HomeMy WebLinkAbout952134.tiff1995 Master
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
Town of Platteville, hereinafter referred to as "Jurisdiction", does hereby agree and contract
with the Board of County Commissioners of the County of Weld, hereinafter referred to as
"Commissioners", and the Weld County Clerk and Recorder, hereinafter referred to as "County
Clerk", concerning the administration of the November 7, 1995 coordinated election conducted
pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and
regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to
address or modify statutory provisions regarding voter registration, or to address or modify the
County Clerk's duties thereunder.
WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority
or to have certain items placed on the ballot at an election pursuant to its statutory authority, such
election to occur via polling place on November 7, 1995, and
WHEREAS, the Jurisdiction agrees to conduct a coordinated election with the County Clerk
acting as the coordinated election official, and
WHEREAS, the County Clerk is the "coordinated election official" pursuant to C.R.S. § 1-7-
116(1) and is to perform certain election services in consideration of performance by the Jurisdiction
of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§ 1-7-116, 22-31-103, and 29-1-
203, et seq., C.R.S.
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as
follows:
1. The Jurisdiction encompasses territory within Weld County and
N/A County(ies). This Agreement shall be
construed to apply only to that portion of the Jurisdiction within Weld County.
2. Term of Agreement: This Agreement is intended only to deal with the conduct of the
November 7, 1995 election.
3. The Jurisdiction agrees to perform the following tasks and activities:
a. Receive initiated petitions for local ballot issues where authorized by law,
pursuant to § 1-40-109(2), C.R.S., and make determinations as to form.
Page 1 of 6
c521Z4
c Rooia
b. Check signatures on initiated petitions and determine and issue, where
appropriate, a statement of sufficiency, pursuant to § 1-40-118(1), C.R.S.or
pursuant to local Charter.
c. Defend against protests filed with the District Court, pursuant to § 1-40-118
through 120, C.R.S.
d. Publish notice of a call for nominations for non-partisan elections, where
applicable, pursuant to § 1-5-204, C.R.S.
e. To do all tasks required by law of designated election officials concerning
nomination of candidates by petition, including, but not limited to: issue
approval as to form, where appropriate, of nominating petition; receive
candidate acceptance of nominations; accept notice of intent, petitions for
nomination, and affidavits of circulators; verify signatures on nominating
petitions; and hear any protests of the nominating petitions, as said tasks are
set forth in any applicable provisions of Title 1, Article IV, Parts 8 and 9, §
22-31-107, C.R.S., and those portions of the Colorado Municipal Election
Code of 1965, Article X of Title 31 as adopted by reference pursuant to § 1-
4-805, C.R.S.
f. Establish order of names and questions for Jurisdiction's portion of the ballot
and submit to the County Clerk. The ballot content, including a list of
candidates, ballot title, and text, must be certified to the County Clerk at least
55 days prior to the election, pursuant to §§ 1-1-110(3) and 1-5-203(3),
C.R.S.
g.
Publish and post notices of election pursuant to § 1-5-205, C.R.S., and
include the information regarding the walk-in location address for application
or return of absentee ballots as set forth in paragraph 4.c of this Agreement.
h. Accept written comments for and against ballot issues pursuant to C.R.S. §§
1-7-901 and 1-40-125(2)(e). Comments to be accepted must be filed by the
end of the business day on the Friday before the 30th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to § 1-7-903, C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 25 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
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95234
Accept affidavits of intent to accept write-in candidacy and provide a list of
valid affidavits received to the County Clerk pursuant to C.R.S. §§ 1-4-1101
and 1102.
Prepare text, identify number and place for publication of measures and/or
notice of election and mailing, as required, and advise County Clerk pursuant
to C.R.S. § 1-40-125, 8 C.C.R. 1505-1 § 5.6.1., and §§ 1-7-905 and 1-7-
906(1).
k. Pay the sum of $.25 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 7, 1995
election, with a $200 minimum, within 30 days of billing, regardless of
whether or not the election is actually held. Notwithstanding the foregoing,
for any election which does not involve a ballot issue requiring Article X,
Section 20 notices, Jurisdiction shall be liable for $.15 per registered elector
eligible to vote in the Jurisdiction's election as of the final date of registration
prior to the November 7, 1995 election, with a $200 minimum, plus any
additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. In addition,
Jurisdiction shall also reimburse Clerk for payment of members of the Board
of Canvassers, eligible to be paid, the sum of $15 per day pursuant to C.R.S.
1-10-201(4) when the Jurisdiction designates persons for the Board of
Canvassers pursuant to § 4(g) of this Agreement. If the Jurisdiction cancels
the election before its Section 20, Article X notices arc due to the County and
prior to the County Clerk incurring any expenses for the printing of the
ballots, the Jurisdiction shall not be obligated for any expenses.
Designate an "election officer" who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
m. By approval of this Agreement, any municipality is resolving not to use the
provisions of the Municipal Election Code, except as otherwise set forth
herein or as its use is specifically authorized by the Code.
n. Mail notices pursuant to § 1-7-906(2) for active registered electors who do
not reside within the County or counties where the political subdivision is
located.
o. Carry out all actions necessary for cancellation of an election including notice
pursuant to C.R.S. § 1-11-103.
Page 3 of 6
352.34
P.
Prepare Article X, Section 20, Colorado Constitution notices and submit
them to the County Clerk at least 25 days prior to the election. Prepare text,
identify number and place for publication of measures,ordinances and/or
notice of election, if required, and advise County Clerk pursuant to C.R.S.
§ 1-40-124,129(2) and 8 C.C.R. 1505-1 § 5.6.1.
4. Duties of County Clerk
Agrees to perform the following tasks and activities:
a. Except as otherwise expressly provided for in this Agreement, to act as the
designated election official for the conduct of the election for the Jurisdiction
for all matters in the Code which require action by the designated election
official and as coordinated election official.
b. Circulate the Article X, Section 20. Ballot Issues notices pursuant to C.R.S.
§ 1-7-905 and 906(1) and provide for their publication as directed by the
Jurisdiction. Provide postcard or publication notice, if required under C.R.S.
§ 1-5-206, as directed by the Jurisdiction.
c. Provide a place for early voting and application for and issuance of absentee
ballots at 1402 N. 17th Avenue, Greeley, Colorado, at the office of the Weld
County Clerk and Recorder. Early voting shall take place during the hours
of 8:30 a.m. - 4:30 p.m., Monday - Friday starting October 16, 1995 and
ending November 3, 1995.
d. Give notice to Jurisdiction of the number of registered electors within the
Jurisdiction as of the effective date of cutoff for registration, identify the
members of the Board of Canvassers eligible for receiving a fee, and bill the
Jurisdiction.
e. Designate a "contact" to act as a primary liaison or contact between the
Jurisdiction and the County Clerk.
f. The County Clerk shall appoint and train election judges and this power shall
be delegated by the Jurisdiction to the County Clerk, to the extent required
or allowed by law.
g.
Select and Appoint a Board of Canvassers to canvass the votes; provided that
the Jurisdiction, at its option, may designate one of its members and one
eligible elector from the jurisdiction to assist the County Clerk in the survey
of the returns for that jurisdiction. If the Jurisdiction desires to appoint one
of its members and an eligible elector to assist, it shall make those
Page 4 of 6
352134
appointments, and shall notify the County Clerk in writing of those
appointments not later than 15 days prior to the election. The County Clerk
shall receive and canvass all votes, and shall certify the results in the time and
manner provided and required by the Code. All recounts required by the
Code shall be conducted by the County Clerk in the time and manner
required by the Code.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the
Code shall apply to completion of the tasks required by this Agreement.
b. Conflict of Agreement with law
Portions of 8 C.C.R. 1505-1 may be inconsistent with the Code as amended
in which case the provisions of the Code shall prevail.
