HomeMy WebLinkAboutAvon Station MD (19062) May 2020 Elect Cancellation0466.0009: 996664 1
JOINT RESOLUTION OF BOARDS OF DIRECTORS
CALLING ELECTION
CONFLUENCE METROPOLITAN DISTRICT
AND
AVON STATION METROPOLITAN DISTRICT
§§ 32-1-804, 1-1-111(2), 1-13.5-1103(1), and 1-13.5-513(1)
At a joint meeting of the Boards of Directors of the Confluence Metropolitan District and
Avon Station Metropolitan District (each a “District,” and each Board of Directors of a District, a
“Board”), 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 5, 2020, for the
purpose of electing directors 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. The
Election shall be conducted as an independent mail ballot election in accordance with § 1-13.5-
1101, et seq., C.R.S..
0466.0009: 9966644 2
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.
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