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Home My WebLink About620130.tiffSTATE OF COLORADO ) SS. COUNTY OF WELD ) The Board of County Commissioners of Weld County, State of Colorado, met at the County Court House at Greeley, Colorado, the present meeting place of said Board in regular session, in Weld County, Colorado, at the hour of 10:00 o'clock a.m. on Friday 1962. , the out. day of April The meeting was called to order by the Chairman, and upon roll call the following were found to be present, constituting a quorum: Present: Chairman: Tic- , i„,-/(1—e Commissioners: MILLARD H. EWING ELMER L. SHULTZ Absent: None There were also present: County Clerk: ANN SPOMER SAMUEL S. TELEP Thereupon, the following proceedings, among others, were had and taken. Commissioner SHULTZ introduced the following resolution, which was thereupon read in full and is as follows: 1 FL G.2o 3© RESOLUTION A RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE BY WELD COUNTY OF ITS NEGOTIABLE, COUPON, GENERAL OBLIGATION VOTING MACHINE BONDS, SERIES JUNE 1, 1962, IN THE PRIN- CIPAL AMOUNT OF $221,130.00, FOR THE PUR- POSE OF PURCHASING VOTING MACHINES; PRE- SCRIBING THE FORM OF SAID BONDS; PROVID- ING FOR THE LEVY AND COLLECTION OF AN ANNUAL AD VALOREM TAX FOR THE PAYMENT THEREOF; PRESCRIBING OTHER DETAILS CON- CERNING SAID BONDS; RATIFYING ALL ACTION PREVIOUSLY TAKEN BY SAID COUNTY AND THE OFFICERS THEREOF DIRECTED TOWARD THE IS- SUANCE OF SAID BONDS AND EFFECTING THE PURPOSE OF THEIR ISSUANCE; AND DECLARING AN EMERGENCY. WHEREAS, the County of Weld (herein sometimes designated as the "County"), in the State of Colorado (herein sometimes designated as the "State"), is a county incorporated and operating under the laws of the State; and WHEREAS, the Board of County Commissioners of the County (herein sometimes designated as the "Board") has determined and does hereby declare that the interest of the County and the public interest, necessity and de- sirability demand the immediate purchase of voting machines and the payment of the purchase price thereof by the issu- ance and sale at not less than par of the County's interest bearing bonds in the principal amount of $221,130.00, which bonds shall be a charge upon the County, pursuant to section 8, article VII, Constitution of the State of Colo- rado (herein sometimes designated as the "State Constitu- tion"), and to section 49-12-3, Colorado Revised Statutes 1953, (herein sometimes designated as the "Act"), and all laws thereunto enabling; and WHEREAS, after competitive negotiation for the bonds, the Board has entered into a contract with Bosworth, Sullivan & Company, Inc., Denver, Colorado (herein sometimes designated as the "Purchaser"), by which contract it is 2 agreed that the County shall contract an indebtedness in the aggregate principal amount of $221,130.00, for the pur- pose of defraying the cost of purchasing voting machines for the County by issuing and selling to the Purchaser the interest bearing bonds of the County, as hereinafter pro- vided, for a purchase price consisting of the principal amount thereof and accrued interest from their date to the date of their delivery. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO: Section 1. That all action heretofore taken (not inconsistent with the provisions of this resolution) by the Board and the officers (elected and appointed) of the County directed: (a) Toward purchasing voting machines for the County, (b) Toward providing for the payment of the pur- chase price therefor by the issuance of the County's interest bearing bonds, and (c) Toward the issuance for that purpose of the County's General Obligation Voting Machine Bonds, Series June 1, 1962, in the principal amount of $221,130.00 (herein sometimes designated as the "bonds"), including, without limiting the generality of the foregoing, their sale and issuance to the Purchaser, as herein provided, be, and the same hereby is, ratified, approved and confirmed. Section 2. That by virtue and in pursuance of the State Constitution and the Act, and all laws amendatory thereof or supplemental thereto, there is hereby ordered to be issued bonds of the County, to be denominated as its "General Obligation Voting Machine Bonds, Series June 1, 1962," in the amount of $221,130.00, for the purpose of purchasing voting machines for the County. 3 Section 3. That it is necessary and for the best interests of the County and the inhabitants thereof, that the County immediately issue its negotiable, coupon, general obligation bonds in the aggregate principal amount of $221,130.00, for the purpose of providing for the payment of the purchase price of voting machines for the County. Section 4. That for the aforesaid purpose, on behalf of the County and upon the credit thereof, pursuant to the powers vested in the County, the Board, in accord- ance with the State Constitution and the Act hereinabove designated, and the general laws of the State of Colorado, shall issue the negotiable, coupon, general obligation bonds of the County, designated as its "General Obligation Voting Machine Bonds, Series June 1, 1962," in the princi- pal