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages, not as a penalty, refund all payments made, pursuant to
paragraph 3k of this Agreement and shall, if requested by the Jurisdiction,
conduct the next coordinated election which may include any election made
necessary by a defect in the election conducted pursuant to this Agreement
with no fee assessed to the Jurisdiction. This remedy shall be the sole and
exclusive remedy for damages available to the Jurisdiction under this
Agreement.
d. No portion of this Agreement shall be deemed to create a cause of action with
respect to anyone not a party to this Agreement, nor is this Agreement
intended to waive any privileges or immunities the parties, their officers, or
employees may possess, except as expressly provided in this Agreement.
e. This constitutes the entire agreement of the parties and no amendment may
be made except in writing approved by the parties.
Page 5 of 6
952134
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:
785-2245 , fax: 785-2144
address: P 0 Box 70, Platteville, CO 80651-0070
DATED this /6( day of4„,,.je,,/ , 1995.
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
J.A. "Suki" Tsukamoto Dale K Hall, Chairman
APPROVED AS TO FORM: ATTEST:
Clerk to the Board of County Commissioners
County Attorney Deputy Clerk to the Board
APPROVED AS TO FORM
Attorney for Jurisdiction
TOWN OF PLATTEVILLE
(Jurisdiction)
ATTEST:
(Title) DEPUTY TOWN fl FRK
C:\APPS\OFFICE\WPWIN\WPDOCS\95ELECS.Bi e 6 of 6
952134
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:
785-2245 , fax: 785-2144
address: P 0 Box 70, Platteville. CO 80651-0070
DATED this / O day of pLt, . ►y n Rt a.), 1995.
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
uN
A. "Suki" Tsukamoto
APPROVED AS TO FO
o ty Attorney
APPROVED AS TO FORM
-.7
Attorney for Jurisdic'tion
ATTEST:
Clerk to the Board of County C
aa& A k _7YLLQ9'
Deputy Clerk kci the Board
(Jurisdiction)
(Title)
ATTEST:
(Title) %%1.
Depu y Town Clerk
C:\APPS\OFFICE\WPWIN\WPDOCS\95ELECS.Ie 6 of 6
952134
1995 Master
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
Town of Milliken, hereinafter referred to as "Jurisdiction", does hereby agree and contract
with the Board of County Commissioners of the County of Weld, hereinafter referred to as
"Commissioners", and the Weld County Clerk and Recorder, hereinafter referred to as "County
Clerk", concerning the administration of the November 7, 1995 coordinated election conducted
pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and
regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to
address or modify statutory provisions regarding voter registration, or to address or modify the
County Clerk's duties thereunder.
WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority
or to have certain items placed on the ballot at an election pursuant to its statutory authority, such
election to occur via polling place on November 7, 1995, and
WHEREAS, the Jurisdiction agrees to conduct a coordinated election with the County Clerk
acting as the coordinated election official, and
WHEREAS, the County Clerk is the "coordinated election official" pursuant to C.R.S. § 1-7-
116(1) and is to perform certain election services in consideration of performance by the Jurisdiction
of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§ 1-7-116, 22-31-103, and 29-1-
203, et seq., C.R.S.
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as
follows:
1. The Jurisdiction encompasses territory within Weld County and
County(ies). This Agreement shall be
construed to apply only to that portion of the Jurisdiction within Weld County.
2. Term of Agreement: This Agreement is intended only to deal with the conduct of the
November 7, 1995 election.
3. The Jurisdiction agrees to perform the following tasks and activities:
a. Receive initiated petitions for local ballot issues where authorized by law,
pursuant to § 1-40-109(2), C.R.S., and make determinations as to form.
Page 1 of 6
952134
b. Check signatures on initiated petitions and determine and issue, where
appropriate, a statement of sufficiency, pursuant to § 1-40-118(1), C.R.S.or
pursuant to local Charter.
c. Defend against protests filed with the District Court, pursuant to § 1-40-118
through 120, C.R.S.
d. Publish notice of a call for nominations for non-partisan elections, where
applicable, pursuant to § 1-5-204, C.R.S.
e. To do all tasks required by law of designated election officials concerning
nomination of candidates by petition, including, but not limited to: issue
approval as to form, where appropriate, of nominating petition; receive
candidate acceptance of nominations; accept notice of intent, petitions for
nomination, and affidavits of circulators; verify signatures on nominating
petitions; and hear any protests of the nominating petitions, as said tasks are
set forth in any applicable provisions of Title 1, Article IV, Parts 8 and 9, §
22-31-107, C.R.S., and those portions of the Colorado Municipal Election
Code of 1965, Article X of Title 31 as adopted by reference pursuant to § 1-
4-805, C.R.S.
f Establish order of names and questions for Jurisdiction's portion of the ballot
and submit to the County Clerk. The ballot content, including a list of
candidates, ballot title, and text, must be certified to the County Clerk at least
55 days prior to the election, pursuant to §§ 1-1-110(3) and 1-5-203(3),
C.R.S.
g. Publish and post notices of election pursuant to § 1-5-205, C.R.S., and
include the information regarding the walk-in location address for application
or return of absentee ballots as set forth in paragraph 4.c of this Agreement.
h. Accept written comments for and against ballot issues pursuant to C.R.S. §§
1-7-901 and 1-40-125(2)(e). Comments to be accepted must be filed by the
end of the business day on the Friday before the 30th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to § 1-7-903, C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 25 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
Page 2 of 6
952134
Accept affidavits of intent to accept write-in candidacy and provide a list of
valid affidavits received to the County Clerk pursuant to C.R.S. §§ 1-4-1101
and 1102.
Prepare text, identify number and place for publication of measures and/or
notice of election and mailing, as required, and advise County Clerk pursuant
to C.R.S. § 1-40-125, 8 C.C.R. 1505-I § 5.6.1., and §§ 1-7-905 and 1-7-
906(1).
k. Pay the sum of $.25 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 7, 1995
election, with a'$200 minimum, within 30 days of billing, regardless of
whether or not the election is actually held. Notwithstanding the foregoing,
for any election which does not involve a ballot issue requiring Article X,
Section 20 notices, Jurisdiction shall be liable for.15 per registered elector
eligible to vote in the Jurisdiction's election as of the final date of registration
prior to the November 7, 1995 election, with a $200 minimum, plus any
additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. In addition,
Jurisdiction shall also reimburse Clerk for payment of members of the Board
of Canvassers, eligible to be paid, the sum of $15 per day pursuant to C.R.S.
1-10-201(4) when the Jurisdiction designates persons for the Board of
Canvassers pursuant to § 4(g) of this Agreement. If the Jurisdiction cancels
the election before its Section 20, Article X notices are due to the County and
prior to the County Clerk incurring any expenses for the printing of the
ballots, the Jurisdiction shall not be obligated for any expenses.
Designate an "election officer" who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
m. By approval of this Agreement, any municipality is resolving not to use the
provisions of the Municipal Election Code, except as otherwise set forth
herein or as its use is specifically authorized by the Code.
n. Mail notices pursuant to § 1-7-906(2) for active registered electors who do
not reside within the County or counties where the political subdivision is
located.
o. Carry out all actions necessary for cancellation of an election including notice
pursuant to C.R.S. § 1-11-103.
Page 3 of 6
952134
P
Prepare Article X, Section 20, Colorado Constitution notices and submit
them to the County Clerk at least 25 days prior to the election. Prepare text,
identify number and place for publication of measures,ordinances and/or
notice of election, if required, and advise County Clerk pursuant to C.R.S.
§ 1-40-124,129(2) and 8 C.C.R. 1505-1 § 5.6.1.
4. Duties of County Clerk
Agrees to perform the following tasks and activities:
a. Except as otherwise expressly provided for in this Agreement, to act as the
designated election official for the conduct of the election for the Jurisdiction
for all matters in the Code which require action by the designated election
official and as coordinated election official.
b. Circulate the Article X, Section 20. Ballot Issues notices pursuant to C.R.S.
