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Home My WebLink About2022 TSMD Cancellation of ElectionEagle County Clerk & Recorder RECEIVED MAR 2 8 2022 NOTICE OF CANCELLATION OF REGULAR ELECTIvi ' By BY THE DESIGNATED ELECTION OFFICIAL FOR THE TIMBER SPRINGS METROPOLITAN DISTRICT NOTICE IS HEREBY GIVEN by the Timber Springs 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: Kenneth Marchetti 3 Year Term until May 2025 VACANT 3 Year Term until May 2025 VACANT 3 Year Term until May 2025 VACANT 1 Year Term until May 2023 VACANT 1 Year Term until May 2023 TIMBER SPRINGS METROPOLITAN DISTRICT By: lsl Beth Johnston Designated Election Official Published on: March 31, 2022 Published in: Eagle Valley Enterprise Contact Person for District: Beth Johnston Telephone Number of District: 970-926-6060 extension 111 Address of District: 28 Second St, Ste 213, Edwards CO 81632 Email of District: bethj@mwcpaa.com uocublgn tnvelope IU: bZt.J1JAbN-yH1- 1-4esa4-aIUO-basaZutr IrZ/ TIMBER SPRINGS METROPOLITAN DISTRICT A RESOLUTION CALLING FOR THE 2022 REGULAR DISTRICT ELECTION AND APPOINTING A DESIGNATED ELECTION OFFICIAL WHEREAS, the Timber Springs Metropolitan District ("District") is a quasi - municipal corporation and political subdivision of the State of Colorado and a duly organized and existing special district pursuant to Title 32, Colorado Revised Statutes; and WHEREAS, the terms of office of Director , Vacant, Vacant, Vacant, and Vacant shall expire after their successors are elected at the regular special district election to be held on May 3, 2022 ("Election") and have taken office; and WHEREAS, in accordance with the provisions of the Special District Act ("Act") and the Colorado Local Government Election Code ("Code") (the Act and the Code being referred to jointly as the "Election Laws"), the Election must be conducted to elect three (3) Directors to serve for a term of three (3) years, and two (2) Directors to serve a term for one (1) year. NOW, THEREFORE, be it resolved by the Board of Directors of the Timber Springs Metropolitan District in the County of Eagle, State of Colorado that: 1. The regular election of the eligible electors of the District shall 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, and other applicable laws. At that time, three (3) Directors to serve for a term of three (3) years, and two (2) Director to serve a term for one (1) year will be elected. 2: The Election shall be conducted as a mail ballot election in accordance with all relevant provisions of the Election Laws. The Designated Election Official shall prepare the Plan for conducting the mail ballot Election. There shall be no election precinct or polling place. All mail ballots shall be returned to the Designated Election Official's office, located at 28 Second Street, Suite 213, Edwards, CO 81632. 3. The Board of Directors hereby designates Beth Johnston, of Marchetti & Weaver, LLC, as the Designated Election Official for the conduct of the Election on behalf of the District, and she is hereby authorized and directed to proceed with any action necessary or appropriate to effectuate the provisions of this Resolution and of the Election Laws or other applicable laws. Among other matters, the Designated Election Official shall publish the call for nominations, appoint election judges as necessary, appoint the Canvass Board, arrange for the required notices of election, printing of ballots, and direct that all other appropriate actions be accomplished. 4. Self -Nomination and Acceptance forms are available at the Designated Election Official's office located at the above address. All candidates must file a Self- {00457990.DOC } Pagel of 3 uocuoiyn tnveiope w: tmumHoH-aHr i-wuaw-aita-nasa/utr ir// RESOLUTION OF TIMBER SPRINGS METROPOLITAN DISTRICT (CONTINUED) TO CALL REGULAR DISTRICT ELECTION AND APPOINT DESIGNATED ELECTION OFFICIAL (Pursuant to Title 32, Colorado Revised Statutes) Nomination and Acceptance form with the Designated Election Official no earlier than January 1, 2022, nor later than the normal close of business on the 671h day before the election (February 25, 2022). 5. If the only matter before the electors is the election of Directors of the District and if, at the close of business on the 63rd day before the election (February 28, 2022), there are not more candidates than offices to be filled at the Election, including candidates timely filing affidavits of intent no later than 64 days before the election (March 1, 2022), the Designated Election Official shall cancel the Election and declare the candidates elected. Notice of such cancellation shall be published and posted in accordance with the Code. 6. If any part or provision of this Resolution is adjudged to be unenforceable or invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this Resolution, it being the Board's intention that the various provisions hereof are severable. 7. Any and all actions previously taken by the Designated Election Official, the Secretary of the Board of Directors, or any other persons acting on their behalf pursuant to the Election Laws or other applicable laws, are hereby ratified and confirmed. 8. All acts, orders, and resolutions, or parts thereof, of the Board which are inconsistent or in conflict with this Resolution are hereby repealed to the extent only of such inconsistency or conflict. 9. The provisions of this Resolution shall take effect immediately. (THE REMAINDER OF THIS PAGE FNTENTIONALLY LEFT BLANK) (00457990.DOC 1) Page 2 of 3 DocuSign Envelope ID: B2C38A6A-9AF1-4894-97C8-693920EF1F27 RESOLUTION OF TIMBER SPRINGS METROPOLITAN DISTRICT (CONTINUED) TO CALL REGULAR DISTRICT ELECTION AND APPOINT DESIGNATED ELECTION OFFICIAL (Pursuant to Title 32, Colorado Revised Statutes) The above resolution calling for the 2022 regular district election and appointing a designated election official is adopted this 1 Oth day of March, 2021. TIMBER SPRINGS METROPOLITAN DISTRICT By.F�cuSigned by. &-4)-t � C airman ATTEST: By _not applicable, only 1 board member Secretary 100457990.DOC 1) Page 3 of 3