HomeMy WebLinkAbout25-83 Authorizing a Weld County IGA for the Conduction and Administration of the Nov. 4, 2025 Coordinated Elections 07-23-2025RESOLUTION NO. 25-83
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,
COLORADO, PROVIDING THAT A TOWN SPECIAL ELECTION WILL BE HELD ON
NOVEMBER 4, 2025 IN COORDINATION WITH WELD COUNTY, COLORADO;
DESIGNATING THE DESIGNATED ELECTION OFFICIAL; AND AUTHORIZING AN
INTERGOVERNMENTAL AGREEMENT WITH WELD COUNTY FOR THE CONDUCT AND
ADMINISTRATION OF THE COORDINATED ELECTION
WHEREAS, the Town of Firestone ("Town"), is a municipal corporation duly organized and
operating as a statutory municipality under the Constitution and laws of the State of Colorado; and
WHEREAS, November 4, 2025 is a designated coordinated election date; and
WHEREAS, pursuant to Resolution 25-74 and Resolution 25.75, the Town Board of Trustees
called for a Town special election to be held on November 4, 2025 for the purposes set forth in each
Resolution; and
WHEREAS, Section 1-7-116(1), C.R.S., provides that the county clerk and recorder shall be the
coordinated election official and shall conduct elections on behalf of all political subdivisions participating
in a coordinated election; and
WHEREAS, Section 1-7-116(2), C.R.S., provides that each participating political subdivision shall
enter into an intergovernmental agreement ("IGA") with the county clerk and recorder concerning the
conduct of the coordinated election, including cost sharing provisions, and such IGA shall be signed no
later than seventy days prior to the scheduled election; and
WHEREAS, Article X, Section 20 of the Colorado Constitution ("TABOR") requires the
production of a mailed notice ("TABOR Notice") concerning certain ballot issues and/or ballot questions
that will be submitted to the electors,ofthe County and the participating political subdivision
WHEREAS, the Town desires to participate in the coordinated election to coordinate the November
2025 Town special election and to place one or more TABOR issues before the electorate; and
WHEREAS, in accordance with the Colorado Constitution and state law, the Town may enter into
intergovernmental agreements with public entities for the provision of services, including election duties;
and
WHEREAS, the Town wishes to engage the Clerk and Recorder for Weld County, Colorado
to conduct and. help administer the special election to be held on November 4, 2025 as a coordinated
election; and
WHEREAS, the Town and the Clerk and Recorder for Weld County, Colorado desire to enter into
an intergovernmental agreement for the conduct and administration of the special election to be held on
November 4, 2025, describing the allocation of responsibility among the County Clerk, the Town and the
Town Clerk for the preparation and the conduct of the coordinated election as well as the responsibility for
the costs related to the coordinated election and for the production and mailing of the TABOR Notice
package.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. Coordinated Election, The Town Board of Trustees approves the Town's participation
in a coordinated election to be held on November 4, 2025, as a Town special election, for the purposes set
forth Resolution No. 2025-74 and Resolution No. 2025-75, calling for a special election. The election shall
be conducted as a mail ballot election, coordinated with the Weld County Clerk and Recorder's Office
Elections Department, governed by the Uniform Election Code and the laws of Colorado.
Section 2. Designated Election Official, The Town Clerk shall act as the Designated Election
Offical ("Election Official") for purposes of the election. The Election Official is authorized and directed
₹o conduct such election under the supervision of the Colorado Secretary of State, the Weld County Clerk
and Recorder's Office Elections Department, and subject to rules promulgated by the Colorado Secretary
of State, and pursuant to all applicable provisions of the Uniform Election Code, the Colorado Mail Ballot
Election Act, and the Intergovernmental Agreement. The Election Official shall have primary responsibility
for performing all election procedures that are the responsibility of the Town as provided in the
Intergovernmental Agreement.
Section 3. Intergovernmental Agreement. The Intergovernmental Agreement for the conduct and
administration of coordinated election duties between the Town of Firestone and the Clerk and Recorder
for the County of Weld, State of Colorado, regarding the November 4, 2025 coordinated election is
approved in substantially the same form as the copy attached hereto and made a part of this resolution. The
Town Board authorizes the Town Clerk to execute and carry out the terms of the Intergovernmental
Agreement with the Weld County Clerk and Recorder on behalf of the Town.
Section 4. Conduct of Election. The Designated Election Official is authorized to correct
typographical errors and omissions. The Designated Election Official and Town Attorney are hereby
authorized and directed to take all necessary and appropriate action to effectuate the provisions of this
Resolution including all reasonable and necessary action to cause such approved ballot issues to be printed
and placed on the ballot for the election.
Section 5. Actions by Town Officers and Employees. Any and all actions previously taken by the
Election Official or any other Town officer or employee in furtherance of the directions and authorizations
of this Resolution are hereby ratified and confirmed.
PASSED AND ADOPTED this ay of 2025.
