HomeMy WebLinkAbout2018CV149 - SUTHERLAND V. CITY OF FORT COLLINS, STEVE MILLER & IRENE JOSEY - 109A - AFFIDAVIT OF MICHAEL BECKSTEADDISTRICT COURT, LARIMER COUNTY,
COLORADO
Court Address: 201 La Porte A venue
Fort Collins, CO 80521
Phone Number: (970) 494-3500
Plaintiff: ERIC SUTHERLAND, prose
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)
Rosemary A. Loehr (#52559)
Sherman & Howard L.L.C.
633 17th Street, Suite 3000
Denver, CO 80202
Phone Number: (303) 297-2900
Email: jmill@shermanhoward.com
rloehr@shermanhoward.com
Carrie M. Daggett, #23316
John R. Duval, #10185
Fort Collins City Attorney's Office
300 LaPorte A venue
Fort Collins, CO 80522-0580
970-221-6520
cddairn:ett@fc2:ov.com iduval@fc2:ov.com
A COURT USE ONLY A
Case No. : 2018CV149
Courtroom/Division: SB
AFFIDA'.VIT OF MICHAEL BECKSTEAD REGARDING THE CITY OF FORT
COLLINS'S NOTIC~ OF CORRECTION OF RECORD
49738279.2 EXHIBIT A
DATE FILED: March 19, 2019 3:33 PM
FILING ID: F9E5EF2ABC95A
CASE NUMBER: 2018CV149
I, Michael Beckstead, being first duly sworn, testify and state as follows:
1. I am over the age of eighteen years and competent to give testimony. I have personal
knowledge of the facts set forth in this Affidavit.
2. I am the Chief Financial Officer of the City of Fort Collins.
3. I testified in Court in the above-captioned matter at a hearing on Friday, March 15, 2019
on the City of Fort Collins' Combined Motion for Attorneys' Fees and Costs.
4. I am submitting this Affidavit to correct my answer to one question during my testimony.
5. Mr. Sutherland asked me a question to the effect of did I know that he, Mr. Sutherland,
had filed a complaint in this case, prior to the issuance of the City's broadband revenue
bonds.
6. In response, I hesitated, trying recall when I was aware of the complaint, and then
answered that I was not aware of the complaint before the issuance of the bonds.
7. After the conclusion of my testimony, I realized that my answer to that question was
incorrect. In fact, I was aware of Mr. Sutherland's complaint prior to the issuance of the
bonds.
8. All of my other testimony was correct to the best of my knowledge, information and
belief.
I hereby swear or affirm that the foregoing is true and correct to the best of my knowledge,
information, and belief.
Further affiant sayeth naught at this time.
Michael Beckstead
ST A TE OF COLORADO
CITY OF FORT COLLINS AND COUNTY OF LARIMER
Subscribed and sworn to before me this\'\ t~y of March, 2019.
Witness my hand and Official Seal.
)
)ss.
)
My Commission Expires: tv\~ l"i,a.-0~
JANEEN . CALKINS
NOTARY PUBLIC -Notary ~ Public
STATE OF COLORADO
NOTARY ID 20084017176
MY COMMISSION EXPIRES MAY 15. 2020
2
49738279.2