amount of $221,130.00, consisting of 222 bonds, num- bered consecutively in regular numerical order from 1 to 222, both inclusive, in the denomination of $1,000.00 each, except for bond numbered one in the denomination of $130.00, dated as of the first day of June, 1962, payable to bearer, bearing interest until their respective maturities at the rates hereinafter designated, evidenced until maturity by one set of coupons, payable semiannually on the first days of June and December in each year, commencing on the first day of December, 1962, and being numbered, bearing interest, and maturing serially in regular numerical order on the first day of June in each of the designated amounts and years, as follows Bond Numbers Interest Rates Amounts Years (All Inclusive) (Per Annum) Maturing Maturing 1 - 24 2.757. $23,130.00 1963 25 - 46 2.75% 22,000.00 1964 47 - 68 2.75% 22,000.00 1965 69 - 90 2.757. 22,000.00 1966 91 - 112 2.75% 22,000.00 1967 113 - 134 2.7070 22,000.00 1968 135 - 156 2.70% 22,000.00 1969 157 - 178 2.707. 22,000.00 1970 179 - 200 2.707. 22,000.00 1971 201 - 222 2.70% 22,000.00 1972 4 both the principal of and the interest on the bonds being payable in lawful money of the United States of America, upon presentation and surrender of the annexed interest coupons and said bonds as they severally become due, with- out deduction for exchange or collection charges, at the office of the County Treasurer of Weld County, in the City of Greeley, Colorado. If any of said bonds is not paid upon presentation at its maturity, interest thereon shall continue at the rate of five per centum (5%) per annum un- til the principal thereof is paid in full. Section 5. That bonds numbered 113 to 222, both inclusive, maturing on and after the first day of June, 1968, shall be subject to redemption prior to maturity at the option of the County in inverse numerical order on the first day of June, 1967, and on any interest payment date thereafter, for the principal amount of the bonds so re- deemed, accrued interest thereon to the redemption date, and a premium consisting of one and fifty one -hundredths per centum (1.50%) of the principal amount of each bond so redeemed. Notice of redemption shall be given by the Treasurer of the County, in its name, upon being authorized and directed so to proceed by resolution duly adopted by the Board: (a) By publication of such notice at least once, not less than thirty days prior to the redemption date, in a newspaper of general circulation in the County, and (b) By causing a copy of such notice to be sent by first-class, registered mail, postage prepaid, at least thirty days prior to the redemption date, to the following: Bosworth, Sullivan & Company, Inc. Denver, Colorado. Such notice shall specify the number or numbers of the bonds to be so redeemed (if less than all are to be redeemed) and the date fixed for redemption, and shall further state that on such redemption date there will become and be due and 5 payable upon each bond so to be redeemed at the office of the County Treasurer of the County, at Greeley, Colorado, the principal amount thereof, accrued interest to the re- demption date, and the stipulated premium, and that from and after such date interest will cease to accrue. Notice having been given in the manner hereinbefore provided, the bond or bonds so called for redemption shall become due and payable on the redemption date so designated; and upon presentation thereof at the office of said County Treasurer, together with all appurtenant coupons maturing subsequent to the redemption date, the County will pay the bond or bonds so called for redemption. Section 6. That the bonds shall be signed by the Chairman of said Board of County Commissioners, counter- signed by the County Treasurer, and attested and signed by the County Clerk, with the seal of the County affixed thereto. The interest accruing on the bonds will be eviden- ced by a proper number of semiannual interest coupons there- to attached, and they shall bear the engraved facsimile signature of said Chairman, County Clerk and County Treas- urer, each of whom, by the execution of the bonds, shall adopt as and for his signature the facsimile thereof appear- ing on said coupons. When so executed, such coupons shall be the binding obligations of the County, according to their import. The bonds and coupons bearing the signatures of the officers in office at the time of the signing there- of shall be the valid and binding obligations of the County, notwithstanding that before the delivery thereof and payment therefor any or all of the persons whose signatures appear thereon shall have ceased to fill their respective offices. Any of the said Chairman, County Clerk and County Treasurer, at the time of the execution of the bonds and of a signature certificate, may adopt as and for his own facsimile signature the facsimile signature of his predecessor in office in the event that such facsimile signature appears upon any of the coupons appertaining to the bonds. Section 7. That the bonds and the coupons there- to attached shall be in substantially the following form: 6 (Form of