HomeMy WebLinkAbout2022 CC Cancellation of Electiontagie County Clerk & Recorder
RECEIVED
MAR 2 8 2022
NOTICE OF CANCELLATION OF REGULAR ELECTIONa
Y
BY THE DESIGNATED ELECTION OFFICIAL FOR THE
CHATFIELD CORNERS METROPOLITAN DISTRICT
NOTICE IS HEREBY GIVEN by the Chatfield Corners 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 3, 2022, is hereby cancelled.
The following candidates are declared elected:
Dean Callis
Grant Murphy
James Werkmeister
Published on: March 31, 2022
3 Year Term until May, 2025
3 Year Term until May 2025
3 Year Term until May 2025
CHATFIELD CORNERS METROPOLITAN
DISTRICT
By: /s/ Beth Johnston
Designated Election Official
Published in: Eagle Valley Enterprise
Contact Person for District: Beth Johnston
Telephone Number of District:
Address of District:
Email of District:
{00729014.DOCX }
970-926-6060 extension 111
28 Second St, Ste 213, Edwards CO 81632
bethj@mwcpaa.com
RESOLUTION OF
THE BOARD OF DIRECTORS OF
CHATFIELD CORNERS METROPOLITAN DISTRICT
2022 REGULAR SPECIAL DISTRICT ELECTION RESOLUTION
WHEREAS, Chatfield Corners Metropolitan District (the "District") was organized
pursuant to the Special District Act, Article 1 of Title 32, C.R.S. (the "Act'), after approval of the
eligible electors of the District, by order of the District Court in and for Eagle County, Colorado;
and
WHEREAS, after organization, District elections to elect members to the Board of
Directors (the "Board") of the District and/or to present certain ballot questions to the eligible
electors of the District are governed by the Act; the Uniform Election Code of 1992, Articles 1 to
13 of Title 1, C.R.S. (the "Uniform Code"); and the Colorado Local Government Election Code,
Article 13.5 of Title 1, C.R.S. (the "Local Government Election Code") (the Act, Uniform Code,
and Local Government Election Code are collectively referred to herein as the "Election Laws");
and
WHEREAS, the Board currently includes five (5) members elected to serve on the Board: and
WHEREAS, the tern of office for three (3) members of the Board shall expire after his
successor is elected at the next regular election for the District scheduled to be held on the Tuesday
succeeding the first Monday of May, which is May 3, 2022 (the "Election'), in accordance with § 1-
13.5-111(1), C.R.S.; and
WHEREAS, except as otherwise provided below, the term of office for members of the Board
elected in the Election are for three (3) years pursuant to § 32-1-305.5(3)(b), C.R.S.; and
WHEREAS, in accordance with the Election Laws, 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, pursuant to Section 32-1-804(l), 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; and
WHEREAS, §§ 1-13.5-501(1) &-(1.7), C.R.S., require that, between seventy-five (75) and
one hundred (100) days before a regular election, the Designated Election Official shall provide
public notice of a call for nominations for the election by two methods: (1) by emailing the notice
to each active registered elector of the District as of the date that is one hundred fifty (150) days
prior to the election or, if no email address is on file, by mail as provided in § 1-13.5-501(1.7),
C.R.S., and (2) by any one of the following means: publication, as defined in § 1-13.5-501(2),
C.R.S.; including the notice as a prominent part of an informational mailing sent by the District to
the eligible electors of the District; posting the information of the official website of the District;
or, if permitted under § 1-13.5-501(1.7)(b)(IV), C.R.S., posting the notice in at least three public
places within the boundaries of the metropolitan district and in the office of the Clerk and Recorder
of Eagle County; and
WHEREAS, § 1-13.5-1104(2), C.R.S. requires the Designated Election Official to
supervise the distributing, handling, and counting of ballots and the survey of returns, and to take
the necessary steps to protect the confidentiality of the ballots cast and the integrity of the election;
and
WHEREAS, §§ 1-11-103(3) & 32-1-104(1), C.R.S. require the District to certify to the
Division the results of any elections held by the District and include the District's business address,
telephone number, and contact person; and
WHEREAS, § 1-13.5-513(1), C.R.S. provides that if the only matter before the electors in an
election is the election of persons to office and if, at the close of business day on the sixty-third (63`d)
day before the election or at any time thereafter, there are not more candidates than offices to be filled
at the election, the Designated Election Official shall cancel the election and declare the candidates
elected if so instructed by resolution of the governing body; and
WHEREAS, § 1-11-103(3), C.R.S. provides that if an election is cancelled pursuant to § 1-
13.5-513(l), C.R.S., the District shall file notice and a copy of the resolution of such cancellation
with the Colorado Division of Local Government (the "Division"); and
WHEREAS, the Board desires to call an election and set forth herein the procedures for
conducting such election as authorized by the Election Laws.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE
CHATFIELD CORNERS METROPOLITAN DISTRICT THAT:
1. The Board hereby calls a regular election of the eligible electors of the District to
be held on May 3, 2022 between the hours of 7:00 A.M. and 7:00 P.M. pursuant to and in
accordance with the Election Laws, for the purpose of electing three (3) directors to each serve a
three-year term on the Board. Such numbers may change due to one or more vacancies arising on the
Board after the adoption of this Resolution and prior to the Election. The Election shall be conducted
as an independent mail ballot election pursuant to Part 11 of the Local Government Election Code
and all other relevant provisions of the Code.
