HomeMy WebLinkAbout680271.tiffBEFORE THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
APPLICATION OF MARY E. JENSEN AND RONALD
R. JENSEN OF ROUTE 2, PLATTEVILLE,
COLORADO dba HIGHLAND LAKE; PLATTEVILLE,
COLORADO, FOR RETAIL LICENSE FOR SALE OF
FERMENTED MALT BEVERAGES (3.2% Beer) FOR
CONSUMPTION BOTH ON AND OFF THE PREMISES.
APPEARANCE S:
REPORTER'S
TRANSCRIPT
JOHN P. DONLEY, Attorney at Law, First National Bank Building,
Greeley, Colorado, appearing for and on behalf of the
petitioners, Mary E. Jensen and Ronald R. Jensen,
SAMUEL S. TELEP, Attorney at Law, First National Bank Building,
Greeley, Colorado, as County Attorney for Weld County,
Colorado, appearing on behalf of the Board of County
Commissioners.
Pursuant to Notice published in The Greeley Booster,
Greeley, Weld County, Colorado, on September 20, 1968 and
October 18, 1968, hearing on the above Application was held
in the District Court Hearing Room, Fourth Floor of the Weld
County Court House at Greeley, Colorado, on Wednesday, October
30, 1968, at the hour of 2:00 p. m., before the Board of
County Commissioners: HAROLD W. ANDERSON, Chairman, EDWARD L.
DUNBAR and MARSHALL H. ANDERSON.
L.�
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[(SC
INDEX
CAPTION AND APPEARANCES
STATEMENT BY COUNTY ATTORNEY
Witnesses (for applicants)
ROLAND R. JENSEN
MARY E. JENSEN
Witness (for objectors)
DARWIN FREI
2
4
13
14
Exhibits Iden Offered
A Proof of Publication 4 4
B Petition on behalf of Applicants 5 6
C Sign posted on location 6 7
D Affidavit of Co -partnership 4 5
E Drawing of concession stand 11 11
1 Petition on behalf of objectors 16
(Index)
(Petitioners' Exhibits A, B, C, D and E marked
for identification by the Reporter)
CHAIRMAN ANDERSON: I will call this hearing
to order, and will at this time turn it over to our County
Attorney, Mr. Samuel S. Telep.
Mr. TELEP: Thank you, Mr. Chairman. Let the
record show that this hearing is being held on the Applica-
tion of Mrs. Mary E. Jensen and Ronald R. Jensen for retail
3.2% fermented beer license for consumption both on and off
the premises at a location described as Highland Lake, Route
2, Platteville, Colorado, and more particularly described
as being located in the NW+ of Section 9, Township 3 North,
Range 68 West of the 6th P. M., Weld County, Colorado, and
more particularly described in leaps and bounds as was pub-
lished and as required by law.
Let the record show that this cause came on regular-
ly to be heard by the Board of County Commissioners of Weld
County, Colorado, at the hour of 2:00 p. m., on Wednesday,
October 30, 1968, as provided in the Notice of hearing that
was duly published as required by law.
Let the record further show that the Chairman of
the Board of County Commissioners, Harold W. Anderson, pre-
sided, and also present were Edward L. Dunbar and Marshall H.
Anderson, the other two members of the Board of County
Commissioners; also present was Samuel S. Telep, County
Attorney. The applicants appear in person and by their counsel
John P. Donley.
The Protestants, if any, in this room will have an
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opportunity to identify themselves and to present any evidence
that they may wish to present against the granting of this
license to these applicants.
I would like the record to show there is present
in the hearing room Mr. Darwin Frei, a resident of Mead,
Colorado, to present evidence and any testimony he may want
to against the granting of this application for license.
I would like the record to further show that the
Board of County Commissioners after some study decided to
set the neighborhood of the location sought to be licensed,
as follows: Sections 31, 32, 33 and 34 in Township 4 North,
Range 68 West of the 6th P. M.; Sections 3, 4, 5, 6, 7, 8,
9, 10, 15, 16, 17 and 18 in Township 3 North, Range 68 West
of the 6th P. M. If any of the section boundary lines are
roads, then any party on either side of the road shall be
heard.
