A resolution authorizing the Town Clerk to cancel the regular municipal election scheduled in April 2016 and declare the candidates elected under certain criteria defined in ordinance No. 230.
Whereas, pursuant to C.R.S. 31-10-507, as amended, states: In any ordinance adopted by the governing body of the municipality requiring an affidavit of intent for write-in candidates as provided in section 31-10-306, the governing body may also provide that, if the only matter before the voters is the election of persons to office and if, at the close of business on the nineteenth day before the election, there are not more candidates than offices to be filled at such election, including candidates filing affidavits of intent, the clerk, if instructed by resolution of the governing body either before or after such date, shall cancel the election and by resolution declare the candidates elected. If so provided by ordinance, upon such declaration the candidates shall be deemed elected; and
Whereas, on December 6, 2005, the Town of Deer Trail adopted Ordinance No. 230, as provided in C.R.S. 31-10-306 and 31-10-507. Ordinance No. 230 states in Section 2 that "if the only matter before the voters at a municipal election is the election of persons to office and if, at the close of business on the nineteenth day before the election, there are not more candidates than offices to be filled at such election, including candidates filing affidavits of intent provided in Section I of this ordinance, the Town Clerk, if instructed by resolution of the governing body either before or after such date, shall cancel the election and by resolution declare the candidates elected. Upon such declaration, the candidates shall be deemed elected; and
Whereas, the regular municipal election for the Town of Deer Trail is scheduled for April 5, 2016; and
Now, therefore, be it resolved by the Town Board of the Town of Deer Trail Colorado that.:
Section 1
The Board of Trustees hereby authorizes and directs the Town Clerk to cancel the regular municipal election scheduled for April 5, 2016, and declare the candidates elected pursuant to Ordinance No. 230 if at the close of business on the nineteenth day before the election, there was not more candidates than offices to be filled at such election, including candidates filing affidavits of intent.
Section 2
The Town Clerk shall declare the candidates elected pursuant to Section 2 of Ordinance 230.
Section 3
If the Town Clerk cancels the election and declares the candidates elected pursuant to Section 2 of Ordinance 230, a notice of such cancellation shall be published in order to inform the electors of the Town of Deer Trail and that such notice of cancellation shall be posted in each polling place of the Town and in not less than one other public place in the Town.
Section 4
This resolution shall be in full force and effect from and after its passage and approval.
Section 5
If any portion or provision of this resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such portion or provision shall not affect any of the remaining provisions of this resolution, the intention being that the same are severable.
Adopted and approved this 2nd day of February 2016.
Kent Vashus, Mayor
Attest: Wendy Heywood, Town Clerk