HomeMy WebLinkAbout630055.tiffAPPOINTING WILLIAM E SWARD
DIRECTOR OF HENRYL!N xttRIGATION
DISTRICT:
/
WHEREAS, Merl E. Dunham, President of the Henrylyn Irrigation District, a
quasi municipal corporation of Weld County, Colorado, presented a petition, attached
hereto, for the appointment of William E. Howard to fill a vacancy in the office of
director of the Henrylyn Irrigation District; and
WHEREAS, the Colorado Revised Statutes, 1953, 149-1-10 grants authority to
the Board of County Commissioners to fill said vacancy stating that appointee shall
hold office until the next general election of said district, and until his
successor is elected and qualified; and
WHEREAS, the Board of County Commissioners, believes it to be to the best
interests of the Henrylyn Irrigation Company to make said appointment.
NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners, Weld
County, Colorado, that William E. Howard be and he is hereby appointed as a director
of the Henrylyn Irrigation District, holding said appointment until the next general
election of the district and until his successor is elected and qualified.
The above and foregoing resolution was, on motion duly made and seconded,
adopted by the following vote:
DATED: FEBRUARY 11, 1963
AYES:,
THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
OO t
Minute Book 32: Page 213-214
HUGH SLOAN, PRESIDENT
MERL E. D:'NHAM, -DIRECTOR
PAUL JOHNSON. DIRECTOR
The Henrylyn Irrigation District
TELEPHONE: LENOX 6.4702
HUDSON. COLORADO
Board of County Commissioners
County of Weld
Weld County Court House
Greeley, Colorado
Gentlemen:
R. V. ROUSE, SECRETARY.MANAOER
DAVID_J. MILLER. ATTORNEY
February 5, 1963
Upon your recommendation to the Colorado Water Conservation
Board, Hugh M. Sloan was appointed as a member of the Steering
Committee to serve on the site selection for a channel reser-
voir on the South Platte River. By reason of the untimely
death of Hugh M. Sloan, a vacancy exists on the Steering
Committee for the County of Weld, State of Colorado. Mr. Robert
Gildersleeve, deputy director of the Colorado Water Conservation
Board, contacted David J. Miller and requested that a recommenda-
tion be arranged from the Board of County Commissioners of Weld
County to fill the vacancy.
Mr. Sloan served on the committee as the Weld County representa-
tive primarily upon recommendation of the Henrylyn Irrigation
District of which he was president until January 8, 1963.
The irrigated land owners under the Henrylyn Irrigation District,
the Henrylyn Irrigation District officially and the Farmers Reser-
voir and Irrigation Company have been in consultation upon the
question of a recommendation to you for the filling of this
vacancy.
It is the recommendation of the undersigned that Merl E. Dunham
who is now serving as president of the Henrylyn Irrigation District
be recommended to the Colorado Water Conservation Board by the
Board of County Commissioners of Weld County to fill the vacancy
on the Steering Committee.
R. V. Rouse, Secretary
Henrylyn Irrigation
District
Very truly yours,
�E.
` ""p Dunham,
r 'ei President
Henrylyn Irrigation District
/71
a vM
avid rd: Miller, Atey M. C. Sarchet, President
Henrylyn Irrigation Farmers Reservoir and Irrigation
District Company
HID/mp
STATE OF COLORADO )
) 88.
COUNTY OF WELD )
PETITION POE APPOINTMENT OW A DIRECTOR OF RENIYLYN
IRRIGATION DISTRICT, A QUASI MUNICIPAL CORPORATION,
WELD COUNTY, COLORADO
TO: T. V. Reed, Chairman and Commissioner, Millard B. Ewing,
Commissioner and Riser L. Shultz, Commissioner, acting as
the Board of County Commissioners of the County of Weld,
State of Colorado.
Come now the undersigned, Merl E. Dunham, president of the
Menrylyn Irrigation District and the sole surviving member of
its Board of Directors and R. V. Louse, secretary -manager of
Menrylyn Irrigation District and the other petitioners signatory
hereto and state:
1. That Menrylyn Irrigation District is a municipal cor-
poration organized under the Irrigation District Act of 1905,
C.R.S. Annotated 1953 Ch. 149 Article 1, Secs. 1 to 60 both incl.
2. That C.R.S. '53, 149-1-10 provides in part ■s follows:
"*** In case of a vacancy in the board of directors, by
death, removal, or inability from any cause to properly
discharge the duties me such director, the vacancy shall
be filled by appointment of the remaining members of the
board, and upon their failure or inability to act within
thirty days after such vacancy occurs, then upon petition
of five electors of said district, the beard of county com-
missioners of the county where the office of said board of
directors is situate, shall fill such vacancy. Any director
appointed shall hold his office until the next general elec-
tion of said district, and until his successor is elected
and qualified."
3. That Bruce B. Andrews was duly elected, qualified and
acting director of Renrylyn Irrigation District.
4. That the said Bruce B. Andrews departed this life on
January 10, 1963.
5. That Mugh M. Sloan was a duly elected, qualified and
acting director of Benrylyn Irrigation District.
6. That the said Hugh M. Sloan departed this life on
January 24, 1963.
7. That the undersigned petitioner, Mewl B. Dunham, is
the sole surviving director and the president of B*arylys
Irrigation District.
4. That by reason of the death of Bruce B. Andrews and
Bugh Y. Sloan, two vacancies exist in the office of director of
Benrylyn Irrigation District.
