HomeMy WebLinkAboutR02-083 Service Plan for Crown Mountain Park and Recreation Special DistrictC, C '�
Commissioner moved adoption
of the f6filowing Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2002 -
AUTHORIZING THE APPROVAL OF THE SERVICE PLAN
FOR THE CROWN MOUNTAIN PARK AND RECREATION
SPECIAL DISTRICT
AND
DENYING AND GRANTING CERTAIN EXCLUSIONS FROM
THE SPECIAL DISTRICT
WHEREAS, pursuant to the provisions of Title 32, Article 1, Part 2, C.R.S., as
amended, the Organizing Committee for the proposed Crown Mountain Park and Recreation
District (hereinafter "District ") filed a Service Plan with the Eagle County Clerk and Recorder on
April 5, 2002; and
WHEREAS, the Eagle County Clerk and Recorder on behalf of the Eagle County
Board of County Commissioners (hereinafter "Board ") reported the filing to the Division of
Local Government; and
WHEREAS, on April 23, 2002, the Board referred the Service Plan to the Eagle
County Roaring Fork Planning Commission for its consideration and recommendation; and
WHEREAS, on May 2, 2002, the Eagle County Roaring Fork Planning
Commission held a hearing on the proposed service plan and recommended approval of the plan
with conditions; and
WHEREAS, on May 14, 2002, the recommendation of the Eagle County Roaring
Fork Planning Commission was presented to the Board and the matter was set for a public
hearing on June 4, 2002; and
WHEREAS, pursuant to the provisions of Title 32, Article 1, Part 2, C.R.S. as
amended, the Board held a public hearing on the Service Plan of the proposed Crown Mountain
Park and Recreation Special District on the 4" day of June, 2002 and on the 18 " day of June,
2002 (hereinafter "Hearing "); and
WHEREAS, Notice of the Hearing was duly published four times in the Eagle
ValleyEnterprise a newspaper of general circulation within Eagle County, on May 9, May 16,
May 23 and May 30, 2002 as required by law, and Notice was forwarded to the Petitioner, the
Division of Local Government, and the governing body of each municipality and special district
which has levied an ad valorem tax within the next preceding tax year and which has boundaries
within a radius of three miles of the proposed District; and
WHEREAS, the Board has considered the Service Plan, the recommendations of
the Eagle County Roaring Fork Planning Commission and all other testimony and evidence
presented at the Hearing; and
WHEREAS, the requests for exclusions from the District were considered prior to
a vote being taken upon a resolution approving the Special District pursuant to C.R.S. § 32 -1-
203(3.5) and no parties filing a request for exclusion appeared at the hearing; and
WHEREAS, the requests for exclusions of the parcels of land identified on
Exhibit "A" attached hereto should be denied; and
WHEREAS, the requests for exclusions of the parcels of land identified on
Exhibit `B" attached hereto should be granted due to compliance with the criteria set forth in
C.R.S. 32 -1 -307; and
WHEREAS, it appears that the Service Plan should be approved with certain
conditions or modifications as set forth in the addendum to the service plan which has been
accepted by the organizing committee for the District and which is attached hereto as Exhibit
"C "• and
WHEREAS, additional conditions of consent from the Mid Valley Metropolitan
District, an over - lapping district pursuant to C.R.S. 32 -1 -107, are hereby attached hereto as
Exhibit "D" and are incorporated into the Service Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: '
Section 1. That the Board does hereby determine that all of the requirements of
Title 32, Article 1, Part 2, C.R.S., as amended, relating to the filing of a Service Plan for the
proposed Crown Mountain Park and Recreation District have been fulfilled and that Notice of
Hearing was given in the time and manner required by law.
