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HomeMy Public PortalAboutTBM 1996-08-28 t&LUn oN 8~I-q~ - TOWN BOARD SPECIAL MEETING AUGUST 28, 1996 6:30 p.m. The Special meeting of the Town Board was called to order at 6:30 p.m. August 28, 1996. Board present were Mayor Protem Havens, Swatzell, McIntyre, Sanders, Wirsing and Klancke. Also present were Reid, Winter and Town Attorney McGowan. The hearing on the proposed Maryvale Residential Metropolitian District and the proposed Maryvale Commercial Metropolitian District was opened. Attorney McGowan read the proposed Resolutions as well as the stipulations that will be signed by the Developers. Board held lenghtly discussion on the matter. Havens asked for audience comment. ýÿ ---- - -- Trustee Swatzell then moved that the Resolution, a copy of which is attached to these minutes as Exhibit "A", providing for conditional approval of the Service Plan for the proposed Maryvale Residential Metropolitan District, be adopted by the Board, on the condition that such Resolution shall not be executed on behalf of the Town, nor shall copies be delivered to the Proponent, unless and until the Town Attorney has approved the form of the Stipulation called for by the Resolution and has verified proper execution of the Resolution and Stipulation by the Proponent and Petitioners of the District; and on the further condition that the Proponent submit proof satisfactory to the Town Attorney that notice of the public hearing was given as recited in the Resolution. Trustee Wirsing seconded such motion, and vote was taken with the following result: Those voting Aye: Trustee Nathaniel Havens Trustee Robin Wirsing Trustee Rebecca Swatzell Trustee Cheri Sanders Trustee Kit Klancke Those voting Nay: Trustee Liz McIntyre Those absent: Mayor Jeff Johnston There being a quorum of the Board of Trustees present, and a majority of those present having voted in favor of said motion, the presiding officer declared said motion carried and the Resolution passed, on the stated conditions. Trustee Swatzell then moved that the Resolution, a copy of which is attached to these minutes as Exhibit "B", providing for conditional approval of the Service Plan for the proposed Maryvale Commercial Metropolitan District, be adopted by the Board, on the condition that the Proponent submit a corrected form of Resolution consistent with the form of Resolution adopted concerning the Maryvale Residential Metropolitan District; on the further condition that such Resolution shall not be executed on behalf of the Town, nor shall copies be delivered to the Proponent, unless and until the Town Attorney has approved the form of the Stipulation called for by the Resolution and has verified proper execution of the Resolution and Stipulation by the Proponent and Petitioners of the District; and on the further condition that the Proponent submit proof satisfactory to the Town Attorney that notice of the public hearing was given as recited in the Resolution. Trustee Wirsing seconded such motion, and vote was taken with the following result: Those voting Aye: Trustee Nathaniel Havens Trustee Robin Wirsing ,":".'lIH,','.jr,. "'t,. -.1, F::" T~':r:.'n:r' -- ------ -- -- - ---- ------ ----- -- -- Trustee Rebecca Swatzell Trustee Cheri Sanders Trustee Kit Klancke Those voting Nay: Trustee Liz McIntyre Those absent: Mayor Jeff Johnston There being a quorum of the Board of Trustees present, and a majority those present having voted in favor of said motion, the presiding officer declared said motion carried and the Resolution passed, on the stated conditions. ýÿ [I ~ ~ ~; to A Rg.s.Q~1!Tl.QN Q .E A.E.ERQYA~ WHEREAS, pursuant to the provisions of Title 32, Article 1, Part 2, C,R.S. as amended, the Board of Trustees of the Town of Fraser, Grand County, Colorado, held a public hearing on the Service Plan of the proposed Maryvale Residential Metropolitan District on the 28th day of August, 1996; and WHEREAS, Notice of the Hearing was duly published in ThE~ Manifest, a newspaper of general circulation within the Town, on August 21, 1996, and notice was forwarded to the Petitioners, the Division of Local Government, the State Auditor, and the governing body of each municipality