HomeMy WebLinkAbout760313.tiff FINDINGS AND RESOLUTION
CONCERNING LIQUOR LICENSE APPLICATION OF
ELMER MOORE AND CLARA MOORE
D/B/A VALLEY HAYLOFT
The application of Elmer Moore and Clara Moore, Denver, Colorado,
d/b/a VALLEY HAYLOFT, for a beer, wine and spirituous liquor license,
came on for hearing July 26, 1976, at 2:00 p. m. , and the Board of County
Commissioners of the County of Weld, having heard the testimony and
evidence adduced upon said hearing, and having considered the testimony,
evidence, petitions and remonstrances filed with said Board, and having
carefully weighed the same, now makes the following findings:
1. The evidence discloses that the applicant failed to sustain the
burden of proof as to the reasonable requirements of the neighborhood.
2. The evidence shows that there are presently two other outlets
in the area described as the neighborhood, where food and liquor are sold
for consumption on the premises.
3. The evidence does not show that there has been any substantial
increase or change in population in the neighborhood since the last license
was issued.
4. The evidence shows that most of the expectant patronage of the
business would be residents of other areas, motorists, and other passers-by,
and that there is evidence that prospective patrons now have the opportunity
to patronize two similar establishments in the area described as the neighbor-
hood, where food and liquor is sold for consumption on the premises.
5. There is evidence that need may be based upon the desire for
more competition in the area rather than inadequate availability.
6. That each of the preceding findings in and of themselves and
independent of each other constitutes a separate and individual ground for
denial of the license.
t
Roo,?o,'' 1 r
RESOLUTION
WHEREAS, the Board of County Commissioners of the County of Weld
has heard the application of Elmer Moore and Clara Moore, Denver, Colorado,
d/b/a Valley Hayloft, 3101 Highway 119, Longmont, Colorado, and definitely
located on a parcel of land more particularly described as follows:
A tract of land located in the Southwest Quarter of the Southwest
Quarter of Section 3, Township 2 North, Range 68 West of the
6th P. M. , Weld County, Colorado described as follows:
Beginning at the Southwest Corner of said Section 3;
Thence North 00°42' East along the west line of the said
Section 3, a distance of 524. 85 feet;
Thence South 89°38' East a distance of 435. 0 feet to the
True Point of Beginning;
Thence continuing South 89°38' East a distance of 435. 0 feet;
Thence South 00°42' West parallel to the west line of the
said Section 3 a distance of 406. 25 feet to a point on the
northerly right-of-way line of State Highway No. 119;
Thence North 89°38' West along the said northerly right-
of-way line a distance of 435. 0 feet;
Thence North 00°42' East parallel to the said west line of
Section 3, a distance of 406. 25 feet more or less to the
True Point of Beginning, and
WHEREAS, the said Board has made its findings upon the evidence,
testimony, and petitions submitted to it, which findings precede this Resolution
and by reference are incorporated herein and made a part hereof, and
WHEREAS, the said Board has carefully considered the application,
evidence, testimony, and petitions and given the same such weight as it in
its discretion deemed proper, and is now fully advised in the premises;
NOW, THEREFORE, BE IT RESOLVED, that the application of
Elmer Moore and Clara Moore, d/b/a Valley Hayloft, 3101 Highway 119,
Longmont, Colorado, for a license to sell beer, wine and spirituous liquors
by the drink only on the premises indicated above, be, and it hereby is denied
upon each of the grounds set forth in the Board's findings therein.
Made and entered this 4th day of r5tA.D. , 1976.
--•,* BOARD OF COUNTY COMMISSIONERS
ATTEST: I T WELD COUNTY, COLORADO
Weld County Clerk and Recorder 24(e: #41,/7 .c.
and Clerk to the Boar
C
Deputy Co lerk � i.
FiG,JED AS TE( RM: KZ1'rrA (a 1 L6
Special Legal Counsel
DC-I
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E" i.yli (lira Mitstg PROFIT
DEPARTMENT OF " CERTIFICATE OF'
STATE 1/! �' ;‘,..41;
b INCORPORATION
. y
j MARY ESTILL BUCHANAN,
Yeccxeta7 ryfJCate o/tde Mate o/f eoloxado, /rere4 ceyr^tiy flint
ur6ccandto de frrovisionti ?'tire To/crack,i r ioratian del;
dictates 1
Jncor/ioration were deArered to tlr.is o/ce,/rand to eon/Clem to law, and
/led in d is ollice,
decordinry4y de undersigned, 1y virtue Vag audio/Pity crested in
me 4 law lereey issues tki 7/exttcate o,'r lncogwxation o�'
---- ----VALLEY HAYLOFT, INC.----------------
(A COLORADO CORPORATION)
gated din--Twenty-second day 12----February t '9 77
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S RETARY OF STATEp� l iii(i, ,T- %`t u` f Yj .