We would like the record to show that for people
who do not live in or own property or manage a business in
this particular area that has teen designated by the Board
as a neighborhood, that their testimony will not be given any
weight because it will be considered irrelevant and immater-
ial because the Supreme Court of the State of Colorado has
stated time and time again that the record should reflect
only the evidence submitted orally or by petition of people
living in any property in the area or those who manage a
business in the area; and this was done primarily so that the
record would not be cluttered with extraneous and irrelevant
material.
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Mr. Chairman, perhaps you might ask counsel
for the applicants if he wishes to make an opening state-
ment, or proceed.
Mr. DONLEY: We would waive opening statement
at this time, and I will call our first witness.
ROLAND R. JENSEN
Applicant, called as a witness in behalf of the Applicants,
and being first duly sworn, was examined and testified as
follows upon:
Direct Examination
by Mr. John P. Donley:
Q. Would you state your full name and your address,
please?
A. Roland R. Jensen, Route 2, Platteville, Colorado.
Q.
And you are one of the petitioners or applicants
in this matter?
A. Right.
Mr. DONLEY: For the benefit of the Commission-
ers we would ask that Petitioners' Exhibit A, the proof of
publication, be admitted, showing proper notice in a legal
newspaper in the County of Weld and State of Colorado, and we
have a receipt showing that it has been paid.
CHAIRMAN ANDERSON: It is accepted.
Q. I hand you what has been marked Petitioners' Ex-
hibit D, an affidavit of copartnership, and ask you if you
can identify your signature thereon?
A. I can.
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Q. And you are a copartner with your mother, Mary E.
Jensen?
A. Yes.
Mr. DONLEY: I would ask that Exhibit D, an
executed copy of the Affidavit of Copartnership, be admitted.
I have the original in my file for recording. I ask it be
admitted as evidence of their partnership.
CHAIRMAN ANDERSON: It is so accepted.
Q. I will show you Petitioners' Exhibit B and ask you
if you can identify that, and if you can please tell the
Commissioners what that is?
A. This is the petition I had signed through our area,
and the Mead area, and parts in between.
Q. Can you identify the parties on the petition?
A. Yes.
Q. Do you know them personally?
A. Yes.
Q. How long have you lived in the Mead area?
A. Fifteen years.
Q. The names on the petition, are they those of resi-
dents or owners of businesses in the area?
A. Yes.
Q. Did you go into the town of Mead to circulate the
petition?
A. Yes, there are a few from the town of Mead.
Q.
Are there any names of businessmen operating liquor
stores or outlets in the area designated?
A. Yes.
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Q.
Would you identify them specifically?
A. Fred Shultz, owner of a bar, and Ed Adler, operator
of a service station in Mead.
Q•
Did you make it clear to the people what the
petition was for and what they were signing?
A. True.
Q.
And you know those persons are owners of businesses
in the designated area?
A. Right.
Mr. DONLEY: I would move the admission of
Petitioners' Exhibit B.
CHAIRMAN ANDERSON: It is so accepted.
Mr. TELEP: Has it been determined how many
signatures are on there?
Mr. DONLEY: Have you checked that?
THE WITNESS: I imagine about twenty-five or
thirty.
CHAIRMAN ANDERSON: Thirty-six.
Q. Will you examine Exhibit C and state what that is?
A. Yes. It is a sign we had put on our building at
the lake.
Q. Where was it placed?
A. On the south side of the building, and the building
sets next to the road, so as you drove into the lake road you
would notice the sign, or driving by on the road.
Q.
Is that a county road, a hardtop or paved road, or
an interstate, or what?
A. It's a county road, but it is paved. There is
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quite a bit of traffic through there.
Q.
The sign was placed on the side of the building
and facing the road; they wouldn't have to drive around the
building to see it?
A. It wasn't facing it from the road, but you could
notice it. The building sets that close to the road. If you
drove on the road you would notice it.
Q. How long was this up on the building?
A. Approximately thirty days, I believe.
Mr. DONLEY: We would ask Exhibit C be admitt-
ed.
Q.
CHAIRMAN ANDERSON: It is admitted.
