HomeMy WebLinkAbout992299.tiff TT "A" WELD CO. CLK & REC
EXHIB1999 AUG 30 AM 9: 25
1999 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 2, 1999 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 2, 1999, and
WHEREAS,the Jurisdiction agrees to conduct a coordinated election with the County Clerk
acting as the coordinated election official, and
WHEREAS,the County Clerk is the "coordinated election official"pursuant to C.R.S. § 1-7-
116(2)and is to perform certain election services in consideration of performance by the Jurisdiction
of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30-
104(2), 22-31-103, and 29-1-203, et seq., C.R.S.
NOW,THEREFORE,in consideration of the mutual covenants herein, the parties agree as
follows:
1. The Jurisdiction encompasses territory within Weld County and
County(ies). This Agreement shall be
construed to apply only to that portion of the Jurisdiction within Weld County.
2. Term of Agreement: This Agreement is intended only to deal with the conduct of the
November 2, 1999 election.
3. The Jurisdiction agrees to perform the following tasks and activities:
a. Conduct all procedures required of the clerk for initiatives, referenda, and
referred measures under the provisions ofC.R.S. § § 31-11-101 through 117
992299
C&
LL : L °p 1(o to
and 22-30-104(4).
b. To do all tasks required by law of designated election officials concerning
nomination of candidates by petition, including, but not limited to: issue
approval as to form, where appropriate, of nominating petition; determine
candidate eligibility, receive candidate acceptance of nominations; accept
notice of intent,petitions for nomination,and affidavits of circulators; verify
signatures on nominating petitions; and hear any protests of the nominating
petitions, as said tasks are set forth in any applicable provisions of Title 1.
Article IV, Parts 8 and 9, § 1-4-501(1), § 22-31-107, C.R.S., and those
portions of the Colorado Municipal Election Code of 1965,Article X of Title
31 as adopted by reference pursuant to § 1-4-805, C.R.S.
c. Establish order of names and questions pursuant to § 1-5-406 for
Jurisdiction's portion of the ballot and submit to the County Clerk in final
form. The ballot content,including a list of candidates, ballot title, and text,
must be certified to the County Clerk no later than 55 days before the
election, pursuant to §§ 1-1-110(3) and 1-5-203(3), C.R.S.
d. Publish and post notices of election pursuant to § 1-5-205, C.R.S., and
include the information regarding the walk-in location address for application
or return of absentee ballots as set forth in paragraph 4.c of this Agreement.
e. Accept written comments for and against ballot issues pursuant to C.R.S. §§
1-7-901 and 1-40-125(2)(e). Comments to be accepted must be filed by the
end of the business day on the Friday before the 45th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to § 1-7-903,C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 42 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
f. Accept affidavits of intent to accept write-in candidacy up until close of
business on August 30, 1999 and provide a list of valid affidavits received to
the County Clerk pursuant to C.R.S. §§ 1-4-1101 and 1102.
g. Publish or post within the jurisdiction any notices or ballots if required in
addition to County publications set forth in¶ 4.b herein which notice may
incorporate the County Clerk's notice pursuant to C.R.S. 1-5-205 (1.2).
h. Pay the sum of$.50 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 2, 1999
Page 2 of 6
(h
election, with a $200 minimum, within 30 days of billing, regardless of
whether or not the election is actually held. Notwithstanding the foregoing,
for any election which does not involve a ballot issue requiring Article X,
Section 20 notices,Jurisdiction shall be liable for $.30 per registered elector
eligible to vote in the Jurisdiction's election as of the final date of registration
prior to the November 2, 1999 election, with a $200 minimum, plus any
additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. In addition,
Jurisdiction shall also reimburse Clerk for payment of members of the Board
of Canvassers,eligible to be paid,the sum of$15 per day pursuant to C.R.S.
1-10-201(4) when the Jurisdiction designates persons for the Board of
Canvassers pursuant to¶4(g) of this Agreement. If the Jurisdiction cancels
the election before its Section 20,Article X notices are due to the County and
prior to the County Clerk incurring any expenses for the printing of the
ballots, the Jurisdiction shall not be obligated for any expenses. The
Jurisdiction shall also be responsible for costs of recounts pursuant to C.R.S.
§ § 1-10-309, 1-10-303 or 1-11-215 unless otherwise provided pursuant to §
§ 1-10-304 and 304.5.
Designate an "election officer" who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
j. By approval of this Agreement, any municipality is resolving not to use the
provisions of the Municipal Election Code, except as otherwise set forth
herein or as its use is specifically authorized by the Code.
k. Mail notices pursuant to § 1-7-906(2) for active registered electors who do
not reside within the County or counties where the political subdivision is
located.
1. Carry out all actions necessary for cancellation of an election including
notice pursuant to C.R.S. § 1-5-208 and pay any costs incurred by
the County Clerk within 30 days of receipt of an invoice setting forth the costs
of the canceled election pursuant to C.R.S. 1-5-208(5).
4. Duties of County Clerk
Agrees to perform the following tasks and activities:
a. Except as otherwise expressly provided for in this Agreement, to act as the
designated election official for the conduct of the election for the Jurisdiction
Page 3 of 6
for all matters in the Code which require action by the designated election
official and as coordinated election official.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to C.R.S.
§ 1-7-905 and 906(1)and publish and post notice,as directed in C.R.S. § 1-5-
205. Publication by the County Clerk will only be in the County legal
newspaper and the Greeley Tribune and the designated election official is
responsible for any additional notices pursuant to¶ 3g herein .
c. Provide a place for early voting and application for and issuance of absentee
ballots at 1402 N. 17th Avenue,Greeley,Colorado,at the office of the Weld
County Clerk and Recorder. Early voting shall take place during the hours
of 8:30 a.m. - 4:30 p.m., Monday - Friday starting October 18, 1999 and
ending October 29, 1999.
d. Give notice to Jurisdiction of the number of registered electors within the
Jurisdiction as of the effective date of cutoff for registration, identify the
members of the Board of Canvassers eligible for receiving a fee, and bill the
Jurisdiction.
e. Designate a "contact" to act as a primary liaison or contact between the
Jurisdiction and the County Clerk.
f. The County Clerk shall appoint and train election judges and this power shall
be delegated by the Jurisdiction to the County Clerk, to the extent required
or allowed by law.
g. Select and Appoint a Board of Canvassers to canvass the votes;provided that
the Jurisdiction, at its option, may designate one of its members and one
eligible elector from the jurisdiction to assist the County Clerk in the survey
of the returns for that jurisdiction. If the Jurisdiction desires to appoint one
of its members and an eligible elector to assist, it shall make those
appointments, and shall notify the County Clerk in writing of those
appointments not later than 15 days prior to the election. The County Clerk
shall receive and canvass all votes,and shall certify the results in the time and
manner provided and required by the Code. All recounts required by the
Code shall be conducted by the County Clerk in the time and manner
required by the Code.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the
Page 4 of 6
(Q1
Code shall apply to completion of the tasks required by this Agreement.
b. Conflict of Agreement with law
This Agreement shall be interpreted to consistent with the Code, and
provisions of Title 31 and 22 applicable to the conduct of elections and 8
C.C.R. 1505-1. . Should there be irreconcilable conflicts between the
statutes,this agreement and the Colorado Regulations, the statutes shall first
prevail, then this agreement and lastly the Colorado Regulations.
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdictionwas void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages,not as a penalty, refund all payments made. pursuant to
¶ 3 h of this Agreement and shall, if requested by the Jurisdiction, conduct
the next coordinated election which may include any election made necessary
by a defect in the election conducted pursuant to this Agreement with no fee
assessed to the Jurisdiction. This remedy shall be the sole and exclusive
remedy for damages available to the Jurisdiction under this Agreement.
d. No portion of this Agreement shall be deemed to create a cause of action with
respect to anyone not a party to this Agreement, nor is this Agreement
intended to waive any privileges or immunities the parties, their officers, or
employees may possess, except as expressly provided in this Agreement.
e. This constitutes the entire agreement of the parties and no amendment may
be made except in writing approved by the parties.
f. Notice shall be given by Jurisdiction to the Clerk at phone: (970)353-3840
Extension 3100, fax number: (970)353-1964, address: P.O. Box 459
Greeley, CO 80632; and the Jurisdiction notice shall be given to the
Jurisdiction at phone: fax:
address:
Page 5 of 6
lD�
DATED this 8th day of September , 1999.
WELD COUNTY CLERK& RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WE D
11 f //
J.A. " uki" Tsukamo o M arbara S. Kirkm yer, Ch r Protem
(09/08/99)
lime
CIA 1��
APPROVED AS TO CORM: ATTEST:/
.ev
Clerk to the Board of Co�� ' r �" .'%•'"��
4L:i
ty a orney Deputy Clerk to the BoarcI%CU
(Jurisdiction)
(Title)
APPROVED AS TO FORM
ATTEST:
(Title)
Attorney for Jurisdiction
M:\KSEILER\99COORDI\99ELECM.LDM Page 6 of 6
Vt‘
MEMORANDUM OF INTERGOVERNMENTAL AGREEMENT
FOR CONDUCT OF COORDINATED ELECTIONS
1999 Master Agreement
Signature Page following page 6 of 6
CITY OF GREELEY, COLORADO
by
La ern C. Nelson, Mayor
ATTEST:
Betsy D./Holder, City Clerk
APPROVED TO S BSTAN E.
j.
Leonard A. Wiest, City anager
•
APPROVED AS TO LEGAL FORM:
Richard P. Brady, City Attorney
APPROVED AS TO AVAILABILITY OF FUNDS:
•
Tim Nash, Direcfe f Finance
WELD CO. CLK & REC
1999 AUG 20 A11 ID 54
1999 Master
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
referred to as "Commissioners", and the Weld County Clerk and Recorder, hereinafter referred to
as "County Clerk", concerning the administration of the November 2, 1999 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 2, 1999, and
WHEREAS,the Jurisdiction agrees to conduct a coordinated election with the County Clerk
acting as the coordinated election official, and
WHEREAS,the County Clerk is the"coordinated election official"pursuant to C.R.S. & 1-7-
116(2)and is to perform certain election services in considerationof performance by the Jurisdiction
of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30-
104(2), 22-31-103, and 29-1-203, et seq., C.R.S.
NOW,THEREFORE,in consideration of the mutual covenants herein, the parties agree as
follows:
1. The Jurisdiction encompasses territory within Weld County and
Lece,„ ,Mantam P ackga oared Llama 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 2, 1999 election.
3. The Jurisdiction agrees to perform the following tasks and activities:
a. Conduct all procedures required of the clerk for initiatives, referenda, and
referred measures under the provisions of C.R.S. § § 31-1 I-101 through 117
and 22-30-104(4).
b. To do all tasks required by law of designated election officials concerning
nomination of candidates by petition, including, but not limited to: issue
approval as to form, where appropriate, of nominating petition; determine
candidate eligibility, receive candidate acceptance of nominations; accept
notice of intent,petitions for nomination,and affidavits of circulators; verify
signatures on nominating petitions; and hear any protests of the nominating
petitions, as said tasks are set forth in any applicable provisions of Title 1,
Article IV, Parts 8 and 9, § 1-4-501(1), § 22-31-107, C.R.S., and those
portions of the Colorado Municipal Election Code of 1965,Article X of Title
31 as adopted by reference pursuant to § 1-4-805, C.R.S.
c. Establish order of names and questions pursuant to § 1-5-406 for
Jurisdiction's portion of the ballot and submit to the County Clerk in final
form. The ballot content,including a list of candidates, ballot title, and text,
must be certified to the County Clerk no later than 55 days before the
election,pursuant to §§ 1-1-110(3) and 1-5-203(3), C.R.S.
d. Publish and post notices of election pursuant to § 1-5-205, C.R.S., and
include the information regarding the walk-in location address for application
or return of absentee ballots as set forth in paragraph 4.c of this Agreement.
e. Accept written comments for and against ballot issues pursuant to C.R.S. §§
1-7-901 and 1-40-125(2)(e). Comments to be accepted must be filed by the
end of the business day on the Friday before the 45th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to § 1-7-903,C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 42 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
f. Accept affidavits of intent to accept write-in candidacy up until close of
business on August 30, 1999 and provide a list of valid affidavits received to
the County Clerk pursuant to C.R.S. §§ 1-4-1101 and 1102.
g. Publish or post within the jurisdiction any notices or ballots if required in
addition to County publications set forth in¶ 4.b herein which notice may
incorporate the County Clerk's notice pursuant to C.R.S. 1-5-205 (1.2).
h. Pay the sum of$.50 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 2, 1999
Page 2 of 6
election, with a $200 minimum, within 30 days of billing, regardless of
whether or not the election is actually held. Notwithstanding the foregoing,
for any election which does not involve a ballot issue requiring Article X,
Section 20 notices,Jurisdiction shall be liable for $.30 per registered elector
eligible to vote in the Jurisdiction'selection as of the final date of registration
prior to the November 2, 1999 election, with a $200 minimum, plus any
additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. In addition,
Jurisdiction shall also reimburse Clerk for payment of members of the Board
of Canvassers,eligible to be paid,the sum of$15 per day pursuant to C.R.S.
1-10-201(4) when the Jurisdiction designates persons for the Board of
Canvassers pursuant to¶4(g) of this Agreement. If the Jurisdiction cancels
the election before its Section 20,Article X notices are due to the County and
prior to the County Clerk incurring any expenses for the printing of the
ballots, the Jurisdiction shall not be obligated for any expenses. The
Jurisdiction shall also be responsible for costs of recounts pursuant to C.R.S.
§ § 1-10-309, 1-10-303 or 1-11-215 unless otherwise provided pursuant to §
§ 1-10-304 and 304.5.
Designate an "election officer" who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
j. By approval of this Agreement, any municipality is resolving not to use the
provisions of the Municipal Election Code, except as otherwise set forth
herein or as its use is specifically authorized by the Code.
k. Mail notices pursuant to § 1-7-906(2) for active registered electors who do
not reside within the County or counties where the political subdivision is
located.
1. Carry out all actions necessary for cancellation of an election including
notice pursuant to C.R.S. § 1-5-208 and pay any costs incurred by
the County Clerk within 30 days of receipt of an invoice setting forth the costs
of the canceled election pursuant to C.R.S. 1-5-208(5).
4. Duties of County Clerk
Agrees to perform the following tasks and activities:
a. Except as otherwise expressly provided for in this Agreement, to act as the
designated election official for the conduct of the election for the Jurisdiction
Page 3 of 6
for all matters in the Code which require action by the designated election
official and as coordinated election official.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to C.R.S.
§ 1-7-905 and 906(1)and publish and post notice,as directed in C.R.S. § 1-5-
205. Publication by the County Clerk will only be in the County legal
newspaper and the Greeley Tribune and the designated election official is
responsible for any additional notices pursuant to¶ 3g herein .
c. Provide a place for early voting and application for and issuance of absentee
ballots at 1402 N. 17th Avenue,Greeley,Colorado,at the office of the Weld
County Clerk and Recorder. Early voting shall take place during the hours
of 8:30 a.m. - 4:30 p.m., Monday - Friday starting October 18, 1999 and
ending October 29, 1999.
d. Give notice to Jurisdiction of the number of registered electors within the
Jurisdiction as of the effective date of cutoff for registration, identify the
members of the Board of Canvassers eligible for receiving a fee, and bill the
Jurisdiction.
e. Designate a "contact" to act as a primary liaison or contact between the
Jurisdiction and the County Clerk.
f. The County Clerk shall appoint and train election judges and this power shall
be delegated by the Jurisdiction to the County Clerk, to the extent required
or allowed by law.
g. Select and Appoint a Board of Canvassers to canvass the votes;provided that
the Jurisdiction, at its option, may designate one of its members and one
eligible elector from the jurisdictionto assist the County Clerk in the survey
of the returns for that jurisdiction. If the Jurisdiction desires to appoint one
of its members and an eligible elector to assist, it shall make those
appointments, and shall notify the County Clerk in writing of those
appointments not later than 15 days prior to the election. The County Clerk
shall receive and canvass all votes,and shall certify the results in the time and
manner provided and required by the Code. All recounts required by the
Code shall be conducted by the County Clerk in the time and manner
required by the Code.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the
Page 4 of 6
Code shall apply to completion of the tasks required by this Agreement.
b. Conflict of Agreement with law
This Agreement shall be interpreted to consistent with the Code, and
provisions of Title 31 and 22 applicable to the conduct of elections and 8
C.C.R. 1505-1. . Should there be irreconcilable conflicts between the
statutes,this agreement and the Colorado Regulations,the statutes shall first
prevail, then this agreement and lastly the Colorado Regulations.
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages,not as a penalty, refund all payments made, pursuant to
¶ 3 h of this Agreement and shall, if requested by the Jurisdiction, conduct
the next coordinated election which may include any election made necessary
by a defect in the election conducted pursuant to this Agreement with no fee
assessed to the Jurisdiction. This remedy shall be the sole and exclusive
remedy for damages available to the Jurisdiction under this Agreement.
d. No portion of this Agreement shall be deemed to create a cause of action with
respect to anyone not a party to this Agreement, nor is this Agreement
intended to waive any privileges or immunities the parties, their officers, or
employees may possess, except as expressly provided in this Agreement.
e. This constitutes the entire agreement of the parties and no amendment may
be made except in writing approved by the parties.
f. Notice shall be given by Jurisdiction to the Clerk at phone: (970)353-3840
Extension 3100, fax number: (970)353-1964, address: P.O. Box 459
Greeley, CO 80632; and the Juri y rip notice shall be given to the
Jurisdiction at phone:k)O rots- ax: 97 D 3o" 05 ,
address:Ogiin `4N p.oi Aen , •
Qt cad Corn um\ Co\\aql
QD
atte4,1, Co 4olity
Page 5 of 6
DATED this it day of AutotA51- , 1999.
WELD COUNTY CLERK& RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF W D
.A. "Suki" Tsukamtft r i Barbara J. Kirk eyer, C it Protem
1 (09/08 99)
APPROVED AS TO FORM: ATTEST: ituttif `a)
Clerk to the Board of Cou
_- - Y 1 '. err
i oint ttorney Deputy Clerk to the Board
i
(Jurisdiction, -r5 f —
(Title)' 67 6S‘ot `p Awns Como to y e0.4.4,
APPROVED AS TO FORM
ATTEST:
(Title)
ttom for Jur ction
M:\KSEILER\99COORDI\99ELECM.LDM Page 6 of 6
1999 Master
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
WELD RE-3 SCHOOL 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 2, 1999 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 2, 1999, and
WHEREAS,the Jurisdiction agrees to conduct a coordinated election with the County Clerk
acting as the coordinated election official, and
WHEREAS,the County Clerk is the"coordinated election official"pursuant to C.R.S. § 1-7-
116(2)and is to perform certain election services in consideration of performance by the Jurisdiction
of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30-
104(2), 22-31-103, and 29-1-203, et seq., C.R.S.
NOW,THEREFORE,in consideration of the mutual covenants herein, the parties agree as
follows:
1. The Jurisdiction encompasses territory within Weld County and
Adams 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 2, 1999 election.
3. The Jurisdiction agrees to perform the following tasks and activities:
a. Conduct all procedures required of the clerk for initiatives, referenda, and
referred measures under the provisions of C.R.S. § § 31-11-101 through 117
and 22-30-104(4).
b. To do all tasks required by law of designated election officials concerning
nomination of candidates by petition, including, but not limited to: issue
approval as to form, where appropriate, of nominating petition; determine
candidate eligibility, receive candidate acceptance of nominations; accept
notice of intent,petitions for nomination,and affidavits of circulators; verify
signatures on nominating petitions; and hear any protests of the nominating
petitions, as said tasks are set forth in any applicable provisions of Title 1,
Article IV, Parts 8 and 9, § 1-4-501(1), § 22-31-107, C.R.S., and those
portions of the Colorado Municipal Election Code of 1965,Article X of Title
31 as adopted by reference pursuant to § 1-4-805, C.R.S.
c. Establish order of names and questions pursuant to § 1-5-406 for
Jurisdiction's portion of the ballot and submit to the County Clerk in final
form. The ballot content,including a list of candidates, ballot title, and text,
must be certified to the County Clerk no later than 55 days before the
election, pursuant to §§ 1-1-110(3) and 1-5-203(3), C.R.S.
d. Publish and post notices of election pursuant to § 1-5-205, C.R.S., and
include the information regarding the walk-in location address for application
or return of absentee ballots as set forth in paragraph 4.c of this Agreement.
e. Accept written comments for and against ballot issues pursuant to C.R.S. §§
1-7-901 and 1-40-125(2)(e). Comments to be accepted must be filed by the
end of the business day on the Friday before the 45th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to § 1-7-903,C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 42 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
f. Accept affidavits of intent to accept write-in candidacy up until close of
business on August 30, 1999 and provide a list of valid affidavits received to
the County Clerk pursuant to C.R.S. §§ 1-4-1101 and 1102.
g. Publish or post within the jurisdiction any notices or ballots if required in
addition to County publications set forth in¶ 4.b herein which notice may
incorporate the County Clerk's notice pursuant to C.R.S. 1-5-205 (1.2).
h. Pay the sum of$.50 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 2, 1999
Page 2 of 6
election, with a $200 minimum, within 30 days of billing, regardless of
whether or not the election is actually held. Notwithstanding the foregoing,
for any election which does not involve a ballot issue requiring Article X,
Section 20 notices,Jurisdiction shall be liable for $.30 per registered elector
eligible to vote in the Jurisdiction's election as of the final date of registration
prior to the November 2, 1999 election, with a $200 minimum, plus any
additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. In addition,
Jurisdiction shall also reimburse Clerk for payment of members of the Board
of Canvassers,eligible to be paid,the sum of$15 per day pursuant to C.R.S.
1-10-201(4) when the Jurisdiction designates persons for the Board of
Canvassers pursuant to¶4(g) of this Agreement. If the Jurisdiction cancels
the election before its Section 20,Article X notices are due to the County and
prior to the County Clerk incurring any expenses for the printing of the
ballots, the Jurisdiction shall not be obligated for any expenses. The
Jurisdiction shall also be responsible for costs of recounts pursuant to C.R.S.
§ § 1-10-309, 1-10-303 or 1-11-215 unless otherwise provided pursuant to §
§ 1-10-304 and 304.5.
Designate an "election officer" who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
j. By approval of this Agreement, any municipality is resolving not to use the
provisions of the Municipal Election Code, except as otherwise set forth
herein or as its use is specifically authorized by the Code.
k. Mail notices pursuant to § 1-7-906(2) for active registered electors who do
not reside within the County or counties where the political subdivision is
located.
1. Carry out all actions necessary for cancellation of an election including
notice pursuant to C.R.S. § 1-5-208 and pay any costs incurred by
the County Clerk within 30 days of receipt of an invoice setting forth the costs
of the canceled election pursuant to C.R.S. 1-5-208(5).
4. Duties of County Clerk
Agrees to perform the following tasks and activities:
a. Except as otherwise expressly provided for in this Agreement, to act as the
designated election official for the conduct of the election for the Jurisdiction
Page 3 of 6
for all matters in the Code which require action by the designated election
official and as coordinated election official.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to C.R.S.