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ARTICLES OF INCORPORATION
2? FEB '77
OF
VALLEY HAYLOFT, INC. . . L&RAGO
DEFT. OF STATE
We, the undersigned Incorporators , natural persons of the
age of twenty-one (21) years or more, for the purpose of forming
a corporation under the Laws of the State of Colorado, adopt the
following Articles of Incorporation for such corporation.
ARTICLE I.
Name: The name of the Corporation is VALLEY HAYLOFT, INC.
ARTICLE II.
Duration: The duration of the Corporation shall be
perpetual.
ARTICLE III.
Purpose : The purpose for which the Corporation is organ-
ized is to engage in the dispensing of alcoholic beverages and
food, operating as a bar and a restaurant, and generally to pur-
chase or otherwise acquire restaurants and taverns, and to own,
hold, lease, rent , or sell such business or businesses .
ARTICLE IV.
Capitalization: The aggrevate number of shares of stock
that the Corporation shall have authority to issue is 50, 000
shares of common stock having a par value of $1. 00 per share.
ARTICLE V.
Registered Office and Registered Agent: The address of
the Corporation' s initial registered office in the State of
Colorado is 3101 Highway 119, City of Longmont , County of Weld,
State of Colorado 80501. The name of the Corporation' s initial
registered agent at such address is Elmer Moore.
ARTICLE VI.
Directors : The number of Directors constituting the
initial Board of Directors of the Corporation is four (4) .
The names and addresses of the persons who are to serve
as Directors until the first Annual Meeting of Shareholders or
until their successors are elected and qualified are :
Name Address
Elmer Moore 3101 Highway 119
Longmont, Colorado 80501
Clara Moore 3101 Highway 119
Longmont, Colorado 80501
James E. Moore 8000 Florado
Denver, Colorado 80221
Gerald W, Moore 421 E. 82nd Avenue
Denver, Colorado 80229
Cumulative voting is not desired in the election of
Directors.
ARTICLE VII .
Other Provisions : The Stockholders shall be permitted to
amend the By-Laws .
IN WITNESS WHEREOF, we have executed these Articles of
Incorporation in duplicate on the //' day of f� , 1977 .
Name of Incorporator Address
Elmer Moore 3101 Highway 119
Longmont, Colorado 80501
Clara Moore 3101 Highway 119 .
Longmont, Colorado 80501
James E. Moore 8000 Florado
Denver, Colorado 80221
Gerald W. Moore 421 E. 82nd Avenue
Denver, Colorado 80229
ELMER MOORE
/� ti ��
CLARA MOORE
E. MOORE
e) 2' /
GERALD W. MOORE (, �
STATE OF COLORADO)
) ss .
COUNTY OF WELD )
The foregoing Articles of Incorpor
ation were executed and
acknowledged before me on the /5! day o �JL4 z/a 4< , 1977 by ELMER
MOORE, CLARA MOORE, JAMES E. MOORE, and GERALD W. 000RE .
Witness my hand and Official Seal.
My commission expires : yj_ '` /QM
CM—Da- 76/---(-7) ee5-6 7/L ?
Notary Public
MINUTES OF THE ORGANIZATIONAL MEETING OF THE BOARD OF DIRECTORS
OF
VALLEY HAYLOFT, INC .
March 17 , 1977
The Organizational Meeting of the Board of Directors of
Valley Hayloft , Inc. was held at the principal office of the
corporation located at 3101 Highway 119, Longmont , Colorado on
Thursday, March 17 , 1977 , commencing at the hour of 6 : 30 o ' clock
P.M. Present were Clara Moore, Elmer Moore, James E. Moore , and
Gerald W. Moore , being the four (4) incorporators and original
Directors of the corporation named in the Articles of Incorporation.
In addition, Arthur P. Roy, Attorney at Law, was also present .
The four Directors present waived any notice of the meeting and
consented to the proceedings .
