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Home My WebLink About20231470.tiffL1 SpencerFane COURTNEY LINNEY, PARALEGAL DIRECT DIAL: 303.839.3778 clinneyiispencerfane.com VIA CERTIFIED MAIL -RETURN RECEIPT REQUESTED - # 7020 3160 0000 0146 4028 Board of County Commissioners Weld County P.O. Box 758 Greeley, CO 80631 RECEIVED MAY 2 2 2023 WELD COUNTY COMMISSIONERS May 18, 2023 VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED - # 7020 3160 0000 0146 4059 Department of Regulatory Agencies Division of Securities 1560 Broadway, Suite 900 Denver, CO 80202 Re: Beebe Draw Farms Metropolitan District No. 1 — Election Results To Whom It May Concern: Pursuant to Section 32-1-1101.5(1), C.R.S., I am enclosing a copy of the Canvass Board's Certificate of Determination (Certificates of Results) for the May 2, 2023 regular election held by Beebe Draw Farms Metropolitan District No. 1. Please place the enclosed election results in the District's file. If you have any questions or need any additional information, please feel free to contact our office. Thank you. Sincerely, SPENCER FANE LLP Courtney Luwv ey Courtney Linney Paralegal Enclosures 1700 LINCOLN STREET, SUITE 2000, DENVER, CO 80203-4554 I 303.839.3800 I FAX 303.839.3838 I spencerfane.com COMMvn.Co.,+7or1 S o6/0S/23 Spoon I 2023-1470 CANVASS BOARD'S CERTIFICATE OF DETERMINATION (CERTIFICATE OF RESULTS) FOR THE REGULAR ELECTION HELD ON MAY 2, 2023 BEEBE DRAW FARMS METROPOLITAN DISTRICT NO. 1 WELD COUNTY, COLORADO 1-13.5-1305 CRS Each of the undersigned members of the Canvass Board of the Beebe Draw Farms Metropolitan District No. 1 certifies that the following is a true and correct statement of the votes cast at the regular election of the Beebe Draw Farms Metropolitan District No. 1, at which time the eligible electors of the Beebe Draw Farms Metropolitan District No. 1 voted as indicated on the attached Judges' Certificate of Election Returns, and as a result of which the eligible electors elected to office the following Directors: CINDY BILLINGER: 4 -YEAR TERM (2023-2027) WILLIAM CALDWELL: 4 -YEAR TERM (2023-2027) The votes cast for ballot issues and questions were as follows: BALLOT ISSUE 6A: Number of YES votes cast: Number of NO votes cast: BALLOT ISSUE 6B: Number of YES votes cast: Number of NO votes cast: BALLOT ISSUE 6C: Number of YES votes cast: Number of NO votes cast: BALLOT QUESTION 601: Number of YES votes cast: Number of NO votes cast: 83 12 84 11 82 13 84 10 Sharon Dillon, Canvasser crag- Larry Suedmeier, Canvasser i o -u n n et- Ontute - Courtney Linney, Deputy Designated Election Official [CONTINUED ON NEXT PAGE] Contact Person for the District: Ronald L. Fano, Esq Spencer Fane, LLP 1700 Lincoln Street, Suite 2000, Denver, CO 80203 Business Address of the District: 1700 Lincoln