Bond) UNITED STATES OF AMERICA STATE OF COLORADO COUNTY OF WELD GENERAL OBLIGATION VOTING MACHINE BOND SERIES JUNE 1, 1962 NO. $1,000.00 The County of Weld (herein sometimes designated as the "County"), in the State of Colorado, for value re- ceived, hereby acknowledges itself to be indebted and pro- mises to pay to the bearer hereof, the principal sum of ONE HUNDRED THIRTY DOLLARS ONE THOUSAND DOLLARS on the first day of June, 19_,, with interest hereon until maturity at the rate of Two and seventy-five one -hundredths per centum (2.75%) Two and seventy one -hundredths per centum (2.70%) per annum, payable semiannually on the first days of June and December in each year, upon presentation and surrender of this bond and the attached coupons, both principal and interest being payable in lawful money of the United States of America, without deduction for exchange or collection charges, at the office of the County Treasurer of Weld County, in Greeley, Colorado. If, upon presentation, pay- ment of this bond is not made as herein provided, interest shall continue at the rate of five per centum (5%) per annum until the principal hereof is paid in full. *(This bond is one of a series subject to prior redemption in inverse numerical order at the option of the County on June 1, 1967, or on any interest payment date thereafter, for the principal amount hereof, accrued inter- est thereon to the redemption date, and a premium consisting 7 of one and fifty one -hundredths per centum (1.50%) hereof. Redemption shall be made upon not less than thirty days' prior notice by publication and mailing in the manner and upon the conditions provided in the resolution authorizing the issuance of this bond.) This bond is issued by the County for the purpose of providing for the payment of the purchase price of voting machines for the County, under, by virtue of, and in full conformity with the provisions of section 8, article VII, Constitution of the State of Colorado, and of an act of the General Assembly of the State of Colorado entitled "An Act relating to the use of voting machines at elections," ap- proved April 23, 1947, and re-enacted and now cited in relevant part as section 49-12-3, Colorado Revised Stat- utes 1953, and pursuant to a resolution duly adopted by the Board of County Commissioners of the County at a lawful meeting thereof, held prior to the issuance of this bond. It is hereby certified, recited and warranted that all the requirements of law have been fully complied with by the proper officers of the County in the issuance of this bond; that the total indebtedness of the County, including that of this bond, does not exceed any limit of indebtedness prescribed by the Constitution or laws of the State of Colorado; and that provision has been made for the levy and collection of annual taxes sufficient to pay the interest on and the principal of this bond when the same become due, without limitation as to rate or amount. The full faith and credit of the County are hereby irrevocably pledged to the punctual payment of the principal of and the interest on this bond according to its terms. IN WITNESS WHEREOF, the Board of County Commis- sioners of Weld County, State of Colorado, has caused this bond to be signed by its Chairman, attested and signed by the County Clerk, with the seal of the County hereto affixed, and countersigned by the County Treasurer, and the annexed coupons to be signed with the engraved facsimile signature 8 of said Chairman, County Clerk and County Treasurer, each of whom, by the execution hereof, does adopt as and for his own proper signature his facsimile signature appearing on each of said coupons, all as of the first day of June, 1962. (SEAL) Attest: (For Manual Signature) County Clerk Weld County, Colorado CWNTY OF WELD,;CO By (For Manual Signature) Chairman Board of County Commissioners Weld County, Colorado Countersigned: (For Manual Signature) County Treasurer Weld County, Colorado *(Insert the designated "prior redemption" paragraph in bonds numbered 113 to 222, both inclusive, maturing on and after June 1, 1968.) (End of Form of Bond) 9 (Form of Coupon) Coupon No. $ 1.79 13.75 13.50 June, On the first day of December, 19_, *(unless the bond to which this coupon is attached has been called for prior redemption,) the County of Weld, State of Colo- rado, will pay the bearer hereof the amount herein stated at the office of the County Treasurer of Weld County, Greeley, Colorado, in lawful money of the United States of America, being six months' interest on its General Obliga- tion Voting Machine Bond, Series June 1, 1962, and bearing Bond No. (Facsimile Signature) Clerk Weld County, Colorado (Facsimile Signature) Chairman Board of County Commissioners (Facsimile Signature) Treasurer Weld County, Colorado *(Insert the designated "prior redemption" clause in coupons maturing on and after December 1, 1967, attached to bonds numbered 113 to 222, both inclusive, maturing on and after June 1, 1968.) (End of Form of Coupon) - 10 - (Form of Registration Certificate) STATE OF COLORADO ) ) SS. COUNTY OF WELD ) The undersigned County Clerk of the County of Weld, State