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HomeMy WebLinkAbout2023 EMD Election Cancellation Declaration{00917342.DOCX / } CANCELLATION OF ELECTION AND DECLARATION DEEMING CANDIDATES ELECTED FOR EDWARDS METROPOLITAN DISTRICT The Designated Election Official of the Edwards 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: Todd Williams 0432 Moonridge 4 Year Term Edwards CO 81632 Mike Trueblood 679A Edwards Village Blvd 4 Year Term Edwards CO 81632 Kris Miller 106 Cameron Place 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 {00850394.DOCX / } A RESOLUTION CALLING FOR THE 2023 REGULAR DISTRICT ELECTION AND APPOINTING A DESIGNATED ELECTION OFFICIAL WHEREAS, the Edwards Metropolitan District (the “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, Article 1, C.R.S.; and WHEREAS, the terms of office of Directors Williams, Trueblood and Heide 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 three (3) Directors to serve for a term of four (4) years pursuant to Section 1-13.5-111, C.R.S. NOW, THEREFORE, be it resolved by the Board of Directors of the Edwards 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, three (3) Directors will be elected to serve a four- year term. 2. There shall be one election precinct for the convenience of the eligible electors of the District, the boundaries of which shall be identical to the boundaries of the District, and there shall be one (1) polling place at the following location: Edwards Field House 450 Miller Ranch Road Edwards, CO 81632 situate in the County of Eagle, State of Colorado, and which shall also be the polling place for disabled electors and for eligible electors not residing within the District. If the Designated Election Official deems it to be more expedient for the convenience of the eligible electors of the District (who are also eligible electors in other special districts with overlapping boundaries which are conducting elections on the Election day), the Election may be held jointly with such special districts in accordance with coordinated election procedures as set forth in an agreement between all participating special districts. In such event, the election precincts and polling places shall be as set forth in such agreement. The Designated Election Official is authorized to execute such agreement on behalf of the District, which agreement shall include provisions for the allocation of responsibilities for the conduct and reasonable sharing of costs of the coordinated Election. 3. The Board of Directors hereby designates Kendra Nicholson of Marchetti & Weaver, LLC (“M&W”) as the Designated Election Official, 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, for the conduct of the Election on behalf DocuSign Envelope ID: 7D102513-F067-42E0-ABEA-560B9542E516 {00850394.DOCX / } 2 of the District and she is hereby authorized and directed to proceed with any action necessary or appropriate to effectuate the provisions of this Resolution and of the Election Laws or other applicable laws. 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 at 28 Second Street, Suite 213, Edwards, Colorado 81632. All candidates must file a Self- 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 March 1, 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 19 day of January, 2023. EDWARDS METROPOLITAN DISTRICT By _______________________________________ Chairman ATTEST: By _________________________________ Secretary DocuSign Envelope ID: 7D102513-F067-42E0-ABEA-560B9542E516