Street, Suite 2000, Denver, CO 80203 Telephone Number: 303/839-3800 PROCEDURAL INSTRUCTIONS: The canvassers meet to survey the returns and certify the results. No later than fourteen (14) days after the election, the canvass board shall certify the official abstract of votes cast which the DEO uses to certify the election (results). This form must be filed with the Division of Local Government within 30 days after the election. The DEO shall notify the candidates of their election with certificate. Please attach Election Judges' Certificate(s) of Election Results as well as any ballot language for record keeping purposes. 2 DN 7427113.1 JUDGES' CERTIFICATE OF MAIL BALLOT ELECTION RETURNS AND STATEMENT OF BALLOTS BEEBE DRAW FARMS METROPOLITAN DISTRICT NO. 1 REGULAR ELECTION HELD MAY 2, 2023 1-13.5-613, C.R.S. IT IS HEREBY CERTIFIED by the undersigned, who conducted the mail ballot election held by Beebe Draw Farms Metropolitan District No. 1 of Weld County, Colorado, on the 2nd day of May, 2023, that, after swearing and subscribing to their oaths of office, they opened the ballot depository/walk-in voting location at 1700 Lincoln Street, Suite 2000, Denver, Colorado, at 9:00 a.m. on April 10, 2023, and kept said ballot depository/walk-in voting location open between 9:00 a.m. and 5:00 p.m. every business day through May 1, 2023 and on May 2, 2023, election day, the hours were extended from 7:00 a.m. to 7:00 p.m. for receipt of ballots and walk-in voting, after which time they counted the ballots cast for Directors of the District and for any ballot issue or ballot question submitted in accordance with the Colorado Local Government Election Code. That the votes cast for Director of the District to service until the second regular election (2027) were as follows (numeric and spelled out): CANDIDATE FOR DIRECTOR NUMBERS OF VOTES CAST Numeric Spelled Out CINDY LYNN BILLINGER 1O I A -✓%Yt,t, WILLIAM (BILL) CALDWELL 63 44}; _ _ - r DOUG MARTIN LI g .`.- 0 ,; t, ' That the votes cast for Director of the District to serve until the next regular election (2025) were as follows (numeric and spelled out): CANDIDATE FOR DIRECTOR No Candidates for this term NUMBERS OF VOTES CAST Numeric Spelled Out That the votes cast for and against the ballot issues/questions submitted were as follows (numeric and spelled out): BALLOT ISSUE 6A (Broadband Extension Fees Applicable to Any Filing in the District's Service Area Other Than Filing No. 1 of the Corrected First Filing Plat, Weld County, Colorado Recorded in the Real Property Records of Weld County on December 13, 1989 at Reception Number 02200074) SHALL BEEBE DRAW FARMS METROPOLITAN DISTRICT NO. I TAXES BE INCREASED BY THE IMPOSITION OF A BROADBAND EXTENSION FEE OR FEES IMPOSED IN THE AMOUNT OF $650,000 ANNUALLY OR BY SUCH LESSER AMOUNT