HomeMy WebLinkAbout20071130.tiff SITE SPECII DEVELOPMENT PLAN AND US. ay SPECIAL
REVIEW (USR) APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT# /AMOUNT # /$ CASE #ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
Parcel Number 0 8 0 / _ s I - - v O _ o
(12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us).
Legal Description —2)61 /z{ , Sectiong/ , Township (; North, Range(C'qWest
Flood Plain: Zone District: A , Total Acreage: 1(a Z , Overlay District:
Geological Hazard: , Airport Overlay District:
FEE OWNER(S) OF THE PROPERTY:
Name: JTS( -- F ( L P
Work Phone #=iOC., C_O__Home Phone # __ Email
Address: --
Address: 17 70 F')Lo.Mci,c i oiz..y (AR(-La- .
City/State/Zip Code: U j�rr�i y / Co 80 34/
Name:
Work Phone #_ Home Phone # Email
Address:
Address:
City/State/ZipCode:
Name:
Work Phone #_ _Home Phone # Email
Address:
Address:
City/State/Zip Code:
APPLICANT OR AUTHORIZED AGENT (See Below:Authorization must accompany applications signed by Authorized Agent)
Name: wHtj HC
Work Phone #,S7)(O- 7C.? 7.tHome Phone # Email L S et.. )
Address: L
Address: 17 7o I' -c -&Ac N`�� _� iIL.C._-C-l� _ )15-t {)iL 1niSi
City/State2ip Code (lIk'—k—E__ f_ .y C, Ac ,4; 3c4
PROPOSED USE: C&tJ r-/ti ;J,&i li o'c61. (.7:4F/ Y&),( s) /scS �•
tU2s% F 1:01Vr 2 i l —ATA . FL. PC. 1 c
I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted
with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee
owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee
owners must be included with the application. If a corporation is the fee owner, notarized evidence must be
included indicating that the signatory has to legal authority to sign for the corporation.
it -27 - c2,C,
Signature: •wner or Authorized Agent Date Signature: Owner or Authorized A.
IT
I t
2007-1130
Swift&Company
Swift 1770 Promontory Circle
Greeley,CO 80634
"Swift&Company°
November 30, 2006
Weld County Planning Department
Greeley,CO
To Whom It May Concern:
This letter shall serve as notification that John Hulse, Project Engineer at Swift&Company, is
authorized as agent to sign certain documents on behalf of Swift&Company. Documents he is
authorized to sign include applications for Recorded Exemptions, Subdivision Exemptions, and
applications or documents associated with USR's.
Sincerely,
Donald F.Wiseman /V
Senior Vice President, General Council and Secretary
Swift& Co. 11/28/2006
SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW (USR) QUESTIONNAIRE
The following questions are to be answered and submitted as part of the USR application. If a question does
not pertain to your use,please respond with"not applicable",with an explanation as to why the question is
not applicable.
1. Explain, in detail,the proposed use of the property.
The proposed use is a continuation of the existing use, which is as a waste water
treatment facility. The existing facility is being upgraded. Waste water is received from
the beef plant, treated, and discharged into Lone Tree Creek in accordance with the
Discharge Permit issued by the State of Colorado. The property has been used this way
for 34 years, and the area(footprint)of the facility is not being expanded.
2. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 22
(Comprehensive Plan).
The Comprehensive Plan identifies the existing land use as one of the most important
considerations in land use planning. Since this facility was in use before the county was
zoned, it is consistent with the Plan.
3. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 23(Zoning)and
the zone district in which it is located.
This use is consistent with that of a Major Facility of a Public Utility, and was in fact built
by the City of Greeley in 1972. Swift has operated the facility for 30 years, and acquired
the property in 1989 from the City. The facility fits well with the immediately adjacent uses
(feedlots).
4.What type of uses surround the site? Explain how the proposed use is consistent and compatible with
surrounding land uses.
To the West and South are feedlots, and to the East and North is farmland.
5. Describe, in detail,the following:
a. How many people will use this site?