of Colorado, hereby certifies that the within numbered bond has been registered in the order in which issued in a book kept for that purpose in the office of the County Clerk and Recorder of Weld County, Colorado. WITNESS my hand and the seal of Weld County this day of , 1962. (For Manual Signature) County Clerk Weld County, Colorado (SEAL) (End of Form of Registration Certificate) Section 8. That it is hereby determined and re- cited that the period of usefulness of the facilities to be acquired with the proceeds of the bonds is not less than ten years from the date of said bonds, i.e. from the first day of June, 1962. Section 9. That the Chairman of the Board, the County Clerk and the County Treasurer are hereby author- ized and directed to prepare and execute said bonds as herein provided. When said bonds have been duly executed and sold, the County Treasurer shall deliver them to the lawful purchaser thereof on receipt of the agreed purchase price. Section 10. That the proceeds derived from the sale of the bonds shall be of voting machines for the after they are acquired as if any, remaining from the be used for the redemption of interest thereon at the used solely for the purchase use of the County, except that herein provided, all money, issuance of the bonds shall of the bonds and the payment times and in the manner herein provided therefor. The purchasers of the bonds, however, shall in no manner be responsible for the application or disposition by the County or by its officers of the funds derived from the sale thereof. Section 11. That the interest accruing on said bonds on the first day of December, 1962, shall be paid out of the general revenues of the County, i.e. out of the gen- eral fund of the County or any other funds that may be available for such purpose; and for the purpose of reim- bursing such general revenues and of creating a special fund for the payment of the bonds and the interest thereon, designated as the "Weld County, Colorado, General Obligation Voting Machine Bonds, Series June 1, 1962, Interest and Bond Redemption Fund," herein sometimes designated as the Re- demption Fund, there shall be levied in the year 1962, and annually thereafter to and including the year 1971, a tax on all property, both real and personal, subject to taxation - 12 - within the boundaries of the County, sufficient to re- imburse said fund or funds for said installment of inter- est and to pay the interest on the bonds and to pay and retire the same as hereinabove provided, without regard to any statutory tax limitations now or hereafter existing, and after there is made due allowance for probable delin- quencies; and provided, further, that in the preparation of the annual budget for the County, the Board shall first make proper provisions through the levy of sufficient taxes for the payment of the interest on and the retirement of the principal of the bonded indebtedness of the County, including but not limited to the bonds of the series hereby authorized to be issued. Nothing herein contained shall be so construed as to prevent the County from applying any other funds that may be in the treasury of the County and available for that purpose, including, without limiting the generality of the foregoing, any bond proceeds remaining after the purpose for which they are issued has been ef- fected, to the payment of the interest on or principal of the bonds hereby authorized as the same, respectively, ma- ture, and the levy or levies provided for may thereupon to that extent be diminished. Such tax shall be levied and collected in the same manner and at the same time as other taxes are levied and collected, and the proceeds thereof for the bonds herein authorized shall be kept by the County Treasurer in the Redemption Fund, which shall be used for no other purpose than the reimbursement of such general revenues and the payment of principal and interest as the same falls due. Such taxes shall be levied in the year 1962 and annually thereafter until all of the bonds and the interest thereon shall have been fully paid, satis- fied and discharged. Any sums coming due on the bonds at any time when there are on hand from such tax levy or levies insufficient funds to pay the same, shall be promptly paid when due from general revenues on hand belonging to the County, reimbursement to be made for such general revenues in the amounts so advanced when the taxes herein provided for have been collected. - 13 - Section 12. That it shall be the duty of the Board, and of such other body, if any, as may be charged with the duty of levying taxes in the County, annually, at the time and in the manner provided by law for levying other county taxes, if such action shall be necessary to effectu- ate the provisions of this resolution, to ratify and carry out the provisions hereof with reference to the levy and collection of taxes, and the Board or other such body shall require the officers of the County to levy, extend and collect such taxes in the manner provided by law for the purpose of creating a fund for the payment of the principal of the bonds and the interest accruing