AS NECESSARY WITHIN ANY FILING IN THE DISTRICT'S SERVICE AREA OTHER THAN FILING NO. l OF THE CORRECTED FIRST FILING PLAT, WELD COUNTY, COLORADO RECORDED IN THE REAL PROPERTY RECORDS OF WELD COUNTY ON DECEMBER 13, 1989 AT RECEPTION NUMBER 02200074 FOR THE PAYMENT OF ALL OR ANY PART OF THE FACILITIES PERMITTED BY TITLE 29, ARTICLE 27 OF THE COLORADO REVISED STATUTES, DESCRIBED AS "ADVANCED SERVICES," "TELECOMMUNICATIONS SERVICES," AND "CABLE TELEVISION SERVICES," INCLUDING ANY NEW AND IMPROVED HIGH BANDWIDTH SERVICES BASED ON FUTURE TECHNOLOGIES, UTILIZING EXISTING OR NEW COMMUNITY OWNED INFRASTRUCTURE INCLUDING, BUT NOT LIMITED TO, FIBER OPTIC NETWORK, EITHER DIRECTLY OR INDIRECTLY WITH PUBLIC OR PRIVATE SECTOR PARTNERS TO POTENTIAL SUBSCRIBERS THAT MAY INCLUDE DN 2976485.2 TELECOMMUNICATIONS SERVICE PROVIDERS, RESIDENTIAL OR COMMERCIAL USERS, PUBLIC AND NON-PROFIT ENTITIES, AND OTHER USERS, SAID FEE OR FEES TO BE IMPOSED, WITHOUT LIMITATION AS TO RATE OR AMOUNT OR ANY OTHER CONDITION TO PAY SUCH EXPENSES AND SHALL THE PROCEEDS OF SUCH FEES AND ANY INVESTMENT INCOME THEREON BE COLLECTED, RETAINED AND SPENT BY THE DISTRICT IN FISCAL YEAR 2024 AND IN EACH FISCAL YEAR THEREAFTER AS A VOTER -APPROVED REVENUE CHANGE WITHOUT REGARD TO ANY SPENDING, REVENUE -RAISING, OR OTHER LIMITATION CONTAINED WITHIN ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION, THE LIMITS IMPOSED ON INCREASES IN PROPERTY TAXATION BY SECTION 29-1-301, C.R.S., IN ANY YEAR, OR ANY OTHER LAW WHICH PURPORTS TO LIMIT THE DISTRICT'S REVENUES OR EXPENDITURES AS IT CURRENTLY EXISTS OR AS IT MAY BE AMENDED IN THE FUTURE, ALL WITHOUT LIMITING IN ANY YEAR THE AMOUNT OF OTHER REVENUES THAT MAY BE COLLECTED, RETAINED AND SPENT BY THE DISTRICT? BALLOT ISSUE 6A YES NO NUMBER OF VOTES CAST Numeric Spelled Out 83 ,14-014 -1/AvA, 12. /I%t ft&t. BALLOT ISSUE 6B (Multiple Fiscal Year IGA Mill Levy Question) SHALL BEEBE DRAW FARMS METROPOLITAN DISTRICT NO. I BE AUTHORIZED TO ENTER INTO AN AMENDMENT TO THE BEEBE DRAW FARMS AUTHORITY ESTABLISHMENT AGREEMENT WITH BEEBE DRAW FARMS METROPOLITAN DISTRICT NO. 2, FOR THE PURPOSE OF AUTHORIZING THE BEEBE DRAW FARMS AUTHORITY TO PROVIDE ALL SERVICES, AND TO PROVIDE, PURCHASE, LEASE, CONSTRUCT, MAINTAIN, OPERATE AND FINANCE FACILITIES PERMITTED BY TITLE 29, ARTICLE 27 OF THE COLORADO REVISED STATUTES, DESCRIBED AS "ADVANCED SERVICES," "TELECOMMUNICATIONS SERVICES" AND "CABLE TELEVISION SERVICES," INCLUDING ANY NEW AND IMPROVED HIGH BANDWIDTH SERVICES BASED ON FUTURE TECHNOLOGIES, UTILIZING EXISTING OR NEW COMMUNITY OWNED INFRASTRUCTURE INCLUDING, BUT NOT LIMITED TO, FIBER OPTIC NETWORK, EITHER DIRECTLY OR INDIRECTLY WITH PUBLIC OR PRIVATE SECTOR PARTNERS TO POTENTIAL SUBSCRIBERS THAT MAY INCLUDE TELECOMMUNICATIONS SERVICE PROVIDERS, RESIDENTIAL OR COMMERCIAL USERS, PUBLIC