31 as adopted by reference pursuant to § 1-
4-805, C.K.S.
f. Establish order of names and questions for Jurisdiction's portion of the ballot
and submit to the County Clerk. The ballot content, including a list of
candidates, ballot title, and text, must be certified to the County Clerk at least
55 days prior to the election, pursuant to §§ 1-1-110(3) and 1-5-203(3),
C.R.S.
g.
Publish and post notices of election pursuant to § 1-5-205, C.R.S., and
include the information regarding the walk-in location address for application
or return of absentee ballots as set forth in paragraph 4.c of this Agreement.
h. Accept written comments for and against ballot issues pursuant to C.R.S. §§
1-7-901 and 1-40-125(2)(e). Comments to be accepted must be filed by the
end of the business day on the Friday before the 30th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to § 1-7-903, C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 25 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
Page 2 of 6
951875
Accept affidavits of intent to accept write-in candidacy and provide a list of
valid affidavits received to the County Clerk pursuant to C.R.S. §§ 1-4-1101
and 1102.
Prepare text, identify number and place for publication of measures and/or
notice of election and mailing, as required, and advise County Clerk pursuant
to C.R.S. § 1-40-125, 8 C.C.R. 1505-1 § 5.6.1., and §§ 1-7-905 and 1-7-
906(1).
Pay the sum of $.25 per registered elector eligible to vote in ihe Jurisdiction's
election as of the final date of registration prior to the November 7, 1995
election, with a $200 minimum, within 30 days of billing, regardless of
whether or not the election is actually held. Notwithstanding the foregoing,
for any election which does not involve a ballot issue requiring Article X,
Section 20 notices, Jurisdiction shall be liable for $.15 per registered elector
eligible to vote in the Jurisdiction's election as of the final date of registration
prior to the November 7, 1995 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.
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.
nt. 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.
n. Mail notices pursuant to § 1-7-906(2) for active registered electors who do
not reside within the County or counties where the political subdivision is
located.
o. Carry out all actions necessary for cancellation of an election including notice
pursuant to C.R.S. § 1-11-103.
Page 3 of 6
951875
p.
Prepare Article X, Section 20, Colorado Constitution notices and submit
them to the County Clerk at least 25 days prior to the election. Prepare text,
identify number and place for publication of measures,ordinances and/or
notice of election, if required, and advise County Clerk pursuant to C.R.S.
§ 1-40-124,129(2) and 8 C.C.R. 1505-1 § 5.6.1.
4. Duties of County Clerk
Agrees to perform the following tasks and activities:
a. Except as otherwise expressly provided for in this Agreement, to act -as the
designated election official for the conduct of the election for the Jurisdiction
for all matters in the Code which require action by the designated election
official and as coordinated election official.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to C.R.S.
§ 1-7-905 and 906(1) and provide for their publication as directed by the
Jurisdiction. Provide postcard or publication notice, if required under C.R.S.
§ 1-5-206, as directed by the Jurisdiction.
c. Provide a place for early voting and application for and issuance of absentee
ballots at 1402 N. 17th Avenue, Greeley, Colorado, at the office of the Weld
County Clerk and Recorder. Early voting shall take place during the hours
of 8:30 a.m. - 4:30 p.m., Monday - Friday starting October 16, 1995 and
ending November 3, 1995.
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.
The Cunty Clerk all appoint election judgs and be delegated by the lJuand
Jurisdiction the' County Clerkethis
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
Page 4 of 6
951875
appointments, and shall notify the County Clerk in writing of those
appointments not later than 15 days prior to the election. The County Clerk
shall receive and canvass all votes, and shall certify the results in the time and
manner provided and required by the Code. All recounts required by the
Code shall be conducted by the County Clerk in the time and manner
required by the Code.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the
Code shall apply to completion of the tasks required by this Agreement.
b. Conflict of Agreement with law
Portions of 8 C.C.R. 1505-I may be inconsistent with the Code as amended
in which case the provisions of the Code shall prevail.
•
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages, not as a penalty, refund all payments made, pursuant to
paragraph 3k 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
he made except in writing approved by the parties.
Page 5 of 6
951875
f. Notice shall be given by Jurisdiction to the Clerk at phone: 353-3840
Extension 3100, fax number: 353-1964, address: P.O. Box 459. Greeley. CO
80632; and the Jurisdiction notice shall be given to the Jurisdiction at phone:
979-686-5603 , fax: 970686-561)4
address: 214 5th Street, Windsor. CO 80550
DATED this 7th day of Agust
WELD COUNTY CLERK & RECORDER
u
J.A. "Suki" Tsukamotor 44
APPROVED AS TO FORM:
unty Attorney
APPROVED AS TO FORM
7
, 1995.
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
Dale K ria 1, Chairman
ATTEST:
oq/oe0/9 (j ..
r m L-11.3 +
1
Clerk to the Board of County Commi ttonerrszt
Its lJ/1
Deputy Cltik to the Board
(Jurisdiction) Wirrlscr Severance Libgary District
(Title)
ATTEST:
1 (/ a- a1/f
(Title) 1 2 ( M-•-(0447
ton A:AA"
C:\APPS\OFFICE\WPW1N\WPDOCS\95ELECS. Wier 6 of 6
951.875
1995 School Version
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
Adams -Weld RE -27J School District, hereinafter referred to as "Jurisdiction", does hereby
agree and contract with the Board of County Commissioners of the County of Weld, hereinafter the
"Commissioners" and the Weld County Clerk and Recorder, hereinafter referred to as "County
Clerk" concerning the administration of the November 7, 1995 coordinated polling place election
conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the
rules and regulations promulgated thereunder, 8 C.C.R. 1505-1. This Agreement is not intended to
address or modify statutory provisions regarding voter registration.
WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority
or to have certain items placed on the ballot at an election pursuant to its statutory authority, such
election to occur on November 7, 1995, and
WIIEREAS, the County Clerk has chosen to conduct the November 7, 1995 election polling
place, and
WHEREAS, the Jurisdiction agrees to conduct an election coordinated by the County Clerk,
and
WHEREAS, the County Clerk as the "coordinated election official" pursuant to 8 C.C.R.
1505-1 §§ 5.1.4 and 5.2.1 has agreed to perform certain election services in consideration of
performance by the Jurisdiction of the obligations herein below set forth, and
951875
performance by the Jurisdiction of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§ 1-7-116, 22-31-103, and 29-1-
203, et seq., C.R.S.
NOW, Tl IEREFORE, in consideration of the mutual covenants herein, the parties agree as
follows:
The Jurisdiction encompasses territory within Weld and
Adams County. This Agreement shall be
construed to apply only to that portion of the Jurisdiction within Weld County.
2. Term of Agreement
a. This Agreement is intended only to deal with the conduct of the November
7, 1995 election.
3. The Jurisdiction agrees to perform the following tasks and activitieswhere required
by law:
a. Receive initiated petitions for local ballot issues where authorized by law,
pursuant to § 1-40-109(2). C.R.S.
Page 2 of 10
951875
Check signatures on initiated petitions and determine and issue, where
appropriate, a_statement of sufficiency, pursuant to § 1-40-118(1), C.R.S
c. Defend against protests filed with the District Court, pursuant to § 1-40-118,
C.R.S.
d. Issue call for nominations for non-partisan elections, where applicable,
pursuant to § 1-5-204, C.R.S., and 8 C.C.R. 1505-1 § 5.5.1.
e. Provide approved candidate nominating petitions, purusuant to -§ 1-4-903
C.R.S. together with instructions to petition circulators.
Receive notice of intent to be candidate forms to be filed purusant to § 22-31-
107(2), C.R.S.
g.
Accept for filing the petitions for nomination, affidavit of circulator and
acceptance of nomination by candidate pursuant to §§ 1-4-804(1), 1-4-906,
and 1-4-907.
lr. Verify signatures on nominating petitions and hear any protests of the
nominating petitions -within five days after the petitions are filed, pursuant
to §§ 1-4-501(1),1-4-908(1)(3), and 1-4-909, C.R.S.
Establish order of names and questions for Jurisdiction's portion of the ballot,
Page 3 of 10
951875
pursuant to §§ 1-5-406 and 1-5-407, C.R.S., and 8 C.C.R. 1505-1 §§ 5.4.2
and 5.4.3.
Certify ballot content, including a list of candidates, ballot title, and text, to
County Clerk at least 55 days prior to election, pursuant to § 1-1-110(3) and
8 C.C.K. 1505-1 §§ 5.4.1 and 5.4.2.
k. Prepare for publication and timely provide to the County Clerk text of notices
or calls of election of candidates or of measures and advise County Clerk of
number and place of any publication required, if any, pursuant to 8 C.C.R.
1505-1 § 5.5 and the Jurisdiction's requirements.
Accept written comments for and against ballot issues pursuant to C.R.S. §§
1-7-901 and 1-40-125(2)(e). Comments to be accepted must be filed by the
end of the business day on the Friday before the 30th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to § 1-7-903, C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than25days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
m. Accept affidavits of intent to be write-in candidate up to 32 days ( the 30th
being a Sunday) prior to the election and provide a list of valid affidavits
Page 4 of 10
951875
received to the County Clerk pursuant to C.K.S. § 1-4-11O2.
n. Prepare Article X, Section 20, Colorado Constitution notices and submit
them to the County Clerk at least 25 days prior to the election. Prepare text,
identify number and place for publication of measures, and/or notice of
election, if required, and advise County Clerk pursuant to C.R.S. § 1-40-124,
and 8 C.C.K. 1505-1 § 5.6.1.
o. Pay the sum of $.25 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 7, 1995
election, with a $200 minimum, plus any additional costs pursuant to 8
C.C.R. 1505-1 § 5.4.2.2, within 30 days of billing, regardless of whether or
not the election is actually held. Notwithstanding the foregoing, for any
election which does not involve a ballot issue requiring Article X, Section 20
notices, Jurisdiction shall be liable for $.15 per registered elector eligible to
vote in the Jurisdiction's election as of the final date of registration prior to
the November 7, 1995 election, with a $200 minimum. In addition,
Jurisdiction shall also reimburse Clerk for payment of members of the Board
of Canvassers, eligible to be paid, the sum of $15 per day pursuant to C.R.S.
1-10-201(4) when the Jurisdiction designates persons for the Board of
Canvassers.. 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.
Page 5 of 10
951.875
P.
Designate an "election officer" who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
4. Duties of County Clerk
Agrees to perform the following tasks and activities where required by law:
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 pursuant to 8 C.C.R. 1505-1 §
5.2.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to C.R.S.
§ 1-7-905 and 906(1) and provide for their publication as directed by the
Jurisdiction. Provide postcard or publication notice, if required under C.R.S.
§ 1-5-206, as directed by the Jurisdiction.
c. Provide absentee ballots, pursuant to § 1-7.5-108, C.K.S., and 8 C.C.K. 1505-
1 §§ 10.8 and 11, as appropriate.
Page 6 of 10
951875
d. Give notice to Jurisdiction of the number of registered electors within the
Jurisdiction as of the effective date of cutoff for registration and bill
Jurisdiction at the rate of $.25 per registered elector, with a $200 minimum,
for the services pursuant to this Agreement.
e. Designate a "contact" to act as a primary liaison or contact between the
Jurisdiction and the County Clerk.
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. I f 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.
Page 7 of 10
951875
b. Conflict of Agreement with law
In the event that any provision in this Agreement conflicts with the Code or
any other statute or valid prior resolution duly adopted by the Jurisdiction,
this Agreement shall be modified to conform to such law or resolution, but
no subsequent resolution of the Jurisdiction nor of the County shall impair
the rights of the County Clerk or the Jurisdiction hereunder without the
consent of the other party to this Agreement.
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective -as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages, not as a penalty, refund all payments made, pursuant to
paragraph 3-o of this Agreement and shall, if requested -by the Jurisdiction,
conduct the next coordinated election which may include any election made
necessary by a defect in the election conducted pursuant to this Agreement
with no fee assessed to the Jurisdiction. This remedy shall be the sole and
exclusive remedy for damages available to the Jurisdiction under this
Agreement.
d. No portion of this Agreement shall be deemed to create a cause of action with
Page 8 of 10
951875
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: 353-3840
Extension 3100, fax number: 353-1964, address: P.O. Box 459, Greeley, CO
80632; and the Jurisdiction notice shall be given to the Jurisdiction at phone:
� 30,9 (� 54 F B o7c- , fax:
(303)659-4.413
address: 63° 5 P1ge i�.:h4 c (o -dCb°(
DATED this day of
Page 9 of 10
, 1995.
951875
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
t( p
J� J�6Y I b
J.A. "Suki" Tsukamoto
APPROVED AS TO FORM:
County Attorney
N/A
Attorney for Jurisdiction
C:\APPS\OFFICE\WPWIN\WPDOCS\95ELECS.LDK
Dale K. Hall, Chairma
ATTEST:
oq/e(,/R5
t
Clerk to the Board of County Conii }rss[ i SLUP,cDeputy Clerk t'o the Board
4uul, 06,
Jurisdiction
ATTEST:
951875
1995 School Version
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
Wiggins RE -50J School District, hereinafter referred to as "Jurisdiction", does hereby agree
and contract with the Board of County Commissioners of the County of Weld, hereinafter the
"Commissioners" and the Weld County Clerk and Recorder, hereinafter referred to as "County
Clerk" concerning the administration of the November 7, 1995 coordinated polling place election
conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the
rules and regulations promulgated thereunder, 8 C.C.R. 1505-1. This Agreement is not intended to
address or modify statutory provisions regarding voter registration.
WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority
or to have certain items placed on the ballot at an election pursuant to its statutory authority, such
election to occur on November 7, 1995, and
WHEREAS, the County Clerk has chosen to conduct the November 7, 1995 election polling
place, and
WHEREAS, the Jurisdiction agrees to conduct an election coordinated by the County Clerk,
and
WHEREAS, the County Clerk as the "coordinated election official" pursuant to 8 C.C.R.
1505-1 §§ 5.1.4 and 5.2.1 has agreed to perform certain election services in consideration of
performance by the Jurisdiction of the obligations herein below set forth, and
951875
performance by the Jurisdiction of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§ 1-7-116, 22-31-103, and 29-1-
203, et seq., C.R.S.
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as
follows:
1. The Jurisdiction encompasses territory within Weld and
County. This Agreement shall be
11�1m S a„
construed to apply only to that portion of the Jurisdiction within Weld County.