§ 1-7-905 and 906(1)and publish and post notice,as directed in C.R.S. § 1-5-
205. Publication by the County Clerk will only be in the County legal
newspaper and the Greeley Tribune and the designated election official is
responsible for any additional notices pursuant to¶ 3g herein .
c. Provide a place for early voting and application for and issuance of absentee
ballots at 1402 N. 17th Avenue,Greeley,Colorado,at the office of the Weld
County Clerk and Recorder. Early voting shall take place during the hours
of 8:30 a.m. - 4:30 p.m., Monday - Friday starting October 18, 1999 and
ending October 29, 1999.
d. Give notice to Jurisdiction of the number of registered electors within the
Jurisdiction as of the effective date of cutoff for registration, identify the
members of the Board of Canvassers eligible for receiving a fee, and bill the
Jurisdiction.
e. Designate a "contact" to act as a primary liaison or contact between the
Jurisdiction and the County Clerk.
f. The County Clerk shall appoint and train election judges and this power shall
be delegated by the Jurisdiction to the County Clerk, to the extent required
or allowed by law.
g. Select and Appoint a Board of Canvassers to canvass the votes;provided that
the Jurisdiction, at its option, may designate one of its members and one
eligible elector from the jurisdiction to assist the County Clerk in the survey
of the returns for that jurisdiction. If the Jurisdiction desires to appoint one
of its members and an eligible elector to assist, it shall make those
appointments, and shall notify the County Clerk in writing of those
appointments not later than 15 days prior to the election. The County Clerk
shall receive and canvass all votes,and shall certify the results in the time and
manner provided and required by the Code. All recounts required by the
Code shall be conducted by the County Clerk in the time and manner
required by the Code.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the
Page 4 of 6
Code shall apply to completion of the tasks required by this Agreement.
b. Conflict of Agreement with law
This Agreement shall be interpreted to consistent with the Code, and
provisions of Title 31 and 22 applicable to the conduct of elections and 8
C.C.R. 1505-1. . Should there be irreconcilable conflicts between the
statutes,this agreement and the Colorado Regulations, the statutes shall first
prevail, then this agreement and lastly the Colorado Regulations.
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdictionwas void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Agreement or laws applicable thereto. then the County Clerk shall, as
liquidated damages,not as a penalty, refund all payments made, pursuant to
113 h of this Agreement and shall, if requested by the Jurisdiction, conduct
the next coordinated election which may include any election made necessary
by a defect in the election conducted pursuant to this Agreement with no fee
assessed to the Jurisdiction. This remedy shall be the sole and exclusive
remedy for damages available to the Jurisdiction under this Agreement.
d. No portion of this Agreement shall be deemed to create a cause of action with
respect to anyone not a party to this Agreement, nor is this Agreement
intended to waive any privileges or immunities the parties, their officers, or
employees may possess, except as expressly provided in this Agreement.
e. This constitutes the entire agreement of the parties and no amendment may
be made except in writing approved by the parties.
f. Notice shall be given by Jurisdiction to the Clerk at phone: (9701353-3840.
Extension 3100, fax number: (970)353-1964, address: P.O. Box 459
Greeley, CO 80632; and the Jurisdiction notice shall be given to the
Jurisdiction at phone:303-732-4844 fax: 303-732-0248
address: P. 0. Box 269, Keenesburg, CO 80643
Page 5 of 6
DATED this 27 day of July _, 1999.
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
raii5i
/i
• ia. L arbara J. Kir44tm
( 9/08/99)
APPROVED AS TO FORM: ATTEST: LLs'
4+'Z4i:
/ ClerktotheBoard of Co
i _ �_,_---- C < _ , _ 1
C iun f ttorney Deputy Clerk to the Board � k
(Jurisdiction) School District Re-3(J)
✓,.1�---, .r_-/ /' ,—orL----
(Title) ,. c� � -1
APPROVED AS TO FORM
ATTEST:
(Title)
Attorney for Jurisdiction
M:\KSEILER\99COORDI\99ELECM.LDM Page 6 of 6
- i
1999 Master
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
SCHOOL DISTRICT RE-5J, 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 2, 1999 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 2, 1999, and
WHEREAS,the Jurisdiction agrees to conduct a coordinated election with the County Clerk
acting as the coordinated election official, and
WHEREAS,the County Clerk is the"coordinated election official"pursuant to C.R.S. § 1-7-
116(2)and is to perform certain election services in consideration of performance by the Jurisdiction
of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30-
104(2), 22-31-103, and 29-1-203, et seq., C.R.S.
NOW,THEREFORE,in consideration of the mutual covenants herein, the parties agree as
follows:
1. The Jurisdiction encompasses territory within Weld County and
I-APimet" 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 2, 1999 election.
3. The Jurisdiction agrees to perform the following tasks and activities:
a. Conduct all procedures required of the clerk for initiatives, referenda, and
referred measures under the provisions of C.R.S. § § 31-11-101 through 117
and 22-30-104(4).
b. To do all tasks required by law of designated election officials concerning
nomination of candidates by petition, including, but not limited to: issue
approval as to form, where appropriate, of nominating petition; determine
candidate eligibility, receive candidate acceptance of nominations; accept
notice of intent,petitions for nomination,and affidavits of circulators; verify
signatures on nominating petitions; and hear any protests of the nominating
petitions, as said tasks are set forth in any applicable provisions of Title 1,
Article IV, Parts 8 and 9, § 1-4-501(1), § 22-31-107, C.R.S., and those
portions of the Colorado Municipal Election Code of 1965,Article X of Title
31 as adopted by reference pursuant to § 1-4-805, C.R.S.
c. Establish order of names and questions pursuant to § 1-5-406 for
Jurisdiction's portion of the ballot and submit to the County Clerk in final
form. The ballot content,including a list of candidates, ballot title, and text,
must be certified to the County Clerk no later than 55 days before the
election, pursuant to §§ 1-1-110(3) and 1-5-203(3), C.R.S.
d. Publish and post notices of election pursuant to § 1-5-205, C.R.S., and
include the information regarding the walk-in location address for application
or return of absentee ballots as set forth in paragraph 4.c of this Agreement.
e. Accept written comments for and against ballot issues pursuant to C.R.S. §§
1-7-901 and 1-40-125(2)(e). Comments to be accepted must be filed by the
end of the business day on the Friday before the 45th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to § 1-7-903,C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 42 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
f Accept affidavits of intent to accept write-in candidacy up until close of
business on August 30, 1999 and provide a list of valid affidavits received to
the County Clerk pursuant to C.R.S. §§ 1-4-1101 and 1102.
g. Publish or post within the jurisdiction any notices or ballots if required in
addition to County publications set forth in¶ 4.b herein which notice may
incorporate the County Clerk's notice pursuant to C.R.S. 1-5-205 (1.2).
h. Pay the sum of$.50 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 2, 1999
Page 2 of 6
election, with a $200 minimum, within 30 days of billing, regardless of
whether or not the election is actually held. Notwithstanding the foregoing,
for any election which does not involve a ballot issue requiring Article X,
Section 20 notices,Jurisdiction shall be liable for $.30 per registered elector
eligible to vote in the Jurisdiction's election as of the final date of registration
prior to the November 2, 1999 election, with a $200 minimum, plus any
additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. In addition,
Jurisdiction shall also reimburse Clerk for payment of members of the Board
of Canvassers,eligible to be paid,the sum of$15 per day pursuant to C.R.S.
1-10-201(4) when the Jurisdiction designates persons for the Board of
Canvassers pursuant to¶4(g) of this Agreement. If the Jurisdiction cancels
the election before its Section 20,Article X notices are due to the County and
prior to the County Clerk incurring any expenses for the printing of the
ballots, the Jurisdiction shall not be obligated for any expenses. The
Jurisdiction shall also be responsible for costs of recounts pursuant to C.R.S.
§ § 1-10-309, 1-10-303 or 1-11-215 unless otherwise provided pursuant to §
§ 1-10-304 and 304.5.
Designate an "election officer" who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
j. By approval of this Agreement, any municipality is resolving not to use the
provisions of the Municipal Election Code, except as otherwise set forth
herein or as its use is specifically authorized by the Code.
k. Mail notices pursuant to § 1-7-906(2) for active registered electors who do
not reside within the County or counties where the political subdivision is
located.
1. Carry out all actions necessary for cancellation of an election including
notice pursuant to C.R.S. § 1-5-208 and pay any costs incurred by
the County Clerk within 30 days of receipt of an invoice setting forth the costs
of the canceled election pursuant to C.R.S. 1-5-208(5).
4. Duties of County Clerk
Agrees to perform the following tasks and activities:
a. Except as otherwise expressly provided for in this Agreement, to act as the
designated election official for the conduct of the election for the Jurisdiction
Page 3 of 6
for all matters in the Code which require action by the designated election
official and as coordinated election official.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to C.R.S.
§ 1-7-905 and 906(1)and publish and post notice,as directed in C.R.S. § 1-5-
205. Publication by the County Clerk will only be in the County legal
newspaper and the Greeley Tribune and the designated election official is
responsible for any additional notices pursuant to¶ 3g herein .
c. Provide a place for early voting and application for and issuance of absentee
ballots at 1402 N. 17th Avenue,Greeley,Colorado,at the office of the Weld
County Clerk and Recorder. Early voting shall take place during the hours
of 8:30 a.m. - 4:30 p.m., Monday - Friday starting October 18, 1999 and
ending October 29, 1999.
d. Give notice to Jurisdiction of the number of registered electors within the
Jurisdiction as of the effective date of cutoff for registration, identify the
members of the Board of Canvassers eligible for receiving a fee, and bill the
Jurisdiction.
e. Designate a "contact" to act as a primary liaison or contact between the
Jurisdiction and the County Clerk.
f. The County Clerk shall appoint and train election judges and this power shall
be delegated by the Jurisdiction to the County Clerk, to the extent required
or allowed by law.
g. Select and Appoint a Board of Canvassers to canvass the votes;provided that
the Jurisdiction, at its option, may designate one of its members and one
eligible elector from the jurisdiction to assist the County Clerk in the survey
of the returns for that jurisdiction. If the Jurisdiction desires to appoint one
of its members and an eligible elector to assist, it shall make those
appointments, and shall notify the County Clerk in writing of those
appointments not later than 15 days prior to the election. The County Clerk
shall receive and canvass all votes,and shall certify the results in the time and
manner provided and required by the Code. All recounts required by the
Code shall be conducted by the County Clerk in the time and manner
required by the Code.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the
Page 4 of 6
Code shall apply to completion of the tasks required by this Agreement.
b. Conflict of Agreement with law
This Agreement shall be interpreted to consistent with the Code, and
provisions of Title 31 and 22 applicable to the conduct of elections and 8
C.C.R. 1505-1. . Should there be irreconcilable conflicts between the
statutes,this agreement and the Colorado Regulations, the statutes shall first
prevail, then this agreement and lastly the Colorado Regulations.
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages,not as a penalty, refund all payments made, pursuant to
¶ 3 h of this Agreement and shall, if requested by the Jurisdiction, conduct
the next coordinated election which may include any election made necessary
by a defect in the election conducted pursuant to this Agreement with no fee
assessed to the Jurisdiction. This remedy shall be the sole and exclusive
remedy for damages available to the Jurisdiction under this Agreement.
d. No portion of this Agreement shall be deemed to create a cause of action with
respect to anyone not a party to this Agreement, nor is this Agreement
intended to waive any privileges or immunities the parties, their officers, or
employees may possess, except as expressly provided in this Agreement.
e. This constitutes the entire agreement of the parties and no amendment may
be made except in writing approved by the parties.
f. Notice shall be given by Jurisdiction to the Clerk at phone: (970)353-3840
Extension 3100, fax number: (970)353-1964, address: P.O. Box 459
Greeley, CO 80632; and the Jurisdiction notice shall be given to the
Jurisdiction at phone:?70-587 a33gfax: 9y.-587- ab07
address: 3 /V 9,2,7 /ln`jhc fotcM foss,/
Page 5 of 6
DATED this /(1 day of 479//51- , 1999.
WELD COUNTY CLERIC& RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
4
.A. Suki" TsukamotcC-----u'—' , Barbara J. Kirkmey r, Cha' Protem
(09/08/99)
APPROVED A TO) FORM: ATTEST:
Clerk to the Board of Co
y
Cou�lty ttorney Deputy Clerk to the Board
(Jurisdictic�i) ite-A-± 4-a 16-'`eQs
(Title) Cc/et- o.v O14o (
APPROVED AS TO FORM
ATTEST:
(Title) lvrl Lie(
Attorney for Jurisdiction /
M:\KSEILER\99COORDI\99ELECM.LDM Page 6 of 6
1999 Master
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
SCHOOL DISTRICT 6, hereinafter referred to as "Jurisdiction", does hereby agree and
contract with the Board of County Commissioners of the County of Weld,hereinafter referred to as
"Commissioners", and the Weld County Clerk and Recorder, hereinafter referred to as "County
Clerk", concerning the administration of the November 2, 1999 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 2, 1999, and
WHEREAS,the Jurisdiction agrees to conduct a coordinated election with the County Clerk
acting as the coordinated election official, and
WHEREAS,the County Clerk is the"coordinated election official"pursuant to C.R.S. § 1-7-
116(2)and is to perform certain election services in consideration of performance by the Jurisdiction
of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30-
104(2), 22-31-103, and 29-1-203, et seq., C.R.S.
NOW,THEREFORE,in consideration of the mutual covenants herein, the parties agree as
follows:
1. The Jurisdiction encompasses territory within Weld County and
County(ies). This Agreement shall be
construed to apply only to that portion of the Jurisdiction within Weld County.
2. Term of Agreement: This Agreement is intended only to deal with the conduct of the
November 2, 1999 election.
3. The Jurisdiction agrees to perform the following tasks and activities:
a. Conduct all procedures required of the clerk for initiatives, referenda, and
referred measures under the provisions of C.R.S. § § 31-11-101 through 117
and 22-30-104(4).
b. To do all tasks required by law of designated election officials concerning
nomination of candidates by petition, including, but not limited to: issue
approval as to form, where appropriate, of nominating petition; determine
candidate eligibility, receive candidate acceptance of nominations; accept
notice of intent,petitions for nomination,and affidavits of circulators; verify
signatures on nominating petitions; and hear any protests of the nominating
petitions, as said tasks are set forth in any applicable provisions of Title 1,
Article IV, Parts 8 and 9, § 1-4-501(1), § 22-31-107, C.R.S., and those
portions of the Colorado Municipal Election Code of 1965,Article X of Title
31 as adopted by reference pursuant to § 1-4-805, C.R.S.
c. Establish order of names and questions pursuant to § 1-5-406 for
Jurisdiction's portion of the ballot and submit to the County Clerk in final
form. The ballot content,including a list of candidates, ballot title, and text,
must be certified to the County Clerk no later than 55 days before the
election, pursuant to §§ 1-1-110(3) and 1-5-203(3), C.R.S.
d. Publish and post notices of election pursuant to § 1-5-205, C.R.S., and
include the infonnation regarding the walk-in location address for application
or return of absentee ballots as set forth in paragraph 4.c of this Agreement.
e. Accept written comments for and against ballot issues pursuant to C.R.S. §§
1-7-901 and 1-40-125(2)(e). Comments to be accepted must be filed by the
end of the business day on the Friday before the 45th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to § 1-7-903,C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 42 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
f. Accept affidavits of intent to accept write-in candidacy up until close of
business on August 30, 1999 and provide a list of valid affidavits received to
the County Clerk pursuant to C.R.S. §§ 1-4-1101 and 1102.
g. Publish or post within the jurisdiction any notices or ballots if required in
addition to County publications set forth in ¶ 4.b herein which notice may
incorporate the County Clerk's notice pursuant to C.R.S. 1-5-205 (1.2).
h. Pay the sum of$.50 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 2, 1999
Page 2 of 6
election, with a $200 minimum, within 30 days of billing, regardless of
whether or not the election is actually held. Notwithstanding the foregoing,
for any election which does not involve a ballot issue requiring Article X,
Section 20 notices,Jurisdiction shall be liable for $.30 per registered elector
eligible to vote in the Jurisdiction'selection as of the final date of registration
prior to the November 2, 1999 election, with a $200 minimum, plus any
additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. In addition,
Jurisdiction shall also reimburse Clerk for payment of members of the Board
of Canvassers,eligible to be paid,the sum of$15 per day pursuant to C.R.S.
1-10-201(4) when the Jurisdiction designates persons for the Board of
Canvassers pursuant to¶4(g) of this Agreement. If the Jurisdiction cancels
the election before its Section 20,Article X notices are due to the County and
prior to the County Clerk incurring any expenses for the printing of the
ballots, the Jurisdiction shall not be obligated for any expenses. The
Jurisdiction shall also be responsible for costs of recounts pursuant to C.R.S.
§ § 1-10-309, 1-10-303 or 1-11-215 unless otherwise provided pursuant to §
§ 1-10-304 and 304.5.
Designate an "election officer" who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
j. By approval of this Agreement, any municipality is resolving not to use the
provisions of the Municipal Election Code, except as otherwise set forth
herein or as its use is specifically authorized by the Code.
k. Mail notices pursuant to § 1-7-906(2)for active registered electors who do
not reside within the County or counties where the political subdivision is
located.
1. Carry out all actions necessary for cancellation of an election including
notice pursuant to C.R.S. § 1-5-208 and pay any costs incurred by
the County Clerk within 30 days of receipt of an invoice setting forth the costs
of the canceled election pursuant to C.R.S. 1-5-208(5).
4. Duties of County Clerk
Agrees to perform the following tasks and activities:
a. Except as otherwise expressly provided for in this Agreement, to act as the
designated election official for the conduct of the election for the Jurisdiction
Page 3 of 6
for all matters in the Code which require action by the designated election
official and as coordinated election official.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to C.R.S.
§ 1-7-905 and 906(1)and publish and post notice,as directed in C.R.S. § 1-5-
205. Publication by the County Clerk will only be in the County legal
newspaper and the Greeley Tribune and the designated election official is
responsible for any additional notices pursuant to¶3g herein .
c. Provide a place for early voting and application for and issuance of absentee
ballots at 1402 N. 17th Avenue,Greeley,Colorado,at the office of the Weld
County Clerk and Recorder. Early voting shall take place during the hours
of 8:30 a.m. - 4:30 p.m., Monday - Friday starting October 18, 1999 and
ending October 29, 1999.
d. Give notice to Jurisdiction of the number of registered electors within the
Jurisdiction as of the effective date of cutoff for registration, identify the
members of the Board of Canvassers eligible for receiving a fee, and bill the
Jurisdiction.
e. Designate a "contact" to act as a primary liaison or contact between the
Jurisdiction and the County Clerk.
f The County Clerk shall appoint and train election judges and this power shall
be delegated by the Jurisdiction to the County Clerk, to the extent required
or allowed by law.
g. Select and Appoint a Board of Canvassers to canvass the votes;provided that
the Jurisdiction, at its option, may designate one of its members and one
eligible elector from the jurisdictionto assist the County Clerk in the survey
of the returns for that jurisdiction. If the Jurisdiction desires to appoint one
of its members and an eligible elector to assist, it shall make those
appointments, and shall notify the County Clerk in writing of those
appointments not later than 15 days prior to the election. The County Clerk
shall receive and canvass all votes,and shall certify the results in the time and
manner provided and required by the Code. All recounts required by the
Code shall be conducted by the County Clerk in the time and manner
required by the Code.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the
Page 4 of 6
Code shall apply to completion of the tasks required by this Agreement.
b. Conflict of Agreement with law
This Agreement shall be interpreted to consistent with the Code, and
provisions of Title 31 and 22 applicable to the conduct of elections and 8
C.C.R. 1505-1. . Should there be irreconcilable conflicts between the
statutes,this agreement and the Colorado Regulations, the statutes shall first
prevail, then this agreement and lastly the Colorado Regulations.
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages,not as a penalty, refund all payments made, pursuant to
¶ 3 h of this Agreement and shall, if requested by the Jurisdiction, conduct
the next coordinated election which may include any election made necessary
by a defect in the election conducted pursuant to this Agreement with no fee
assessed to the Jurisdiction. This remedy shall be the sole and exclusive
remedy for damages available to the Jurisdiction under this Agreement.
d. No portion of this Agreement shall be deemed to create a cause of action with
respect to anyone not a party to this Agreement, nor is this Agreement
intended to waive any privileges or immunities the parties, their officers, or
employees may possess, except as expressly provided in this Agreement.
e. This constitutes the entire agreement of the parties and no amendment may
be made except in writing approved by the parties.
f. Notice shall be given by Jurisdiction to the Clerk at phone: (9701353-3840
Extension 3100, fax number: (9701353-1964, address: P.O. Box 459
Greeley, CO 80632; and the Jurisdiction notice shall be given to the
Jurisdiction at phone:(97c)3Sa-/5y3 fax:(970) 353 alba
address: sr-/F- /5" 5r",�e�t j ape e/y ,eo 'O63/
Page 5 of 6
DATED this 8th day of September , 1999.
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
ijikALIA_' �}1
.1'.A. "Suki" Tsukanr to Barbara J. KirkmeVe , Chair P tem
(09/08/99)
APPROVED AS TO FORM: ATTEST: rf ,.'
Clerk to the Board of Court zh
AL p
Ott Attorney Deputy Clerk to the Board &NI A
f.
(Jurisdiction)(2p ) 4'CZeF
(Title)_ eizte,
APPROVED AS TO FORM re," at,,er �wn-7
ATTEST: 650, a)l Ci/-67
(Title),- L�R� KC�(JC�Ci 4��� f%ee/ itt t
Atto e f urisdiction
M:\KSEILER\99OOORDI\99ELECM.LDM Page 6 Of 6
1999 Master
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
SCHOOL DISTRICT RE-7, hereinafter referred to as "Jurisdiction", does hereby agree and
contract with the Board of County Commissioners of the County of Weld,hereinafter referred to as
"Commissioners", and the Weld County Clerk and Recorder, hereinafter referred to as "County
Clerk", concerning the administration of the November 2, 1999 coordinated election conducted
pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and
regulations prornulgated 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 Jurisdictiondesires 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 2, 1999, and
WHEREAS, the Jurisdiction agrees to conduct a coordinated election with the County Clerk
acting as the coordinated election official, and
WHEREAS,the County Clerk is the "coordinated election official"pursuant to C.R.S. § 1-7-
116(2)and is to perform certain election services in consideration of performance by the jurisdiction
of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30-
104(2), 22-31-103, and 29-1-203, et seq., C.R.S.
NOW, THEREFORE,in consideration of the mutual covenants herein, the parties agree as
follows:
1. The Jurisdiction encompasses territory within Weld County and
County(ies). This Agreement shall be
construed to apply only to that portion of the Jurisdiction within Weld County.
2. Term of Agreement: This Agreement is intended only to deal with the conduct of the
November 2, 1999 election.
3. The Jurisdiction agrees to perform the following tasks and activities:
a. Conduct all procedures required of the clerk for initiatives, referenda, and
referred measures under the provisions of C.R.S. § § 31-11-101 through 117
and 22-30-104(4).
b. To do all tasks required by law of designated election officials concerning
nomination of candidates by petition, including, but not limited to: issue
approval as to form, where appropriate, of nominating petition; determine
candidate eligibility, receive candidate acceptance of nominations; accept
notice of intent,petitions for nomination,and affidavits of circulators; verify
signatures on nominating petitions; and hear any protests of the nominating
petitions, as said tasks are set forth in any applicable provisions of Title 1,
Article IV, Parts 8 and 9, § 1-4-501(1), § 22-31-107, C.R.S., and those
portions of the Colorado Municipal Election Code of 1965,Article X of Title
31 as adopted by reference pursuant to § 1-4-805, C.R.S.
c. Establish order of names and questions pursuant to § 1-5-406 for
Jurisdiction's portion of the ballot and submit to the County Clerk in final
form. The ballot content,including a list of candidates,ballot title, and text,
must be certified to the County Clerk no later than 55 days before the
election, pursuant to §§ 1-1-110(3) and 1-5-203(3), C.R.S.
d. Publish and post notices of election pursuant to § 1-5-205, C.R.S., and
include the information regarding the walk-in location address for application
or return of absentee ballots as set forth in paragraph 4.c of this Agreement.
e. Accept written comments for and against ballot issues pursuant to C.R.S. §§
1-7-901 and 1-40-125(2)(e). Comments to be accepted must be filed by the
end of the business day on the Friday before the 45th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to § 1-7-903,C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 42 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
f. Accept affidavits of intent to accept write-in candidacy up until close of
business on August 30, 1999 and provide a list of valid affidavits received to
the County Clerk pursuant to C.R.S. §§ 1-4-1101 and 1102.
g. Publish or post within the jurisdiction any notices or ballots if required in
addition to County publications set forth in ¶ 4.b herein which notice may
incorporate the County Clerk's notice pursuant to C.R.S. 1-5-205 (1.2).
h. Pay the sum of$.50 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 2, 1999
Page 2 of 6
election, with a $200 minimum, within 30 days of billing, regardless of
whether or not the election is actually held. Notwithstanding the foregoing,
for any election which does not involve a ballot issue requiring Article X,
Section 20 notices,Jurisdiction shall be liable for $.30 per registered elector
eligible to vote in the Jurisdiction's election as of the final date of registration
prior to the November 2, 1999 election, with a $200 minimum, plus any
additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. In addition,
Jurisdiction shall also reimburse Clerk for payment of members of the Board
of Canvassers,eligible to be paid,the sum of$15 per day pursuant to C.R.S.