2. Pursuant to Section 32-1-804(2), C.R.S., the Board hereby names Beth Johnston of
Marchetti & Weaver LLC ("District Manager") as Assistant District Manager to the District for
purposes of the Election, who shall be the Designated Election Official ("DEO") for the Election,
or such other representative of District Manager by providing written notice to the District in the
event that Beth Johnston is unable to fulfill the duties of DEO. 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. The Board hereby directs the Designated Election Official to provide public notice of
a call for nominations for the Election in accordance with the requirements of § 1-13.5-501, C.R.S.,
which shall include information regarding the director offices to be voted upon at the Election, where
a self -nomination and acceptance form or letter may be obtained, the deadline for submitting the self -
nomination and acceptance form or letter to the Designated Election Official, and information on
obtaining an absentee ballot. The notice shall be emailed to each active registered elector of the
District as specified in the registration list provided by the Eagle County Clerk and Recorder as of the
date that is one hundred fifty (150) days prior to the date of the Election or, if no email address is on
file, by mail as provided in § 1-13.5-501(1.7), C.R.S. In addition, public notice shall be provided
by: posting the information on the official website of the District.
4. Pursuant to Section I-13.5-1002(1)(b), C.R.S., applications for absentee voter's
ballots may be filed at the Designated Election Official's office (at such address noted in Paragraph
5 below), between the hours of 8:00 a.m. and 5:00 p.m., until the close of business on the Tuesday
immediately preceding the Election (April 26, 2022).
5. 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 5:00 P.M. on the day that is sixty-
seven (67) days prior to the Election (February 25, 2022). 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.
6. 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 (63`d) day before the Election (March 1, 2022), 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
Designated Election Official also shall notify the candidates that the Election was cancelled and
that they were elected by acclamation.
7. In accordance with §§ l-1 1-103(3) & 32-1-104(1), C.R.S., the District directs the
Designated Election Official to notify the Division of the results of any elections held by the
District, including the District's business address, telephone number, and contact person within
thirty (30) days after the Election (June 2, 2022).
8. The Designated Election Official and the officers, agents, consultants, and
employees, if any, of the District are hereby authorized and directed to take all action necessary or
appropriate to effectuate the provisions of this Resolution.
9. All actions not inconsistent with the provisions of this Resolution heretofore taken
by the members of the Board, the Designated Election Official, and the officers, agents,
consultants, and employees, if any, of the District, and directed toward holding the Election for
the purposes stated herein are hereby ratified, approved, and confirmed.
10. All prior acts, orders, or resolutions, or parts thereof, by the District in conflict with
this Resolution are hereby repealed, except that this repealer shall not be construed to revive any
act, order, or resolution, or part thereof, heretofore repealed.
11. If any section, paragraph, clause, or provision of this Resolution shall be adjudged
to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause,
or provision shall not affect any of the remaining sections, paragraphs, clauses or provisions of
this Resolution, it being the intention that the various parts hereof are severable.
12. 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, and those costs incurred pursuant
to the terms and conditions of an election agreement with the County, if any.
13. This Resolution shall take effect on the date and at the time of its adoption.
[Remainder of page intentionally left blank.]
4
Whereupon, a motion was made and seconded, and upon a majority vote, this Resolution
was approved by the Board.
ADOPTED AND APPROVED THIS 20 DAY OF OCTOBER, 2021.
CHATFIEL CORNERS METROPOLITAN DISTRICT
By:
Its: Grant Murphy, President