thereon. Such taxes, when collected, shall be kept for and applied only to the reimbursement of such general revenues and the payment of the principal of and the interest on the bonds as herein - before specified. Section 13. That the provisions of the Act and of this resolution shall be a part of the irrevocable con- tract between the County and the holder or holders from time to time of the bonds issued hereunder; and after the issuance of any of the bonds hereby authorized, no change, variation or alteration of any kind in the provisions of said Act or this resolution shall be made in any manner, without the consent of all the holders of bonds then out- standing, until such time as all the bonds issued hereunder and the interest accruing thereon shall have been paid in full. Section 14. That the officers of the County be, and they hereby are, authorized and directed to take all action necessary or appropriate to effectuate the provi- sions of this resolution, including, without limiting the generality of the foregoing: (a) The printing of the bonds, including thereon a certified true copy of bond counsel's approving opinion; and (b) The execution of such certificates as may be required by the Purchaser relating to the signing - 14 - of the bonds, the tenure and identity of the County officials, the amount of outstanding indebtedness of the County, the delivery of the bonds, the receipt of the bond purchase price, and the absence of liti- gation, pending or threatened, affecting the validity thereof. Section 15. That all by-laws, orders and reso- lutions, or parts of by-laws, orders and resolutions, in conflict with this resolution, are hereby repealed. This repealer shall not be construed to revive any by-law, or- der or resolution, or part thereof, heretofore repealed. Section 16. That if any section, paragraph, clause or provision of this resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this resolution. Section 17. That this resolution and order, upon its adoption, shall be made a part of the permanent records of the Board of County Commissioners of Weld County, Colo- rado. Section 18. That this resolution will promote the health, safety, prosperity, security, and general wel- fare of the inhabitants of the County, that an emergency is hereby declared to exist, and that this resolution shall become effective and be in force immediately upon its adop- tion. ADOPTED this 6th day of April, 1962. Chairman Board of County Commissioners (SEAL) Attest: County Clerk - 15 - It was then moved by Commissioner Shultz and seconded by Commissioner Ewing that all rules of this Board which might prevent, unless suspended, the final passage and adoption of this resolution at this meet- ing, be, and the same hereby are, suspended for the purpose of permitting the final passing and adopting of said reso- lution at this meeting. The question being upon the adop- tion of said motion and the suspension of the rules, the roll was called with the following result: Those Voting Aye: TOM V. REED MILLARD H. EWING ELMER L. SHULTZ Those Voting Nay: None Those Absent: None All members of the Board of County Commissioners having voted in favor of said motion, the presiding officer declared said motion carried and the rules suspended. Commissioner Shultz then moved that said resolution heretofore introduced and read in full at this meeting be now placed upon its passage. Commissioner Ewing seconded the motion. The question being upon the placing of said resolution upon its passage, the roll was called with the following result: Those Voting Aye: TOM V. REED MILLARD H. EWING ELMER L. SHULTZ Those Voting Nay: None Those Absent: None The presiding officer declared the motion carried and the resolution placed upon its passage. Commissioner Shultz then moved that said resolution be passed and adopted as read. Commissioner Ewing seconded the motion. The question being - 16 - upon the passage and adoption of said resolution, the roll was called with the following result: Those Voting Aye: TOM V. REED MILLARD H. EWING ELMER L. SHULTZ Those Voting Nay: None Those Absent: None The presiding officer thereupon declared that a majority of all the commissioners elected having voted in favor thereof, the said motion was carried and the said resolution duly passed and adopted. Thereupon, after considering other matters not concerning the foregoing matter, upon motion duly made, seconded and unanimously adopted, said meeting was ad- journed. Chairman Board of County Commissioners Weld County, Colorado (SEAL) Attest: Clerk - 17 - STATE OF COLORADO ) ) SS. COUNTY OF WELD ) I, ANN SPOMER , County Clerk and ex -officio Clerk of the Board of County Commissioners of Weld County, Colorado, do hereby certify: 1. That the foregoing pages numbered from 1 to 17, both inclusive, constitute a full and correct copy of the record of the proceedings taken by the Board of County Commissioners of Weld County, Colorado, on Friday , the 6th day of April, 1962, insofar as said minutes relate to a resolution regarding the issuance of voting machine bonds of said County, aggregating $221,130.00 and bearing date June 1, 1962, a copy of which resolution is therein set forth. 