1-10-201(4) when the Jurisdiction designates persons for the Board of
Canvassers pursuant to¶4(g) of this Agreement. If the Jurisdiction cancels
the election before its Section 20,Article X notices are due to the County and
prior to the County Clerk incurring any expenses for the printing of the
ballots, the Jurisdiction shall not be obligated for any expenses. The
Jurisdiction shall also be responsible for costs of recounts pursuant to C.R.S.
§ § 1-10-309, 1-10-303 or 1-11-215 unless otherwise provided pursuant to §
§ 1-10-304 and 304.5.
Designate an "election officer" who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
j. By approval of this Agreement, any municipality is resolving not to use the
provisions of the Municipal Election Code, except as otherwise set forth
herein or as its use is specifically authorized by the Code.
k. Mail notices pursuant to § 1-7-906(2) for active registered electors who do
not reside within the County or counties where the political subdivision is
located.
1. Carry out all actions necessary for cancellation of an election including
notice pursuant to C.R.S. § 1-5-208 and pay any costs incurred by
the County Clerk within 30 days of receipt of an invoice setting forth the costs
of the canceled election pursuant to C.R.S. 1-5-208(5).
4. Duties of County Clerk
Agrees to perform the following tasks and activities:
a. Except as otherwise expressly provided for in this Agreement, to act as the
designated election official for the conduct of the election for the Jurisdiction
Page 3 of 6
for all matters in the Code which require action by the designated election
official and as coordinated election official.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to C.R.S.
§ 1-7-905 and 906(1)and publish and post notice,as directed in C.R.S. § 1-5-
205. Publication by the County Clerk will only be in the County legal
newspaper and the Greeley Tribune and the designated election official is
responsible for any additional notices pursuant to¶ 3g herein .
c. Provide a place for early voting and application for and issuance of absentee
ballots at 1402 N. 17th Avenue,Greeley,Colorado,at the office of the Weld
County Clerk and Recorder. Early voting shall take place during the hours
of 8:30 a.m. - 4:30 p.m., Monday - Friday starting October 18, 1999 and
ending October 29, 1999.
d. Give notice to Jurisdiction of the number of registered electors within the
Jurisdiction as of the effective date of cutoff for registration, identify the
members of the Board of Canvassers eligible for receiving a fee, and bill the
Jurisdiction.
e. Designate a "contact" to act as a primary liaison or contact between the
Jurisdiction and the County Clerk.
f. The County Clerk shall appoint and train election judges and this power shall
be delegated by the Jurisdiction to the County Clerk, to the extent required
or allowed by law.
g. Select and Appoint a Board of Canvassers to canvass the votes;provided that
the Jurisdiction, at its option, may designate one of its members and one
eligible elector from the jurisdiction to assist the County Clerk in the survey
of the returns for that jurisdiction. If the Jurisdiction desires to appoint one
of its members and an eligible elector to assist, it shall make those
appointments, and shall notify the County Clerk in writing of those
appointments not later than 15 days prior to the election. The County Clerk
shall receive and canvass all votes,and shall certify the results in the time and
manner provided and required by the Code. All recounts required by the
Code shall be conducted by the County Clerk in the time and manner
required by the Code.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the
Page 4 of 6
Code shall apply to completion of the tasks required by this Agreement.
b. Conflict of Agreement with law
This Agreement shall be interpreted to consistent with the Code, and
provisions of Title 31 and 22 applicable to the conduct of elections and 8
C.C.R. 1505-1. . Should there be irreconcilable conflicts between the
statutes,this agreement and the Colorado Regulations, the statutes shall first
prevail, then this agreement and lastly the Colorado Regulations.
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages,not as a penalty, refund all payments made, pursuant to
¶ 3 h of this Agreement and shall, if requested by the Jurisdiction, conduct
the next coordinated election which may include any election made necessary
by a defect in the election conducted pursuant to this Agreement with no fee
assessed to the Jurisdiction. This remedy shall be the sole and exclusive
remedy for damages available to the Jurisdiction under this Agreement.
d. No portion of this Agreement shall be deemed to create a cause of action with
respect to anyone not a party to this Agreement, nor is this Agreement
intended to waive any privileges or immunities the parties, their officers, or
employees may possess, except as expressly provided in this Agreement.
e. This constitutes the entire agreement of the parties and no amendment may
be made except in writing approved by the parties.
f Notice shall be given by Jurisdiction to the Clerk at phone: (970)353-3840
Extension 3100, fax number: (970)353-1964, address: P.O. Box 459
Greeley, CO 80632; and the Jurisdiction notice shall be given to the
Jurisdiction at phone: fax:
address:
Page 5 of 6
DATED this 8th day of September , 1999.
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
4 � 7
. "S ki" Tsukamoto i arbara S. Kirkmeyg'r, Chair rotem
(09/08/99)
APPROVED ASjTO FORM: ATTEST:
/Ormil
Clerk to the Board of Co C • er
Ian
County tomey Deputy Clerk to the Board A(n.�9`
(Jurisdictio } �� z
(Title)
APPROVED AS TO FORM //,,
ATTEST: a21 ,L''�y
(Title)
Attorney for Jurisdiction
M:\KSEILER\99COORDI\99ELECM.LDM Page 6 of 6
WELD CO. CLK & REC
1999 AUG 30 PM 1: 11
1999 Master
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
SCHOOL DISTRICT RE-9, 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 2, 1999 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 2, 1999, and
WHEREAS, the Jurisdiction agrees to conduct a coordinated election with the County Clerk
acting as the coordinated election official, and
WHEREAS,the County Clerk is the"coordinated election official"pursuant to C.R.S. § 1-7-
116(2)and is to perform certain election services in consideration of performance by the Jurisdiction
of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30-
104(2), 22-31-103, and 29-1-203, et seq., C.R.S.
NOW,THEREFORE,in consideration of the mutual covenants herein, the parties agree as
follows:
1. The Jurisdiction encompasses territory within Weld County 9
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 2, 1999 election.
3. The Jurisdiction agrees to perform the following tasks and activities:
a. Conduct all procedures required of the clerk for initiatives, referenda, and
referred measures under the provisions of C.R.S. § § 31-11-101 through 117
and 22-30-104(4).
b. To do all tasks required by law of designated election officials concerning
nomination of candidates by petition, including, but not limited to: issue
approval as to form, where appropriate, of nominating petition; determine
candidate eligibility, receive candidate acceptance of nominations; accept
notice of intent,petitions for nomination,and affidavits of circulators; verify
signatures on nominating petitions; and hear any protests of the nominating
petitions, as said tasks are set forth in any applicable provisions of Title 1,
Article IV, Parts 8 and 9, § 1-4-501(1), § 22-31-107, C.R.S., and those
portions of the Colorado Municipal Election Code of 1965,Article X of Title
31 as adopted by reference pursuant to § 1-4-805, C.R.S.
c. Establish order of names and questions pursuant to § 1-5-406 for
Jurisdiction's portion of the ballot and submit to the County Clerk in final
form. The ballot content,including a list of candidates, ballot title, and text,
must be certified to the County Clerk no later than 55 days before the
election, pursuant to §§ 1-1-110(3) and 1-5-203(3), C.R.S.
d. Publish and post notices of election pursuant to § 1-5-205, C.R.S., and
include the information regarding the walk-in location address for application
or return of absentee ballots as set forth in paragraph 4.c of this Agreement.
Accept written comments for and against ballot issues pursuant to C.R.S. §§
1-7-901 and 1-40-125(2)(e). Comments to be accepted must be filed by the
end of the business day on the Friday before the 45th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to § 1-7-903,C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 42 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
f. Accept affidavits of intent to accept write-in candidacy up until close of
business on August 30, 1999 and provide a list of valid affidavits received to
the County Clerk pursuant to C.R.S. §§ 1-4-1101 and 1102.
g. Publish or post within the jurisdiction any notices or ballots if required in
addition to County publications set forth in ¶ 4.b herein which notice may
incorporate the County Clerk's notice pursuant to C.R.S. 1-5-205 (1.2).
h. Pay the sum of$.50 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 2, 1999
Page 2 of 6
election, with a $200 minimum, within 30 days of billing, regardless of
whether or not the election is actually held. Notwithstanding the foregoing,
for any election which does not involve a ballot issue requiring Article X,
Section 20 notices,Jurisdiction shall be liable for $.30 per registered elector
eligible to vote in the Jurisdiction's election as of the final date of registration
prior to the November 2, 1999 election, with a $200 minimum, plus any
additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. In addition,
Jurisdiction shall also reimburse Clerk for payment of members of the Board
of Canvassers,eligible to be paid,the sum of$15 per day pursuant to C.R.S.
1-10-201(4) when the Jurisdiction designates persons for the Board of
Canvassers pursuant to¶4(g) of this Agreement. If the Jurisdiction cancels
the election before its Section 20,Article X notices are due to the County and
prior to the County Clerk incurring any expenses for the printing of the
ballots, the Jurisdiction shall not be obligated for any expenses. The
Jurisdiction shall also be responsible for costs of recounts pursuant to C.R.S.
§ 1 --1 0. 5-1 01 ( 2 ) unless otherwise provided pursuant to §
1 -10 . 5-106( 2 ) .
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.
By approval of this Agreement, any municipality is resolving not to use the
provisions of the Municipal Election Code, except as otherwise set forth
herein or as its use is specifically authorized by the Code.
k. Mail notices pursuant to § 1-7-906(2) for active registered electors who do
not reside within the County or counties where the political subdivision is
located.
1. Carry out all actions necessary for cancellation of an election including
notice pursuant to C.R.S. § 1-5-208 and pay any costs incurred by
the County Clerk within 30 days of receipt of an invoice setting forth the costs
of the canceled election pursuant to C.R.S. I-5-208(5).
4. Duties of County Clerk
Agrees to perform the following tasks and activities:
a. Except as otherwise expressly provided for in this Agreement, to act as the
designated election official for the conduct of the election for the Jurisdiction
Page 3 of 6
for all matters in the Code which require action by the designated election
official and as coordinated election official.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to C.R.S.
§ 1-7-905 and 906(1)and publish and post notice,as directed in C.R.S. § 1-5-
205. Publication by the County Clerk will only be in the County legal
newspaper and the Greeley Tribune and the designated election official is
responsible for any additional notices pursuant to¶ 3g herein .
c. Provide a place for early voting and application for and issuance of absentee
ballots at 1402 N. 17th Avenue,Greeley,Colorado,at the office of the Weld
County Clerk and Recorder. Early voting shall take place during the hours
of 8:30 a.m. - 4:30 p.m., Monday - Friday starting October 18, 1999 and
ending October 29, 1999.
d. Give notice to Jurisdiction of the number of registered electors within the
Jurisdiction as of the effective date of cutoff for registration, identify the
members of the Board of Canvassers eligible for receiving a fee, and bill the
Jurisdiction.
e. Designate a "contact" to act as a primary liaison or contact between the
Jurisdiction and the County Clerk.
f. The County Clerk shall appoint and train election judges and this power shall
be delegated by the Jurisdiction to the County Clerk, to the extent required
or allowed by law.
g. Select and Appoint a Board of Canvassers to canvass the votes;provided that
the Jurisdiction, at its option, may designate one of its members and one
eligible elector from the jurisdiction to assist the County Clerk in the survey
of the returns for that jurisdiction. If the Jurisdiction desires to appoint one
of its members and an eligible elector to assist, it shall make those
appointments, and shall notify the County Clerk in writing of those
appointments not later than 15 days prior to the election. The County Clerk
shall receive and canvass all votes,and shall certify the results in the time and
manner provided and required by the Code. All recounts required by the
Code shall be conducted by the County Clerk in the time and manner
required by the Code.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the
Page 4 of 6
Code shall apply to completion of the tasks required by this Agreement.
b. Conflict of Agreement with law
This Agreement shall be interpreted to consistent with the Code, and
provisions of Title 31 and 22 applicable to the conduct of elections and 8
C.C.R. 1505-1. . Should there be irreconcilable conflicts between the
statutes,this agreement and the Colorado Regulations,the statutes shall first
prevail, then this agreement and lastly the Colorado Regulations.
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages,not as a penalty, refund all payments made, pursuant to
3 h of this Agreement and shall, if requested by the Jurisdiction, conduct
the next coordinated election which may include any election made necessary
by a defect in the election conducted pursuant to this Agreement with no fee
assessed to the Jurisdiction. This remedy shall be the sole and exclusive
remedy for damages available to the Jurisdiction under this Agreement.
d. No portion of this Agreement shall be deemed to create a cause of action with
respect to anyone not a party to this Agreement, nor is this Agreement
intended to waive any privileges or immunities the parties, their officers, or
employees may possess, except as expressly provided in this Agreement.
e. This constitutes the entire agreement of the parties and no amendment may
be made except in writing approved by the parties.
f. Notice shall be given by Jurisdiction to the Clerk at phone: (970)353-3840
Extension 3100, fax number: f970)353-1964, address: P.O. Box 459
Greeley, CO 80632; and the Jurisdiction notice shall be given to the
Jurisdiction at phone: 334-134g fax: $3`{- B411
address: C9 W /&T57yyet Au if CO Reco/C •
Page 5 of 6
DATED this £ day of fiba(J(,l.C'f , 1999.
WELD COUNTY CLERK& RECORDER / BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WEL
.A. "'uki" Tsukano /-Barbara J. Kirkmey_ r, Chai rotem
(09
EL
APPROVED AS_TO FORM: ATTEST: £,4,
Clerk to the Board of Coun C
Co . y Attorney Deputy Clerk to the Board
(Jurisdiction) � ��
enan? PYe57deN 'r-
(Title)_
APPROVED AS TO FORM
ATTEST:•, (Title)GIalga frmnd1(`})i., Ortax,
Attorney for Jurisdiction
M:\KSEILER\99COORDI\99ELECM.LDM Page 6 of 6
1999 Master
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
SCHOOL DISTRICT RE-10J,hereinafter referred to as"Jurisdiction",does hereby agree and
contract with the Board of County Commissioners of the County of Weld,hereinafter referred to as
"Commissioners", and the Weld County Clerk and Recorder, hereinafter referred to as "County
Clerk", concerning the administration of the November 2, 1999 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 2, 1999, and
WHEREAS,the Jurisdiction agrees to conduct a coordinated election with the County Clerk
acting as the coordinated election official, and
WHEREAS,the County Clerk is the"coordinatedelection official"pursuant to C.R.S. § 1-7-
116(2)and is to perform certain election services in consideration of performance by the Jurisdiction
of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30-
104(2), 22-31-103, and 29-1-203, et seq., C.R.S.
NOW,THEREFORE,in consideration of the mutual covenants herein, the parties agree as
follows:
1. The Jurisdiction encompasses territory within Weld County and
Aden, County(ies). This Agreement shall be
construe 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 2, 1999 election.
3. The Jurisdiction agrees to perform the following tasks and activities:
a. Conduct all procedures required of the clerk for initiatives, referenda, and
referred measures under the provisions of C.R.S. § § 31-11-101 through 117
and 22-30-104(4).
b. To do all tasks required by law of designated election officials concerning
nomination of candidates by petition, including, but not limited to: issue
approval as to form, where appropriate, of nominating petition; determine
candidate eligibility, receive candidate acceptance of nominations; accept
notice of intent,petitions for nomination,and affidavits of circulators; verify
signatures on nominating petitions; and hear any protests of the nominating
petitions, as said tasks are set forth in any applicable provisions of Title 1,
Article IV, Parts 8 and 9, § 1-4-501(1), § 22-31-107, C.R.S., and those
portions of the Colorado Municipal Election Code of 1965,Article X of Title
31 as adopted by reference pursuant to § 1-4-805, C.R.S.
c. Establish order of names and questions pursuant to § 1-5-406 for
Jurisdiction's portion of the ballot and submit to the County Clerk in final
form. The ballot content,including a list of candidates, ballot title, and text,
must be certified to the County Clerk no later than 55 days before the
election, pursuant to §§ 1-1-110(3) and 1-5-203(3), C.R.S.
d. Publish and post notices of election pursuant to § 1-5-205, C.R.S., and
include the information regarding the walk-in location address for application
or return of absentee ballots as set forth in paragraph 4.c of this Agreement.
e. Accept written comments for and against ballot issues pursuant to C.R.S. §§
1-7-901 and 1-40-125(2)(e). Comments to be accepted must be filed by the
end of the business day on the Friday before the 45th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to § 1-7-903,C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 42 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
f. Accept affidavits of intent to accept write-in candidacy up until close of
business on August 30, 1999 and provide a list of valid affidavits received to
the County Clerk pursuant to C.R.S. §§ 1-4-1101 and 1102.
g. Publish or post within the jurisdiction any notices or ballots if required in
addition to County publications set forth in¶ 4.b herein which notice may
incorporate the County Clerk's notice pursuant to C.R.S. 1-5-205 (1.2).
h. Pay the sum of$.50 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 2, 1999
Page 2 of 6
election, with a $200 minimum, within 30 days of billing, regardless of
whether or not the election is actually held. Notwithstanding the foregoing,
for any election which does not involve a ballot issue requiring Article X,
Section 20 notices,Jurisdiction shall be liable for $.30 per registered elector
eligible to vote in the Jurisdiction's election as of the final date of registration
prior to the November 2, 1999 election, with a $200 minimum, plus any
additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. In addition,
Jurisdiction shall also reimburse Clerk for payment of members of the Board
of Canvassers,eligible to be paid,the sum of$15 per day pursuant to C.R.S.
1-10-201(4) when the Jurisdiction designates persons for the Board of
Canvassers pursuant to¶4(g) of this Agreement. If the Jurisdiction cancels
the election before its Section 20,Article X notices are due to the County and
prior to the County Clerk incurring any expenses for the printing of the
ballots, the Jurisdiction shall not be obligated for any expenses. The
Jurisdiction shall also be responsible for costs of recounts pursuant to C.R.S.
§ § 1-10-309, 1-10-303 or 1-11-215 unless otherwise provided pursuant to §
§ 1-10-304 and 304.5.
Designate an "election officer" who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
j. By approval of this Agreement, any municipality is resolving not to use the
provisions of the Municipal Election Code, except as otherwise set forth
herein or as its use is specifically authorized by the Code.
k. Mail notices pursuant to § 1-7-906(2) for active registered electors who do
not reside within the County or counties where the political subdivision is
located.
Carry out all actions necessary for cancellation of an election including
notice pursuant to C.R.S. § 1-5-208 and pay any costs incurred by
the County Clerk within 30 days of receipt of an invoice setting forth the costs
of the canceled election pursuant to C.R.S. 1-5-208(5).
4. Duties of County Clerk
Agrees to perform the following tasks and activities:
a. Except as otherwise expressly provided for in this Agreement, to act as the
designated election official for the conduct of the election for the Jurisdiction
Page 3 of 6
for all matters in the Code which require action by the designated election
official and as coordinated election official.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to C.R.S.
§ 1-7-905 and 906(1)and publish and post notice,as directed in C.R.S. § 1-5-
205. Publication by the County Clerk will only be in the County legal
newspaper and the Greeley Tribune and the designated election official is
responsible for any additional notices pursuant to ¶ 3g herein .
c. Provide a place for early voting and application for and issuance of absentee
ballots at 1402 N. 17th Avenue,Greeley,Colorado,at the office of the Weld
County Clerk and Recorder. Early voting shall take place during the hours
of 8:30 a.m. - 4:30 p.m., Monday - Friday starting October 18, 1999 and
ending October 29, 1999.
d. Give notice to Jurisdiction of the number of registered electors within the
Jurisdiction as of the effective date of cutoff for registration, identify the
members of the Board of Canvassers eligible for receiving a fee, and bill the
Jurisdiction.
e. Designate a "contact" to act as a primary liaison or contact between the
Jurisdiction and the County Clerk.
f. The County Clerk shall appoint and train election judges and this power shall
be delegated by the Jurisdiction to the County Clerk, to the extent required
or allowed by law.
g. Select and Appoint a Board of Canvassers to canvass the votes;provided that
the Jurisdiction, at its option, may designate one of its members and one
eligible elector from the jurisdiction to assist the County Clerk in the survey
of the returns for that jurisdiction. If the Jurisdiction desires to appoint one
of its members and an eligible elector to assist, it shall make those
appointments, and shall notify the County Clerk in writing of those
appointments not later than 15 days prior to the election. The County Clerk
shall receive and canvass all votes,and shall certify the results in the time and
manner provided and required by the Code. All recounts required by the
Code shall be conducted by the County Clerk in the time and manner
required by the Code.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the
Page 4 of 6
Code shall apply to completion of the tasks required by this Agreement.
b. Conflict of Agreement with law
This Agreement shall be interpreted to consistent with the Code, and
provisions of Title 31 and 22 applicable to the conduct of elections and 8
C.C.R. 1505-1. . Should there be irreconcilable conflicts between the
statutes,this agreement and the Colorado Regulations, the statutes shall first
prevail, then this agreement and lastly the Colorado Regulations.
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdictionwas void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages,not as a penalty, refund all payments made, pursuant to
¶ 3 h of this Agreement and shall, if requested by the Jurisdiction, conduct
the next coordinated election which may include any election made necessary
by a defect in the election conducted pursuant to this Agreement with no fee
assessed to the Jurisdiction. This remedy shall be the sole and exclusive
remedy for damages available to the Jurisdiction under this Agreement.
d. No portion of this Agreement shall be deemed to create a cause of action with
respect to anyone not a party to this Agreement, nor is this Agreement
intended to waive any privileges or immunities the parties, their officers, or
employees may possess, except as expressly provided in this Agreement.
e. This constitutes the entire agreement of the parties and no amendment may
be made except in writing approved by the parties.
f. Notice shall be given by Jurisdiction to the Clerk at phone: (970)353-3840
Extension 3100, fax number: (970)353-1964, address: P.O. Box 459
Greeley, CO 80632; and the Jurisdiction notice shall be given to the
Jurisdiction at phone:970 G5G 3N/7 fax: 5 70 £fh 3479
address: pa, e_r_49 d.,.Ie co 8c1. iI
Page 5 of 6
DATED this 2c:1 day of ILL 1 y , 1999.
WELD COUNTY CLERK& RECORDER BOARD OF COUNTY COMMISSIONERS
QQ OF THE COUNTY OF WEL
J.A. " uki" Tsuk� /Barbara J. Kirkme;sr, Chai rotem
(09/08
APPROVED AS TO FORM: ATTEST: Le LA
Clerk to the Board of County`on
4
County orney Deputy Clerk to the Board
(Jurisdiction) 51,co 49t'rick XE-iOT
ter )Yy/• 41---s✓oW
(Title) GIw penin LC
APPROVED AS TO FORM
ATTEST:
7i 2 'a //. y 4 (Title)
tteq€e Jurisdiction
SSecret t ry
M:\KSEILER\99COORDI\99ELECM.LDM Page 6 of 6
1999 Master
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
SCHOOL DISTRICT RE-12,hereinafter referred to as "Jurisdiction",does hereby agree and
contract with the Board of County Commissioners of the County of Weld,hereinafter referred to as
"Commissioners", and the Weld County Clerk and Recorder, hereinafter referred to as "County
Clerk", concerning the administration of the November 2, 1999 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 2, 1999, and
WHEREAS,the Jurisdiction agrees to conduct a coordinated election with the County Clerk
acting as the coordinated election official, and
WHEREAS,the County Clerk is the"coordinated election official"pursuant to C.R.S. § 1-7-
116(2)and is to perform certain election services in consideration of performance by the Jurisdiction
of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30-
104(2), 22-31-103, and 29-1-203, et seq., C.R.S.
