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HomeMy WebLinkAbout20210290.tiffCourt -I-11 BIND, O'1'i`ENHOFF & ROOT Attorneys at Law 355 Eastman Park Dr., Ste. 200 • Windsor, CO 80550 Telephone: (970) 674-9888 • Fax: (970) 674-9535 Email: chrys@lorlegal.com January 15, 2021 Weld County Clerk and Recorder P.O. Box 459 Greeley, CO 80632 RECEIVED JAN 2 5 2021 WELD TY lAMISSIION S Kenneth F. Lind George H. Ottenhoff John D. Root Chrysten S. Hinze David S. Anderson Re: Storms Lake Drainage District — Statement of Election Results for 2019 Board of Directors Ladies and Gentlemen: This letter is to provide statutorily required notice of the January 5, 2021 regular election results for the Storms Lake Drainage District of Weld County, Colorado. I have enclosed for your records copies of the following: 1. Statement of the 2021 regularly scheduled Director Election Results required by C.R.S. § 37-21-123, set forth in the attached Notice of Cancellation and Certified Statement of Results, pursuant to C.R.S § 1-13.5-513(6). 2. Oath of Office documentation for Mark Firestein, W. Lee Detterer and Kenneth Podtburg as required by C.R.S. §37-21-106. 3. Public Official Bonds for Mark Firestein, W. Lee Detter and Kenneth Podtburg as required by C.R.S. §37-21-106. Please be advised that the original Oaths of Office and Public Official Bonds have been sent under separate cover for recording with your office. Should you have any questions, please do not hesitate to contact me. Very truly yours, , OTTENHOFF & ROOT, LLP Chrysten S. Hinze Encl. CC: Weld County Clerk to the Board via weld-districtsameldgov.com Co M.Ivk V n ; Co.i-14 ✓1 S O.1/O/21 2021-0290 SDOO&I NOTICE OF CANCELLATION And CERTIFIED STATEMENT OF RESULTS RECEIVED JAN 2 5 2021 )O MM SSIONERS §1-13.5-513(6), 32-1-104,1-11-103(3) C.R.S. NOTICE IS HEREBY GIVEN by the STORMS LAKE DRAINAGE DISTRICT, Weld County, Colorado, that at the close of business on the sixty-third day before the election and to date, there were and are not more candidates for director than offices to be filled, including candidates filing affidavits of intent to be write-in candidates; therefore, the election to be held on January 5, 2021 is hereby canceled pursuant to section 1-13.5-513(6) C.R.S. The following candidates are hereby declared elected: Kenneth Podtburo (name) Mark Firestien (name) W. Lee Detterer (name) Signed: Kenneth Podtburg, Direc MarlCFirestien, Director W. Lee Detterer, President Contact Person for the District: Telephone Number of the District: Address of the District: District Facsimile Number: District Email: 2 (2 or 4 year term) 2 (2 or 4 year term) 2 (2 or 4 year term) 12-9-20 (date) 12/9/20 (date) 12/9/20 (date) W. Lee Detterer (970) 302-4447 11731 County Road 66. 80631 none none until January 2023 until January 2023 until January 2023 5b00 to � 4538099 Pages: 1 of 2 11/04/2019 03:51 PM R Faa:S18.00 Carly Koppers, Clark and Recorder, Weld County, CO 14/4101,44 PUBLIC OFFICIAL BOND (Definite Term) Bond No. 107031883 RECEIVED JAN 2 5 2021 VVELD COUNTY '',OMMIS�SIONERS Travelers Casualty and Surety Company o America KNOW ALL MEN BY THESE PRESENTS, That we MARK FIRESTEIN of 12600 Weld County Road 66,GREELEY, CO 80634 as Principal, and Travelers Casualty and Surety Company of America, a corporation duly incorporated under the laws of the State of Connecticut, as Surety, are held and firmly bound unto The STorm Lake Drainage District as Obligee, in the penal sum of Two Thousand ( 52,000.00 ) Dollars, lawful money of the United States of America, for the payment of which well and truly to be made, said Principal binds himself/herself, his/her heirs, executors, administrators and assigns, and said Surety binds itself, its successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal has been Elected for a definite term beginning January 1, 2020 , and ending January 1, 2022 , and is required to furnish a bond for the faithful performance of the duties of the said office or position. to the office of Director NOW, THEREFORE THE CONDITION OF THIS OBLIGATION is such that if the above bounden Principal shall (except as hereinafter provided) faithfully perform the duties of his/her said office or position during the said term, and shall pay over to the persons authorized by law to receive the same all moneys that may come into his/her hands during the said term without fraud or delay, and at the expiration of said term, or in case of his/her resignation or removal from office, shall turn over to