2. Perm of Agreement
This Agreement is intended only to deal with the conduct of the November
7, 1995 election.
3. The Jurisdiction agrees to perform the following tasks and activitieswhere required
by law:
a. Receive initiated petitions for local ballot issues where authorized by law,
pursuant to § 1-40-109(2), C.R.S.
Page 2 of 10
951875
h. Check signatures on initiated petitions and determine and issue, where
appropriate, a statement of sufficiency, pursuant to § 1-40-118(1), C.R.S
c. Defend against protests filed with the District Court, pursuant to § 1-40-118,
C.R.S.
d. Issue call for nominations for non-partisan elections, where applicable,
pursuant to § 1-5-204, C.R.S., and 8 C.C.R. 1505-1 § 5.5.1.
e. Provide approved candidate nominating petitions, purusuant to § 1-4-903
C.R.S. together with instructions to petition circulators.
f. Receive notice of intent to be candidate forms to be filed purusant to § 22-31-
107(2), C.R.S.
g. Accept for filing the petitions for nomination, affidavit of circulator and
acceptance of nomination by candidate pursuant to §§ 1-4-804(1), 1-4-906,
and 1-4-907.
h. Verify signatures on nominating petitions and hear any protests of the
nominating petitions within five days after the petitions are filed, pursuant
to §§ 1-4-501(1). 1-4-908(1)(3), and 1-4-909, C.R.S.
Establish order of names and questions for Jurisdiction's portion of the ballot,
Page 3 of 10
951875
pursuant to §§ 1-5-406 and 1-5-407, C.R.S., and 8 C.C.R. 1505-1 §§ 5.4.2
and 5.4.3.
Certify ballot content, including a list of candidates, ballot title, and text, to
County Clerk at least 55 days prior to election, pursuant to § 1-1-110(3) and
8 C.C.K. 1505-1 §§ 5.4.1 and 5.4.2.
k. Prepare for publication and timely provide to the County Clerk text of notices
or calls of election of candidates or of measures and advise County Clerk of
number and place of any publication required, if any, pursuant to 8 C.C.R.
1505-1 § 5.5 and the Jurisdiction's requirements.
Accept written comments for and against ballot issues pursuant to C.R.S. §§
1-7-901 and 1-40-125(2)(e). Comments to be accepted must be filed by the
end of the business day on the Friday before the 30th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to § 1-7-903, C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 25 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
m. Accept affidavits of intent to be write-in candidate up to 32 days ( the 30th
being a Sunday) prior to the election and provide a list of valid affidavits
Page 4 of 10
951875
received to the County Clerk pursuant to C.R.S. § 1-4-1102.
n. Prepare Article X, Section 20, Colorado Constitution notices and submit
them to the County Clerk at least 25 days prior to the election. Prepare text,
identify number and place for publication of measures, and/or notice of
election, if required, and advise County Clerk pursuant to C.R.S. § 1-40-124,
and 8 C.C.R. 1505-1 § 5.6.1.
o. Pay the sum of $.25 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 7, 1995
election, with a $200 minimum, plus any additional costs pursuant to 8
C.C.K. 1505-1 § 5.4.2.2, within 30 days of billing, regardless of whether or
not the election is actually held. Notwithstanding the foregoing, for any
election which does not involve a ballot issue requiring Article X, Section 20
notices, Jurisdiction shall be liable for $.15 per registered elector eligible to
vote in the Jurisdiction's election as of the final date of registration prior to
the November 7, 1995 election, with a $200 minimum. In addition,
Jurisdiction shall also reimburse Clerk for payment of members of the Board
of Canvassers, eligible to be paid, the sum of $15 per day pursuant to C.R.S.
1-10-201(4) when the Jurisdiction designates persons for the Board of
Canvassers.. 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.
Page 5 of 10
951875
P.
Designate an "election officer" who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
Duties of County Clerk
Agrees to perform the following tasks and activities where required by law:
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 pursuant to 8 C.C.R. 1505-1 §
5.2.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to C.R.S.
§ 1-7-905 and 906(1) and provide for their publication as directed by the
Jurisdiction. Provide postcard or publication notice, if required under C.R.S.
§ 1-5-206, as directed by the Jurisdiction.
c. Provide absentee ballots, pursuant to § 1-7.5-108, C.R.S., and 8 C.C.R. 1505-
1 §§ 10.8 and 11, as appropriate.
Page 6 of 10
951875
d. Give notice to Jurisdiction of the number of registered electors within the
Jurisdiction as of the effective date of cutoff for registration and bill
Jurisdiction at the rate of $.25 per registered elector, with a $200 minimum,
for the services pursuant to this Agreement.
e. Designate a "contact" to act as a primary liaison or contact between the
Jurisdiction and the County Clerk.
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. I f 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.
Page 7 of 10
951.875
b. Conflict of Agreement with law
In the event that any provision in this Agreement conflicts with the Code or
any other statute or valid prior resolution duly adopted by the Jurisdiction,
this Agreement shall be modified to conform to such law or resolution, but
no subsequent resolution of the Jurisdiction nor of the County shall impair
the rights of the County Clerk or the Jurisdiction hereunder without the
consent of the other party to this Agreement.
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages, not as a penalty, refund all payments made, pursuant to
paragraph 3-o of this Agreement and shall, if requested by the Jurisdiction.
conduct the next coordinated election which may include any election made
necessary by a defect in the election conducted pursuant to this Agreement
with no fee assessed to the Jurisdiction. This remedy shall be the sole and
exclusive remedy for damages available to the Jurisdiction under this
Agreement.
d. No portion of this Agreement shall be deemed to create a cause of action with
Page 8 of 10
951875
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: 353-3840
Extension 3100, fax number: 353-1964, address: P.O. Box 459, Greeley, CO
80632; and the Jurisdiction notice shall be given to the Jurisdiction at phone:
?90-W3- 99k:a , fax: 990- X83- (o,9n.
address: ,QQ (2 Prngn, /,)/ (o/g5 (90 Ste4
DATED this p{ 75 day of
Page 9 of 10
1995.
951.875
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
tf q -�
J.A. "Suki" Tsukamoto
APPROVED AS TO FORM:
o`unty Attorney
Attorney for Jurisdiction
C:\APPS\OFFICE\WPWIN\WPDOCS\95ELECS.LDK
A
Dale K. Hall, Chairman 6%1062/495
ATTEST:
Clerk to the Board of County C
Deputy Clerk to the Board
_14J ad
urisdiction
ATTEST:
(yea-, afte1)
951875
1995 School Version
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 the
"Commissioners" and the Weld County Clerk and Recorder, hereinafter referred to as "County
Clerk" concerning the administration of the November 7, 1995 coordinated polling place election
conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the
rules and regulations promulgated thereunder, 8 C.C.R. 1505-1. This Agreement is not intended to
address or modify statutory provisions regarding voter registration.
WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority
or to have certain items placed on the ballot at an election pursuant to its statutory authority, such
election to occur on November 7, 1995, and
WHEREAS, the County Clerk has chosen to conduct the November 7, 1995 election by
polling place, and
WHEREAS, the Jurisdiction agrees to conduct an election coordinated by the County Clerk,
and
WHEREAS, the County Clerk as the "coordinated election official" pursuant to 8 C.C.R.
1505-1 §§ 5.1.4 and 5.2.1 has agreed to perform certain election services in consideration of
performance by the Jurisdiction of the obligations herein below set forth, and
951875
WHEREAS, such agreements are authorized by statute at §§ 1-7-116, 22-31-103, and 29-1-
203, et seq., C.R.S.
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as
follows:
1. The Jurisdiction encompasses territory within Weld and
County. This Agreement shall be
construed to apply only to that portion of the Jurisdiction within Weld County.
2. Term of Agreement
a. This Agreement is intended only to deal with the conduct of the November
7, 1995 election.
3. The Jurisdiction agrees to perform the following tasks and activitieswhere required
by law:
a. Receive initiated petitions for local ballot issues where authorized by law,
pursuant to § 1-40-109(2), C.R.S.
b. Check signatures on initiated petitions and determine and issue, where
appropriate, a statement of sufficiency, pursuant to § 1-40-118(1), C.R.S
951.875
c. Defend against protests filed with the District Court, pursuant to § 1-40-118,
C.R.S.
d. Issue call for nominations for non-partisan elections, where applicable,
pursuant to § 1-5-204, C.R.S., and 8 C.C.R. 1505-1 § 5.5.1.
e. Provide approved candidate nominating petitions, purusuant to § 1-4-903
C.R.S. together with instructions to petition circulators.
f. Receive notice of intent to be candidate forms to be filed purusant to § 22-31-
107(2), C.R.S.
g.
Accept for filing the petitions for nomination, affidavit of circulator and
acceptance of nomination by candidate pursuant to §§ 1-4-804(1), 1-4-906,
and 1-4-907.
h. Verify signatures on nominating petitions and hear any protests of the
nominating petitions within five days after the petitions are filed, pursuant
to §§ 1-4-501(1), 1-4-908(1)(3), and 1-4-909, C.R.S.
J.
Establish order of names and questions for Jurisdiction's portion of the ballot,
pursuant to §§ 1-5-406 and 1-5-407, C.R.S., and 8 C.C.R. 1505-1 §§ 5.4.2
and 5.4.3.
Certify ballot content, including a list of candidates, ballot title, and text, to
951875 1
County Clerk at least 55 days prior to election, pursuant to § 1-1-110(3) and
8 C.C.R. 1505-1 §§ 5.4.1 and 5.4.2.
k. Prepare for publication and timely provide to the County Clerk text of notices
or calls of election of candidates or of measures and advise County Clerk of
number and place of any publication required, if any, pursuant to 8 C.C.R.
1505-1 § 5.5 and the Jurisdiction's requirements.
1. Accept written comments for and against ballot issues pursuant to C.R.S. §§
1-7-901 and 1-40-125(2)(e). Comments to be accepted must be filed by the
end of the business day on the Friday before the 30th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to § 1-7-903, C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 25 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
m. Accept affidavits of intent to be write-in candidate up to 32 days ( the 30th
being a Sunday) prior to the election and provide a list of valid affidavits
received to the County Clerk pursuant to C.R.S. § 1-4-1102.
n. Prepare Article X, Section 20, Colorado Constitution notices and submit
them to the County Clerk at least 25 days prior to the election. Prepare text,
identify number and place for publication of measures, and/or notice of
951875 '
election, if required, and advise County Clerk pursuant to C.R.S. § 1-40-124,
and 8 C.C.R. 1505-1 § 5.6.1.
o. Pay the sum of $.25 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 7, 1995
election, with a $200 minimum, plus any additional costs pursuant to 8
C.C.R. 1505-1 § 5.4.2.2, within 30 days of billing, regardless of whether or
not the election is actually held. Notwithstanding the foregoing, for any
election which does not involve a ballot issue requiring Article X, Section 20
notices, Jurisdiction shall be liable for $.15 per registered elector eligible to
vote in the Jurisdiction's election as of the final date of registration prior to
the November 7, 1995 election, with a $200 minimum. In addition,
Jurisdiction shall also reimburse Clerk for payment of members of the Board
of Canvassers, eligible to be paid, the sum of $15 per day pursuant to C.R.S.
1-10-201(4) when the Jurisdiction designates persons for the Board of
Canvassers.. 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.
P. Designate an "election officer" who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
951875
4. Duties of County Clerk
Agrees to perform the following tasks and activities where required by law:
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 pursuant to 8 C.C.R. 1505-1 §
5.2.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to C.R.S.
§ 1-7-905 and 906(1) and provide for their publication as directed by the
Jurisdiction. Provide postcard or publication notice, if required under C.R.S.
§ 1-5-206, as directed by the Jurisdiction.
c. Provide absentee ballots, pursuant to § 1-7.5-108, C.R.S., and 8 C.C.R. 1505-
1 §§ 10.8 and 11, as appropriate.
d. Give notice to Jurisdiction of the number of registered electors within the
Jurisdiction as of the effective date of cutoff for registration and bill
Jurisdiction at the rate established in paragraph 3 (o) for the services pursuant
to this Agreement.
e. Designate a "contact" to act as a primary liaison or contact between the
Jurisdiction and the County Clerk.
951.875
f. 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
In the event that any provision in this Agreement conflicts with the Code or
any other statute or valid prior resolution duly adopted by the Jurisdiction,
this Agreement shall be modified to conform to such law or resolution, but
no subsequent resolution of the Jurisdiction nor of the County shall impair
the rights of the County Clerk or the Jurisdiction hereunder without the
consent of the other party to this Agreement.
951875
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages, not as a penalty, refund all payments made, pursuant to
paragraph 3-o of this Agreement and shall, if requested by the Jurisdiction,
conduct the next coordinated election which may include any election made
necessary by a defect in the election conducted pursuant to this Agreement
with no fee assessed to the Jurisdiction. This remedy shall be the sole and
exclusive remedy for damages available to the Jurisdiction under this
Agreement.
d. No portion of this Agreement shall be deemed to create a cause of action with
respect to anyone not a party to this Agreement, nor is this Agreement
intended to waive any privileges or immunities the 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.
951875
f. Notice shall be given by Jurisdiction to the Clerk at phone: 353-3840.
Extension 3100, fax number: 353-1964, address: P.O. Box 459, Greeley, CO
80632; and the Jurisdiction notice shall be given to the Jurisdiction at phone:
35,2-/.5V3 EXT. /6O, fax: 553 - o2lii��
address:
//- /57A S 6r et/e((1.O Y063/
DATED this "S¢/� day of
� g U,S t , 1995.
951875
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
a
/Se �►� / v.rnur✓
A. "Suki" Tsukamoto
APPROVED AS TO FORM:
County Attorney
ttorney for Juris:iction
C:\APPS\OFFICE\WPWIN\WPDOCS\95ELECS.LDK
Dale K. Hall, Chairman
ATTEST:
I I,
Clerk to the Board of County Co
ATTEST:
Deputy Clerk to the Board
951875
1995 School Version
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
Aims Community College , hereinafter referred to as "Jurisdiction", does hereby agree and
contract with the Board of County Commissioners of the County of Weld, hereinafter the
"Commissioners" and the Weld County Clerk and Recorder, hereinafter referred to as "County
Clerk" concerning the administration of the November 7, 1995 coordinated polling place election
conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the
rules and regulations promulgated thereunder, 8 C.C.R. 1505-1. This Agreement is not intended to
address or modify statutory provisions regarding voter registration.
WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority
or to have certain items placed on the ballot at an election pursuant to its statutory authority, such
election to occur on November 7, 1995, and
WHEREAS, the County Clerk has chosen to conduct the November 7, 1995 election as a
polling place election, and
WHEREAS, the Jurisdiction agrees to conduct an election coordinated by the County Clerk,
and
WHEREAS, the County Clerk as the "coordinated election official" pursuant to 8 C.C.R.
1505-1 §§ 5.1.4 and 5.2.1 has agreed to perform certain election services in consideration of
performance by the Jurisdiction of the obligations herein below set forth, and
951875 '
WHEREAS, such agreements are authorized by statute at §§ 1-7-116, 22-31-103, and 29-1-
203, et seq., C.R.S.
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as
follows:
1. The Jurisdiction encompasses territory within Weld and
Lor , MoYc m Lo-rrnlQx- itc3&rs County. This Agreement shall be
construed to apply only to that portion of the Jurisdiction within Weld County.
2. Term of Agreement
a. This Agreement is intended only to deal with the conduct of the November
7, 1995 election.
3. The Jurisdiction agrees to perform the following tasks and activitieswhere required
by law:
a. Receive initiated petitions for local ballot issues where authorized by law,
pursuant to § 1-40-109(2), C.R.S.
b. Check signatures on initiated petitions and determine and issue, where
appropriate, a statement of sufficiency, pursuant to § 1-40-118(1), C.R.S
951875
c. Defend against protests filed with the District Court, pursuant to § 1-40-118,
C.R.S.
d. Issue call for nominations for non-partisan elections, where applicable,
pursuant to § 1-5-204, C.R.S., and 8 C.C.R. 1505-1 § 5.5.1.
e. Provide approved candidate nominating petitions, purusuant to § 1-4-903
C.R.S. together with instructions to petition circulators.
f. Receive notice of intent to be candidate forms to be filed purusant to § 22-31-
107(2), C.R.S.
g.
Accept for filing the petitions for nomination, affidavit of circulator and
acceptance of nomination by candidate pursuant to §§ 1-4-8040), 1-4-906,
and 1-4-907.
h. Verify signatures on nominating petitions and hear any protests of the
nominating petitions within five days after the petitions are filed, pursuant
to §§ 1-4-501(1), 1-4-908(1)(3), and 1-4-909, C.R.S.
i. Establish order of names and questions for Jurisdiction's portion of the ballot,
pursuant to §§ 1-5-406 and 1-5-407, C.R.S., and 8 C.C.R. 1505-1 §§ 5.4.2
and 5.4.3.
.1
Certify ballot content, including a list of candidates, ballot title, and text, to
951.875
County Clerkatleast 55 days prior to election, pursuant to § 1-1-110(3) and
8 C.C.R. 1505-1 §§ 5.4.1 and 5.4.2.
k. Prepare for publication and timely provide to the County Clerk text of notices
or calls of election of candidates or of measures and advise County Clerk of
number and place of any publication required, if any, pursuant to 8 C.C.R.
1505-1 § 5.5 and the Jurisdiction's requirements.
1. Accept written comments for and against ballot issues pursuant to C.R.S. §§
1-7-901 and 1-40-125(2)(e). Comments to be accepted must be filed by the
end of the business day on the Friday before the 30th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to § 1-7-903, C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 25 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
m. Accept affidavits of intent to be write-in candidate up to 32 days ( the 30th
being a Sunday) prior to the election and provide a list of valid affidavits
received to the County Clerk pursuant to C.R.S. § 1-4-1102.
n. Prepare Article X, Section 20, Colorado Constitution notices and submit
them to the County Clerk at least 25 days prior to the election. Prepare text,
identify number and place for publication of measures, and/or notice of
951875
election, if required, and advise County Clerk pursuant to C.R.S. § 1-40-124,
and 8 C.C.R. 1505-1 § 5.6.1.
o. Pay the sum of $.25 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 7, 1995
election, with a $200 minimum, plus any additional costs pursuant to 8
C.C:R. 1505-1 § 5.4.2.2, within 30 days of billing, regardless of whether or
not the election is actually held. Notwithstanding the foregoing, for any
election which does not involve a ballot issue requiring Article X, Section 20
notices, Jurisdiction shall be liable for $.15 per registered elector eligible to
vote in the Jurisdiction's election as of the final date of registration prior to
the November 7, 1995 election, with a $200 minimum. In addition,
Jurisdiction shall also reimburse Clerk for payment of members of the Board
of Canvassers, eligible to be paid, the sum of $15 per day pursuant to C.R.S.
1-10-201(4) when the Jurisdiction designates persons for the Board of
Canvassers.. 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, theJurisdictionshall
not be obligated for any expenses.
P. Designatean"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 handledbythe
Jurisdiction hereunder.
951875
4. Duties of County Clerk
Agrees to perform the following tasks and activities where required by law:
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 pursuant to 8 C.C.R. 1505-1 §
5.2.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to C.R.S.
§ 1-7-905 and 906(1) and provide for their publication as directed by the
Jurisdiction. Provide postcard or publication notice, if required under C.R.S.
§ 1-5-206, as directed by the Jurisdiction.
c. Provide absentee ballots, pursuant to § 1-7.5-108, C.R.S., and 8 C.C.R. 1505-
1 §§ 10.8 and 11, as appropriate.
d. Give notice to Jurisdiction of the number of registered electors within the
Jurisdiction as of the effective date of cutoff for registration and bill
Jurisdiction at the rate set forth in Section 3(o) of this Agreement for the
services pursuent to this Agreement.
e. Designate a "contact" to act as a primary liaison or contact between the
Jurisdiction and the County Clerk.
951875
f. 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
In the event that any provision in this Agreement conflicts with the Code or
any other statute or valid prior resolution duly adopted by the Jurisdiction,
this Agreement shall be modified to conform to such law or resolution, but
no subsequent resolution of the Jurisdiction nor of the County shall impair
the rights of the County Clerk or the Jurisdiction hereunder without the
consent of the other party to this Agreement.
951875
c. Liquidated damages provision
In the event that a Court of competent jurisdiction findsthatthe election for
the Jurisdiction was void or otherwise fatally defective as -a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages, not as a penalty, refund all payments made, pursuant to
paragraph 3-o of this Agreement and shall, if requested by the Jurisdiction,
conduct the next coordinated election which may include any election made
necessary by a defect in the election conducted pursuant to this Agreement
with no fee assessed to the Jurisdiction. This remedy shall be the sole and
exclusive remedy for damages available to the Jurisdiction under this
Agreement.
d. No portion of this Agreement shall be deemed to create a cause of action with
respect to anyone not a party to this Agreement, nor is this Agreement
intended to waive any privileges or immunities the 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 madeexceptin writing approved by the parties.
951875
951875
f Notice shall be given by Jurisdiction to the Clerk at phone: 353-3840
Extension 3100, fax number: 353-1964, address: P.O. Box 459, Greeley, CO
80632; and the Jurisdiction notice shall be given to the Jurisdiction at phone:
330-3003 x dll , fax: 330- 5705
address: 1?rLa- Djai cA A07,1 C.Co119 , Pa 12rif7[ b i ,
G rc eie.D Co 3 o6 3,
DATED this 3 day of
Au u3t• 1995.
951875
WELD COUNTY CLERIC & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
N
J.A. "Suki" Tsukamoto
APPROVED AS TO FORM:
County Attorney
jVu.A IGA / ka
(ter A hi3 30. 'e_
71-3 ln-. 1 u,,
Attorney for Jurisdiction
C:\APPS\OFFICE\WPWIN\WPDOCS\9SELECS.LDK
Dale K. Hall, Chairman D 910&/9.5
ATTEST:
Clerk to the Board of County Co
CALF_ k-- )11 Q -
Deputy ClerW to the Board
Jurisdiction
ATTEST:
lay iCr,„
951875
1995 School Version
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
St. 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 the
"Commissioners" and the Weld County Clerk and Recorder, hereinafter referred to as "County
Clerk" concerning the administration of the November 7, 1995 coordinated polling place election
conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the
rules and regulations promulgated thereunder, 8 C.C.R. 1505-1. This Agreement is not intended to
address or modify statutory provisions regarding voter registration.
WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority
or to have certain items placed on the ballot at an election pursuant to its statutory authority, such
election to occur on November 7, 1995, and
WHEREAS, the County Clerk has chosen to conduct the November 7, 1995 election polling
place, and
WHEREAS, the Jurisdiction agrees to conduct an election coordinated by the County Clerk,
and
WHEREAS, the County Clerk as the "coordinated election official" pursuant to 8 C.C.R.
1505-1 §§ 5.1.4 and 5.2.1 has agreed to perform certain election services in consideration of
performance by the Jurisdiction of the obligations herein below set forth, and
951.875
performance by the Jurisdiction of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§ 1-7-116, 22-31-103, and 29-1-
203, et seq., C.R.S.
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as
follows:
1. The Jurisdiction encompasses territory within Weld,
Boulder and Larimer
Counties. This Agreement shall be
construed to apply only to that portion of the Jurisdiction within Weld County.
2. Term of Agreement
a. This Agreement is intended only to deal with the conduct of the November
7, 1995 election.
3. The Jurisdiction agrees to perform the following tasks and activitieswhere required
by law:
a. Receive initiated petitions for local ballot issues where authorized by law,
pursuant to § 1-40-109(2). C.R.S.
Page 2 of 10
951875
b. Check signatures on initiated petitions and determine and issue, where
appropriate, a statement of sufficiency, pursuant to § 1-40-118(1), C.R.S
c. Defend against protests filed with the District Court, pursuant to § 1-40-118,
C.R.S.
d. Issue call for nominations for non-partisan elections, where applicable,
pursuant to § 1-5-204, C.R.S., and 8 C.C.R. 1505-1 § 5.5.1.
e. Provide approved candidate nominating petitions, pursuant to § 1-4-903
C.R.S. together with instructions to petition circulators.
Receive notice of intent to be candidate forms to be filed purusant to § 22-31-
107(2), C.R.S.
g. Accept for tiling the petitions for nomination, affidavit of circulator and
acceptance of nomination by candidate pursuant to §§ 1-4-804(1), 1-4-906,
and 1-4-907.
h. Verify signatures on nominating petitions and hear any protests of the
nominating petitions within five days after the petitions are filed, pursuant
to §§ 1-4-501(1). 1-4-908(I)(3), and 1-4-909, C.R.S.
Establish order of names -and questions for Jurisdiction's portion of the ballot,
Page 3 of 10
951.875 '
pursuant to §§ 1-5-406 and 1-5-407, C.R.S., and 8 C.C.R. 1505-1 §§ 5.4.2
and 5.4.3.
J.
Certify ballot content, including a list of candidates, ballot title, and text, to
County Clerk at least 55 days prior to election, pursuant to § 1-1-110(3) and
8 C.C.R. 1505-1 §§ 5.4.1 and 5.4.2.
k. Prepare for publication and timely provide to the County Clerk text of notices
or calls of election of candidates or of measures and advise County Clerk of
number and place of any publication required, if any, pursuant to 8 C.C.R.
1505-1 § 5.5 and the Jurisdiction's requirements.
Accept written comments for and against ballot issues pursuant to C.R.S. §§
1-7-901 and 1-40-125(2)(e). Comments to be accepted must be filed by the
end of the business day on the Friday before the 30th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to § 1-7-903, C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 25 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
m. Accept affidavits of intent to be write-in candidate up to 32 days ( the 30th
being a Sunday) prior to the election and provide a list of valid affidavits
Page 4 of 10
951875
received to the County Clerk pursuant to C.R.S. § 1-4-1102.
u. Prepare Article X, Section 20, Colorado Constitution notices and submit
them to the County Clerk at least 25 days prior to the election. Prepare text,
identify number and place for publication of measures, and/or notice of
election, if required, and advise County Clerk pursuant to C.R.S. § 1-40-124,
and 8 C.C.R. 1505-1 § 5.6.1.
o. Pay the sum of $.25 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 7, 1995
election, with a $200 minimum, plus any additional costs pursuant to 8
C.C.R. 1505-I § 5.4.2.2, 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 he liable for $.15 per registered elector eligible to
vote in the Jurisdiction's election as of the final date of registration prior to
the November 7, 1995 election, with a $200 minimum. In addition,
Jurisdiction shall also reimburse Clerk for payment of members of the Board
of Canvassers, eligible to be paid, the sum of $15 per day pursuant to C.R.S.
1-10-201(4) when the Jurisdiction designates persons for the Board of
Canvassers.. 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.
Page 5 of 10
951.875
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.
4. Duties of County Clerk
Agrees to perform the following tasks and activities where required by law:
_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 pursuant to 8 C.C.R. 1505-1 §
5.2.
H. Circulate the Article X, Section 20, Ballot Issues notices pursuant to C.R.S.
§ 1-7-905 and 906(1) and provide for their publication as directed by the
Jurisdiction. Provide postcard or publication notice, if required under C.R.S.
§ 1-5-206, as directed by the Jurisdiction.
c. Provide absentee ballots, pursuant to-§ 1-7.5-108, C.R.S., and 8 C.C.R. 1505-
1 §§ 10:8 and 11, as appropriate.
Page 6 of 10
951.875
d. Give notice to Jurisdiction of the number of registered electors within the
Jurisdiction as of the effective date of cutoff for registration and bill
Jurisdiction at the rate of $.25 per registered elector, with a $200 minimum,
for the services pursuant to this Agreement.
e. Designate a "contact" to act as a primary liaison or contact between the
Jurisdiction and the County Clerk.
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. I f 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
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.
Page 7 of 10
95iB71
b. Conflict of Agreement with law
In the event that any provision in this Agreement conflicts with the Code or
any other statute or valid prior resolution duly adopted by the Jurisdiction,
this Agreement shall be modified to conform to such law or resolution, but
no subsequent resolution of the Jurisdiction nor of the County shall impair
the rights of the County Clerk or the Jurisdiction hereunder without the
consent of the other party to this Agreement.
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages, not as a penalty, refund all payments made, pursuant to
paragraph 3-o of this Agreement and shall, if requested by the Jurisdiction.
conduct the next coordinated election which may include any election made
necessary by a defect in the election conducted pursuant to this Agreement
with no lee assessed to the Jurisdiction. This remedy shall be the sole and
exclusive remedy for damages available to the Jurisdiction under this
Agreement.