Would you describe to the Commissioners the type
of business you are carrying on at the location?
A. A recreational. Fishing and boat rental, open for
fishing and boating and swimming.
Q.
Primarily would you state the season, what months
are you open?
A. Well, as soon as the weather gets open, primarily
from May through September.
Q. How long have you been in business at that location?
A. Ever since it was settled.
Q. Fifty years?
A. I would say so.
Q. Have you kept accurate figures of the number of
people there in the season?
A. No, but we figure twenty-five hundred or three
thousand through the year.
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Q. Will you describe the number of people that attend
on the weekend in the summer months?
A. Right around a hundred on a weekend day.
Q. You have come to this Board requesting a 3.2 liquor
license; please describe why you decided to file the applica-
tion?
A. Well, we do sell pop and all sorts of concessions
there, mostly for the trade from Denver. Most of them are
beer drinkers, and they come up and fish, and we don't sell
the beer now, and consequently they have to go back to another
outlet to get it. We feel we need one out there to protect
our business.
Q. You feel there is a need for this, specifically?
A. Right.
Q. Have you had a lot of requests from different
individuals?
A. Yes, it's been fairly good.
Mr. TELEP: I don't 'believe he answered the
question. Will you read the question and answer?
(Last question and answer read by the Reporter).
A. Yes, it has been very good. Anybody I have talked
to has been for it.
Mr. TELEP: You mean you have had a lot of
requests for 3.2 beer?
A. Yes.
Q. Do you know of any facility similar to yours, to
your area, that provides the same services?
A. Yes. Carter Lake, and at Boulder, and Horseshoe
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Lake, I believe, has a beer outlet.
Q.
Right on the lake?
A. Yes. I'm not sure of Horsetooth, or Horseshoe,
whatever it is, but Carter Lake does.
Q. Would you describe from your knowledge the location
of the other outlets, and move in a north to south and east
to west direction and identify where they are, and the type
of outlet, like a bar that sells 3.2 in the bar, or whatever
it is.
A. We will start north. Apparently it would be Ber-
thoud, Colorado, about five or six miles away. I imagine
they have all types of outlets there.
Q. Is that in Weld County?
A. That's Larimer County, I believe.
Q. How far north in Weld County do you have to go to
find a 3.2 outlet similar to the one you are applying for?
A. I would say Berthoud.
Q.
In Weld County, I mean. How far north do you have
to go; Johnstown?
A. No, I believe it would be at Johnson's Corners, it's
northeast.
Q. How far is that from your location?
A. About eight or ten miles.
CHAIRMAN ANDERSON: It so happens that Johnson's
Corner is in Larimer County.
Q. With that correction, where is the nearest place?
A. The County line runs out in the country, and there's
nothing there.
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Q.
Do you think Johnstown mould be the nearest loca-
tion?
A. That's east from us, you see. When you say north,
that ends in the middle of nothing.
Q. How about south?
A. That would be Del Camino, approximately five miles.
They have a carry -out and grocery store.
Q. What about east?
A. Mead, Colorado, a general store there. They have a
carry -out and liquor store and package store.
Q. Any other outlets in Mead?
A. A bar.
Q. How about west?
A. That would be Longmont, Colorado, approximately
ten miles from us over the county line. They have all sorts
of outlets.
Q. What would be the type of person utilizing your
facility?
A. Well, most of our trade is from towns such as
Denver and Boulder, most of our local people don't do as much
trading as people from Denver. The people from Denver and
Boulder, they come a great distance for fishing, and so on.
Mr. DONLEY: I have no more questions.
By Mr. Dunbar:
Q.
Have you had any experience in the operation of an
establishment such as this?
A. As far as beer is concerned?
Q•
Yes, with beer.
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A. I haven't actually been in a business like that,
but I've been in this particular business about fifteen
years, and I grew up in it, and I do know quite a bit about
how to sell.
Q. Would you have to add anything to this business or
the building, any additions?
A. No, we wouldn't have to right now, but we hope to
in the future sometime.
By Mr. Donley:
Q.
For the benefit of the Commissioners would you
describe the building to them, its construction and size?