§ 1-7-905 and 906(1) and provide for their publication as directed by the
Jurisdiction. Provide postcard or publication notice, if required under C.R.S.
§ 1-5-206, as directed by the Jurisdiction.
c. Provide a place for early voting and application for and issuance of absentee
ballots at 1402 N. 17th Avenue, Greeley, Colorado, at the office of the Weld
County Clerk and Recorder. Early voting shall take place during the hours
of 8:30 a.m. - 4:30 p.m., Monday - Friday starting October 16, 1995 and
ending November 3, 1995_
d. Give notice to Jurisdiction of the number of registered electors within the
Jurisdiction as of the effective date of cutoff for registration, identify the
members of the Board of Canvassers eligible for receiving a fee, and bill the
Jurisdiction.
e. Designate a "contact" to act as a primary liaison or contact between the
Jurisdiction and the County Clerk.
f. The County Clerk shall appoint and train election judges and this power shall
be delegated by the Jurisdiction to the County Clerk, to the extent required
or allowed by law.
g.
Select and Appoint a Board of Canvassers to canvass the votes; provided that
the Jurisdiction, at its option, may designate one of its members and one
eligible elector from the jurisdiction to assist the County Clerk in the survey
of the returns for that jurisdiction. If the Jurisdiction desires to appoint one
of its members and an eligible elector to assist, it shall make those
Page 4 of 6
952134
appointments, and shall notify the County Clerk in writing of those
appointments not later than 15 days prior to the election. The County Clerk
shall receive and canvass all votes, and shall certify the results in the time and
manner provided and required by the Code. All recounts required by the
Code shall be conducted by the County Clerk in the time and manner
required by the Code.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the
Code shall apply to completion of the tasks required by this Agreement.
b. Conflict of Agreement with law
Portions of 8 C.C.R. 1505-1 may be inconsistent with the Code as amended
in which case the provisions of the Code shall prevail.
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages, not as a penalty, refund all payments made, pursuant to
paragraph 3k of this Agreement and shall, if requested by the -Jurisdiction,
conduct the next coordinated election which may include any election made
necessary by a defect in the election conducted pursuant to this Agreement
with no fee assessed to the Jurisdiction. This remedy shall be the sole and
exclusive remedy for damages available to the Jurisdiction under this
Agreement.
d. No portion of this Agreement shall be deemed to create a cause of action with
respect to anyone not a party to this Agreement, nor is this Agreement
intended to waive any privileges or immunities the parties, their officers, or
employees may possess, except as expressly provided in this Agreement.
e. This constitutes the entire agreement of the parties and no amendment may
be made except in writing approved by the parties.
Page 5 of 6
952134
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:
Q70 on -4-13 , fax: Q7!D S 7-0/07s,
address: � 1 C0K c qC j I 109 Lroad St
1"x'1;11:kcn, Co 86543
DATED this g day of a,m d✓ , 1995.
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
J.A. "Suki" Tsukamoto
APPROVED AS TO FORM:
my Attorney
APPROVED AS TO FORM
Attorney for Jurisdiction
Dale K Hall, Chairman
ATTEST:
Clerk to the Board of County
Deputy Cler ,C' the Board
oglIgl95
(Jurisdiction) ()1Jn or I' I;I1,1(tn
(Ti
ATTEST:
C:\APPs\oFFICE\WPwIN\WPD0CS\95ELECS.Eglge 6 of 6
dAy (7717/)
952134
1995 Master
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
TOWN OF LOCHBUIE , hereinafter referred to as "Jurisdiction", does
hereby agree and contract with the Board of County Commissioners of the County of Weld,
hereinafter referred to as "Commissioners", and the Weld County Clerk and Recorder, hereinafter
referred to as "County Clerk", concerning the administration of the November 7, 1995 coordinated
election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"),
and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement
is not intended to address or modify statutory provisions regarding voter registration, or to address
or modify the County Clerk's duties thereunder.
WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority
or to have certain items placed on the ballot at an election pursuant to its statutory authority, such
election to occur via polling place on November 7, 1995, and
WHEREAS, the Jurisdiction agrees to conduct a coordinated election with the County Clerk
acting as the coordinated election official, and
WHEREAS, the County Clerk is the "coordinated election official" pursuant to C.R.S. § 1-7-
116(1) and is to perform certain election services in consideration of performance by the Jurisdiction
of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§ 1-7-116, 22-31-103, and 29-1-
203, et seq., C.R.S.
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as
follows:
1. The Jurisdiction encompasses territory within Weld County and
County(ies). This Agreement shall be
construed to apply only to that portion of the Jurisdiction within Weld County.
2. Term of Agreement: This Agreement is intended only to deal with the conduct of the
November 7, 1995 election.
3. The Jurisdiction agrees to perform the following tasks and activities:
a. Receive initiated petitions for local ballot issues where authorized by law,
pursuant to § 1-40-109(2), C.R.S., and make determinations as to form.
Page 1 of 6
952134
b. Check signatures on initiated petitions and determine and issue, where
appropriate, a statement of sufficiency, pursuant to § 1-40-118(1), C.R.S.or
pursuant to local Charter.
c. Defend against protests filed with the District Court, pursuant to § 1-40-118
through 120, C.R.S.
d. Publish notice of a call for nominations for non-partisan elections, where
applicable, pursuant to § 1-5-204, C.R.S.
e. To do all tasks required by law of designated election officials concerning
nomination of candidates by petition, including, but not limited to: issue
approval as to form, where appropriate, of nominating petition; receive
candidate acceptance of nominations; accept notice of intent, petitions for
nomination, and affidavits of circulators; verify signatures on nominating
petitions; and hear any protests of the nominating petitions, as said tasks are
set forth in any applicable provisions of Title 1, Article IV, Parts 8 and 9, §
22-31-107, C.R.S., and those portions of the Colorado Municipal Election
Code of 1965, Article X of Title 31 as adopted by reference pursuant to § 1-
4-805, C.R.S.
f. Establish order of names and questions for Jurisdiction's portion of the ballot
and submit to the County Clerk. The ballot content, including a list of
candidates, ballot title, and text, must be certified to the County Clerk at least
55 days prior to the election, pursuant to §§ 1-1-110(3) and 1-5-203(3),
C.R.S.
g.
Publish and post notices of election pursuant to § 1-5-205, C.R.S., and
include the information regarding the walk-in location address for application
or return of absentee ballots as set forth in paragraph 4.c of this Agreement.
h. Accept written comments for and against ballot issues pursuant to C.R.S. §§
1-7-901 and 1-40-125(2)(e). Comments to be accepted must be filed by the
end of the business day on the Friday before the 30th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to -§ 1-7-903, C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 25 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
Page 2 of 6
952134
Accept affidavits of intent to accept write-in candidacy and provide a list of
valid affidavits received to the County Clerk pursuanttoC.R.S. §§ 1-4-1101
and 1102.
.1•
Prepare text, identify number and place for publication of measures and/or
notice of election and mailing, as required, and advise County Clerk pursuant
to C.R.S. § 1-40-125, 8 C.C.R. 1505-1 § 5.6.1., and §§ 1-7-905 and 1-7-
906(1).
k. Pay the sum of $.25 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 7, 1995
election, with a $200 minimum, within 30 days of billing, regardless of
whether or not the election is actually held. Notwithstanding the foregoing,
for any election which does not involve a ballot issue requiring Article X,
Section 20 notices, Jurisdiction shall be liable for $.15 per registered elector
eligible to vote in the Jurisdiction's election as of the final date of registration
prior to the November 7, 1995 election, with a $200 minimum, plus any
additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. In addition,
Jurisdiction shall also reimburse Clerk for payment of members of the Board
of Canvassers, eligible to be paid, the sum of $15 per day pursuant to C.R.S.