9. That C.R.S. '53. 149-1-10 was construed by the Supreme
Court of Colorado is the case of Kepley v. Postal* ex rel 'Iversen
74 Colo. 233, 230 pas. SO4, wherein said court hold that the
surviving director of the board of disinters of an irrigation
district did not have the authority to fill the vacancies of
two board members on the board of directors of an irrigation
district.
10. That the Board of County Commissioners of the County of
Weld, State of Colorado is now vested with full and sufficient
authority to appoint a director to fill the vacancy is the Board
of Directors of the Bearylyn Irrigation District arising by
reason of the death of Bruce B. Andrew'.
11. That the time for the filling of the vacancy *snood by
the Mott of Bruce B. Andreas by the Board of County Commissioners
of Weld County, Colorado is upon the expiration of Lb* thirtieth
day from the date of death of Bruce B. Andrews as is C.B.S. '53
See. 149-1-10 supra provided. to wit on February 11, 1943.
S
12. That the undersigned have mad* a canvass of those eligible
and have secured the suggestions of many qualified electors within
the district sad as a result of inquiry and investigation, now
nominate as eligible for appointment and willing to serve, William B.
Boward of Judson, Colorado.
WBBRBpOBB the undersigned pray that you, acting as the
Board of County Commissioners of the County of Weld appoint
William S. Howard director of Benrylyn Irrigation District, to
serve the unexpired term of Bruce B. Andrews, upon his taking the
oath of office and filing a bond as by law provided.
rl �am, esidenf
Henrylyn Irrigation District
1. V. House, Secretary-faaaser
IIenrylyn Irrigation District
Wass
4iz
Address
Jrwkaz-Ettzy,
STATE OF COLORADO )
) SS.
COUNTY OF WELD )
PETITION FOR APPOINTMENT OF A DIRECTOR OF HENRYLYN
IRRIGATION DISTRICT, A QUASI MUNICIPAL CORPORATION,
WELD COUNTY, COLORADO
TO: T. V. Reed, Chairman and Commissioner, Millard H. Ewing,
Commissioner and Elmer L. Shultz, Commissioner, acting as
the Board of County Commissioners of the County of Weld,
State of Colorado.
Come now the undersigned, Merl E. Dunham, president of the
Henrylyn Irrigation District and the sole surviving member of
its Board of Directors and R. V. Rouse, secretary -manager of
Henrylyn Irrigation District and the other petitioners signatory
hereto and state:
1. That Henrylyn Irrigation District is a municipal cor-
poration organized under the Irrigation District Act of 1905,
C.R.S. Annotated 1953 Ch. 149 Article 1, Secs. 1 to 60 both incl.
2. That C.R.S. '53, 149-1-10 provides in part as follows:
"*** In case of a vacancy in the board of directors, by
death, removal, or inability from any cause to properly
discharge the duties as such director, the vacancy shall
be filled by appointment of the remaining members of the
board, and upon their failure or inability to act within
thirty days after such vacancy occurs, then upon petition
of five electors of said district, the board of county com-
missioners of the county where the office of said board of
directors is situate, shall fill such vacancy. Any director
appointed shall hold his office until the next general elec-
tion of said district, and until his successor is elected
and qualified."
3. That Bruce B. Andrews was duly elected, qualified and
acting director of Henrylyn Irrigation District.
4. That the said Bruce B. Andrews departed this life on
January 10, 1963.
5. That Hugh M. Sloan was a duly elected, qualified and
acting director of Henrylyn Irrigation District.
6. That the said Hugh M. Sloan departed this life on
January 24, 1963.
7. That the undersigned petitioner, Merl E. Dunham, is
the sole surviving director and the President of Henrylyn
Irrigation District.
8. That by reason of the death of Bruce B. Andrews and
Hugh M. Sloan, two vacancies exist in the office of director of
Henrylyn Irrigation District.
9. That C.R.S. '53, 149-1-10 was construed by the Supreme
Court of Colorado in the case of Kepley v. People ex rel Everson
76 Colo. 233, 230 Pac. 804, wherein said court held that the
surviving director of the board of directors of an irrigation
district did not have the authority to fill the vacancies of
two board members on the board of directors of an irrigation
district.
10. That the Board of County Commissioners of the County of
Weld, State of Colorado is now vested with full and sufficient
authority to appoint a director to fill the vacancy in the Board
of Directors of the Henrylyn Irrigation District arising by
reason of the death of Bruce B. Andrews.
11. That the time for the filling of the vacancy caused by
the death of Bruce B. Andrews by the Board of County Commissioners
of Weld County, Colorado is upon the expiration of the thirtieth
day from the date of death of Bruce B. Andrews as in C.R.S. '53
Sec. 149-1-10 supra provided, to wit on February 11, 1963.
12. That the undersigned have made a canvassof those eligible
and have secured the suggestions of many qualified electors within
the district and as a result of inquiry and investigation, now
nominate as eligible for appointment and willing to serve, William E.
Howard of Hudson, Colorado.
WHEREFORE the undersigned pray that you, acting as the
Board of County Commissioners of the County of Weld appoint
-2-
William E. Howard director of Henrylyn Irrigation District, to
serve the unexpired term of Bruce B. Andrews, upon his taking the
oath of office and filing a bond as by law provided.
Name
acv 7.1 -
Merl E. Dunham, President
Henrylyn Irrigation District
R. V. Rouse, Secretary -Manager
Henrylyn Irrigation District
Address
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