No portion of this Agreement shall be deemed to create a cause_ of action with
Page 8 of 10
951875
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: 353-3840
Extension 3100 fax number: 353-1964, address: P.O. Box 459, Greeley, CO
80632- and the Jurisdiction notice shall be given to the Jurisdiction at phone:
682-7203 , fax: 682-7343
address: 395 South Pratt Parkway. Longmont, CO 80501
DATED this 23rd day of August , 1995.
Page 9 of 10
951875
WELD COUNTY CLERK & RECORDER
J.A. "Suki" Tsukamoto
APPROVED AS TO FORM:
ounty Attorney
Michael Shaw, President
Board of Education
Attorney for Jurisdiction
C:\APPS\OFFICE\WPWIN\WPDOCS\95ELECS.LDK
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
Dale K. Hall, Chairman
Clerk to the Board of County Comr t
Deputy Clerk o the Board
St. Vrain Valley School District RE -1J
Jurisdiction
ATTEST:
R. W. Moderhak
Assistant Superintendent for Auxiliary
Services
951875
1995 School Version
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
Eaton RE -2 School District, hereinafter referred to as "Jurisdiction", does hereby agree and
contract with the Board of County Commissioners of the County of Weld, hereinafter the
"Commissioners" and the Weld County Clerk and Recorder, hereinafter referred to as "County
Clerk" concerning the administration of the November 7, 1995 coordinated polling place election
conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the
rules and regulations promulgated thereunder, 8 C.C.R. 1505-1. This Agreement is not intended to
address or modify statutory provisions regarding voter registration.
WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority
or to have certain items placed on the ballot at an election pursuant to its statutory authority, such
election to occur on November 7, 1995, and
WHEREAS, the County Clerk has chosen to conduct the November 7, 1995 election polling
place, and
WHEREAS, the Jurisdiction agrees to conduct an election coordinated by the County Clerk,
and
WHEREAS, the County Clerk as the "coordinated election official" pursuant to 8 C.C.R.
1505-1 §§ 5.1.4 and 5.2.1 has agreed to perform certain election services in consideration of
performance by the Jurisdiction of the obligations herein below set forth, and
951875
performance by the Jurisdiction of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§ 1-7-116, 22-31-103, and 29-1-
203, et seq., C.R.S.
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as
follows:
The Jurisdiction encompasses territory within Weld and
County. This Agreement shall be
construed to apply only to that portion of the Jurisdiction within Weld County.
2. "Perm of Agreement
a. This Agreement is intended only to deal with the conduct of the November
7, 1995 election.
3. The Jurisdiction agrees to perform the following tasks and activitieswhere required
-by law:
a. Receive initiated petitions for local ballot issues where authorized by law,
pursuant to § 1-40-109(2). C.R.S.
Page 2 of 10
951875
Check signatures on initiated petitions and determine and issue, where
appropriate, a statement of sufficiency, pursuant to § 1-40-118(1), C.R.S
c. Defend against protests filed with the District Court, pursuant to § 1-40-118,
C.R.S.
d. Issue call for nominations for non-partisan elections, where applicable,
pursuant to § 1-5-204, C.R.S., and 8 C.C.R. 1505-1 § 5.5.1.
e. Provide approved candidate nominating petitions, purusuant to § 1-4-903
C.R.S. together with instructions to petition circulators.
Receive notice of intent to be candidate forms to be filed purusant to § 22-31-
107(2), C.R.S.
g. Accept for filing the petitions for nomination, affidavit of circulator and
acceptance of nomination by candidate pursuant to §§ 1-4-804(1), 1-4-906,
and 1-4-907.
Verify signatures on nominating petitions and hear any protests of the
nominating petitions within five days after the petitions are filed, pursuant
to §§ 1-4-501(I),1-4-908(1)(3), and 1-4-909, C.R.S.
Establish order of names and questions for Jurisdiction's portion of the ballot,
Page 3 of 10
951875
pursuant to §§ 1-5-406 and 1-5-407, C.R.S., and 8 C.C.R. 1505-1 §§ 5.4.2
and 5.4.3.
Certify ballot content, including a list of candidates, ballot title, and text, to
County Clerk at least 55 days prior to election, pursuant to § 1-1-110(3) and
8 C.C.R. 1505-1 §§ 5.4.1 and 5.4.2.
k. Prepare for publication and timely provide to the County Clerk text of notices
or calls of election of candidates or of measures and advise County Clerk of
number and place of any publication required, if any, pursuant to 8 C.C.R.
1505-I § 5.5 and the Jurisdiction's requirements.
Accept written comments for and against ballot issues pursuant to C.R.S. §§
1-7-901 and 1-40-125(2)(e). Comments to be accepted must be filed by the
end of the business day on the Friday before the 30th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to § 1-7-903, C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 25 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
m. Accept affidavits of intent to be write-in candidate up to 32 days ( the 30th
being a Sunday) prior to the election and provide a list of valid affidavits
Page 4 of 10
951875
received to the County Clerk pursuant to C.R.S. § 1-4-1102.
u. Prepare Article X, Section 20, Colorado Constitution notices and submit
them to the County Clerk at least 25 days prior to the election. Prepare text,
identify number and place for publication of measures, and/or notice of
election, if required, and advise County Clerk pursuant to C.R.S. § 1-40-124,
and 8 C.C.R. 1505-1 § 5.6.1.
o. Pay the sum of $.25 per registered elector eligible to vote in the Jurisdictions
election as of the final date of registration prior to the November 7, 1995
election, with a $200 minimum, plus any additional costs pursuant to 8
C.C.K. 1505-1 § 5.4.2.2, within 30 days of billing, regardless of whether or
not the election is actually held. Notwithstanding the foregoing, for any
election which does not involve a ballot issue requiring Article X, Section 20
notices, Jurisdiction shall be liable for $.15 per registered elector eligible to
vote in the Jurisdiction's election -as of the final date of registration prior to
the November 7, 1995 election, with a $200 minimum. In addition,
Jurisdiction shall also reimburse Clerk for payment of members of the Board
of Canvassers, eligible to be paid, the sum of $15 per day pursuant to C.R.S.
1-10-201(4) when the Jurisdiction designates persons for the Board of
Canvassers.. If the Jurisdiction cancels the election before its Section 20,
Article X notices arc 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.
Page 5 of 10
951875
P.
Designate an "election officer" who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
4. Duties of County Clerk
Agrees to perform the following tasks and activities where required by law:
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 pursuant to 8 C.C.R. 1505-1 §
5.2.
h. Circulate the Article X, Section 20, Ballot Issues notices pursuant to C.R.S.
§ 1-7-905 and 906(1) and provide for their publication as directed by the
Jurisdiction. Provide postcard or publication notice, if required under C.R.S.
§ 1-5-206, as directed by the Jurisdiction.
c. Provide absentee ballots, pursuant to § t-7.5-108, C.R.S., and 8 C.C.R. 1505-
1 §§ 10.8 and 11, as appropriate.
Page 6 of 10
951875
d. Give notice to Jurisdiction of the number of registered electors within the
Jurisdiction as of the effective date of cutoff for registration and bill
Jurisdiction at the rate of $.25 per registered elector, with a $200 minimum,
for the services pursuant to this Agreement.
e. Designate a "contact" to act as a primary liaison or contact between the
Jurisdiction and the County Clerk.
f. 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.
Page 7 of 10
951.875
b. Conflict of Agreement with law
In the event that any provision in this Agreement conflicts with the Code or
ally other statute or valid prior resolution duly adopted by the Jurisdiction,
this Agreement shall be modified to conform to such law or resolution, but
no subsequent resolution of the Jurisdiction nor of the County shall impair
the rights of the County Clerk or the Jurisdiction hereunder without the
consent of the other party to this Agreement.
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages, not as a penalty, refund all payments made, pursuant to
paragraph 3-o of this Agreement and shall, if requested by the Jurisdiction,
conduct the next coordinated election which may include any -election made
necessary by a defect in the election conducted pursuant to this Agreement
with no fee assessed to the Jurisdiction. This remedy shall be the sole and
exclusive remedy for damages available to the Jurisdiction under this
Agreement.
d. No portion of this Agreement shall be deemed to create_a cause of -action with
Page 8 of 10
951875
respect to anyone not a party to this Agreement, nor is this Agreement
intended to waive any privilegesorimmunities 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: 353-3840
Extension 3100, fax number: 353-1964, address: P.O. Box 459, Greeley, CO
80632; and the Jurisdiction notice shall be given to the Jurisdiction at phone:
(970) 454-3402
fax: (970) 454-3012
address: 36 Cottonwood Avenue, Eaton, Colorado 80615
DATED this 8 day of August , 1995.
Page 9 of 10
951875
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
J.A. "Suki" Tsukamoto
APPROVED AS TO FORM:
Dale K. Hall, Chairman
ATTEST:
Clerk to the Board of County Cortop
,r
S,e k, -YYw2fi.,�.�
unty Attorney " Deputy Clerk to the Board
farm .e_f-v2
Jurisdiction
ATTEST:
Designated Election Official
8/8/95
C:\APPS\OFFICE\WPWIN\WPDOCS\95ELECS.LDK
951875
1995 School Version
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
Weld RE -3J School District, hereinafter referred to as "Jurisdiction", does hereby agree
and contract with the Board of County Commissioners of the County of Weld, hereinafter the
"Commissioners" and the Weld County Clerk and Recorder, hereinafter referred to as "County
Clerk" concerning the administration of the November 7, 1995 coordinated polling place election
conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the
rules and regulations promulgated thereunder, 8 C.C.R. 1505-1. This Agreement is not intended to
address or modify statutory provisions regarding voter registration.
WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority
or to have certain items placed on the ballot at an election pursuant to its statutory authority, such
election to occur on November 7, 1995, and
WHEREAS, the County Clerk has chosen to conduct the November 7, 1995 election polling
place, and
WHEREAS, the Jurisdiction agrees to conduct an election coordinated by the County Clerk,
and
WHEREAS, the County Clerk as the "coordinated election official" pursuant to 8 C.C.R.
1505-1 §§ 5.1.4 and 5.2.1 has agreed to perform certain election services in consideration of
performance by theJurisdictionof the obligations herein below set forth, and
951875
performance by the Jurisdiction of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§ 1-7-116, 22-31-103, and 29-1-
203, et seq., C.R.S.
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as
follows:
The Jurisdiction encompasses territory withi❑ Weld and
Adams County. This Agreement shall be
construed to apply only to that portion of the Jurisdiction within Weld County.
2. Term of Agreement
a. This Agreement is intended only to deal with the conduct of the November
7, 1995 election.
3. The_Jurisdiction agrees to perform the following tasks and activitieswhere required
by law:
a. Receive initiated petitions for local ballot issues where authorized by law,
pursuant to § 1-40-109(2), C.R.S.
Page 2 of 10
951875
b. Check signatures on initiated petitions and determine and issue, where
appropriate, a statement of sufficiency, pursuant to § 1-40-118(1), C.R.S
c. Defend against protests filed with the District Court, pursuant to § 1-40-118,
C.R.S.
d. Issue call for nominations for non-partisan elections, where applicable,
pursuant to § 1-5-204, C.R.S., and 8 C.C.R. 1505-1 § 5.5.1.
e. Provide approved candidate nominating petitions, purusuant to § 1-4-903
C.R.S. together with instructions to petition circulators.
Receive notice of intent to be candidate forms to be filed purusant to § 22-31-
107(2), C.R.S.
g.
Accept for filing the petitions for nomination, affidavit of circulator and
acceptance of nomination by candidate pursuant to §§ 1-4-804(1), 1-4-906,
and 1-4-907.
h. Verify signatures on nominating petitions and hear any protests of the
nominating petitions within five days after the petitions are filed, pursuant
to §§ 1-4-501(1).1-4-908(1)(3), and 1-4-909, C.R.S.
Establish order of names and questions for Jurisdiction's portion of the ballot,
Page 3 of 10
951875
pursuant to §§ 1-5-406 and 1-5-407, C.R.S., and 8 C.C.R. 1505-1 §§ 5.4.2
and 5.4.3.
Certify ballot content, including a list of candidates, ballot title, and text, to
County Clerk at least 55 days prior to election, pursuant to § 1-1-110(3) and
8 C.C.R. 1505-1 §§ 5.4.1 and 5.4.2.
k. Prepare for publication and timely provide to the County Clerk text of notices
or calls of election of candidates or of measures and advise County Clerk of
number and place of any publication required, if any, pursuant to 8 C.C.R.
1505-1 § 5.5 and the Jurisdiction's requirements.
Accept written comments for and against ballot issues pursuant to C.R.S. §§
1-7-901 and 1-40-125(2)(e). Comments to be accepted must be filed by the
end of the business day on the Friday before the 30th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to § 1-7-903, C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 25 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
m. Accept affidavits of intent to be write-in candidate up to 32 days ( the 30th
being a Sunday) prior to the election and provide -a list of valid affidavits
Page 4 of 10
951875
received to the County Clerk pursuant to C.R.S. § 1-4-1102.
n. Prepare Article X, Section 20, Colorado Constitution notices and submit
them to the County Clerk at least 25 days prior to the election. Prepare text,
identify number and place for publication of measures, and/or notice of
election, if required, and advise County Clerk pursuant to C.R.S. § 1-40-124,
and 8 C.C.R. 1505-1 § 5.6.1.
o. Pay the sum of$.25 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 7, 1995
election, with a $200 minimum, plus any additional costs pursuant to 8
C.C.R. 1505-1 § 5.42.2, within 30 days of billing, regardless of whether or
not the election is actually held. Notwithstanding the foregoing, for any
election which does not involve a ballot issue requiring Article X, Section 20
notices, Jurisdiction shall be liable for $.15 per registered elector eligible to
vote in the -Jurisdiction's election as of the final date of registration prior to
the November 7, 1995 election, with a $200 minimum. In addition,
Jurisdiction shall also reimburse Clerk for payment of members of the Board
of Canvassers, eligible to be paid, the sum of $15 per day pursuant to C.R.S.
I-10-201(4) when the Jurisdiction designates persons for the Board of
Canvassers.. 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.
Page 5 of 10
951875
p.
Designate an "election officer" who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
4. Duties of County Clerk
Agrees to perform the following tasks and activities where required by law:
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 pursuant to 8 C.C.R. 1505-1 §
5.2.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to C.R.S.
§ 1-7-905 and 906(1) and provide for their publication as directed by the
Jurisdiction. Provide postcard or publication notice, if required under C.R.S.