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Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
Town of Firestone, 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 4, 2025, 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, nor 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 mail ballot on November 4, 2025; 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, and is to perform certain election services in consideration of performances by the Jurisdiction
of the obligations herein below set forth; and
WHEREAS, such agreements are authorized by statute at C.R.S. §§1-1-111(3), 1-7-116, and
29-1-203, e₹ seq.
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows:
1. The Jurisdiction encompasses territory within Weld County and r J I Pr
County. This Agreement shall be construed to apply only to that portion of the Jurisdiction
within Weld County.
2. Term of Agreement: This Agreement is intended only to deal with the conduct of the
November 4, 2025, Coordinated Election.
3. The Jurisdiction agrees to perform the following tasks and activities:
a. Conduct all procedures required of the clerk or designated election official for
initiatives, referenda, and referred measures under the provisions of C.R.S. §§31-11-
101 through 31-11-118.
b. To do all tasks required by law of designated election officials concerning nomination
of candidates by petition, including, but not limited to: issue approval as to form, where
appropriate, of nominating petition; determine candidate eligibility; receive candidate
acceptance of nominations; accept notice of intent, petitions for nomination, and
affidavits of circulators; verify signatures on nominating petitions; and hear any
protests of the nominating petitions, as said tasks are set forth in any applicable
provisions of Title 1, Article IV, Parts 8 and 9, and C.R.S. §1-4-501, 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 C.R.S. §1-4-805.
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Memorandum of Intergovernmental Agreement
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c. Establish order of names and questions for Jurisdiction's portion of the ballot and
submit to the County Clerk in final form. The ballot content, including a list of
candidates, ballot title, and text, must be certified to the County Clerk no later than 60
days before the election, pursuant to G.R.S. §1-5-203(3)(a). The Jurisdiction must
provide a Spanish (US) translation of the ballot title and text for the County to provide
a Spanish language sample ballot and a Spanish language in -person ballot pursuant
to § 1-5-906 and 1-5-907, C.R.S. The translation services selected by the Jurisdiction
must be screened and tested for proficiency in both written English and Spanish with
affiliation or accreditation by a nationally recognized association of translators or have
credentials or certifications that are comparable to or exceed the standards used by a
nationally recognized association of translators, and must produce translations that
are linguistically accura₹e, culturally appropriate, and technically consistent with the
original documents. The County Clerk will require the certification of translation be
turned in with the ballot content.
d. Accept written comments for and against ballot issues pursuant to C.R.S. §§ 1-7-901
and Colorado Constitution Article 10, Section 20(3)(b)(v). Comments to be accepted
must be filed by noon on the Friday before the 45th day before the election.
Preparation of summaries of written comments shall be done by the Jurisdiction but
only to the extent required pursuant to C.R.S. §1-7-903(3). The full text of any required
ballot issue notices must be transmitted to and received by the County Clerk no later
than 43 days prior to the election pursuant to C.R.S. §1-7-904. No portion of this
Subsection 3(d) shall require the County Clerk to prepare summaries regarding the
Jurisdiction's ballot issues.
e. Collect, prepare, and submit all information required to give notice pursuant to
Colorado Constitution Article 10, Section 20(3)(b), the Taxpayer's Bill of Rights. Such
information must be received by the County Clerk no less than 43 days prior to the
election to give the County Clerk sufficient time to circulate the information to voters.
f. Accept affidavits of intent to accept write-in candidacy up until close of business on
the 64th day before the election, provide a list of valid affidavits received and forward
them to the County Clerk pursuant to C.R.S. §1-4-1102(2).
g. Pay the sum of $2.50 per registered elector eligible ₹o vote in the Jurisdiction's election
as of November 4, 2025, with a $200 minimum, within 30 days of billing, regardless of
whether or not the election is actually held. If the Jurisdiction cancels the. election
before its Section 20, Article X, the Taxpayer's Bill of Rights, 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 under this Subsection
3(g). The Jurisdiction shall also be responsible for costs of recounts pursuant to C.R.S.
§§1-10.5-107 or 1-11-215, except for costs collected from an "interested party"
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Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
pursuant to C.R.S. §1-10.5-106 which shall be collected by the entity conducting the
recount.
h. Designate an "election official" who shall act as the primary liaison between the
Jurisdiction and the County Clerk and who will have primary responsibility for the
conduct of election procedures to be handled by the Jurisdiction hereunder.
By approval of this Agreement, any municipality thereby resolves to not use the
provisions of the Colorado Municipal Election Code, except as otherwise set forth
herein or as its use is specifically authorized by the Code.
J. Mail ballot issue notices pursuant to C.R.S. §1-7-906(2) for active registered electors
who do not reside within the county or counties where the political subdivision is
located.
k. Carry out all action necessary for cancellation of an election including notice pursuant
to C.R.S. §1-5-208, and pay any costs incurred by the County Clerk within 30 days of
receipt of an invoice setting forth the costs of the canceled election pursuant to
C.R.S. §1-5-208(5).