and special district which has levied an ad valorem tax wi thin the next preceding tax year and which has: boundaries,within a radius of three miles of the proposed District, all as hereby ratified and .approved by the Board of Trustees; and WHEREAS, the Board of Trustees has considered the Service Plan and all other testimony and evidence presented at the Hearing; and WHEREAS, the petitioners and proponent, Maryvale, L.L.C., (Maryvale L.L.C. is also r~ferred to as "Proponentll) did provide satisfactory evidence that all owners within the proposed special district are the Proponent or represented thereby; and WHEREAS, it appears that the Service Plan may be approved with certain conditions, as permitted by Section 32-1-204.5 (1) (c) of the Colorado Revised Statutes; WHEREAS, the Proponent has requested conditional approval of the Service Plans,for both,the Maryvale Residential Metropolitan District and the Maryvale Commercial Metropolitan District; THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO: Section 1. That the Board of Trustees of the Town of Fraser, Colorado, does hereby determine that all of the requirements of Title 32, Article 1, Part 2, C,R.S. , as amended, relating to the filing of a Service Plan for the proposed Maryvale Residential Metropolitan District have been fulfilled and that Notice of the Hearing was given in the time and manner required by the Board of Trustees. Section 2. That the Board of Trustees of the Town of Fraser, Colorado, has jurisdiction over the subject matter of this proposed special district pursuant to Title 32, Article 1, Part 2, C.R.S. , as amended. Section 3. That the Board of Trustees and the Proponent agree that the Town has been afforded insufficient time to thoroughly review the Service Plan. The Proponent, however, has requested the Town to grant conditional approval of the Service Plan to allow the Proponent to hold an election on November 5, 1996 to approve the organization of the District, elect Board members, approve financial ballot issues pursuant to Article X, Section 20 ýÿ of the Colorado Constitution, and related questions. The conditions on the approval are set forth in Section 6 below. Section 4. By its approval and acceptance of this Resolution, the Proponent agrees to indemnify and hold harmless the Town of Fraser, its officers and employees, (collectively "Town"), from and against any and all liability or loss, including reasonable attorney fees and litigation expenses, resulting from any claim or demand made upon the Town arising from or relating to the organizational process employed for the organization of the Maryvale Residential Metropolitan District and the Maryvale Commercial Metropolitan District. It is further understood and agreed that the Town is relying on, and does not waive or intend to waive by any provision of this Resolution, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. 24-10-101, et seq., as from time to time amended, or otherwise available to the Town, its officers, or its employees. Section 5. That, subject to further review of the Service Plan, and subject to the conditions set forth in Section 6 below, the Board of Trustees of the Town of Fraser, Colorado, does hereby find and determine that: ( a) There is sufficient existing and projected need for organized service in the area to be served by the proposed District. (b) The existing service in the area to be served by the proposed District is not adequate for present and projected needs; (c) Adequate service is not, and will not be, available to the area through the Town, the County, or other existing municipal or quasi-municipal corporations, including existing special districts, within a reasonable time or on a comparable basis; (d) The proposed special district is capable of providing economic and sufficient service to the area within its proposed boundaries; (e) The area to be included in the proposed District has, or will have the financial ability to discharge the proposed indebtedness on a reasonable basis; (f) The facility and service standards of the proposed District are compatible with the facility and service standards of the Town; (g) The proposal is in substantial compliance with the