NOW,THEREFORE,in consideration of the mutual covenants herein, the parties agree as
follows:
1. The Jurisdiction encompasses territory within Weld County and
County(ies). This Agreement shall be
construed to apply only to that portion of the Jurisdiction within Weld County.
2. Term of Agreement: This Agreement is intended only to deal with the conduct of the
November 2, 1999 election.
3. The Jurisdiction agrees to perform the following tasks and activities:
a. Conduct all procedures required of the clerk for initiatives, referenda, and
referred measures under the provisions of C.R.S. § § 31-11-101 through 117
and 22-30-104(4).
b. To do all tasks required by law of designated election officials concerning
nomination of candidates by petition, including, but not limited to: issue
approval as to form, where appropriate, of nominating petition; determine
candidate eligibility, receive candidate acceptance of nominations; accept
notice of intent,petitions for nomination,and affidavits of circulators; verify
signatures on nominating petitions; and hear any protests of the nominating
petitions, as said tasks are set forth in any applicable provisions of Title 1,
Article IV, Parts 8 and 9, § 1-4-501(1), § 22-31-107, C.R.S., and those
portions of the Colorado Municipal Election Code of 1965,Article X of Title
31 as adopted by reference pursuant to § 1-4-805, C.R.S.
c. Establish order of names and questions pursuant to § 1-5-406 for
Jurisdiction's portion of the ballot and submit to the County Clerk in final
form. The ballot content,including a list of candidates, ballot title, and text,
must be certified to the County Clerk no later than 55 days before the
election,pursuant to §§ 1-1-110(3) and 1-5-203(3), C.R.S.
d. Publish and post notices of election pursuant to § 1-5-205, C.R.S., and
include the informationregardingthe walk-in location address for application
or return of absentee ballots as set forth in paragraph 4.c of this Agreement.
e. Accept written comments for and against ballot issues pursuant to C.R.S. §§
1-7-901 and 1-40-125(2)(e). Comments to be accepted must be filed by the
end of the business day on the Friday before the 45th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to § 1-7-903,C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 42 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
f. Accept affidavits of intent to accept write-in candidacy up until close of
business on August 30, 1999 and provide a list of valid affidavits received to
the County Clerk pursuant to C.R.S. §§ 1-4-1101 and 1102.
g. Publish or post within the jurisdiction any notices or ballots if required in
addition to County publications set forth in¶ 4.b herein which notice may
incorporate the County Clerk's notice pursuant to C.R.S. 1-5-205 (1.2).
h. Pay the sum of$.50 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 2, 1999
Page 2 of 6
election, with a $200 minimum, within 30 days of billing, regardless of
whether or not the election is actually held. Notwithstanding the foregoing,
for any election which does not involve a ballot issue requiring Article X,
Section 20 notices,Jurisdiction shall be liable for $.30 per registered elector
eligible to vote in the Jurisdiction's election as of the final date of registration
prior to the November 2, 1999 election, with a $200 minimum, plus any
additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. In addition,
Jurisdiction shall also reimburse Clerk for payment of members of the Board
of Canvassers,eligible to be paid,the sum of$15 per day pursuant to C.R.S.
1-10-201(4) when the Jurisdiction designates persons for the Board of
Canvassers pursuant to¶4(g) of this Agreement. If the Jurisdiction cancels
the election before its Section 20,Article X notices are due to the County and
prior to the County Clerk incurring any expenses for the printing of the
ballots, the Jurisdiction shall not be obligated for any expenses. The
Jurisdiction shall also be responsible for costs of recounts pursuant to C.R.S.
§ § 1-10-309, 1-10-303 or 1-11-215 unless otherwise provided pursuant to §
§ 1-10-304 and 304.5.
Designate an "election officer" who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
j. By approval of this Agreement, any municipality is resolving not to use the
provisions of the Municipal Election Code, except as otherwise set forth
herein or as its use is specifically authorized by the Code.
k. Mail notices pursuant to § 1-7-906(2) for active registered electors who do
not reside within the County or counties where the political subdivision is
located.
1. Carry out all actions necessary for cancellation of an election including
notice pursuant to C.R.S. § 1-5-208 and pay any costs incurred by
the County Clerk within 30 days of receipt of an invoice setting forth the costs
of the canceled election pursuant to C.R.S. 1-5-208(5).
4. Duties of County Clerk
Agrees to perform the following tasks and activities:
a. Except as otherwise expressly provided for in this Agreement, to act as the
designated election official for the conduct of the election for the Jurisdiction
Page 3 of 6
for all matters in the Code which require action by the designated election
official and as coordinated election official.
b. Circulate the Article X. Section 20, Ballot Issues notices pursuant to C.R.S.
§ 1-7-905 and 906(1)and publish and post notice,as directed in C.R.S. § 1-5-
205. Publication by the County Clerk will only be in the County legal
newspaper and the Greeley Tribune and the designated election official is
responsible for any additional notices pursuant to¶ 3g herein .
c. Provide a place for early voting and application for and issuance of absentee
ballots at 1402 N. 17th Avenue,Greeley,Colorado,at the office of the Weld
County Clerk and Recorder. Early voting shall take place during the hours
of 8:30 a.m. - 4:30 p.m., Monday - Friday starting October 18, 1999 and
ending October 29. 1999.
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 i his power shall
be delegated by the Jurisdiction to the County Clerk, to the extent required
or allowed by law.
g. Select and Appoint a Board of Canvassers to canvass the votes;provided that
the Jurisdiction, at its option, may designate one of its members and one
eligible elector from the jurisdiction to assist the County Clerk in the survey
of the returns for that jurisdiction. If the Jurisdiction desires to appoint one
of its members and an eligible elector to assist, it shall make those
appointments, and shall notify the County Clerk in writing of those
appointments not later than 15 days prior to the election. The County Clerk
shall receive and canvass all votes,and shall certify the results in the time and
manner provided and required by the Code. All recounts required by the
Code shall be conducted by the County Clerk in the time and manner
required by the Code.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the
Page 4 of 6
Code shall apply to completion of the tasks required by this Agreement.
b. Conflict of Agreement with law
This Agreement shall be interpreted to consistent with the Code, and
provisions of Title 31 and 22 applicable to the conduct of elections and 8
C.C.R. 1505-1. . Should there be irreconcilable conflicts between the
statutes,this agreement and the Colorado Regulations, the statutes shall first
prevail, then this agreement and lastly the Colorado Regulations.
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdictionwas void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages,not as a penalty, refund all payments made, pursuant to
¶ 3 h of this Agreement and shall, if requested by the Jurisdiction, conduct
the next coordinated election which may include any election made necessary
by a defect in the election conducted pursuant to this Agreement with no fee
assessed to the Jurisdiction. This remedy shall be the sole and exclusive
remedy for damages available to the Jurisdiction under this Agreement.
d. No portion of this Agreement shall be deemed to create a cause of action with
respect to anyone not a party to this Agreement, nor is this Agreement
intended to waive any privileges or immunities the parties, their officers, or
employees may possess, except as expressly provided in this Agreement.
e. This constitutes the entire agreement of the parties and no amendment may
be made except in writing approved by the parties.
f. Notice shall be given by Jurisdiction to the Clerk at phone: (970)353-3840
Extension 3100, fax number: (970)353-1964, address: P.O. Box 459
Greeley, CO 80632; and the Jurisdiction notice shall be given to the
Jurisdiction at phone:970-895-2222 fax: 970-895-2221
address: P. 0. Box 220, Grover, CO B0729
Page 5 of 6
DATED this 8th day of September , 1999.
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
4
J.A. `Y3uki" Tsukambto / Barbara J. Kirkmeyer, Chair Yrotem
(09/08/99)
APPROVED AS TO FORM: ATTEST: I �•• z)
Clerk to the Board of County ICOWS7
(� tom: 'C a 1
(31
y Attorney Deputy Clerk to the Board %
(Jurisdiction)rC % %ir, ._ 7 raj
(Title) Superintendent
APPROVED AS TO FORM
ATTEST:
(Title)
Attorney for Jurisdiction
M:\KSEILER\99COORDI\99ELECM.LDM Page 6 of 6
1999 Master
Memorandum of Interg9Qw� rnmental Agreement
for Conduct'of Co&diinated Elections
ADAMS-WELD SCHOOL DISTRICT RE-27,hereinafterreferred 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 2, 1999 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 2, 1999, and
WHEREAS,the Jurisdiction agrees to conduct a coordinated election with the County Clerk
acting as the coordinated election official, and
WHEREAS,the County Clerk is the"coordinated election official"pursuant to C.R.S. § 1-7-
116(2)and is to perform certain election services in consideration of performance by the Jurisdiction
of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30-
104(2), 22-31-103, and 29-1-203, et seq., C.R.S.
NOW,THEREFORE,in consideration of the mutual covenants herein, the parties agree as
follows:
1. The Jurisdiction encompasses territory within Weld County and
A a M5 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 2, 1999 election.
3. The Jurisdiction agrees to perform the following tasks and activities:
a. Conduct all procedures required of the clerk for initiatives, referenda, and
referred measures under the provisions of C.R.S. § § 31-11-101 through 117
and 22-30-104(4).
b. To do all tasks required by law of designated election officials concerning
nomination of candidates by petition, including, but not limited to: issue
approval as to form, where appropriate, of nominating petition; determine
candidate eligibility, receive candidate acceptance of nominations; accept
notice of intent,petitions for nomination,and affidavits of circulators; verify
signatures on nominating petitions; and hear any protests of the nominating
petitions, as said tasks are set forth in any applicable provisions of Title 1,
Article IV, Parts 8 and 9, § 1-4-501(1), § 22-31-107, C.R.S., and those
portions of the Colorado Municipal Election Code of 1965,Article X of Title
31 as adopted by reference pursuant to § 1-4-805, C.R.S.
c. Establish order of names and questions pursuant to § 1-5-406 for
Jurisdiction's portion of the ballot and submit to the County Clerk in final
form. The ballot content,including a list of candidates, ballot title, and text,
must be certified to the County Clerk no later than 55 days before the
election, pursuant to §§ 1-1-110(3) and 1-5-203(3), C.R.S.
d. Publish and post notices of election pursuant to § 1-5-205, C.R.S., and
include the information regarding the walk-in location address for application
or return of absentee ballots as set forth in paragraph 4.c of this Agreement.
e. Accept written comments for and against ballot issues pursuant to C.R.S. §§
1-7-901 and 1-40-125(2)(e). Comments to be accepted must be filed by the
end of the business day on the Friday before the 45th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to § 1-7-903,C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 42 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
f. Accept affidavits of intent to accept write-in candidacy up until close of
business on August 30, 1999 and provide a list of valid affidavits received to
the County Clerk pursuant to C.R.S. §§ 1-4-1101 and 1102.
g. Publish or post within the jurisdiction any notices or ballots if required in
addition to County publications set forth in¶ 4.b herein which notice may
incorporate the County Clerk's notice pursuant to C.R.S. 1-5-205 (1.2).
h. Pay the sum of$.50 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 2, 1999
Page 2 of 6
election, with a $200 minimum, within 30 days of billing, regardless of
whether or not the election is actually held. Notwithstanding the foregoing,
for any election which does not involve a ballot issue requiring Article X,
Section 20 notices,Jurisdiction shall be liable for $.30 per registered elector
eligible to vote in the Jurisdiction's election as of the final date of registration
prior to the November 2, 1999 election, with a $200 minimum, plus any
additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. In addition,
Jurisdiction shall also reimburse Clerk for payment of members of the Board
of Canvassers,eligible to be paid,the sum of$15 per day pursuant to C.R.S.
1-10-201(4) when the Jurisdiction designates persons for the Board of
Canvassers pursuant to¶4(g) of this Agreement. If the Jurisdiction cancels
the election before its Section 20,Article X notices are due to the County and
prior to the County Clerk incurring any expenses for the printing of the
ballots, the Jurisdiction shall not be obligated for any expenses. The
Jurisdiction shall also be responsible for costs of recounts pursuant to C.K.S.
§ § 1-10-309, 1-10-303 or 1-11-215 unless otherwise provided pursuant to §
§ 1-10-304 and 304.5.
Designate an "election officer" who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
j. By approval of this Agreement, any municipality is resolving not to use the
provisions of the Municipal Election Code, except as otherwise set forth
herein or as its use is specifically authorized by the Code.
k. Mail notices pursuant to § 1-7-906(2) for active registered electors who do
not reside within the County or counties where the political subdivision is
located.
1. Carry out all actions necessary for cancellation of an election including
notice pursuant to C.R.S. § 1-5-208 and pay any costs incurred by
the County Clerk within 30 days of receipt of an invoice setting forth the costs
of the canceled election pursuant to C.R.S. 1-5-208(5).
4. Duties of County Clerk
Agrees to perform the following tasks and activities:
a. Except as otherwise expressly provided for in this Agreement, to act as the
designated election official for the conduct of the election for the Jurisdiction
Page 3 of 6
for all matters in the Code which require action by the designated election
official and as coordinated election official.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to C.R.S.
§ 1-7-905 and 906(1)and publish and post notice,as directed in C.R.S. § 1-5-
205. Publication by the County Clerk will only be in the County legal
newspaper and the Greeley Tribune and the designated election official is
responsible for any additional notices pursuant to¶ 3g herein .
c. Provide a place for early voting and application for and issuance of absentee
ballots at 1402 N. 17th Avenue,Greeley,Colorado,at the office of the Weld
County Clerk and Recorder. Early voting shall take place during the hours
of 8:30 a.m. - 4:30 p.m., Monday - Friday starting October 18, 1999 and
ending October 29, 1999.
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 sha!1 appoint and train election judges and this power shall
be delegated by the Jurisdiction to the County Clerk, to the extent required
or allowed by law.
g. Select and Appoint a Board of Canvassers to canvass the votes;provided that
the Jurisdiction, at its option, may designate one of its members and one
eligible elector from the jurisdiction to assist the County Clerk in the survey
of the returns for that jurisdiction. If the Jurisdiction desires to appoint one
of its members and an eligible elector to assist, it shall make those
appointments, and shall notify the County Clerk in writing of those
appointments not later than 15 days prior to the election. The County Clerk
shall receive and canvass all votes,and shall certify the results in the time and
manner provided and required by the Code. All recounts required by the
Code shall be conducted by the County Clerk in the time and manner
required by the Code.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the
Page 4 of 6
Code shall apply to completion of the tasks required by this Agreement.
b. Conflict of Agreement with law
This Agreement shall be interpreted to consistent with the Code, and
provisions of Title 31 and 22 applicable to the conduct of elections and 8
C.C.R. 1505-1. . Should there be irreconcilable conflicts between the
statutes,this agreement and the Colorado Regulations, the statutes shall first
prevail, then this agreement and lastly the Colorado Regulations.
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages,not as a penalty, refund all payments made, pursuant to
¶ 3 h of this Agreement and shall, if requested by the Jurisdiction, conduct
the next coordinated election which may include any election made necessary
by a defect in the election conducted pursuant to this Agreement with no fee
assessed to the Jurisdiction. This remedy shall be the sole and exclusive
remedy for damages available to the Jurisdiction under this Agreement.
d. No portion of this Agreement shall be deemed to create a cause of action with
respect to anyone not a party to this Agreement, nor is this Agreement
intended to waive any privileges or immunities the parties, their officers, or
employees may possess, except as expressly provided in this Agreement.
e. This constitutes the entire agreement of the parties and no amendment may
be made except in writing approved by the parties.
f. Notice shall be given by Jurisdiction to the Clerk at phone: (9701353-3840
Extension 3100, fax number: (9701353-1964, address: P.O. Box 459.
Greeley, CO 80632; and the Jurisdiction notice shall be given to the
Jurisdiction at phone:303[,55-a95 ? fax: 303 loss a27O
address: (,,3o .9, 84--"Avenue , Br hTon Cc, `2O6ol
Page 5 of 6
DATED this /6 h day of 7-u�ust , 1999.
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
//)
N V
.A. Suki" Tsukamot , Barbara J. Kirkmeyer, Chair Totem
(09/08/99)
APPROVED TO ORM: ATTEST:
Clerk to the Board of Count 7 441 E'' 1/4
Cour&v y_ttorney Deputy Clerk to the Board
(Jurisdiction)
(Title) ?res:cleri4 aa+ra of Ect, (a71/4n
APPROVED AS TO FORM
ATTEST: '[ M) A.
w/a (Title) seci«� y
Attorney for Jurisdiction
M:\KSEILER\99COORDI\99ELECM.LDM Page 6 of 6
1999 Master
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
WIGGINS SCHOOL DISTRICT RE-50,hereinafterreferredto as"Jurisdiction",does hereby
agree and contract with the Board of County Commissioners of the County of Weld, hereinafter
referred to as "Commissioners", and the Weld County Clerk and Recorder, hereinafter referred to
as "County Clerk", concerning the administration of the November 2, 1999 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 2, 1999, and
WHEREAS,the Jurisdiction agrees to conduct a coordinated election with the County Clerk
acting as the coordinated election official, and
WHEREAS,the County Clerk is the"coordinated election official"pursuant to C.R.S. § 1-7-
116(2)and is to perform certain election services in consideration of performance by the Jurisdiction
of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30-
104(2), 22-31-103, and 29-1-203, et seq., C.R.S.
NOW,THEREFORE,in consideration of the mutual covenants herein, the parties agree as
follows:
1. The Jurisdiction encompasses territory within Weld County and
Morgan 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 2, 1999 election.
3. The Jurisdiction agrees to perform the following tasks and activities:
a. Conduct all procedures required of the clerk for initiatives, referenda, and
referred measures under the provisions of C.R.S. § § 31-11-101 through 117
and 22-30-104(4).
b. To do all tasks required by law of designated election officials concerning
nomination of candidates by petition, including, but not limited to: issue
approval as to form, where appropriate, of nominating petition; determine
candidate eligibility, receive candidate acceptance of nominations; accept
notice of intent,petitions for nomination,and affidavits of circulators; verify
signatures on nominating petitions; and hear any protests of the nominating
petitions, as said tasks are set forth in any applicable provisions of Title 1,
Article IV, Parts 8 and 9, § 1-4-501(1), § 22-31-107, C.R.S., and those
portions of the Colorado Municipal Election Code of 1965,Article X of Title
31 as adopted by reference pursuant to § 1-4-805, C.R.S.
c. Establish order of names and questions pursuant to § 1-5-406 for
Jurisdiction's portion of the ballot and submit to the County Clerk in final
form. The ballot content,including a list of candidates, ballot title, and text,
must be certified to the County Clerk no later than 55 days before the
election, pursuant to §§ 1-1-110(3) and 1-5-203(3), C.R.S.
d. Publish and post notices of election pursuant to § 1-5-205, C.R.S., and
include the information regarding the walk-in location address for application
or return of absentee ballots as set forth in paragraph 4.c of this Agreement.
e. Accept written comments for and against ballot issues pursuant to C.R.S. §§
1-7-901 and i-40-125(2)(e). Comments to be accepted must be filed by the
end of the business day on the Friday before the 45th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to § 1-7-903,C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 42 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
f. Accept affidavits of intent to accept write-in candidacy up until close of
business on August 30, 1999 and provide a list of valid affidavits received to
the County Clerk pursuant to C.R.S. §§ 1-4-1101 and 1102.
g. Publish or post within the jurisdiction any notices or ballots if required in
addition to County publications set forth in¶ 4.b herein which notice may
incorporate the County Clerk's notice pursuant to C.R.S. 1-5-205 (1.2).
h. Pay the sum of$.50 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 2, 1999
Page 2 of 6
election, with a $200 minimum, within 30 days of billing, regardless of
whether or not the election is actually held. Notwithstanding the foregoing,
for any election which does not involve a ballot issue requiring Article X,
Section 20 notices,Jurisdiction shall be liable for $.30 per registered elector
eligible to vote in the Jurisdiction'selection as of the final date of registration
prior to the November 2, 1999 election, with a $200 minimum, plus any
additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. In addition,
Jurisdiction shall also reimburse Clerk for payment of members of the Board
of Canvassers,eligible to be paid,the sum of$15 per day pursuant to C.R.S.
1-10-201(4) when the Jurisdiction designates persons for the Board of
Canvassers pursuant to¶4(g) of this Agreement. If the Jurisdiction cancels
the election before its Section 20,Article X notices are due to the County and
prior to the County Clerk incurring any expenses for the printing of the
ballots, the Jurisdiction shall not be obligated for any expenses. The
Jurisdiction shall also be responsible for costs of recounts pursuant to C.R.S.
§ § 1-10-309, 1-10-303 or 1-11-215 unless othenvise provided pursuant to §
§ 1-10-304 and 304.5.
Designate an "election officer" who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
j. By approval of this Agreement, any municipality is resolving not to use the
provisions of the Municipal Election Code, except as othenvise set forth
herein or as its use is specifically authorized by the Code.
k. Mail notices pursuant to § 1-7-906(2) for active registered electors who do
not reside within the County or counties where the political subdivision is
located.
1. Carry out all actions necessary for cancellation of an election including
notice pursuant to C.R.S. § 1-5-208 and pay any costs incurred by
the County Clerk within 30 days of receipt of an invoice setting forth the costs
of the canceled election pursuant to C.R.S. 1-5-208(5).
4. Duties of County Clerk
Agrees to perform the following tasks and activities:
a. Except as otherwise expressly provided for in this Agreement, to act as the
designated election official for the conduct of the election for the Jurisdiction
Page 3 of 6
for all matters in the Code which require action by the designated election
official and as coordinated election official.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to C.R.S.
§ 1-7-905 and 906O)and publish and post notice,as directed in C.R.S. § 1-5-
205. Publication by the County Clerk will only be in the County legal
newspaper and the Greeley Tribune and the designated election official is
responsible for any additional notices pursuant to 113g herein .
c. Provide a place for early voting and application for and issuance of absentee
ballots at 1402 N. 17th Avenue,Greeley,Colorado,at the office of the Weld
County Clerk and Recorder. Early voting shall take place during the hours
of 8:30 a.m. - 4:30 p.m., Monday - Friday starting October 18, 1999 and
ending October 29, 1999.
d. Give notice to Jurisdiction of the number of registered electors within the
Jurisdiction as of the effective date of cutoff for registration, identify the
members of the Board of Canvassers eligible for receiving a fee, and bill the
Jurisdiction.
e. Designate a "contact" to act as a primary liaison or contact between the
Jurisdiction and the County Clerk.
f. The County Clerk shall appoint and train election judges and this power shall
be delegated by the Jurisdiction to the County Clerk, to the extent required
or allowed by law.
g. Select and Appoint a Board of Canvassers to canvass the votes;provided that
the Jurisdiction, at its option, may designate one of its members and one
eligible elector from the jurisdiction to assist the County Clerk in the survey
of the returns for that jurisdiction. If the Jurisdiction desires to appoint one
of its members and an eligible elector to assist, it shall make those
appointments, and shall notify the County Clerk in writing of those
appointments not later than 15 days prior to the election. The County Clerk
shall receive and canvass all votes,and shall certify the results in the time and
manner provided and required by the Code. All recounts required by the
Code shall be conducted by the County Clerk in the time and manner
required by the Code.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the
Page 4 of 6
Code shall apply to completion of the tasks required by this Agreement.
b. Conflict of Agreement with law
This Agreement shall be interpreted to consistent with the Code, and
provisions of Title 31 and 22 applicable to the conduct of elections and 8
C.C.R. 1505-1. . Should there be irreconcilable conflicts between the
statutes,this agreement and the Colorado Regulations, the statutes shall first
prevail, then this agreement and lastly the Colorado Regulations.