his/her successor all records and property which have come into his/her hands, then this obligation to be null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that the above named Surety shall not be liable hereunder for any loss of any public fund resulting from the insolvency of any bank or banks in which said funds are deposited; and, if this provision shall be held void, this entire bond shall be void. AND PROVIDED FURTHER, that the Surety may cancel bond at any time during the said term by giving to the obligee a written notice of its desire so to cancel and at the expiration of thirty (30) days from the receipt of such notice by the obligee the surety shall be completely released as to all liability thereafter accruing. If this provision shall be held void, this entire bond shall be void. SEALED and dated this October 15, 2019 . S-2232 (06-08) MARK FIRESTEIN Witness By: Principal velers Casua rety Company of America By: J Dulce R. ns Atforney In Fact c,r,o Cc � �D9?)C�l TRAVELERS Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS. That Travelers Casualty and Surety Company of America. Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make. constitute and appoint Dulce R. Huggins, of Greeley, Colorado, their true and lawful Attomey-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017. State of Connecticut City of Hartford ss. 4638099 Pages: 2 of 2 11/04/2019 03:51 PM R Fee:$18.00 Carly Kopp's, Clerk and Recorder, Weld County, CO glI10:1411i ���M� III By: — J/ Robert L. Raney, Sehfor Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2021 VY\e‘JVLt,. Mane C. Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeysdn-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attomey or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attomey or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attomey executed said Compares, which remains in full force and effect Dated this I day of Kevin E. Hughes, Assistant Secretary To verify the authent5idty of this Power of Attorney, please call us at 1-800-421-3880. Please refer to the above -named Attorney -in -Fact and the details of the bond to which the power is attached. TRAVELERS J CONTINUATION CERTIFICATE FIDELITY OR SURETY BONDS/POLICIES Travelers Casualty and Surety Company of America Hartford, CT 06183 License No. N/A In consideration of $175.00 dollars renewal premium, the term of Bond/Policy No.105211545 in the amount of $2,000.00 , issued on behalf of W. Lee Detterer whose address is 31815 WCR 23 3/4,GREELEY, CO 80631 in favor of The Storm Lake Drainage District whose address is 31815 WCR 23 314 in connection with Public Official Bond is hereby extended to January 10, 2023 subject to all covenants and conditions of said bond/policy. , This certificate is designed to extend only the term of the bond/policy. It does not increase the amount which may be payable thereunder. The aggregate liability of the Company under the said bond/policy together with this certificate shall be exactly the same as, and no greater than it would have been, if the said bond/policy had originally been written to expire on the date to which it is now being extended. Signed, sealed and dated December 28, 2020 elers Casual1dSurety Company of America R. Huggins Attorney -in -Fact F -58-M (06-08) TRAVELERS J PUBLIC OFFICIAL BOND - FOR DEFINITE TERM Travelers Casualty and Surety Company of America Hartford, CT 06183 BOND NO. 105549086 KNOW ALL MEN BY THESE PRESENTS, That We KENNETH LEE PODTBURG Of 12677 WCR 66 GREELEY, CO 80631 , as Principal, and Travelers Casualty and Surety Company of America , a corporation of CT , as Surety are held and firmly bound unto THE STORMS LAKE DRAINAGE DISTRICT in the penal sum Of Two Thousand ( $2,000.00 ) Dollars, lawful money of the United States of America, for the payment of which well and truly to be made, said principal binds himself/herself, his/her heirs, executors, administrators and assigns, and said Surety binds itself, its successors and assigns, jointly and severally, firmly by these presents. SEALED and dated this 12 day of October 2020 . WHEREAS, the said principal has been ❑ elected or ❑ appointed to the office of: Director for a definite term beginning January 10, 2021 and ending January 10, 2023 and is required to furnish a bond for the faithful performance of the duties of the said office or position. NOW, THEREFORE THE CONDITION OF THIS OBLIGATION is such that if the above bounden Principal shall (except as hereinafter provided) faithfully