applicable master plan; 2 \, , . (h) The proposal is in compliance with any duly adopted water quality management plan for the area; and (i) ,The creation of the proposed District will be in the best interests of the area proposed to be served. Section 6. That the Service plan of the proposed Maryvale Residential Metropolitan District is hereby conditionally approved subject to the following conditions, which conditions are: hereby agreed to by the Board of Trustees of the Proponent: (a) The Town will conduct further review of the Service Plan in conjunction with the Town's review of the Proponent's proposed annexation of additional lands to the Town and its proposed amendment to the Planned Development District plan for the Maryvale .project, which process may include further public hearings concerning the Service Plan and which may not be completed until February, 1997. (b) In connection with such review, the Town may require the Proponent to submit additional information relating to the Service Plan or to modify the terms of the Service Plan. For example, and not by way of limitation, the Town may require the Proponent to modify the Service Plan to limit or restrict the types of services the District may provide in its service area, to require Town approval for certain actions by the District, and to require the District to comply with all provisions of the Planned Development District Plan for the Maryvale proj ect, as the same may be amended from time to tim~. (c) Upon completion of such further review, the Board of Trustees shall take final action on the Service Plan by resolution, either granting final approval of such Plan or disapproving the same. It is agreed that such final action ,taken by the Board shall be in its sole and absolute discretion, and shall be final and conclusive with respect to the proposed organization of the District. The Proponent expressly waives any right to judicial review pursuant to Section 31-1-206, Colorado Revised Statutes, as amended, in the event the Board does not grant final approval of the Service Plan. (d) The Proponent shall not obtain an order of the Grand County District Court providing for the establishment of the proposed District, unless and until the Board of Trustees has adopted a further resolution granting final approval of the Service Plan, as provided in Subsection 6 (c) above, and a certified copy of such resolution is filed with the Court. If no such resolution granting final approval is adopted and filed on or before March 1, 1997, or if the Board of Trustees takes final action disapproving such Service Plan and a certified copy of the resolution of disapproval is filed with 3 ýÿ ------- the Court, then the procee,dings for organization of the proposed District shall be, dismissed. (e) The Board of Trustees and the Proponent shall enter into a stipulation to be filed with the Grand County District Court with the petition for organization of the proposed District, which shall request the Court's approval of thE! procedure and conditions relating to the Board's final action on the Service Plan and entry of the order establishing the District, as provided herein. If, for any reason, the Court. rejects such stipulation or if it is not approved by the Court on or before October 15, 1996, then the Board's conditional approval of the Service Plan shall be deemed withdrawn and the Proponent shall cause the organizational proceedings to bE~ dismissed. Section 7. That a certified copy of this Resolution be filed in the records of Grand County and forthwith be submitted to the Proponent for the purpose of filing in the District Court of Grand County for further proceedings and the proposed call of an. election to be held on November 5, 1996 concerning the organization, election of the first board of directors, submission. of public questions, and funding of the District, The Town hereby approves the call and holding of such election subject to the conditions on the approval stated herein. ADOPTED AND APPROVED this 28th day of August, 1996. TOWN OF FRASER, COLORADO (S E A L) .~- ATTEST: ,~, JrJ; T< Clerk ....... APPROVED AND ACCEPTED BY THE PROPONENT: MARYVALE, L,L.C. fu??rl- ~tj~ ) 1"-(p. Manager Manager 4 ýÿ --- - ,. , f'rJ/f1C VVflU UC r ^- ~ ~ Mf,;j ~ (?,;r - ;Z< ~r R,~ F: NJfdJ:;r ("'l1ttJM:r.Et<.. , " -4 / -- .