1-10-201(4) when the Jurisdiction designates persons for the Board of
Canvassers pursuant to § 4(g) of this Agreement. If the Jurisdiction cancels
the election before its Section 20, Article X notices are due to the County and
prior to the County Clerk incurring any expenses for the printing of the
ballots, the Jurisdiction shall not be obligated for any expenses.
1. Designate an "election officer" who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
m. By approval of this Agreement, any municipality is resolving not to use the
provisions of the Municipal Election Code, except as otherwise set forth
herein or as its use is specifically authorized by the Code.
n. Mail notices pursuant to § 1-7-906(2) for active registered electors who do
not reside within the County or counties where the political subdivision is
located.
o. Carry out all actions necessary for cancellation of an election including notice
pursuant to C.R.S. § 1-11-103.
Page 3 of 6
952134
p. Prepare Article X, Section 20, Colorado Constitution notices and submit
them to the County Clerk at least 25 days prior to the election. Prepare text,
identify number and place for publication of measures,ordinances and/or
notice of election, if required, and advise County Clerk pursuant to C.R.S.
§ 1-40-124,129(2) and 8 C.C.R. 1505-1 § 5.6.1.
4. Duties of County Clerk
Agrees to perform the following tasks and activities:
a. Except as otherwise expressly provided for in this Agreement, to act as the
designated election official for the conduct of the election for the Jurisdiction
for all matters in the Code which require action by the designated election
official and as coordinated election official.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to C.R.S.
§ 1-7-905 and 906(1) and provide for their publication as directed by the
Jurisdiction. Provide postcard or publication notice, if required under C.R.S.
§ 1-5-206, as directed by the Jurisdiction.
c. Provide a place for early voting and application for and issuance of absentee
ballots at 1402 N. 17th Avenue, Greeley, Colorado, at the office of the Weld
County Clerk and Recorder. Early voting shall take place during the hours
of 8:30 a.m. - 4:30 p.m., Monday - Friday starting October 16, 1995 and
ending November 3, 1995.
d. Give notice to Jurisdiction of the number of registered electors within the
Jurisdiction as of the effective date of cutoff for registration, identify the
members of the Board of Canvassers eligible for receiving a fee, and bill the
Jurisdiction.
e. Designate a "contact" to act as a primary liaison or contact between the
Jurisdiction and the County Clerk.
f. The County Clerk shall appoint and train election judges and this power shall
be delegated by the Jurisdiction to the County Clerk, to the extent required
or allowed by law.
g.
Select and Appoint a Board of Canvassers to canvass the votes; provided that
the Jurisdiction, at its option, may designate one of its members and one
eligible elector from the jurisdiction to assist the County Clerk in the survey
of the returns for that jurisdiction. If the Jurisdiction desires to appoint one
of its members and an eligible elector to assist, it shall make those
Page 4 of 6
952134
appointments, and shall notify the County Clerk in writing of those
appointments not later than 15 days prior to the election. The County Clerk
shall receive and canvass all votes, and shall certify the results in the time and
manner provided and required by the Code. All recounts required by the
Code shall be conducted by the County Clerk in the time and manner
required by the Code.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the
Code shall apply to completion of the tasks required by this Agreement.
b. Conflict of Agreement with law
Portions of 8 C.C.R. 1505-1 may be inconsistent with the Code as amended
in which case the provisions of the Code shall prevail.
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages, not as a penalty, refund all payments made, pursuant to
paragraph 3k of this Agreement and shall, if requested by the Jurisdiction,
conduct the next coordinated election which may include any election made
necessary by a defect in the election conducted pursuant to this Agreement
with no fee assessed to the Jurisdiction. This remedy shall be the sole and
exclusive remedy for damages available to the Jurisdiction under this
Agreement.
d. No portion of this Agreement shall be deemed to create a cause of action with
respect to anyone not a party to this Agreement, nor is this Agreement
intended to waive any privileges or immunities the parties, their officers, or
employees may possess, except as expressly provided in this Agreement.
e. This constitutes the entire agreement of the parties and no amendment may
be made except in writing approved by the parties.
Page 5 of 6
9521.34
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:
j63_ 73 , fax: So." -
address: O/sti 431;4_ lop kocN Su (es (3o g'o%ooi •
DATED this / g day of >3/4Cittrn & i , 1995.
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
.A. "Suki" Tsukamoto
APPROVED AS TO FORM;.
APPROVED AS TO FORM
Attorney for Jurisdiction
Dale K Hall, Chairman
09//g /95
ATTEST:
Clerk to the Board of County C
cc
Deputy Clerk ' e Board
(Jurisdiction)
ATTEST:
(Title
C:\APPS\OFFICE\WPWIN\WPDOCS\95ELECS. We 6 of 6
952134
1995 Master
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
The City of Longmont , hereinafter referred to as "Jurisdiction", does hereby agree and
contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as
"Commissioners", and the Weld County Clerk and Recorder, hereinafter referred to as "County
Clerk", concerning the administration of the November 7, 1995 coordinated election conducted
pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and
regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to
address or modify statutory provisions regarding voter registration, or to address or modify the
County Clerk's duties thereunder.
WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority
or to have certain items placed on the ballot at an election pursuant to its statutory authority, such
election to occur via polling place on November 7, 1995, and
WHEREAS, the Jurisdiction agrees to conduct a coordinated election with the County Clerk
acting as the coordinated election official, and
WHEREAS, the County Clerk is the "coordinated election official" pursuant to C.R.S. § 1-7-
116(1) and is to perform certain election services in consideration of performance by the Jurisdiction
of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§ 1-7-116, 22-31-103, and 29-1-
203, et seq., C.R.S.
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as
follows:
1. The Jurisdiction encompasses territory within Weld County and
VDCA.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 7, 1995 election.
3. The Jurisdiction agrees to perform the following tasks and activities:
a. Receive initiated petitions for local ballot issues where authorized by law,
pursuant to § 1-40-109(2), C.R.S., and make determinations as to form.
Page 1 of 6
952134
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 tiled with the District Court, pursuant to § 1-40-118
through 120, C.R.S.
d. Publish notice of a call for nominations for non-partisan elections, where
applicable, pursuant to § 1-5-204, C.R.S.
e. To do all tasks required by law of designated election officials concerning
nomination of candidates by petition, including, but not limited to: issue
approval as to form, where appropriate, of nominating petition; receive
candidate acceptance of nominations; accept notice of intent, petitions for
nomination, and affidavits of circulators; verify signatures on nominating
petitions; and hear any protests of the nominating petitions, as said tasks are
set forth in any applicable provisions of Title 1, Article IV, Parts 8 and 9, §
22-31-107, C.R.S., and those portions of the Colorado Municipal Election
Code of 1965, Article X of Title 31 as adopted by reference pursuant to § 1-
4-805, C.R.S.
f Establish order of names and questions for Jurisdiction's portion of the ballot
and submit to the County Clerk. The ballot content, including a list of
candidates, ballot title, and text, must be certified to the County Clerk at least
55 days prior to the election, pursuant to §§ 1-1-110(3) and 1-5-203(3),
C.R.S.
g. Publish and post notices of election pursuant to § 1-5-205, C.R.S., and
include the information regarding the walk-in location address for application
or return of absentee ballots as set forth in paragraph 4.c of this Agreement.
h. Accept written comments for and against ballot issues pursuant to C.R.S. §§
1-7-901 and 1-40-125(2)(e). Comments to be accepted must be filed by the
end of the business day on the Friday before the 30th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to § 1-7-903, C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 25 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
Page 2 of 6
952134
Accept affidavits of intent to accept write-in candidacy and provide a list of
valid affidavits received to the County Clerk pursuant to C.R.S. §§ 1-4-1101
and 1102.
