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<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />Condition cannot be met until the Effective Date of the Plan. <br />Accordingly, the second Condition is found to have been satisfied <br />for purposes of confirmation, but shall now become a condition to <br />the Effective Date of the Plan. <br /> <br />c. The third Condition requires that certain Ballot <br />Issues, as defined i~the Plan, must be approved at an Election, as <br />defined in the Plan, held on May 3, 1994 wherein eligible voters in <br />the Debtor shall vote to approve or disapprove the Ballot Issues. <br />The Ballot Issues seek voter approval of the issuance of the 1994 <br />Bonds ("1994 Bonds") pursuant to the Plan and the rate and amount <br />of taxation and expenditures necessary to pay the 1994 Bonds <br />pursuant to the Plan. with respect to the Election, the Court <br />finds that: <br /> <br />i. The Debtor's Board of Directors duly called the <br />Election. <br /> <br />ii. The conduct of the Election was in all respe6ts <br />regular and proper. <br /> <br />iii. Notice of the Election was given in compliance with <br />applicable Colorado election laws and Article X, <br />Section 20 of the Colorado Constitution. <br /> <br />iv. The residents and property owners of the Debtor who <br />were qualified to vote at the Election had actual <br />knowledge, in addition to the notice provided by <br />Debtor's compliance with election laws and <br />Constitutional provisions, of the fact of the <br />calling and holding of the Election. <br /> <br />v. A t -the May 3, 1994 Election, a maj ori ty of the <br />registered qualified electors of the Debtor voting <br />thereon approved the issuance of the 1994 Bonds and <br />the imposition of taxes and revenue changes <br />necessary to pay the 1994 bonds. <br /> <br />vi. The third Condition has been satisfied. <br /> <br />12. On May 31, 1994, the Debtor and 216 Valley Group, L.P. <br />filed a Stipulation ("stipulation") with the Court which resolves <br />the objection to confirmation of the Plan filed by 216 Valley <br />Group, L.P. In addition, 216 Valley Group, L.P. has withdrawn its <br />ballot rejecting the Plan. <br /> <br />Conclusions Of Law <br /> <br />13. Notice of the hearing on confirmation of the Plan, notice <br />of the last date to object to confirmation of the Plan and notice <br /> <br />3 <br />