Section 2 . That the Board does hereby find and determine that:
(A) There is sufficient existing and projected need for organized service in the
area to be served by the proposed District;
(B) The existing service in the area to be served by the proposed District is not
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adequate for present and projected needs;
(C) Adequate service is not, and will not be, available to the area through the
County or other existing municipal or quasi - municipal corporations, including existing special
districts, within a reasonable time or on a comparable basis;
(D) The proposed special District is capable of providing economic and sufficient
service to the area within its proposed boundaries;
(E) 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;
(F) The facility and service standards of the proposed District is compatible with
the facility and service standards of each county within which the proposed District is to be
located and each municipality which is an interested party;
(G) The proposal is in substantial compliance with a master plan adopted pursuant
to section 30 -28 -106, C.R.S.;
(H) The proposal is in compliance with any duly adopted county, regional, or state
long -range water quality management plan for the area; and
(1) The creation of the proposed District will be in the best interests of the area
proposed to be served.
Section 3. That upon review of the requests for exclusion from the Special
Distric, those properties listed in Exhibit "A" attached to this Resolution and incorporated herein,
such requests are hereby denied.
Section 4 . That upon review of the requests for exclusion from the Special
District, those properties listed in Exhibit `B" attached to this Resolution and incorporated
herein, shall be excluded from the Special District, if it is formed, based upon the finding that the
properties meet the criteria set forth in C.R.S. 32 -1 -307.
Section 5. That the Service Plan of the proposed Crown Mountain Park and
Recreation District is hereby approved with the addition of Exhibits "C" and "D ".
Section 6. That a certified copy of this Resolution be filed in the records of Eagle
County and submitted to the Petitioners for the purpose of filing in the District Court of Eagle
County.
MOVED, READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, at is regular meeting held the day of June, 2002.
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ATTEST;
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OUNTY COMMIS ONERS
By: 0 - - �rt 6
Michael L. G allagher, C an
Tom C. Stone, Commissioner
Commissioner seconded adoption of the foregoing resolution. The roll having been
called, the vote was as follows:
Chairman Gallagher _
Commissioner Menconi
Commissioner Stone _
This Resolution passed by y vote of the Board of County Commissioners of the County
of Eagle, State of Colorado.
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EXHIBIT "A"
REQUEST FOR EXCLUSION
DENIED BY EAGLE COUNTY BOARD OF COUNTY COMMISSIONERS
Crown Mountain Park and Recreation District
Name of Owner(s)/ Petitioner(s)
Property Location by Tax Schedule
Numbers
1. Dan and Lynn Levinson
2. James L. Cotherman
3. Gerald R. Terwilliger and
Anna M. Naeser
4. Mary Gail Caruso
5. Basalt Highlands Homeowners Association
6. Nichols Family Trust
7. Verona Associates
R052590
R052592
R052587
R052591
R052586
R052589
R052585
R052584
R052588
R025940
R043087
R043088
R043089
R043090
R043091
R043092
R629152
R028491
R630004
R031889
R031890
R031891
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REQUEST FOR EXCLUSION
GRANTED BY EAGLE COUNTY BOARD OF COUNTY COMMISSIONERS
Crown Mountain Park and Recreation District
Name of Owner(s)/Petitioner(s) Property Location by Tax Schedule
Numbers
1. Arthur Bowles R602360
2. Jacque and Jill, LLLP R041900
3. Nichols Family Trust R045306
R048533
R029221
R020764
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EXHIBIT "C"
ADDENDUM
To the Crown Mountain Park and Recreation District
Service Plan
June 13, 2002
This addendum is provided to the Eagle County Commissioners, the Pitkin County Commissioners, and the
public at large, to acknowledge and record those conditions of approval imposed by the Eagle County
Commissioners pursuant to their approval of the Service Plan. Accordingly, the following conditions are
accepted by the District Organizing Committee and are hereby incorporated into the Crown Mountain Park and
Recreation District Service Plan:
The District Organizing Committee has obtained a letter from the Roaring Fork Open Space and Parks
District approving the formation of the Crown Mountain Park and Recreation District. This letter is attached
hereto and titled Attachment 1. The District Organizing Committee has obtained a letter from the Mid -
Valley Metropolitan District approving the formation of the District with conditions that are acceptable to
Eagle County and the District. That letter is attached hereto and labeled Attachment 2. In addition the
District Organizing Committee has obtained a letter from the Holland Hills Metro District approving the
formation of the District with conditions. That letter is attached hereto and labeled Attachment 3.