Prepare text, identify number and place for publication of measures and/or
notice of election and mailing, as required, and advise County Clerk pursuant
to C.R.S. § 1-40-125, 8 C.C.R. 1505-1 § 5.6.1., and §§ 1-7-905 and 1-7-
906(1).
k. Pay the sum of $.25 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 7, 1995
election, with a $200 minimum, within 30 days of billing, regardless of
whether or not the election is actually held. Notwithstanding the foregoing,
for any election which does not involve a ballot issue requiring Article X,
Section 20 notices, Jurisdiction shall be liable for $.15 per registered elector
eligible to vote in the Jurisdiction's election as of the final date of registration
prior to the November 7, 1995 election, with a $200 minimum, plus any
additional costs pursuant to 8 C.C.K. 1505-1 § 5.4.2.2. In addition,
.lurisdiction shall also reimburse Clerk for payment of members of the Board
of Canvassers, eligible to be paid, the sum of $15 per day pursuant to C.R.S.
1-10-201(4) when the Jurisdiction designates persons for the Board of
Canvassers pursuant to § 4(g) of this Agreement. If the Jurisdiction cancels
the election before its Section 20, Article X notices are due to the County and
prior to the County Clerk incurring any expenses for the printing of the
ballots, the Jurisdiction shall not be obligated for any expenses.
Designate an "election officer" who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
m. By approval of this Agreement, any municipality is resolving not to use the
provisions of the Municipal Election Code, except as otherwise set forth
herein or as its use is specifically authorized by the Code.
n. Mail notices pursuant to § 1-7-906(2) for active registered electors who do
not reside within the County or counties where the political subdivision is
located.
o. Carry out all actions necessary for cancellation of an election including notice
pursuant to C.R.S. § 1-11-103.
Page 3 of 6
952131
P.
Prepare Article X, Section 20, Colorado Constitution notices and submit
them to the County Clerk at least 25 days prior to the election. Prepare text,
identify number and place for publication of measures,ordinances and/or
notice of election, if required, and advise County Clerk pursuant to C.R.S.
§ 1-40-124,129(2) and 8 C.C.R. 1505-1 § 5.6.1.
4. Duties of County Clerk
Agrees to perform the following tasks and activities:
a. Except as otherwise expressly provided for in this Agreement, to act as the
designated election official for the conduct of the election for the Jurisdiction
for all matters in the Code which require action by the designated election
official and as coordinated election official.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to C.R.S.
§ 1-7-905 and 906(1) and provide for their publication as directed by the
Jurisdiction. Provide postcard or publication notice, if required under C.R.S.
§ 1-5-206, as directed by the Jurisdiction.
c. Provide a place for early voting and application for and issuance of absentee
ballots at 1402 N. 17th Avenue, Greeley, Colorado, at the office of the Weld
County Clerk and Recorder. Early voting shall take place during the hours
of 8:30 a.m. - 4:30 p.m.. Monday - Friday starting October 16, 1995 and
ending November 3, 1995.
d. Give notice to Jurisdiction of the number of registered electors within the
Jurisdiction as of the effective date of cutoff for registration, identify the
members of the Board of Canvassers eligible for receiving a fee, and bill the
Jurisdiction.
e. Designate a "contact'' to act as a primary liaison or contact between the
Jurisdiction and the County Clerk.
L The County Clerk shall appoint and train election judges and this power shall
be delegated by the Jurisdiction to the County Clerk, to the extent required
or allowed by law.
Select and Appoint a Board of Canvassers to canvass the votes; provided that
the Jurisdiction, at its option, may designate one of its members and one
eligible elector from the jurisdiction to assist the County Clerk in the survey
of the returns for that jurisdiction. If the Jurisdiction desires to appoint one
of its members and an eligible elector to assist, it shall make those
g.
Page 4 of 6
952134
appointments, and shall notify the County Clerk in writing of those
appointments not later than 15 days prior to the election. The County Clerk
shall receive and canvass all votes, and shall certify the results in the time and
manner provided and required by the Code. All recounts required by the
Code shall be conducted by the County Clerk in the time and manner
required by the Code.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the
Code shall apply to completion of the tasks required by this Agreement.
b. Conflict of Agreement with law
Portions of 8 C.C.R. 1505-1 may be inconsistent with the Code as amended
in which case the provisions of the Code shall prevail.
•
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages, not as a penalty, refund all payments made, pursuant to
paragraph 3k of this Agreement and shall, if requested by the Jurisdiction,
conduct the next coordinated election which may include any election made
necessary by a defect in the election conducted pursuant to this Agreement
with no fee assessed to the Jurisdiction. This remedy shall be the sole and
exclusive remedy for damages available to the Jurisdiction under this
Agreement.
d. No portion of this Agreement shall be deemed to create a cause of action with
respect to anyone not a party to this Agreement, nor is this Agreement
intended to waive any privileges or immunities the parties, their officers, or
employees may possess, except as expressly provided in this Agreement.
e. This constitutes the entire agreement of the parties and no amendment may
be made except in writing approved by the parties.
Page 5 of 6
952134
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:
(..3o31tcSk-8tuy`k, fax: 13O3)
address: 35o V-)ta .51-ttT) , (c7 •
Q'V�lA1
DATED this as )- day of P'&-\ txS t , 1995.
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
>V
.A. "Suki" Tsukamoto
APPROVED AS TO FO
Attorney
APPROVED AS TO FORM
Attorney for Jurisdiction
Dale K Hall, Chairm
ATTEST:
og/is/9s
Clerk to the Board of County Co
Deputy Cler t i the Board
(Title
I\IVNi Oft_
ATTEST:
(Title)
C:\APPS\OFFICE\WPWIN\WPDOCS\95ELECS.g14}'Ee 6 of 6
(Jurisdiction) QUA CC W L Nyb`'-1r
C t iY Q CQ-V--
952134
1995 Master
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
Town of Nunn, hereinafter referred to as "Jurisdiction", does hereby agree and contract with
the Board of County Commissioners of the County of Weld, hereinafter referred to as
"Commissioners", and the Weld County Clerk and Recorder, hereinafter referred to as "County
Clerk", concerning the administration of the November 7, 1995 coordinated election conducted
pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and
regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to
address or modify statutory provisions regarding voter registration, or to address or modify the
County Clerk's duties thereunder.
WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority
or to have certain items placed on the ballot at an election pursuant to its statutory authority, such
election to occur via polling place on November 7, 1995, and
WHEREAS, the Jurisdiction agrees to conduct a coordinated election with the County Clerk
acting as the coordinated election official, and
WHEREAS, the County Clerk is the "coordinated election official" pursuant to C.R.S. § 1-7-
1160) and is to perform certain election services in consideration of performance by the Jurisdiction
of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§ 1-7-116, 22-31-103, and 29-1-
203, et seq., C.R.S.
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as
follows:
1. The Jurisdiction encompasses territory within Weld County . xaml
xxxxxxxxxxxxxxxxxxxxxxx_xxxxxcoARtidiSx This Agreement shall be
construed to apply only to that portion of the Jurisdiction within Weld County.
2. Term of Agreement: This Agreement is intended only to deal with the conduct of the
November 7, 1995 election.
3. The Jurisdiction agrees to perform the following tasks and activities:
a. Receive initiated petitions for local ballot issues where authorized by law,
pursuant to § 1-40-109(2), C.R.S., and make determinations as to form.
Page 1 of 6
952134
b. Check signatures on initiated petitions and determine and issue, where
appropriate, a statement of sufficiency, pursuant to § 1-40-118(1), C.R.S.or
pursuant to local Charter.
c. Defend against protests filed with the District Court, pursuant to § 1-40-118
through 120, C.R.S.
d. Publish notice of a call for nominations for non-partisan elections, where
applicable, pursuant to § 1-5-204, C.R.S.
e. To do all tasks required by law of designated election officials concerning
nomination of candidates by petition, including, but not limited to: issue
approval as to form, where appropriate, of nominating petition; receive
candidate acceptance of nominations; accept notice of intent, petitions for
nomination, and affidavits of circulators; verify signatures on nominating
petitions; and hear any protests of the nominating petitions, as said tasks are
set forth in any applicable provisions of Title 1, Article IV, Parts 8 and 9, §
22-31-107, C.R.S., and those portions of the Colorado Municipal Election
Code of 1965, Article X of Title 31 as adopted by reference pursuant to § 1-
4-805, C.R.S.
