HomeMy WebLinkAbout20162927.tiffDISTRICT COURT, WELD COUNTY, COLORADO
Court Address:
915 10th Street, Greeley, CO, 80632
DATE FILED: November 7, 2016 4:31 PM
CASE NUMBER: 2013CV31070
A COURT USE ONLY O
In the Matter of: EATON AREA PARK AND RECREATION DISTRICT
Case Number: 2013CV31070
Division: 4 Courtroom:
Order to Amend
The Motion to Amend is GRANTED and amended resolution #2016-2927, attached to this Order, is adopted by the Court
insofar as it relates to the Frenches' property.
SO ORDERED.
Issue Date: 11/7/2016
TODD L TAYLOR
District Court Judge
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Carly Koppes, Clerk and Recorder, Weld County, CO
ii111.714411111
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Page 1 of 1
CORRECTED RESOLUTION
(Corrected to add Darrell and Kathy French's property, parcels 070923000004 and
070923000003, to the list of excluded properties because they were inadvertently omitted
through a clerical error.)
RE: APPROVE SERVICE PLAN, MET13-0002, FOR PROPOSED EATON AREA PARK
AND RECREATION DISTRICT
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant
to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, pursuant to Section 32-1-204, C.R.S., a Service Plan concerning the
proposed Eaton Area Park and Recreation District, was filed with the Weld County Board of
County Commissioners, and
WHEREAS, on July 24, 2013, by Resolution #2013-1905, the Board of County
Commissioners scheduled a public hearing on the Service Plan to be held at 9:00 a.m. on
October 14, 2013, and
WHEREAS, notice of the date, time, location, and purpose of said hearing was duly
published in The Greeley Tribune, the county legal newspaper, on October 2, 2013; notice was
provided to the Division of Local Affairs of the name and type of the proposed district; and notice
of the date, time and location of said hearing was provided to the Petitioners, to the governing
body of each municipality and of each special district which had levied an ad valorem tax within
the next preceding tax year and which had boundaries within a radius of three (3) miles of the
proposed district, and to said Division, as required by Sections 32-1-202(1) and 32-1-204(1),
C.R.S., and
WHEREAS, the Weld County Planning Commission considered the Service Plan at its
meeting on September 17, 2013, and presented its unfavorable recommendation to the Board
of County Commissioners at its hearing on this matter, as required by Section 32-1-204(2),
C.R.S., and
WHEREAS, the Board did, on October 14, 2013, conduct a full public hearing on this
matter, taking evidence establishing the jurisdiction of the Board to hear this matter and further
taking evidence regarding the substantive issues set forth in Section 32-1-203, C.R.S., at which
hearing all interested parties were afforded an opportunity to be heard, and
WHEREAS, the Board fully considered the Service Plan and all testimony and other
evidence presented to it in this matter relating to said Service Plan, including the unfavorable
recommendation of the Weld County Planning Commission, and
WHEREAS, the Board, after consideration of all testimony and other evidence
presented to the Board in this matter, finds that the Service Plan meets the criteria contained
within Section 32-1-203, C.R.S., and
WHEREAS, written requests for exclusion were submitted to the Board from various
property owners within the boundaries of the proposed District and such requests along with
testimony and other evidence were fully considered by the Board pursuant to Section 32-1-
203(3.5)(a), C.R.S., and 4252505 Pages: 2 of 16
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2016-2927
SD0139
APPROVE SERVICE PLAN - EATON AREA PARK AND RECREATION DISTRICT
(MET13-0002)
PAGE 2
WHEREAS, all written requests for exclusion submitted to the Board from property
owners or owners within the boundaries of the proposed District were considered and granted,
and
WHEREAS, on October 14, 2013, by Resolution #2013-2866, the request for exclusion
submitted by Darrell and Kathy French was inadvertently omitted and is hereby corrected to
reflect the exclusion of the French property.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that:
Section 1. Pursuant to Section 32-1-203(3.5)(a), C.R.S., the Board hereby
determines that the Petitioner has failed to meet its burden of proving that
the exclusion of properties for which exclusion requests were filed is not
in the best interests of the proposed District. Therefore, the properties
listed by parcel number in Attachment A to this Resolution, attached
hereto and incorporated herein, inclusive of mineral interests, are hereby
excluded from the Eaton Area Park and Recreation District.
