HomeMy WebLinkAbout2022 ACCMD Cancellation of ElectionEagle County Clerk & Recorder
RECEIVED
MAR 2 S 2022
NOTICE OF CANCELLATION OF REGULAR ELECWIOON By
BY THE DESIGNATED ELECTION OFFICIAL FOR THE
AIRPORT COMMERCE CENTER METROPOLITAN DISTRICT
NOTICE IS HEREBY GIVEN by the Airport Commerce Center 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:
Matthew Barry 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
AIRPORT COMMERCE CENTER
METROPOLITAN DISTRICT
By: /s/ 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:
Address of District:
Email of District:
100729014.DOCX }
970-926-6060 extension 111
28 Second St, Ste 213, Edwards CO 81632
bethj@mwcpaa.com
DocuSign Envelope ID: 107A5F84-A6A1-4975-AC43-18F7B1538FF7
AIRPORT COMMERCE CENTER METROPOLITAN DISTRICT
A RESOLUTION CALLING FOR THE 2022 REGULAR
DISTRICT ELECTION AND APPOINTING A
DESIGNATED ELECTION OFFICIAL
WHEREAS, the Airport Commerce Center 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 Matthew Barry, 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 one (1) Director to serve for a term
of one (1) year.
NOW, THEREFORE, be it resolved by the Board of Directors of the Airport
Commerce Center 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 will be
elected to serve a three-year term and one (1) Director to serve a one-year term.
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. Beth Johnston 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 Beth Johnston 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-
{00854047.DOC I }
DocuSign Envelope ID: 107A5F84-A6A1-4975-AC43-18F7B1538FF7
Nomination and Acceptance form with the Designated Election Official no earlier than
January 1, 2022, nor later than the close of business on Friday, 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 March 1, 2022, there are not more candidates than offices
to be filled at the Election, including candidates timely filing affidavits of intent no later
than February 28, 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.
ADOPTED this 20 day of October , 2021.
AIRPORT COMMERCE CENTER
METROPOLITAN DISTRICT
nn ,.DocuSipned by:
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By
Chairman Matthew Barry
ATTEST:
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Secretary Michael Barry
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