£ Establish order of names and questions for Jurisdiction's portion of the ballot
and submit to the County Clerk. The ballot content, including a list of
candidates, ballot title, and text, must be certified to the County Clerk at least
55 days prior to the election, pursuant to §§ 1-1-110(3) and 1-5-203(3),
C.R.S.
Publish and post notices of election pursuant to § 1-5-205, C.R.S., and
include the information regarding the walk-in location address for application
or return of absentee ballots as set forth in paragraph 4.c of this Agreement.
h. Accept written comments for and against ballot issues pursuant to C.R.S. §§
1-7-901 and 1-40-125(2)(e). Comments to be accepted must be filed by the
end of the business day on the Friday before the 30th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to § 1-7-903, C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 25 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
g
Page 2 of 6
952134
Accept affidavits of intent to accept write-in candidacy and provide a list of
valid affidavits received to the County Clerk pursuant to C.R.S. §§ 1-4-1101
and 1102.
Prepare text, identify number and place for publication of measures and/or
notice of election and mailing, as required, and advise County Clerk pursuant
to C.R.S. § 1-40-125, 8 C.C.R. 1505-1 § 5.6.1., and §§ 1-7-905 and 1-7-
906(1).
k. Pay the sum of $.25 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 7, 1995
election, with a $200 minimum, within 30 days of billing, regardless of
whether or not the election is actually held. Notwithstanding the foregoing,
for any election which does not involve a ballot issue requiring Article X,
Section 20 notices, Jurisdiction shall be liable for $.15 per registered elector
eligible to vote in the Jurisdiction's election as of the final date of registration
prior to the November 7, 1995 election, with a $200 minimum, plus any
additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. In addition,
Jurisdiction shall also reimburse Clerk for payment of members of the Board
of Canvassers, eligible to be paid, the sum of $15 per day pursuant to C.R.S.
1-10-201(4) when the Jurisdiction designates persons for the Board of
Canvassers pursuant to § 4(g) of this Agreement. If the Jurisdiction cancels
the election before its Section 20, Article X notices are due to the County and
prior to the County Clerk incurring any expenses for the printing of the
ballots, the Jurisdiction shall not be obligated for any expenses.
Designate an "election officer" who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
in. By approval of this Agreement, any municipality is resolving not to use the
provisions of the Municipal Election Code, except as otherwise set forth
herein or as its use is specifically authorized by the Code.
n. Mail notices pursuant to § 1-7-906(2) for active registered electors who do
not reside within the County or counties where the political subdivision is
located.
o. Carry out all actions necessary for cancellation of an election including notice
pursuant to C.R.S. § 1-11-103.
Page 3 of 6
• .1.444 sit
p.
Prepare Article X, Section 20, Colorado Constitution notices and submit
them to the County Clerk at least 25 days prior to the election. Prepare text,
identify number and place for publication of measures,ordinances and/or
notice of election, if required, and advise County Clerk pursuant to C.R.S.
§ 1-40-124,129(2) and 8 C.C.R. 1505-1 § 5.6.1.
4. Duties of County Clerk
Agrees to perform the following tasks and activities:
a. Except as otherwise expressly provided for in this Agreement, to act as the
designated election official for the conduct of the election for the Jurisdiction
for all matters in the Code which require action by the designated election
official and as coordinated election official.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to C.R.S.
§ 1-7-905 and 906(1) and provide for their publication as directed by the
Jurisdiction. Provide postcard or publication notice, if required under C.R.S.
§ 1-5-206, as directed by the Jurisdiction.
c. Provide a place for early voting and application for and issuance of absentee
ballots at 1402 N. 17th Avenue, Greeley, Colorado, at the office of the Weld
County Clerk and Recorder. Early voting shall take place during the hours
of 8:30 a.m. - 4:30 p.m., Monday - Friday starting October 16, 1995 and
ending November 3, 1995.
d. Give notice to Jurisdiction of the number of registered electors within the
Jurisdiction as of the effective date of cutoff for registration, identify the
members of the Board of Canvassers eligible for receiving a fee, and bill the
Jurisdiction.
e. Designate a "contact" to act as a primary liaison or contact between the
Jurisdiction and the County Clerk.
f The County Clerk shall appoint and train election judges and this power shall
be delegated by the Jurisdiction to the County Clerk, to the extent required
or allowed by law.
g. Select and Appoint a Board of Canvassers to canvass the votes; provided that
the Jurisdiction, at its option, may designate one of its members and one
eligible elector from the jurisdiction to assist the County Clerk in the survey
of the returns for that jurisdiction. If the Jurisdiction desires to appoint one
of its members and an eligible elector to assist, it shall make those
Page 4 of 6
952134
appointments, and shall notify the County Clerk in writing of those
appointments not later than 15 days prior to the election. The County Clerk
shall receive and canvass all votes, and shall certify the results in the time and
manner provided and required by the Code. All recounts required by the
Code shall be conducted by the County Clerk in the time and manner
required by the Code.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the
Code shall apply to completion of the tasks required by this Agreement.
b. Conflict of Agreement with law
Portions of 8 C.C.R. 1505-1 may be inconsistent with the Code as amended
in which case the provisions of the Code shall prevail.
•
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages, not as a penalty, refund all payments made, pursuant to
paragraph 3k of this Agreement and shall, if requested by the Jurisdiction,
conduct the next coordinated election which may include any election made
necessary by a defect in the election conducted pursuant to this Agreement
with no fee assessed to the Jurisdiction. This remedy shall be the sole and
exclusive remedy for damages available to the Jurisdiction under this
Agreement.
d. No portion of tins Agreement shall be deemed to create a cause of action with
respect to anyone not a party to this Agreement, nor is this Agreement
intended to waive any privileges or immunities the parties, their officers, or
employees may possess, except as expressly provided in this Agreement.
c. This constitutes the entire agreement of the parties and no amendment may
be made except in writing approved by the parties.
Page 5 of 6
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:
897-2385 fax: 353-0945 (Town Attorney)
address: P.O. Box 171, Nunn, CO 80648
DATED this / g* day of September , 1995.
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
.A. "Suki" Tsukamoto
APPROVED AS TO FORM:
my Attorney
APPROVED AS TO FORM
Attorney for Jurisdic&on
Charles S. Unfug
Town Attorney
Dale K Hall, Chairman
09/
ATTEST:
Clerk to the Board of County Co
Deputy Cler t i the Board
(Jurisdiction) TOWN OF NUNN
(Title)C�v.�
Duane Bayne, Mayo
ATTEST:
C:\APPS\OFFICE\WPWIN\WPDOCs\95ELECS.Iie 6 of 6
i
(A(LiZetil
Shirt y A. Hinshaw
Town Clerk
952134
1995 Master
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
Brighton Fire Protection District, hereinafter referred to as "Jurisdiction", does hereby agree
and contract with the Board of County Commissioners of the County of Weld, hereinafter referred
to as "Commissioners", and the Weld County Clerk and Recorder, hereinafter referred to as "County
Clerk", concerning the administration of the November 7, 1995 coordinated election conducted
pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and
regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to
address or modify statutory provisions regarding voter registration, or to address or modify the
County Clerk's duties thereunder.
WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority
or to have certain items placed on the ballot at an election pursuant to its statutory authority, such
election to occur via polling place on November 7, 1995, and
WHEREAS, the Jurisdiction agrees to conduct a coordinated election with the County Clerk
acting as the coordinated election official, and
WHEREAS, the County Clerk is the "coordinated election official" pursuant to C.R.S. § 1-7-
116(1) and is to perform certain election services in consideration of performance by the Jurisdiction
of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§ 1-7-116, 22-31-103, and 29-1-
203, et seq., C.R.S.