Only the 3 employees and occasional visitors.
b. How many employees are proposed to be employed at this site?
Three.
c.What are the hours of operation?
The treatment plant operates 24—7, and is attended approx. 12 hours per day.
d.What type and how many structures will be erected(built)on this site?
There will be 2 new concrete clarifiers, one new concrete aeration basin, and a new
Laboratory/Blower building.
e.What type and how many animals, if any,will be on this site?
There will be no domestic animals. However there are many migratory birds that
use the property, including waterfowl, coastal birds, and bald eagles.
f.What kind(type, size,weight)of vehicles will access this site and how often?
Cars and pickups daily, and delivery trucks up to semi trailers are expected
approximately every 1-1/2 weeks.
1
Swift& Co. 11/28/2006
g.Who will provide fire protection to the site?
Union Colony Fire Rescue, Station 1.
h.What is the water source on the property? (Both domestic and irrigation).
Domestic water is provided by North Weld County Water District. There is no
irrigation.
I.What is the sewage disposal system on the property? (Existing and proposed).
Waste water is treated by the system on site and discharged under the State
permit.
j. If storage or warehousing is proposed,what type of items will be stored?
None is proposed.
6. Explain the proposed landscaping for the site.The landscaping shall be separately submitted as a
landscape plan map as part of the application submittal.
No additional landscaping is proposed for the property. Landscaping poses maintenance
and operation problems for the facility.
7. Explain any proposed reclamation procedures when termination of the Use by Special Review activity
occurs.
Termination of the use is not anticipated.
8. Explain how the storm water drainage will be handled on the site.
Storm water drains into Lone Tree Creek, or infiltrates. Precipitation on structures and
treatment ponds is contained in those ponds.
9. Explain how long it will take to construct this site and when construction and landscaping is scheduled to
begin.
Construction is scheduled to last 14 months,and has commenced. The schedule has
been dictated by the Colorado Dept of Public Health &Environment-Water Quality Control
Division. The facility must be completed by October 23, 2007.
10. Explain where storage and/or stockpile of wastes will occur on this site.
None.
2
Swift & Company 12/5/2006 11 : 00 AM PAGE 2/002 Fax Server
Swift&Company
1'70 Promontory Circle
Greeley.CO litl(,3-1
Swift&Company.
December 5, 2006
Weld County Planning and Zoning
North Weld Building
9I8 10th Street
Greeley, CO 80631
Attn: Kim Ogle, Planning Manager
Mr. Ogle:
Swift &Co. is in the process of upgrading the Lone Tree Waste Water Treatment plant,
which is located at 24750 WCR 62.5,just east of the Weld County Airport. The
upgrades we are making are required by the State of Colorado Department of Public
Health and Environment, Water Quality Control Division. Swift is under a Consent
Order from the State, and the Consent Order forces us to complete the project no later
than 365 after construction was started, and the facility must be in compliance no later
that January 1, 2008. Construction is anticipated to take approximately 14 months.
As a part of the project, Swift's contractor, Stanek Constructors, has applied to Weld
County Planning for a building permit. As part of the review process for the building
permit, it was determined that a USR would be needed for the subject property and that a
permit would not be issued pending submission of a USR application.
I have submitted an application for a USR, and the application has been accepted by your
office for review. I would like to request an early release of the building permit so that
building inspection can progress with the project according to the State's dictated
schedule.
Thank you for your consideration regarding this matter,and Swift greatly appreciates the
help your office provided in the preparation of the USR application.
Sincerely,
-Min Hulse
Project Engineer
Swift & Co.
CC: Jim Sulzbach, Stanek Constructors
Rick Fell, Carter-Burgess
Torn Siegrist-Swift
•
ARTICLES OF MERGER
YMONFORT`ENER/Y RESOURCES, INC.
(A Colorado Corporation)
Q loCHM INTO
l
Y 1 1 MONFORT, INC.
