HomeMy WebLinkAbout971936.tiff 1997 Master
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
Re-3(J) School Organization Planning Committee, a school organization planning
committee which has been properly created pursuant to C.R.S. §§ 22-30-105 and 22-30-106,
hereinafter referred to as "Committee", 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 4, 1997 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 Committee 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 4, 1997, and
WHEREAS,the Committee agrees to conduct a coordinated election with the County Clerk
acting as the coordinated election official, and
WHEREAS,the County Clerk is the"coordinated election official"pursuant to C.R.S. § 1-7-
116(2)and is to perform certain election services in consideration of performance by the Committee
of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116,22-31-103,
and 29-1-203, et seq., C.R.S.
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as
follows:
1. School District Re-3(J), the school district for which the Committee is seeking to
reorganize, encompasses territory within Weld County and Adams County. This
Agreement shall be construed to apply only to that portion of the Committee within
Weld County.
2. Term of Agreement: This Agreement is intended only to deal with the conduct of the
November 4, 1997 election.
3. The Committee agrees to perform the following tasks and activities:
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971936
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.
b. Check signatures on initiated petitions and determine and issue, where
appropriate, a statement of sufficiency,pursuant to § 1-40-118(1), C.R.S.or
pursuant to local Charter.
c. Defend against protests filed with the District Court, pursuant to § 1-40-118
through 120, C.R.S.
d. To do all tasks required by law of designated election officials concerning
nomination of candidates by petition, including, but not limited to: issue
approval as to form, where appropriate, of nominating petition; receive
candidate acceptance of nominations; accept notice of intent, petitions for
nomination, and affidavits of circulators; verify signatures on nominating
petitions; and hear any protests of the nominating petitions, as said tasks are
set forth in any applicable provisions of Title 1, Article IV, Parts 8 and 9, §
22-31-107, C.R.S., and those portions of the Colorado Municipal Election
Code of 1965,Article X of Title 31 as adopted by reference pursuant to § 1-
4-805, C.R.S.
e. Establish order of names and questions for Committee's portion of the ballot
and submit to the County Clerk in final form. The ballot content, including
a list of candidates,ballot title,and text,must be certified to the County Clerk
prior to 55 days before the election, pursuant to §§ 1-1-110(3) and 1-5-
203(3), C.R.S.
f. Publish and post notices of election pursuant to § 1-5-205, C.R.S., and
include the information regarding the walk-in location address for application
or return of absentee ballots as set forth in paragraph 4.c of this Agreement.
g. Accept written comments for and against ballot issues pursuant to C.R.S. §§
1-7-901 and 1-40-125(2)(e). Comments to be accepted must be filed by the
end of the business day on the Friday before the 45th day before the election.
Preparation of summaries of written comments shall be done by the
Committee but only to the extent required pursuant to § 1-7-903, C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 42 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Committee's ballot issues.
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h. Accept affidavits of intent to accept write-in candidacy and provide a list of
valid affidavits received to the County Clerk pursuant to C.R.S. §§ 1-4-1101
and 1102.
Publish or post within the Committee any notices or ballots if required in
addition to County publications set forth in paragraph 4.b herein.
j. Pay the sum of$.25 per registered elector eligible to vote in the Committee's
election as of the final date of registration prior to the November 4, 1997
election, with a $200 minimum, within 30 days of billing, regardless of
whether or not the election is actually held. Notwithstanding the foregoing,
for any election which does not involve a ballot issue requiring Article X,
Section 20 notices, Committee shall be liable for$.15 per registered elector
eligible to vote in the Committee's election as of the final date of registration
prior to the November 4, 1997 election, with a $200 minimum, plus any
additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. In addition,
Committee 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 Committee designates persons for the Board of
Canvassers pursuant to § 4(g) of this Agreement. If the Committee 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 Committee shall not be obligated for any expenses.
k. Designate an"election officer" who shall act as the primary liaison between
the Committee and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Committee hereunder.
1. By approval of this Agreement, any municipality is resolving not to use the
provisions of the Municipal Election Code, except as otherwise set forth
herein or as its use is specifically authorized by the Code.
m. Mail notices pursuant to § 1-7-906(2) for active registered electors who do
not reside within the County or counties where the political subdivision is
located.
n. Carry out all actions necessary for cancellation of an election including notice
pursuant to C.R.S. § 1-11-103.
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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 Committee
for all matters in the Code which require action by the designated election
official and as coordinated election official.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to C.R.S.
§ 1-7-905 and 906(1)and publish and post notice,as directed in C.R.S. § 1-5-
205. Publication by the County Clerk will only be in the County legal
newspaper and the Greeley Tribune.
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 20, 1997 and
ending October 31, 1997.
d. Give notice to Committee of the number of registered electors within the
Committee 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
Committee.
e. Designate a "contact" to act as a primary liaison or contact between the
Committee and the County Clerk.
f. The County Clerk shall appoint and train election judges and this power shall
be delegated by the Committee 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 Committee, at its option, may designate one of its members and one
eligible elector from the Committee to assist the County Clerk in the survey
of the returns for that Committee. If the Committee desires to appoint one of
its members and an eligible elector to assist, it shall make those
appointments, and shall notify the County Clerk in writing of those
appointments not later than 15 days prior to the election. The County Clerk
shall receive and canvass all votes,and shall certify the results in the time and
manner provided and required by the Code. All recounts required by the
Code shall be conducted by the County Clerk in the time and manner
required by the Code.
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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 Committee finds that the election for
the Committee 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 Committee,
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 Committee. This remedy shall be the sole and
exclusive remedy for damages available to the Committee 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 Committee to the Clerk at phone: (970)353-3840
Extension 3100, fax number: (970)353-1964, address: P.O. Box 459
Greeley, CO 80632; and the Committee notice shall be given to the
Committee at phone: (303) 732-4687, address: 350 N. Cedar, Keenesburg,
Colorado 80643.
Page 5 of 6 Pages
DATED this 5th day of September, 1997.
WELD COUNTY CLERK& RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
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A. "Suki" Tsukam a4 M eorge .. :axter, Chairmy
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APPROVED AS TO FORM: ATTEST: ''
Clerk to the : ..try o • A, 2,,:•f���i%: >. rs '
��I 4. I
o ty A mey Deputy Clerk to the Board
RE-3(J) SCHOOL ORGANIZATION
PLA G COMMIT
7
By:
Jack p ale, hairm
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