Section 2. The Board hereby determines that all of the jurisdictional and other
requirements of Sections 32-1-202 and 32-1-204, C.R.S., have been
fulfilled, including those relating to the filing and form of the Service Plan,
the form and publication of the public hearing of the hearing on the
Service Plan, and the type of public hearing held herein, and that,
pursuant to Section 32-1-204(1) the petitioners did give proper and timely
notification of the hearing to the governing body of any existing
municipality or special district which levied an ad valorem property tax in
2012, and which has boundaries within a radius of three miles from the
boundaries of the proposed District.
Section 3.
The Weld County Planning Commission has considered this matter as
required by law and has unfavorably recommended approval of the
Service Plan.
Section 4. Based upon the information contained within the Service Plan and
evidence presented to the Board at the hearing, the Board hereby finds
and determines as follows:
A. There is sufficient existing and projected need for organized
services of the nature proposed in the Service Plan in the area to
be serviced by the proposed District.
B. The existing services in the area to be served by the proposed
District are inadequate for present and projected needs.
C. The proposed District is capable of providing economical and
sufficient services to the area within its proposed boundaries.
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Carly Koppes, Clerk and Recorder, Weld County, CO
1111VIIIIIIV or�w 11110 i
2016-2927
SD0139
APPROVE SERVICE PLAN - EATON AREA PARK AND RECREATION DISTRICT
(MET13-0002)
PAGE 3
D. The area to be included in the proposed District has, or will have,
the financial ability to discharge the proposed indebtedness on a
reasonable basis.
E. Adequate services are not, and will not be, available to the area
through Weld County or other municipal or quasi -municipal
corporations, including special districts, within a reasonable time
and on a comparable basis.
F. The facilities and service standards of the proposed District are,
or will be, compatible with the facilities and service standards of
Weld County and of each municipality and special district which
is an interested party hereto.
G. The Service Plan is in substantial compliance with the Weld
County Comprehensive Plan and the Weld County Code.
H. The creation of the proposed District will be in the best interest of
the area proposed to be served.
Section 5.
On the basis of the findings and determinations in Section 4, the Service
Plan of the proposed District be, and hereby is, approved, subject to the
following conditions: the properties within the municipal boundary of the
Town of Severance shall be excluded from the Service Plan and the
Service Boundary.
Section 6. The Clerk to the Board be, and hereby is, directed to advise the
Petitioners, in writing, of this action and to attach a certified copy of this
Resolution for the purpose of filing the same with the District Court of
Weld County.
Section 7.
Section 8.
All resolutions, or parts thereof, in conflict with the provisions hereof, are
hereby repealed to the extent of such conflict only.
This Resolution, immediately upon its passage, shall be authenticated by
the signatures of the Board of County Commissioners and the Clerk to
the Board and sealed with the corporate seal of the County.
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Carly Koppes, Clerk and Recorder, Weld County, CO
1111 lirAMIIIIINghii'Clinlikihrtl'ikMWllh 11111
2016-2927
SD0139
APPROVE SERVICE PLAN - EATON AREA PARK AND RECREATION DISTRICT
(MET13-0002)
PAGE 4
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of September, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:ditAdAl
Weld County Clerk to the Board
BY
APPR
unty Attorney
Date of signature: lOl5/ l Co
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Carly Koppes, Clerk and Recorder, Weld County, CO
Mike Freeman, Cjir
ay, Pro-Tem
zg4;
Julies A. Cozad
teve Moreno
2016-2927
SD0139
ATTACHMENT A
PROPERTIES EXCLUDED FROM THE EATON PARK AND RECREATION DISTRICT BY
THE WELD COUNTY BOARD OF COMMISSIONERS ON OCTOBER 14, 2016
UNINCORPORATED WELD COUNTY EXCLUSIONS
Booton, Gary
071118000007, 39488 CR 49
3.77 ac.