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages,not as a penalty, refund all payments made, pursuant to
'113 h of this Agreement and shall, if requested by the Jurisdiction, conduct
the next coordinated election which may include any election made necessary
by a defect in the election conducted pursuant to this Agreement with no fee
assessed to the Jurisdiction. This remedy shall be the sole and exclusive
remedy for damages available to the Jurisdiction under this Agreement.
d. No portion of this Agreement shall be deemed to create a cause of action with
respect to anyone not a party to this Agreement, nor is this Agreement
intended to waive any privileges or immunities the parties, their officers, or
employees may possess, except as expressly provided in this Agreement.
e. This constitutes the entire agreement of the parties and no amendment may
be made except in writing approved by the parties.
f. Notice shall be given by Jurisdiction to the Clerk at phone: (970)353-3840
Extension 3100, fax number: (970)353-1964, address: P.O. Box 459.
Greeley, CO 80632; and the Jurisdiction notice shall be given to the
Jurisdictionatphone:(970)483-7762 fax: (970) 483-6205
address: 320 Chapman Street, Wiggins, CO 80654
Page 5 of 6
DATED this 8th day of September , 1999.
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
41uki" Tsuka
j Barbara J. Kirkmeye Chair Dem
APPROVED Ay TO FORM: ATTEST: I
Lo
(. . Clerk to the Board of Cou ir pip
Co Attorney Deputy Clerk to the Board • NI
r
(Jurisdiction) ItiC —���1�L//.))�141ha4)
Wiggi SDistrict RE-50J
Jacque Weimer
(Tille) Designated Election Official
APPROVED AS TO FORM
ATTEST: y(!Le , , - l j�
i
(Title) Superintendent of Schools
Attorney for Jurisdiction (optional)
M:\KSEILER\99COORDI\99ELECM.LDM Page 6 of 6
WELD CO. CLK & REC
1999 AUG 30 PH 1: 11
1999 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 2, 1999 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 2, 1999, and
WHEREAS, the Jurisdiction agrees to conduct a coordinated election with the County Clerk
acting as the coordinated election official, and
WHEREAS,the County Clerk is the "coordinated election official"pursuant to C.R.S. § 1-7-
116(2)and is to perform certain election services in consideration of performance by the Jurisdiction
of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30-
104(2), 22-31-103, and 29-1-203, et seq., C.R.S.
NOW,THEREFORE,in consideration of the mutual covenants herein, the parties agree as
follows:
1. The Jurisdiction encompasses territory within Weld County and
County(ies). This Agreement shall be
construed to apply only to that portion of the Jurisdiction within Weld County.
2. Term of Agreement: This Agreement is intended only to deal with the conduct of the
November 2, 1999 election.
3. The Jurisdiction agrees to perform the following tasks and activities:
a. Conduct all procedures required of the clerk for initiatives, referenda, and
referred measures under the provisions of C.R.S. § § 31-11-101 through 117
Page 1 of 6
and 22-30-104(4).
b. To do all tasks required by law of designated election officials concerning
nomination of candidates by petition, including, but not limited to: issue
approval as to form, where appropriate, of nominating petition; determine
candidate eligibility, receive candidate acceptance of nominations; accept
notice of intent,petitions for nomination,and affidavits of circulators; verify
signatures on nominating petitions; and hear any protests of the nominating
petitions, as said tasks are set forth in any applicable provisions of Title 1,
Article IV, Parts 8 and 9, § 1-4-501(1), § 22-31-107, C.R.S., and those
portions of the Colorado Municipal Election Code of 1965,Article X of Title
31 as adopted by reference pursuant to § 1-4-805, C.R.S.
c. Establish order of names and questions pursuant to § 1-5-406 for
Jurisdiction's portion of the ballot and submit to the County Clerk in final
form. The ballot content,including a list of candidates, ballot title, and text,
must be certified to the County Clerk no later than 55 days before the
election, pursuant to §§ 1-1-110(3) and 1-5-203(3), C.R.S.
d. Publish and post notices of election pursuant to § 1-5-205, C.R.S., and
include the information regarding the walk-in location address for application
or return of absentee ballots as set forth in paragraph 4.c of this Agreement.
e. Accept written comments for and against ballot issues pursuant to C.R.S. §§
1-7-901 and 1-40-125(2)(e). Comments to be accepted must be filed by the
end of the business day on the Friday before the 45th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to § 1-7-903,C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 42 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
f. Accept affidavits of intent to accept write-in candidacy up until close of
business on August 30, 1999 and provide a list of valid affidavits received to
the County Clerk pursuant to C.R.S. §§ 1-4-1101 and 1102.
g. Publish or post within the jurisdiction any notices or ballots if required in
addition to County publications set forth in¶ 4.b herein which notice may
incorporate the County Clerk's notice pursuant to C.R.S. 1-5-205 (1.2).
h. Pay the sum of$.50 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 2, 1999
Page 2 of 6
election, with a $200 minimum, within 30 days of billing, regardless of
whether or not the election is actually held. Notwithstanding the foregoing,
for any election which does not involve a ballot issue requiring Article X,
Section 20 notices,Jurisdiction shall be liable for $.30 per registered elector
eligible to vote in the Jurisdiction's election as of the final date of registration
prior to the November 2, 1999 election, with a $200 minimum, plus any
additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. In addition,
Jurisdiction shall also reimburse Clerk for payment of members of the Board
of Canvassers,eligible to be paid,the sum of$15 per day pursuant to C.R.S.
1-10-201(4) when the Jurisdiction designates persons for the Board of
Canvassers pursuant to¶4(g) of this Agreement. If the Jurisdiction cancels
the election before its Section 20,Article X notices are due to the County and
prior to the County Clerk incurring any expenses for the printing of the
ballots, the Jurisdiction shall not be obligated for any expenses. The
Jurisdiction shall also be responsible for costs of recounts pursuant to C.R.S.
§ § 1-10-309, 1-10-303 or 1-11-215 unless otherwise provided pursuant to §
§ 1-10-304 and 304.5.
Designate an "election officer" who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
j. By approval of this Agreement, any municipality is resolving not to use the
provisions of the Municipal Election Code, except as otherwise set forth
herein or as its use is specifically authorized by the Code.
k. Mail notices pursuant to § 1-7-906(2) for active registered electors who do
not reside within the County or counties where the political subdivision is
located.
1. Carry out all actions necessary for cancellation of an election including
notice pursuant to C.R.S. § 1-5-208 and pay any costs incurred by
the County Clerk within 30 days of receipt of an invoice setting forth the costs
of the canceled election pursuant to C.R.S. 1-5-208(5).
4. Duties of County Clerk
Agrees to perform the following tasks and activities:
a. Except as otherwise expressly provided for in this Agreement, to act as the
designated election official for the conduct of the election for the Jurisdiction
Page 3 of 6
for all matters in the Code which require action by the designated election
official and as coordinated election official.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to C.R.S.
§ 1-7-905 and 906(1)and publish and post notice,as directed in C.R.S. § 1-5-
205. Publication by the County Clerk will only be in the County legal
newspaper and the Greeley Tribune and the designated election official is
responsible for any additional notices pursuant to¶ 3g herein .
c. Provide a place for early voting and application for and issuance of absentee
ballots at 1402 N. 17th Avenue,Greeley,Colorado,at the office of the Weld
County Clerk and Recorder. Early voting shall take place during the hours
of 8:30 a.m. - 4:30 p.m., Monday - Friday starting October 18, 1999 and
ending October 29, 1999.
d. Give notice to Jurisdiction of the number of registered electors within the
Jurisdiction as of the effective date of cutoff for registration, identify the
members of the Board of Canvassers eligible for receiving a fee, and bill the
Jurisdiction.
e. Designate a "contact" to act as a primary liaison or contact between the
Jurisdiction and the County Clerk.
f. The County Clerk shall appoint and train election judges and this power shall
be delegated by the Jurisdiction to the County Clerk, to the extent required
or allowed by law.
g. Select and Appoint a Board of Canvassers to canvass the votes;provided that
the Jurisdiction, at its option, may designate one of its members and one
eligible elector from the jurisdiction to assist the County Clerk in the survey
of the returns for that jurisdiction. If the Jurisdiction desires to appoint one
of its members and an eligible elector to assist, it shall make those
appointments, and shall notify the County Clerk in writing of those
appointments not later than 15 days prior to the election. The County Clerk
shall receive and canvass all votes,and shall certify the results in the time and
manner provided and required by the Code. All recounts required by the
Code shall be conducted by the County Clerk in the time and manner
required by the Code.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the
Page 4 of 6
Code shall apply to completion of the tasks required by this Agreement.
b. Conflict of Agreement with law
This Agreement shall be interpreted to consistent with the Code, and
provisions of Title 31 and 22 applicable to the conduct of elections and 8
C.C.R. 1505-1. . Should there be irreconcilable conflicts between the
statutes,this agreement and the Colorado Regulations, the statutes shall first
prevail, then this agreement and lastly the Colorado Regulations.
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages,not as a penalty, refund all payments made, pursuant to
113 h of this Agreement and shall, if requested by the Jurisdiction, conduct
the next coordinated election which may include any election made necessary
by a defect in the election conducted pursuant to this Agreement with no fee
assessed to the Jurisdiction. This remedy shall be the sole and exclusive
remedy for damages available to the Jurisdiction under this Agreement.
d. No portion of this Agreement shall be deemed to create a cause of action with
respect to anyone not a party to this Agreement, nor is this Agreement
intended to waive any privileges or immunities the parties, their officers, or
employees may possess, except as expressly provided in this Agreement.
e. This constitutes the entire agreement of the parties and no amendment may
be made except in writing approved by the parties.
Notice shall be given by Jurisdiction to the Clerk at phone: (970)353-3840
Extension 3100, fax number: (970)353-1964, address: P.O. Box 459
Greeley, CO 80632; and the Jurisdiction notice shall be given to the
Jurisdiction at phone: fax:
address:
Page 5 of 6
DATED this 8th day of September 1999.
WELD COUNTY CLERIC & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
u
to
�1;
( L �c LAIL- I /'/7-L�J(I7' AL /�
Auki,, Thu & "Barbara J. Kirkmeyar, Chair rotem
(09/08/99)
APPROVED AS TO FORM: ATTEST: Ade/ / 1,
I
Clerk to the Board of Count, o
L � J 1
/
L ae tilte-, moo- !.. ` G 0
County Attorney Deputy Clerk to the Board N
(Jurisdiction) /6.1 Cc Lk.)-
(Title) AA ge&t-V
APPROVED AS TO FORM
o,0TOWN
/.9::
• ATE T? o
44-/
0 �y UO
31i,+��. ti1 ''4JCitLe�••' IJR�I.
Attorney for Jurisdiction JOY
M:\KSEILER\99COORDI\99ELECM.LDM Page 6 of 6
1999 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 2, 1999 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 2, 1999, and
WHEREAS,the Jurisdiction agrees to conduct a coordinated election with the County Clerk
acting as the coordinated election official, and
WHEREAS,the County Clerk is the"coordinated election official"pursuant to C.R.S. § 1-7-
116(2)and is to perform certain election services in consideration of performance by the Jurisdiction
of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30-
104(2), 22-31-103, and 29-1-203, et seq., C.R.S.
NOW,THEREFORE,in consideration of the mutual covenants herein, the parties agree as
follows:
i. 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 2, 1999 election.
3. The Jurisdiction agrees to perform the following tasks and activities:
a. Conduct all procedures required of the clerk for initiatives, referenda, and
referred measures under the provisions of C.R.S. § § 31-11-101 through 117
and 22-30-104(4).
b. To do all tasks required by law of designated election officials concerning
nomination of candidates by petition, including, but not limited to: issue
approval as to form, where appropriate, of nominating petition; determine
candidate eligibility, receive candidate acceptance of nominations; accept
notice of intent,petitions for nomination,and affidavits of circulators; verify
signatures on nominating petitions; and hear any protests of the nominating
petitions, as said tasks are set forth in any applicable provisions of Title 1,
Article IV, Parts 8 and 9, § 1-4-501(1), § 22-31-107, C.R.S., and those
portions of the Colorado Municipal Election Code of 1965,Article X of Title
31 as adopted by reference pursuant to § 1-4-805, C.R.S.
c. Establish order of names and questions pursuant to § 1-5-406 for
Jurisdiction's portion of the ballot and submit to the County Clerk in final
form. The ballot content,including a list of candidates, ballot title, and text,
must be certified to the County Clerk no later than 55 days before the
election, pursuant to §§ 1-1-110(3) and 1-5-203(3), C.R.S.
d. Publish and post notices of election pursuant to § 1-5-205, C.R.S., and
include the information regarding the walk-in location address for application
or return of absentee ballots as set forth in paragraph 4.c of this Agreement.
e. Accept written comments for and against ballot issues pursuant to C.R.S. §§
1-7-901 and 1-40-125(2)(e). Comments to be accepted must be filed by the
end of the business day on the Friday before the 45th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to § 1-7-903,C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 42 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
f. Accept affidavits of intent to accept write-in candidacy up until close of
business on August 30, 1999 and provide a list of valid affidavits received to
the County Clerk pursuant to C.R.S. §§ 1-4-1101 and 1102.
g. Publish or post within the jurisdiction any notices or ballots if required in
addition to County publications set forth in¶ 4.b herein which notice may
incorporate the County Clerk's notice pursuant to C.R.S. 1-5-205 (1.2).
h. Pay the sum of$.50 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 2, 1999
Page 2 of 6
election, with a $200 minimum, within 30 days of billing, regardless of
whether or not the election is actually held. Notwithstanding the foregoing,
for any election which does not involve a ballot issue requiring Article X,
Section 20 notices,Jurisdiction shall be liable for $.30 per registered elector
eligible to vote in the Jurisdiction's election as of the final date of registration
prior to the November 2, 1999 election, with a $200 minimum, plus any
additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. In addition,
Jurisdiction shall also reimburse Clerk for payment of members of the Board
of Canvassers,eligible to be paid,the sum of$15 per day pursuant to C.R.S.
1-10-201(4) when the Jurisdiction designates persons for the Board of
Canvassers pursuant to¶4(g) of this Agreement. If the Jurisdiction cancels
the election before its Section 20,Article X notices are due to the County and
prior to the County Clerk incurring any expenses for the printing of the
ballots, the Jurisdiction shall not be obligated for any expenses. The
Jurisdiction shall also be responsible for costs of recounts pursuant to C.K.S.
§ § 1-10-309, 1-10-303 or 1-11-215 unless otherwise provided pursuant to §
§ 1-10-304 and 304.5.
Designate an "election officer" who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
j. By approval of this Agreement, any municipality is resolving not to use the
provisions of the Municipal Election Code, except as otherwise set forth
herein or as its use is specifically authorized by the Code.
k. Mail notices pursuant to § 1-7-906(2) for active registered electors who do
not reside within the County or counties where the political subdivision is
located.
1. Carry out all actions necessary for cancellation of an election including
notice pursuant to C.K.S. § 1-5-208 and pay any costs incurred by
the County Clerk within 30 days of receipt of an invoice setting forth the costs
of the canceled election pursuant to C.R.S. 1-5-208(5).
4. Duties of County Clerk
Agrees to perform the following tasks and activities:
a. Except as otherwise expressly provided for in this Agreement, to act as the
designated election official for the conduct of the election for the Jurisdiction
Page 3 of 6
for all matters in the Code which require action by the designated election
official and as coordinated election official.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to C.R.S.
§ 1-7-905 and 906(1)and publish and post notice,as directed in C.R.S. § 1-5-
205. Publication by the County Clerk will only be in the County legal
newspaper and the Greeley Tribune and the designated election official is
responsible for any additional notices pursuant to¶ 3g herein .
c. Provide a place for early voting and application for and issuance of absentee
ballots at 1402 N. 17th Avenue,Greeley,Colorado,at the office of the Weld
County Clerk and Recorder. Early voting shall take place during the hours
of 8:30 a.m. - 4:30 p.m., Monday - Friday starting October 18, 1999 and
ending October 29, 1999.
d. Give notice to Jurisdiction of the number of registered electors within the
Jurisdiction as of the effective date of cutoff for registration, identify the
members of the Board of Canvassers eligible for receiving a fee, and bill the
Jurisdiction.
e. Designate a "contact" to act as a primary liaison or contact between the
Jurisdiction and the County Clerk.
f. The County Clerk shall appoint and train election judges and this power shall
be delegated by the Jurisdiction to the County Clerk, to the extent required
or allowed by law.
g. Select and Appoint a Board of Canvassers to canvass the votes;provided that
the Jurisdiction, at its option, may designate one of its members and one
eligible elector from the jurisdiction to assist the County Clerk in the survey
of the returns for that jurisdiction. If the Jurisdiction desires to appoint one
of its members and an eligible elector to assist, it shall make those
appointments, and shall notify the County Clerk in writing of those
appointments not later than 15 days prior to the election. The County Clerk
shall receive and canvass all votes,and shall certify the results in the time and
manner provided and required by the Code. All recounts required by the
Code shall be conducted by the County Clerk in the time and manner
required by the Code.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the
Page 4 of 6
Code shall apply to completion of the tasks required by this Agreement.
b. Conflict of Agreement with law
This Agreement shall be interpreted to consistent with the Code, and
provisions of Title 31 and 22 applicable to the conduct of elections and 8
C.C.R. 1505-1. . Should there be irreconcilable conflicts between the
statutes,this agreement and the Colorado Regulations, the statutes shall first
prevail, then this agreement and lastly the Colorado Regulations.
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages,not as a penalty, refund all payments made, pursuant to
3 h of this Agreement and shall, if requested by the Jurisdiction, conduct
the next coordinated election which may include any election made necessary
by a defect in the election conducted pursuant to this Agreement with no fee
assessed to the Jurisdiction. This remedy shall be the sole and exclusive
remedy for damages available to the Jurisdiction under this Agreement.
d. No portion of this Agreement shall be deemed to create a cause of action with
respect to anyone not a party to this Agreement, nor is this Agreement
intended to waive any privileges or immunities the parties, their officers, or
employees may possess, except as expressly provided in this Agreement.
e. This constitutes the entire agreement of the parties and no amendment may
be made except in writing approved by the parties.
f. Notice shall be given by Jurisdiction to the Clerk at phone: (970)353-3840
Extension 3100, fax number: (970)353-1964, address: P.O. Box 459
Greeley, CO 80632; and the Jurisdiction notice shall be given to the
Jurisdiction at phone: RO3-73,2_ziag►fax: att3 Osem
address: PD.& c .41a �'SCenamt-t.IFt] Co ROGI •
Page 5 of 6
DATED this 8th day of September , 1999.
WELD COUNTY CLERK& RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
0
J.A. "Suki" Tsukamo o arbara J. Kirkme er, Chai Protem
(09/08/99)
APPROVED AS TO FORM: ATTEST: �o!�
Leije
'%1
Zid° tea,
/ Clerk to the Board of County cr . .i
Cotty At rney Deputy Clerk to the Board `(� �r, t.
(Jurisdiction) Q ell eAbal
(Title)
APPROVED AS TO FORM U
/ /
V
ATTEST:
. ---c--
(Title) S.00#jaeLge/202 ��Attorney for Juri ctio
M:\KSEILER\99COORDI\99ELECM.LDM Page 6 of 6
1999 Master
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
The City of Longmont, Colorado, 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 2, 1999 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 places on November 2, 1999, and
WHEREAS, the Jurisdiction agrees to conduct a coordinated election with the County
Clerk acting as the coordinated election official, and
WHEREAS, the County Clerk is the "coordinated election official" pursuant to C.R.S. §
1-7-116(2) and is to perform certain election services in consideration of performance by the
Jurisdiction of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30-
104(2), 22-31-103, and 29-1-203, et seq., C.R.S.
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree
as follows:
1. The Jurisdiction encompasses territory within Weld County and Boulder
County. This Agreement shall be construed to apply only to that portion of the
Jurisdiction within Weld County.
2. Term of Agreement: This Agreement is intended only to deal with the
conduct of the November 2, 1999 election.
3. The Jurisdiction agrees to perform the following tasks and activities:
a. Conduct all procedures required of the clerk for initiatives,
referenda, and referred measures under the provisions of C.R.S. §§ 31-11-
101 through 117 and 22-30-104(4).
b. To do all tasks required by law of designated election
officials concerning nomination of candidates by petition, including, but
99ELECM(Weld County coordinated election)doc 08/1 a'9911 04 AM
not limited to: issue approval as to form, where appropriate, of
nominating petition; determine candidate eligibility, receive candidate
acceptance of nominations; accept notice of intent, petitions for
nomination, and affidavits of circulators; verify signatures on nominating
petitions; and hear any protests of the nominating petitions, as said tasks
are set forth in any applicable provisions of Title 1, Article IV, Parts 8 and
9, § 1-4-501(1), § 22-31-107, C.R.S., and those portions of the Colorado
Municipal Election Code of 1965, Article X of Title 31 as adopted by
reference pursuant to § 1-4-805, C.R.S.
c. Establish order of names and questions pursuant to § 1-5-
406 for Jurisdiction's portion of the ballot and submit to the County Clerk
in final form. The ballot content, including a list of candidates, ballot title,
and text, must be certified to the County Clerk no later than 55 days before
the election, pursuant to §§ 1-1-110(3) and 1-5-203(3), C.R.S.
d. Publish and post notices of election pursuant to § 1-5-205,
C.R.S., and include the information regarding the walk-in location address
for application or return of absentee ballots as set forth in paragraph 4.c of
this Agreement.
e. Accept written comments for and against ballot issues
pursuant to C.R.S. §§ 1-7-901 and I-40-125(2)(e). Comments to be
accepted must be filed by the end of the business day on the Friday before
the 45th day before the election. Preparation of summaries of written
comments shall be done by the jurisdiction but only to the extent required
pursuant to § 1-7-903, C.R.S. The full text of any required ballot issue
notices must be transmitted to and received by the County Clerk no less
than 42 days prior to the election. No portion of this paragraph shall
require the County Clerk to prepare summaries regarding the Jurisdiction's
ballot issues.
f. Accept affidavits of intent to accept write-in candidacy up
until close of business on August 30, 1999 and provide a list of valid
affidavits received by the County Clerk pursuant to C.R.S. §§ 1-4-1101
and 1102.
g. Publish or post within the jurisdiction any notices or ballots
if required in addition to County publications set forth in ¶ 4.b. herein
which notice may incorporate the County Clerk's notice pursuant to
C.R.S. 1-5-205 (1.2).
h. Pay the sum of$.50 per registered elector eligible to vote in
the Jurisdiction's election as of the final date of registration prior to the
November 2, 1999 election, with a $200 minimum, within 30 days of
billing, regardless of whether or not the election is actually held.
aOPLFCM(Weld Comity coordinated election).doc f(H/1RN91144 AM 2
Notwithstanding the foregoing, for any election which does not involve a
ballot issue requiring Article X, Section 20 notices, Jurisdiction shall be
liable for $.30 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 2, 1999
election, with a $200 minimum, plus any additional costs pursuant to 8
C.C.R. 1505-1 § 5.4.2.2. In addition, Jurisdiction shall also reimburse
Clerk for payment of members of the Board of Canvassers, eligible to be
paid, the sum of $15 per day pursuant to C.R.S. 1-10-201(4) when the
Jurisdiction designates persons for the Board of Canvassers pursuant to ¶
4(g) of this Agreement. If the Jurisdiction cancels the election before its
Section 20, Article X notices are due to the County and prior to the
County Clerk incurring any expenses for the printing of the ballots, the
Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall
also be responsible for costs of recounts pursuant to C.R.S. § 1-10-309,
1-10-303 or 1-11-215 unless otherwise provided pursuant to §§ 1-10-304
and 304.5.
i. Designate an "election officer" who shall act as the primary
liaison between the Jurisdiction and the County Clerk and who will have
primary responsibility for the conduct of election procedures to be handled
by the Jurisdiction hereunder.
j. By approval of this Agreement, any municipality is
resolving not to use the provisions of the Municipal Election Code, except
as otherwise set forth herein or as its use is specifically authorized by the
Code.
k. Mail notices pursuant to § 1-7-906(2) for active registered
electors who do not reside within the County or counties where the
political subdivision is located.