A. Well, it's approximately sixteen feet long and about
eight feet wide. And this part here (indicating on drawing)
faces the road and this part here would face the lake. And
this has an open front with a bench. This right here comes
up.
Q. What kind of construction is it?
A. A wood frame building.
Q. Would you describe what hours of the day this is
open?
A. Well, our trade usually starts from daylight to dusk.
Primarily fishing.
Mr. DONLEY: I would ask that Exhibit E be
admitted.
COMMISSIONER DUNBAR: Where are you located
from Mead?
A. One mile north and one mile west. Or, one mile west
and one mile north.
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COMMISSIONER MARSHALL ANDERSON: So this
would all be consumed outside?
A. Right.
Mr. DONLEY: People don't actually come in the
building, but they do lean on the bar to drink. If that
constitutes being in or on the premises, I don't know. There
is a future possibility that there might be additional con-
struction there at a later date. But they are certainly on
the grounds of the property owned by them. Perhaps there
should be a clarification by the County Attorney on this
issue. I don't know.
Mr. TELEP: You don't have any tables or chairs
so that beer would be consumed in a tavern, as such?
A. No.
Mr. TELEP: In other words, if they came in
for 3.2 beer, they would take it and carry it away; is that
right?
A. Right.
COMMISSIONER MARSHALL ANDERSON: So it wouldn't
be consumed in there?
A. They would consume it under one of the lids.
Mr. TELEP: You have the idea of expanding this
building, and this is why you want to convince the Commissioners
you ought to have a license to consume beer on or off the
premises, and carry out?
A. Right.
Mr. TELEP: A three-way situation?
A. Right.
- WITNESS EXCUSED -
12-
MARY E. JENSEN
Petitioner, called as a witness in her own behalf, and being
first duly sworn, was examined and testified as follows:
Direct Examination
by Mr. John P. Donley:
Q. Would you state your name and address, please?
A. Mary E. Jensen, Route 2, Platteville, Colorado.
Q. And you are the applicant here with Roland R.
Jensen?
A. Yes, sir.
Q. What relation is he to you?
A. My son.
Q. Mrs. Jensen, would you describe to the Commissioners
the facts which caused you to make this application, why you
are here before the Board?
A. Well, we have been in business quite a few years,
forty or fifty years, and have sold pop and other things to
people that come up for the fishing, and they have asked us
for beer, and we decided they bring their own beer with them
and we might as well sell it. This is why we are putting up
our application, so we can sell the cans of beer.
Q.
Are you charged with the primary responsibility of
running the stand?
A. Yes, sir.
Q. You keep the books?
A. Yes.
Q. And are there more than Roland?
A. I am in charge of it, yes.
Q•
Is there anything your son said that you would like
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to elaborate on with respect to the needs of the situation?
You would substantially agree with everything that he said?
A. Yes.
Q. Did you yourself put the sign up?
A. Yes.
Q. How long was it up?
A. At least thirty days.
Q. And you yourself had personally experienced many
demands from individuals for the sale of beer there?
A. Yes.
Mr. DONLEY: I have no more questions.
Mr. TELEP: I have no questions.
- Witness Excused -
Mr. DONLEY: We would ask that the Chairman of
the Board take administrative notice of the matters in the
files and the filing and date of theapplication, and the
correct filing as required by law. We would ask Petitioners'
Exhibit E be admitted into evidence. We have no more testimony
at this time.
Mr. TELEP: Thank you, Mr. Donley. As the
record will indicate, we have a protestant at the hearing.
At this time the Board would like to call on Darwin Frei to
take the stand and submit to some questions.
DARWIN FREI
called as a witness in his own behalf, and being first duly
sworn, testified as follows:
By Mr. Samuel S. Telep:
Q. Would you state your name and address?
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A. Darwin Frei, Box 246 Mead.
Q. What is your business, Mr. Frei?
A. I own the general store in the town. I sell 3.2
beer, inside the premises and carry out.
Q• Do you have a restaurant in connection with your
store?
A. Yes, a small cafe. We serve sandwiches and such
things.