- . ýÿ '.:;:IV3 7::fZ--~q.O~ """-.OZ' ~ ". -~_._" .-,,-,,'::1 tJOOr"1;:):! H1.J!.:lC:J'~ ~"':l:::) APPROVED BY PETITIONERS: 1- --~ ---.. 2~ ~:- as petilion~~___ 3.~1~__ 4 , ___u_ S. ., "'__..___ I 6 . ..(_<!/.~;-... ______ PetItioner ~-(:', 7. ~k-~ '!:-:_______~_ _ Petitioner ~ \ e. ew------ - :>. - . , er (;U ,. " ., , .. " 9 ..., ,,' ~ . . ~ .an ~ erof MarY~.c. ýÿ ------- Ef ~dJt' 1- B Rg.s.QldJJ:T.lQN QE b~~RQYbld WHEREAS, pursuant to the provisions of Title 32, Article I, Part 2, C.R.S. as amended, the Board of Trustees of the Town of Fraser, Grand County, Colorado, held a public hearing on the Service Plan of the proposed Maryvale Commercial Metropolitan District on the 28th day of August, 1996; and WHEREAS, Notice of the Hearing was duly published in Th~ Manifest, a newspaper of general circulation within the Town, on August 21, 1996, and notice was forwarded to the Petitioners, the Division of Local Government, the State Auditor, and the governing body of each municipality and special district which has levied an ad valorem tax wi thin the next preceding tax year and which has boundaries within a radius of three miles of the proposed District, all as hereby ratified and approved by the Board of Trustees; and WHEREAS, the Board of Trustees has considered the Service Plan and all other testimony and evidence presented at the Hearing; and WHEREAS, the petitioners and proponent, Maryvale, L.L.C., (Maryvale L.L.C. is also referred to as II Proponent II ) did provide satisfactory evidence that all owners within the proposed special district are the Proponent or represented thereby; and WHEREAS, it appears that the Service Plan may be approved with certain conditions, as permitted by Section 32-1-204.5 (1) (c) of the Colorado Revised Statutes; WHEREAS, the Proponent has requested conditional approval of the Service Plans for both the Maryvale Residential Metropolitan District and the Maryvale Commercial Metropolitan District; THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO: Section 1. That the Board of Trustees of the Town of Fraser, Colorado, does hereby determine that all of the requirements of Title 32, Article I, Part 2, C.R.S. , as amended, relating to the filing of a Service Plan for the proposed Maryvale Commercial Metropolitan District have been fulfilled and that Notice of the Hearing was given in the time and manner required by the Board of Trustees. Section 2. That the Board of Trustees of the Town of Fraser, Colorado, has jurisdiction over the subject matter of this proposed special district pursuant to Title 32, Article I, Part 2, C.R. S., as amended. Section 3. That the Board of Trustees and the Proponent agree that the Town has been afforded insufficient time to thoroughly review the Service Plan. The Proponent, however, has requested the Town to grant conditional approval of the Service Plan to allow the Proponent to hold an election on November 5, 1996 to approve the organization of the District, elect Board members, approve financial ballot issues pursuant to Article X, Section 20 of the Colorado Constitution, and related questions. The conditions on the approval are set forth in Section 6 below. Section 4. By its approval and acceptance of this Resolution, the Proponent agrees to indemnify and hold harmless the Town of Fraser, its officers and employees, (collectively "Townll), from and against any and all liability or loss, including reasonable attorney fees and litigation expenses, resulting from any claim or demand made upon the Town arising from or relating to the organizational process employed for the organization of th~ Maryvale Residential Metropolitan District and the Maryvale Commercial Metropolitan District. It is further understood and agreed that the Town is relying on, and does not waive or intend to waive by any provision of this Resolution, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. 