HomeMy WebLinkAbout961549.tiff RESOLUTION
RE: APPROVE 1996 SCHOOL VERSION FORM OF MEMORANDUM OF
INTERGOVERNMENTAL AGREEMENT FOR CONDUCT OF COORDINATED
ELECTIONS BETWEEN CLERK AND RECORDER AND VARIOUS ENTITIES AND
AUTHORIZE CHAIR TO SIGN ANY NECESSARY DOCUMENTS
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with the 1996 School Version Form of
Memorandum of Intergovernmental Agreement for Conduct of Coordinated Elections between
the County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, on behalf of the Weld County Clerk and Recorder, and various entities, with
terms and conditions being as stated in said 1996 School Version form of agreement, and
WHEREAS, after review, the Board deems it advisable to approve said 1996 School
Version form of agreement, a copy of which is attached hereto and incorporated herein by
reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the 1996 School Version Form of Memorandum of
Intergovernmental Agreement for Conduct of Coordinated Elections between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
on behalf of the Weld County Clerk and Recorder, and various entities, be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign any necessary documents consistent with said 1996 School Version form of agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 4th day of September, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORAD
a LaKkmi C it
ez 'g�( l ty Clerk to the Board
(C';_ c eorge E!Baxter, Pr -Tem
eputy Clerk the Board
Dale K. Hall
AP ED AS TO F
Goonsttance L. Harbert
unt Attorne x. C
W. H. Webster
961549
rr-4 eJe_ CR0012
1996 School Version
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
, hereinafter referred to as "Jurisdiction", does
hereby agree and contract with the Board of County Commissioners of the County of Weld,
hereinafter the "Commissioners" and the Weld County Clerk and Recorder, hereinafter referred to
as "County Clerk" concerning the administration of the November 5, 1996 coordinated polling place
election conducted pursuant to the Uniform Election Code of 1992 as amended(hereinafter"Code"),
and the rules and regulations promulgated thereunder, 8 C.C.R. 1505-1. This Agreement is not
intended to address or modify statutory provisions regarding voter registration.
WHEREAS,the Jurisdiction desires to conduct an election pursuant to its statutory authority
or to have certain items placed on the ballot at an election pursuant to its statutory authority, such
election to occur on November 5, 1996, and
WHEREAS, the County Clerk has chosen to conduct the November 5, 1996 election by
polling place, and
WHEREAS,the Jurisdiction agrees to conduct an election coordinated by the County Clerk,
and
WHEREAS, the County Clerk as the "coordinated election official" pursuant to 8 C.C.R.
1505-1 §§ 5.1.4 and 5.2.1 has agreed to perform certain election services in consideration of
performance by the Jurisdiction of the obligations herein below set forth, and
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WHEREAS, such agreements are authorized by statute at §§ 1-11-111(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 and
County. This Agreement shall be
construed to apply only to that portion of the Jurisdiction within Weld County.
2. Term of Agreement
a. This Agreement is intended only to deal with the conduct of the November
5, 1996 election.
3. The Jurisdiction agrees to perform the following tasks and activitieswhere required
by law:
a. Receive initiated petitions for local ballot issues where authorized by law,
pursuant to § 1-40-109(2), C.R.S.
b. Check signatures on initiated petitions and determine and issue, where
appropriate, a statement of sufficiency, pursuant to § 1-40-118(1), C.R.S
c. Defend against protests filed with the District Court,pursuant to § 1-40-118,
C.R.S.
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d. Provide approved candidate nominating petitions, purusuant to § 1-4-903
C.R.S. together with instructions to petition circulators.
e. Receive notice of intent to be candidate forms to be filed purusant to § 22-31-
107(2), C.R.S.
f. Accept for filing the petitions for nomination, affidavit of circulator and
acceptance of nomination by candidate pursuant to §§ 1-4-804(1), 1-4-906,
and 1-4-907.
g. Verify signatures on nominating petitions and hear any protests of the
nominating petitions within five days after the petitions are filed, pursuant
to §§ 1-4-501(1), 1-4-908(1)(3), and 1-4-909, C.R.S.
h. Establish order of names and questions for Jurisdiction's portion of the ballot,
pursuant to §§ 1-5-406 and 1-5-407, C.R.S., and 8 C.C.R. 1505-1 §§ 5.4.2
and 5.4.3.
i. Certify ballot content, including a list of candidates, ballot title, and text, to
County Clerk at least 55 days prior to election, pursuant to § 1-1-110(3) and
8 C.C.R. 1505-1 §§ 5.4.1 and 5.4.2.
j. Prepare for publication and timely provide to the County Clerk text of notices
or calls of election of candidates or of measures and advise County Clerk of
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number and place of any publication required, if any, pursuant to 8 C.C.R.
