HomeMy WebLinkAbout750503.tiff IN THE DISTRICT COURT IN AND FOR THE
COUNTY OF WELD AND STATE OF COLORADO
Civil Action No. 27680
J. L. JOHNSON, individually and )
as Chairman of the Weld County )
Charter Commission, )
)
Plaintiff, )
)
vs. ) JUDGMENT
)
GLENN K. BILLINGS, ROY MOSER and )
VICTOR JACOBUCCI, Weld County )
Commissioners, and THE BOARD OF )
COUNTY COMMISSIONERS OF THE COUNTY)
OF WELD, )
)
Defendants. )
This matter coming on before the Court for hearing on Monday,
August 18, 1975, previously having been set by order of the Court
for such time; the Plaintiff represented by William L. West, Weld
County Charter Commission Counsel, and associate counsel William H.
Southard; the Defendants being represented by Samuel S. Telep,
County Attorney of Weld County, and all parties urging the Court
to proceed with the immediate hearing due to the circumstances of
time involved in the matter.
The Court has heard and considered the evidence introduced at
the hearing and has considered the arguments of counsel, and being
sufficiently advised, enters the following Findings of Fast, Con-
clusions of Law and Judgment and Decree.
FINDINGS OF FACT
1. That the Court has jurisdiction of the subject matter of
this action and of the parties hereto.
2. A County Charter Commission for Weld County was duly
elected, and took office effective November 20, 197#, and following
the prescribed statutory procedures, developed a Charter proposed
for consideration of the electorate of Weld County, introduced into
750503
evidenced as Plaintiff's Exhibit D.
3. On July 2, 1975, the Board of County Commissioners was
advised the Charter had been developed, and oopies were delivered
to each of the three Commissioners individually; and thereafter a
date for the election was set for September 9, 1975.
4. In reproducing the copies of the Charter delivered July 2,
1975 to the three County Commissioners, four words and a or were
not reproduced on the bottom of one page, apparently due to the
page not being properly placed on the reproduction equipment, and
one other page was duplicated with two copies of such page being
put into the copy when the subject copies of the Charter were assembled.
5. That a question has arisen whether the copies delivered to
each of the County Commissioners on July 2, 1975, in which the re-
production and assembling errors appear is the Charter to be published
and voted upon by the electorate at the September 9, 1975 election,
or whether the true Charter developed by the Weld County Charter
Commission should be the one so published and voted upon.
CONCLUSIONS OF LAW
The Court DOTH CONCLUDE AS MATTERS OF LAW:
A. That the Court has jurisdiction of the subject matter of
this action and of the Parties, and that this matter is one of public
interest requiring Judicial determination.
B. That clerical errors of reproduction and assembling of
documents may be corrected without affecting the effective date of
the instrument.
C. That there is only one true Charter developed by the Weld
County Charter Commission, and there are no copies thereof that have
any official standing.
D. That the delivery of copies of the developed Charter was
a token delivery only and a symbol of the developed true Charter
itself.
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JUDGMENT AND DECREE
NOW THEREFORE, IT IS ORDERED, ADJUDGED, AND DECREED, that the
Board of County Co®aission•rs of Veld County, Colorado b• and they
are h•r•by required to publish as proscribed by law the trot Charter
d•vloptd by the Vold County Commission, identified in these proo••d-
ings as Plaintiff's Exhibit D., and that said Charter so d•Y•loped
is the Charter which the electorate of Weld County will b• considering
at the elsotion to be held .S•pt•nb•r 9, 1975.
Done in open Court this /t"iay of August, A.D. 1975.
BY THE COURT:
Lmid a lefOidieC
APPROVED AS TO FORM
A • otuz tfor "Plain€iff
•I• +-
Counsel for Defendants
Weld County Attorney
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