24-10-101, et seq" as from time to time amended, or otherwise available to the Town, its officers, or its employees. Section S. That, subj ect to further review of the Service Plan, and subject to the conditions set forth in Section 6 below, the Board of Trustees of the Town of Fraser, Colorado, does hereby find and determine that: (a) There is sufficient existing and projected need for organized service in the area to be served by the proposed District. (b) The existing service in 'the area to be served by the proposed District is not adequate for present and projected needs; (c) Adequate service is not, and will not be, available to the area through the Town, the County, or other existing municipal or quasi-municipal corporations, including existing special districts, within a reasonable time or on a comparable basis; (d) The proposed special district is capable of providing economic and sufficient service to the area within its proposed boundaries; (e) The area to be included in the proposed District has, or will have the financial ability to discharge the proposed indebtedness on a reasonable basis; (f) The facility and service standards of the proposed District are compatible with the facility and service standards of the Town; (g) The proposal is in substantial compliance with the applicable master plan; 2 (h) The proposal is. in compliance with any duly adopted water quality management plan for the area; and (i) The creation of the proposed District will be in the best interests of the area proposed to be served. Section 6. That the Service plan of the proposed Maryvale Commercial Metropolitan District is hereby conditionally approved subject to the following conditions, which conditions are hereby agreed to by the Board of Trustees of the Proponent: (a)' The Town will conduct further review of the Service Plan in conjunction with the Town's review of the Proponent's: proposed annexation of additional lands to the Town and its proposed amendment to the Planned Development District Plan for the Maryvale project, which process may include further public hearings concerning the Service Plan and which may not be completed until February, 1997. (b) In connection with such review, the Town may require the Proponent to submit additional information relating to the Service Plan or to modify the terms of the Service Plan. For example, and not by way of limitation, the Town may require the Proponent to modify the Service Plan to limit or restrict the types of services the District may provide in its service area, to require Town approval for certain actions by the District, and to require the District to comply with all provisions of the Planned Development District Plan for the Maryvale project, as the same may, be amended from time to time. (c) Upon completion of such further review, the Board of Trustees shall take final action on the Service' Plan by resolution, either granting final approval of such Plan or disapproving the same. It is agreed that such final action taken by the Board shall be in its sole and absolute discretion, and shall be final and conclusive with respect to the proposed organization of the District. The Proponent expressly waives any right to' judicial review pursuant to Section 31-1-206, Colorado Revised Statutes, as amended, in the event the Board does not grant final approval of the Service Plan. (d) The Proponent shall not obtain an order of the Grand County District Court providing for the establishment of the proposed District, unless and until the Board of Trustees has adopted a further resolution granting final approval of the Service Plan, as provided in Subsection 6 (c) above, and a certified copy of such resolution is filed with the Court. If no such resolution granting final approval is adopted and filed on or before March 1, 1997, or if the Board of Trustees takes final action disapproving such Service Plan and a . certified copy of the resolution of disapproval is filed with 3 the Court, then the, proce.edings 'for organization of the proposed District shall be dismissed. (e) The Board of Trustees and the Proponent shall enter into a stipulation to be filed with the Grand County District Court with the petition for organization of the proposed District, which shall request the Court's approval of the procedure and conditions relating to the Board's final action on the Service Plan and entry of the order establishing the