HomeMy WebLinkAbout2023 LCMD Election Cancellation Declaration{00917342.DOCX / }
CANCELLATION OF ELECTION AND
DECLARATION DEEMING CANDIDATES ELECTED FOR
LAKE CREEK METROPOLITAN DISTRICT
The Designated Election Official of the Lake 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 (63rd) day before the election or thereafter, there
are not more candidates than offices to be filled at the election to be conducted on May 2,
2023; and
As of the close of business on February 28, 2023, 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 2, 2023.
THE ELECTION IS CANCELLED AND THE FOLLOWING CANDIDATES
ARE DECLARED ELECTED FOR THE FOLLOWING TERMS:
Donald Welch 55 Spring Place 4 Year Term
Edwards CO 81632
Anne McGonagle 804 Eagle Crest Rd 4 Year Term
Edwards CO 81632
DATED this 21st day of March, 2023.
Designated Election Official
Contact Person for District: Kendra Nicholson
Telephone Number of District: 970-926-6060 Ext 107
Address of District: 28 2nd Street, Suite 213
Edwards, CO 81632
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LAKE CREEK METROPOLITAN DISTRICT
A RESOLUTION CALLING FOR THE 2023 REGULAR
DISTRICT ELECTION AND APPOINTING A
DESIGNATED ELECTION OFFICIAL
WHEREAS, the Lake Creek 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 Directors Horan-Kates and McGonagle shall
expire after their successors are elected at the regular special district election to be held on
May 2, 2023 (“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 two (2)
Directors to serve for a term of four (4) years.
NOW, THEREFORE, be it resolved by the Board of Directors of the Lake Creek
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 2, 2023, 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, two (2) Directors will be
elected to serve four-year terms.
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. Kendra Nicholson of Marchetti & Weaver, LLC (“M&W”), or such other
representative of M&W as may be designated by M&W by providing written notification
to the District in the event that Kendra Nicholson is unable to fulfill the duties of a DEO,
is hereby appointed to serve as the Designated Election Official for the conduct of the
election. 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-
DocuSign Envelope ID: 7BAFEB93-7A3D-44A8-87FA-48ACFD016DE9
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Nomination and Acceptance form with the Designated Election Official no earlier than
January 1, 2023, nor later than the close of business on Friday, February 24, 2023.
5. If the only matter before the electors is the election of Directors of the District
and if, at the close of business on February 28, 2023, there are not more candidates than
offices to be filled at the Election, including candidates timely filing affidavits of intent no
later than February 27, 2023, 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.
ADOPTED this 9th day of February, 2023.
LAKE CREEK METROPOLITAN DISTRICT
By ___________________________________
Chairman
ATTEST:
By ______________________________
Secretary
DocuSign Envelope ID: 7BAFEB93-7A3D-44A8-87FA-48ACFD016DE9