2. The District Organizing Committee acknowledges and agrees that the PUD for the Mount Sopris Tree Farm,
which was adopted by Eagle County in 2001, will be the guiding document for future development of the
property. Should the District be formed, the District will undertake a review of the PUD with the objective
of making the District's development plan consistent with applicable design criteria, standards and
requirements in the PUD.
3. Service Plan Section VI (g) (middle of page 17) makes reference to the following:
"...expenses ... may include the following:
• Planning for use of buildings
• Design and engineering for building redevelopment
• Remodel addition or other redevelopment of buildings
• Development of other facilities not anticipated by the Master Plan "
The District hereby amends the Service Plan to remove the last two of the above bullet points.
4. If Pitkin County fails to approve the Service Plan, any approval by Eagle County will be null and void.
5. The acreage of the property is hereby amended to be 124.31 acres. All and any references to the size of the
property in the Service Plan are hereby amended to this figure.
6. The District hereby agrees to enter into Intergovernmental Agreements with adjacent, overlapping or
interested jurisdictions regarding matters of mutual interest. Specifically, the District will enter into such
IGA's or leases as required by Eagle County to address issues raised by the Service Plan. The District further
agrees that an IGA with Eagle County governing the election process will also be necessary.
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7. The map, which is attached hereto as Attachment 4, is hereby amended to reflect the exclusions approved by
the Eagle County Board of County Commissioners and those properties within Eagle County which may be
subject to exclusion should they meet the criteria of C.R.S. 32 -1 -307. The Organizing Committee or the
District, if formed, shall comply with C.R.S. 32 -1 -307.
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ROARING FORK OPEN SPACE, PARK AND RECREATION DISTRICT
811 Blake Avenue
Glenwood Springs, Colorado 81601
(970) 9x5.8571
June 3, 2002
VIA RAND DELIVERY
Board of Comity Commissioners
:Eagle County
P.O. Box 850
Eagle, CO 81631
Re: Consent to the Formation of the Crown Mountain Park and Recreation District
Dear County Commissioners:
As Secretaly-Treasurer of the Roaring fork Open Space, Park and Recreation District
( "Roaring Fork"), I am writing to express the Board's consent to the formation of the proposed
Crown Mountain Park and Recreation District ( "Crown Mountain").
Crown Mountain is an "overlapping district" under C.R.S. §32- 1- 107(3)(a), whose service
plan is subject to the approval of the Roaring Fork Board of 'Directors. However, Roaring Fork is
satisfied that Crown Mountain will not duplicate or interfere with any improvements or facilities
already constructed or planned to be constructed by the Roaring Fork Board within the Roaring Fork
;service area.
We therefore consent to the formation of the Crown Mountain Park and Recreation District.
Very truly yours,
Roaring Fork Open Space, Park and Recreation District
By. -J -
Ch• . Willman, Socretaay- Treasurer
Following are the final terms and conditions f0- approval of the Crown Mountain Park &
Recreation District ( "Park & Recreation District") adopted by the Board of County Commissioners
ofEagle County forthe benefit ofthe Mid Valley Metropolitan District ("MVMD'), which, pursuant
to C.R.S. § 32- 1- 107(3)(b)(M, has consented to the formation of the Park & Recreation District:
1. The Park & Recreation District shall consult with MVMD a referral agency on any
purchase, or acquisition by condemnation, ofproperty or easements, or on the construction
of any capital improvements within. MVMD's boundary, within any areas being considered
by MVMD for inclusion (and which have submitted a Petition for Inclusion pursuant to
C.R.S. § 32 -1 -401), or within one (1) mile of 1V1VMD's boundary.
2. The Park & Recreation District will not object, and will consent, ifsuch consent is necessary,
to the approval of a service plan for and the development of active -recreation sites and
facilities by MVMD within MVMD's boundary. MVMD will consult with the proposed
Park & Recreation District prior to filing any service plan and Will attempt to avoid the
creation of redundant services; provided; however, MVMD retains sole discretion as to its
final service plan.