1. Carry out all actions necessary for cancellation of an
election including notice pursuant to C.R.S. § 1-5-208 and pay any costs
incurred by the County Clerk within 30 days of receipt of an invoice
setting forth the costs of the canceled election pursuant to C.R.S. 1-5-
208(5).
4. Duties of County Clerk
Agrees to perform the following tasks and activities:
a. Except as otherwise expressly provided for in this
Agreement, to act as the designated election official for the conduct of the
election for the Jurisdiction for all matters in the Code which require
action by the designated election official and as coordinated election
99ELECM(Weld County coordmated eleclion)doc 08/IB@911'44 AM 3
official.
b. Circulate the Article X, Section 20, Ballot Issues notices
pursuant to C.R.S. § 1-7-905 and 906(1) and publish and post notice, as
directed in C.R.S. § 1-5-205. Publication by the County Clerk will only
be in the County legal newspaper and the Greeley Tribune and the
designated election official is responsible for any additional notices
pursuant to¶3.g. herein.
c. Provide a place for early voting and application for and
issuance of absentee ballots at 1402 N. 17th Avenue, Greeley, Colorado,
at the office of the Weld County Clerk and Recorder. Early voting shall
take place during the hours of 8:30 a.m. - 4:30 p.m., Monday — Friday,
starting October 18, 1999 and ending October 29, 1999.
d. Give notice to Jurisdiction of the number of registered
electors within the Jurisdiction as of the effective date of cutoff for
registration, identify the members of the Board of Canvassers eligible for
receiving a fee, and bill the Jurisdiction.
e. Designate a "contact" to act as a primary liaison or contact
between the Jurisdiction and the County Clerk.
f. The County Clerk shall appoint and train election judges
and this power shall be delegated by the Jurisdiction to the County Clerk,
to the extent required or allowed by law.
g. Select and appoint a Board of Canvassers to canvass the
votes; provided that the Jurisdiction, at its option, may designate one of its
members and one eligible elector from the jurisdiction to assist the County
Clerk in the survey of the returns for that jurisdiction. If the Jurisdiction
desires to appoint one of its members and an eligible elector to assist, it
shall make those appointments, and shall notify the County Clerk in
writing of those appointments not later than 15 days prior to the election.
The County Clerk shall receive and canvass all votes, and shall certify the
results in the time and manner provided and required by the Code. All
recounts required by the Code shall be conducted by the County Clerk in
the time and manner required by the Code.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory
time frames of the Code shall apply to completion of the tasks required by
this Agreement.
VgF1l HMI Meld County coordinnled election)doe OK I RN911;44AM 4
b. Conflict of Agreement with law
This Agreement shall be interpreted to be consistent with
the Code, and provisions of Title 31 and 22 applicable to the conduct of
elections and 8 C.C.R. 1505-1. . Should there be irreconcilable conflicts
between the statutes, this agreement and the Colorado Regulations, the
statutes shall first prevail, then this agreement and lastly the Colorado
Regulations.
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election
for the Jurisdiction was void or otherwise fatally defective as a result of
the sole negligence or failure of the County Clerk to perform in
accordance with this Agreement or laws applicable thereto, then the
County Clerk shall, as liquidated damages, not as a penalty, refund all
payments made, pursuant to ¶ 3.h. of this Agreement and shall, if
requested by the Jurisdiction, conduct the next coordinated election which
may include any election made necessary by a defect in the election
conducted pursuant to this Agreement with no fee assessed to the
Jurisdiction. This remedy shall be the sole and exclusive remedy for
damages available to the Jurisdiction under this Agreement.
d. No portion of this Agreement shall be deemed to create a
cause of action with respect to anyone not a party to this Agreement, nor is
this Agreement intended to waive any privileges or immunities the parties,
their officers, or employees may possess, except as expressly provided in
this Agreement.
e. This constitutes the entire agreement of the parties and no
amendment may be made except in writing approved by the parties.
f. Notice shall be given by Jurisdiction to the Clerk at phone:
(970) 353-3840, Extension 3100, fax number: (970) 353-1964, address:
P.O. Box 459, Greeley, CO 80632; and notice shall be given to the
Jurisdiction at phone: (303) 651-8650 fax: (303) 651-8590, address: 350
Kimbark, Longmont, Colorado, 80501.
nOELEPM(Weld county coordinated eleclion).doc 08 IRON 11.44 AM 5
DATED this 8th day of September , 1999.
WELD COUNTY CLERK&RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTYOF WELD/ tiehuffru.,
LA. "Suki" Tsuk mot /Barbara J. Kirkmeyer, Chair ol¢f tem
(09/08/99)
APPROVED AS TO FORM: ATTEST:L
Clerk to the Board ,,f
Commissioners ,recr ovv,
°O=g*
Cairn Attorney Deputy Clerk to the Board %O J& nil
CITY OF LONGMONT
ir
'O1 Miro
ATTEST: okS�a
a
• ‘4,313 la IP Is 0
° 44111
City Clerk COL(
APPROVED AS TO FORM:
99
CITY 4JTORNEY DATE
PROF READ DATE
99ELECM(Weld Coimry cooNloamd elamioo).doc OF/18/991 L34 AM
APPROVED AS TO FORM AND SUBSTANCE:
`C- aurl�, la`0
ORIGINATING DEPARTMENT DATE
99ELECM(Weld Cowry coordinated election)doc 08/18/0911:44 AM 7
1999 Master
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
TOWN OF KERSEY, 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 2, 1999 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-I. 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 2, 1999, and
WHEREAS, the Jurisdiction agrees to conduct a coordinated election with the County Clerk
acting as the coordinated election official, and
WHEREAS,the County Clerk is the "coordinated election official"pursuant to C.R.S. § 1-7-
116(2)and is to perform certain election services in consideration of performance by the Jurisdiction
of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30-
104(2), 22-31-103, and 29-1-203, et seq., C.R.S.
NOW,THEREFORE,in consideration of the mutual covenants herein, the parties agree as
follows:
1. The Jurisdiction encompasses territory within Weld County and
County(ies). This Agreement shall be
construed to apply only to that portion of the Jurisdiction within Weld County.
2. Term of Agreement: This Agreement is intended only to deal with the conduct of the
November 2, 1999 election.
3. The Jurisdiction agrees to perform the following tasks and activities:
a. Conduct all procedures required of the clerk for initiatives, referenda, and
referred measures under the provisions of C.R.S. § § 31-11-101 through 117
and 22-30-104(4).
h. To do all tasks required by law of designated election officials concerning
nomination of candidates by petition, including, but not limited to: issue
approval as to form, where appropriate, of nominating petition; determine
candidate eligibility, receive candidate acceptance of nominations; accept
notice of intent,petitions for nomination,and affidavits of circulators; verify
signatures on nominating petitions; and hear any protests of the nominating
petitions, as said tasks are set forth in any applicable provisions of Title I,
Article IV, Parts 8 and 9, § 1-4-501(1), § 22-31-107, C.R.S., and those
portions of the Colorado Municipal Election Code of 1965,Article X of Title
31 as adopted by reference pursuant to § 1-4-805, C.R.S.
c. Establish order of names and questions pursuant to § 1-5-406 for
Jurisdiction's portion of the ballot and submit to the County Clerk in final
form. The ballot content, including a list of candidates, ballot title, and text,
must be certified to the County Clerk no later than 55 days before the
election, pursuant to §§ 1-1-110(3) and 1-5-203(3), C.R.S.
d. Publish and post notices of election pursuant to § 1-5-205, C.R.S., and
include the information regarding the walk-in location address for application
or return of absentee ballots as set forth in paragraph 4.c of this Agreement.
e. Accept written comments for and against ballot issues pursuant to C.R.S. §§
1-7-901 and 1-40-125(2)(e). Comments to be accepted must be filed by the
end of the business day on the Friday before the 45th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to § 1-7-903,C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 42 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
f. Accept affidavits of intent to accept write-in candidacy up until close of
business on August 30, 1999 and provide a list of valid affidavits received to
the County Clerk pursuant to C.R.S. §§ 1-4-1101 and 1102.
g. Publish or post within the jurisdiction any notices or ballots if required in
addition to County publications set forth in ¶ 4.b herein which notice may
incorporate the County Clerk's notice pursuant to C.R.S. 1-5-205 (1.2).
h. Pay the sum of$.50 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 2, 1999
Page 2 of 6
election, with a $200 minimum, within 30 days of billing, regardless of
whether or not the election is actually held. Notwithstanding the foregoing,
for any election which does not involve a ballot issue requiring Article X,
Section 20 notices,Jurisdiction shall be liable for $.30 per registered elector
eligible to vote in the Jurisdiction'selection as of the final date of registration
prior to the November 2, 1999 election, with a $200 minimum, plus any
additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. In addition,
Jurisdiction shall also reimburse Clerk for payment of members of the Board
of Canvassers,eligible to be paid,the sum of$15 per day pursuant to C.R.S.
1-10-201(4) when the Jurisdiction designates persons for the Board of
Canvassers pursuant to¶4(g) of this Agreement. If the Jurisdiction cancels
the election before its Section 20, Article X notices are due to the County and
prior to the County Clerk incurring any expenses for the printing of the
ballots, the Jurisdiction shall not be obligated for any expenses. The
Jurisdiction shall also be responsible for costs of recounts pursuant to C.R.S.
§ § 1-10-309, 1-10-303 or 1-11-215 unless otherwise provided pursuant to §
§ 1-10-304 and 304.5.
Designate an "election officer" who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
j. By approval of this Agreement, any municipality is resolving not to use the
provisions of the Municipal Election Code, except as otherwise set forth
herein or as its use is specifically authorized by the Code.
k. Mail notices pursuant to § 1-7-906(2) for active registered electors who do
not reside within the County or counties where the political subdivision is
located.
1. Carry out all actions necessary for cancellation of an election including
notice pursuant to C.R.S. § 1-5-208 and pay any costs incurred by
the County Clerk within 30 days of receipt of an invoice setting forth the costs
of the canceled election pursuant to C.R.S. 1-5-208(5).
4. Duties of County Clerk
Agrees to perform the following tasks and activities:
a. Except as otherwise expressly provided for in this Agreement, to act as the
designated election official for the conduct of the election for the Jurisdiction
Page 3 of 6
for all matters in the Code which require action by the designated election
official and as coordinated election official.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to C.R.S.
§ 1-7-905 and 906(1)and publish and post notice,as directed in C.R.S. § 1-5-
205. Publication by the County Clerk will only be in the County legal
newspaper and the Greeley Tribune and the designated election official is
responsible for any additional notices pursuant to 113g herein .
c. Provide a place for early voting and application for and issuance of absentee
ballots at 1402 N. 17th Avenue,Greeley,Colorado,at the office of the Weld
County Clerk and Recorder. Early voting shall take place during the hours
of 8:30 a.m. - 4:30 p.m., Monday - Friday starting October 18, 1999 and
ending October 29, 1999.
d. Give notice to Jurisdiction of the number of registered electors within the
Jurisdiction as of the effective date of cutoff for registration, identify the
members of the Board of Canvassers eligible for receiving a fee, and bill the
Jurisdiction.
e. Designate a "contact" to act as a primary liaison or contact between the
Jurisdiction and the County Clerk.
f The County Clerk shall appoint and train election judges and this power shall
be delegated by the Jurisdiction to the County Clerk, to the extent required
or allowed by law.
g. Select and Appoint a Board of Canvassers to canvass the votes;provided that
the Jurisdiction, at its option, may designate one of its members and one
eligible elector from the jurisdiction to assist the County Clerk in the survey
of the returns for that jurisdiction. If the Jurisdiction desires to appoint one
of its members and an eligible elector to assist, it shall make those
appointments, and shall notify the County Clerk in writing of those
appointments not later than 15 days prior to the election. The County Clerk
shall receive and canvass all votes,and shall certify the results in the time and
manner provided and required by the Code. All recounts required by the
Code shall be conducted by the County Clerk in the time and manner
required by the Code.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the
Page 4 of 6
Code shall apply to completion of the tasks required by this Agreement.
b. Conflict of Agreement with law
This Agreement shall be interpreted to consistent with the Code, and
provisions of Title 31 and 22 applicable to the conduct of elections and 8
C.C.R. 1505-1. . Should there be irreconcilable conflicts between the
statutes,this agreement and the Colorado Regulations, the statutes shall first
prevail, then this agreement and lastly the Colorado Regulations.
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages,not as a penalty, refund all payments made, pursuant to
¶ 3 h of this Agreement and shall, if requested by the Jurisdiction, conduct
the next coordinated election which may include any election made necessary
by a defect in the election conducted pursuant to this Agreement with no fee
assessed to the Jurisdiction. This remedy shall be the sole and exclusive
remedy for damages available to the Jurisdiction under this Agreement.
d. No portion of this Agreement shall be deemed to create a cause of action with
respect to anyone not a party to this Agreement, nor is this Agreement
intended to waive any privileges or immunities the parties, their officers, or
employees may possess, except as expressly provided in this Agreement.
e. This constitutes the entire agreement of the parties and no amendment may
be made except in writing approved by the parties.
f. Notice shall be given by Jurisdiction to the Clerk at phone: (970)353-3840
Extension 3100, fax number: (970)353-1964, address: P.O. Box 459
Greeley, CO 80632; and the Jurisdiction notice shall be given to the
Jurisdiction at phone: fax:
address:
Page 5 of 6
DATED this /Q L6 day of 414Y
, 1999.
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
N n A
• ) 1..air
J.A. `Sukt ' Tsuk arbara J. Kirlcmey Chair otem
(09/08/99)
APPROVED AS TO FORM: ATTEST: Lill / IEZa
`
Clerk to the Board of County fa
Count A orney Deputy Clerk to the Board
f �J l
(Jurisdiction) `rte�y I p"` c
(Title) " _! Ar
APPROVED AS TO FORM /
ATTEST:
c 1 (Title) S mXThf �,iv l
Attorney for J i dic ion At1�
M:\KSEILER\99COORDI\99ELECM.LDM Page 6 of 6
WELD CO. CLK & REC
1999 AUG 30 PM 1: 11
1999 Master
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
TOWN OF MEAD, hereinafter referred to as "Jurisdiction",does hereby agree and contract
with the Board of County Commissioners of the County of Weld, hereinafter referred to as
"Commissioners", and the Weld County Clerk and Recorder, hereinafter referred to as "County
Clerk", concerning the administration of the November 2, 1999 coordinated election conducted
pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and
regulations promulgated thereunder, found at $ 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 2, 1999, and
WHEREAS,the Jurisdiction agrees to conduct a coordinated election with the County Clerk
acting as the coordinated election official, and
WHEREAS,the County Clerk is the"coordinatedelection official"pursuant to C.R.S. § 1-7-
116(2)and is to perform certain election services in considerationof performance by the Jurisdiction
of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30-
104(2), 22-31-103, and 29-1-203, et seq., C.R.S.
NOW,THEREFORE,in consideration of the mutual covenants herein, the parties agree as
follows:
1. The Jurisdiction encompasses territory within Weld County and
County(ies). This Agreement shall be
construed to apply only to that portion of the Jurisdiction within Weld County.
2. Term of Agreement: This Agreement is intended only to deal with the conduct of the
November 2, 1999 election.
3. The Jurisdiction agrees to perform the following tasks and activities:
a. Conduct all procedures required of the clerk for initiatives, referenda, and
referred measures under the provisions of C.R.S. § § 31-11-101 through 117
and 22-30-104(4).
b. To do all tasks required by law of designated election officials concerning
nomination of candidates by petition, including, but not limited to: issue
approval as to form, where appropriate, of nominating petition; determine
candidate eligibility, receive candidate acceptance of nominations; accept
notice of intent,petitions for nomination,and affidavits of circulators; verify
signatures on nominating petitions; and hear any protests of the nominating
petitions, as said tasks are set forth in any applicable provisions of Title 1,
Article IV, Parts 8 and 9, § 1-4-501(1), § 22-31-107, C.R.S., and those
portions of the Colorado Municipal Election Code of 1965,Article X of Title
31 as adopted by reference pursuant to § 1-4-805, C.K.S.
c. Establish order of names and questions pursuant to § 1-5-406 for
Jurisdiction's portion of the ballot and submit to the County Clerk in final
form. The ballot content,including a list of candidates, ballot title, and text,
must be certified to the County Clerk no later than 55 days before the
election, pursuant to §§ 1-1-110(3) and 1-5-203(3), C.R.S.
d. Publish and post notices of election pursuant to § 1-5-205, C.R.S., and
include the information regarding the walk-in location address for application
or return of absentee ballots as set forth in paragraph 4.c of this Agreement.
e. Accept written comments for and against ballot issues pursuant to C.R.S. §§
1-7-901 and 1-40-125(2)(e). Comments to be accepted must be filed by the
end of the business day on the Friday before the 45th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to § 1-7-903,C.R.S. The
full text of any required ballot issue notices must he transmitted to and
received by the County Clerk no less than 42 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
f. Accept affidavits of intent to accept write-in candidacy up until close of
business on August 30, 1999 and provide a list of valid affidavits received to
the County Clerk pursuant to C.R.S. §§ 1-4-1101 and 1102.
g. Publish or post within the jurisdiction any notices or ballots if required in
addition to County publications set forth in ¶ 4.b herein which notice may
incorporate the County Clerk's notice pursuant to C.R.S. 1-5-205 (1.2).
h. Pay the sum of$.50 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 2, 1999
Page 2 of 6
election, with a $200 minimum, within 30 days of billing, regardless of
whether or not the election is actually held. Notwithstanding the foregoing,
for any election which does not involve a ballot issue requiring Article X,
Section 20 notices,Jurisdiction shall be liable for $.30 per registered elector
eligible to vote in the Jurisdiction's election as of the final date of registration
prior to the November 2, 1999 election, with a $200 minimum, plus any
additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. In addition,
Jurisdiction shall also reimburse Clerk for payment of members of the Board
of Canvassers,eligible to be paid,the sum of$15 per day pursuant to C.R.S.
1-10-201(4) when the Jurisdiction designates persons for the Board of
Canvassers pursuant to¶4(g) of this Agreement. If the Jurisdiction cancels
the election before its Section 20,Article X notices are due to the County and
prior to the County Clerk incurring any expenses for the printing of the
ballots, the Jurisdiction shall not be obligated for any expenses. The
Jurisdiction shall also be responsible for costs of recounts pursuant to C.R.S.
§ § 1-10-309, 1-10-303 or 1-11-215 unless otherwise provided pursuant to §
§ 1-10-304 and 304.5.
Designate an "election officer" who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
j. By approval of this Agreement, any municipality is resolving not to use the
provisions of the Municipal Election Code, except as otherwise set forth
herein or as its use is specifically authorized by the Code.
k. Mail notices pursuant to § 1-7-906(2) for active registered electors who do
not reside within the County or counties where the political subdivision is
located.
1. Carry out all actions necessary for cancellation of an election including
notice pursuant to C.R.S. § 1-5-208 and pay any costs incurred by
the County Clerk within 30 days of receipt of an invoice setting forth the costs
of the canceled election pursuant to C.R.S. 1-5-208(5).
4. Duties of County Clerk
Agrees to perform the following tasks and activities:
a. Except as otherwise expressly provided for in this Agreement, to act as the
designated election official for the conduct of the election for the Jurisdiction
Page 3 of 6
for all matters in the Code which require action by the designated election
official and as coordinated election official.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to C.R.S.
§ 1-7-905 and 906(1)and publish and post notice,as directed in C.R.S. § 1-5-
205. Publication by the County Clerk will only be in the County legal
newspaper and the Greeley Tribune and the designated election official is
responsible for any additional notices pursuant to ¶3g herein .
c. Provide a place for early voting and application for and issuance of absentee
ballots at 1402 N. 17th Avenue,Greeley,Colorado,at the office of the Weld
County Clerk and Recorder. Early voting shall take place during the hours
of 8:30 a.m. - 4:30 p.m., Monday - Friday starting October 18, 1999 and
ending October 29, 1999.
d. Give notice to Jurisdiction of the number of registered electors within the
Jurisdiction as of the effective date of cutoff for registration, identify the
members of the Board of Canvassers eligible for receiving a fee, and bill the
Jurisdiction.
e. Designate a "contact" to act as a primary liaison or contact between the
Jurisdiction and the County Clerk.
f The County Clerk shall appoint and train election judges and this power shall
be delegated by the Jurisdiction to the County Clerk, to the extent required
or allowed by law.
g. Select and Appoint a Board of Canvassers to canvass the votes;provided that
the Jurisdiction, at its option, may designate one of its members and one
eligible elector from the jurisdiction to assist the County Clerk in the survey
of the returns for that jurisdiction. If the Jurisdiction desires to appoint one
of its members and an eligible elector to assist, it shall make those
appointments, and shall notify the County Clerk in writing of those
appointments not later than 15 days prior to the election. The County Clerk
shall receive and canvass all votes,and shall certify the results in the time and
manner provided and required by the Code. All recounts required by the
Code shall be conducted by the County Clerk in the time and manner
required by the Code.
5. General Provisions
•
a. Time is of the essence to this Agreement. The statutory time frames of the
Page 4 of 6
Code shall apply to completion of the tasks required by this Agreement.
b. Conflict of Agreement with law
This Agreement shall be interpreted to consistent with the Code, and
provisions of Title 31 and 22 applicable to the conduct of elections and 8
C.C.R. 1505-1. . Should there be irreconcilable conflicts between the
statutes,this agreement and the Colorado Regulations, the statutes shall first
prevail, then this agreement and lastly the Colorado Regulations.
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages,not as a penalty, refund all payments made, pursuant to
113 h of this Agreement and shall, if requested by the Jurisdiction, conduct
the next coordinated election which may include any election made necessary
by a defect in the election conducted pursuant to this Agreement with no fee
assessed to the Jurisdiction. This remedy shall be the sole and exclusive
remedy for damages available to the Jurisdiction under this Agreement.
d. No portion of this Agreement shall be deemed to create a cause of action with
respect to anyone not a party to this Agreement, nor is this Agreement
intended to waive any privileges or immunities the parties, their officers, or
employees may possess, except as expressly provided in this Agreement.
e. This constitutes the entire agreement of the parties and no amendment may
be made except in writing approved by the parties.
f. Notice shall be given by Jurisdiction to the Clerk at phone: 1970)353-3840
Extension 3100, fax number: 1970)353-1964, address: P.O. Box 459
Greeley, CO 80632; and the Jurisdiction notice shall be given to the
Jurisdiction at phone: fax:
address:
•
Page 5 of 6
DATED this 8th day of September , 1999.
WELD COUNTY CLERK& RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
.A. `Suki ' TSuk Barbara J. Kirkm er, Chai Protein
Liu 40/
(09/08/99)
APPROVED AS TO FORM: ATTEST: ' IE
Clerk to the Board of County
—�
C Attorney Deputy Clerk to the Board O
(Jurisdiction3JOLO n c 11 L . t
U
(Tittt
APPROVED AS TO FORM /Map r
ATTEST:
(Title) j tC
Attorney for Jurisdiction cc)
•
M:\KSEILER\99COORDI\99ELECM.LDM Page 6 of 6
1999 Master
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
JOHNSTOWN FIRE 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 2, 1999 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 2, 1999, and
WHEREAS,the Jurisdiction agrees to conduct a coordinated election with the County Clerk
acting as the coordinated election official, and
WHEREAS,the County Clerk is the"coordinated election official"pursuant to C.R.S. § 1-7-
116(2)and is to perform certain election services in consideration of performance by the Jurisdiction
of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30-
104(2), 22-31-103, and 29-1-203, et seq., C.R.S.