2. That said copy of said resolution contained in said minutes is a full, true and correct copy of the original of the resolution as passed by the Board of County Commissioners at said meeting; that said original resolution has been duly authenticated by the signatures of the presid- ing officer of the Board of County Commissioners and myself as County Clerk and Recorder, and sealed with the corporate seal of said County, and signed and approved by the Chairman of the Board of County Commissioners and recorded in the book of resolutions of said County kept for that purpose in my office. 3. That the Chairman and all members of the Board of County Commissioners were present at said meeting and that all members of said Board voted on the passage of said resolution as in said minutes set forth. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County at Greeley, Colorado, this 11th day of June, 1962. (SEAL) - 18 - County Clerk STATE OF COLORADO ) ) SS. COUNTY OF WELD ) GENERAL AND NO -LITIGATION CERTIFICATE IT IS HEREBY CERTIFIED by the undersigned, the duly chosen, qualified and acting Chairman of the Board of County Commissioners of Weld County (herein sometimes designated as the "County"), the County Clerk, and the County Treasurer of and Attorney for, the County of Weld, State of Colorado: 1. That as determined by the Federal Census of 1960, the population of Weld County was 72,344, and that the present estimated population is 73,312 . 2. That Weld County was duly organized and is operating as a county, among others, under the provisions of a special act of the Legislature of the Territory of Colorado, approved the 1st day of November, 1861, now cited in relevant part as section 34-1-71, Colorado Revised Statutes 1953, and of the general laws of the State of Colorado; that the County was incorporated in the year 1861; that the validity of such incorporation has never been questioned; and that the County as originally in- corporated has never been consolidated with or annexed to any other county. 3. That from the day of May, 1962, up to and including the date of this certificate, the following have been, and now are, the duly chosen, qualified and acting officers of said County. Chairman, Board of County Commissioners: Other Commissioners: County Clerk & Recorder: County Treasurer: County Assessor: County Attorney: - 19 - MILLARD H. EWING ELMER L. SHULTZ ANN SPOMER CHARLES 0. BURSIEL HERBERT H. HANSEN SAMUEL S. TELEP 4. That the assessed valuation of the taxable property in the County for the year 1961, as shown by the last preceding tax list or equalized assessment roll, i.e. the total last assessed valuation of the taxable property of the County, was and is the sum of $153,365,790.00 , and that the total indebtedness of the County is $221.130.00 including its General Obligation Voting Machine Bonds, Series June 1, 1962, in the aggregate principal amount of $221,130.00, comprising the following: A. General Obligation Bonds: (1) Voting Machine Bonds $ 221,130.00 (2) Other Type Bonds $ None Total $ 221,130.00 B. Warrants: C. All Other: $ None $ None a list of said outstanding general obligation bonds being attached hereto as Exhibit A; that the County has out- standing no revenue bonds, no special assessment bonds, nor other obligations which might be held not to constitute an "indebtedness" nor a "debt"; and that the bonds do not ex- ceed any limit of indebtedness prescribed by the Constitu- tion or laws of the State of Colorado. 5. That no litigation of any nature is now pend- ing or, insofar as known to the undersigned, threatened (either in State or Federal Courts), restraining or enjoin- ing the issuance, sale, execution or delivery of the bonds of Weld County, Colorado, described as follows: Weld County, Colorado, General Obligation Voting Machine Bonds, Series June 1, 1962, in the principal amount of $221,130.00, consisting of one bond numbered 1, in the denomination of $130.00, and bonds numbered 2 to 222 both inclusive, in the denomina- tion of $1,000.00 each, bearing interest payable semiannually on the first days of June and December in each year, and matur- ing serially in regular numerical order on the first day of June in each of the years - 20 - 1963 to 1972, both inclusive, both prin- cipal and interest being payable at the office of the County Treasurer of Weld County, at Greeley, Colorado (herein sometimes designated as the "bonds"), or the levy and collection of taxes to pay the principal of and interest on said bonds, or in any manner questioning the authority or proceedings for the issuance, sale, execu- tion or delivery of said bonds, or affecting the validity of said bonds; that neither the corporate existence or the boundaries of the County, nor the title of its present offi- cers to their respective offices is being contested; and that no proceedings or authority for the issuance, sale, execution, or delivery of said bonds, have or has been repealed, rescinded, revoked, modified, changed or altered in any manner. 