3. Upon formation, the Board of Directors of the Park & Recreation District shall enter into an
intergovernmental agreement with the Board of Directors of MVMD and the Board of
County Commissioners of Eagle County. The two Districts and Eagle County shall work
together to develop terms and conditions for the intergovernmental agreement that are
acceptable to both Districts and Eagle County, and which will serve the purposes of avoiding
the provision ofredundant services and ensuring continued communication and cooperation
between the Districts and Eagle County. The terms and conditions ofthe intergovernmental
agreement, unless otherwise agreed to, shall be generally consistent with these conditions of
approval. in the event of any dispute arising during the negotiation of terms and conditions
for the intergovernmental agreement, the dispute shall be resolved by Eagle County which
shall act as the final arbiter of any such dispute. Once entered, if any provisions) of the
intergovernmental agreement contradict or vary from any of MVMD's terms or conditions
for approval ofthe Park & Recreation District, the intergovernmental agreement shat l control
and supercede such terms and conditions; provided, however, that all other terms or
conditions shall remain in effect. Eagle County shall act as the final arbiter of any disputes
concerning the implementation of the intergovernmental agreement, once entered.
4. In the event that the Park & Recreation District acquires property, in fee, for the purpose of
open space (passive recreation), the Park & Recreation District agrees to provide, without
land acquisition costs, easements over any properties so owned by the Park & Recreation
District within the boundaries of MVMD, or over any properties so owned by the Park &
Recreation District adjacent to the boundaries of MVMD, which easements are needed by
MVMD for the construction of underground water and/or wastewater treatment and
distribution facilities to serve the customers of MVMD. MVMD shall use reasonable
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construction method,~ to minimize the impact upon the Park & Recreation District properties
duringeonstruction, andshall fiEllymitigate, byre - vegetation and othcrreasonablyneeessary
actions approved by the Park & Recreation .District, the damage caused by the installation
and/ormaintenance of M.WD's water and/or wastewater treatment and distribution facilities
so that the surface of the Park & Recreation District's properties are returned to their natural
condition after such construction and re- vegetation. To the extent possible, all such
easements shall be located along rights of way adjacent to the Park & Recreation District's
properties: The location of all such easements shall be subject to the approval of the Park
& Recreation District, which approval shall not be unreasonably withheld.
5. In the event that the Park & Recreation District acquires property, in fee, for the purpose of
open space (passive recreation) locatedwithin or adjacent to MVMD's boundaries, and when
such use is not inconsistent with the management plan for the property, the Park &
Recreation District will allow the construction in reasonable locations (e.g., along the
property's boundaries and/or in areas less visible to users of other parts of the property), of
above -ground facilities to serve the water and/or waste water treatment and distribution
needs of MVMD, such as well heads, underground storage tanks, or pump stations, but in
no event shall any such above - ground facilities occupy an area greater than 2000 square feet.
Such facilities shall not include a wastewater treatment plant or a water treatment plant. Such
construction shall be subject to the same reasonable construction methods set forth in
paragraph 4 above and shall be screened by natural vegetation or other means approved by
the Park & Recreation District and Eagle County. MVMD shall be solely responsible for all
construction and screening costs. There shall be no cost to MVMD for use of the land and
a reasonable easement shall be granted to MVMD for construction and maintenance of such
above- ground water and /or wastewater facilities as limited herein.
6. Any modification of the Park & Recreation District's Service Plan that requires County
approval will again require MVMD's consent and approval pursuant to C.R.S. § 32-1 -
107(3)(b)(iV); provided, however, that MVMD will not object to amodification of the Park
& Recreation District's service plan to provide recreation services or recreation facilities not
then provided by MVMD or intended to be provided by MVMD in the near future.
7. Subject to the same terms and conditions of Condition No. 4, MVMD agrees to provide to
the Park & Recreation District an casement forpark and recreation purposes, as needed, over
property that is owned by MVMD in fee. The location of al l such easements shall be subject
to the approval of MVMD, which approval shall not be unreasonably withheld.
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PATRICK, MMLER & KROPF, P.C.