District, as provided herein. If, for any reason, the Court rejects such stipulation or if it is not approved by the Court on or,before October 15, 1996, then the Board's conditional approval of the Service Plan shall be deemed withdrawn and the Proponent shall cause the organizational proceedings to be dismissed. Section 7. That a certified copy of this Resolution be filed in the records of Grand County and forthwith be submitted to the Proponent for the purpose of filing in the District Court of Grand County for further proceedings and the proposed call of an election to be held on November 5, 1996 concerning the organization, election of the first board of directors, submission of public questions, and funding of the District. The Town hereby approves the call and holding of such election subject to the conditions on the approval stated herein. ADOPTED AND APPROVED this 28th day of August, 1996. TOWN OF (S E A L) N .~ Mayor - rite It:MI'\ AT7:'~ uJJ To~erk ' APPROVED AND ACCEPTED BY THE PROPONENT: ~Q~I Manager ~ Manager 4 ýÿ .-. --- . , ... .. f'1/f/(YVt/U ULI ^-~~~j~ ~(r- M~r R,~ F: NlfQ4- fVllWM:r.Et<... , ~ ./ u....v 10:..._ rt\JU ~...i -~--~.~ 1. 2. 3. 4. --------- 5. 6. --.--.-.-- -'..- ~~~ ~ oJ ''''';''" 7. Petit10ner \ --~....c-:'~ ___..____. ._... ._.'_ _" 0 ___. , S . retTtTOl12---I----- '___0___.._.- 9. E . .dL jCt.~ As Manager of Maryvale, L.L,C. It was then moved by Trustee Becky Swatzell that all rules of this Board which might prevent, unless suspended, the final passage and adoption of this Resolution at this meeting, bE~ and the same are hereby suspended. The question being upon the adoption of said motion and the suspension of the rules, the vote was taken. Five members of the Board of Trustees voted in favor of said motion. The Mayor thereupon declared that a majority of all the Board elected having voted in favor thereof, the motion was carried and the rules suspended. Trustee Robln Wirsina then moved that said Resolution be passed and adopted as read. The question being upon the passage and adoption of said Resolution, the vote was taken. Five members of the Board of Trustees voted in favor of said motion. The Mayor thereupon declared that a majority of all of the Board elected having voted in favor thereof, the motion. was carried and the Resolution duly passed and adopted. TOWN OF FRASER, COLORADO (S E A L) Mayor ATTEST: Town Clerk , 7 ýÿ STATE OF COLORADO, COUNTY OF GRAND, TOWN OF FRASER - I, , Town Clerk of the Town of Fraser, State of Colorado, do hereby certify that the foregoing pages constitute a full and correct copy of the record of proceedings of the Board of Trustees of said Town, taken at a regular meeting held on the 28th day of August, 1996, in the Board of Trustees Chambers, ' Town Hall, Fraser, .Colorado, insofar as ' said minutes relate to Maryvale Residential Metropolitan District, a copy of which is therein set forth;, that the copy of the Resol ution contained in said minutes is a full, true and correct copy of the original of said Resolution as adopted by the Board of Trustees at said meeting; that the original Resolution has been duly signed and approved by the Mayor as presiding officer and myself, as Town Clerk, and sealed with the corporate seal of said Town, and as recorded in the Book of Resolutions of the Town kept for that purpose in my office. I further certify that the Mayor and members of the Board of Trustees were present at said meeting and that members of said Board voted on the passage of said Resolution as set forth in said minutes. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said Town of Fraser, Colorado, this day of August, 1996. (S E A L) , Town Clerk 8 ýÿ 3<iS; SG PROOF OF PUBLICATION V\~n )1te.Y ~ I Manifest -.. PUBLISHER'S AFFIDAVIT ~ERPARK,COLORADO STATE OF COLORADO COUNTY OF GRAND I, Patrick Brower, do solemnly swear that I am the pub- lisher of the Winter Park Manifest, that the same is a weekly newspaper primed in whole or in pan, and pub- ~-,..~- lishcd in the County of Grand, State of Colorado, and has . '=-- , ----- a general circulation therein; that said newspaper has been '. ',' 'ug.I.N,,: 287W . . . '. " published continuously and uninterruptedly in said NOTICE~OF PVBUCtiEARJNG County of Grand for a period of more than fifty-two con- ' . -; ~ .... "::'. . . .'