The meeting was called to order at 6 : 30 o 'clock P .M. by
Elmer Moore acting as temporary Chairman. Upon motion duly made ,
seconded and unanimously adopted, it was :
RESOLVED, that Elmer Moore act as Chairman
of the meeting and that Clara Moore act as
Secretary of the meeting.
The Chairman instructed the Secretary to present a written
copy of the Minutes of this meeting to all Directors and incorpo-
rators even though present and to obtain their written approval
of the action taken at this meeting, such approval to constitute
a waiver of any notices relating to the Organizational Meeting
required either in the Articles of Incorporation, By-Laws of the
Corporation, or applicable Statutes.
Arthur P . Roy announced that the Articles of Incorporation
which he prepared at the request of the incorporators had been
filed and accepted by the Secretary of State of the State of
Colorado and that the required filing fee, Old Age Pension and
prorated Domestic Franchise Tax had been paid. The original
Certificate of Incorporation is to be permanently affixed to the
Minute Book of the Corporation.
Arthur P. Roy advised that it would be necessary for the
Board of Directors to elect the Officers of the corporation.
Thereafter, upon motion duly made , seconded and unanimously adopted
the following persons were elected to the offices of the corpor-
ation to serve until the first Annual Meeting of the Board of
Directors or until their successors are duly elected and qualified:
Elmer Moore President
James E. Moore First Vice President
Gerald W. Moore Second Vice President
Clara Moore Secretary
Clara Moore Treasurer
Arthur P. Roy recommended that the corporation adopt a
Seal to be circular in nature to contain the name of the corpo-
ration and around the outer perimeter thereof Corporate Seal ,
the year of Incorporation, 1977 , and the word "Colorado" in the
center thereof. It was , therefore,
RESOLVED, that the Seal of this Corporation
shall be circular in form, shall contain the
name of this corporation around the outer
perimeter thereof and the words "Corporate
Seal" and the year of Incorporation, 1977 ,
and the word "Colorado" in the center thereof.
RESOLVED FURTHER, that the impression of said
Seal be made in the margin of the Minutes of
this meeting opposite this Resolution.
Arthur P. Roy then presented a proposed set of By-Laws
for the corporation which he had prepared at the request of the
incorporators . The proposed By-Laws of the corporation were
reviewed Article by Article by the Board of Directors . Thereafter ,
upon motion duly made , seconded and unanimously adopted, it was ,
RESOLVED, that the Board of Directors adopt
the By-Laws of the corporation as proposed
and that the original By-Laws by affixed to
the permanent records of the corporation.
After discussion, it was determined that the corporation
should conduct its banking operations at the Longmont National
Bank, Longmont, Colorado. Arthur P . Roy presented to the Board
of Directors a proposed banking resolution which was circulated
among the Directors , and upon motion duly made , seconded and
unanimously adopted, it was ,
RESOLVED, that the banking resolution on the
form proposed by Mr. Arthur P. Roy, and as
presented at this meeting, be adopted, ratified
and confirmed by the corporation in all respects .
-2-
RESOLVED FURTHER, that a true copy of said
resolution be attached to the Minutes of
this meeting and incorporated herein by
reference.
Arthur P. Roy then discussed with the Directors a proposed
plan to offer shares of common stock of the corporation for sale
so that any loss sustained by a Stockholder on the sale or exchange
of stock of the corporation may qualify for ordinary loss deduc-
tion on the Stockholders individual income tax return in accord-
ance with the provisions of Section 1244 of .the Internal Revenue Code of
1954. Following discussion concerning the advisability of issu-
ing the corporation stock in accordance with Section 1244 of the
Internal Revenue Code of 1954, as amended, upon motion duly made ,
seconded and unanimously adopted, the following Resolution and
Preamble was adopted:
WHEREAS , it is deemed advisable in the best
interests of the corporation and its Stock-
holders that the Board of Directors approve
and adopt a proposed plan to offer shares of
common stock for sale so that in the hands
of qualified Stockholders said shares of
stock will receive the benefits of Section
1244 of the Internal Revenue Code of 1954 ,
as amended; and
WHEREAS , the corporation is a "small business
corporation" as defined by Section 1244 (C) (2)
and there is not now outstanding any prior
offering of the corporation to sell and issue
any of its stocks ;
NOW THEREFORE, BE IT RESOLVED, that the Board
of Directors hereby approves and adopts the
proposed plan to offer shares of common stock
for sale in the form of the plan presented to
this meeting and the Board of Directors directs
the Secretary of this meeting to annex a copy
of this plan to the Minutes and to make them a
part hereof; and,
IT IS FURTHER RESOLVED, that the proper Officers
of the corporation are authorized and directed
to sell and issue shares of common stock in the
total amount of not in excess of FIVE HUNDRED
THOUSAND DOLLARS ($500 ,000. 00) in such a manner
that they qualify under the plan hereinabove
adopted ; and that this plan and offering shall
not exceed two years in length.