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as
follows:
1. The Jurisdiction encompasses territory within Weld County and
Adams County(ies). This Agreement shall be
construed to apply only to that portion of the Jurisdiction within Weld County.
2. Term of Agreement: This Agreement is intended only to deal with the conduct of the
November 7, 1995 election.
3. The Jurisdiction agrees to perform the following tasks and activities:
a. Receive initiated petitions for local ballot issues where authorized by law,
pursuant to § 1-40-109(2), C.R.S., and make determinations as to form.
Page 1 of 6
952134
b. Check signatures on initiated petitions and determine and issue, where
appropriate, a statement of sufficiency, pursuant to § 1-40-118(1), C.R.S.or
pursuant to local Charter.
c. Defend against protests filed with the District Court, pursuant to § 1-40-118
through 120, C.R.S.
d. Publish notice of a call for nominations for non-partisan elections, where
applicable, pursuant to § 1-5-204, C.R.S.
e. To do all tasks required by law of designated election officials concerning
nomination of candidates by petition, including, but not limited to: issue
approval as to form, where appropriate, of nominating petition; receive
candidate acceptance of nominations; accept notice of intent, petitions for
nomination, and affidavits of circulators; verify signatures on nominating
petitions; and hear any protests of the nominating petitions, as said tasks are
set forth in any applicable provisions of Title 1, Article IV, Parts 8 and 9, §
22-31-107, C.R.S., and those portions of the Colorado Municipal Election
Code of 1965, Article X of Title 31 as adopted by reference pursuant to § 1-
4-805, C.R.S.
f. Establish order of names and questions for Jurisdiction's portion of the ballot
and submit to the County Clerk. The ballot content, including a list of
candidates, ballot title, and text, must
be certified1-1-110(3)
t 1 t1e0 oCounty
yd l 5 2rk t le )t
55 days prior to the election, p §§ ( )
C.R.S.
g. Publish and post notices of election pursuant to § 1-5-205, C.R.S., and
include the information regarding the walk-in location address for application
or return of absentee ballots as set forth in paragraph 4.c of this Agreement.
h. Accept written comments for and against ballot issues pursuant to C.R.S. §§
1-7-901 and I -40-125(2)(e). Comments to be accepted must be filed by the
end of the business day on the Friday before the 30th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to § 1-7-903, C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 25 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
Page 2 of 6
952134
Accept affidavits of intent to accept write-in candidacy and provide a list of
valid affidavits received to the County Clerk pursuant to C.R.S. §§ 1-4-1101
and 1102.
Prepare text, identify number and place for publication of measures and/or
notice of election and mailing, as required, and advise County Clerk pursuant
to C.R.S. § 1-40-125, 8 C.C.R. 1505-1 § 5.6.1., and §§ 1-7-905 and 1-7-
906(1).
k. Pay the sum of $.25 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 7, 1995
election, with a $200 minimum, within 30 days of billing, regardless of
whether or not the election is actually held. Notwithstanding the foregoing,
for any election which does not involve a ballot issue requiring Article X,
Section 20 notices, Jurisdiction shall be liable for $.15 per registered elector
eligible to vote in the Jurisdiction's election as of the final date of registration
prior to the November 7, 1995 election, with a $200 minimum, plus any
additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. In addition,
Jurisdiction shall also reimburse Clerk for payment of members of the Board
of Canvassers, eligible to be paid, the sum of $15 per day pursuant to C.R.S.
1-10-201(4) when the Jurisdiction designates persons for the Board of
Canvassers pursuant to § 4(g) of this Agreement. If the Jurisdiction cancels
the election before its Section 20, Article X notices are due to the County and
prior to the County Clerk incurring any expenses for the printing of the
ballots, the Jurisdiction shall not be obligated for any expenses.
Designate an "election officer" who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
m. By approval of this Agreement, any municipality is resolving not to use the
provisions of the Municipal Election Code, except as otherwise set forth
herein or as its use is specifically authorized by the Code.
n. Mail notices pursuant to § 1-7-906(2) for active registered electors who do
not reside within the County or counties where the political subdivision is
located.
o. Carry out all actions necessary for cancellation of an election including notice
pursuant to C.R.S. § 1-11-103.
Page 3 of 6
952134
p
Prepare Article X, Section 20, Colorado Constitution notices and submit
them to the County Clerk at least 25 days prior to the election. Prepare text,
identify number and place for publication of measures,ordinances and/or
notice of election, if required, and advise County Clerk pursuant to C.R.S.
§ 1-40-124,129(2) and 8 C.C.R. 1505-1 § 5.6.1.
4. Duties of County Clerk
Agrees to perform the following tasks and activities:
a. Except as otherwise expressly provided for in this Agreement, to act as the
designated election official for the conduct of the election for the Jurisdiction
for all matters in the Code which require action by the designated election
official and as coordinated election official.
b. Circulate the Article X, Section 20. Ballot Issues notices pursuant to C.R.S.
§ 1-7-905 and 906(1) and provide for their publication as directed by the
Jurisdiction. Provide postcard or publication notice, if required under C.R.S.
§ 1-5-206, as directed by the Jurisdiction.
c. Provide a place for early voting and application for and issuance of absentee
ballots at 1402 N. 17th Avenue, Greeley, Colorado, at the office of the Weld
County Clerk and Recorder. Early voting shall take place during the hours
of 8:30 a.m. - 4:30 p.m., Monday - Friday starting October 16, 1995 and
ending November 3, 1995.
d. Give notice to Jurisdiction of the number of registered electors within the
Jurisdiction as of the effective date of cutoff for registration, identify the
members of the Board of Canvassers eligible for receiving a fee, and bill the
Jurisdiction.
e. Designate a "contact" to act as a primary liaison or contact between the
Jurisdiction and the County Clerk.
f. The County Clerk shall appoint and train election judges and this power shall
be delegated by the Jurisdiction to the County Clerk, to the extent required
or allowed by law.
Select and Appoint a Board of Canvassers to canvass the votes; provided that
the Jurisdiction, at its option, may designate one of its members and one
eligible elector from the jurisdiction to assist the County Clerk in the survey
of the returns for that jurisdiction. If the Jurisdiction desires to appoint one
of its members and an eligible elector to assist, it shall make those
g.
Page 4 of 6
952134
appointments, and shall notify the County Clerk in writing of those
appointments not later than 15 days prior to the election. The County Clerk
shall receive and canvass all votes, and shall certify the results in the time and
manner provided and required by the Code. All recounts required by the
Code shall be conducted by the County Clerk in the time and manner
required by the Code.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the
Code shall apply to completion of the tasks required by this Agreement.
b. Conflict of Agreement with law
Portions of 8 C.C.R. 1505-1 may be inconsistent with the Code as amended
in which case the provisions of the Code shall prevail.
c. Liquidated damages provision
In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages, not as a penalty, refund all payments made, pursuant to
paragraph 3k of this Agreement and shall, if requested by the Jurisdiction,
conduct the next coordinated election which may include any election made
necessary by a defect in the election conducted pursuant to this Agreement
with no fee assessed to the Jurisdiction. This remedy shall be the sole and
exclusive remedy for damages available to the Jurisdiction under this
Agreement.
d. No portion of this Agreement shall be deemed to create a cause of action with
respect to anyone not a party to this Agreement, nor is this Agreement
intended to waive any privileges or immunities the parties, their officers, or
employees may possess, except as expressly provided in this Agreement.
c This constitutes the entire agreement of the parties and no amendment may
be made except in writing approved by the parties.
Page 5 of 6
352134
WELD COUNTY CLERK & RECORDER
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:
303-6594101 , fax: 303-659-4103 ,
address: 425 South Main Street, Br' ton, r i a�� RnF m
DATED this 6th day of September , 1995.
