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Home My WebLink About2020 Notice of Cancellation of Election DECLARATION BY DESIGNATED ELECTION OFFICIAL CANCELLATION OF MAY 5, 2020 REGULAR ELECTION DEEMING CANDIDATES ELECTED THE VILLAGE METROPOLITAN DISTRICT EAGLE COUNTY, COLORADO WHEREAS, the Designated Election Official of The Village Metropolitan District , Eagle County, Colorado, has been duly authorized by the Board of Directors to cancel the election and declare candidates elected at the close of business on the sixty-third day before the election or at any time thereafter, pursuant to that certain Resolution of the Board of Directors Concerning Regular Election to be Held May 5, 2020; and WHEREAS, there were not more candidates for director than offices to be filled, including candidates filing affidavits of intent to be write-in candidates. NOW THEREFORE, pursuant to Sections 1-13.5-513(1), and 1-11-103(3) C.R.S. the Designated Election Official hereby cancels the regular election to be conducted on the 5th day of May, 2020, and The Designated Election Official declares the following candidates elected for the following terms of office: Name Address Term Daniel J. Leary Eric E. Applegate Vacancy Vacancy 204 W. 3rd Street Eagle, CO 81631 880 Homestead Drive #25G Edwards, CO 81632 Elected to a 3-year term (2020-2023) Election to a 3-year term (2020-2023) Election to a 3-year term (2020-2023) Election to a 2-year term (2020-2022) THE VILLAGE METROPOLITAN DISTRICT By: Becky Johnson___ Designated Election Official Contact Person for the District: Denise Denslow, District Manager District Address: 8390 E. Crescent Pkwy.. Ste. 300, Greenwood Village, CO 80111 District Telephone Number: 303-779-5710 District Telefax Number: 303-779-3840 NOTICE OF CANCELLATION OF REGULAR ELECTION BY THE DESIGNATED ELECTION OFFICIAL THE VILLAGE METROPOLITAN DISTRICT NOTICE IS HEREBY GIVEN by The Village Metropolitan District of Eagle County, Colorado, that at the close of business on the sixty-third 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 regular election to be held on May 5, 2020, is hereby canceled pursuant to Section 1-13.5-513(6), C.R.S. The following candidates are hereby declared elected: Daniel Leary to a 3-year term until May 2023 Eric Applegate to a 3-year term until May 2023 One (1) Vacancy (2020-2023) One (1) Vacancy (2020-2022) Dated this 30th day of March 2020. THE VILLAGE METROPOLITAN DISTRICT By: /s/ Becky Johnson Designated Election Official Published On: April 9, 2020 Published In: Eagle Valley Enterprise RESOLUTION OF THE BOARD OF DIRECTORS OF THE THE VILLAGE METROPOLITAN DISTRICT CONCERNING REGULAR ELECTION TO BE HELD MAY 5, 2020 WHEREAS, The Village Metropolitan District of the Town of Avon, Eagle County, State of Colorado (the “District”), is a duly organized and existing quasi-municipal corporation and political subdivision of the State of Colorado, existing and operating under and by virtue of the Constitution and laws of the State of Colorado, including but not limited to Parts 1 through 16 of Artic le 1 of Title 32, C.R.S., as amended (the "Special District Act"); and WHEREAS, a regular election is to be held on the Tuesday succeeding the first Monday of May in every even-numbered year, for the purpose of electing members to the Board of Directors of The Village Metropolitan District (the “Board”); and WHEREAS, three (3) three-year terms and one (1) two-year term shall be open at the regular election to be held on May 5, 2020, by the District; and WHEREAS, accordingly, the Board of Directors of the District has determined to submit to the electors of the District, at the regular biennial local district election to be held on May 5, 2020, the election of directors; and WHEREAS, a designated election official shall be appointed by the Board of Directors to be responsible for conducting the election. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of The Village Metropolitan District of the Town of Avon, Eagle County, State of Colorado: 1. That a regular election to be conducted by mail ballot be called and held within the District on Tuesday, the 5th day of May, 2020, at which election the electors shall vote for up to four (4) Directors; 2. That the terms of office for Daniel J. Leary and Eric E. Applegate shall expire following the regula r election to be held on the 5th day of May, 2020, and there are two (2) vacancies on the Board; 3. That Becky Johnson of Spencer Fane LLP is hereby appointed to serve as the Designated Election Official for the conduct of the election. The Designated Election Official is hereby granted the authority to undertake all reasonable actions that are necessary or convenient for the conduct of the election; 4. That the election shall be held and conducted in accordance with the Colorado Local Government Election Code , Article 13.5 of Title 1, C.R.S., as supplemented by Const. Colo. Art. X, Sec. 20, the Uniform Election Code of 1992 as amended, the applicable Current Rules and Regulations Governing Election Procedures of the Secretary of Stat e of the state of Colorado, and Title 32, Article 1, Part 8, Colorado Revised Statutes, C.R.S. 32-1-305.5, and other relevant Colorado and federal law (collectively, hereafter all such law and rules shall be DN 3788366.1 referred to as the "Relevant Law"); 5. That a nomination for Director to serve for any designated vacancy shall be made by written self-nomination and acceptance form or letter and filed with the Designated Election Official not less than sixty-seven (67) days prior to the date of said election and that an affidavit of intent to be a write-in candidate for Director to serve for any designated vacancy shall be filed with the Designated Election Official not less than sixty-four (64) days prior to the date of said election; 6. That pursuant to the provisions of Section 1-13.5-513, C.R.S., as amended, if the only matter before the eligible electors is the election of persons to office and if, at the close of business on the sixty-third day before the election or any time thereafter, there are not more candidates than offices to be filled at the election, including candidates filing affidavits of intent, the Designated Election Official is authorized and instructed to cancel the election and declare the candidates elected. If the election is canceled, the Board of Directors by delegation to the Designated Election Official herein shall: (a) provide notice by publication of the cancellation of the election; (b) post a copy of the published notice at each polling location within the District , at the office of the Designated Election Official, and at the office of the clerk and recorder for each county in which the District is located; and (c) file a copy of the published notice with the Division of Local Government. The Board of Directors shall notify the candidates that the election was canceled and that they were elected by acclamation. If the election is canceled, the canvass board will not meet, and the Designated Election Official shall note the cancellation on the Certificate of Election and shall indicate which candidates were elected by acclamation; 7. That no person will receive a ballot in this electio n unless the person is an eligible elector of the District , as defined in Section 32-1-103(5), Colorado Revised Statutes; 8. That the Designated Election Official shall file within 30 days after the election, the results of election, including the business address, the telephone number, and the name of the contact person of the District with the Division of Local Government. (C.R.S. 1-11-103(3), 32- 1-104(1)) 9. That should any part or provision of this Resolution be adjudged unenforceable or invalid, such judgment shall not affect, impair, or invalidate the remaining provisions of this Resolution, it being the intention that the various provisions hereof are severable; 10. That all acts, orders, resolutions, or parts thereof, of the District that are inconsistent or in conflict with this Resolution are hereby repealed to the extent only of such inconsistency or conflict; 11. That the provisions of this Resolution shall take effect immediately; 12. That all past actions taken by the District, its Board members individually and collectively, officers, agents, attorneys, and consultants directed toward the lawful conduct of the election were done in the best interests of the District and said actions are hereby ratified and confirmed as if originally taken with full authority. 7313. That in the event of a conflict between this Resolution and Relevant Law, theRelevant Law shall control.ADOPTED AND APPROVED this 16th day of October, 2019.THE VILLAGE METROPOLITAN DISTRICTPresideBy:3DN 3788366.1