HomeMy WebLinkAboutMountain Vista MD (19072) May 2020 Elect CancelCANCELLATION OF ELECTION AND
DECLARATION DEEMING CANDIDATES ELECTED FOR
MOUNTAIN VISTA METROPOLITAN DISTRICT
The Designated Election Official of the Mountain Vista 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 (631) 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 5, 2020; and
As of the close of business on March 2, 2020, 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 5, 2020.
THE ELECTION IS CANCELLED AND THE FOLLOWING CANDIDATES
ARE DECLARED ELECTED FOR THE FOLLOWING TERMS:
Daniel Pirrallo Three (3) Year Term until May 2023
Lisa Sutila Three (3) Year Term until May 2023
DATED this 11 th day of March, 2020. }
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Designated EYection Official
Contact Person for District:
Telephone Number of District:
Address of District:
(00485361.DOCx )
Kathy Lewensten
(970) 926.6060, Ext 3
28 Second Street, Suite 213
Edwards, CO 81632
RESOLUTION OF
THE BOARD OF DIRECTORS OF
MOUNTAIN VISTA METROPOLITAN DISTRICT
2020 REGULAR SPECIAL DISTRICT ELECTION RESOLUTION
WHEREAS, Mountain Vista Metropolitan District (the "District') was organized
pursuant to Section 32-1-101 et seq., C.R.S. of the Special District Act (the "Act'); and
WHEREAS, the Board of Directors (the "Board") for the District consists of five (5)
directors offices; and
WHEREAS, the terms of office for Directors Kyle Lester, Daniel Pirrallo, and Lisa
Sutila, shall expire after their successors are elected at the next regular special district election
scheduled to be held on May 5, 2020 (the "Election"); and
WHEREAS, the Board desires to call the Election for purposes of electing three (3)
directors to the Board to each serve a term of three years; and
WHEREAS, the Board desires to set forth the procedures for conducting the Election in
accordance with the provisions of the Act, the Colorado Local Government Election Code,
Sections 1-13.5-101, et seq., C.R.S. (the "Code"), and all provisions of the Uniform Election
Code of 1992 not in conflict with the Code except as otherwise provided in Section 1-13.5-
106(2), C.R.S.; and
WHEREAS, pursuant to Section 32-1-804(1), C.R.S., the Board shall govern the conduct
of the Election and render all interpretations and make all decisions as to controversies or other
matters arising in conducting the Election; and
WHEREAS, pursuant to Section 32-1-804(2), C.R.S., all powers granted by the Board by
Part 8, Article 1 of Title 32, for the conduct of regular or special elections may be exercised in
the absence of the Board by the secretary or by an assistant secretary appointed by the Board,
and the person named by the Board who is responsible for the conducting of the election shall be
the designated election official; and
WHEREAS, pursuant to Section 1-13.5-108(1), C.R.S., the designated election official
named by the Board shall render all interpretations and shall make all initial decisions as to
controversies or other matters arising in operation of the Code; and
WHEREAS, for purposes of the Election, the Board desires to appoint an assistant
secretary, who shall be the designated election official for the Election and exercise all powers
granted by the Board for the conduct of the Election,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
MOUNTAIN VISTA METROPOLITAN DISTRICT THAT:
1. The Board hereby calls a regular election of the eligible electors of the District to
be held on May 5, 2020 between the hours of 7:00 A.M. and 7:00 P.M. pursuant to and in
accordance with the Act, Code, and other applicable laws, for the purpose of electing three (3)
directors to each serve a term of three years on the Board. Such Election shall be conducted as
an independent mail ballot election pursuant to Section 1-13.5-1101 et seq., C.R.S. and all other
relevant provisions of the Code.
2. Pursuant to Section 32-1-804(2), C.R.S., the Board hereby appoints Kathy
Lewensten, of Marchetti & Weaver LLC ("District Manager") as Assistant Secretary to the
District for purposes of the Election, who shall be the Designated Election Official for the
Election. The Designated Election Official shall act as the primary contact with the Eagle
County Clerk and Recorder's office and shall be primarily responsible for ensuring the proper
conduct of the Election including, but not limited to, appointing election judges as necessary,
appointing the Board of Canvassers, arranging for the required notices of the election and
printing of ballots, and directing that all other appropriate actions be accomplished. The Board
hereby directs the District Manager to oversee the general conduct of the Election.
3. Pursuant to Section 1-13.5-303, C.R.S., any person who desires to be a candidate
for the office of director in the District must file a self -nomination and acceptance form or letter,
signed by the candidate and by an eligible elector of the State as a witness to the signature of the
candidate, with the Designated Election Official no later than 3:00 P.M. on February 28, 2020.
On the date of signing the self -nomination and acceptance form or letter a candidate for director
shall be an eligible elector of the District. Pursuant to Section 32-1-103(5), C.R.S., an "eligible
elector" means a person who, at the designated time or event, is registered to vote in the State of
Colorado and (i) who is a resident of the special district; or (ii) who, or whose spouse or civil
union partner, owns taxable real or personal property situated within the boundaries of the
special district, whether said person resides within the special district or not. A person who is
obligated to pay taxes under a contract to purchase taxable property situated within the
boundaries of the special district is considered an "owner" for purposes of this definition. Self -
nomination and acceptance forms are available at the Designated Election Official's office
located at 28 Second Street, Suite 213, Edwards, Colorado 81632.
4. Pursuant to Section I-13.5-1002(1)(b), C.R.S., applications for absentee voter's
ballots may be filed with the Designated Election Official's office, between the hours of 8:00
a.m. and 5:00 p.m., until the close of business on the Friday immediately preceding the Election
(May 5, 2020).
5. Pursuant to Sections 1-13.5-513(1)&(6), C.R.S., the Board hereby authorizes and
directs the Designated Election Official to cancel the Election and declare the candidates elected
if, at the close of business on the sixty-third day before the Election (March 3, 2020), 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 file
cancellation notices with the Eagle County Clerk and Recorder's Office and with the Colorado
Division of Local Government, to post notice of the cancellation in the office of the Designated
Election Official, and to provide notice by publication of the cancellation of the election. The
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Designated Election Official also shall notify the candidates that the Election was cancelled and
that they were elected by acclamation.
6. The District shall be responsible for the payment of any and all costs associated
with the conduct of the Election, including its cancellation, if necessary.
7. This Resolution shall take effect on the date and at the time of its adoption.
(Signatures Begin on Next Page.)
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ADOPTED AND APPROVED THIS 5TH DAY OF SEPTEMBER , 2019.
MOUNTAIN VISTA METROPOLITAN DISTRICT
By: David Weiss
Its: President
ATTEST:
By:
ecretary
