HomeMy WebLinkAbout20030237.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 Saturday, February 8,
2003, 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., Applegate Group, 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., Applegate Group, 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 Saturday, February 8, 2003, 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.
2003-0237
BC0032
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 22nd day of January, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
WE OUNTY, COLORADO
ATTEST:L � ���� W
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Long, Chair
9 Weld County Clerk to t � .1-r%
"O
c� / �O Robert D. M sden, Pro-Tem
BY: �_�/lli _ a% , °.v l:
Deputy Clerk to the ��•� IT°Q��
�� ��►� M. J. eile
"PgO D ASF RM: EXCUSED
Williap H. Jerke
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Glenn Vaad
ate of signature: (ea-,
2003-0237
BC0032
T
THE RURAL DITCH COMPANY
NOTICE OF ANNUAL STOCKHOLDERS MEETING
January 13, 2003
Longmont, Colorado
The regular annual meeting of the stockholders of The Rural Ditch Company will be held
in the First National Bank Building South Basement Meeting
Room (enter off the 4`h Avenue Door and go downstairs) 4th Avenue and Main Street,
Longmont at 2:00 p.m., SATURDAY, FEBRUARY 8, 2003 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):
• David E. Long, Weld County Board of Commissioners Chair
do hereby constitute and appoint the President of the Rural Ditch Company, or Lee Morrison,
Assistant County Attorney, Greg Nelson, Department of Public Works, or
Steve Nguyen, P.E. , Applegate Group 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 8, 2003 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.
bi
WITNESS MY HAND, this 22nd day of J 03
'Ck .vim.. .,� ,-I, ., '•';_a ��
Signed David E. Long, C air Signed 1
(01/22/2003)
By: /iis, � �:+, 11 J/
Deputy Cler to the"Bo ? N'..
. 2003-0237
January 13, 2003
Stockholders
Rural Ditch Company
Dear Stockholders:
Please find enclosed a Notice of the Annual Stockholders Meeting that will be on
February 8, 2003. If you will be unable to attend, PLEASE sign and return your Proxy
for Voting Stock.
Also enclosed for your information is a Job Description for the Superintendent that has
been approved by the Board of Directors. The Job Description is intended to place the
management and responsibility for the distribution of the water with the Superintendent.
Please note Paragraph 2 (A) and (D) in that the Superintendent will be responsible for
opening and closing headgates and distribute water in laterals on a pro-rata basis.
The Financial Statements and Minutes of the Last Annual Meeting are also enclosed for
your reference.
Sincerely,
Ct"
Dan Grant
Secretary/Treasurer
Rural Ditch Company
(303) 678-4179
P.O. Box 1826
Longmont, Co. 80502-1826
Enc.
Job Description and Duties of Superintendent
The following job description and duties for the position of Superintendent of the Rural
Ditch Company are intended to provide both the Board of Directors and the
Superintendent with a method of determining responsibilities and evaluating performance
of the Superintendent.
The Superintendent will have the following responsibilities and duties:
1. Provide direction and control of any labor hired in the performance of
repairs, maintenance or improvement of the canal system. The
Superintendent will purchase materials and supplies for the operation of
the ditch system.
2. Provide direction and control of the flow of water through the ditch system
including:
A. Opening and closing of headgates, check dams, etc. Monitor the
flow of water.
B. Keep ditches free of trash and pumps. Burn the ditch as possible,
and hire and supervise heavy equipment for cleaning out large
debris, cut down and remove trees which may impede water flow.
C. Contact water commissioner on a daily basis if necessary during
the irrigation season.
D. Distribute water in laterals on a pro-rata basis according to the
number of shares owned by the Shareholders of that lateral.
E. Receive all calls for running water and maintain accurate records
of all requests for running water.
F. Monitor and distribute water according to availability in
compliance with the Excess Capacity Agreements.
G. Balance water needs with water resources by estimating the
percentage of shrink necessary to run the system at maximum
• efficiency.
3. Prepare and maintain a ditch wide maintenance plan whereby specific
sections of the ditch are identified and plans developed detailing the type
of work required. The plan will include a budget of expected costs and at
least three separate contractor bid estimates when appropriate. This report
will be presented to the Board of Directors.
4. Attend all meetings called by the Board of Directors and the Annual
Stockholders Meeting. Prepare a report for the Stockholders outlining the
past irrigation season and anticipated operations needs in the coming year.
The Superintendent's performance will be reviewed at least annually by the Board of
Directors and the results of that review will be discussed with the Superintendent.
The Superintendent Job Description and duties may be changed from time to time at the
discretion of the Board of Directors. The Board of Directors will communicate any
changes or amendments to this Job Description with the Superintendent.