AND NON-PROFIT ENTITIES, AND OTHER USERS, WITHIN THE AUTHORITY'S SERVICE AREA, WHICH AMENDMENT MAY CONSTITUTE A MULTIPLE FISCAL YEAR FINANCIAL OBLIGATION OF THE DISTRICT TO THE EXTENT PROVIDED THEREIN AND OTHERWISE AUTHORIZED BY LAW, AND IN CONNECTION THEREWITH SHALL THE DISTRICT BE AUTHORIZED TO MAKE COVENANTS REGARDING THE ESTABLISHMENT AND USE OF AD VALOREM TAXES, RATES, FEES, PUBLIC IMPROVEMENT FEES (INCLUDING BUT NOT LIMITED TO A BROADBAND EXTENSION FEE OR FEES), TOLLS, PENALTIES, AND OTHER CHARGES OR REVENUES OF THE DISTRICT, AND COVENANTS, REPRESENTATIONS, AND WARRANTIES AS TO OTHER MATTERS ARISING UNDER THE AMENDMENT, ALL AS MAY BE DETERMINED BY THE DISTRICT BOARD OF DIRECTORS? BALLOT ISSUE 6B NUMBER OF VOTES CAST Numeric Spelled Out YES 59 14qA- k-. NO ‘\ ZbArtw 2 DN 7570489.1 BALLOT ISSUE 6C (Broadband Services — Additional O&M Mill Levy Applicable to Filing No. 1 of the Corrected First Filing Plat, Weld County, Colorado Recorded in the Real Property Records of Weld County on December 13, 1989 at Reception Number 02200074) SHALL BEEBE DRAW FARMS METROPOLITAN DISTRICT NO. I TAXES BE INCREASED $200,000 ANNUALLY, OR BY SUCH LESSER AMOUNT AS MAY BE NECESSARY, BY THE IMPOSITION OF AN ADDITIONAL OPERATIONS AND MAINTENANCE MILL LEVY OF 3.300 MILLS, WHICH ADDITIONAL OPERATIONS AND MAINTENANCE MILL LEVY MAY BE ADJUSTED FROM TIME TO TIME TO REFLECT LEGISLATIVE CHANGES IN THE METHOD OF CALCULATING ASSESSED VALUATION OR ANY CONSTITUTIONALLY MANDATED TAX CREDIT, CUT OR ABATEMENT THAT OCCUR AFTER MAY 2, 2023, SUCH ADDITIONAL OPERATIONS AND MAINTENANCE MILL LEVY TO BE IMPOSED ONLY UNTIL SUCH TIME AS $200,000 HAS BEEN FUNDED FROM THIS TAX INCREASE TO REPLENISH THE AMENITIES AND INFRASTRUCTURE FUNDS OF THE BEEBE DRAW FARMS AUTHORITY USED FOR THE PAYMENT OF ALL OR ANY PART OF THE COSTS TO PROVIDE ALL SERVICES AND TO PROVIDE, PURCHASE, LEASE, CONSTRUCT, MAINTAIN AND OPERATE FACILITIES PERMITTED BY TITLE 29, ARTICLE 27 OF THE COLORADO REVISED STATUTES, DESCRIBED AS "ADVANCED SERVICES," "TELECOMMUNICATIONS SERVICES" AND "CABLE TELEVISION SERVICES," INCLUDING ANY NEW AND IMPROVED HIGH BANDWIDTH SERVICES BASED ON FUTURE TECHNOLOGIES, UTILIZING EXISTING OR NEW COMMUNITY OWNED INFRASTRUCTURE INCLUDING, BUT NOT LIMITED TO, FIBER OPTIC NETWORK, EITHER DIRECTLY OR INDIRECTLY WITH PUBLIC OR PRIVATE SECTOR PARTNERS TO POTENTIAL SUBSCRIBERS THAT MAY INCLUDE TELECOMMUNICATIONS SERVICE PROVIDERS, RESIDENTIAL OR COMMERCIAL USERS, PUBLIC AND NON-PROFIT ENTITIES, AND OTHER USERS, WITHIN THE DISTRICT'S SERVICE AREA; SUCH TAXES TO CONSIST OF AN AD VALOREM MILL LEVY IMPOSED ON ALL TAXABLE PROPERTY OF THE DISTRICT, AS MAY BE DETERMINED BY THE DISTRICT BOARD OF DIRECTORS, AND IN AMOUNTS SUFFICIENT TO PRODUCE THE ANNUAL INCREASE SET FORTH ABOVE OR SUCH LESSER AMOUNT AS MAY BE NECESSARY, TO