§ 1-5-206, as directed by the Jurisdiction.
c. Provide absentee ballots, pursuant to § 1-7.5-108, C.R.S., and 8 C.C.R. 1505-
1 §§ 10.8 and 11, as appropriate.
Page 6 of 10
951.8%5
d. Give notice to Jurisdiction of the number of registered electors within the
Jurisdiction as of the effective date of cutoff for registration and bill
Jurisdiction at the rate of $.25 per registered elector, with a $200 minimum,
for the services pursuant to this Agreement.
e. Designate a "contact" to act as a primary liaison or contact between the
Jurisdiction and the County Clerk.
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.
Page 7 of 10
951875
b. Conflict of Agreement with law
In the event that any provision in this Agreement conflicts with the Code or
any other statute or valid prior resolution duly adopted by the Jurisdiction,
this Agreement shall be modified to conform to such law or resolution, but
no subsequent resolution of the Jurisdiction nor of the County shall impair
the rights of the County Clerk or the Jurisdiction hereunder without the
consent of the other party to this Agreement.
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages, not as a penalty, refund all payments made, pursuant to
paragraph 3-o of this Agreement and shall, if requested by the Jurisdiction,
conduct the next coordinated election which may include any election made
necessary by a defect in the election conducted pursuant to this Agreement
with no fee assessed to the Jurisdiction. This remedy shall be the sole and
exclusive remedy for damages available to the Jurisdiction under this
Agreement.
d. No portion of this Agreement shall be deemed to create a cause of action with
Page 8 of 10
951875
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.
1. Notice shall be given by Jurisdiction to the Clerk at phone: 353-3840
Extension 3100, fax number: 353-1964 address: P.O. Box 459, Greeley, CO
80632; and the Jurisdiction notice shall be given to the Jurisdiction at phone:
303-732-4844 , fax: 303-659-1033
address: PO Box 269, Keenesburg, CO 80643
DATED this 17th day of August , 1995.
Page 9 of 10
951875
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
ll
J.A. "Suki" Tsukamoto
APPROVED AS TO FORM:
County Attorney
Dale K. Hall, Chairman
ATTEST:
aVotp/95-
GF�I''
Clerk to the Board of County Coniplj sio31M
clap Lirkljefittzmc,
Li
Deputy Clerk the Board
Weld Re -3(J) School District
Jurisdiction
ATTEST:
Attorney for Jurisdiction Dennis Disario, Superintendent
C:\APPS\OFFICE\WPWIN\WPDOCS\95ELECS.LDK
951875
1995 School Version
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
Windsor RE -4 School District, hereinafter referred to as "Jurisdiction", does hereby agree
and contract with the Board of County Commissioners of the County of Weld, hereinafter the
"Commissioners" and the Weld County Clerk and Recorder, hereinafter referred to as "County
Clerk" concerning the administration of the November 7, 1995 coordinated polling place election
conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the
rules and regulations promulgated thereunder, 8 C.C.R. 1505-1. This Agreement is not intended to
address or modify statutory provisions regarding voter registration.
WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority
or to have certain items placed on the ballot at an election pursuant to its statutory authority, such
election to occur on November 7, 1995, and
WHEREAS, the County Clerk has chosen to conduct the November 7, 1995 election polling
place, and
WHEREAS, the Jurisdiction agrees to conduct an election coordinated by the County Clerk,
and
WHEREAS, the County Clerk as the "coordinated election official" pursuant to 8 C.C.R.
1505-1 §§ 5.1.4 and 5.2.1 has agreed to perform certain election services in consideration of
performance by the Jurisdiction of the obligations herein below set forth, and
951.875
performance by the Jurisdiction of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§ 1-7-116, 22-31-103, and 29-1-
203, et seq., C.R.S.
NOW, TI IEREFORE, in consideration of the mutual covenants herein, the parties agree as
follows:
1. The Jurisdiction encompasses territory within Weld and
County. This Agreement shall be
construed to apply only to that portion of the Jurisdiction within Weld County.
2. Term of Agreement
a. This Agreement is intended only to deal with the conduct of the November
7, 1995 election.
3. The Jurisdiction agrees to perform the following tasks -and activitieswhere required
by law:
a. Receive initiated petitions for local ballot issues where authorized by law,
pursuant to § 1-40-109(2). C.R.S.
Page 2 of 10
951.875
Check signatures on initiated petitions and determine and issue, where
appropriate, a statement of sufficiency, pursuant to § 1-40-118(1), C.R.S
c. Defend against protests filed with the District Court, pursuant to § 1-40-118,
C.R.S.
d. Issue call for nominations for non-partisan elections, where applicable,
pursuant to § 1-5-204, C.R.S., and 8 C.C.R. 1505-1 § 5.5.1.
e. Provide approved candidate nominating petitions, purusuant to § 1-4-903
C.R.S. together with instructions to petition circulators.
Receive notice of intent to be candidate forms to be filed pursuant to § 22-31-
107(2), C.R.S.
g.
Accept for filing the petitions for nomination, affidavit of circulator and
acceptance of nomination by candidate pursuant to §§ 1-4-804(1), 1-4-906,
and 1-4-907.
Verify signatures on nominating petitions and hear any protests of the
nominating petitions within five days after the petitions are filed, pursuant
to §§ 1-4-501(II,I-4 908(l)(3),and 1-4-909, C.R.S.
Establish order of names and questions for Jurisdictions portion of the ballot,
Page 3 of 10
951875
pursuant to §§ 1-5-406 and 1-5-407, C.R.S., and 8 C.C.R. 1505-1 §§ 5.4.2
and 5.4.3.
Certify ballot content, including a list of candidates, ballot title, and text, to
County Clerk at least 55 days prior to election, pursuant to § I -1-110(3) and
8 C.C.R. 1505-1 §§ 5.4.1 and 5.4.2.
k. Prepare for publication and timely provide to the County Clerk text of notices
or calls of election of candidates or of measures and advise County Clerk of
number and place of any publication required, if any, pursuant to 8 C.C.R.
1505-1 § 5.5 and the Jurisdiction's requirements.
Accept written comments for and against ballot issues pursuant to C.R.S. §§
1-7-901 and 1-40-125(2)(e). Comments to be accepted must be filed by the
end of the business day on the Friday before the 30th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to § 1-7-903, C.K.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 25 days prior to the -election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
m. Accept affidavits of intent to be write-in candidate up to 32 days ( the 30th
being a Sunday) prior to the election and provide a list of valid affidavits
Page 4 of 10
951875
received to the County Clerk pursuant to C.R.S. § 1-4-1102.
n. Prepare Article X, Section 20, Colorado Constitution notices and submit
them to the County Clerk at least 25 days prior to the election. Prepare text,
identify number and place for publication of measures, and/or notice of
election, if required, and advise County Clerk pursuant to C.R.S. § 1-40-124,
and 8 C.C.R. 1505-I § 5.6.1.
o. Pay the sum of $.25 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 7, 1995
election, with a $200 minimum, plus any additional costs pursuant to 8
C.C.R. 1505-1 § 5.4.2.2, within 30 days of billing, regardless of whether or
not the election is actually held. Notwithstanding the foregoing, for any
election which does not involve a ballot issue requiring Article X, Section 20
notices, Jurisdiction shall be liable for $.15 per registered elector eligible to
vote in the Jurisdiction's election as of the final date of registration prior to
the November 7, 1995 election, with a $200 minimum. In addition,
Jurisdiction shall also reimburse Clerk for payment of members of the Board
of Canvassers, eligible to he paid, the sum oI$15 per day pursuant to C.R.S.
1-10-201(4) when the Jurisdiction designates persons for the Board of
Canvassers.. 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.
Page 5 of 10
951875 '
P.
Designate an "election officer" who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
4. Duties of County Clerk
Agrees to perform the following tasks and activities where required by law:
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 pursuant to 8 C.C.R. 1505-1 §
5.2.
Circulate the Article X, Section 20, Ballot Issues notices pursuant to C.R.S.
§ 1-7-905 and 906(1) and provide for their publication as directed by the
Jurisdiction. Provide postcard or publication notice, if required under C.R.S.
§ 1-5-206, as directed by the Jurisdiction.
c. Provide absentee ballots, pursuant to § 1-7.5-108, C.R.S., and 8 C.C.R. 1505-
1 §§ 10.8 and 11, as appropriate.
Page 6 of 10
951875 '
d. Give notice to Jurisdiction of the number of registered electors -within the
Jurisdiction as of the effective date of cutoff for registration and bill
Jurisdiction at the rate of $.25 per registered elector, with a $200 minimum,
for the services pursuant to this Agreement.
e. Designate a "contact" to act as a primary liaison or contact between the
Jurisdiction and the County Clerk.
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. I f 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 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. Tile statutory time frames of the
Code shall apply to completion of the tasks required by this Agreement.
Page 7 of 10
951875
b. Conflict of Agreement with law
In the event that any provision in this Agreement conflicts with the Code or
any other statute or valid prior resolution duly adopted by the Jurisdiction,
this Agreement shall be modified to conform to such law or resolution, but
no subsequent resolution of the Jurisdiction nor of the County shall impair
the rights of the County Clerk or the Jurisdiction hereunder without the
consent of the other party to this Agreement.
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages, not as a penalty, refund all payments made, pursuant to
paragraph 3-o of this Agreement and shall, if requested by the Jurisdiction,
conduct the -next coordinated election which may include any election made
necessary by a defect in the election conducted pursuant to this Agreement
with no fee assessed to theJurisdiction. This remedy shall be the sole and
exclusive remedy for damages available to the Jurisdiction under this
Agreement.
No portion of this Agreement shall he deemed to create a cause of action with
Page 8 of 10
951.875
respect to anyone not a party to this Agreement, nor is this Agreement
intended to waive any privileges or immunities the parties, their officers, or
employees may possess, except as expressly provided in this Agreement.
e. This constitutes the entire agreement of the parties and no amendment may
be made except in writing approved by the parties.
f. Notice shall be given by Jurisdiction to the Clerk at phone: 353-3840
Extension 3100, fax number: 353-1964, address: P.O. Box 459, Greeley, CO
80632; and the Jurisdiction notice shall be given to the Jurisdiction at phone:
9'10-10 611-118/ , fax: 97(, - (pd& -
address: /O -?O MAUL/ sztct % to /N/JSt/2, 6. fbSS77
DATED this 3 b day of
COSI
Page 9 of 10
,1995.
951.875
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
J.A. "Suki" Tsukamoto
Dale K. Hall, Chairm
APPROVED AS TO FORM:
O94*/ys
ATTEST:
Clerk to the Board of County Corn
le
ounty Attorney Deputy Clerk Io the Board
440-0,741 g a_d die
Attorney for Jurisdiction
C:\APPS\OFFICE\WPWIN\WPDOCS\95ELECS.LDK
Jurisdiction
ATTEST:
951875
1995 School Version
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
Johnstown -Milliken RE -5J School District, hereinafter referred to as "Jurisdiction", does
hereby agree and contract with the Board of County Commissioners of the County of Weld,
hereinafter the "Commissioners" and the Weld County Clerk and Recorder, hereinafter referred to
as "County Clerk" concerning the administration of the November 7, 1995 coordinated polling place
election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"),
and the rules and regulations promulgated thereunder, 8 C.C.R. 1505-1. This Agreement is not
intended to address or modify statutory provisions regarding voter registration.
WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority
or to have certain items placed on the ballot at an election pursuant to its statutory authority, such
election to occur on November 7, 1995, and
WHEREAS, the County Clerk has chosen to conduct the November 7, 1995 election polling
place, and
WHEREAS, the Jurisdiction agrees to conduct an election coordinated by the County Clerk,
and
WHEREAS, the County Clerk as the "coordinated election official" pursuant to 8 C.C.R.
1505-1 §§ 5.1.4 and 5.2.1 has agreed to perform certain election services in consideration of
performance by the Jurisdiction of the obligations herein below set forth, and
951.875
performance by the Jurisdiction of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§ 1-7-116, 22-31-103, and 29-1-
203, et seq., C.R.S.
NOW, TI IEREFORE, in consideration of the mutual covenants herein, the parties agree as
follows:
1. The Jurisdiction encompasses territory within Weld and
Larimer County. Ibis Agreement shall be
construed to apply only to that portion of the Jurisdiction within Weld County.
2. Term of Agreement
a. This Agreement is intended only to deal with the conduct of the November
7, 1995 election.
3. The Jurisdiction agrees to perform the following tasks and activitieswhere required
by law:
a. Receive initiated petitions for local ballot issues where authorized by law,
pursuant to § 1-40-109(2), C.R.S.
Page 2 of 10
951875
Check signatures on initiated petitions and determine and issue, where
appropriate, a statement of sufficiency, pursuant to § 1-40-118(1), C.R.S
c. Defend against protests filed with the District Court, pursuant to § 1-40-118,
C.R.S.
d. Issue call for nominations for non-partisan elections, where applicable,
pursuant to § 1-5-204, C.R.S., and 8 C.C.R. 1505-1 § 5.5.1.
e. Provide approved candidate nominating petitions, purusuant to § 1-4-903
C.R.S. together with instructions to petition circulators.
Receive notice of intent to be candidate forms to be filed purusant to § 22-31-
107(2), C.R.S.
g. Accept for filing the petitions for nomination, affidavit of circulator and
acceptance of nomination by candidate pursuant to §§ 1-4-804(1), 1-4-906,
and 1-4-907.
h. Verify signatures on nominating petitions and hear any protests of the
nominating petitions within five days after the petitions are filed, pursuant
to §§ 1-4-501(1).1-4-908(1)(3), and 1-4-909, C.R.S.
Establish order of names and questions for Jurisdiction's portion of the ballot,
Page 3 of 10
951875
pursuant to §§ 1-5-406 and 1-5-407, C.R.S., and 8 C.C.R. 1505-1 §§ 5.4.2
and 5.4.3.
J•
Certify ballot content, including a list of candidates, ballot title, and text, to
County Clerk at least 55 days prior to election, pursuant to § 1-1-110(3) and
8 C.C.R. 1505-1 §§ 5.4.1 and 5.4.2.
k. Prepare for publication and timely provide to the County Clerk text of notices
or calls of election of candidates or of measures and advise County Clerk of
number and place of any publication required, if any, pursuant to 8 C.C.R.
1505-1 § 5.5 and the Jurisdictions requirements.