Caton, Arvene and Bettylynne
080514300043, 33138 CR 33
12.74 ac.
Cooper, Robert
070729000027, 37494 CR 27
3.5 ac.
Fouts, Robert and Rose
080107000014, 28802 CR 72
19.39 ac.
Green, Harvey and Constance
070926000026, 37424 CR 45
10 ac.
French, Darrell and Kathy
070923000004
1.6 ac.
French, Darrell and Kathy
070923000003
1.49 ac.
Gustafson, David and John
080501000023, 35395 CR 37
.92 ac.
Kindvall, Ronald and Patricia
070924000006, 38012 CR 47
11.09 ac.
Kramer, Barry
080514305003, 16402 Longs Peak Road
2.24 ac.
Lawley, Sherry
Savannah Corporation LLC.
080104400037
29.97 ac.
Lawley, Sherry and Mark
Savannah Corporation LLC.
080104000006
73.5 ac.
Naughton, Lennie and Rose
071120000015, 38970 CR 51
7.5 ac.
Overturf, Lisa
080514400011, 16581 Hwy 392
2.13 ac.
Reeman, James and Susan
080305000033, 35710 CR 39
.92 ac.
Stauding, Troy and Natasha
080119000035, 24260 Hwy 392
18.77 ac.
Tribbett, Ronald and Nicole
080503400039, 35129 CR 33
7.28 ac.
Unrein, Gerald and Kathleen
080511000030, 16531 CR 70
2.33 ac.
EATON EXCLUSIONS
Bates, Jim
070931008014, 311 Willow Ave., Eaton
.173 ac.
Cazer, Jack and Marian
070736400047, 1225 Huckleberry Lane,
Eaton
.163 ac.
Green, Harvey and Constance
070736416001, 742 1st St., Eaton
.193 ac.
Gustafson, David and June
070931200007, 777 Cheyenne Ave.,
Eaton
3.14 ac.
Leffler Custom Designs LLC
080501245006, 100 South Cherry Ave.,
Unit #6, Eaton
.167 ac.
Leffler, Brent and Marielle
080501230008, 1615 Colorado Parkway,
Eaton
.234 ac.
Leffler, Donn and Suzanne
080501225001, 1741 Pioneer Place,
Eaton
.261 ac.
Miller, Larry and Lucille
080306008006, 462 S. Elm Ave., Eaton
.214 ac.
Reynolds, Allen and Lynda
070736408012, 316 Park Avenue, Eaton
.241 ac.
Rouse, Philip and Patricia
070736417007, 12 Cottonwood Ave.,
Eaton
.214 ac.
Sisler, Gary and Paula
070736306001, 10 Cherry Ave., Eaton
070736434003, 44 Ash St., Eaton
.217 ac.
.119 ac.
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Bill
2016-2927
SD0139
TO: BOCC,
FROM: Frank N. Haug, Assistant County Attorney
DATE: 7-21-16
SUBJECT: Correction of Exclusion of Kathy French from Eaton Park and Rec
District
THIS MEMORANDUM IS ATTORNEY -CLIENT PRIVILEGED - PLEASE Do NOT DISSEMINATE
Summary:
1. In 2013 Eaton Parks and Recreation went through the process of creating a special district. The Board
accepted requests for exclusion from citizens, and held a public hearing regarding whether certain
people should be excluded and whether the Service Plan was sufficient. In the resolution that was
approved by the board, the Board excluded a list of Parcels/Owners that were outlined on Attachment A.
Kathy French properly submitted her name and request to be excluded, and attended the board hearing,
but in what appears to be a typographical error, was not put on the exclusion list. As a result, she is
being assessed approximately $140 a year in taxes for the Eaton Rec district.
2. In order to correct this error, we will need to have the BOCC approve a new resolution stating that the
original resolution is amended to reflect the exclusion of the French property. Additionally, we will
need to file a motion with the court to accept the new resolution and exclusion. We will serve a copy on
the Eaton Park and Rec District, the French's.
