HomeMy WebLinkAbout961702.tiff 1996 Master
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
New Raymer/Stoneham Fire Protection District,hereinafter referred to as"Jurisdiction",does
hereby agree and contract with the Board of County Commissioners of the County of Weld,
hereinafter referred to as "Commissioners", and the Weld County Clerk and Recorder, hereinafter
referred to as "County Clerk",concerning the administration of the November 5, 1996 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 5, 1996, 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), 1-7-116,22-31-103,
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 5, 1996 election.
3. The Jurisdiction agrees to perform the following tasks and activities:
a. Receive initiated petitions for local ballot issues where authorized by law,
pursuant to § 1-40-109(2), C.R.S., and make determinations as to form.
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961702
b. Check signatures on initiated petitions and determine and issue, where
appropriate, a statement of sufficiency,pursuant to § 1-40-118(1), C.R.S.or
pursuant to local Charter.
c. Defend against protests filed with the District Court, pursuant to § 1-40-118
through 120, C.R.S.
d. To do all tasks required by law of designated election officials concerning
nomination of candidates by petition, including, but not limited to: issue
approval as to form, where appropriate, of nominating petition; receive
candidate acceptance of nominations; accept notice of intent, petitions for
nomination, and affidavits of circulators; verify signatures on nominating
petitions; and hear any protests of the nominating petitions, as said tasks are
set forth in any applicable provisions of Title 1, Article IV, Parts 8 and 9, §
22-31-107, C.R.S., and those portions of the Colorado Municipal Election
Code of 1965,Article X of Title 31 as adopted by reference pursuant to § 1-
4-805, C.R.S.
e. Establish order of names and questions 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
at least 55 days prior to the election, pursuant to §§ 1-1-110(3) and 1-5-
203(3), C.R.S.
f. 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.
g. Accept written comments for and against ballot issues pursuant to C.R.S. §§
1-7-901 and 1-40-125(2)(e). Comments to be accepted must be filed by the
end of the business day on the Friday before the 30th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to § 1-7-903, C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 25 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
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h. Accept affidavits of intent to accept write-in candidacy and provide a list of
valid affidavits received to the County Clerk pursuant to C.R.S. §§ 1-4-1101
and 1102.
Prepare text, identify number and place for publication of measures and/or
notice of election and mailing,as required,and advise County Clerk pursuant
to C.R.S. § 1-40-125, 8 C.C.R. 1505-1 § 5.6.1., and §§ 1-7-905 and 1-7-
906(1).
j. Pay the sum of$.25 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 5, 1996
election, with a $200 minimum, within 30 days of billing, regardless of
whether or not the election is actually held. Notwithstanding the foregoing,
for any election which does not involve a ballot issue requiring Article X,
Section 20 notices,Jurisdiction shall be liable for$.15 per registered elector
eligible to vote in the Jurisdiction's election as of the final date of registration
prior to the November 5, 1996 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.
k. 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.
1. 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.
m. 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.
n. Carry out all actions necessary for cancellation of an election including notice
pursuant to C.R.S. § 1-11-103.
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o. Prepare Article X, Section 20, Colorado Constitution notices and submit
them to the County Clerk at least 25 days prior to the election. Prepare text,
identify number and place for publication of measures,ordinances and/or
notice of election, if required, and advise County Clerk pursuant to C.R.S.
§ 1-40-124,129(2) and 8 C.C.R. 1505-1 § 5.6.1.
4. Duties of County Clerk
Agrees to perform the following tasks and activities:
a. Except as otherwise expressly provided for in this Agreement, to act as the
designated election official for the conduct of the election for the Jurisdiction
for all matters in the Code which require action by the designated election
official and as coordinated election official.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to C.R.S.
§ 1-7-905 and 906O)and publish and post notice, as directed in C.R.S. § 1-5-
205.
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 15, 1996 and
ending November 1, 1996.
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
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appointments not later than 15 days prior to the election. The County Clerk
shall receive and canvass all votes, and shall certify the results in the time and
manner provided and required by the Code. All recounts required by the
Code shall be conducted by the County Clerk in the time and manner
required by the Code.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the
Code shall apply to completion of the tasks required by this Agreement.
b. Conflict of Agreement with law
Portions of 8 C.C.R. 1505-1 may be inconsistent with the Code as amended
in which case the provisions of the Code shall prevail.
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages,not as a penalty, refund all payments made, pursuant to
paragraph 3k of this Agreement and shall, if requested by the Jurisdiction,
conduct the next coordinated election which may include any election made
necessary by a defect in the election conducted pursuant to this Agreement
with no fee assessed to the Jurisdiction. This remedy shall be the sole and
exclusive remedy for damages available to the Jurisdiction under this
Agreement.
d. No portion of this Agreement shall be deemed to create a cause of action with
respect to anyone not a party to this Agreement, nor is this Agreement
intended to waive any privileges or immunities the parties, their officers, or
employees may possess, except as expressly provided in this Agreement.
e. This constitutes the entire agreement of the parties and no amendment may
be made except in writing approved by the parties.
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f. Notice shall be given by Jurisdiction to the Clerk at phone: 353-3840
Extension 3100,fax number: 353-1964,address: P.O. Box 459.Greeley. CO
80632; and the Jurisdiction notice shall be given to the Jurisdiction at phone:
, fax:
address:
DATED this �j day of jt/' ' " , 1996.
WELD COUNTY CLERK& RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
tr
Olitkic
A. "Suki" Tsukamoto �,,.,�' Barbara J. Kirkmeyer, Chairman O 09/4,/ny
154 ge,ZA
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APPROVED AS TO FORM: Mar?.y :ST: 'h, /�� GGL4• o the Board of County Commissioners
Co A tto - Deputy Clerk A. the Board
(Jurisdiction) �Q� ( 44). ,�
(Title) ((//
APPROVED AS TO FORM
ATTEST:
(Title)
Attorney for Jurisdiction
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