Accept written comments for and against ballot issues pursuant to C.R.S. §§
1-7-901 and 1-40-125(2)(e). Comments to be accepted must be filed by the
end of the business day on the Friday before the 30th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to § 1-7-903, C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 25 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
m. Accept affidavits of intent to be write-in candidate up to 32 days ( the 30th
being a Sunday) prior to the election and provide a list of valid affidavits
Page 4 of 10
951875 '
received to the County Clerk pursuant to C.R.S. § 1-4-1102.
n. Prepare Article X, Section 20, Colorado Constitution notices and submit
them to the County Clerk at least 25 days prior to the election. Prepare text,
identify number and place for publication of measures, and/or notice of
election, if required, and advise County Clerk pursuant to C.R.S. § 1-40-124,
and 8 C.C.R. 1505-I § 5.6.1.
o. Pay the sum of $.25 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 7, 1995
election, with a $200 minimum, plus any additional costs pursuant to 8
C.C.R. 1505-1 § 5.4.2.2, within 30 days of billing, regardless of whether or
not the election is actually held. Notwithstanding the foregoing, for any
election which does not involve a ballot issue requiring Article X, Section 20
notices, Jurisdiction shall be liable for $.15 per registered elector eligible to
vote in the Jurisdiction's election as of the final date of registration prior to
the November 7, 1995 election, with a $200 minimum. In addition,
Jurisdiction shall also reimburse Clerk for payment of members of the Board
of Canvassers, eligible to be paid, the sum of $15 per day pursuant to C.R.S.
1-10-201(4) when the Jurisdiction designates persons for the Board of
Canvassers.. 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.
Page 5 of 10
951.875
P. Designate an "election officer" who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
Duties of County Clerk
Agrees to perform the following tasks and activities where required by law:
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 pursuant to 8 C.C.R. 1505-1 §
5.2.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to C.R.S.
§ 1-7-905 and 906(1) and provide for their publication as directed by the
Jurisdiction. Provide postcard or publication notice, if required under C.R.S.
§ 1-5-206, as directed by the Jurisdiction.
c. Provide absentee ballots, pursuant to § 1-7.5-108, C.R.S., and 8 C.C.R. 1505-
1 §§ 10.8 and 11, as appropriate.
Page 6 of 10
951875
d. Give notice to Jurisdiction of the number of registered electors within the
Jurisdiction as of the effective date of cutoff for registration and bill
Jurisdiction at the rate of $.25 per registered elector, with a $200 minimum,
for the services pursuant to this Agreement.
e. Designate a "contact" to act as a primary liaison or contact between the
Jurisdiction and the County Clerk.
f. 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
sitthe-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.
Page 7 of 10
951875
b. Conflict of Agreement with law
In the event that any provision in this Agreement conflicts with the Code or
ally other statute or valid prior resolution duly adopted by the Jurisdiction,
this Agreement shall be modified to conform to such law or resolution, but
no subsequent resolution of the Jurisdiction nor of the County shall impair
the rights of the County Clerk or the Jurisdiction hereunder without the
consent of the other party to this Agreement.
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages, not as a penalty, refund all payments made, pursuant to
paragraph 3-0 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
Page 8 of 10
951.875
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.
C Notice shall be given by Jurisdiction to the Clerk at phone: 353-3840
Extension 3100, fax number: 353-1964, address: P.O. Box 459, Greeley, CO
80632; and the Jurisdiction notice shall be given to the Jurisdiction at phone:
970-587-2339
, fax: 970-587-2607
address: P.O Box G, Johnstown, CO St 80S344
DATED this 28th day of August
Page 9 of 10
, 1995.
951875
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
J.A. "Suki" Tsukamoto
C -
APPROVED AS TO FORM:
unty Attorney
Attorney for Jurisdiction
C:\APPS\0FFICE\WPWIN\WPD0CS\9SELECS.LDK
Dale K. Hall, Chairman
ATTEST:
097,04/95 -
Clerk to the Board of County Co
\Deputy Clerk to the Board
Jurisdiction
ATTEST:
951.875
1995 School Version
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
Platte Valley RE -7 School District, hereinafter referred to as "Jurisdiction", does hereby
agree and contract with the Board of County Commissioners of the County of Weld, hereinafter the
"Commissioners" and the Weld County Clerk and Recorder, hereinafter referred to as "County
Clerk" concerning the administration of the November 7, 1995 coordinated polling place election
conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the
rules and regulations promulgated thereunder, 8 C.C.R. 1505-1. This Agreement is not intended to
address or modify statutory provisions regarding voter registration.
WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority
or to have certain items placed on the ballot at an election pursuant to its statutory authority, such
election to occur on November 7, 1995, and
WHEREAS, the County Clerk has chosen to conduct the November 7, 1995 election polling
place, and
WHEREAS, the Jurisdiction agrees to conduct an election coordinated by the County Clerk,
and
WHEREAS, the County Clerk as the "coordinated election official" pursuant to 8 C.C.R.
1505-1 §§ 5.1.4 and 5.2.1 has agreed to perform certain election services in consideration of
performance by the Jurisdiction of the obligations herein below set forth, and
951.875
performance by the Jurisdiction of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§ 1-7-116, 22-31-103, and 29-1-
203, et seq., C.R.S.
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as
follows:
1. The Jurisdiction encompasses territory within Weld and
County. This Agreement shall be
construed to apply only to that portion of the Jurisdiction within Weld County.
2. Term of Agreement
a. This Agreement is intended only to deal with the conduct of the November
7, 1995 election.
3. The Jurisdiction agrees to perform the following tasks and activitieswhere required
by law:
a. Receive initiated petitions for local ballot issues where authorized by law,
pursuant to § 1-40-109(2), C.R.S.
Page 2 of 10
951875
b. Check signatures on initiated petitions and determine and issue, where
appropriate, a statement of sufficiency, pursuant to § 1-40-118(1), C.R.S
c. Defend against protests filed with the District Court, pursuant to § 1=40-118,
C.R.S.
d. Issue call for nominations for non-partisan elections, where applicable,
pursuant to § 1-5-204, C.R.S., and 8 C.C.R. 1505-1 § 5.5.1.
e. Provide approved candidate nominating petitions, purusuant to § 1-4-903
C.R.S. together with instructions to petition circulators.
Receive notice of intent to be candidate forms to be filed purusant to § 22-31-
107(2), C.R.S.
g.
Accept for filing the petitions for nomination, affidavit of circulator and
acceptance of nomination by candidate pursuant to §§ 1-4-804(1), 1-4-906,
and 1-4-907.
Verify signatures on nominating petitions and hear any protests of the
nominating petitions within five days after the petitions are filed, pursuant
to §§ 1-4-501(1), 1-4-908(1)(3), and 1-4-909, C.R.S.
Establish order of names and questions for Jurisdiction's portion of the ballot,
Page 3 of 10
951875
pursuant to §§ 1-5-406 and 1-5-407, C.R.S., and 8 C.C.R. 1505-1 §§ 5.4.2
and 5.4.3.
Certify ballot content, including a list of candidates, ballot title, and text, to
County Clerk at least 55 days prior to election, pursuant to § 1-1-110(3) and
8 C.C.K. 1505-1 §§ 5.4.1 and 5.4.2.
k. Prepare for publication and timely provide to the County Clerk text of notices
or calls of election of candidates or of measures and advise County Clerk of
number and place of publication required, if any, pursuant to 8 C.C.R.
1505-1 § 5.5 and the Jurisdiction's requirements.
Accept written comments for and against ballot issues pursuant to C.R.S. §§
1-7-901 and 1-40-125(2)(e). Comments to be accepted must be filed by the
end of the business day on the Friday before the 30th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to § 1-7-903, C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 25 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
m. Accept affidavits of intent to be write-in candidate up to 32 days ( the 30th
being a Sunday) prior to the election and provide a list of valid affidavits
Page 4 of 10
951875
received to the County Clerk pursuant to C.R.S. § 1-4-1102.
n. Prepare Article X, Section 20, Colorado Constitution notices and submit
them to the County Clerk at least 25 days prior to the election. Prepare text,
identify number and place for publication of measures, and/or notice of
election, if required, and advise County Clerk pursuant to C.R.S. § 1-40-124,
and 8 C.C.R. 1505-1 § 5.6.1.
o. Pay the sum of $.25 per registered elector eligible to vote in the Jurisdiction's
election -as of the final date of registration prior to the November 7, 1995
election, with a $200 minimum, plus any additional costs pursuant to 8
C.C.R. 1505-1 § 5.4.2.2, within 30 days of billing, regardless of whether or
not the election is actually held. Notwithstanding the foregoing, for any
election which does not involve a ballot issue requiring Article X, Section 20
notices, Jurisdiction shall be liable for$. 15 per registered elector eligible to
vote in the Jurisdiction's election as of the final date of registration prior to
the November 7, 1995 election, with a $200 minimum. In addition,
Jurisdiction shall also reimburse Clerk for payment of members of the Board
of Canvassers, eligible to be paid, the sum of $15 per day pursuant to C.R.S.
1-10-201(4) when the Jurisdiction designates persons for the Board of
Canvassers.. If the Jurisdiction cancels the election before its Section 20,
Article X notices arc 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.
Page 5 of 10
951.875
p.
Designate an "election officer" who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
4. Duties of County Clerk
Agrees to perform the following tasks and activities where required by law:
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 pursuant to 8 C.C.R. 1505-1 §
5.2.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to C.R.S.
§ 1-7-905 and 906(1) and provide for their publication as directed by the
Jurisdiction. Provide postcard or publication notice, if required under C.R.S.
§ 1-5-206, as directed by the Jurisdiction.
Provide absentee ballots, pursuant to § 1-7.5-108, C.R.S., and 8 C.C.R. 1505-
1 §§ 10.8 and 11, as appropriate.
Page 6 of 10
951.875
d. Give notice to Jurisdiction of the number of registered electors within the
Jurisdiction as of the effective date of cutoff for registration and bill
Jurisdiction at the rate of $.25 per registered elector, with a $200 minimum,
for the services pursuant to this Agreement.
e. Designate a "contact" to act as a primary liaison or contact between the
Jurisdiction and the County Clerk.
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. I f 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
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.
Page 7 of 10
951.875
b. Conflict of Agreement with law
In the event that any provision in this Agreement conflicts with the Code or
any other statute or valid prior resolution duly adopted by the Jurisdiction,
this Agreement shall be modified to conform to such law or resolution, but
no subsequent resolution of the Jurisdiction nor of the County shall impair
the rights of the County Clerk or the Jurisdiction hereunder without the
consent of the other party to this Agreement.
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages, not as a penalty, refund all payments made, pursuant to
paragraph 3-o of this Agreement and shall, if requested by the Jurisdiction,
conduct the next coordinated election which may include any election made
necessary by a defect in the election conducted pursuant to this Agreement
with no fee assessed to the Jurisdiction. This remedy shall be the sole and
exclusive remedy for damages available to the Jurisdiction under this
Agreement.
d. No portion of this Agreement shall be deemed to create a cause of action with
Page 8 of 10
951.875
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.
Notice shall be given by Jurisdiction to the Clerk at phone: 353-3840
Extension 3100, fax number: 353-1964, address: P.O. Box 459. Greeley, CO
80632; and the Jurisdiction notice shall be given to thee�5..±-2 / Jurisdiction at phone:
7,�-Z/77 , fax:— 767
address: P7,” fl /
DATED this 4/ day of f , 1995.
Page 9 of 10
951875
WELD COUNTY CLERIC & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
J.A. "Suki" Tsukamoto
APPROVED AS TO FORM:
ounty Attorney
Attorney for Jurisdiction
C:\APPS\OFFICE\WPWIN\WPDOCS\95ELECS.LDK
Dale K. Hall, Chairman
ATTEST:
09/040/95-
Clerk to the Board of County Con4fl st
_ ii A 112_1,.`.
Deputy Clerk to the Board
Juris
ATTEST:
951875
1995 School Version
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
Ft. Lupton RE -8 School District, hereinafter referred to as "Jurisdiction", does hereby agree
and contract with the Board of County Commissioners of the County of Weld, hereinafter the
"Commissioners" and the Weld County Clerk and Recorder, hereinafter referred to as "County
Clerk" concerning the administration of the November 7, 1995 coordinated polling place election
conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the
rules and regulations promulgated thereunder, 8 C.C.R. 1505-1. This Agreement is not intended to
address or modify statutory provisions regarding voter registration.
WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority
or to have certain items placed on the ballot at an election pursuant to its statutory authority, such
election to occur on November 7, 1995, and
WHEREAS, the County Clerk has chosen to conduct the November 7, 1995 election polling
place, and
WHEREAS, the Jurisdiction agrees to conduct an election coordinated by the County Clerk,
and
WHEREAS, the County Clerk as the "coordinated election official" pursuant to 8 C.C.R.
1505-1 §§ 5.1.4 and 5.2.1 has agreed to perform certain election services in consideration of
performance by the Jurisdiction of the obligations herein below set forth, and
951.875
performance by the Jurisdiction of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§ 1-7-116, 22-31-103, and 29-1-
203, et seq., C.R.S.
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as
follows:
•
1. The Jurisdiction encompasses territory within Weld and
County. This Agreement shall be
construed to apply only to that portion of the Jurisdiction within Weld County.
2. Term of Agreement
a. This Agreement is intended only to deal with the conduct of the November
7, 1995 election.
3. The Jurisdiction agrees to perform the following tasks and-activitieswhere required
by law:
a. Receive initiated petitions for local ballot issues where authorized by law,
pursuant to § 1-40-109(2). C.R.S.
Page 2 of 10
951875
b. Check signatures on initiated petitions and determine and issue, where
appropriate, a statement of sufficiency, pursuant to § 1-40-118(1), C.R.S
c. Defend against protests filed with the District Court, pursuant to § 1-40-118,
C.R.S.
d. Issue call for nominations for non-partisan elections, where applicable,
pursuant to § 1-5-204, C.R.S., and 8 C.C.R. 1505-1 § 5.5.1.
e. Provide approved candidate nominating petitions, purusuant to § 1-4-903
C.R.S. together with instructions to petition circulators.
f Receive notice of intent to be candidate forms to be filed purusant to § 22-31-
107(2), C.R.S.
g.
Accept for filing the petitions for nomination, affidavit of circulator and
acceptance of nomination by candidate pursuant to §§ 1-4-804(1), 1-4-906,
and 1-4-907.
h. Verify signatures on nominating petitions and hear any protests of the
nominating petitions within five days after the petitions are filed, pursuant
to §§ 1-4-501(1), 1-4-908(1)(3), and 1-4-909, C.R.S.
