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Home My WebLink About2018 Cancellation of ElectionCANCELLATION OF ELECTION AND DECLARATION DEEMING CANDIDATES ELECTED FOR SMITH CREEK METROPOLITAN DISTRICT The Designated Election Official of the Smith Creek Metropolitan District has been duly authorized by the Board of Directors to cancel and declare candidates elected if, at the close of business on the sixty-third (63') day before the election or at any time thereafter, there are not more candidates than offices to be filled at the election to be conducted on May 8, 2018; and As of the close of business on March 6, 2018, or thereafter, there were not more candidates for Director than offices to be filled, including candidates filing affidavits of intent to be write-in candidates. Pursuant to Section 1-13.5-513(1), C.R.S., the Designated Election Official hereby cancels the regular election to be conducted on May 8, 2018. THE ELECTION IS CANCELLED AND THE FOLLOWING CANDIDATES ARE DECLARED ELECTED FOR THE FOLLOWING TEI?,MS: Beth Howard Kevin Hopkins Gabrielle Keown William Kennedy PO Box 2703 Edwards, CO 81632 PO Box 4388 Vail, CO 81657 2114 N Raleigh St Denver, CO 80212 PO Box 215 Eagle, CO 81631 Two (2) Year Term Four (4) Year Term Four (4) Year Term Four (4) Year Term DATED this 7th day of March, 2018. Designated Election Official Contact Person for District: Kathy Lewensten Eagl County clerk & nder Reco C11 VEp Telephone Number of District: (970) 926.6060, Ext 3 Jt1;� 4 Z018 Address of District: 28 Second Street, Suite 213 pM Edwards, CO 81632 (0048536I.UOCa 1� NOTICE OF CANCELLATION OF REGULAR ELECTION BY THE DESIGNATED ELECTION OFFICIAL FOR THE SMITH CREEK METROPOLITAN DISTRICT NOTICE IS HEREBY GIVEN by the Smith Creek Metropolitan District, Eagle County, Colorado, that at the close of business on the sixty-third (63rd) day before the election or thereafter there were not more candidates for Director than offices to be filled, including candidates filing affidavits of intent to be write-in candidates; therefore, the election to be held on May 8, 2018, is hereby cancelled. The following candidates are declared elected: Beth Howard Two (2) Year Term Kevin Hopkins Four (4) Year Term Gabrielle Keown Four (4) Year Term William Kennedy Four (4) Year Term SMITH CREEK METROPOLITAN DISTRICT By: Kathy Lewensten Designated Election Official Published on: March 29, 2018 Published in: Eagle Valley Enterprise Eagle County Clerk & Recorder RECEIVED JUN 4 201R By---- PM��,_.— 100485521 DOCX RESOLUTION OF BOARD OF DIRECTORS CALLING ELECTION SMITH CREEK METROPOLITAN DISTRICT §§ 32-1-804, 1-1-111(2), 1-13.5-1103(1), 1-13.5-513(l), C.R.S. At a meeting of the Board of Directors (the "Board") of the Smith Creek Metropolitan District (the "District"), it was moved to adopt the following Resolution: WHEREAS, the District was organized as a special district pursuant to §§ 32-1-101, et seq., C.R.S. (the "Special District Act"); and WHEREAS, the District is located entirely within Eagle County, Colorado (the "County"); and WHEREAS, pursuant to § 32-1-804, C.R.S., the Board governs the conduct of regular and special elections for the District; and WHEREAS, the Board anticipates holding a regular election on May 8, 2018, for the purpose of electing directors and submitting ballot issues and/or questions to eligible electors of the District, and desires to take all actions necessary and proper for the conduct thereof (the "Election"); and WHEREAS, the Election shall be conducted pursuant to the Special District Act, the Colorado Local Government Election Code and the Uniform Election Code of 1992, to the extent not in conflict with the Colorado Local Government Election Code, including any amendments thereto, and shall also comply with Article X, § 20 of the Colorado Constitution ("TABOR"), as necessary; and WHEREAS, pursuant to § 1-1-111(2), C.R.S., the Board is authorized to designate an election official (the "Designated Election Official") to exercise authority of the Board in conducting the Election; and WHEREAS, pursuant to § 1-13.5-513(1), C.R.S., the Board can authorize the Designated Election Official to cancel the Election upon certain conditions. NOW, THEREFORE, BE IT RESOLVED by the Board as follows: 1. The Board hereby calls the Election for the purpose of electing directors and presenting certain ballot issues and/or questions to the electorate. The Election shall be conducted as an independent mail ballot election in accordance with § 1-13.5-1101, et seq., C.R.S.. 9993.0009: 583400 2. The Board names Kathy Lewensten of Marchetti & Weaver, LLC as the Designated Election Official for the Election. The Designated Election Official shall act as the primary contact with the County and shall be primarily responsible for ensuring the proper conduct of the Election. 3. Without limiting the foregoing, the following specific determinations also are made: a. The Board hereby directs general counsel to the District to approve the final form of the ballot to be submitted to the eligible electors of the District and authorizes the Designated Election Official to certify those questions and take any required action therewith. b. The Board hereby directs general counsel to the District to oversee the general conduct of the Election and authorizes the Designated Election Official to take all action necessary for the proper conduct thereof and to exercise the authority of the Board in conducting the Election, including, but not limited to, causing the call for nominations; appointment, training and setting compensation of election judges and a board of canvassers, as necessary; all required notices of election, including notices required pursuant to TABOR; printing of ballots; supervision of the counting of ballots and certification of election results; and all other appropriate actions. 4. The District shall be responsible for the payment of any and all costs associated with the conduct of the Election, including its cancellation, if permitted. 5. The Board hereby ratifies any and all actions taken to date by general counsel and the Designated Election Official in connection with the Election. 6. The Board hereby authorizes and directs the Designated Election Official to cancel the Election and to declare the candidates elected if, at the close of business on the sixty-third day before the Election, or at any time thereafter, there are not more candidates for director than offices to be filled, including candidates filing affidavits of intent to be write-in candidates, and so long as the only ballot questions are for the election of candidates. The Board further authorizes and directs the Designated Election Official to publish and post notice of the cancellation as necessary and file such notice and cancellation resolutions with the County Clerk and Recorder and with the Division of Local Government, as required. The Designated Election Official shall also notify the candidates that the Election was canceled and that they were elected by acclamation. 7. This Resolution shall remain in full force and effect until repealed or superseded by subsequent official action of the Board. [Remainder of Page Intentionally Left Blank] 0268.0009: 952966 1 ADOPTED THIS 13TH DAY OF NOVEMBER, 2017. ATTEST: APPROVED AS TO FORM: WHITE BEAR ANKELE TANAKA & WALDRON Attorneys at General Counsel to the District 0268.0009; 852966 3 CREEK METROPOLITAN DISTRICT District