HomeMy WebLinkAbout2020 Notice_Resolution to Cancel Election, Declaration & Cert ResultsNOTICE OF CANCELLATION OF REGULAR SPECIAL DISTRICT ELECTION BY THE DESIGNATED ELECTION OFFICIAL 1-13.5-513(l) and (6), C.R.S. TOWER CENTER METROPOLITAN DISTRICT NOTICE IS HEREBY GIVEN by the Tower Center Metropolitan District, Eagle County, Colorado, that at the close of business on the sixty-third (63rd) day before the election, 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 February 4, 2020, is hereby canceled pursuant to Section 1-13.5-513(1), C.R.S. The following candidates were declared elected by acclamation: Kenneth J. Marchetti May 2022 Term Debra J. Braucht May 2020 Term Kathy R. Lewensten May 2020 Term TOWS NTER METR LITAN DISTRICT I St cie L. PQc ec tacie L. acheco, Designated Election Official Contact Person for the District: Alan D. Poaue. Es ICENOGLE SEAVER POGUE, P.C. 4725 South Monaco Street, Suite 360 Denver, Colorado 80237 Telephone: 303-292-9100 PUBLISHED IN: The Eagle Valley Enterprise PUBLISHED ON: Thursday, December 19, 2019 TCMD\ELECTI0NS\FEB2020\SLP 102412619 1328.0009 RESOLUTION FOR CANCELLATION OF ELECTION, DECLARATION DEEMING CANDIDATES ELECTED, AND CERTIFICATE OF ELECTION RESULTS ยงยง 1-11-103(3), 1-13.5-513(1) and 32-1-104(1), C.R.S. TOWER CENTER METROPOLITAN DISTRICT TOWN OF GYPSUM, COLORADO WHEREAS, Stacie L. Pacheco, the Designated Election Official ("DEO") for the Tower Center Metropolitan District (the "District") has been duly authorized by a resolution of the Board of Directors of the District to cancel and declare candidates elected at the close of business on the sixty-third day before the special election to be conducted on February 4, 2020 ("Election") if there are not more candidates than offices to be filled, including candidates filing affidavits of intent to be write-in candidates, a copy of which is attached hereto as Exhibit A; and WHEREAS, there were not more candidates than offices to be filled, including candidates filing affidavits of intent to be write-in candidates, at the close of business on the sixty-third day before the Election; NOW THEREFORE, the DEO hereby certifies that at the close of business on the sixty- third day before the Election there were not more candidates than offices to be filled, including candidates filing affidavits of intent to be write-in candidates. Therefore, the DEO hereby cancels the Election pursuant to Section 1-13.5-513, C.R.S. and declares the following candidates elected by acclamation for the following terms of office: Name: Kenneth J. Marchetti Debra J. Braucht Kathy R. Lewensten Address: 914 Mayne Street Gypsum, Colorado 81637 778 Valley Road P.O. Box 5177 Gypsum, Colorado 81637 104 E. 71h P.O. Box 1102 Eagle, Colorado 81631 TO Contact Person for the District: ENTER METRO L. Pacheco, Desi Alan D. Pogue, Esq. ICENOGLE SEAVER POGUE, P.C. 4725 South Monaco Street Suite 360 Denver, Colorado 80237 Telephone: 3 03-292-9100 Term: May 2022 May 2020 May 2020 AN DISTRICT ion Official EXHIBIT A RESOLUTION OF THE SPECIAL ELECTION ON FEBRUARY 4, 2020 RESOLUTION OF THE BOARD OF DIRECTORS OF TOWER CENTER METROPOLITAN DISTRICT REGARDING A SPECIAL ELECTION ON FEBRUARY 4, 2020 WHEREAS, Tower Center :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 District is located within the Town of Gypsum, a home rule municipality (the "Town"); and WHEREAS, in March 2019, the Division of Local Government through the Colorado Attorney General's Office initiated proceedings to administratively dissolve the District, which had no elected board of directors at such time; and WHEREAS, in order to avoid administrative dissolution, the Attorney General agreed to allow the owners of property within the District to, by Town appointment, seat a board of directors and take such other action as necessary to bring the District into compliance with statutory requirements for special districts; and WHEREAS, in accordance with Section 32-1-905(2.5), C.R.S., on May 28, 2019 the Town Council of the Town adopted Resolution No. 20 (Series 2019) pursuant to which it appointed three directors to the Board of Directors of the District (the "Board") and directed the appointed Board to call for an election for the purpose of electing members to the Board; and WHEREAS, pursuant to Section 32-1-905(2.5), C.R.S., the appointed Board shall call for nominations for a special election within six months after their appointment, which special election is to be held in accordance with the provisions of Section 32-1-305.5, C.R.S. and articles 1 to 13.5 of title 1, C.R.S.; and WHEREAS, the Board desires to call a special election to be held on February 4, 2020 (the "Election") for purposes of electing three (3) directors for terms expiring May 2020 and two (2) directors for terms expiring May 2022; 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, el seq., C.R.S. (the "Code"), and in accordance with the order authorizing the Election issued by the District Court in and for the County of Eagle, Colorado, and all provisions of the LJniform 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 snake 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 and authority granted by the Board by fart 8, Article 1 ofTitle 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(l), 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 'POWER CENTER METROPOLITAN DISTRICT THAT: 1. The Board hereby calls a special election of the eligible electors of the District to be held on February 4, 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 purposes of electing three (3) directors for terms expiring May 2020 and two (2) directors for terms expiring May 2022. 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 Stacie L. Pacheco of the law firm of Icenogle Seaver Pogue, P.C. ("General Counsel") 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 General Counsel 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 November 29, 2019. To provide therefor, the District shall cause a call for nominations for the Election to be published in the Eagle Valley F,nterprise between October 31 through November 21, 20t9. 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 2 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 4725 South Monaco Street, Suite 360, Denver, Colorado 80237. 4. Pursuant to Section 1-13.5-1002(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 Tuesday immediately preceding the Election (January 28, 2020). 5. Pursuant to Sections 1-13.5-513(1)&(6), C.R.S., the Board 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 (December 3, 2019), 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. 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. [Remainder of Page Left :Blank Intentionally,] ADOPTED AND APPROVED THIS 30"" DAY of SEPTEMBER , 2019, TOWER CENTER METROPOLITAN DISTRICT KenkhK4rcltetti, President ATTEST: 1 Kathy Lcwcnst tt, Secretarp