Attorneys at Law
Maff, 091cX }=,waicrjaw.com _
730 B. DorantAvc.
Suite 200 '
.Aspen, CO 61611
970.920.1028 Tcl
970.925,W7 rax
,Tune 18, 2002
Robert M. Noone, Esq.
Robert M:, Noone, P.C.
P,O, Box 39
Glenwood Springs, CO 81602
Re: Crown Mountain Park & Recreation District
Dcar Bob:
Mona ice
310 S. Mill Ave,
suite 200
TeMpe,AZ 9981
480.921.4044 Tel
480921.8688 Fax
On behalf of the .11oJland Hills ].Metro District and its Board of Directors, this
letter serve's as consent to the formation of the Crown Mountain park & Recreation
District upon the same or substantially similar terms RMd conditions as approved by the
Mid Valley Metropolitan District, attached hereto.
Very truly yours,
PATPJCK, MILLER & KROPF, P.C.
A Professional Corporation
By:
Scott C. Miller
miller ,waterlaw.cym
SCM/sip
cc w /enc.: Kent Schuler
Gary Beach
17ocunlcnt2
6- 18 -02; 8:58AM;Robert none. P.0 ;9709455570 # V 5
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al lley Wropoletan District
0051 x ane, Suite A -Basalt. CO 61621 -9359
Phone: (9713) 927 -4077 o Fax (970) 927 -1017
May 23_2002
• Board of County Commissioners ROS&Ir Fax N,49 7671 oate zo �►
Eagle Cotlnry
P.O. Box 850 . c° co.
Eagle, co 81631
Pnw% v
QQ� �� /••.' �`�,,,,
Re: Q_0Wn .MO�' Lr U Park RecreaLLWA
Mid Valley 111etranpl�taa Diet Revised CWM= —
_ , "c Board �- '
Dta O irOLViCy Ca rt11Q13Ssio nersi • r •ra:.w . -• u..• . wit . , .. .. .
We. the Board of Directors of the Mid Valley► hfetropolimn- District (hereinaRet• "71rjVMD �),
are contacting you 1ega•ding Eagle County's consideration of the Cr Mountain Park and
Recreation District. (h er einafter "Park and Recreati District ") S erV' ice Plan. .A you are aware.
Part of the proposed Park and Recreation District overlaps MVMD's legal boundary. MVhW is a
maropolitan district with recreational powers, AllrhouffA MV= does not curret ly ererL-Ise its
recreational powers, it may do so in the future_
.Because the proposed Park and Recreation District is partially located within &VJrN D`s
boundary, it is an "overlapping dasttia under C - R.S.- 6 32- 1.- 107(3)(a). Therefore, the Crown
Mountain Park and Recreation District's proposed service plan and proposed overlapping
recreational ,powers and services are subject to and taust receive the approval of :�4'VMD "s B�tard of
Directors (the "Board" ). C. )(
R.S. § 32- 1- 107(3)(h V). Pursuant to a referral from cite e
County Conntnunity Development Deparuneitt, on April 24, 2002.MyhM submitted its cour=ts
and proposed conditions Of approval for the laid Valley Park and Rec=eadoa District (sow known
as the Crown Mountain Park and Recreation District)_ After having the oppormnily w consult �Vil
members afi the proposed Crown Mountain Park and Recreation District erg ' , crs, :'gVMD
requests that the following revised terms be made; conditions o of. a din le,Co ' 's a
. �4opt i:3 - Park - and Re Ciiuw rrea D>sfnct's' serviceplan; 'w "�- � :,� zb • - I
rich crions sh ' those I
mentioned in the April 24 letter. upercede
I. The Park and Reareadon. Shan consult with MVMD as areferral ageticy on
any puxc ase, or acquisition by tender =#fort, Ofprpp�, or easments, or on the construction of
any capita itlaprovegn=ts witliin MVMD 's boundary, within aqy areasbemg eomidmned by MVMD
for inclusion (and which have submitted a petition for Inclusion pursuant to C.iZS. $ 32_1 -40 1), or
within one (1) mite df MVMD's boundary.