(A Delaware Corporation) 19971122778 C
$ 75,00
SECRETARY OF STATE
To the Secretary of State 08-01-97 16:08:54
State of Colorado
Pursuant to the.provisions.of the Colorado Business Corporation-Act- ing the
merger ofcoadomestic wholly-owned subsidiary business corporation into its foreign parent
business foreign parent business co
submit the following Articles of Merger. corporation hereinafter named does hereby
1. The name of the subsidiary corporation,which is a business corporation.organized.
under the laws of the State of Colorado, is Monfort Energy Resources, Inc.
2. The name of the parent corporation, which is a business corporation organized
under the laws of the State of Delaware, is Monfort, Inc.
3. The number of outstanding shares of Monfort Energy Resources, Inc. is 2,500,
all of which are of one class, and all of which are owned by Monfort, Inc.
4. The Inc. into Monfort,following is the Plan of Merger for merging Monfort Energy Resources,
the.as approved by resolution of the Board of Directors of Monfort, Inc.
'1. MONFORT,INC., which is a business corporation of the
State of Delaware and is the parent corporation and the owner of
all of the outstanding shares of MONFORT ENERGY
RESOURCES,INC..which is a business corporation of the State
of Colorado(the "Subsidiary"), hereby merges the Subsidiary into
MONFORT, INC. pursuant to the laws of the jurisdiction of
organization of each of MONFORT, INC. and the Subsidiary.
2. The separate existence of the Subsidiary shall cease at the
effective time and date of the merger pursuant to the provisions of
the laws of the jurisdiction of its organization; and MONFORT,
INC. shall continue its existence as the surviving corporation
pursuant to the provisions of the laws of the jurisdiction of its
organization.
3. The issued shares of the Subsidiary shall not be converted
in any manner, but each said share which is issued as of the
Yompi iRUPDAliC06llJlIR
20114 2 12/111IIII III511B111111Count111)111111 Vl
2U34 2 12/20/1994 99+01P Meld County a
I of 3 R 14.99 0 4.99 JO Suitt Tsuaaaete
•
• effective time and date of the merger shall be surrendered and
extinguished.
4. The Board of Directors and the proper officers of
•
MONFORT, INC. are hereby authorized, empowered, and
directed to do any and all acts and things, and to make, execute.
deliver, file, and/or record any and all instruments, papers, and
documents which shall be or become necessary, proper or
convenient to carry out or put into effect any of the provisions of
this Agreement and Plan of Merger or of the merger herein
provided for.'
5. Shareholder approval was not required-.
6. The laws of the jurisdiction of organization of Monfort,Inc.permit a merger of
a wholly-owned subsidiary business corporation of another jurisdiction into a parent business
corporation of the jurisdiction of organization of Monfort, Inc.: and the merger of Monfort
Energy Resources, Inc. into Monfort, Inc. is in compliance with the laws of the jurisdiction
of organization of Monfort, Inc.
7. The address,wherever located,of the principal office of the surviving corporation
is: Monfort, Inc., 1918 AA Street, Greeley, Colorado 80632.
8. The effective time and date in the State of Colorado of the merger herein provided
for shall be the time and date of the filing of these Articles of Merger with the Colorado
Secretary of State. Such effective date complies with Section 7-111-104(5) of the Colorado
Business Corporation Act.
Execute&our July-21, 1997:
MONFOR INC.
�- By:
J: Dill, e-President
BY:
Sue H. Badberg, Astir
2
I111111 ill 111111III 1111111111 MUM II IIIII IIN Ill
2143482 12/2S/INS S3,S1P Weld Canty Co
2 of 3 ft 18.85 D A.A. JA Sett Tsika,t•
•
MERCER CONSOLIDATION
CANCELLATION OF LIMITED PARTNERSHIP DUE TO MERCER
DOMESTIC FOREIGN PROFIT NONPROFIT
MERGER #19971122778
MONFORT ENERGY RESOURCES, INC.
(COLORADO CORPORATION DPC19B71265956)
INTO
Joan?. INC.,'
(D[LANARE CORPORATION EPO 19871044219)• THE SURVIVOR.
37 State of Delaware
PAGE 1
Office of the Secretary of State
I, EDWARD J. FREEL, SECRETARY OF STATE OF THE STATE OF
DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT
COPY OF THE CERTIFICATE OF AMENDMENT OF "MONFORT, INC. ",
CHANGING ITS NAME FROM "MONFORT, INC. " TO "CONAGRA BEEF
COMPANY", FILED IN THIS OFFICE ON THE TENTH DAY OF AUGUST, A.D.
2000, AT 9 O'CLOCK A.M.
A FILED COPY OF THIS CERTIFICATE HAS BEEN FORWARDED TO THE
NEW CASTLE COUNTY RECORDER OF DEEDS. .
•
• •
•
11111111111111111111111111111 III 1111111 III 11111 I11I Illl
2792137 090 7 1 0 0 0.00 3A JA oSoN CO ld kamoto
of 2 11
8.41444,0L
Edward! Fred. Secretary of State
0705607 8100 AUTHENTICATION: 0614958
001407187 DATE: 08-11-00
.
I I�OII I'I�'IIRI N1111111101111 II I I"I STATE OF DELANARE
SECRETARY OF STATE
2792137 10.0009/07/2000 11:03A J Sind Tsulamolo DIVISION OF CORPORATIONS
.2 of 2 R 10.00 D 0.00 Weld County Co• FILED 09:00 AN 08/10/2000
001407187 - 0705607 •
CERTIFICATE OF AMENDMENT
OF
CERTIFICATE OF INCORPORATION
OF
MONFORT,INC.
IT IS HEREBY CERT1FIED THAT:
1, The name of the corporation(hereinafter
called the "corporation") is MONFORT,
INC. •
2. The Certificate of Incorporation of the corporation is hereby amended by slating out
ARTICLE I thereof and by substituting in bee of said Article the following new Article:
The time of the corporation is CONAGRA BEEF COMPANY.
3. The Amendment of the Certificate of Incorporation herein certified has bean duly
adopted in accordance with the provisions of Sections 221 and 242 of the General Corporation Law
of the State of Delaware.
Dated August 3,2000.
MONFORT,INC.alai)
By. 1tkb4a.
Debra!Leith.Vice President
729 Delaware PAGE
The first State
I, HARRIET SMITH WINDSOR, SECRETARY OF STATE OF THE STATE OF
DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT
COPY OF THE CERTIFICATE OF AMENDMENT OF "CONAGRA BEEF COMPANY',
CHANGING ITS NAME FROM 'CONAGRA BEEF COMPANY" TO "SWIFT BEEF
COMPANY", FILED IN THIS OFFICE ON THE ELEVENTH DAY OF JULY, A.D.
2002, AT 1 O'CLOCK P.M.
111111111111 1111111 11111111 111111111111 III 11111 IIII IIII
3012729 12109/2002 12:56P Weld County, CO
1 of 2 R 11.00 0 0.00 J.A. "SukP"Tsukamolo
.� ad9�Y „)
111111101111111 11 11101111111111111111111111
3012729 12/09/2002 12:56P Weld County, CO
2 of 2 R 11.00 D 0.00 J.A. "Sold"Taukamoto pea�
ILL.11.2002 11:54HM MCGRATH NORTW Na 341-0216 �A 6b1r s24/6
DIVISION OF CORPORATIONS
FILED 01:00 PN 07/12/2002
02044529.4 - 0705607
CERTIFICATE OF AMENDMENT
OF
CERTIPICA1`E OP INCORPORATION
OF
CONAGRA BEEPCOMPANY
IT IS HEREBY CRRTIFDID THAT:
1. The nerve of the corporation(hereinafter called the *corporation"is CONAGRA
BEEF COMPANY.
2. The Cerdtcate of Incorporation ofthe corporation is hereby amended by seeing out
ARTICLE I thereof and by substituting in lieu of said Article the following new Article;
l
The name ofthe corporation is SWIFT BEEF COMPANY.
3. The Amendment of the Cadtte of Inooeporaton herein califed has been duly
adopted in accordance with the provisions of Sections 228 and 242 of the General Corporation law
ofthe State of Delaware.
bated July 11,2002.