Q. Do you have any other licenses?
A. Also a package liquor license.
Q. Is that in connection with your store?
A. It is connected to it, but a separate entrance.
Q. Not connected from your store?
A. No, you have to go outside.
Q. You have a package liquor store license, and a
grocery store, and a 3.2 license, is that correct?
A. That's correct.
Q. You don't have a three-way liquor license.
A. No.
Q• Is there one in town?
A. Yes.
Q. When did you get your 3.2 license?
A. Well, it was with the business when I purchased it
two years ago.
Q. Did you also purchase the package liquor business?
A. Yes.
Q. It was a package deal?
A. Yes. I purchased everything.
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Q. Would you say the applicants were correct when they
said their business location was approximately two miles
northwest of town?
A. Yes.
Q. Are there any other 3.2 licenses in Mead?
A. No. I had the poolhall which had a 3.2 license,
but there is not anough business to warrant it.
Q. There was one then?
A. Yes.
Q. When was it given up?
A. About two and a half years ago.
Q. Just before you bought this?
A. Yes. It went broke and I purchased this.
Q. It is my understanding you are here to testify
against the granting of this license?
A. Yes. I feel the existing outlet is sufficient
for the public.
Q.
Is this your own personal opinion?
A. Well, I have fifty-six other people who would
testify to this also.
Mr. TELE!: Let the record show the witness
has four sheets of paper purporting to be a petition against
the granting of this license; is that right?
THE WITNESS: Yes.
(Objector's Exhibit 1 marked for identification by
the Reporter).
Q. Will you look at what has been marked as Objector's
Exhibit 1, and I will ask you what this is?
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A. This is a list of petitioners who have signed that
they feel the existing outlet is satisfactory and that there
is no more need for other outlets in this area.
Q. Did you circulate the petition personally?
A. Yes, sir.
Q. And you have seen all these people who signed it?
A. Yes, sir.
Q. They signed it in your presence?
Q•
A. Yes, sir.
Did you circulate your petition within the area described?
A. Yes, northwest of the town.
Q.
When you had this signed, did you ask them to sign
this?
A. I asked them how they felt about this.
Q. An additional 3.2 beer outlet?
A. Yes.
Q. Did some of them in your presence state they were
against it?
A. They stated they felt there was enough, and a lot
of them said there were a lot of kids, and it was a crooked
road, and they didn't want beer out there.
Q. If this license was granted do you feel it would
hurt your business?
A. Oh, I feel it would to some extent, yes.
Q. Were you able to ascertain how many signatures are
on the petition?
A. Fifty-six.
Q. Do you fish very much.
A. No. I'm open seven days.
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Q. Do you ever fish in this lake?
A. No.
COMMISSIONER DUNBAR: Are there any fish in
it?
A. Well, I haven't heard very good reports.
CHAIRMAN ANDERSON: Would you like a recess?
We will take a five minute recess.
(Recess from 3:05 to 3:15 p. m.)
CHAIRMAN ANDERSON: We will now call the hear-
ing back to order.
Cross -Examination
by Mr. John P. Donley:
Q.
Were you aware that Ben Dreith signed the petition
in support?
A. Yes. He said that after he thought about it, it
would be better not to have it over there.
Q.
Did you go around to the houses and circulate this,
or did you leave it on the counter top in the grocery store?
A. I circulated it myself.
Q. From house to house?
A. Yes.
Q. Nobody signed it at the bar?
A. No.
Q. Or in the grocery store?
A. No. I circulated it. I drove around yesterday and
this morning.
Q.
Are some of the signatures the names of husband and
wife, so that you got two signatures at one location?
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A. Yes. They are voters, though, I guess.
Q. You would agree with the testimony you heard from
Mr. Jensen about the distances north, south, east and west of
the location?
A. Yes. Of course, being in the corner of the county,
there isn't any place in the county north. North is Larimer
County and west is Boulder county.
Q.
Do you know if some of the people that purchase
beer from you, would they take it back to the lake?
A. Oh, I imagine they would.
Q. And what about some of the people that come from
the lake to buy groceries and so on; do you get any customers
like that?