1505-1 § 5.5 and the Jurisdiction's requirements.
k. 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.
1. Accept affidavits of intent to be write-in candidate up to September 3, 1996
and provide a copy of the valid affidavits received to the County Clerk
pursuant to C.R.S. § 1-4-1102.
m. Prepare Article X, Section 20, Colorado Constitution notices and submit
them to the County Clerk at least 25 days prior to the election. Prepare text,
identify number and place for publication of measures, and/or notice of
election,if required,and advise County Clerk pursuant to C.R.S. § 1-40-124,
and 8 C.C.R. 1505-1 § 5.6.1.
n. 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
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election, with a $200 minimum, plus any additional costs pursuant to 8
C.C.R. 1505-1 § 5.4.2.2, within 30 days of billing, regardless of whether or
not the election is actually held. Notwithstanding the foregoing, for any
election which does not involve a ballot issue requiring Article X,Section 20
notices, Jurisdiction shall be liable for$.15 per registered elector eligible to
vote in the Jurisdiction's election as of the final date of registration prior to
the November 5, 1996 election, with a $200 minimum. In addition,
Jurisdiction shall also reimburse Clerk for payment of members of the Board
of Canvassers, eligible to be paid,the sum of$15 per day pursuant to C.R.S.
1-10-201(4) when the Jurisdiction designates persons for the Board of
Canvassers.. If the Jurisdiction cancels the election before its Section 20,
Article X notices are due to the County and prior to the County Clerk
incurring any expenses for the printing of the ballots, the Jurisdiction shall
not be obligated for any expenses.
o. Designate an "election officer" who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
4. Duties of County Clerk
Agrees to perform the following tasks and activities where required by law:
a. Except as otherwise expressly provided for in this Agreement, to act as the
designated election official for the conduct of the election for the Jurisdiction
361.519
for all matters in the Code which require action by the designated election
official and as coordinated election official pursuant to 8 C.C.R. 1505-1 §
5.2.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to C.R.S.
§ 1-7-905 and 906(1)and publish and post notice,as directed in C.R.S. § 1-5-
205.
c. Provide absentee ballots,pursuant to § 1-7.5-108,C.R.S.,and 8 C.C.R. 1505-
1 §§ 10.8 and 11, as appropriate.
d. Give notice to Jurisdiction of the number of registered electors within the
Jurisdiction as of the effective date of cutoff for registration and bill
Jurisdiction at the rate established in paragraph 3 (o) for the services pursuant
to this Agreement.
e. Designate a "contact" to act as a primary liaison or contact between the
Jurisdiction and the County Clerk.
f. Select and Appoint a Board of Canvassers to canvass the votes;provided that
the Jurisdiction, at its option, may designate one of its members and one
eligible elector from the jurisdiction to assist the County Clerk in the survey
of the returns for that jurisdiction. If the Jurisdiction desires to appoint one
of its members and an eligible elector to assist, it shall make those
appointments, and shall notify the County Clerk in writing of those
961.519
appointments not later than 15 days prior to the election. The County Clerk
shall receive and canvass all votes,and shall certify the results in the time and
manner provided and required by the Code. All recounts required by the
Code shall be conducted by the County Clerk in the time and manner
required by the Code.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the
Code shall apply to completion of the tasks required by this Agreement.
b. Conflict of Agreement with law
In the event that any provision in this Agreement conflicts with the Code or
any other statute or valid prior resolution duly adopted by the Jurisdiction,
this Agreement shall be modified to conform to such law or resolution, but
no subsequent resolution of the Jurisdiction nor of the County shall impair
the rights of the County Clerk or the Jurisdiction hereunder without the
consent of the other party to this Agreement.
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
961.549
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages, not as a penalty, refund all payments made, pursuant to
paragraph 3-o of this Agreement and shall, if requested by the Jurisdiction,
conduct the next coordinated election which may include any election made
necessary by a defect in the election conducted pursuant to this Agreement
with no fee assessed to the Jurisdiction. This remedy shall be the sole and
exclusive remedy for damages available to the Jurisdiction under this
Agreement.
d. No portion of this Agreement shall be deemed to create a cause of action with
respect to anyone not a party to this Agreement, nor is this Agreement
intended to waive any privileges or immunities the parties, their officers, or
employees may possess, except as expressly provided in this Agreement.
e. This constitutes the entire agreement of the parties and no amendment may
be made except in writing approved by the parties.
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:
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DATED this day of , 1996.
WELD COUNTY CLERK& RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
J.A. "Suki" Tsukamoto Barbara J. Kirkmeyer, Chairman
APPROVED AS TO FORM: ATTEST:
Clerk to the Board of County Commissioners
County Attorney Deputy Clerk to the Board
Jurisdiction
ATTEST:
Attorney for Jurisdiction
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