CONACRIABMCOMPANY
By: AOS R• /eta
Debra Keith,Vice President
Sw.�, EL
• Deicrware PAGE 1
00
i.e first State
I, HARRIET SMITE WINDSOR, SECRETARY OF STATE OP TEE STATE OF
DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT
COPY OF TEE CERTIFICATE OF AMENDMENT OF "CONAGRA BEEF C0MPANT",
CHANGING ITS NAME FROM "CONAGRA BUT COMPANY" TO "SWIFT BEEF
CONFINE', FILED IN THIS OFFICE O11 TEE ELEVENTH DAY OF JULY, A.D.
2002, AT 1 O'CLOCK P.K.
IuiJ1UhIm!IPA'1&II%L!011111
31 4
1 of 2 R 11.00 0 0.00 Neva Moreno Clerk I Recorder
Harriet Said'Windsor.Secretary of State
•
0705607 8100 AUTHENTICATION: 2874011
040033292 DATE: 01-15-04
.
TM NORTH (402)341-ezls a 5
• JtL.11.2�2 11%54W'1 rtcct DIVISION OF communal
ix=0445294— 0705607 01:00 PN OOY
CERTIFICATE OF AMENDMENT
0V
CERTIFICATE OF INCORPORATION
OF
•
CONAGRAIIO COMPANY
IT Is REMY CERTIFIED TEAT:
1. The aaane of caned(Aaaedneftar ailed the"eapnten'v CONAGRA
BINS COMPANY.
2. Its Crrdseateofieearpaallnaof&agoration couporaitat I.baby mendedbysatDdagout
ARTICLE I thereof and by abetittzdn$k lien of aid Article the IoUowtui new Aside:
ALIICIZI
•— Thence dale ooupocaDa n is SWIFT PEEP COMPANY.'
3. Tbe Amendraea of the Cedtoak of Incorporation basin cried bar ben ddy
adopted is accordance with the provisions of Sections 228 and 242 of the Gast Colponideo Lew
ate State of Delos
. D414)117 11.2002.
C0NAGRAWiM COmPANYa
Digagath. ;sides
111111 MI 11111 1111 III MINI HI 11111111111111 de ili
3148743 „12212004 11:12A Weld County, CO
2 ei 2 R 11.00 D 0.00 Revs Moreno Cleft 8 Recorder
Deraware
PAGE 1
The first State
I, HARRIET SMITH WINDSOR, SECRETARY OF STATE OF THE STATE OF
DELAWARE, DO HEREBY CERTIFY THE ATTACHED ARE TRUE AND CORRECT
COPIES OF ALL DOCUMENTS ON FILE OF "SWIFT & COMPANY" AS RECEIVED
AND FILED IN THIS OFFICE.
THE FOLLOWING DOCUMENTS HAVE BEEN CERTIFIED:
CERTIFICATE OF INCORPORATION, FILED THE TWENTY-NINTH DAY OF
MAY, A.D. 2002, AT 3 O'CLOCK P.M.
CERTIFICATE OF AMENDMENT, CHANGING ITS NAME FROM "SWIFT
MEATS HOLDING COMPANY" TO "SWIFT & COMPANY", FILED THE ELEVENTH
DAY OF JULY, A.D. 2002, AT 1 :30 O'CLOCK P.M.
AND I DO HEREBY FURTHER CERTIFY THAT THE AFORESAID
CERTIFICATES ARE THE ONLY CERTIFICATES ON RECORD OF THE
AFORESAID CORPORATION.