A discussion then took place at to the possibilities of
the corporation and Stockholders making an election to be treated
as a small business corporation, taxable under Sub-chapter S of
-3-
the Internal Revenue Code of 1954. After full discussion, upon
motion duly made, seconded and unanimously adopted, it was :
RESOLVED, that the President of the corporation
execute a Form 2553 and file same with the United
States Treasury Department Internal Revenue Ser-
vice within a period of thirty (30) days of the
date of this meeting.
RESOLVED FURTHER, that all the Stockholders
sign the Shareholder' s Statement of Consent on
said Form 2553 .
A discussion then took place concerning the fiscal year
of the corporation, upon motion duly made, seconded and unanimously
adopted, it was
RESOLVED, that the fiscal year of the
corporation shall extend from February 1
until January 31 of each calendar year.
Mr. Elmer Moore reported to the Board of Directors that
he had caused to have filed with the Commissioners of the County
of Weld, State of Colorado an application for a tavern license
in the name of Valley Hayloft , Inc. which application, together
with appropriate fees was filed with the Clerk of the County
Commissioners on or about March 15 , 1977 . There followed some
discussion among the Board members concerning this application
and the procedures for pursuing it and upon motion duly made ,
seconded, the Board of Directors unanimously adopted the follow-
ing Resolution:
RESOLVED, that the actions of Elmer Moore ,
as President of the corporation in applying
to the Board of Commissioners of the Couty
of Weld, State of Colorado for tavern license
in the name of the Corporation, and the expen-
diture of corporate funds for that purpose is
hereby ratified and approved.
Mr. Arthur P. Roy presented to the Board of Directors
a proposed lease between the corporation and Mr. and Mrs . Elmer
Moore for the business premises located at 3101 Highway 119 ,
Longmont, Colorado with rental in the amount of 750. 00 per month
and requiring the corporation to provide all utilities except
water at corporation expense. The terms of the lease were gen-
erally discussed by the members of the Board and upon motion duly
made and seconded the Board of Directors unanimously adopted the
following Resolution:
-4-
RESOLVED, that the corporation enter into
a Lease Agreement with Elmer and Clara
Moore leasing the business premises located
at 3101 Highway 119 , Longmont , Colorado for
a period of one (1) year from the date thereof,
and under the terms expressed therein , a copy
of such lease to be annexed to these Minutes
and made a part hereof.
The matter of obtaining on behalf of the corporation a
Corporate Book for the maintenance of the corporate records ,
together with a seal for the corporation was brought up and dis-
cussed. Upon motion duly made and seconded, the Board of Direc-
tors unanimously adopted the following Resolution :
RESOLVED, that Arthur P. Roy be directed to
obtain a Corporate Book and Seal for the
maintenance of corporate records , minutes ,
and stock transfers .
The matter of issuing shares of stock in the corporation
was raised and discussed. Mr. Arthur P. Roy advised the Board
that the corporation, pursuant to its Articles of Incorporation
was authorized to issue fifty thousand (50 ,000) shares of common
stock having a par value of $1. 00 per share. It was reported to
the Board that Elmer and Clara Moore had jointly deposited in
the corporate account or spent for corporate purposes the sum of
$11, 000. 00 for the purpose of commencing the corporate business .