6. That by paragraph (a) of section 14 of a resolution entitled "A resolution providing for the issu- ance and sale by Weld County of its negotiable, coupon, General Obligation Voting Machine Bonds, Series June 1, 1962, in the principal amount of $221,130.00, for the pur- pose of purchasing voting machines; prescribing the form of said bonds; providing for the levy and collection of an annual ad valorem tax for the payment thereof; prescribing other details concerning said bonds; ratifying all action previously taken by said County and the officers thereof directed toward the issuance of said bonds and effecting the purpose of their issuance; and declaring an emergency," and proposed and adopted on the 6th day of April , 1962, authorized the printing on each bond of said series of the approving opinion of Messrs. Dawson, Nagel, Sherman & Howard, Attorneys at Law, Denver, Colorado, and appending thereto a "true copy" certificate in substantially the following form: - 21 - (Form of Legal Opinion Certificate) STATE OF COLORADO ) ) SS. LEGAL OPINION CERTIFICATE COUNTY OF WELD ) I, ANN SPOMER , Clerk of the County of Weld, in the State of Colorado, do hereby certify that the fol- lowing approving legal opinion of Messrs. Dawson, Nagel, Sherman & Howard, Attorneys at Law, Denver, Colorado, to -wit: (Opinion was inserted in submargins, including complimentary closing and "/s/ Dawson, Nagel, Sherman & Howard.") is a true, perfect and complete copy of a manually exe- cuted and dated copy thereof on file in the records of the County in my office; that a manually executed and dated copy of the opinion was forwarded to a representative of the purchaser, Bosworth, Sullivan & Company, Inc., Denver, Colorado, for retention in its records; and that the opinion was dated and issued as of the date of the delivery of and payment for the bonds of the series of which this bond is one. IN WITNESS WHEREOF, I have caused to be hereunto set my facsimile signature and affixed the seal of the County of Weld, in the State of Colorado. (Facsimile Signature) County Clerk Weld County, Colorado (SEAL) (End of Form of Legal Opinion Certificate) - 22 - 7. That pursuant to section 35-3-3, Colorado Revised Statutes 1953, the regular meetings of the Board of County Commissioners of the County are held at the County Court House, in Greeley, Colorado, on the first Monday in January, April, July and October in each year, at the hour of 10:00 o'clock a.m., under the provisions setting the time and place of such meetings made by motion of said Board; provided, that when such day falls upon a Sunday or legal holiday, the Board meets upon the next succeeding judicial day. 8. That there is no reason within our knowledge why the County may not delivery its General Obligation Voting Machine Bonds, Series June 1, 1962, in the prin- cipal amount of $221,130.00. 9. That no referendum petition concerning any resolution or other proceedings appertaining to the pur- chase of voting machines by the County or the bonds to be issued to provide for the payment of the purchase price thereof, has been filed; and that to the best of our know- ledge none is being circulated or planned for circulation. 10. That this certificate is for the benefit of each holder of any of the bonds from time to time. 11. That each of the bonds has been registered in the order in which issued in a book kept for that pur- pose in the office of the undersigned County Clerk, pursu- ant to law and the order of the County's Board of County Commissioners. WITNESS our hands and the corporate seal of Weld County, Colorado, this 11th day of JUNE, 1962. Chairman Board of County Commissioners County Clerk County Treasurer (SEAL) Attorney - 23 - EXHIBIT A (Attach List of Outstanding General Obligation Bonds) -24- STATE OF COLORADO ) ) SS. COUNTY OF WELD ) COUNTY ASSESSOR'S CERTIFICATE I, Jd, J(/Chap c,c_ , the duly chosen, qualified and acting County Assessor of Weld County, Colorado, and as such the custodian of the financial records of said County, do hereby certify that, according to said records: 1. That the equalized assessed valuation of the taxable property in Weld County, Colorado, as equalized for the year 1961, was and is $ /4/;;?6,6714 all as shown by the official records in my office as the Assessor of said County. 2. That as appears from the records in the of- fice of the County Clerk of said County, the aggregate in- debtedness of said County, including the indebtedness evidenced by the General Obligation Voting Machine Bonds, Series June 1, 1962, in the principal amount of $221,130.00, was and is the sum of $ 2 1 / 2 p . IN TESTIMONY WHEREOF, I have hereunto affixed my icial signature at Greeley, Colorado, this //day of , 1962. Ij // 1/1_ County Assessor Weld County, Colorado - 25 - STATE OF COLORADO ) ) SS. SIGNATURE CERTIFICATE COUNTY OF WELD ) We, the undersigned officers of the County of Weld, in the State of Colorado, do hereby certify: 1. That from and on the llthday of JUNE 1962, up to and including the 11th day of JUNE , 1962, we officially signed bonds of Weld County, Colorado, de- scribed as follows: Weld County, Colorado, General Obligation Voting Machine Bonds, Series June 1, 1962, in the principal amount of $221,130.00, consisting of one bond numbered 1, in the denomination of $130.00, and bonds numbered 2 to 222both inclusive, in the denomina- tion of $1,000.00 each, bearing interest payable semiannually on the first days of June and December in each year, and matur- ing serially in regular numerical order on the first day of June in each of the years 1963 to 1972, both inclusive, both prin- cipal and interest being payable at the of- fice of the County Treasurer of Weld County, at Greeley, Colorado (herein sometimes des- ignated as the "bonds'), being at the date of such signing and on the date hereof, the duly chosen, qualified and acting officers authorized to execute said bonds and holding the offices indicated by the official titles set opposite our respective names. 