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
.A. "Suki" Tsukamoto Dale K Hall, Chairm
A
APPROVED AS TO FORM:
my Attorney
APPROVED AS TO FORM
°') /islets
Clerk to the Board of County
?-Tht)2 QC_
-- Llepenuty Clerk (' the Board
(Jurisdiction)
(Title)
ATTEST:
\j/4/ (Title) (i(21.121-1"^--�,0--6"-e---)
X1K[HX Election Official
ELECTION OFFICIAL
C:\APPS\OFFICE\NPNIN\WPDOCS\95ELECS.Ea'l3e 6 of 6
9S2134
1995 Master
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
Town of Frederick, hereinafter referred to as "Jurisdiction", does hereby agree and contract
with the Board of County Commissioners of the County of Weld, hereinafter referred to as
"Commissioners", and the Weld County Clerk and Recorder, hereinafter referred to as "County
Clerk", concerning the administration of the November 7, 1995 coordinated election conducted
pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and
regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to
address or modify statutory provisions regarding voter registration, or to -address or modify the
County Clerk's duties thereunder.
WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority
or to have certain items placed on the ballot at an election pursuant to its statutory authority, such
election to occur via polling place on November 7, 1995, and
WHEREAS, the Jurisdiction agrees to conduct a coordinated election with the County Clerk
acting as the coordinated election official, and
WHEREAS, the County Clerk is the "coordinated election official" pursuant to C.R.S. § 1-7-
116(1) and is to perform certain election services in consideration of performance by the Jurisdiction
of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§ 1-7-116, 22-31-103, and 29-1-
203, et seq., C.R.S.
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as
follows:
1. The Jurisdiction encompasses territory within Weld County and
�ou ct-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 7, 1995 election.
3. The Jurisdiction agrees to perform the following tasks and activities:
a. Receive initiated petitions for local ballot issues where authorized by law,
pursuant to § 1-40-109(2), C.R.S., and make determinations as to form.
Page 1 of 6
952134
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 tiled with the District Court, pursuant to § 1-40-118
through 120, C.R.S.
d. Publish notice of a call for nominations for non-partisan elections, where
applicable, pursuant to § 1-5-204, C.R.S.
e. To do all tasks required by law of designated election officials concerning
nomination of candidates by petition, including, but not limited to: issue
approval as to form, where appropriate, of nominating petition; receive
candidate acceptance of nominations; accept notice of intent, petitions for
nomination, and affidavits of circulators; verify signatures on nominating
petitions; and hear any protests of the nominating petitions, as said tasks are
set forth in any applicable provisions of Title 1, Article IV, Parts 8 and 9, §
22-31-107, C.R.S., and those portions of the Colorado Municipal Election
Code of 1965, Article X of Title 31 as adopted by reference pursuant to § 1-
4-805, C.R.S.
f. Establish order of names and questions for Jurisdiction's portion of the ballot
and submit to the County Clerk. The ballot content, including a list of
candidates, ballot title, and text, must be certified to the County Clerk at least
55 days prior to the election, pursuant to §§ 1-1-110(3) and 1-5-203(3),
C.R.S.
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.
ItAccept written
1-7-901 and 1-40-125(2)(e).rC d ballot pursuant
m e is to be accepted must be filed by the
end of the business day on the Friday before the 30th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to § 1-7-903, C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 25 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
g.
Page 2 of 6
952.34
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 6advissedCountyClerk and an
to C.R.S. § 1-40-125, 8 C.C.R. 1505-1 § §§
1-7-
906(1).
Pay the sum of $.25 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 7, 1995
election, with a $200 minimum, within 30 days of billing, regardless of
whether or not the election is actually held. Notwithstanding the foregoing,
for any election which does not involve a ballot issue requiring Article X,
Section 20 notices, Jurisdiction shall be liable for $.15 per registered elector
eligible to vote in the Jurisdiction's election as of the final date of registration
prior to the November 7, 1995 election, with a $200 minimum, plus any
additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. In addition,
Jurisdiction shall also reimburse Clerk for payment of members of the Board
of Canvassers, eligible to be paid, the sum of $15 per day pursuant to C.R.S.
1-10-201(4) when the Jurisdiction designates persons for the Board of
Canvassers pursuant to § 4(g) of this Agreement. If the Jurisdiction cancels
the election before its Section 20, Article X notices are due to the County and
prior to the County Clerk incurring any expenses for the printing of the
ballots, the Jurisdiction shall not be obligated for any expenses.
Designate an "election officer" who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
m. By approval of this Agreement, any municipality is resolving not to use the
provisions of the Municipal Election Code, except as otherwise set forth
herein or as its use is specifically authorized by the Code.
n. Mail notices pursuant to § 1-7-906(2) for active registered electors who do
not reside within the County or counties where the political subdivision is
located.
o. Carry out all actions necessary for cancellation of an election including notice
pursuant to C.R.S.§ 1-11-103.
Page 3 of 6
952134
P. Prepare Article X, Section 20, Colorado Constitution notices and submit
them to the County Clerk at least 25 days prior to the election. Prepare text,
identify number and place for publication of measures,ordinances and/or
notice of election, if required, and advise County Clerk pursuant to C.R.S.
§ 1-40-124,129(2) and 8 C.C.R. 1505-1 § 5.6.1.
4. Duties of County Clerk
Agrees to perform the following tasks and activities:
a. Except as otherwise expressly provided for in this Agreement, to act as the
designated election official for the conduct of the election for the Jurisdiction
for all matters in the Code which require action by the designated election
official and as coordinated election official.
h. Circulate the Article X, Section 20, Ballot Issues notices pursuant to C.R.S.
§ 1-7-905 and 906(1) and provide for their publication as directed by the
Jurisdiction. Provide postcard or publication notice, if required under C.R.S.
§ 1-5-206, as directed by the Jurisdiction.
c. Provide a place for early voting and application for and issuance of absentee
ballots at 1402 N. 17th Avenue, Greeley, Colorado, at the office of the Weld
County Clerk and Recorder. Early voting shall take place during the hours
of 8:30 a.m. - 4:30 p.m., Monday - Friday starting October 16, 1995 and
ending November 3, 1995.
d. Give notice to Jurisdiction of the number of registered electors within the
Jurisdiction as of the effective date of cutoff for registration, identify the
members of the Board of Canvassers eligible for receiving a fee, and bill the
Jurisdiction.
e. Designate a "contact" to act as a primary liaison or contact between the
Jurisdiction and the County Clerk. The County election judges and his be delegated by Itshall
heJuripsdiction to the 1County Clerk, to hetpower
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
f oftlitse t one
and an el returns members thatjurisdiction.
eligible lthe
to assist,
Jurisdiction
desires shallake
mnthose
Page 4 of 6
952134
appointments, and shall notify the County Clerk in writing of those
appointments not later than IS days prior to the election. The County Clerk
shall receive and canvass all votes, and shall certify the results in the time and
manner provided and required by the Code. All recounts required by the
Code shall be conducted by the County Clerk in the time and mariner
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.'rills constitutes the entire agreement of the parties and no amendment may
be made except in writing approved by the parties.
Page 5 of 6
952134
WELD COUNTY CLERK & RECORDER
J.A. "Suki" Tsukamoto
APPROVED AS TO FORM:
r
my ' tt. rney
APPROVED AS TO FORM
Attorney for Jurisdiction
f. Notice shall be given by Jurisdiction to the Clerk at phone:
on :Cireel3 ev. CO
aa
Extension 3100, fax number: 353 1964, address: —
80632; and the Jurisdiction notice shall be given to the Jurisdiction at phone:
far °31
X33 -�3��- ;
address:
a# (0- Scx firdenck C0 gJStr
DATED this % iZ day of/ /ej"r. , 1995.
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
C
Dale K Hall, Chairman
ATTEST:
Clerk to the Board of County C
0
oqlig/gc
eputy Cler, o the Board
(Jurisdiction)
(Title)
ATTEST:
(Title)
C:\APPS\OFFICE\WPWIN\WPDOCS\95ELECS.Eftge 6 of 6
952134
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