Establish order of names and questions for -Jurisdiction's portion of the ballot,
Page 3 of 10
951875
pursuant to §§ 1-5-406 and 1-5-407, C.R.S., and 8 C.C.R. 1505-1 §§ 5.4.2
and 5.4.3.
Certify ballot content, including a list of candidates, ballot title, and text, to
County Clerk at least 55 days prior to election, pursuant to § 1-1-110(3) and
8 C.C.R. 1505-1 §§ 5.4.1 and 5.4.2.
Prepare for publication and timely provide to the County Clerk text of notices
or calls of election of candidates or of measures and advise County Clerk of
number and place of any publication required, if any, pursuant to 8 C.C.R.
1505-1 § 5.5 -and the Jurisdiction's requirements.
1. Accept written comments for and against ballot issues pursuant to C.R.S. §§
1-7-901 and 1-40-125(2)(e). Comments to be accepted must be filed by the
end of the business day on the Friday before the 30th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to § 1-7-903, C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 25 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
-regarding the Jurisdiction's ballot issues.
m. Accept affidavits of intent to be write-in candidate up to 32 days ( the 30th
being a Sunday) prior to the election -and provide a list of valid affidavits
Page 4 of 10
951.875
received to the County Clerk pursuant to C.R.S. § 1-4-1102.
n. Prepare Article X, Section 20, Colorado Constitution notices and submit
them to the County Clerk at least 25 days prior to the election. Prepare text,
identify number and place for publication of measures, and/or notice of
election, if required, and advise County Clerk pursuant to C.R.S. § 1-40-124,
and 8 C.C.K. 1505-I § _5.6.l.
o. Pay the sum of $.25 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 7, 1995
election, with a $200 minimum, plus any additional costs pursuant to 8
C.C.K. 1505-1 § 5.4.2.2, within 30 days of billing, regardless of whether or
not the election is actually held. Notwithstanding the foregoing, for any
election which does not involve a ballot issue requiring Article X, Section 20
notices, Jurisdiction shall be liable for $.15 per registered elector eligible to
vote in the Jurisdiction's election as of the final date of registration prior to
the November 7, 1995 election, with a $200 minimum. In addition,
Jurisdiction shall also reimburse Clerk for payment of members of the Board
of Canvassers, eligible to be paid, the sum of $15 per day pursuant to C.R.S.
1-10-201(4) when the Jurisdiction designates persons for the Board of
Canvassers.. 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.
Page 5 of 10
951875
p
Designate an "election officer" who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
4. Duties of County Clerk
Agrees to perform the following tasks and activities where required by law:
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 pursuant to 8 C.C.R. 1505-1 §
5.2.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to C:R.S.
§ 1-7-905 and 906(1) and provide for their publication as directed by the
Jurisdiction. Provide postcard or publication notice, if required under C.R.S.
§ 1-5-206, as directed by the Jurisdiction.
c. Provide absentee ballots, pursuant to § 1-7.5-108, C.R.S., and 8 C.C.R. 1505-
1 §§ 10.8 and 11, as appropriate.
Page 6 of 10
951875
d. Give notice toJurisdiction of the number of registered electors within the
Jurisdiction as of the effective date of cutoff for registration and bill
Jurisdiction at the rate of $.25 per registered elector, with a $200 minimum,
for the services pursuant to this Agreement.
c. Designate a "contact" to act as a primary liaison or contact between the
Jurisdiction and the County Clerk.
f 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. I f 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.
Page 7 of 10
951.875
b. Conflict of Agreement with law
In the event that any provision in this Agreement conflicts with the Code or
any other statute or valid prior resolution duly adopted by the Jurisdiction,
this Agreement shall be modified to conform to such law or resolution, but
no subsequent resolution of the Jurisdiction nor of the County shall impair
the rights of the County- Clerk or the Jurisdiction hereunder without the
consent of the other party to this Agreement.
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages, not as a penalty, refund all payments made, pursuant to
paragraph 3-o of this Agreement and shall, if requested by the Jurisdiction.
conduct the next coordinated election which may include any election made
necessary by a defect in the election conducted pursuant to this Agreement
with no fee assessed to the Jurisdiction. This remedy shall be the sole and
exclusive remedy for damages available to the Jurisdiction under this
Agreement.
d. No portion of this Agreement shall be deemed to create a cause of action with
Page 8 of 10
951.875
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: 353-3840
Extension 3100, fax number: 353-1964, address: P.O. Box 459, Greeley, CO
80632; and the Jurisdiction notice shall be given to the Jurisdiction at phone:
303-857-6291 , fax: 303-857-6293
address: 301 Reynolds Street, Fort Lupton, CO 80621
DATED this 25th day of August , 1995.
Page 9 of 10
951.875
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
if
J.A. "Suki" Tsukamoto / Dale K. Hall, Chairman
APPROVED AS TO FORM:
ATTEST:
Clerk to the Board of County Come
YLLti2 ,
ounty Attorney Deputy Clerk to the Board
Attorney for Jurisdiction
C:\APPS\OFFICE\WPWIN\WPDOCS\95ELECS.LDK
Jurisdiction
ATTEST:
951.875
1995 School Version
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
$riggsdale RE -10J School District, hereinafter referred to as "Jurisdiction", does hereby
agree and contract with the Board of County Commissioners of the County of Weld, hereinafter the
"Commissioners" and the Weld County Clerk and Recorder, hereinafter referred to as "County
Clerk" concerning the administration of the November 7, 1995 coordinated polling place election
conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the
rules and regulations promulgated thereunder, 8 C.C.R. 1505-1. This Agreement is not intended to
address or modify statutory provisions regarding voter registration.
WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority
or to have certain items placed on the ballot at an election pursuant to its statutory authority, such
election to occur on November 7, 1995, and
WHEREAS, the County Clerk has chosentoconduct the November 7, 1995 election polling
place, and
WHEREAS, the Jurisdiction agrees to conduct an election coordinated by the County Clerk,
and
WHEREAS, the County Clerk as the ''coordinated election official" pursuant to 8 C.C.R.
1505-1 §§ 5.1.4 and 5.2.1 has agreed to perform certain election services in consideration of
performance by the Jurisdiction of the obligations herein below set forth, and
951875
performance by the Jurisdiction of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§ 1-7-116, 22-31-103, and 29-1-
203, et seq., C.R.S.
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as
follows:
1. The Jurisdiction encompasses territory within Weld and
PA O K4A zf County. This Agreement shall be
construed to apply only to that portion of the Jurisdiction within Weld County.
2. Term of Agreement
a. this Agreement is intended only to deal with the conduct of the November
7, 1995 election.
3. The Jurisdiction agrees to perform the following tasks and activitieswhere required
by law:
a. Receive initiated petitions for local ballot issues where authorized by law,
pursuant to _§ 1-40-109(2). C.R.S.
Page 2 of 10
951.875
b. Check signatures on initiated petitions and determine and issue, where
appropriate, a statement of sufficiency, pursuant to § 1-40-118(1), C.R.S
c. Defend against protests filed with the District Court, pursuant to § 1-40-118,
C.R.S.
Issue call for nominations for non-partisan elections, where applicable,
pursuant to § 1-5-204, C.R.S., and 8 C.C.R. 1505-1 § 5.5.1.
c. Provide approved candidate nominating petitions, purusuant to § 1-4-903
C.R.S. together with instructions to petition circulators.
Receive notice of intent to be candidate forms to be filed purusant to § 22-31-
107(2), C.R.S.
g. Accept for filing the petitions for nomination, affidavit of circulator and
acceptance of nomination by candidate pursuant to §§ 1-4-804(1), 1-4-906,
and 1-4-907.
h. Verify signatures on nominating petitions and hear any protests of the
nominating petitions within five days after the petitions are filed, pursuant
to §§ 1-4-501(1), 1-4-908(1)(3), and 1-4-909, C.K.S.
Establish order of names and questions for Jurisdiction's portion of the ballot,
Page 3 of 10
951875
pursuant to §§ 1-5-406 and 1-5-407, C.R.S., and 8 C.C.R. 1505-1 §§ 5.4.2
and 5.4.3.
J.
Certify ballot content, including a list of candidates, ballot title, and text, to
County Clerk at least 55 days prior to election, pursuant to § I -1-110(3) and
8 C.C.R. 1505-1 §§ 5.4.1 and 5.4.2.
k. Prepare for publication and timely provide to the County Clerk text of notices
or calls of election of candidates or of measures and advise County Clerk of
number and place of any publication required, if any, pursuant to 8 C.C.R.
1505-1 § 5.5 and the Jurisdiction's requirements.
Accept written comments for and against ballot issues pursuant to C.R.S. §§
1-7-901 and 1-40-125(2)(e). Comments to be accepted must be filed by the
end of the business day on the Friday before the 30th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to § 1-7-903, C.K.S. The
till text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 25 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
in. Accept affidavits of intent to be write-in candidate up to 32 days ( the 30th
being a Sunday) prior to the election and provide a list of valid affidavits
Page 4 of 10
951.875
received to the County Clerk pursuant to C.R.S. § 1-4-1 102.
n. Prepare Article X, Section 20, Colorado Constitution notices and submit
them to the County Clerk at least 25 days prior to the election. Prepare text,
identify number and place for publication of measures, and/or notice of
election, if required, and advise County Clerk pursuant to C.R.S. § 1-40-124,
and 8 C.C.R. 1505-1 § 5.6.1.
o. Pay the sum of $.25 per -registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 7, 1995
election, with a $200 minimum, plus any additional costs pursuant to 8
C.C.R. 1505-I § 5.4.2.2, within 30 days of billing, regardless of -whether or
not the election is actually held. Notwithstanding the foregoing, for any
election which does not involve a ballot issue requiring Article X, Section 20
notices, Jurisdiction shall be liable for -$.15 per registered -elector eligible to
vote in the Jurisdiction's election as of the final date of registration prior to
the November 7, 1995 election, with a $200 minimum. In addition,
Jurisdiction shall also reimburse Clerk for payment of members of the Board
of Canvassers, eligible to be paid, the sum of $15 per day pursuant to C.R.S.
1-10-201(4) when the Jurisdiction designates persons for the Board of
Canvassers.. 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.
Page 5 of 10
951.875
P.
Designate an "election officer" who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
4. Duties of County Clerk
Agrees to perform the following tasks and activities where required by law:
Except as otherwise expressly provided for in this Agreement, to act as the
designated election official for the conduct of the election for theJurisdiction
for_all matters in the Code which require action by the designated election
official and as coordinated election official pursuant to 8 C.C.R. 1505-1 §
5.2.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to C.R.S.
§ 1-7-905 and 906(1) and provide for their publication as directed by the
Jurisdiction. Provide postcard or publication notice, if required under C.R.S.
§ 1-5-206, as directed by the Jurisdiction.
c. Provide absentee ballots, pursuant to § 1-7.5-108, C.K.S., and 8 C.C.R. 1505-
1 §§ 10.8 and 11, as appropriate.
Page 6 of 10
951875
d. Give notice to Jurisdiction of the number of registered electors within the
Jurisdiction as of the effective date of cutoff for registration and bill
Jurisdiction at the rate of $.25 per registered elector, with a $200 minimum,
for the services pursuant to this Agreement.
Designate a "contact" to act as a primary liaison or contact between the
Jurisdiction and the County Clerk.
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. I f 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.
Page 7 of 10
951,875
b. Conflict of Agreement with law
In the event that any provision in this Agreement conflicts with the Code or
any other statute or valid prior resolution duly adopted by the Jurisdiction,
this Agreement shall be modified to conform to such law or resolution, but
no subsequent resolution of the Jurisdiction nor of the County shall impair
the rights of the County Clerk or the Jurisdiction hereunder without the
consent of the other party to this Agreement.
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages, not as a penalty, refund all payments made, pursuant to
paragraph 3-o of this Agreement and shall, if requested by the Jurisdiction,
conduct the next coordinated election which may include any election made
necessary by a defect in the election conducted pursuant to this Agreement
with no tee assessed to the Jurisdiction. This remedy shall be the sole and
exclusive remedy for damages available to the Jurisdiction under this
Agreement.
No portion of this Agreement shall be deemed to create a cause of action with
Page 8 of 10
951.875
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: 353-3840
Extension 3100, fax number: 353-1964, address: P.O. Box 459, Greeley, CO
80632; and the Jurisdiction notice shall be given to the Jurisdiction at phone:
6 5-4. 3411_, fax: 65(Q 34'1`x'
address: '//S L.jSL/>; 'I'Rly4s11941->.- Co go6It
DATED this /es day of ,4k,feisr , 1995.
Page 9 of 10
951875
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
I(
J.A. "Suki" Tsukamoto
APPROVED AS TO FORM:
Dale K. Hall, Chairman
094/96.
Clerk to the Board of County Co
ounty Attorney '— Deputy Clerk o the Board
Attorney for Jurisdiction
C:\APPS\OFFICE\WPWIN\WPDOCS\95ELECS.LDK
Jurisdiction
ATTEST:
951875
1995 School Version
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
Prairie RE -11J School District hereinafter referred to as "Jurisdiction", does hereby agree
and contract with the Board of County Commissioners of the County of Weld, hereinafter the
"Commissioners" and the Weld County Clerk and Recorder, hereinafter referred to as "County
Clerk" concerning the administration of the November 7, 1995 coordinated polling place election
conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the
rules and regulations promulgated thereunder, 8 C.C.R. 1505-1. This Agreement is not intended to
address or modify statutory provisions regarding voter registration.
WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority
or to have certain items placed on the ballot at an election pursuant to its statutory authority, such
election to occur on November 7, 1995, and
WHEREAS, the County Clerk has chosen to conduct the November 7, 1995 election polling
place, and
WHEREAS, the Jurisdiction agrees to conduct an election coordinated by the County Clerk,
and
WHEREAS, the County Clerk as the "coordinated election official" pursuant to 8 C.C.R.
1505-1 §§ 5.1.4 and 5.2.1 has agreed to perform certain election services in consideration of
performance by the Jurisdiction of the obligations herein below set forth, and
951875
performance by the Jurisdiction of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§ 1-7-116, 22-31-103, and 29-1-
203, et seq., C.R.S.
NOW, TI IEREEORE, in consideration of the mutual covenants herein, the parties agree as
follows:
I. The Jurisdiction encompasses territory within Weld and
Logan County. This Agreement shall be
construed to apply only to that portion of the Jurisdiction within Weld County.