3. The French's have requested to be reimbursed for the taxes they had to pay for the 2015 tax year.
Recommendation:
I recommend that you allow us to move forward with bringing an amended resolution before the BOCC and
filing a motion with the Court to exclude the French Property. Once this is complete, the Assessor's office can
correct the records and repay the $138.91 that they paid in taxes for the Eaton rec district last year.
Agree with Staff
Recommendation
Work Session
Requested
Comments
Kirkmeyer
Freeman
INNF
Conway
Cozad
Moreno
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of 16
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Carly Koppes, Clerk and Recorder, Weld County, C
1111 �1I� ���J 'l'N� 1 h f��U��h��i lhOw11111
2016-2927
RESOLUTION
RE: APPROVE SERVICE PLAN, MET13-0002, FOR PROPOSED EATON AREA PARK
AND RECREATION DISTRICT
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant
to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, pursuant to Section 32-1-204, C.R.S., a Service Plan concerning the
proposed Eaton Area Park and Recreation District, was filed with the Weld County Board of
County Commissioners, and
WHEREAS, on July 24, 2013, by Resolution #2013-1905, the Board of County
Commissioners scheduled a public hearing on the Service Plan to be held at 9:00 a.m. on
October 14, 2013, and
WHEREAS, notice of the date, time, location, and purpose of said hearing was duly
published in The Greeley Tribune, the county legal newspaper, on October 2, 2013; notice
was provided to the Division of Local Affairs of the name and type of the proposed district; and
notice of the date, time and location of said hearing was provided to the Petitioners, to the
governing body of each municipality and of each special district which had levied an ad
valorem tax within the next preceding tax year and which had boundaries within a radius of
three (3) miles of the proposed district, and to said Division, as required by Sections 32-1-
202(1) and 32-1-204(1), C.R.S., and
WHEREAS, the Weld County Planning Commission considered the Service Plan at its
meeting on September 17, 2013, and presented its unfavorable recommendation to the Board
of County Commissioners at its hearing on this matter, as required by Section 32-1-204(2),
C.R.S., and
WHEREAS, the Board did, on October 14, 2013, conduct a full public hearing on this
matter, taking evidence establishing the jurisdiction of the Board to hear this matter and
further taking evidence regarding the substantive issues set forth in Section 32-1-203, C.R.S.,
at which hearing all interested parties were afforded an opportunity to be heard, and
WHEREAS, the Board fully considered the Service Plan and all testimony and other
evidence presented to it in this matter relating to said Service Plan, including the unfavorable
recommendation of the Weld County Planning Commission, and
WHEREAS, the Board, after consideration of all testimony and other evidence
presented to the Board in this matter, finds that the Service Plan meets the criteria contained
within Section 32-1-203, C.R.S., and
WHEREAS, written requests for exclusion were submitted to the Board from various
property owners within the boundaries of the proposed District and such requests along with
testimony and other evidence were fully considered by the Board pursuant to Section 32-1-
203(3.5)(a), C.R.S., and
ec:a/9,PzA,a,01,P1-
11/7'
2013-2866
SD0139
APPROVE SERVICE PLAN - EATON AREA PARK AND RECREATION DISTRICT
(MET13-0002)
PAGE 2
WHEREAS, all written requests for exclusion submitted to the Board from property
owners or owners within the boundaries of the proposed District were considered and granted.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that:
Section 1. Pursuant to Section 32-1-203(3.5)(a), C.R.S., the Board hereby
determines that the Petitioner has failed to meet its burden of proving
that the exclusion of properties for which exclusion requests were filed
is not in the best interests of the proposed District. Therefore, the
properties listed by parcel number in Attachment A to this Resolution,
attached hereto and incorporated herein, inclusive of mineral interests,
are hereby excluded from the Eaton Area Park and Recreation District.