I acknowledge that I have read, have a copy and understand this job description and the
duties of the Superintendent
Dated this day of
Superintendent
Rural Ditch Company
01/06/03 Balance Sheet Comparison
As of December 31, 2002
Dec 31,'02 Dec 31,'01 $Change
%Change
ASSETS 9
Current Assets
Checking/Savings
Banking
Checking 3,592.25 1,371.89 2,220.36 161.9%
Savings#1930648 19,596.25 63,593.35 -43,997.10 -69.2%
Time C.D.-90 Day 11,349.13 0.00 11,349.13 100.0%
Time C.D.-6 Months 50,630.63 0.00 50,630.63 100.0%
Time C.D.-1 Year 7,047.34 0.00 7,047.34
100.0%
Total Banking 92 21560
64,965.24 .. 27,250.36 42.0%
Total Checking/Savings 92,215.60 64,965.24 27,250,36
42.0%
Total Current Assets 92,215.60 64,965.24 27,250.36
Other Assets 42.0%
Carriage Agreement Receivable
Rademacher Family 31,500.00 0.00 31,500.00 100.0%
Hall-Irwin 33,750.00 0.00 33,750.00 100.0%
Total Carriage Agreement Receivable 65,250.00 0.00 65,250.00 100.0%
Total Other Assets 65,250,00 0.00 65,250.00 100.0%
TOTAL ASSETS 157,465.60 64,965.24 92,500.36 142.4%
LIABILITIES&EQUITY
Liabilities
Long Term Liabilities
Deferred Carriage Charges 65,250.00 0.00 65,250.00 100.0%
Total Long Term Liabilities 65,250.00 0.00 65,250.00 100.0%
Total Liabilities 65,250.00 0.00 65,250.00 100.0%
Equity
Retained Earnings 64,965.24 92,452.71 -27,487.47 -29.7%
Net Income 27,250.36 -27,487.47 54,737.83 199.1%
Total Equity 92,215.60 64,965.24 27,250.36 42.0%
TOTAL LIABILITIES&EQUITY 157,465.60 64,965.24 92,500.36 142.4%
•
Page 1
Rural Ditch Company
01/06103 P&L Previous Year Comparison
January through December 2002
Jan-Dec'02 Jan-Dec'01 $Change %Change
Ordinary Income/Expense
Income
Stock Assessments 25,000.00 19,900.00 5,100.00 25.6%
Prior Years Assessments 5,600.00 0.00 5,600.00 100.0%
Crossing Agreements 1,500.00 4,500.00 -3,000.00 -66.7%
Discharge Agreement Fee 3,500.00 0.00 3,500.00 100.0%
Prior Discharge Agree.Fee 3,500.00 0.00 3,500.00 100.0%
Stock Transfer Fees
Less Secretary Fee -250.00 -250.00 0.00 0.0%
Stock Transfer Fees-Other 250.00 250.00 0.00 0.0%
Total Stock Transfer Fees 0.00 0.00 0.00 0.0%
Carriage Charge Fees 21,750.00 0.00 21,750.00 100.0%
Reimbursed Expenses 6,000.00 3,709.24 2,290.76 61.8%
Refunds 0.00 1,450.88 -1,450.88 -100.0%
Total Income 66,850.00 29,560.12 37,289.88 126.2%
Gross Profit 66,850.00 29,560.12 37,289.88 126.2%
Expense
Payroll Expense
Officer Salary 1,200.00 0.00 1,200.00 100.0%
Superintendent Salary 4,500.00 3,500.00 1,000.00 28.6%
• Secretary Salary 2,000.00 1,300.00 700.00 53.9%
Labor Salary 300.00 0.00 300.00 100.0%
Total Payroll Expense 8,000.00 4,800.00 3,200.00 66.7%
Payroll Taxes
Company FICA 496.00 347.20 148.80 42.9%
Company Medicare 116.01 81.20 34.81 42.9%
Total Payroll Taxes 612.01 428.40 183.61 42.9%
Bank Service Charges 23.33 84.16 -60.83 -72.3%
Directors Fees 1,120.00 3,400.00 -2,280.00 -67.1%-
District 6 Assessment 3,199.59 2,766.32 433.27 15.7%
Dues and Subscriptions 222.60 141.00 81.60 57.9%
Equipment Rental 2,289.83 0.00 2,289.83 100.0%
Hand Tools 0.00 223.33 -223.33 -100.0%
Fuel 112.50 188.01 -75.51 -40.2%
Insurance
Directors 8 Officers Liability 1,241.00 964.00 277.00 28.7%
Liability Insurance 600.00 600.00 0.00 0.0%
Work Comp 863.00 684.00 179.00 26.2%
Unemployment Insurance 124.89 0.00 124.89 100.0%
Total Insurance 2,628.89 2,248.00 580.89 25.8%
Machine Hire 0.00 1,803.81 -1,803.81 -100.0%
Office Equipment 418.65 0.00 418.65 100.0%
Office Supplies 19.30 21.86 -2.56 -11.7%
Postage and Delivery 106.50 101.07 5.43 5.4%
Printing and Reproduction 74.95 11.60 63.35 546.1%
Professional Fees
• Accounting 250.00 210.00 40.00 19.1%
Engineering Fees 0.00 3,980.15 -3,980.15 -100.0%
Legal Fees 15,327.27 12,479.44 2,847.83 22.8%
Total Professional Fees 15,577.27 16,669.59 -1,092.32 -6.6%
Repairs 10,050.00 20,107.90 -10,057.90 -50.0%
Supplies 8.43 22.10 -13.67 -61.9%
Taxes
Federal 0.00 1,608.00 -1,608.00 -100.0%
Total Taxes 0.00 1,608.00 -1,608.00 -100.0%
Page 1
Rural Ditch Company
01/06/03 P&L Previous Year Comparison
January through December 2002
Jan-Dec'02 Jan-Dec'01 6 Change %Change