A. Oh, a few. Most of them bring their stuff along.
But this sign was not visible from the north, when you drove
past. You could not see it at all coming from the north. It
was on the south side of the building. And, of course, the
building happens to be a split siding, and with that brown
paper it was not very visible from the south. Also it was not
very easy to see. I drove out to see.
Q. But when you looked you could see it?
A. Yes. You had to pull up in there to see what it
said.
by Mr. Telep:
Q.
Mr. DONLEY: No more questions.
Mr. TELEP: I have a few more questions.
Redirect examination
You yourself, do you drink 3.2 beer?
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A. Yes.
Q.
If you were not in the business, if you did not
have this grocery store, would you be against the granting of
this license?
A. Well, I don't think we need any more in the area.
There are only about four hundred people in the vicinity,
and two hundred are school -age children. I think one outlet
for beer is ample for that amount of people.
Q.
You didn't answer my question. Would you be against
the granting of this license if you did not have this store
and were not in a competitive business?
A. Yes.
Q. You would be against it?
A. Yes.
Q. Would you be against the granting of a 3.2 license
in Johnstown or north of Johnstown, or north of Del Camino?
A. North of Del Camino, yes.
Q. Would you be against it east of Del Camino five or
ten miles?
A. No. That isn't in the general area.
Mr. TELEP: No more questions. You may step
down.
- Witness Excused -
COMMISSIONER DUNBAR: Mrs. Jensen, is this
concession stand open the year around, or does it close down
when the lake freezes over?
Mrs. MARY E. JENSEN: From May to Labor Day is
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when it's open.
Mr. TELEP: Do you wish to make a statement,
Mr. Donley?
Mr. DONLEY: I think Mr. Dunbar has elicited
a significant point. During the summer there is an influx of
tourists from the Denver area, and this is primarily an out-
let to serve the needs of the recreation trade, not to compete
with anybody with a tavern or bar, but primarily for the
fishermen on the lake. I think the county would benefit by
the increased recreation trade that would flow into the
county. It has been established by the witnesses that there
are twenty-five hundred to three thousand people that utilize
this lake in the six -months' summer season, and you must go a
great distance in any direction, other than to Mead, to buy
beer.
As far as consideration for and consideration
against this, the one petition has theapproval for the other
outlet in town, the people on the petition have the one out-
let represented by Mr. Frei, and it should be taken into
consideration that he is here speaking on behalf of the
citizens of that neighborhood, and not the citizens them-
selves here, and his purpose would be viewed as being against
competition. He has as much interest in being against the
outlet as my clients have in wanting it. The 'number could
have been swelled by having both husband and wife sign, and
on our petition only one member of the family signed. I would
urge you to consider that this is a unique location with
special characteristics, and it will not be open year around
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or cause a hazard. It is a situation where there is a very
definite need for a location in this part of the county to
serve a very special need.
Mr. TELEP: Mr. Frei, you certainly should
have the opportunity to say a few words in closing and to
sum up why you feel this license should not be granted. Don't
be bashful.
Mr. FREI: Well, I think I have said every-
thing.
Mr. TELEP: You have said everything you have
to say, is that correct?
Mr. FREI: Yes.
CHAIRMAN ANDERSON: We have heard the request
for the license and from those opposed.
COMMISSIONER DUNBAR: I move we take this under
advisement.
COMMISSIONER MARSHALL ANDERSON: Second the
motion.
CHAIRMAN ANDERSON: I will make it unanimous.
We will take it under consideration. Thank you very much.
- Record Closed -
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STATE OF COLORADO )
COUNTY OF WELD )
SS.
I, Warren E. Beach, a duly qualified Notary Public in
and for the State of Colorado, and one of the Official Court
Reporters of the District Court of Weld County, Colorado, do
hereby certify that I was present during all of the proceed-
ings above set forth; that I took the oral proceedings in
shorthand and later reduced the same to typewriting; that the
above and foregoing transcript consisting of 22 pages is a
full, true and correct transcript of the proceedings had at
the time and place set forth in the caption sheet hereto.
Witness my hand and notarial seal this 8th day of
November, 1968.
My commission expires October 6, 1969.
Official Court Reporter
Notary Public
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