Section 2. The Board hereby determines that all of the jurisdictional and other
requirements of Sections 32-1-202 and 32-1-204, C.R.S., have been
fulfilled, including those relating to the filing and form of the Service
Plan, the form and publication of the public hearing of the hearing on
the Service Plan, and the type of public hearing held herein, and that,
pursuant to Section 32-1-204(1) the petitioners did give proper and
timely notification of the hearing to the governing body of any existing
municipality or special district which levied an ad valorem property tax in
2012, and which has boundaries within a radius of three miles from the
boundaries of the proposed District.
Section 3. The Weld County Planning Commission has considered this matter as
required by law and has unfavorably recommended approval of the
Service Plan.
Section 4. Based upon the information contained within the Service Plan and
evidence presented to the Board at the hearing, the Board hereby finds
and determines as follows:
A. There is sufficient existing and projected need for organized
services of the nature proposed in the Service Plan in the area
to be serviced by the proposed District.
B. The existing services in the area to be served by the proposed
District are inadequate for present and projected needs.
C. The proposed District is capable of providing economical and
sufficient services to the area within its proposed boundaries.
D. The area to be included in the proposed District has, or will
have, the financial ability to discharge the proposed
indebtedness on a reasonable basis.
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Carly Koppes, Clerk and Recorder, Weld County, CO
2013-2866
SD0139
APPROVE SERVICE PLAN - EATON AREA PARK AND RECREATION DISTRICT
(MET13-0002)
PAGE 3
E. Adequate services are not, and will not be, available to the area
through Weld County or other municipal or quasi -municipal
corporations, including special districts, within a reasonable time
and on a comparable basis.
F. The facilities and service standards of the proposed District are,
or will be, compatible with the facilities and service standards of
Weld County and of each municipality and special district which
is an interested party hereto.
G. The Service Plan is in substantial compliance with the Weld
County Comprehensive Plan and the Weld County Code.
H. The creation of the proposed District will be in the best interest
of the area proposed to be served.
Section 5. On the basis of the findings and determinations in Section 4, the
Service Plan of the proposed District be, and hereby is, approved,
subject to the following conditions: the properties within the municipal
boundary of the Town of Severance shall be excluded from the Service
Plan and the Service Boundary.
Section 6. The Clerk to the Board be, and hereby is, directed to advise the
Petitioners, in writing, of this action and to attach a certified copy of this
Resolution for the purpose of filing the same with the District Court of
Weld County.
Section 7.
Section 8.
All resolutions, or parts thereof, in conflict with the provisions hereof, are
hereby repealed to the extent of such conflict only.
This Resolution, immediately upon its passage, shall be authenticated
by the signatures of the Board of County Commissioners and the Clerk
to the Board and sealed with the corporate seal of the County.
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Carly Koppes, Clerk and Recorder,
1111KriUna, CIII aM IE1i1l it l aid WA % 11111
2013-2866
SD0139
APPROVE SERVICE PLAN - EATON AREA PARK AND RECREATION DISTRICT
(MET13-0002)
PAGE 4
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 14th day of October, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD G UN COLORADO
ATTEST:
C
arcia, Chair
Weld County Clerao t oard
rjt Attorney
Date of signature: 11'1 113
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Carly Koppel, Clerk and Recorder, Weld County, Co
Bar•ara Kirkmeye
(AYE)
2013-2866
SD0139
ATTACHMENT A: PROPERTIES EXCLUDED FROM THE EATON PARK AND RECREATION DISTRICT BY THE
WELD COUNTY BOARD OF COMMISSIONERS AT THE OCTOBER 14, 2013, HEARING
UNINCORPORATED WELD COUNTY EXCLUSIONS
Booton, Gary 071118000007, 39488 CR 49
Caton, Arvene and Bettylynne 080514300043, 33138 CR 33
Cooper, Robert 070729000027, 37494 CR 27
Fouts, Robert and Rose 080107000014, 24802 CR 72
Green, Harvey and Constance 070926000026, 37424 CR 45
Gustafson, David and John 080501000023, 35395 CR 37
Kindvall, Ronald and Patricia 070924000006, 38012 CR 47
Kramer, Barry 080514305003, 16402 Longs Peak Road
Lawley, Sherry
Savannah Corporation LLC.
Lawley, Sherry and Mark
Savannah Corporation LLC.
Naughton, Lennie and Rose
Overturf, Lisa
Reeman, James and Susan
Stauding, Troy and Natasha
Tribbett, Ronald and Nicole
Unrein, Gerald and Kathleen
Bates, Jim
Cazer, Jack and Marian
Green, Harvey and Constance
Gustafson, David and June
Leffler Custom Designs LLC
080104400037
080104000006
071120000015, 38970 CR 51
080514400011, 16581 Hwy 392
080305000033, 35710 CR 39
080119000035, 24260 Hwy 392
080503400039, 35129 CR 33
080511000030, 16531 CR 70
EATON EXCLUSIONS
070931008014, 311 Willow Ave., Eaton
070736400047, 1225 Huckleberry Lane, Eaton
070736416001, 7421St St., Eaton
070931200007, 777 Cheyenne Ave., Eaton
080501245006, 100 South Cherry Avenue,
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Carly Koppes, Clerk and Recorder, Weld County, CO
Filt ilk till
3.77 ac.
12.74 ac.
3.5 ac.
19.39 ac.
10 ac.
.92 ac.
11.09 ac.
2.24 ac.
29.97 ac.
73.5 ac.
7.5 ac.
2.13 ac.
.92 ac.
18.77 ac.
7.28 ac.
2.33 ac
.173 ac.
.163 ac.
.193 ac.
3.14 ac.
167 ac. EXHIBIT
1
.2013-28%
Unit #6, Eaton
Leffler, Brent and Marielle
Leffler, Donn and Suzanne
Miller, Larry and Lucille
Reynolds, Allen and Lynda
Rouse, Philip and Patricia
Sisler, Gary and Paula
080501230008, 1615 Colorado Parkway, Eaton .234 ac.
080501225001, 1741 Pioneer Place, Eaton
080306008006, 462 S. Elm Ave., Eaton
070736408012, 316 Park Avenue, Eaton
070736417007, 12 Cottonwood Ave., Eaton
070736306001, 10 Cherry Ave, Eaton
070736434003, 44 Ash St., Eaton
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Carly Koppes, Clerk and Recorder, Weld County, CO
VIII Pr C PO11,15O:1:41INAV lNAMI1111
.261 ac.
.214 ac.
.241 ac.
.214 ac.
.217 ac.
.119 ac.
STATE OF COLORADO)
SS
COUNTY OF WELD )
CLERK TO THE BOARD
PHONE: (970) 336-7215, EXT.4225
FAX: (970) 352-0242
1150 O STREET
P.O. BOX 758
GREELEY, COLORADO 80632
I, Monica Daniels -Mika, Clerk to the Board of County Commissioners, in and for the
County of Weld, State of Colorado, do hereby certify that the attached copy of Resolution
#2013-2866, dated October 14, 2013, is a duplicate of the original Resolution on file in the Weld
County Clerk to the Board's office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County
at Greeley, Colorado, this 7th day ofNovember, 2013.
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Carly Koppes, Clerk and Recorder, Weld County CO
;:lui I Ii
CLERK TO THE BOARD
DEPUTY CLE T THE BOARD
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U.S. Postal Service,
CERTIFIED MAILTM RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
Postage
Certified Fee
Return Receipt Fee
(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
Total Postage & Fees
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SENDER: COMPLETE THIS SECTION
• Complete items 1, 2, and 3. Also complete
Item 4 if Restricted Delivery is desired.
! Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front If space permits,
D. Is delivery address different from item 17 O Yes
If YES, enter delivery address below: O No
1. Article Addressed to:
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3. Servi Type
ed Mail O Express Mall
❑ Registered O Return Receipt for Merchandise
❑ Insured Mall O C.O.D.
4. Restricted Delivery? (Extra Fee)
O Yes
2. Article Number
(Transfer from service label)
7004 2890 0003 .5709 8617
PS Form 3811, February 2004 Domestic Return Receipt
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Carly Koppes, Clerk and Recorder, Weld County, Co
11111
102595-021540
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