. ~: ..~.- " ' , .. ~YllLlc'NOrl€E IS !:!ERE ... "'(, I , ' " ".' . sccutive weeks next prior to the rust publication of the ~~~~~~~ P.lanan:.t\~r.....thJ:..th~wer. filed wid.IIl.'T-:;,Yn f annexed legal notice or advertisement, that said newspa- '!m!.!!erc'al,MeuOP.!1lilaD El' lj" OCumen,s ~oj;~ ~tF,~,o fi~.~,,'ir;i'o,'-~ ~Cl, ~ti. 5erYiee P'lan anil=leij~~l ' ~}lliI<.~, per has been admitted to the United States mail as second bll$ine.. hci ~ _ are a''B1lililo fo, I!iilil' ....' wne'lls,atc!l;'OlY on , . !I,",":ury'\').i!iH'!!!!i!'~'Hall. UJ,/i Ie IIlSl!!:ClIOD'during"eiiJlai'''" m; class mail maller under the provisions of the act of March .- . ~ ':W!~~e./ira.ser~~""'_. , N.Q'pCE IS'l;URliHER .". l;. "" ~ '^'f.i':.- "",' ;e.:, ~ "" " 3. 1879, or any amendments thereof, and that said news- Colofado!(a'p!!b!'" IiWi .' \9,l'.!E~ 1~1iy erdeiiliftli s"'"' ~ , ' paper is a weekly newspaper duly qualified for publishing trlTotHaJ1~"3'f2i~,~j~lr-~;~'!n~Lt!~9~d. ofT rusl~es;,!fjf....e,; l ""'hi ~ ;i;i ..~~~I ~<:OlcirAdOl!!r~~~~I~~ld1i" the legal notices and advertisements within the meaning of -:".' *,.,. c1i~,~C~I. i~,4 ~ i. ~ ,:w. ,-'e'.!I!:;,on. ;,:" the laws of the State of Colorado. The'iiiifpOs.;Of:~--"~w -. _' .' ,-,I,.. ',...;-. ~" ""'.Mt' :~~~~~iY.v~f:'li~~~~'~;:~1!~'e~!!!\9: oC.!be~rr.;'" PI.... Thai the annexed legal notice of advertisement was p_I!,,,.,,~,~soJu/~apJll'Q"~rUIi___ ..~~>I)~f!1CI'lIIil!lV.,Corfu'':'baS' r.~ published in a regular and entire issue of every munber of Ian . ,""".~ ~ .eo bonallyap ,._~ ~L'" .' '5'0" ." .. "" .' -v.. ft',; ~;OO.. "," b P.I'Ov,..ng,. O~ ili5!iJprcWiriglih Ser " Cf\-D ' l'hep;.-o~,.~t~'~'~"":;'f"'::'/ :-,~"j..~.",~~~.-:;,-,,,,; ':' ~I,~tcs.., 5aid weekly newspaper for the period of il,'~n~liy~~~~~::~~~~~~i~lf.)~Wji~.jo~r~f.i~;~ol;;~do'~~nd' consecutive inSer]; that the first publication of said ' ,)~~~~~~,~.~,:~;",~,,: ,;:,~.. :"f:. :'~'~~:'t,. ., prO~I1y,eommonl)''kno~ ~ll;.!IIiiMIii'To\\'ii"oc'F.t.scr1isrdtS., '-, " :~~bCr~l;i'n;l~e~r~ir-~"iJe; Miieti constilijte. P.liin~M:~~:Wol~'" . newspaper dated llej ~ \ ' A.D. 1991,a, 1)6,.1 '7;'('8; '1"9~~~m:()j.t~~P,P.!O~ill!lInllallII0 0rai!I8nCC NumBt-~~~I5trlct. ,#," ..,. ce .'!,~n i!!(~\%loradO,""'" ....,., .'.,. ~~ ;. '!'~';- and the last publication of said notice was in the issue of . .. ~. ' .. - .) I ,,' ~... ...,......... 48SU~o. ~ - - ", Jdi '. ,',. "id ",w'I""'" d,ted ~ (';) L A.D. 19--9J.o . ~.~ ...... ..,' . f :,.." I,. , PuhhlhCd,i;",Th~r:tL',~" '. 1, J , ',' "'~" i: AUBusI21. 1996 ~J cst.;,. .. ~'J ~\X':: a1~jiUe.r.' .-' ~l:. '.' . ":~ '"-'~''' :" ,':~ ~,,:~~~';;8~0' ~ ::.J ' - ~" h n"lO ",t my hMd thi, . .~ - / /J?-?'~~ \ Pu <.-r Suhscribed and sworn to before me, a not Py"' " - ~\f and for the County of Grand, State ~h~, ~e(~ ... .... ~ Q~, day of . A.~;{19 ,,'\ My commISSion expires . . My Commission Expires: 6C6.~O PROOF OF PUBLICATION I ~ \r~n)1te( Manifest - . PUBLISHER'S AFFIDAVIT ~ERPARK,COLORADO STATE OF COLORADO COUNTY OF GRAND \, Patrick Brower, do solemnly swear that I am the pub- - --- lisher of the Winter Park Manifest, that the same is a weekly newspaper printed in whole or in part, and pub- lished in the County of Grand, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Grand for a period of more than fifty-two con- secutive weeks next prior to the first publication of the annexed legal notice or advertisement, that said newspa- per has been admitted to the United States mail as second class mail matter under the provisions of the act of March 3, 1879, or any amendments thereof, and that said news- paper is a weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado, ThaI the annexed legal notice of advertisement was published in a regular and entire issue of every nwnber of said weekly newspaper for the period of 01\.0 consecutive insertions; that the first publication of said ~w'P'1'C' .>tOO ~ Q \ . A~D~ 19~ ~ and the last publication of s' otice was in the issue of said newspaper dated f:\t ~ ';;:> \ ,A.D. 19 q\.p ....:. a:.' =.. I, .t.w....-. - .' In witness whereof I have hereunto set my hand this - . Publisher. My Commission Expires: