_ENFORCEMENT - M1978352 ‎(13)‎

• Permit No: M1978352
• IBM Index Class Name: Enforcement
• Doc Name: APPENDIX TO MEMORANDUM BRIEF IN SUPPORT OF DEFENDANTS MOTION TO DISMISS OR IN ALTERNATIVE FOR SUMMAR
• Media Type: D
• Archive: No

(3) Signed by the operator as principa•
(4) If required by the Board , signed by a corporate surety
authorized to do business in Colorado.
(5) If the operator is a partnership or corporation , supply
proof that the person(s) signing the bond on behalf of
the operator can legally bind him to the bond. This
proof can be as follows :
(a) In the case of partnership, the portion of the
partnership agreement which covers who may bind the
partnership.
(b) If the operator is a corporation , whichever of the
following is the applicable provision of the docu-
ment which establishes who can legally bind the
corporation on bonds :
( 1) Articles of Incorporation
(2) Bylaws
(3) Special Resoultion
If none of these documents establish who can legal-
ly bind the corporation on bonds , then by statute
any member of the board of directors can bind the
corporation. The operator then should submit a
list of the board of directors at the time the bond
was signed.
(c) In lieu of the conditions of sections (a) and (b) ,
a notorized statement by a representative of the
bonding company may be attached to the bond stating
that the person signing for the principal can legally
binJ the principal .
1170 ) 7. 15 In event security other than a corporate surety bond is
offered, the Board shall consider:
( 1 ) The operator's financial status ;
(2) The operator's assets within the state:
(3) The operator 's past performance on contractual agreements:
(4) The operator's facilities available to carry out the
reclamation; and
117(2) (5) Such other information necessary to determine the sufficiency
of the security.
I17(2) 7. 16 In lieu of such surety , with the approval of the Board, the
operator may:
( 1 ) Deposit cash or government securities with the Board in an
amount equal to the surety which would otherwise be set;
(2) Substitute other lands , property or existing reclaimed
areas owned by the operator in excess of cumulative acres
that have been reclaimed under the provisions of this
article and approved by the Board provided that the Board
is given sufficient interest or title to such lands , property
or areas to enable it to foreclose. sell and apply the
proceeds of the same to reclaim unreclaimed lands of the
operator.
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