2. Term of Agreement
a. This Agreement is intended only to deal with the conduct of the November
7, 1995 election.
3. The Jurisdiction agrees to perform the following tasks and activitieswhere required
by law:
a. Receive initiated petitions for local ballot issues where authorized by law,
pursuant to § 1-40-109(2), C.R.S.
Page 2 of 10
951.875
Check signatures on initiated petitions and determine and issue, where
appropriate, a statement of sufficiency, pursuant to § 1-40-118(1), C.R.S
c. Defend against protests tiled with the District Court, pursuant to § 1-40-118,
C.R.S.
d. Issue call for nominations for non-partisan elections, where applicable,
pursuant to § 1-5-204, C.R.S., and 8 C.C.R. 1505-I § 5.5.1.
e. Provide approved candidate nominating petitions, purusuant to § 1-4-903
C.R.S. together with instructions to petition circulators.
Receive notice of intent to be candidate forms to be filed purusant to § 22-31-
107(2), C.R.S.
g. Accept for filing the petitions for nomination, affidavit of circulator -and
acceptance of nomination by candidate pursuant to §§ 1-4-804(1), 1-4-906,
and 1-4-907.
h. Verify signatures on nominating petitions and hear any protests of the
nominating petitions within five days after the petitions are filed, pursuant
to §§ 1-4-501(1),I-4-908(1)(3), and 1-4-909, C.R.S.
Establish order of names and questions for Jurisdiction's portion of the ballot,
Page 3 of 10
951.875
pursuant to §§ 1-5-406 and 1-5-407, C.R.S., and 8 C.C:R. 1505-1 §§ 5.4.2
and 5.4.3.
Certify ballot content, including a list of candidates, ballot title, and text, to
County Clerk at least 55 days prior to election, pursuant to § 1-1-110(3) and
8 C.C.R. 1505-1 §§ 5.4.1 and 5.4.2.
k. Prepare for publication and timely provide to the County Clerk text of notices
or calls of election of candidates or of measures and advise County Clerk of
number and place of any publication required, if any, pursuant to 8 C.C.R.
1505-1 -§ 5.5 and the Jurisdiction's requirements.
Accept written comments for -and against ballot issues pursuant to C.R.S. §§
1-7-901 and l -40-125(2)(e). Comments tobe accepted must be filed by the
end of the business day on the Friday before the 30th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to § 1-7-903, C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 25 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
in. Accept affidavits of intent to be write-in candidate up to 32 days ( the 30th
being a Sunday) prior to the election and provide a list of valid affidavits
Page 4 of 10
951875
received to the County Clerk pursuant to C.R.S. § 1-4-1102.
n. Prepare Article X, Section 20, Colorado Constitution notices and submit
them to the County Clerk at least 25 days prior to the election. Prepare text,
identify number and place for publication of measures, and/or notice of
election, if required, and advise County Clerk pursuant to C.R.S. § 1-40-124,
and 8 C.C.R. 1505-1 § 5.6.1.
o. Pay the sum of $.25 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 7, 1995
election, with a $200 minimum, plus any .additional costs pursuant to -8
C.C.R. 1505-1 § 5.4.2.2, within 30 days ofbilling, regardless of whether or
not the election is actually held. Notwithstanding the foregoing, for any
election which does not involve a ballot issue requiring Article X, Section 20
notices, Jurisdiction shall -be liable for $.15 per registered elector eligible to
vote in the Jurisdiction's election as of the final date of registration prior to
the November 7, 1995 election, with a $200 minimum. In addition,
Jurisdiction shall also reimburse Clerk for payment of members of the Board
of Canvassers, eligible to be paid, the sum of $15 per day pursuant to C.R.S.
1-10-201(4) when the Jurisdiction designates persons for the Board of
Canvassers.. If the Jurisdiction cancels the election before its Section 20,
Article X notices are due to the County and prior to the County Clerk -
incurring any expenses for the printing of the ballots, the Jurisdiction shall
not be obligated for any expenses.
Page 5 of 10
951.8%$
P.
Designate an "election officer" who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
4. Duties of County Clerk
Agrees to perform the following tasks and activities where required by law:
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 pursuant to 8 C.C.R. 1505-1 §
5.2.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to C.R.S.
§ 1-7-905 and 906(1) and provide for their publication as directed by the
Jurisdiction. Provide postcard_ or publication notice, if required under C.R.S.
§ 1-5-206, as directed by the Jurisdiction.
c. Provide absentee ballots, pursuant to § 1-7.5-108, C.R.S., and 8 C.C.R. 1505-
I §§ 10.8 and 11, as appropriate.
Page 6 of 10
951875
d. Give notice to Jurisdiction of the number of registered electors within the
Jurisdiction as of the effective date of cutoff for registration and bill
Jurisdiction at the rate of $.25 per registered elector, with a $200 minimum,
for the services pursuant to this Agreement.
e. Designate a "contact" to act as a primary liaison or contact between the
Jurisdiction and the County Clerk.
f 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.
Page 7 of 10
951875
b. Conflict of Agreement with law
In the event that any provision in this Agreement conflicts with the Code or
ally other statute or valid prior resolution duly adopted by the Jurisdiction,
this Agreement shall be modified to conform to such law or resolution, but
no subsequent resolution of the Jurisdiction nor of the County shall impair
the rights of the County Clerk or the Jurisdiction hereunder without the
consent of the other party to this Agreement.
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages, not as a penalty, refund all payments made, pursuant to
paragraph 3-o of this Agreement and shall, if requested by the Jurisdiction,
conduct the next coordinated election which may include any election made
necessary by a defect in the election conducted pursuant to this Agreement
with no fee assessed to the Jurisdiction. This remedy shall be the sole and
exclusive remedy for damages available to the Jurisdiction under this
Agreement.
d. No portion of this Agreement shall be deemed to create a cause of action with
Page 8 of 10
951875
respect to anyone not a party to this Agreement, nor is this Agreement
intended to waive any privileges or immunities the parties, their officers, or
employees may possess, except as expressly provided in this Agreement.
e. this constitutes the -entire agreement of the parties and no amendment may
be made except in writing approved by the parties.
f. Notice shall be given by Jurisdiction to the Clerk at phone: 353-3840
Extension 3100 fax number: 353-1964, address: P.O. Box 459, Greeley, CO
80632; and the Jurisdiction notice shall be given to the Jurisdiction at phone:
437-5386
, fax: 437-5732
address: P.O. Box 68, New-Raymer, CO 80742
DATED this 25th day of August
Page 9 of 10
, 1995.
951.875
WELD COUNTY CLERK & RECORDER
J.A. "Suki" Tsukamoto Dale K. Hall, Chairman
APPROVED AS TO FORM:
County Attorney
Attorney for Jurisdiction
C:\APPS\OFFICE\WPWIN\WPDOCS\95ELECS.LDK
ATTEST:
Clerk to the Board of County Co
L
Deputy Clerk to the Board
Prairie Sc3m1 District t@1c3 RF,-11J
Jurisdiction
ATTEST:
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
951.875
1995 School Version
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
Pawnee RE -12 School District, hereinafter referred to as "Jurisdiction", does hereby agree
and contract with the Board of County Commissioners of the County of Weld, hereinafter the
"Commissioners" and the Weld County Clerk and Recorder, hereinafter referred to as "County
Clerk" concerning the administration of the November 7, 1995 coordinated polling place election
conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the
rules and regulations promulgated thereunder, 8 C.C.R. 1505-1. This Agreement is not intended to
address or modify statutory provisions regarding voter registration.
WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority
or to have certain items placed on the ballot at an election pursuant to its statutory authority, such
election to occur on November 7, 1995, and
WHEREAS, the County Clerk has chosen to conduct the November 7, 1995 election polling
place, and
WHEREAS, the Jurisdiction agrees to conduct an election coordinated by the County Clerk,
and
WHEREAS, the County Clerk as the "coordinated election official" pursuant to 8 C.C.R.
1505-1 §§ 5.1.4 and 5.2.1 has agreed to perform certain election services in consideration of
performance by the Jurisdiction of the obligations herein below set forth, and
951.875
performance by the Jurisdiction of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§ 1-7-116, 22-31-103, and 29-1-
203, et seq., C.R.S.
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as
follows:
1. The Jurisdiction encompasses territory within Weld and
County. This Agreement shall be
construed to apply only to that portion of the Jurisdiction within Weld County.
2. Term of Agreement
a. This Agreement is intended only to deal with the conduct of the November
7, 1995 election.
3. The Jurisdiction agrees to perform the following tasks and activitieswhere required
by law:
a. Receive initiated petitions for local ballot issues where authorized by law,
pursuant to § 1-40-109(2). C.R.S.
Page 2 of 10
951.875
b. Check signatures on initiated petitions and determine and issue, where
appropriate, a statement of sufficiency, pursuant to § 1-40-118(1), C.R.S
c. Defend against protests filed with the District Court, pursuant to § 1-40-118,
C.R.S.
d. Issue call for nominations for non-partisan elections, where applicable,
pursuant to § 1-5-204, C.R.S., and 8 C.C.R. 1505-1 § 5.5.1.
e. Provide approved candidate nominating petitions, purusuant to § 1-4-903
C.R.S. together with instructions to petition circulators.
f Receive notice of intent to be candidate forms to be filed purusant to § 22-31-
107(2), C.R.S.
g.
Accept for filing the petitions for nomination, affidavit of circulator and
acceptance of nomination by candidate pursuant to §§ 1-4-804(1), 1-4-906,
and 1-4-907.
h. Verify signatures on nominating petitions and hear any protests of the
nominating petitions within five days after the petitions are filed, pursuant
to §§ 1-4-501(1). 1-4-908(1)(3), and 1-4-909, C.R.S.
Establish order of names and questions for Jurisdiction's portion of the ballot,
Page 3 of 10
951.875
pursuant to §§ 1-5-406 and 1-5-407, C.R.S., and 8 C.C.R. 1505-1 §§ 5.4.2
and 5.4.3.
Certify ballot content, including a list of candidates, ballot title, and text, to
County Clerk at least 55 days prior to election, pursuant to § 1-1-110(3) and
8 C.C.R. 1505-1 §§ 5.4.1 and 5.4.2.
k. Prepare for publication and timely provide to the County Clerk text of notices
or calls of election of candidates or of measures and advise County Clerk of
number and place of any publication required, if any, pursuant to 8 C.C.R.
1505-1 § 5.5 and the Jurisdiction's requirements.
Accept written comments for and against ballot issues pursuant to C.R.S. §§
1-7-901 and 1-40-125(2)(e). Comments to be accepted must be filed by the
end of the business day on the Friday before the 30th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to § 1-7-903, C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 25 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
in. Accept affidavits of intent to be write-in candidate up to 32 days ( the 30th
being a Sunday) prior to the election and provide a list of valid affidavits
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received to the County Clerk pursuant to C.R.S.§ 1-4-1102.
n. Prepare Article X, Section 20, Colorado Constitution notices and submit
them to the County Clerk at least 25 days prior to the election. Prepare text,
identify number and place for publication of measures, and/or notice of
election, if required, and advise County Clerk pursuant to C.R.S. § 1-40-124,
and 8 C.C.R. 1505-1 § 5.6.1.
o. Pay the sum of $.25 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 7, 1995
election, with a $200 minimum, plus any additional costs pursuant to 8
C.C.K. 1505-I § 5.4.2.2, within 30 days of billing, regardless of whether or
not the election is actually held. Notwithstanding the foregoing, for any
election which does not involve a ballot issue requiring Article X, Section 20
notices, Jurisdiction shall be liable for $.15 per registered elector eligible to
vote in the Jurisdiction's election as of the final date of registration prior to
the November 7, 1995 election, with a $200 minimum. In addition,
Jurisdiction shall also reimburse Clerk for payment of members of the Board
of Canvassers, eligible to be paid, the sum of $15 per day pursuant to C.R.S.
1-10-201(4) when the Jurisdiction designates persons for the Board of
Canvassers.. 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.
Page 5 of 10
,95147-5
p.
Designate an "election officer" who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
4. Duties of County Clerk
Agrees to perform the following tasks and activities where required by law:
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 pursuant to 8 C.C.K. 1505-1 §
5.2.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to C.K.S.
§ 1-7-905 and 906(1) and provide for their publication as directed by the
Jurisdiction. Provide postcard or publication notice, if required under C.R.S.
§ 1-5-206, as directed by the Jurisdiction.
c. Provide absentee ballots, pursuant to § 1-7.5-108, C.K.S., and 8 C.C.R. 1505-
1 §§ 10.8 and I I, as appropriate.
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d. Give notice to Jurisdiction of the number of registered electors within the
Jurisdiction as of the effective date of cutoff for registration and bill
Jurisdiction at the rate of $.25 per registered elector, with a $200 minimum,
for the services pursuant to this Agreement.
Designate a "contact" to act as a primary liaison or contact between the
Jurisdiction and the County Clerk.
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. I f 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.
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b. Conflict of Agreement with law
In the event that any provision in this Agreement conflicts with the Code or
any other statute or valid prior resolution duly adopted by the Jurisdiction,
this Agreement shall be modified to conform to such law or resolution, but
no subsequent resolution of the Jurisdiction nor of the County shall impair
the rights of the County Clerk or the Jurisdiction hereunder without the
consent of the other party to this Agreement.
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages, not as a penalty, refund all payments made, pursuant to
paragraph 3-o of this Agreement and shall, if requested by the Jurisdiction,
conduct the next coordinated election which may include any election made
necessary by a defect in the election conducted pursuant to this Agreement
with no lee 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
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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.
C Notice shall be given by Jurisdiction to the Clerk at phone: 353-3840
Extension 3100 fax number: 353-1964, address: P.O. Box 459, Greeley, CO
80632; and the Jurisdiction notice shall be given to the Jurisdiction at phone:
970-895-2222 , fax: 970-895-72711
address: P. 0. Box 220, Grover, CO B0729
DATED this
17th day of
August ,1995.
Page 9 of 10
951.875
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
tt n
J.A. "Suki" Tsukamoto Dale K. Hall, Chairman
APPROVED AS TO FORM:
ATTEST:
09/a€9/95
Clerk to the Board of County Col s
i
Comity Attorney Deputy Clerk
o the Board
Pawnee School District Re -12
Jurisdiction
ATTEST:
Douglas K. Roe
Attorney for Jurisdiction
C:\APPS\OFFICE\WPWIN\WPDOCS\95ELECS.LDK
951875
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