NOW,THEREFORE,in consideration of the mutual covenants herein, the parties agree as
follows:
1. The Jurisdiction encompasses territory within Weld County and
1.�cz cam? 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 2, 1999 election.
3. The Jurisdiction agrees to perform the following tasks and activities:
a. Conduct all procedures required of the clerk for initiatives, referenda, and
referred measures under the provisions of C.R.S. § § 31-11-101 through 117
and 22-30-104(4).
b. To do all tasks required by law of designated election officials concerning
nomination of candidates by petition, including, but not limited to: issue
approval as to form, where appropriate, of nominating petition; determine
candidate eligibility, receive candidate acceptance of nominations; accept
notice of intent,petitions for nomination,and affidavits of circulators; verify
signatures on nominating petitions; and hear any protests of the nominating
petitions, as said tasks are set forth in any applicable provisions of Title 1,
Article IV, Parts 8 and 9, § 1-4-501(1), § 22-31-107, C.R.S., and those
portions of the Colorado Municipal Election Code of 1965,Article X of Title
31 as adopted by reference pursuant to § 1-4-805, C.R.S.
c. Establish order of names and questions pursuant to § 1-5-406 for
Jurisdiction's portion of the ballot and submit to the County Clerk in final
form. The ballot content,including a list of candidates, ballot title, and text,
must be certified to the County Clerk no later than 55 days before the
election, pursuant to §§ 1-1-110(3) and 1-5-203(3), C.R.S.
d. Publish and post notices of election pursuant to § 1-5-205, C.R.S., and
include the information regarding the walk-in location address for application
or return of absentee ballots as set forth in paragraph 4.c of this Agreement.
e. Accept written comments for and against ballot issues pursuant to C.R.S. §§
1-7-901 and 1-40-125(2)(e). Comments to be accepted must be filed by the
end of the business day on the Friday before the 45th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to § 1-7-903,C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 42 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
f. Accept affidavits of intent to accept write-in candidacy up until close of
business on August 30, 1999 and provide a list of valid affidavits received to
the County Clerk pursuant to C.R.S. §§ 1-4-1101 and 1102.
g. Publish or post within the jurisdiction any notices or ballots if required in
addition to County publications set forth in¶ 4.b herein which notice may
incorporate the County Clerk's notice pursuant to C.R.S. 1-5-205 (1.2).
h. Pay the sum of$.50 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 2, 1999
Page 2 of 6
election, with a $200 minimum, within 30 days of billing, regardless of
whether or not the election is actually held. Notwithstanding the foregoing,
for any election which does not involve a ballot issue requiring Article X,
Section 20 notices,Jurisdiction shall be liable for $.30 per registered elector
eligible to vote in the Jurisdiction's election as of the final date of registration
prior to the November 2, 1999 election, with a $200 minimum, plus any
additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. In addition,
Jurisdiction shall also reimburse Clerk for payment of members of the Board
of Canvassers,eligible to be paid,the sum of$15 per day pursuant to C.R.S.
1-10-201(4) when the Jurisdiction designates persons for the Board of
Canvassers pursuant to¶4(g) of this Agreement. If the Jurisdiction cancels
the election before its Section 20,Article X notices are due to the County and
prior to the County Clerk incurring any expenses for the printing of the
ballots, the Jurisdiction shall not be obligated for any expenses. The
Jurisdiction shall also be responsible for costs of recounts pursuant to C.R.S.
§ § 1-10-309, 1-10-303 or 1-11-215 unless otherwise provided pursuant to §
§ 1-10-304 and 304.5.
Designate an "election officer" who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
j. By approval of this Agreement, any municipality is resolving not to use the
provisions of the Municipal Election Code, except as otherwise set forth
herein or as its use is specifically authorized by the Code.
k. Mail notices pursuant to § 1-7-906(2) for active registered electors who do
not reside within the County or counties where the political subdivision is
located.
1. Carry out all actions necessary for cancellation of an election including
notice pursuant to C.R.S. § 1-5-208 and pay any costs incurred by
the County Clerk within 30 days of receipt of an invoice setting forth the costs
of the canceled election pursuant to C.R.S. 1-5-208(5).
4. Duties of County Clerk
Agrees to perform the following tasks and activities:
a. Except as otherwise expressly provided for in this Agreement, to act as the
designated election official for the conduct of the election for the Jurisdiction
Page 3 of 6
for all matters in the Code which require action by the designated election
official and as coordinated election official.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to C.R.S.
§ 1-7-905 and 906(1)and publish and post notice,as directed in C.R.S. § 1-5-
205. Publication by the County Clerk will only be in the County legal
newspaper and the Greeley Tribune and the designated election official is
responsible for any additional notices pursuant to ¶ 3g herein .
c. Provide a place for early voting and application for and issuance of absentee
ballots at 1402 N. 17th Avenue,Greeley,Colorado,at the office of the Weld
County Clerk and Recorder. Early voting shall take place during the hours
of 8:30 a.m. - 4:30 p.m., Monday - Friday starting October 18, 1999 and
ending October 29, 1999.
d. Give notice to Jurisdiction of the number of registered electors within the
Jurisdiction as of the effective date of cutoff for registration, identify the
members of the Board of Canvassers eligible for receiving a fee, and bill the
Jurisdiction.
e. Designate a "contact" to act as a primary liaison or contact between the
Jurisdiction and the County Clerk.
f. The County Clerk shall appoint and train election judges and this power shall
be delegated by the Jurisdiction to the County Clerk, to the extent required
or allowed by law.
g. Select and Appoint a Board of Canvassers to canvass the votes;provided that
the Jurisdiction, at its option, may designate one of its members and one
eligible elector from the jurisdictionto assist the County Clerk in the survey
of the returns for that jurisdiction. If the Jurisdiction desires to appoint one
of its members and an eligible elector to assist, it shall make those
appointments, and shall notify the County Clerk in writing of those
appointments not later than 15 days prior to the election. The County Clerk
shall receive and canvass all votes,and shall certify the results in the time and
manner provided and required by the Code. All recounts required by the
Code shall be conducted by the County Clerk in the time and manner
required by the Code.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the
Page 4 of 6
Code shall apply to completion of the tasks required by this Agreement.
b. Conflict of Agreement with law
This Agreement shall be interpreted to consistent with the Code, and
provisions of Title 31 and 22 applicable to the conduct of elections and 8
C.C.R. 1505-1. . Should there be irreconcilable conflicts between the
statutes,this agreement and the Colorado Regulations, the statutes shall first
prevail, then this agreement and lastly the Colorado Regulations.
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages,not as a penalty, refund all payments made, pursuant to
¶ 3 h of this Agreement and shall, if requested by the Jurisdiction, conduct
the next coordinated election which may include any election made necessary
by a defect in the election conducted pursuant to this Agreement with no fee
assessed to the Jurisdiction. This remedy shall be the sole and exclusive
remedy for damages available to the Jurisdiction under this Agreement.
d. No portion of this Agreement shall be deemed to create a cause of action with
respect to anyone not a party to this Agreement, nor is this Agreement
intended to waive any privileges or immunities the parties, their officers, or
employees may possess, except as expressly provided in this Agreement.
e. This constitutes the entire agreement of the parties and no amendment may
be made except in writing approved by the parties.
f. Notice shall be given by Jurisdiction to the Clerk at phone: (970)353-3840
Extension 3100, fax number: (970)353-1964, address: P.O. Box 459.
Greeley, CO 80632; and the Jurisdiction notice shall be given to the
Jurisdiction at phone: fax:
address:
Page 5 of 6
DATED this 8th day of September , 1999.
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
)� tGuIG , C /.
.A `Suki" Tsuk arbara .i. Kirkme er, Chair✓Protem
(09/0 9)
APPROVED AS TO FORM: ATTEST: Lill �t fe
,rd v
2' 1f: F!rr• i
Clerk to the Board of Coun
Deputy Clerk to the Board
t�Attorney Pty �►_ ���
(Jurisdiction) : 4; c ft
(Title)_ Red,,,/,„/ _
APPROVED AS TO FORM
ATTEST:
(Title)Attorney for Jurisdiction
M:\KSEILER\99COORDI\99ELECM.LDM Page 6 of 6
1999 Master
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
WELD LIBRARY DISTRICT, hereinafter referred to as "Jurisdiction", does hereby agree
and contract with the Board of County Commissioners of the County of Weld, hereinafter referred
to as "Commissioners",and the Weld County Clerk and Recorder,hereinafter referred to as "County
Clerk", concerning the administration of the November 2, 1999 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 2, 1999, and
WHEREAS, the Jurisdiction agrees to conduct a coordinated election with the County Clerk
acting as the coordinated election official, and
WHEREAS,the County Clerk is the "coordinated election official"pursuant to C.R.S. § 1-7-
116(2)and is to perform certain election services in consideration of performance by the Jurisdiction
of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30-
104(2), 22-31-103, and 29-1-203, et seq., C.R.S.
NOW,THEREFORE,in consideration of the mutual covenants herein, the parties agree as
follows:
1. The Jurisdiction encompasses territory within Weld County and
County(ies). This Agreement shall be
construed to apply only to that portion of the Jurisdiction within Weld County.
2. Term of Agreement: This Agreement is intended only to deal with the conduct of the
November 2, 1999 election.
3. The Jurisdiction agrees to perform the following tasks and activities:
a. Conduct all procedures required of the clerk for initiatives, referenda, and
referred measures under the provisions of C.R.S. § § 31-11-101 through 117
and 22-30-104(4).
b. To do all tasks required by law of designated election officials concerning
nomination of candidates by petition, including, but not limited to: issue
approval as to form, where appropriate, of nominating petition; determine
candidate eligibility, receive candidate acceptance of nominations; accept
notice of intent,petitions for nomination,and affidavits of circulators; verify
signatures on nominating petitions; and hear any protests of the nominating
petitions, as said tasks are set forth in any applicable provisions of Title 1,
Article IV, Parts 8 and 9, § 1-4-501(1), § 22-31-107, C.R.S., and those
portions of the Colorado Municipal Election Code of 1965,Article X of Title
31 as adopted by reference pursuant to § 1-4-805, C.R.S.
c. Establish order of names and questions pursuant to § 1-5-406 for
Jurisdiction's portion of the ballot and submit to the County Clerk in final
form. The ballot content,including a list of candidates, ballot title, and text,
must be certified to the County Clerk no later than 55 days before the
election, pursuant to §§ 1-1-110(3) and 1-5-203(3), C.R.S.
d. Publish and post notices of election pursuant to § 1-5-205, C.R.S., and
include the information regarding the walk-in location address for application
or return of absentee ballots as set forth in paragraph 4.c of this Agreement.
e. Accept written comments for and against ballot issues pursuant to C.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 45th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to § 1-7-903,C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 42 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
f. Accept affidavits of intent to accept write-in candidacy up until close of
business on August 30, 1999 and provide a list of valid affidavits received to
the County Clerk pursuant to C.R.S. §§ 1-4-1101 and 1102.
g. Publish or post within the jurisdiction any notices or ballots if required in
addition to County publications set forth in ¶ 4.b herein which notice may
incorporate the County Clerk's notice pursuant to C.R.S. 1-5-205 (1.2).
h. Pay the sum of$.50 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 2, 1999
Page 2 of 6
election, with a $200 minimum, within 30 days of billing, regardless of
whether or not the election is actually held. Notwithstanding the foregoing,
for any election which does not involve a ballot issue requiring Article X,
Section 20 notices,Jurisdiction shall be liable for $.30 per registered elector
eligible to vote in the Jurisdiction's election as of the final date of registration
prior to the November 2, 1999 election, with a $200 minimum, plus any
additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. In addition,
Jurisdiction shall also reimburse Clerk for payment of members of the Board
of Canvassers,eligible to be paid,the sum of$15 per day pursuant to C.R.S.
1-10-201(4) when the Jurisdiction designates persons for the Board of
Canvassers pursuant to¶4(g) of this Agreement. If the Jurisdiction cancels
the election before its Section 20,Article X notices are due to the County and
prior to the County Clerk incurring any expenses for the printing of the
ballots, the Jurisdiction shall not be obligated for any expenses. The
Jurisdiction shall also be responsible for costs of recounts pursuant to C.R.S.
§ § 1-10-309, 1-10-303 or 1-11-215 unless otherwise provided pursuant to §
§ 1-10-304 and 304.5.
Designate an "election officer" who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
j. By approval of this Agreement, any municipality is resolving not to use the
provisions of the Municipal Election Code, except as otherwise set forth
herein or as its use is specifically authorized by the Code.
k. Mail notices pursuant to § 1-7-906(2) for active registered electors who do
not reside within the County or counties where the political subdivision is
located.
1. Carry out all actions necessary for cancellation of an election including
notice pursuant to C.R.S. § 1-5-208 and pay any costs incurred by
the County Clerk within 30 days of receipt of an invoice setting forth the costs
of the canceled election pursuant to C.R.S. 1-5-208(5).
4. Duties of County Clerk
Agrees to perform the following tasks and activities:
a. Except as otherwise expressly provided for in this Agreement, to act as the
designated election official for the conduct of the election for the Jurisdiction
Page 3 of 6
for all matters in the Code which require action by the designated election
official and as coordinated election official.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to C.R.S.
§ 1-7-905 and 906(1)and publish and post notice,as directed in C.R.S. § 1-5-
205. Publication by the County Clerk will only be in the County legal
newspaper and the Greeley Tribune and the designated election official is
responsible for any additional notices pursuant to ¶ 3g herein .
c. Provide a place for early voting and application for and issuance of absentee
ballots at 1402 N. 17th Avenue,Greeley,Colorado,at the office of the Weld
County Clerk and Recorder. Early voting shall take place during the hours
of 8:30 a.m. - 4:30 p.m., Monday - Friday starting October 18, 1999 and
ending October 29. 1999.
d. Give notice to Jurisdiction of the number of registered electors within the
Jurisdiction as of the effective date of cutoff for registration, identify the
members of the Board of Canvassers eligible for receiving a fee, and bill the
Jurisdiction.
e. Designate a "contact" to act as a primary liaison or contact between the
Jurisdiction and the County Clerk.
f. The County Clerk shall appoint and train election judges and this power shall
be delegated by the Jurisdiction to the County Clerk, to the extent required
or allowed by law.
g. Select and Appoint a Board of Canvassers to canvass the votes;provided that
the Jurisdiction, at its option, may designate one of its members and one
eligible elector from the jurisdictionto assist the County Clerk in the survey
of the returns for that jurisdiction. If the Jurisdiction desires to appoint one
of its members and an eligible elector to assist, it shall make those
appointments, and shall notify the County Clerk in writing of those
appointments not later than 15 days prior to the election. The County Clerk
shall receive and canvass all votes,and shall certify the results in the time and
manner provided and required by the Code. All recounts required by the
Code shall be conducted by the County Clerk in the time and manner
required by the Code.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the
Page 4 of 6
Code shall apply to completion of the tasks required by this Agreement.
b. Conflict of Agreement with law
This Agreement shall be interpreted to consistent with the Code, and
provisions of Title 31 and 22 applicable to the conduct of elections and 8
C.C.R. 1505-1. . Should there be irreconcilable conflicts between the
statutes,this agreement and the Colorado Regulations, the statutes shall first
prevail, then this agreement and lastly the Colorado Regulations.
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages,not as a penalty, refund all payments made, pursuant to
113 h of this Agreement and shall, if requested by the Jurisdiction, conduct
the next coordinated election which may include any election made necessary
by a defect in the election conducted pursuant to this Agreement with no fee
assessed to the Jurisdiction. This remedy shall be the sole and exclusive
remedy for damages available to the Jurisdiction under this Agreement.
d. No portion of this Agreement shall be deemed to create a cause of action with
respect to anyone not a party to this Agreement, nor is this Agreement
intended to waive any privileges or immunities the parties, their officers, or
employees may possess, except as expressly provided in this Agreement.
e. This constitutes the entire agreement of the parties and no amendment may
be made except in writing approved by the parties.
f. Notice shall be given by Jurisdiction to the Clerk at phone: (970)353-3840
Extension 3100, fax number: (970)353-1964, address: P.O. Box 459
Greeley, CO 80632; and the Jurisdiction notice shall be given to the
Jurisdiction at phone:(970)330-0208 fax: (970)330-9408
address: 2227 23rd Avenue, Greeley, CO 80634-6632
Page 5 of 6
DATED this /4 .4 day of Qufus/ , 1999.
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
J.A. "Suki" Tsukamot Barbara J. Kirkney4,dc
Chair grotem
(09/08/99)
APPROVED AS TO FORM: ATTEST: LI/
Clerk to the Board of Coun'
Le
o . y Attorney�� — Deputy Clerk to the Board � & �'�
(Jurisdiction)
(Title)
APPROVED AS TO FORM
ATTEST:
� /J ' /
//L -k l:'Wif t LU-/
(Title) Pre d
Attorney for Jurisdiction WELD LIBRARY DISTRICT BOARD OF TRUSTEES
M:\KSEILER\99OOORDI\99ELECM.LDM Page 6 of 6
WELD CO, CLIC & REC
1999 AUG 23 AM 9: 32
1999 Master
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
THOMPSON SCHOOL 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 2, 1999 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 2, 1999, and
WHEREAS,the Jurisdiction agrees to conduct a coordinated election with the County Clerk
acting as the coordinated election official, and
WHEREAS,the County Clerk is the"coordinated election official"pursuant to C.R.S. § 1-7-
116(2)and is to perform certain election services in consideration of performance by the Jurisdiction
of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30-
104(2), 22-31-103, and 29-1-203, et seq., C.R.S.
NOW,THEREFORE,in consideration of the mutual covenants herein, the parties agree as
follows:
1. TJ}e Jurisdiction! encompasses territory within Weld County and
CUwrn-Pt,- CY30-S014. t_ 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 2, 1999 election.
3. The Jurisdiction agrees to perform the following tasks and activities:
a. Conduct all procedures required of the clerk for initiatives, referenda, and
referred measures under the provisions of C.R.S. § § 31-11-101 through 117
and 22-30-104(4).
b. To do all tasks required by law of designated election officials concerning
nomination of candidates by petition, including, but not limited to: issue
approval as to form, where appropriate, of nominating petition; determine
candidate eligibility, receive candidate acceptance of nominations; accept
notice of intent,petitions for nomination,and affidavits of circulators; verify
signatures on nominating petitions; and hear any protests of the nominating
petitions, as said tasks are set forth in any applicable provisions of Title 1,
Article IV, Parts 8 and 9, § 1-4-501(1), § 22-31-107, C.R.S., and those
portions of the Colorado Municipal Election Code of 1965,Article X of Title
31 as adopted by reference pursuant to § 1-4-805, C.R.S.
c. Establish order of names and questions pursuant to § 1-5-406 for
Jurisdiction's portion of the ballot and submit to the County Clerk in final
form. The ballot content,including a list of candidates, ballot title, and text,
must be certified to the County Clerk no later than 55 days before the
election, pursuant to §§ 1-1-110(3) and 1-5-203(3), C.R.S.
d. Publish and post notices of election pursuant to § 1-5-205, C.R.S., and
include the information regarding the walk-in location address for application
or return of absentee ballots as set forth in paragraph 4.c of this Agreement.
e. Accept written comments for and against ballot issues pursuant to C.R.S. §§
1-7-901 and 1-40-125(2)(e). Comments to be accepted must be filed by the
end of the business day on the Friday before the 45th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to § I-7-903,C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 42 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
f. Accept affidavits of intent to accept write-in candidacy up until close of
business on August 30, 1999 and provide a list of valid affidavits received to
the County Clerk pursuant to C.R.S. §§ 1-4-1101 and 1102.
g. Publish or post within the jurisdiction any notices or ballots if required in
addition to County publications set forth in ¶ 4.b herein which notice may
incorporate the County Clerk's notice pursuant to C.R.S. 1-5-205 (1.2).
h. Pay the sum of$.50 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 2, 1999
Page 2 of 6
election, with a $200 minimum, within 30 days of billing, regardless of
whether or not the election is actually held. Notwithstanding the foregoing,
for any election which does not involve a ballot issue requiring Article X,
Section 20 notices,Jurisdiction shall be liable for $.30 per registered elector
eligible to vote in the Jurisdiction's election as of the final date of registration
prior to the November 2, 1999 election, with a $200 minimum, plus any
additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. In addition,
Jurisdiction shall also reimburse Clerk for payment of members of the Board
of Canvassers,eligible to be paid,the sum of$15 per day pursuant to C.R.S.
1-10-201(4) when the Jurisdiction designates persons for the Board of
Canvassers pursuant to¶4(g) of this Agreement. If the Jurisdiction cancels
the election before its Section 20,Article X notices are due to the County and
prior to the County Clerk incurring any expenses for the printing of the
ballots, the Jurisdiction shall not be obligated for any expenses. The
Jurisdiction shall also be responsible for costs of recounts pursuant to C.R.S.
§ § 1-10-309, 1-10-303 or 1-11-215 unless otherwise provided pursuant to §
§ 1-10-304 and 304.5.
Designate an"election officer" who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
j. By approval of this Agreement, any municipality is resolving not to use the
provisions of the Municipal Election Code, except as otherwise set forth
herein or as its use is specifically authorized by the Code.
k. Mail notices pursuant to § 1-7-906(2) for active registered electors who do
not reside within the County or counties where the political subdivision is
located.
1. Carry out all actions necessary for cancellation of an election including
notice pursuant to C.R.S. § 1-5-208 and pay any costs incurred by
the County Clerk within 30 days of receipt of an invoice setting forth the costs
of the canceled election pursuant to C.R.S. 1-5-208(5).
4. Duties of County Clerk
Agrees to perform the following tasks and activities:
a. Except as otherwise expressly provided for in this Agreement, to act as the
designated election official for the conduct of the election for the Jurisdiction
Page 3 of 6
for all matters in the Code which require action by the designated election
official and as coordinated election official.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to C.R.S.
§ 1-7-905 and 906(1)and publish and post notice,as directed in C.R.S. § 1-5-
205. Publication by the County Clerk will only be in the County legal
newspaper and the Greeley Tribune and the designated election official is
responsible for any additional notices pursuant to¶ 3g herein .
c. Provide a place for early voting and application for and issuance of absentee
ballots at 1402 N. 17th Avenue,Greeley,Colorado,at the office of the Weld
County Clerk and Recorder. Early voting shall take place during the hours
of 8:30 a.m. - 4:30 p.m., Monday - Friday starting October 18, 1999 and
ending October 29, 1999.
d. Give notice to Jurisdiction of the number of registered electors within the
Jurisdiction as of the effective date of cutoff for registration, identify the
members of the Board of Canvassers eligible for receiving a fee, and bill the
Jurisdiction.
e. Designate a "contact" to act as a primary liaison or contact between the
Jurisdiction and the County Clerk.
f The County Clerk shall appoint and train election judges and this power shall
be delegated by the Jurisdiction to the County Clerk, to the extent required
or allowed by law.
g. Select and Appoint a Board of Canvassers to canvass the votes;provided that
the Jurisdiction, at its option, may designate one of its members and one
eligible elector from the jurisdiction to assist the County Clerk in the survey
of the returns for that jurisdiction. If the Jurisdiction desires to appoint one
of its members and an eligible elector to assist, it shall make those
appointments, and shall notify the County Clerk in writing of those
appointments not later than 15 days prior to the election. The County Clerk
shall receive and canvass all votes,and shall certify the results in the time and
manner provided and required by the Code. All recounts required by the
Code shall be conducted by the County Clerk in the time and manner
required by the Code.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the
Page 4 of 6
Code shall apply to completion of the tasks required by this Agreement.
b. Conflict of Agreement with law
This Agreement shall be interpreted to consistent with the Code, and
provisions of Title 31 and 22 applicable to the conduct of elections and 8
C.C.R. 1505-1. . Should there be irreconcilable conflicts between the
statutes,this agreement and the Colorado Regulations, the statutes shall first
prevail, then this agreement and lastly the Colorado Regulations.
