HomeMy WebLinkAbout2022 TCMD Notice_Reso Cancel Elect, Declaration & Cert ResultsTCMD\ELECTIONS\MAY2022\SLP1544030922
1328.0009
NOTICE OF CANCELLATION OF REGULAR ELECTION
BY THE DESIGNATED ELECTION OFFICIAL
1-13.5-513(1) 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 May 3, 2022, is
hereby canceled pursuant to Section 1-13.5-513(1) and (6), C.R.S.
The following candidates were declared elected by acclamation:
Vacant May 2023 Term
Kenneth Marchetti May 2025 Term
Vacant May 2025 Term
TOWER CENTER METROPOLITAN DISTRICT
/s/ Stacie L. Pacheco
Stacie L. Pacheco, Designated Election Official
Contact Person for the District:
Alan D. Pogue, Esq.
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, March 17, 2022
RESOLUTION OF
THE BOARD OF DIRECTORS OF
TOWER CENTER METROPOLITAN DISTRICT
2022 REGULAR SPECIAL DISTRICT ELECTION RESOLUTION
WHEREAS, Tower Center 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 for the District consists of five (5) director offices, and of those
five directors offices, two were elected to serve a term until their successors are elected at the
regular special district election scheduled for May 2023; one (1) was elected to serve a term until
the next regular special district election scheduled; one (1) director office is vacant with a term
expiring at the next regular special district election; and one (1) director office is vacant with a
term expiring at the regular special district election scheduled for May 2023; and
WHEREAS, pursuant to Section 32-1-905(2)(a), C.R.S., any director appointed to the
Board will serve until the next regular special district election, at which time, the vacancy shall
be filled by election for any remaining unexpired portion of the term; and
WHEREAS, the next regular special district election for the District to elect members to
the Board is scheduled to be held on the Tuesday succeeding the first Monday of May, which is
May 3, 2022 (the “Election”) pursuant to Section 1-13.5-111(1), C.R.S.; and
WHEREAS, in accordance with Election Laws, the Board desires to call the Election for the
purposes of electing (i) two directors to the Board to each serve a three (3) year term pursuant to
Section 32-1-305.5(3)(b), C.R.S. and (ii) one director to the Board to serve a one year term pursuant
to Section 32-1-905(2)(a), 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 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
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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
(63rd) 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 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(1), 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
TOWER CENTER METROPOLITAN DISTRICT THAT:
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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 two (2) directors to each serve a
three-year term on the Board and electing one (1) director to serve a one-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 Stacie Pacheco
of Icenogle Seaver Pogue, P.C. 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 the District’s General Counsel 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 publication as defined in § 1-13.5-501(2), C.R.S.
4. Pursuant to Section1-13.5-1002(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
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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 S. Monaco St., Suite 360,
Denver, Colorado 80237.
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 (63rd) 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 §§ 1-11-103(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.
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Whereupon, a motion was made and seconded, and upon a majority vote, this Resolution
was approved by the Board.
ADOPTED AND APPROVED THIS 10TH DAY OF NOVEMBER , 2021.
TOWER CENTER METROPOLITAN DISTRICT
By: Kenneth Marchetti
Its: President
