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HomeMy WebLinkAbout20050345.tiff RESOLUTION RE: SIGN PROXY AND APPOINT DELEGATE TO REPRESENT WELD COUNTY AT ANNUAL MEETING OF THE RURAL DITCH COMPANY WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, it is necessary to assure a quorum either by attendance or by proxy at the Annual Meeting of the Rural Ditch Company, which is scheduled for February 19, 2005, and WHEREAS,a representative of Applegate Group may also attend said Annual Meeting,and WHEREAS,the Board deems it advisable to appoint either Lee Morrison,Assistant County Attorney, Greg Nelson, Weld County Department of Public Works, or Steve Nguyen, P.E., Diversified Consulting Solutions, Inc., as the delegate to represent Weld County if appearance is necessary at said meeting. NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado,that either Lee Morrison,Assistant County Attorney,Greg Nelson,Weld County Department of Public Works,or Steve Nguyen, P.E., Diversified Consulting Solutions, Inc., be,and hereby is, appointed as the delegate to represent Weld County at the Annual Meeting of the Rural Ditch Company, said meeting being scheduled for February 19, 2005, if appearance is necessary at said meeting. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign the proxy appointing the President of the Ditch Board to represent Weld County at said meeting if a delegate is not present. 2005-0345 BC0035 (0 0-4� ni) oa -aa �s RE: SIGN PROXY AND APPOINT DELEGATE TO REPRESENT WELD COUNTY AT ANNUAL MEETING OF THE RURAL DITCH COMPANY PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 31st day of January, A.D., 2005. BOARD OF COUNTY COMMISSIONERS ft" WELD COUNTY, COLORADO • sai t !! • William H. Jerke, Chair • I, I Clerk to the Board ��• '� " i$ < EXCUSED �11.I ' • M. J. ile, Pro-Tem - Deputy Clerk to the Board c (el D d E. Long j\ir\6° Y Robert D. Masde County Attorney 64N ^ / Glenn Vaad Date of signature: 2005-0345 BC0035 THE RURAL DITCH COMPANY NOTICE OF ANNUAL STOCKHOLDERS MEETING January 23, 2005 Longmont, Colorado The regular annual meeting of the stockholders of The Rural Ditch Company will be held in the BOULDER COUNTY FAIRGROUNDS MEETING ROOM, 9595 NELSON ROAD, LONGMONT, CO. 80501 at 2:00 p.m., SATURDAY, FEBRUARY 19, 2005 for the purpose of electing directors for the ensuring year and the transaction of such business as may properly come before the meeting. Dan Grant, Secretary/Treasurer The Rural Ditch Company (303) 678-4179 P.O. Box 1826 Longmont, Co. 80502-1826 Even if you expect to be present, please sign, detach, and mail the PROXY NOW. If you are present, the Proxy will not be used, but we cannot have a legal meeting unless we have a majority of stock represented. PROXY FOR VOTING STOCK KNOW ALL BY THESE PRESENTS, that I (We)(Record Owners of Stock): Board of County Commissioners, Weld County, Colorado do hereby constitute and appoint the President of the Rural Ditch Company, or Lee Morrison, Greg Nelson or Steve Nguyen of as my Agent, and in my name, place and stead, to vote as my proxy at the annual meeting of The Rural Ditch Company to be held February 19, 2005 upon all matters that may properly come before said meeting or any adjournment thereof according to the number of votes I should be entitled to vote if there personally present. WITNESS MY HAND, this 31st day of January , 2005 Signed William H. Jerke, Chair Signed 2005-0345 ,- , -''1 ('tin February 21, 2004 Longmont, Colorado The regular annual meeting of the Stockholders of the Rural Ditch Company was held in the offices of Boulder County Fair Grounds 9595 Nelson Road, Longmont at 2:00 p.m. The meeting was called to order by President Jim Burch. With those in attendance and the returned proxy forms 39.05 shares were represented which constituted a quorum. The minutes of the last annual meeting held February 8, 2003 were read and approved by motion and second. The Financial Statement of the Company were reviewed and approved by motion and second. Attorney Wendy Rudnik discussed and distributed a Water Court Status and Legal Activity Report. A copy of her report is attached for reference. LaFarge and Varra Companies have expressed interest in entering into an excess capacity carriage agreement as well as an additional request from Hall Irwin Company. LaFarge has submitted amended plans to mine around Idaho Creek at the Shaw property recognizing a 130 foot easement. Consulting engineers will study the amended proposal. Superintendent Armstead reported that Parshall flumes will be installed at every headgate. He is also arranging to have more cross walks and hand rails constructed. There is an area of the ditch that will be cleaned by again renting a trackhoe. There has not been a decision or effort made to stagger the terms of the Board members. The Ditch Company continues to file on the Cole Ditch seepage for a junior 12 cfs water right. There was a question regarding the management of available water diverted from the headgates. The Superintendent is responsible for diverting water on a pro-rata share basis. In the matter of assessments, revenues are anticipated in 2004 from LaFarge, Hall Irwin and Varra Companies on the excess capacity carriage agreements as well as potential income from carrying charges on these excess capacity agreements. With the funds now on deposit and the expected carriage agreement payments, the recommendation was to decrease the assessments. By motion, second and unanimous approval, the decision was to lower the assessments to $100.00 per share with a one-half share minimum. An election of Officers was called. There was a vacancy on the Board of Directors due to the resignation of Frank Sewald. Julie Cozad representing Hall Irwin was nominated for the Board. Her nomination was seconded. There was a motion with a second to retain the other four Board members, namely Jim Burch, Ted Lohmann, Dan Gould and Phil Camenisch. There was a motion with second and unanimous approval to close nominations. Jim Burch, Ted Lohmann, Dan Gould, Phil Camenisch, and Julie Cozad will be the Board of Directors. With no further business appearing, the meeting adjourned. Qzci- Secretary • ' 7:07 PM Rural Ditch Company ovosros Balance Sheet Prey Year Comparison Accrual Basis As of December 31, 2004 Dec 31,04 Dec 31,03 5 Change %Change ASSETS Current Assets Checking/Savings Banking Checking 144.44 3,272.23 -3,127.79 -95.6% Savings#1930648 30,741.08 24,421.02 6,320.06 25.9% Time C.D.-90 Day 11,571.00 11,470.13 100.87 0.9% Time C.D.-6 Months 51,978.08 51,459.52 518.56 1.0% Time C.D.-1 Year 7,365.27 7,263.86 101.41 1.4% Total Banking 101,799.87 97,866.76 3,913.11 4.0% Total Checking/Savings 101,799.67 97,866.76 3,913.11 4.0% Accounts Receivable Accounts Receivable 0.00 1,027.04 -1,027.04 -100.0% Total Accounts Receivable 0.00 1,027.04 -1,027.04 -100.0% Total Current Assets 101,799.87 98,913.80 2,886.07 2.9% Fixed Assets 18"Parshal Flumes 2003 Accumulated Deprciation -6,000.00 -3,429.00 -2,571.00 -75.0% 18"Parallel Flumes 2003-Other 6,000.00 6,000.00 0.00 0.0% Total 18"Parshal Flumes 2003 0.00 2,571.00 -2,571.00 -100.0% Total Fixed Assets 0.00 2,571.00 -2,571.00 -100.0% Other Assets Carriage Agreement Receivable Hall-Irwin#1 11,250.00 22,500.00 -11,250.00 -50.0% Hall-hwIn#2 33,750.00 0.00 33,750.00 100.0% Van Companies,etal 45,000.00 0.00 45,000.00 100.0% Total Carriage Agreement Receivable 90,000.00 22,500.00 67,500.00 300.0% Total Other Assets 90,000.00 22,500.00 67,500.00 300.0% TOTAL ASSETS 191,799.87 123,984.80 67,815.07 54.7% LIABILITIES&EQUITY Liabilities Current Liabilities Other Current Liabilities Federal Income Tax Payable 0.00 1,369.00 -1,369.00 -100.0% Colo.State Inc.Tax Payable 0.00 442.00 -442.00 -100.0% Total Other Current Liabilities 0.00 1,811.00 -1,811.00 -100.0% Total Current Liabilities 0.00 1,811.00 -1,811.00 -100.0% Long Term Liabilities Deferred Carriage Charges Hall-Irvvin#1 Deferred 11,250.00 22,500.00 -11,250.00 -50.0% Hall-Irwin#2 Deferred 