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages,not as a penalty, refund all payments made, pursuant to
113 h of this Agreement and shall, if requested by the Jurisdiction, conduct
the next coordinated election which may include any election made necessary
by a defect in the election conducted pursuant to this Agreement with no fee
assessed to the Jurisdiction. This remedy shall be the sole and exclusive
remedy for damages available to the Jurisdiction under this Agreement.
d. No portion of this Agreement shall be deemed to create a cause of action with
respect to anyone not a party to this Agreement, nor is this Agreement
intended to waive any privileges or immunities the parties, their officers, or
employees may possess, except as expressly provided in this Agreement.
e. This constitutes the entire agreement of the parties and no amendment may
be made except in writing approved by the parties.
f. Notice shall be given by Jurisdiction to the Clerk at phone: (970)353-3840
Extension 3100, fax number: (9701353-1964, address: P.O. Box 459
Greeley, CO 80632; and the Jurisdiction notice shall be given to the
Jurisdiction at phone:"170-413-5°g fax: i'7U -G/3 -50&,
address: ,5"35 iJ . D0 uy /a.s G o ve/and. C v epos-37
Page 5 of 6
DATED this /9 day of , 1999.
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTYOF WEL
J.A. Suki" Tsukamot-oo 4bL&Lrn
(09/08/99)
APPROVED AS TO FORM: ATTEST: Jl 4kg1E4,0
Clerk to the Board of County Co
Cou Attorney Deputy Clerk to the Board %�� 5 F1
11
(Jurisdiction) � •
(Title) .�rHadO Acton_Zit
APPROVED AS TO FORM
ATTEST:
24-7-eCf Zr � (Title) , —
Attorney for Jurisdiction ,�vim.,,_ Q
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OA/17/9P 10:36 FAX 3531964 WELD COUNTY CLERK & REC O 002
WELD CO, CLK & REC
1999 AUG 25 f'M 1: 14
INTERGOVERNMENTAL AGREEMENT
Regarding Article X,Section 20(3)(b)Notices
TABOR Notice
This Intergovernmental Agreement("Agreement")is made and entered into this 17th day
of August , 1999, by and between the Weld County Clerk and Recorder"County" Clerk and
the Weld County Board of County Commissioners,Weld County,Colorado, collectively
("County") and CITY F .V NS collectively all referred to herein as the"Parties,"for the
administration of their respective duties concerning distribution of notices concerning certain
ballot issues required pursuant to Colorado Constitution, Article X, Section 20(3)(b)and the
Uniform Election Code of 1992 ("The Code").
WITNESSETH
WHEREAS,pursuant to Colorado Constitution Article XIV, Section 18(2)(a), and
Section 29-1-103,C.R.S., as amended,the"County"and the"Jurisdiction"may cooperate or
contract with each other to provide any function,service or facility lawfully authorized to each,
and any such contract may provide for the sharing of costs,and the Code provides for the
agrements between jurisdictions to perform election functions at C.R.S. Secitons 1-7-116(2)and
1-1-111(3).
• WHEREAS, Colorado Constitution Article X, Section 20 as implemented by C.R.S.
1-40-125, and 1-7-901,et seq. requires the production of a mailed notice("TABOR notice")
concerning certain ballot issues that will be submitted to the electors of"Jurisdiction."
WHEREAS,this Jurisdiction has not requested the County Clerk to administer the
election as a full coordinated election administered by the Weld County Clerk and Recorder.
WHEREAS,the TABOR notices of several jurisdictions are to be sent as a package
Page 1 of 5
08/17/99 10:36 FAX 3531964 WELD COUNTY CLERK & REC V]003
where jurisdictions overlap("TABOR notice package"); and
WHEREAS,the need to produce the TABOR notice package requires that there be
county-wide coordination of the production and mailing of the TABOR notice package to
effectuate the purposes of said constitutional section;and
WHEREAS,the"County"and the"Jurisdiction"desire to set forth their respective
responsibilities in the production and mailing of the TABOR notice package in connection with
the election to be held on November 2, 1999.
NOW THEREFORE,the Parties agree as follows:
1. The County Clerk shall perform the following services and activities for the
Jurisdictions election:
a Determine the"least cost"method for filing the TABOR notice package.
b. Combine the text of the TABOR notice produced by the Jurisdiction with
those of other jurisdictions to produce the TABOR notice package. The
County Clerk may determine the order of the TABOR notice submittal by
the Jurisdiction and those of other jurisdictions to be included in the
TABOR notice package;provided,however,that the materials supplied by
the Jurisdiction shall be kept together as a group and in the same order
supplied by the Jurisdiction.
c. Address the package to"All Registered Voters" at each address of one or
more active registered electors of the Jurisdiction. Nothing herein shall
preclude the County Clerk from sending the TABOR notice or notice
package to persons other than electors of the Jurisdiction if such sending
Page 2 of 5
08/17/99 10:37 FAX 3531964 WELD COUNTY CLERK & REC [in004
arises from the County Clerk's efforts to mail the TABOR notice package
at"least cost"
d. Mail the TABOR notice package, as required by the Uniform Election
Code of 1992("Code") specifically including C.R.S. Section 1-40-125 and
1-7-906(1).
e. Provide the Jurisdiction with an itemized statement showing the
Jurisdiction's proportional share of the actual cost of performing the
services described herein.
2. The Jurisdiction shall perform the following activities:
a Accept written comments and transmit to the County Clerk the final text
and order of all required TABOR notices concerning Jurisdiction ballot
issues in the time and manner required by the Code at C.R.S. Section
1-7-901 through 904.
b. Pay the Jurisdiction's proportional share of the actual costs shown in the
itemized statement provided to the Jurisdiction by the County Clerk either
directly to the County Clerk or to such vendors or subcontractors as the
County Clerk may designate.
c. Mail notice,if required,to any active registered electors who do not reside
within the County of Weld pursuant to Section 1-7-906(2), C.R.S.
3. As used in this agreement,"proportional share of the actual costs"shall mean an
amount calculated as follows: Twenty cents per registered elector residing within
that portion of the Jurisdiction within Weld County,with a$100 minimum,
Page 3 of 5
08/17/99 10:37 FAX 3531964 WELD COUNTY CLERK & REC 005
provided further that if no registered electors of the Jurisdiction reside within
Weld County,there shall be no charge. Registered voters shall be determined as
of the cut-off date for eligibility to vote in the election.
4. General provisions:
a. No portion of this Agreement shall be deemed to create a cause of action
with respect to anyone not a party to this Agreement,nor is this
Agreement intended to waive any privileges or immunities the parties,
their officers, or employees may possess, except as expressly provided in
this Agreement.
b. This constitutes the entire agreement of the parties and no amendment may
be made except in writing approved by the parties.
c. Notice shall be given by the Jurisdiction to the County Clerk at phone:
(970) 353-3840,extension 3100; fax number(970)353-1964; address P.O.
Box 459,Greeley, Colorado 80632. Notice shall be given by the County
to the Jurisdiction to Kim Betz , City Clerk •
Phone: (970)339-5344 x. 104
Fax Number: (970) 330-3472
Address: 1100 37th Street
Evans CO 80620
d. The Election Resolution for the Jurisdiction shall be attached hereto and
incorporated herein.
Page 4 of 5
CITY OF EVANS, COLORADO
RESOLUTION NO. 46-1999
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE COUNTY OF WELD AND THE CITY OF EVANS
CONCERNING MAILING TABOR NOTICES FOR THE MAIL BALLOT
ELECTION SCHEDULED FOR NOVEMBER 2, 1999
WHEREAS, on November 2, 1999, a mail ballot election will be held for the purpose of
issuing debt for a special improvement district; and
WHEREAS, pursuant to the Colorado Constitution Article X, Section 20 as implemented by
C.R.S. 1-40-125 and 1-7-901 et seq. requires the production of a mailed notice ("TABOR notice")
concerning ballot issues that will be submitted to the electors; and
WHEREAS, the City of Evans has not requested the County Clerk to administer the election
as a full coordinated election; and
WHEREAS, the TABOR notices of several jurisdictions are to be sent as a package where
jurisdictions overlap; and
WHEREAS, the need to produce the TABOR notice package requires that there be county-
wide coordination of the production and mailing of the TABOR notice package to effectuate the
purpose of said constitutional section.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EVANS, COLORADO:
1. The recitals above set forth are incorporated herein by reference for all purposes as
though set forth in full.
2. The Intergovernmental Agreement attached hereto is approved and the Mayor and
City Clerk are authorized and directed to execute such agreement.
PASSED AND APPROVED at a regular meeting of the City Council of the City of Evans
on this, 17th day of August , 1999.
ATTEST: CITY OF EVANS, COLORADO
By —7/ -
City Clerk Mayor
08/17/99 10:37 FAX 3531964 WELD COUNTY CLERK & REC f)O06
IN WITNESS WHEREOF,the Parties hereto have signed this Agreement to be effective as of
the date first written above.
i WELD CO TY,COLORADO
•
Designated Election Offici D J.A." uki"Tsulam
B,TTEST: BY• ar isa-- �1?wit/1rbara J. Kirkme?wit/1r
Chair 2rotem (09/08/99
M
0 ATTEST: lirtze E
Deputy Clerk to the Board� '%�7i► S�
APPROVED S T E AL FORM: 14e.,
At-ton-fey fox . diction
Weld unty Attorney
iatnotice.db
•
M:1KUMER199COORDn991A9NOY.Dn Page 5 of 5
INTERGOVERNMENTAL AGREEMENT -
Regarding Article X, Section 20(3)(b)NOtices
TABOR Notice • ", 27
This Intergovernmental Agreement ("Agreement") is made and entered into this J2 ay
of ""J , , 1999, by and between the Weld County Clerk and Recorder"County" Clerk and
the Weld County Board of County Commissioners, Weld County, Colorado, collectively
("County") and CITY OF NORTHGLENN, collectively all referred to herein as the "Parties," for
the administration of their respective duties concerning distribution of notices concerning certain
ballot issues required pursuant to Colorado Constitution, Article X, Section 20(3)(b) and the
Uniform Election Code of 1992 ("The Code").
WITNESSETH
WHEREAS, pursuant to Colorado Constitution Article XIV, Section 18(2)(a), and
Section 29-1-103, C.R.S., as amended, the "County" and the "Jurisdiction" may cooperate or
contract with each other to provide any function, service or facility lawfully authorized to each,
and any such contract may provide for the sharing of costs, and the Code provides for the
agrements between jurisdictions to perform election functions at C.R.S. Secitons 1-7-116(2) and
1-1-111(3).
WHEREAS, Colorado Constitution Article X, Section 20 as implemented by C.R.S.
1-40-125, and 1-7-901, et seq. requires the production of a mailed notice ("TABOR notice")
concerning certain ballot issues that will be submitted to the electors of"Jurisdiction."
WHEREAS, this Jurisdiction has not requested the County Clerk to administer the
election as a full coordinated election administered by the Weld County Clerk and Recorder.
WHEREAS, the TABOR notices of several jurisdictions are to be sent as a package
Page 1 of 5
where jurisdictions overlap ("TABOR notice package"); and
WHEREAS, the need to produce the TABOR notice package requires that there be
county-wide coordination of the production and mailing of the TABOR notice package to
effectuate the purposes of said constitutional section; and
WHEREAS, the "County" and the "Jurisdiction" desire to set forth their respective
responsibilities in the production and mailing of the TABOR notice package in connection with
the election to be held on November 2, 1999.
NOW THEREFORE,the Parties agree as follows:
1. The County Clerk shall perform the following services and activities for the
Jurisdictions election:
a. Determine the "least cost" method for filing the TABOR notice package.
b. Combine the text of the TABOR notice produced by the Jurisdiction with
those of other jurisdictions to produce the TABOR notice package. The
County Clerk may determine the order of the TABOR notice submittal by
the Jurisdiction and those of other jurisdictions to be included in the
TABOR notice package; provided, however, that the materials supplied by
the Jurisdiction shall be kept together as a group and in the same order
supplied by the Jurisdiction.
c. Address the package to "All Registered Voters" at each address of one or
more active registered electors of the Jurisdiction. Nothing herein shall
preclude the County Clerk from sending the TABOR notice or notice
package to persons other than electors of the Jurisdiction if such sending
Page 2 of 5
arises from the County Clerk's efforts to mail the TABOR notice package
at"least cost."
d. Mail the TABOR notice package, as required by the Uniform Election
Code of 1992 ("Code") specifically including C.R.S. Section 1-40-125 and
1-7-906(1).
e. Provide the Jurisdiction with an itemized statement showing the
Jurisdiction's proportional share of the actual cost of performing the
services described herein.
2. The Jurisdiction shall perform the following activities:
a Accept written comments and transmit to the County Clerk the final text
and order of all required TABOR notices concerning Jurisdiction ballot
issues in the time and manner required by the Code at C.R.S. Section
1-7-901 through 904.
b. Pay the Jurisdiction's proportional share of the actual costs shown in the
itemized statement provided to the Jurisdiction by the County Clerk either
directly to the County Clerk or to such vendors or subcontractors as the
County Clerk may designate.
c. Mail notice, if required, to any active registered electors who do not reside
within the County of Weld pursuant to Section 1-7-906(2), C.R.S.
3. As used in this agreement, "proportional share of the actual costs" shall mean an
amount calculated as follows: Twenty cents per registered elector residing within
that portion of the Jurisdiction within Weld County, with a $100 minimum,
Page 3 of 5
provided further that if no registered electors of the Jurisdiction reside within
Weld County, there shall be no charge. Registered voters shall be determined as
of the cut-off date for eligibility to vote in the election.
4. General provisions:
a. No portion of this Agreement shall be deemed to create a cause of action
with respect to anyone not a party to this Agreement, nor is this
Agreement intended to waive any privileges or immunities the parties,
their officers, or employees may possess, except as expressly provided in
this Agreement.
b. This constitutes the entire agreement of the parties and no amendment may
be made except in writing approved by the parties.
c. Notice shall be given by the Jurisdiction to the County Clerk at phone:
(970) 353-3840, extension 3100; fax number(970) 353-1964; address P.O.
Box 459, Greeley, Colorado 80632. Notice shall be given by the County
to the Jurisdiction to
Phone:
Fax Number:
Address:
d. The Election Resolution for the Jurisdiction shall be attached hereto and
incorporated herein.
Page 4 of 5
IN WITNESS WHEREOF, the Parties hereto have signed this Agreement to be effective as of
the date first written above.
CITY OF NORTHGLENN, COLORADO
WELD OUNTY, COLORADO
B
By: �bj `
�oa2y
D.L. Parsons, Mayor •
IA" uki" Tsukamoto
City of Northglenn f
ATTEST: BY:
ar ara J. Kirkmey r
Chair PrRtem (09108/99) }�� p
Diana L. Lentz, CMC �`�� llla
City Clerk ATTEST: MOB/i�
Designated Election Official
inct � <O Qv
Deputy Clerk to the Boar.
APPROVED AS TO LEGAL FORM:
Attorney for Jurisdiction
Herbert d./Phillips , City Attorney
W County Attorney
•
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WELD CO. CLK & REC
1 AUG Ma r AN H- 07
1999
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 2, 1999 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 2, 1999, and
WHEREAS,the Jurisdiction agrees to conduct a coordinated election with the County Clerk
acting as the coordinated election official, and
WHEREAS,the County Clerk is the"coordinated election official"pursuant to C.R.S. § 1-7-
116(2)and is to perform certain election services in considerationof performance by the Jurisdiction
of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30-
104(2), 22-31-103, and 29-1-203, et seq., C.R.S.
NOW,THEREFORE,in consideration of the mutual covenants herein, the parties agree as
follows:
1. The Jurisdiction encompasses territory within Weld County and
County(ies). This Agreement shall be
construed to apply only to that portion of the Jurisdiction within Weld County.
2. Term of Agreement: This Agreement is intended only to deal with the conduct of the
November 2, 1999 election.
3. The Jurisdiction agrees to perform the following tasks and activities:
a. Conduct all procedures required of the clerk for initiatives, referenda, and
referred measures under the provisions of C.R.S. § § 31-11-101 through 117
and 22-30-104(4).
b. To do all tasks required by law of designated election officials concerning
nomination of candidates by petition, including, but not limited to: issue
approval as to form, where appropriate, of nominating petition; determine
candidate eligibility, receive candidate acceptance of nominations; accept
notice of intent,petitions for nomination,and affidavits of circulators; verify
signatures on nominating petitions; and hear any protests of the nominating
petitions, as said tasks are set forth in any applicable provisions of Title 1,
Article IV, Parts 8 and 9, § 1-4-501(1), § 22-31-107, C.R.S., and those
portions of the Colorado Municipal Election Code of 1965,Article X of Title
31 as adopted by reference pursuant to § 1-4-805, C.R.S.
c. Establish order of names and questions pursuant to § 1-5-406 for
Jurisdiction's portion of the ballot and submit to the County Clerk in final
form. The ballot content,including a list of candidates, ballot title, and text,
must be certified to the County Clerk no later than 55 days before the
election, pursuant to §§ 1-1-110(3) and 1-5-203(3), C.R.S.
d. Publish and post notices of election pursuant to § 1-5-205, C.R.S., and
include the information regarding the walk-in location address for application
or return of absentee ballots as set forth in paragraph 4.c of this Agreement.
e. Accept written comments for and against ballot issues pursuant to C.R.S. §§
1-7-901 and 1-40-125(2)(e). Comments to be accepted must be filed by the
end of the business day on the Friday before the 45th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to § 1-7-903,C.K.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 42 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
f. Accept affidavits of intent to accept write-in candidacy up until close of
business on August 30, 1999 and provide a list of valid affidavits received to
the County Clerk pursuant to C.R.S. §§ 1-4-1101 and 1102.
g. Publish or post within the jurisdiction any notices or ballots if required in
addition to County publications set forth in¶ 4.b herein which notice may
incorporate the County Clerk's notice pursuant to C.R.S. 1-5-205 (1.2).
h. Pay the sum of$.50 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 2, 1999
Page 2 of 6
election, with a $200 minimum, within 30 days of billing, regardless of
whether or not the election is actually held. Notwithstanding the foregoing,
for any election which does not involve a ballot issue requiring Article X,
Section 20 notices,Jurisdiction shall be liable for $.30 per registered elector
eligible to vote in the Jurisdiction's election as of the final date of registration
prior to the November 2, 1999 election, with a $200 minimum, plus any
additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. In addition,
Jurisdiction shall also reimburse Clerk for payment of members of the Board
of Canvassers,eligible to be paid,the sum of$15 per day pursuant to C.R.S.
1-10-201(4) when the Jurisdiction designates persons for the Board of
Canvassers pursuant to¶4(g) of this Agreement. If the Jurisdiction cancels
the election before its Section 20,Article X notices are due to the County and
prior to the County Clerk incurring any expenses for the printing of the
ballots, the Jurisdiction shall not be obligated for any expenses. The
Jurisdiction shall also be responsible for costs of recounts pursuant to C.R.S.
§ § 1-10-309, 1-10-303 or 1-11-215 unless otherwise provided pursuant to §
§ 1-10-304 and 304.5.
Designate an `election officer" who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
By approval of this Agreement, any municipality is resolving not to use the
provisions of the Municipal Election Code, except as otherwise set forth
herein or as its use is specifically authorized by the Code.
k. Mail notices pursuant to § 1-7-906(2) for active registered electors who do
not reside within the County or counties where the political subdivision is
located.
1. Carry out all actions necessary for cancellation of an election including
notice pursuant to C.R.S. § 1-5-208 and pay any costs incurred by
the County Clerk within 30 days of receipt of an invoice setting forth the costs
of the canceled election pursuant to C.R.S. 1-5-208(5).
4. Duties of County Clerk
Agrees to perform the following tasks and activities:
a. Except as otherwise expressly provided for in this Agreement, to act as the
designated election official for the conduct of the election for the Jurisdiction
Page 3 of 6
for all matters in the Code which require action by the designated election
official and as coordinated election official.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to C.R.S.
§ 1-7-905 and 906(1)and publish and post notice,as directed in C.R.S. § 1-5-
205. Publication by the County Clerk will only be in the County legal
newspaper and the Greeley Tribune and the designated election official is
responsible for any additional notices pursuant to ¶ 3g herein .
c. Provide a place for early voting and application for and issuance of absentee
ballots at 1402 N. 17th Avenue,Greeley,Colorado,at the office of the Weld
County Clerk and Recorder. Early voting shall take place during the hours
of 8:30 a.m. - 4:30 p.m., Monday - Friday starting October 18, 1999 and
ending October 29, 1999.
d. Give notice to Jurisdiction of the number of registered electors within the
Jurisdiction as of the effective date of cutoff for registration, identify the
members of the Board of Canvassers eligible for receiving a fee, and bill the
Jurisdiction.
e. Designate a "contact" to act as a primary liaison or contact between the
Jurisdiction and the County Clerk.
F The County Clerk shall appoint and train election judges and this power shall
be delegated by the Jurisdiction to the County Clerk, to the extent required
or allowed by law.
g. Select and Appoint a Board of Canvassers to canvass the votes;provided that
the Jurisdiction, at its option, may designate one of its members and one
eligible elector from the jurisdiction to assist the County Clerk in the survey
of the returns for that jurisdiction. If the Jurisdiction desires to appoint one
of its members and an eligible elector to assist, it shall make those
appointments, and shall notify the County Clerk in writing of those
appointments not later than 15 days prior to the election. The County Clerk
shall receive and canvass all votes,and shall certify the results in the time and
manner provided and required by the Code. All recounts required by the
Code shall be conducted by the County Clerk in the time and manner
required by the Code.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the
Page 4 of 6
Code shall apply to completion of the tasks required by this Agreement.
b. Conflict of Agreement with law
This Agreement shall be interpreted to consistent with the Code, and
provisions of Title 31 and 22 applicable to the conduct of elections and 8
C.C.R. 1505-1. . Should there be irreconcilable conflicts between the
statutes,this agreement and the Colorado Regulations, the statutes shall first
prevail, then this agreement and lastly the Colorado Regulations.
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages,not as a penalty, refund all payments made, pursuant to
¶ 3 h of this Agreement and shall, if requested by the Jurisdiction, conduct
the next coordinated election which may include any election made necessary
by a defect in the election conducted pursuant to this Agreement with no fee
assessed to the Jurisdiction. This remedy shall be the sole and exclusive
remedy for damages available to the Jurisdiction under this Agreement.
d. No portion of this Agreement shall be deemed to create a cause of action with
respect to anyone not a party to this Agreement, nor is this Agreement
intended to waive any privileges or immunities the parties. their officers, or
employees may possess, except as expressly provided in this Agreement.
e. This constitutes the entire agreement of the parties and no amendment may
be made except in writing approved by the parties.
f. Notice shall be given by Jurisdiction to the Clerk at phone: (970)353-3840
Extension 3100, fax number: (970)353-1964, address: P.O. Box 459
Greeley, CO 80632; and the Jurisdiction notice shall be given to the
Jurisdiction at phone: fax:
address:
Page 5 of 6
DATED this 8th day of September , 1999.
WELD COUNTY CLERIC& RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WEL
n
i" Tsu a11 " Barbara J. Kirkm yer, Chatem
(09/08/99)
rs�
APPROVED AS TO/FORM: ATTEST: ILI � � E14a�,ib: .
Clerk to the Board of County
C
✓ _ _ IQYLP.c_z__
Canty omey / Deputy Clerk to the Boardb. k
(Jurisdiction),,�y47/_
Ro ones
City of Fort Lupton
(Title)_ Mayor
APPROVED AS TO FORM
ATTEST:
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(Title)—!� �c2 r Ct' /6. ,.
Attorney for Jurisdiction Barbara Rodgers, City Clerk
T. William Wallace
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