;a: t1. y:` Harriet Smith Windsor. Secretary of State
3530249 8100H "{4 '^ AUTHENTICATION: 3175752
040446211 DATE: 06-16-04
STATE OF DELAWARE
MRY.29.2002 2:07PM 1CGRATH NORTH (402)341-0216 IECRt�F St�y4 2
DzvzszoM o RPORA2' ���
FILED 03:00 PM 05/29/2002
020341542 - 3530249
CERTIFICATE OF INCORPORATION
OF
•
SWIFT MEATS HOLDING COMPANY
FIRST: The name of the corporation is Swift Meats Holding Company (the
"Corporation"),
SECOND: The address of its registered office in the State of Delaware is Corporation
Trust Center, 1209 Orange Street, Wilmington, Delaware 19801 in New Castle County,
Delaware, The name of its registered agait at such address is The Corporation Trust Company,
THIRD: The nature of the business or purposes to be conducted or promoted by the
Corporation is to engage in any lawful act or activity for which corporations may be organized
under the Delaware General Corporation Law,
FOURTH:' The total number of shares of all classes of capital stock which the
corporation shall have authority to issue is One Thousand (1,000)shares of common stock at a
par value of One Cent(50.01)per share.
FIFTH: The name of the incorporator is Kevin L. Wedeking and his mailing address is
c/o ConAgra Foods, Inc.,One ConAgra thin e,Omaha, Nebraska 68102.
SIXTH: The names and mailing address of the directors, who shall serve until the first
annual meeting of stockholders or until their successors are elected and qualified, are as follows:
Naas Akan
Dwight J. Goslee ConAgra Foods,Inc.
One ConAgra Drive
Omaha,Nebraska 68102
Patrick J. !Coley ConAgra Foods,Inc.
One ConAgra Drive
Omaha,Nebraska 68102
The number of directors of the Corporation shall be as specified in,or determined in the manner
provided in, the bylaws of the Corporation. Election of directors need not be by written ballot
SEVENTH: In furtherance of, and not in limitation of the powers conferred by statute,
the Board is expressly authorized to adopt,amend or repeal the bylaws of the corporation.
EIGHTH: Whenever a compromise or arrangement is proposed between the Corporation
and its creditors or any class of them and/or between the Corporation and its stockholders or any
class of than, any court of equitable jurisdiction within the State of Delaware may, on the
.1-
5922 n.)
r.
MAY.29.2002 2:07PN : RATH NORTH (402)341-0216 NO.B20 P.1622
application in a summary way of the Corporation or of any creditor or stockholder thereof or on
the application of any receiver or receives appointed for
the Section 291 of Title 8 of the Delaware Code or on theapplication� orfnon under the soluton provisions of
any receiver or receivers appointed for the Corporation of evasionstees in Section 2 or279 of
Tide 8 of the Delaware Code order a under or clthe ass of / of of
stockholders or class of stockholders of of�creditors class of creditor, and/or of the
such runner as the said court direct if a Corporation, as the case may be, to be summoned in
in value of the creditors or class of creditors, armor of the stodkholders in number orclass of s at least hoea�ud
ders
of the corporation, as the case may be, agree to any compromise or sWcddto any
reorganization of the Corporation as a consequence of such compromise orgemet �the said
compromise or arrangement and the said reorganization shall,if sanctioned by the court to which
the said appliation has been made,be binding on all the creditors or class of creditors,and/or on
all the stockholders or class of stockholders, of the Corporation, as the case may be, and also on
the corporation
NINTH; No director of the Corporation shall be liable to the Co
stockholders monetaryfor except pfor orbi its
y
damages for breach of fiduciary duty as a director, for liability
(i) for any breach of the director's duty of loyalty to the Corporation or its stockholders, (ii)for
acts or violation laomi �,not in good faith or which involve intentional misconduct or a knowing
(di) under Section 174 of the Delaware General Corporation Law, or(iv) for
any transaction Arne which the director derived an improper personal benefit In addition to the
circumstances in which a director of the Corporation is not personally liable as set forth in the
preceding sentence, a director of the Corporation shall not be liable to the fullest extent permitted
by any amendment to the Delaware General Corporation Caw hereafter enacted that further
limits the liability of a director.