2. That the facsimile of the signature of each of the undersigned Chairman, County Clerk and County Treas- urer, which appears on each of the coupons attached to said bonds, has been affixed thereto with his knowledge and consent, and is hereby adopted. 3. That the seal which has been impressed on all of said bonds and upon this certificate is the legally adopted, proper and only official corporate seal of said County. -26- 4. That the undersigned County Clerk officially signed and affixed the County seal on the registration cer- tificate printed on the back of each bond, which certifi- cate on each bond was dated the ' 1th day of JUNE , 1962. 5. That the facsimile of the signature of the undersigned County Clerk and the seal of the County which appear on the Legal Opinion Certificate appended to the approving opinion of Messrs. Dawson, Nagel, Sherman & Howard, Attorneys at Law, Denver, Colorado, printed on each of the bonds, have been affixed thereto with her knowledge and consent and are hereby adopted. WITNESS our hands and said corporate seal, this day of 1962. SIGNATURE (SEAL) TERM OF OFFICE OFFICIAL TITLE EXPIRES Chairman Board of County Commissioners County Clerk County Treasurer Signatures affixed to the above certificate and upon each of the above -described bonds guaranteed as those of the officials, respectively, designated above. (BANK SEAL) BANK By 27 STATE OF COLORADO SS. DELIVERY CERTIFICATE AND RECEIPT COUNTY OF WELD ) IT IS HEREBY CERTIFIED by the undersigned, the duly chosen, qualified and acting Chairman of the Board of County Commissioners of Weld County (herein sometimes designated as the "County"), the County Clerk, and the County Treasurer of and Attorney for, the County of Weld, in the State of Colorado: 1. That on the 11th day of JUNE , 1962, the undersigned treasurer delivered to Bosworth, Sullivan & Company, Inc., Denver, Colorado (herein sometimes designated as the Purchaser), the lawful purchaser thereof, the bonds of Weld County, Colorado, described as follows: Weld County, Colorado, General Obligation Voting Machine Bonds, Series June 1, 1962, in the principal amount of $221,130.00, consisting of one bond numbered 1, in the denomination of $130.00, and bonds numbered 2 to 222, both inclusive, in the denomina- tion of $1,000.00 each, bearing interest payable semiannually on the first days of June and December in each year, and matur- ing serially in regular numerical order on the first day of June in each of the years 1963 to 1972, both inclusive, both princi- pal and interest being payable at the of- fice of the County Treasurer of Weld County, at Greeley, Colorado (herein sometimes des- ignated as the "bonds"), and received on said date from the Purchaser the following amount in payment therefor: Principal: $221,130.00 Premium: 0.00 Interest: Total: $ -28- 2. That at the time of said delivery, all un- matured coupons were attached to the bonds; and, as there were no matured coupons, none were then detached therefrom, cancelled and destroyed. 3. That the provisions in the General and Nod Litigation Certificate, dated the 11th day of JUNE , 1962, concerning the bonds, including but not limited to the no - litigation provisions therein, remain true and accurate to the date of this certificate; and each of the numbered para- graphs therein set forth is herein incorporated by reference thereto as if set forth herein verbatim in full. WITNESS our hands and the corporate seal of Weld County, Colorado, this 11th day of JUNE , 1962. Chairman Board of County Commissioners County Clerk County Treasurer Attorney (SEAL) -29- Year , ,i 1962 J -.w4 1963 .„7-6\1964 Lq -yo \1965 9/_/4A 1966 „_4Ao¢1967 ,ss xi -41968 .4.70 AS;-i-' j1969 „,7->C \1970 coo, -.4.2,1971 , 1972 Interest Due 12-1 $3,026.79 2,695.00 2,392.50 2,090.00 1,787.50 1,485.00 1,188.00 891.00 594.00 297.00 $221, 130 WELD COUNTY, COLORADO GENERAL OBLIGATION VOTING MACHINE BONDS Dated June 1, 1962 Interest Principal Total for Due 6-1 Due 6-1 Year $3,026.79 ,bb -'d '7-/3D co i $3,026.79 $23,130 28,851.79 2,695.00 22,000 27,087.50 2,392.50 22,000 26,482.50 2,090.00 22,000 25,877.50 1,787.50 22,000 25,272.50 1,485.00 22,000* 24,673.00 1,188.00 22,000* 24,079.00 891.00 22,000* 23,485.00 594.00 22,000* 22,891.00 297.00 22,000* 22,297.00 *May be redeemed on June 1, 1967 or on any interest payment date thereafter at 101 1/2. LRJ:ik Hello