33,750.00 0.00 33,750.00 100.0% Van Companies,etal-Deferre 45,000.00 0.00 45,000.00 100.0% Total Deferred Carriage Charges 90,000.00 22,500.00 67,500.00 300.0% Total Long Term Liabilities 90,000.00 22,500.00 67,500.00 300.0% Total Liabilities 90,000.00 24,311.00 65,689.00 270.2% Equity Retained Earnings 99,673.80 91,942.60 7,731.20 8.4% Net Income 2,126.07 7,731.20 -5,605.13 -72.5% Total Equity 101,799.87 99,673.80 2,126.07 2.1% TOTAL LIABILITIES&EQUITY 191,799.87 123,984.80 67,815.07 54.7% Page 1 7:06 PM Rural Ditch Company 01/05/05 Profit & Loss Prey Year Comparison Accrual Basis January through December 2004 Jan-Dee 04 Jan-Dec 03 $Change %Change Ordinary Income/Expense Income Stock Assessments 5,140.00 15,420.00 -1%280.00 -66.7% Crossing Agreements 2,000.00 2,500.00 -500.00 -20.0% Discharge Agreement Fee 3,500.00 3,500.00 0.00 0.0% Stock Transfer Fees Less Secretary Fee -250.00 -100.00 -150.00 -150.0% Stock Transfer Fees•Other 250.00 100.00 150.00 150.0% Total Stock Transfer Fees 0.00 0.00 0.00 0.0% License Fee 3,000.00 0.00 3,000.00 100.0% Carriage Charge Fees 37,500.00 42,750.00 -5,250.00 -12.3% Excess Capacity Carrying Charge 3,552.00 0.00 3,552.00 100.0% Reimbursed Expenses 1,405.03 3,510.57 -2,105.54 -60.0% Refunds 79.91 0.00 79.91 100.0% Total income 56,176.94 67,680.57 -11,503.63 -17.0% Gross Profit 56,176.94 67,680.57 -11,503.63 -17.0% Expense Payroll Expense Officer Salary 1,339.00 1,190.90 148.10 12.4% Superintendent Salary 7,260.00 5,445.00 1,815.00 33.3% Secretary Salary 2,884.00 2,800.00 84.00 3.0% Labor Salary 2,498.92 6,194.26 -3,695.34 -59.7% Total Payroll Expense 13,981.92 15,630.16 -1,648.24 -10.6% Payroll Taxes Company FICA 866.89 969.04 -102,15 -10.5% Company Medicare 202.71 226.72 -24.01 -10.6% Total Payroll Taxes 1,069.60 1,195.76 -126.16 -10.6% Bank Service Charges 69.70 25.56 44.14 172.7% Cleaning 195.00 0.00 195.00 100.0% Depreciation Expense 2,571.00 3,429.00 -858.00 -25.0% Directors Fees 1,520.00 1,040.00 480.00 46.2% District 6 Assessment 3,543.90 3,171.06 372.84 11.8% Dues and Subscriptions 159.00 155.00 4.00 2.6% Equipment Rental 3,962.70 3,274.20 688.50 21.0% Gifts 109.13 32.16 76.97 239.3% Hand Tools 0.00 1,103.76 -1,103.76 -100.0% Fuel 0.00 169.62 -169.62 -100.0% insurance Directors&Officers Liability 1,341.00 1,310.00 31.00 2.4% Liability insurance 872.00 605.00 267.00 44.1% Work Comp 1,139.00 937.00 202.00 21.6% Unemployment Insurance 176.65 328.90 -152.25 -46.3% Total Insurance 3,528.65 3,180.90 347.75 10.9% Licenses,Permits&Filing Fees 81.00 0.00 81.00 100.0% Machine Hire 321.30 788.58 -467.28 -59.3% Office Equipment Computer Up-grade 39.57 0.00 39.57 100.0% Total Office Equipment 39.57 0.00 39.57 100.0% Office Supplies 23.89 10.00 13.89 138.9% Postage and Delivery 111.00 245.00 -134.00 -54.7% Printing and Reproduction 0.00 116.67 -116.67 -100.0% Professional Fees Accounting 275.00 250.00 25.00 10.0% Engineering Fees 1,711.17 776.25 934.92 120.4% Legal Fees 13,894.14 17,504.17 -3,610.03 -20.6% Total Professional Fees 15,880.31 18,530.42 -2,650.11 -14.3% Repairs 1,750.00 1,481.32 268.68 18.1% Supplies 45.15 58.58 -13.43 -22.9% Page 1 ' 7:06 PM Rural Ditch Company 01/06/05 Profit & Loss Prey Year Comparison Accrual Basis January through December 2004 Jan-Dec 04 Jan-Dec 03 $Change %Change Taxes Colorado State Income Tax 0.00 442.00 -442.00 -100.0% Federal 80.20 1,369.00 -1,288.80 -94.1% Total Taxes 80.20 1,811.00 -1,730.80 -95.6% Telephone 41.51 273.65 -232.14 -84.8% Travel&EM Meals 83.72 0.00 83.72 100.0% Total Travel&Ent 83.72 0.00 83.72 100.0% Vehicle Expense 5,700.00 5,600.00 100.00 1.8% Total Expense 54,868.25 61,322.40 -6,454.15 -10.5% Net Ordinary Income 1,308.69 6,358.17 -5,049.48 -79.4% Other Income/Expense Other Income Interest Income 796.84 1,245.99 -449.15 -36.1% Interest on Unpaid Stock Assess 20.54 127.04 -106.50 -83.8% Total Other Income 817.38 1,373.03 -555.65 -40.5% Net Other Income 817.38 1,373.03 -555.65 40.5% Net Income 2,126.07 7,731.20 -5,605.13 -72.5% Page 2 Hello