made a TENTH: The Corporation shall indemnify any person who was,is,or is threatened to be
party to a proceeding(as hereinafter defined)by reason of the fact that he or she(i)is or
iswas
s directorwas
ile a director or officer of the Corporation,
serving at the request of the Corporation as a director, officer, partner, venturer,
proprietor, trustee, employee, agent, or similar functionary of another foreign or domestic
corporation,partnership,joint venture,sole proprietorship,trust, employee benefit plan, or other
taprise, to the fidlest extent parnined under the Delaware General Corporation Law, as the
same exists or may hereafter be amended. Such right shall be a contract right and as such shall
inure to the benefit of any director or officer who is elected and accepts the position of director
or officer of the Corporation or elects to continue to serve as a director or officer of the
Corporation while this Article Tenth is in effect. Any repeal or amendment of this Article Tenth
shall be prospective only and shall not limit the rights of any such director or officer or the
obligations of the Corporation with respect to any claim arising from or related to the services of
such director or officer in any of the foregoing capacities prior to any such repeal or amendment
to this Ankle Tenth. Such right shall include the right to be paid by the Corporation expenses
(including without limitation attorneys' fees) actually and reasonably incurred by him in
defending any such proceeding in advance of its final disposition to the maximum extent
permitted under the Delaware General Corporation Law, as the same exists or may hereafter be
amended. If a claim for indemnification or advancement of expenses hereunder is not paid in
full by the Corporation within sixty (60) days after a written claim has been received by the
Corporation,the claimant may at wry time thereafter bring suit against the Corporation to recover
-2-
ssr_+su
MAY.29.2002 2:08PM :GRATH NORTH (402)341-0216
NO.820 P.17/22
the unpaid amount of the claim, and if successful in whole or in part, the claimant shall also be
citified to be paid the expenses of prosecuting such claim. It shall be a defense to any such
action that suchindemnificadon or advancement of costs of defense is not permitted under the
Delaware General Corporation Law, but the burden of proving such defense shall be on the
Corporation- Neither the failure of the Corporation (including its Board of committee thereof, independent legal counsel, or stoeldhoidndemniflgtioe�an o) to have made Its Directors no
or
any
prior to the commencement of such action that iadvancement o fco is of
orthe
defense
to,t (including s claimant
is sd o a
le in circumstances nor any actual determination bby the
stockholders) that such indemnification or advancement is not committee thereo4 independentlegal counsel,
the action or create a presumption that such indemnification or permissible not shall be a . W
event of the death of any advance is peemisefbr In the
person having a right of indemtifieation under the foregoing
provisions,such right shall inure to die benefit of his or herrs, i
personal representatives. The rights conferred above shall not be exclusive of administrators,other right
which any person may have or hereafter acquire under any statute, bylaw, resolution of
stockholders or directors,agreement,or otherwise,
fullest This Corporation may also indemnify any employee or agent of the corporation to the
permitted bylaw-
action,
As suit, or proceeding,Win, the term "proceeding" means any threatened, pending, or completed
an whether civil, criminal, administrative, arbitrative, or investigative,
Y appeal In such an action, suit, or proceeding, any inquiry or investigation that could lead to
such an anion,suit ,orproceeding
ELEVENTH: No contract or transaction between the Corporation and one or more of its
directors, officers, or stockholders or between the
"person" means other corporation, partnetslyp, Corporation and any int n , Political
subdivision, or instrumentality) or other organization �, trust, more f its it ctors.
officers, or stockholders are , orst i lders,or have which one a financial of its directors,
be void or voidable solely for this reason,or solely because the director or officer is interest shall
par icipates in the meeting of the board or committee which present at or
transaction, or solely because his, her, or their votes are counted for such nos contact t it the
material facts as to his or her relationship or interest and as to the contract or transaction
ransactloon are
disclosed or are known to the board of directors or the
committee in good faith authorizes diecommittee,and the board e votes eron or
a
majority of the disinterested contact or transaction by the affirmative of a
J tY terested directors, even though the disinterested directors be less than a
quorum; or(ii)the material facts as to his or her relationship or interest and as to the contract or
transaction are disclosed or are known to the stockholders entitled to vote
contract or transaction is specifically approved in good and the
the contract or transaction is fair as to the good faith theby vole it s stockholders;rp or(iii)
or ratified by the board of directors, Corporation as of time it is authorized,approved,
interested directors bythe
a be counted a committee thereof: or the stockholders. Common or
maydetermining the presence of a quorum at a meeting of the
board of directors or of a committee which authorizes the contact or transaction.
