HomeMy WebLinkAbout952135.tiff1995 School Version
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
Ault -Highland RE -9 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
52 135
Ca0I
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 „Luker
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
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
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.K.
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
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 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
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
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.
c. 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
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
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 the Jurisdiction at phone:
, fax: g.3ri"1,3'7
address: AC 9 £ i//�T ��7 ___/1/77±,& 8o6/0
DATED this /6/4- day of 16 ".(,)/— —.�, 1995.
Page 9 of 10
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
ti
J.A. "Suki" Tsukamoto Dale K. Hall, Chairman
APPROVED AS TO FORM:
Attorney for. Jurisdiction
C:\APPS\OFFICE\WPWIN\WPDOCS\95ELECS.LDK
ATTEST:
Clerk to the Board of County Con*Iiiisse
Deputy Cler1-?o the Board
ATTEST:
1995 School Version
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
Thompson R -2J School District, hereinafter referred to as "Jurisdiction", does hereby agree
and contract with the Board of County Conunissioners 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
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
1-.cr r i vh e r 9 a u /c/c'
construed to apply only to that portion of the Jurisdiction within Weld County.
Term of Agreement
a. This Agreement is intended only to deal with the conduct of the November
7, 1995 election.
CLA
Count/. This Agreement shall be
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
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.K.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.
C Receive notice of intent to be candidate forms to be filed purusant to § 22-31-
107(2), C.R.S.
g.
Accept for Wing 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, CR.S.
Establish order of names and questions for Jurisdiction's portion of the ballot,
Page 3 of 10
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.CR.
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
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,
identifynumberand 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 he 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
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-
I §§ 10.8 and 11, as appropriate.
Page 6 of 10
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 he 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
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.
No portion of this Agreement shall be deemed to create a cause of action with
Page 8 of 10
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.
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 he given to the Jurisdiction at phone:
97d GG 9 `/Y0
address: S 3S ou lu S /qve Lvve✓anr✓r_1'OS37
fax: 97) - Colo 7-,2/ V/
DATED this ? day of , 1995.
�'
Page 9 of 10
SEP- 1-95 FRI 17:37 CAPLAN AND EARNEST rAX \C. 333440399(
AUG-31-1995 16:13 FRGM THOMPS0N SCHOOL DISTRICT TO 13034403967 P.02
WELD COUNTY CLERK & RECORDER
v
I.A. "Se Tsukamoto
APPROVED AS TO FORM:
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
Dalc IC Hall, Chairman
ATTEST:
Cleric to the Board of County Co
009/a 1qc
Attorney Deputy Clerk A thdS6ard
Attorney for Juris[RCtton q -t —QC
C:\APPS\OFFICE\WPIMAWDDOC4\558LBCS.LDR
.8�...1�. ... 10-��
Jurisdiefion G gei-g-La
ATTEST;
1995 School Version
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
Weld Re -1 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
performance by the Jurisdiction of the obligations herein below set forth, and
WIIEREAS, 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
N/A 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
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.
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.
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
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
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 he 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.. IC 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
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
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.
C 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 clays 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. Conllict 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
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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.
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) 737-2403 , fax:
address: P.O. Box 157. 10
DATED this 16th day of August
(970)737-7516
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Gilcrest. CO. 80623
, 1995.
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
.A. "Suki" Tsukamoto
APPROVED AS TO FORM:
County Attorney
Attorney for Jurisdiction
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Dale K. I-Iall, Chairm
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