BE USED FOR THE PURPOSE OF RAISING A TOTAL OF $200,000 AND SHALL THE $200,000 BE COLLECTED, RETAINED AND SPENT BY THE DISTRICT FOR THE PURPOSES DESCRIBED IN THIS QUESTION AS A VOTER -APPROVED REVENUE CHANGE, WITHOUT REGARD TO ANY SPENDING, REVENUE -RAISING, OR OTHER LIMITATION CONTAINED WITHIN ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION, OR ANY OTHER LAW WHICH PURPORTS TO LIMIT THE DISTRICT'S REVENUES OR EXPENDITURES AS IT CURRENTLY EXISTS OR AS IT MAY BE AMENDED IN THE FUTURE, AND WITHOUT LIMITING IN ANY YEAR THE AMOUNT OF OTHER REVENUES THAT MAY BE COLLECTED, RETAINED AND SPENT BY THE DISTRICT? BALLOT ISSUE 6C NUMBER OF VOTES CAST Numeric Spelled Out YES S'Z ,(a(pA -Pty NO f3 BALLOT QUESTION 601 (Broadband Authorization Question) SHALL BEEBE DRAW FARMS METROPOLITAN DISTRICT NO. I RESTORE LOCAL AUTHORITY AND BE AUTHORIZED TO PROVIDE ALL SERVICES AND TO PROVIDE, PURCHASE, LEASE, CONSTRUCT, MAINTAIN AND OPERATE FACILITIES PERMITTED BY TITLE 29, ARTICLE 27 OF THE COLORADO REVISED STATUTES, DESCRIBED AS "ADVANCED SERVICES," "TELECOMMUNICATIONS SERVICES" AND "CABLE TELEVISION SERVICES," INCLUDING ANY NEW AND IMPROVED HIGH BANDWIDTH SERVICES BASED ON FUTURE TECHNOLOGIES, UTILIZING EXISTING OR NEW COMMUNITY OWNED INFRASTRUCTURE INCLUDING, BUT NOT LIMITED TO, FIBER OPTIC NETWORK, EITHER DIRECTLY 3 DN 75704891 I OR INDIRECTLY WITH PUBLIC OR PRIVATE SECTOR PARTNERS TO POTENTIAL SUBSCRIBERS THAT MAY INCLUDE TELECOMMUNICATIONS SERVICE PROVIDERS, RESIDENTIAL OR COMMERCIAL USERS, PUBLIC AND NON-PROFIT ENTITIES, AND OTHER USERS, WITHIN THE DISTRICT'S SERVICE AREA? BALLOT QUESTION 601 NUMBER OF VOTES CAST Numeric Spelled Out YES BCA _ /O14/. - UptOki NO 10 4 DN 7570489,1 STATEMENT OF BALLOTS § 1-13.5-613, C.R.S It is hereby identified and specified that: (Numeric) (Spelled Out) TOTAL Number of Ballots Issued to Electors: 372 Three Hundred Seventy -Two UOCAVA: 3 Three Regular Mail Ballot: 369 Three Hundred Sixty -Nine Total Number of Ballots Returned, Cast a. Official Ballots 127 One Hundred Twenty -Seven b. UOCAVA Ballots 0 Zero c. Unofficial Ballots 0 Zero d. Substitute Ballots 4 Zero e. Total Voted Challenged Ballots 0 Zero Total Returned/Cast Mail Ballots: (lines a+b+c+d+e = total cast ballots) 127 One Hundred Twenty Seven Delivered to Voters, Not Cast a. Returned, Undeliverable 26 Twenty -Six b. Spoiled o Zero c. Rejected 0 Zero d. Defective o Zero e. Successfully Challenged Ballots 0 Zero f. Not Returned 245 Two Hundred Forty -Five Total Not Cast: (lines a+b+c+d+e+f = total delivered and not cast ballots) 271 Two Hundred Seventy -One Total Not Delivered to Voter, Not Cast, Unused: 31 Thirty -One Total Mail Ballots Printed: 403 Four Hundred Three Certified this 10th day of May, 2022. Election Judge OLAUJe Election Judge Election Judge 5 DN 7570489 1 Hello