HomeMy WebLinkAbout20040225.tiff RESOLUTION
RE: AUTHORIZE CHAIR TO SIGN PROXY THE ANNUAL MEETING OF THE LUPTON
MEADOWS 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, notice has been received that the Lupton Meadows Ditch Company will hold
its Annual Meeting on January 31, 2004, and
WHEREAS, either Lee Morrison, Assistant County Attorney, Greg Nelson, Department of
Public Works, or Steve Nguyen, P.E., Applegate Group, will represent Weld County at said
meeting, and
WHEREAS, the Board has been requested to sign a Proxy for Voting Stock to the
standing President of the Lupton Meadows Ditch Company in the event that a representative of
the County is not present at said Annual Meeting.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Chair be, and hereby is, authorized to sign the Proxy for Voting
Stock for said meeting.
BE IT FURTHER RESOLVED that either Lee Morrison, Greg Nelson, or Steve Nguyen
represent Weld County at said meeting
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 14th day of January, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
W LD COUNTY, COLORADO
ATTEST: � .__/,l�,J// /� � zf� Q� �
""��1 Robert D. Masden, Chair
Weld County Clerk to the B fir¢
L rr9 \ ✓'.
William H. rke, Pro-Tem
BY:
Deputy Clerk to the Board /
M. eile
ROV AS TO F
David E. Long
unty Attorney _ Oz4
/1_ Glenn Vaad
Date of signature:
2004-0225
BC0034
Co '• C' 4-
Please sign and mail the proxy !! If present it will not be used.
PROXY FOR VOTING STOCK
I (print your name) Robert D. Masden , do hereby
constitute and appoint the standing Lupton Bottom President or
as my proxy to vote my share(s) at
the annual meeting of The Lupton Bottom Ditch Company.
This proxy shall be for elections or business votes of the said
company and shall possess all the powers as if personally present.
This proxy hereby revokes all previous proxies and shall only be
for the meeting of Jan ary 31,2004.
Signature ��\y�.�
Date 01x14/2 04
HOWARD CANTRELL
11016 WC R0 23
FT LUPTON CO
80621
lumen Meadows Bitch Company RECEIVED
PO Box 305 DEC 3 2 2003
Ft Lupton,Co.80621 WELD N?Y
PUBLIC WORKS DEPT
Phone 970 785-2147
2003 Annual Shareholders Meeting
December 15, 2003
NOTICE TO: Weld County Accounting Office
52 Share(s)
Dear Stockholder,
The annual meeting of stockholders for the Lupton Meadows Ditch Company has been
set,the meeting will be held at the Branding Iron Restaurant in Ft Lupton, Colorado, Highways
52 and 85, on Saturday the 31th of January 2004. The meeting of the Lupton Meadows Ditch
Company will begin promptly at 8 AM with the Lupton Bottom meeting to begin on adjournment
of the Meadows, approximately at 9:30 AM. Due to the close ties between the companies the
Boards of both companies have once again decided to invite all stockholders to sit in on both
meetings, any votes will be by company stockholders only. The meetings shall be for the election
of directors and such other business as may properly come before this meeting. The Board and
the Company would like to encourage you as a stockholder in this company to make every
attempt possible to attend and participate. The Board would also ask that you PLEASE take a
moment to fill out the enclosed proxy form and return it, if you are present your proxy will not be
used, in the past there has been times when we could not declare a quorum.
PS: Gene Wagner and Joe Miller's terms will be up for election and there will be a discussion
regarding the enclosed problem landowners policy.
Thank You, Howard (Corky) Cantrell,
Lupton Meadows Ditch Secretary,
2004-0225
LUPTON MEADOWS DITCH COMPANY
Procedures for collecting certain damages
BACKGROUND: A significant portion of the annual ditch assessment fees are used to
sustain or improve the carrying capacity of the ditch. Weeds, silt, bank erosion, and other
factors can limit the amount of water that can safely be placed in the ditch for irrigation
use by shareowners. The expenses incurred for repairs due to normal ditch operations
are properly borne by all shareowners as part of the ditch assessment fees. However, in
some instances the damage results not from the operation of the ditch but from the
actions of the landowner or land use adjacent to the ditch. Common examples here
would include bank erosion from grazing cattle, or silt due to irrigation runoff from
adjacent fields.
POLICY AND PROCEDURES: It shall be the policy of the Board of Directors recover
from the responsible party all costs of repair from damages due to landowner actions or
land use adjacent to the ditch.
It is the responsibility of the Ditch Superintendent to determine that damage is-or has
occurred-and to notify the Board of Directors.
If the situation is not urgent, in the opinion of the Board, the following procedures apply:
1. Make every reasonable attempt to contact the responsible landowner, in
person, or by phone to describe the situation and the repairs necessary to resolve
the situation.
2. Notify, in writing, the responsible landowner.
* Specify the damages noted.
* Identify the repairs required.
* Offer the option for the Ditch Company to effect repairs& bill the
landowner for costs incurred (where possible, a cost estimate should be
provided).
* Invite the landowner to discuss the situation, if desired, at the next
scheduled Board meeting.
Damage Collection Policy
Page 2
3. Provide a thirty day window—spanning one regularly scheduled Board
meeting—for the landowner to respond by either completing repairs, or
authorizing the Board to make the necessary repairs at the landowners expense.
4. Proceed independently with the necessary repairs if no response is received
from the landowner within the 30 day timeframe.
5. Bill the responsible party for the costs incurred to complete the repairs.
If the situation is urgent, in the opinion of the Board, the following procedures apply:
1. Make every reasonable attempt to contact the responsible landowner, in
person, or by phone to describe the situation and the urgency required.
2. Proceed with the necessary repairs as required to protect the best interests of
all shareowners.
3. Bill the responsible landowner for the costs incurred to effect the necessary
repairs.
When bills have been rendered to landowners for repairs completed, the landowner shall
be given 30 days to reimburse the Ditch Company.
If reimbursement is not made, the Board will notify the landowner, in writing, that
their headgate will be closed& locked if full payment is not received within 30 days, and
that it will remain locked until full payment is received.
If the responsible landowner is not a shareowner, the Board will determine
whether or not legal action is warranted, and whether other options to prevent further
damage can be taken.
IMPLEMENTATION: This policy shall be effective upon approval of the Board of
Directors as reflected in the meeting minutes.
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