TWELFTH: The Corporation shall have the right, subject to any express provisions or
restrictions contained in this certificate of incorporation or bylaws of the Corporation, from time
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MAY.29.2002 2:08PM .;(MATH NORTH (402)341-0216 N0.820 P.18/22
to tune,to amend this certificate of incorporation or any provision hereof in any manner now or
hereafter provided by law, and all rights and powers of any kind confined upon a director or
stockholder of the Corporation by this certificate of incorporation or any amendment hereof are
subject to such right of the Corporation.
I,the undersigned,being the incorporator hereinbefore named,for the purpose of forming
a corporation pursuant to the Delaware General Corporation Law, do make this certificate.
hereby declaring that this is my act and deed4and that the Sets herein stated me true, and
accordingly have hereunto set my hand this Z8' day of 0iaq 2002.
Kevin L.Wedeking,him ator
a-
JUL.11.2002 11:53HN :GRATH NORTH (482)341-0216 NO.061 P.3/5
CERTIFICATE OF AMENDMENT
OF
CERTIFICATE OF INCORPORATION
OF
SWIFT MEATS HOLDING COMPANY
IT IS HEREBY CERTIFIED THAT:
1. The name of the corporation (herolnafter called the "corporation") is SWIFT
MEATS HOLDING COMPANY.
2, The Certificate of Incorporation of the corporation is hereby amended by staring out
the first article of the Certificate of Incorporation and by substituting in lieu of said first article the
following now first article:
FIRST: The name of the corporation is SWIFT & COMPANY.
3, The Amendment of the Certificate of Incorporation herein certified has been duly
adopted in accordance with the provisions of Sections 228 and 242 of the General Corporation Law
of the State ofDelaware.
Dated July 11,2002.
SWIFT MEA HOLDING COMPANY
P ck J.ICo idmr"
STATE OF DELAWARE
SECRETARY OF STATE
DIVISION OF CORPORATIONS
FILED 01:30 PM 07/11/2002
020445308 - 3530249
FOR COMMERCIAL SITES, PLEASE COMPLETE THE FOLLOWING INFORMATION
BUSINESS EMERGENCY INFORMATION: �7
BusinessName: —x3I Fr CaY- ' CC) • Phone: 77C' 5S — / 64
/
Address:27,-4 146,./L_ 6) � (= City,ST,Zip:(-( 1%iLi'/ / C< GG Cis'
1
BusinessOwner: i( 1-1- C. CC-) Phone:770 — S &CZO
Home Address: 1-)/1\ City,ST,Zip:
List three persons in the order to be called in the event of an emergency:
NAME TITLE ADDRESS PHONE
�LA€r (,JA ()!tl stem( IS 97c - CS7 - 7 (Jf
Cad=- /-16I N 7-- (.J , W • Sf 6c=i — S7" 7 7d - 3SL 7 C ( (
�C I-4ICI. IS i 1 (.I TIES t=jivc R . 170 .- -614-
Business Hours: 1—(67--S Days: 7 •(N-7.
Type of Alarm. None Burglar Holdup Fire Silent Audible
Name and address ofAlarm Company:
Location of Safe: W( A
MISCELLANEOUS INFORMATION: 77
Number of entry/exit doors in this building: C.. Location(s): (n.%.1�ST S (/JL�
Is alcohol stored in building? �J Location(s):
Are drugs stored in building? N v Location(s):
Are weapons stored in building? }3° Location(s):
The following programs are offered as a public service of the Weld County Sheriff's Office. Please indicate the
programs of interest. Physical Security Check Crime Prevention Presentation
UTILITY SHUT OFF LOCATIONS:
Main Electrical:
GasShutOff: AZr PV-b 714-3 —
Exterior Water ater Shutoff:
Interior Water Shutoff:
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