1
2. 1 1
The Park and Recreation District will not object, and will consent, if such COr,SerG is
necessary►, to t16o approval of a service plan for and the development of active recreation sites and
facilities by l rJyNID within ?+aVMD's bogy. MVMD will consult with the proposed Park and
Recreation District prior to filing any Service plan and will attempt to avoid tae creation of
reduodarle services; provided, howover, MVMD retains sole discretion as to its final service plan.
m
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MID VAUXY METROPOLITAN I)NTR[CT
Board of County CommissioneTs of Eagle County
Page 2
May 23, 2002
3. Upon formation, the Board of Directors of the Park and Recreation District shall
Onter into au intergovernmental agreement with the Board of Directors of MVMD. The two
Districts sball work together to develop terms and conditions for the imergovetnmentsl agreement
that are acceptable to both Districts, and which will serve ma purposes of avoiding the provision of
re dLMdant services and ensuring continued communication and cooperation between the Districts,
4. In the event that the Park and Recreation Distxiet acquires property far the purpose of
Open space (passive recreation), the Park and Recreation Diadat agrees to provide, Without land
acquisition costL -easements ovecsny, Propor�0 oWmed„by flap Pa#,aad �2�rtEati District within
thi boundaries of MVMD, or over any properties owned by the Park and )Recreation District
adjacent to the boundaries of MVMD, which easements are needed by MVMD for the construction
of underground water and/or wastewater teeamient and distn - bution facilities to serve the customers
Of MVMD, MVMD. shall use reasonable construction methods to minimize the impact upon the
Park and Recreation Distract properties during construction, and shall tally mitigate, by re-
vegetation and Other reasonably necessary actions approved by the park and Recreation District, the
damage caused by the installation and/or maintenance of )AY ND's water and/or wasmwater
treatment and distribution facilities so that the surface of the Park and Recreation District's
properties are returned to their natural condition aftef such construction and revegetation. To the
extent possible, all such easements shall be located along rights of way adjacent to the Park and
Recreation District's properties,
5. Zn the event that the Park and Recreation District acquires property for the putpose of
open space (passive recreation) located within or adjacent to MVMD's boundaries, and when such
use is not inconsistent with the management plant for a property, the Park and Recreation District
will 2 low the consuixtiop, in reasonable onable locations (e.g. along the property's boundaries and /or in
areas less visible to users of other parts of a property), of above -grrnmd utilities to serve the water
and /or wastewater treatment and distribution needs of MVUD. Such construction shall be lubjec ,
to the same reaMOri WO Construction methods set;. orth:in paragraph -the ,abc►ve_and -shall -be
screened by natural vegetation or other means approved by fae Park and IRecread= Dztdct.
MVMD shall be solely responsible for all construction and screening costs.. There shall be no cost
to MVMD for use of the land and a reasonable easement shall be granted. to MVMD for
construction and maintenance of such aboveground water and/or wastewater facilities,
6. Any modification of the Park and Recreation District's Service Plan that requires
County approval will again require MVMD's consent and approval pursuant to C.R.S. § 32-1 -
I07(3)(b)(1V),
The MVAM Board of Directors will not approve of the proposed Park and Recreation
District unless the terms listed above are included as part of the Counts► Comrnissionces' conditional
approval of the Crown )4onnnin Park and Recreation District's service plan_
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WD VALLEY MROPOUNAN DISMCr
Board Of COUMY Conunissioners of Eagle County
Page 3
May Z3, 2002
On behalf Of The Mid Valley MeEropaiitan'District Board of Directors, thank you for your
comideration of those issues. Please contact us if you have any questions regarding tbkmaue;r,
'Very 'truly yours.,
MW YALILEY UM11"IZOPOLITAN DISTRICT
J71
Theodore K. Guy 411
F6
crt Clark
Ser-remy
cc; Board of Mroctors, Mid Valley Metropolitan District
LOW E. LeaVenworth, Fiq,
Louis Meyer, P.R.
Board Of County Cummissioafts of Piddu County
Robert U. Noone, Esq.
Mark Fuller