A Resolution Calling for the 2023 Regular District Election and Appointing a Designated Election Official
Whereas, the Upper Thompson Sanitation District (the "District") is a quasimunicipal 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 Susan Doylen, Ronald Duell and Christopher Eshelman shall expire after their successors are elected at the regular special district election to be held on May 2, 2023 (the "Election") and have taken office; and
Whereas, in accordance with the provisions of the Special District Act (the "Act") and the Colorado Local Government Election Code (the "Code"), the Election must be conducted to elect three (3) Directors to serve for a term of four (4) years; and
Whereas, the Board of Directors of the District has determined and hereby determines and declares that the public interest and necessity require that the District collect, retain and spend all revenues generated from any source, with regard to the provisions and restrictions set forth in Article X, Section 20 of the Colorado Constitution ("TABOR") to carry out the objects and purposes of District; and
Whereas, it is necessary to submit to the eligible electors of the District the question of receiving and spending all revenues received by the District from any source, including state and local grants for capital and other district purposes, at the Election, in accordance with the provisions of the Act, Code and TABOR (the Act, Code and TABOR being referred to jointly as the "Election Laws").
Now, therefore, be it resolved by the Board of Directors of the Upper Thompson Sanitation District in the County of Larimer, State of Colorado that:
- 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 may be elected to serve a four-year term. There shall also be submitted to the eligible electors of the District the question as stated in the form of ballot title to be approved by separate Resolution.
- 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 at the location designated in the Mail Ballot Plan.
- The Board of Directors (the "Board") hereby designates Suzanne Jurgens as the Designated Election Official for the conduct of the Election on behalf 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.
- Self-Nomination and Acceptance forms are available at the Designated Election Official's office located at 2196 Mall Road, Estes Park, Colorado or via email suzanne@utsd.org. 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.
- If any pait 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.
- Any and all actions previously taken by the Designated Election Official, the Secretary of the Board, or any other persons acting on their behalf pursuant to the Election Laws or other applicable laws, are hereby ratified and confirmed.
- 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.
- The provisions of this Resolution shall take effect immediately.
Adopted this 20th day of December, 2022.
Upper Thompson Sanitation District
By Jack E. Reed, Chairman
Attest
Susan L. Doylen, Vice-Chairman/Secretary