HomeMy WebLinkAbout2018CV149 - SUTHERLAND V. CITY OF FORT COLLINS, STEVE MILLER & IRENE JOSEY - 030V - EXHIBIT 18DISTRICT COURT, LARIMER COUNTY, COLORADO
Court Address: 201 La Porte Avenue
Fort Collins, CO 80521
Phone Number: (970) 494-3500
Plaintiff: ERIC SUTHERLAND, pro se
v.
Defendants: THE CITY OF FORT COLLINS, a home rule
municipality in the State of Colorado; STEVE MILLER, in his
capacity as the Larimer County Assessor and all successors in
this office; IRENE JOSEY, in her capacity as the Larimer
County Treasurer and all successors to this office; and
Indispensable Parties: THE TIMNATH DEVELOPMENT
AUTHORITY, an Urban Renewal Authority; and COMPASS
MORTGAGE CORPORATION, an Alabama company doing
business in Colorado.
Attorneys for Defendant City of Fort Collins:
John W. Mill (#22348)
Amanda Levin Milgrom (#47871)
Sherman & Howard L.L.C.
633 17th Street, Suite 3000
Denver, CO 80202
Phone Number: (303) 297-2900
Email: jmill@shermanhoward.com
amilgrom@shermanhoward.com
.& COURT USE ONLY.&
Case No. : 2018CV149
Courtroom/Division: 3C
AFFIDAVIT OF RITA KNOLL IN SUPPORT OF THE MOTION TO DISMISS OF
THE CITY OF FORT COLLINS
I, Rita Knoll, declare the following:
1. My name is Rita Knoll and I am over the age of eighteen years and have personal
knowledge of the facts set forth in this affidavit.
2. I am competent to give testimony on following subject matters.
3. I have been employed by the City of Fort Collins since July 25, 1978. I have worked in
the City Clerk's Office since June 21, 1982. I have been the Chief Deputy City Clerk of
the City of Fort Collins since 1998.
48700142.3
DATE FILED: July 18, 2018 8:12 PM
FILING ID: BF0E70FBC34B1
CASE NUMBER: 2018CV149
4. My duties as Chief Deputy City Clerk include, but are not limited to:
a. Acting on behalf of, and in the capacity of, the City Clerk in her absence;
b. Attesting to City legal documents including ordinances, resolutions, contracts,
water certificates, and bond closing documents;
c. Participating in the coordination and preparation of City Council and City
enterprise board agendas, including the Electric Utility Enterprise Board; and
d. Participating in and overseeing the maintenance and operation of the City
Council's legislative records, including City Council ordinances and the
ordinances of the City's utility enterprise boards, including the Electric Utility
Enterprise Board ordinances.
The Mayor is the President of the Electric Utility Enterprise Board
5. I certify that Wade Troxell is the current Mayor of Fort Collins and has been the Mayor
since 2015.
6. I certify that the Mayor of Fort Collins is also the President of the Electric Utility
Enterprise Board.
7. Since the City of Fort Collins first established its utility enterprises in 1993 pursuant to
Ordinance No. 60, 1993, the Mayor of Fort Collins has acted as the president of the board
for each of the City's utility enterprises, including for the Electric Utility Enterprise
Board.
8. I certify that Wade Troxell signed the following documents:
a. April 3, 2018 City Council Minutes; and
b. April 3, 2018 Electric Utility Enterprise Board Minutes.
9. I certify that Gerry Horak, as the City's Mayor Pro Tern and as the Vice President of the
Electric Utility Enterprise Board, signed the following documents:
a. March 20, 2018 City Council Minutes; and
b. March 20, 2018 Electric Utility Enterprise Board Minutes.
I hereby swear or affirm that the foregoing is true and correct to the best of my
knowledge, information and belief.
Rita Knoll
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48700142.3
STATE OF COLORADO
COUNTY OF LARIMER
)
)ss.
)
Subscribed and sworn to before me this / Y day of '5 \.)_ \i , 2018.
Witness my hand and Official Seal. My Commission Expires: 6/1 /; I
[seal]
PATRJCIA E. CLARKIN
NOTARY PUBLIC
STATE OF COLORADO
NOTARY 10 19994015S81
MY COMMISSION EXPIRES JUNE 1, 2019
48700142.3
? Notaryublic ~ ccLd
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