Upon motion duly made, seconded and unanimously adopted, it was
RESOLVED, that the corporation issue eleven
thousand (11 ,000) shares of corporate stock
in the corporation with a par value of $1 . 00
per share be issued to Elmer and Clara Moore
as follows :
Elmer Moore 5 ,500 shares
Clara Moore 5 ,500 shares
There being no further business to come before the meeting , upon
motion duly made and seconded and passed the meeting was
adjourned.
o
Elmer Moore - President mes Moore
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Clara Moore - Secretary - Treasurer erald l. Moore
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DEPARTMENT OF �•1/4 _" CERTIFICATE OF
STATE 'U � le INCORPORATION
J MARY ESTILL BUCHANAN,
o�relaxy, of9ate of tie 5ra/,e of(Colorado, /exe4 cexle/j. 14-u(
/tunuant&o de ',Four: o/It9 of de 7eat'orado (62/,ara/con. Jc( Sir/fold of
fnco1/toxa/colt arci'e do✓f?exed to 11 i1 t'#tce,/aund to con/oxen to r' w, and
/clod en /Aed a/f�r,
-'1c•coxdenyt'y tie trn derl7ned, 0 vtxlue o if de au/Lardy -veiled to
me 0 /ate, >reret! tiiuei /ltca reietOcate o�, icox/iaxalton of
O __
(A COLORADO CORPORATION)
-Twent -second--- f 01----February _ `c/Q /9 77 J O
waled llc.� _ �-- dree , -.
vest: :Y )---.. -�� �, ' " p p
pl I)1 s!1'° f f10,,, j`,\ a SECRETARY OF STATE Er, ) - 1 f QRu lire M1 i.;,.Irl Ii o`-'_
', r , y ,' fit O remit "YittISSNNERS
hl
7 6
__.MAR 2 2 1977
GR TaC CO, O.
ARTICLES OF INCORPORATION
OF
VALLEY HAYLOFT, INC .
We, the undersigned Incorporators , natural persons of the
ae of twenty-one (21) years or more , for the purpose of forming
corporation under the Laws of the State of Colorado , adopt the
fallowing Articles of Incorporation for such corporation.
ARTICLE I .
Name : The name of the Corporation is VALLEY HAYLOFZ INC .
ARTICLE II.
Duration: The duration of the Corporation shall be
F cpetual.
ARTICLE III.
Purpose : The purpose for which the Corporation is organ-
ized is to engage in the dispensing of alcoholic beverages and
food, operating as a bar and a restaurant, and generally to pur-
chase or otherwise acquire restaurants and taverns, and to own,
hold, lease, rent , or sell such business or businesses .
ARTICLE IV.
Capitalization: The aggrevate number of shares of stock
that the Corporation shall have authority to issue is 50 , 000
shares of common stock having a par value of $1 . 00 per share.
ARTICLE V.
Registered Office and Registered Agent : The address of
the Corporation' s initial registered office in the State of
Colorado is 3101 Highway 119, City of Longmont , County of Weld,
State of Colorado 80501. The name of the Corporation' s initial
registered agent at such address is Elmer Moore.
ARTICLE VI.
Directors : The number of Directors constituting the
initial Board of Directors of the Corporation is four (4) .
The names and addresses of the persons who are to serve
as Directors until the first Annual Meeting of Shareholders or
until their successors are elected and qualified are ;
Name Address
Elmer Moore 3101 Highway 119
Longmont, Colorado 80501
Clara Moore 3101 Highway 119
Longmont , Colorado 80501
James E. Moore 8000 Florado
Denver, Colorado 80221
Gerald W. Moore 421 E. 82nd Avenue
Denver, Colorado 80229
Cumulative voting is not desired in the election of
Directors.
ARTICLE VII .
Other Provisions : The Stockholders shall be permitted to
amend the By-Laws .
IN WITNESS WHEREOF, we have executed these Articles of
Incorporation in duplicate on the /A/ day of f�` , 1977 .
Name of Incorporator Address
Elmer Moore 3101 Highway 119
Longmont , Colorado 80501
Clara Moore 3101 Highway 119
Longmont , Colorado 80501
James E. Moore 8000 Florado
Denver, Colorado 80221
Gerald W. Moore 421 E. 82nd Avenue
Denver, Colorado 80229
ELMER MOORE
CLARA MOORE
7
. ;., e C . A-cc-
JAMES E. MOORE
GERALD W. MOORE
STATE OF COLORADO)
) ss .
COUNTY OF WELD )
The foregoing Articles of Incorpora ion were executed and
acknowledged before me on the /1"1- day of -2itaA0, 1977 by ELMER
MOORE, CLARA MOORE, JAMES E. MOORE , and GERALD W. 4OORE .
Witness my hand and Official Seal.
My couuuiss:Lon expires : LrLC 4-1
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Notary Public
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