perform the duties of his/her said office or position during the said term, and shall pay over to the persons authorized by law to receive the same all moneys that may come into his/her hands during the said term without fraud or delay, and at the expiration of said term, or in case of his/her resignation or removal from office, shall turn over to his/her successor all records and property which have come into his/her hands, then this obligation to be null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that the above named Surety shall not be liable hereunder for any loss of any public fund resulting from the insolvency of any bank or banks in which said funds are deposited; and, if this provision shall be held void, this entire bond shall be void. AND PROVIDED FURTHER, that the Surety may cancel bond at any time during the said term by giving to the obligee a written notice of its desire so to cancel and at the expiration of thirty (30) days from the receipt of such notice by the obligee the surety shall be completely released as to all liability thereafter accruing. If this provision shall be held void, this entire bond shall be void. WITNESS: S-2232-1 (4/17) KENNETH LEE PODTBURG Travelers Casualty and Surety Company of America Russell E. Vance (Seal) (Principal) Attorney -in -Fact Producer Name (Required in Arizona Only) TRAVELERS ) POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company Surety Bond No. 105549 O86 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Principal: KENNETH LEE PODTBURG 12677 WCR 66 GREELEY, CO 80631 Obligee: THE STORMS LAKE DRAINAGE DISTRICT 31815 WCR 23 3/4 GREELEY, CO 80632 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. Is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Russell E. Vance, of the City of Hartford, State of CT, their true and lawful Attomey(s)-in-Fact, to sign, execute, seal and acknowledge the surety bond referenced above. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 7th day of July, 2016. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company State of Connecticut City of Hartord ss. St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company By: Hobert L. Raney, Senior Vice President Can this the 7th day of July, 2016, before me personally appeared Robert L Raney, who admowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company. Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2021. a. Mane C. Tetreault, Notary Public OATH OF OFFICE STATE OF COLORADO WELD COUNTY STORMS LAKE DRAINAGE DISTRICT RECEIVED JAN 15 2011 MELD COUNTY -ymmISSIONERS I, Mark Firestien, will faithfully support the Constitution of the United States and of the State of Colorado, and the laws made pursuant thereto, and will faithfully perform the duties of the office of Director of Storms Lake Drainage District upon which I am about to enter. STATE OF COLORADO ) ss. COUNTY OF WELD Signature Subscribed and sworn before me this ratit day of January, 2021 by Mark Firestien. la 13o/ao,4 Notary Commission Expiration LtsQtt/rt.. �L oledeb,mt Notary Signature SUSAN C MCCOLLUM NOTARY PUSUC STATE OF COLORADO NOTARY ID 20044046377 MY COMMISSION EXPIRES 12/30/2024 s-aaLel OATH OF OFFICE STATE OF COLORADO WELD COUNTY STORMS LAKE DRAINAGE DISTRICT I, Kenneth Podtburg, will faithfully support the Constitution of the United States and of the State of Colorado, and the laws made pursuant thereto, and will faithfully perform the duties of the office of Director of Storms Lake Drainage District upon which I am about to enter. G� l' Signature STATE OF COLORADO ) ss. COUNTY OF WELD Subscribed and sworn before me this /GO iai 30 iao al/ Notary Commission Expiration day of January, 2021 by Kenneth Podtburg. r; ."-d;O156/X-- Notary Signature SUSAN C MCCOLLUM NOTARY LIC STATE OOF Os � ORADO NOTARY ID 2uu44048377 MY COMMISSION EXPIRES i2/30/2024 OATH OF OFFICE STATE OF COLORADO WELD COUNTY STORMS LAKE DRAINAGE DISTRICT I, W. Lee Detterer, will faithfully support the Constitution of the United States and of the State of Colorado, and the laws made pursuant thereto, and will faithfully perform the duties of the office of Director of Storms Lake Drainage District upon which I am about to enter. Signature STATE OF COLORADO ) ss. COUNTY OF WELD Subscribed and sworn before me this / 47 day of January, 2021 by W. Lee Detterer. /al 3olaoa41 Notary Commission Expiration Notary Signature SUSAN C MCCOLLUM NOTARY PUBLIC STATE OF COLORADO NOTARY ID 29044048377 W COMMISSION EXP1RES 12/3G12C24 Hello