Jurisdiction shall verify as being accurate the list of registered elector's names and
addresses previously forwarded to the Jurisdiction by the Weld County Clerk and
Recorder's Office. By signing this Agreement, Jurisdiction represents that the list of
registered elector's names and addresses has been reviewed by the Jurisdiction and
is accurate. The Jurisdiction will promptly notify the contact listed in section 5(f) of any
changes to the information contained in said list.
m. By September 5th, Jurisdiction shall notify all candidates to call the Election Office at
970-400-3109, to leave a voice mail on how to pronounce the candidate's name and the
office the candidate is seeking.
4. The County Clerk Agrees to perform the following tasks and activities:
a. Except as otherwise expressly provided for in this Agreement, to act as the Coordinated
Election Official for the conduct of the election for the Jurisdiction for all matters in the
Code which require action by the Coordinated Election Official.
b. Circulate the Taxpayer's Bill of Rights notice pursuant to Colorado Constitution Article
X, Section 20.
C. Circulate general Ballot Issues notices pursuant to C.R.S. §§ 1-7-905 and 1-7-906(1),
and publish and post notice, as directed in C.R.S. §1-5-205.
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d. Designate the statutory required number of drop boxes during the election cycle.
Designate not less than the statutory requirement of voter service and polling centers
for early voting and election day.
e. After Election Day, bill Jurisdiction for number of registered electors within the
Jurisdiction as of Election Day; identify the members of the Board of Canvassers eligible
for receiving a fee; and bill the Jurisdiction for the fees.
f. Designate an employee of the Weld County Clerk and Recorder's Office, Election
Division to act as a primary liaison or contact between the County Clerk and the
Jurisdiction (see contact information in 5(f)).
g. 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.
h. 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 such appointments, and shall notify the County Clerk in
writing of such 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. The County Clerk shall perform all recounts
required by the Code.
5, Additional Provisions
a. Time of the Essence.
Time is of the essence in this Agreement. The statutory time frames of the Code shall
apply to the completion of the tasks required by this Agreement.
b. Right of Termination.
If Jurisdiction falls to accomplish its obligations, County is relieved of any further
obligation under this agreement. Jurisdiction is fully responsible for any actions that
result from its failure to meet its obligations.
c. No Waiver of Privileges or Immunities.
No term or condition of this Agreement shall be construed or interpreted as a waiver,
express or implied, of any of the immunities, rights, bene₹its, protections or other
provisions, of the Colorado Governmental Immunity Act §§ 24-10-101 et seq., as
applicable now or hereafter amended, or any other applicable privileges or immunities
held by the parties to this Agreement.
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Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
d. No Third Party Beneficiary Enforcement.
It is expressly understood and agreed that the enforcement of the terms and conditions
of this Agreement, and all rights of action relating to such enforcement, shall be strictly
reserved to the undersigned parties and nothing in this Agreement shall give or allow
any claim or right of action whatsoever by any other person not included in this
Agreement. It is the express intention of the undersigned parties that any entity other
than the undersigned parties receiving services or benefits under this Agreement shall
be an incidental beneficiary only.
e. Entire Agreement, Modification, Waiver of Breach.
This Agreement contains the entire Agreement and understanding between the parties
to this Agreement and supersedes any other agreements concerning the subject matter
of this transaction, whether oral or written. No modification, amendment, novation,
renewal, or other alteration of or to this Agreement and any attached exhibits shall be
deemed valid or of any force or effect whatsoever, unless mutually agreed upon in
writing by the undersigned parties. No breach of any term, provision, or clause of this
Agreement shall be deemed waived or excused, unless such waiver or consent shall be
in writing and signed by the party claimed to have waived or consented. Any consent by
any party hereto, or waiver of, a breach by any other party, whether express or implied,
shall not constitute a consent to, waiver of, or excuse for any other, or subsequent,
breach.
f. Notice provided for in this Agreement shall be given by the Jurisdiction to the primary
liaison designated according to section 4.f, above:
Adam Gonzales
Phone: (970) 400-3178
Fax: (970) 304-6566
Email: agonzaIes aaweld.gov
Address: PO Box 459, Greeley, CO 80632
Notice provided for in this Agreement shall be given to the Jurisdiction election official
referred to in Subsection 3(h) of this Agreement by phone:
Designated Election Official for Jurisdiction: M t V (L IYI ri y cIc7 Lu nci
Phone: 3C -5z> 1 ` (2.(o'4
After hour phone number: 1 2J } ' O 7
Additional Contact Information:
Fax:
E-mail:
Address
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Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
DATED this _ day of j 1JJ2LL
.1 2025.
WELD COUNTY CLERK AND RECORDER R{ Ef BOARD F COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNT!
Carly Koppe , et�k a ed seder y Perry Bk, Chair
APPROVED AS TO FORM: Mr EST:
,jrk to the Hoard of County Commissioners
t ____________ a4) UrY
County Attorney Deputy Clerk to the Board
Town of Firestone
APPROVED AS TO FORM:
A rney for Jurl ion ( ignature)
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