Travel&Ent
Meals 85.25 0.00 85.25 100.0%
Meeting Expense 0.00 50.00 -50.00 -100.0%
Total Travel&Ent 85.25 50.00 35.25 70.5%
Vehicle Expense 5,700.00 3,500.00 2,200.00 62.9%
Total Expense 50,449.10 58,175.15 -7,726.05 -13.3%
Net Ordinary Income 16,400.90 -28,615.03 45,015.93 157.3%
Other Income/Expense -
Other Income
Interest Income 897.06 1,127.56 -230.50 -20.4%
Interest on Unpaid Stock Assess 9,952.40 0.00 9,952.40 100.0%
Total Other Income 10,849.46 1,127.56 9,721.90 862.2%
Net Other Income 10,849.46 1,127.56 9,721.90 862.2%
Net Income 27,250.36 -27,487.47 54,737.83 199.1%
Page 2
March 23, 2002
Longmont, Colorado
The regular annual meeting of the Stockholders of the Rural Ditch Company was held in
the South Basement Meeting Room of the First National Bank Building, 4th Avenue and
Main Street, Longmont at 10:00 a.m. The meeting was called to order by President Frank
Sewald.
With those in attendance and the returned proxy forms 37.22 shares were represented
which constituted a quorum.
The minutes of the last annual meeting held February 24, 2001 were read and approved.
The Financial Statement of the Company was reviewed and approved by motion and
second after comment regarding the new structure that was constructed. This structure
will be used by Varra, Weld County and Hall Irwin. Weld County will reimburse the
Company for 1/2 of the cost of the new structure. Also, there were costs incurred for
concrete work at Idaho Creek plus the Company rented a trackhoe for a week.
Superintendent Norm Armstead reported that the Parshall flume at the river headgate had
been grouted; however it will need to be repaired or replaced since the device is not
accurately measuring the water diverted into the ditch. Mr. Armstead used a rented
trackhoe between Idaho Creek and Caminesch's place as well as at Hall Irwin's. The
structure at Rademacher's will need to be repaired this year at an estimated cost of
$8,000.00. Mr. Armstead will again use a trackhoe from the Smith and Emmons Ditch to
Idaho Creek. This past year, he has had some of the wooden walkways replaced with
metal and guardrails. He intends to have several more converted to metal in the future.
Attorney Wendy Rudnik reported on various cases and carriage agreements in which the
Company is engaged. The requests for carriage agreements have come from a variety of
applicants needing to fill gravel pits. The Company recently concluded negotiations for
an.agreement with the Rademacher Family for the permanent right to deliver 7 CFS of
non-stock water. Each of the applications is being reviewed and negotiated on an
individual basis. Ms. Rudnik reiterated that the requests are secondary to shareholders
water in that shareholders always have first right and the foreign water is secondary. The
Company is selling the carriage rights to offset Company expenses, and the Company
will maintain control of the ditch for carriage and delivery of any foreign water. At this
time, the offer to all applicants has been $6,000.00 per CFS with $8.00 per acre foot
carriage charge that will be adjusted for inflation.
Ms. Rudnik also reported that the Company has finalized an agreenient with K&B
Homes for a dual water system at their development. K&B did not change the water
right or point of diversion just that they will be utilizing their stock water to irrigate
landscaping.
In the matter of Stock Assessments, the motion was made, seconded and unanimously
approved to raise the assessments to $500.00 per share.
The Election of Officers was called for. A motion was made to retain the present
trustees. The motion was seconded. A nomination was made by Marilynn Rupple and
Janet England for Leland Ridnour to the Board. The original motion was upheld and
voted. With the exception of Rupple and England, all votes were in favor of retaining the
existing Board of Mr. Sewald, Lohmann, Camenish, Burch and Gould.
With no further business appearing, the meeting adjourned.
Secretary
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