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Home My WebLink About20203845.tiffUSE BY SPECIAL REVIEW (USR) APPLICATION FOR PLANNING DEPARTMENT USE: AMOUNT $ APPLICATION RECEIVED BY DATE RECEIVED: CASE # ASSIGNED: PLANNER ASSIGNED: PROPERTY INFORMATION (Attach additional sheets if necessary.) Is the property currently in violation? .0 No / El Yes Violation Case Number: Site Address: 18929 Elm Parcel Number: _0_8_0 3-18-0-03-002 Legal Description: L14-16-218, B4 North Greeley Townsite_ Section:18 , Township 06 N, Range 65 W Zoning District AG Acreage: .215 within subdivision? x U YES Townsite? x t Yes If yes, subdivision or townsite name: NORTH GREELEY AKA LUCERNE Floodplain xD No Geological Hazard x■ No Airport Overlay xli No / PROPERTY OWNER(S) (Attach addrtional sheets if necessary.) Name: Ralph T Anders Company: Lucerne, Inc Name of proposed business: Phone #: 970-352-3793 Email: Street Address: P.O. Box 14 City/State/Zip Code: Lucerne, CO 80646-0014 Name: Company: Phone #: Street Address: Email: City/State/Zip Code: APPL1CANT/AUTHORIZED AGENT (Authorization must be included if there is an Authorized Agent) Name: Julie Richards Company: Phone #: 970-302-0020 Email:Askjulierichards©gmail.corri Street Address: 5628 W 32nd Street City/State/Zip Code: Greeley, CO 80634 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. All fee owners of the property must sign this application. If an Authorized Agent signs, an Authorization Form signed by all fee owners must be included with the application. If the fee owner is a corporation, evidence must by in d -.d indicating the signatory has the legal authority to sign for the corporation. 01/01/2020 ,,ttOA to Date Signature Date Print DEPARTMENT CF PLANNING AND BULDNG DEPARTMENT O ?UBLOC HEALTH. AND ENVIRONMENT 1555 NORTH 17Th AVENUE GREELEY, Co 50631 AUTHOR TDOM rcra FOR BUILDS PLANkENG AND HEALTH DEPMIZENT PERViii3573 AVM SERVGCES It_ lei ewe., (Owner please print) to apply nor any Planning, Buildin or boated at: U 37 tit!. C tuI� y is !}te0 $» /V tr Ca; re • Le 011 Legai Description: give pek'r ss ` (Applicant/Agent — please print) E epa anent permits or servicasi on our baba for the property • 3 t .� o r' + C 'o &i! O Rangeea ve, Subdiv:ision Name:14 _ Prop -wt. Ownere Information: r't�^ t ApplicarRIMent Cant= OS• ii ti a Ftto . tY _ ' • i. 1 a. a Email correspondence to biz, sent to: weer Lot Bock k tom' ••r+'r V Applicant./ikon Postal service torrespondonce to be sel to: (h439,e lardy one) Owner Ad Rional Info: piss"a _ g: Owner Signature: OwnOwneF att a: 7729/201e • USE BY SPECIAL. REVIEW (USR) QUESTIONNAIRE aType of use for which the application is being made. Ag Building Storage of Crops b. Current or previous use of the land, if any. N/A c. Include a statement delineating the need for the proposed use. The need is for Lucerne, Inc to store quantities of crops including Seed Corn Describe the uses surrounding the site and explain how the proposed use is compatible with them. The surrounding area to the west and north is general use AG businesses. The area to the east and south is residential e. Describe the proximity of the proposed use to residential structures. The residential structures to the west are 150 feet , The residential to the south is across Elm Street f. Describe the hours and days of operation (e.g. Monday thru Friday 8:00 a.m. to 5:00 p.m.). Hours of operation is M -F 8:00 AM to 5:00 PM April thru June will add Sat 8:00 AM to 5:00PM g. Describe the number of shifts and the maximumnumber of employees per shift. There is only one daytime shift and max employees at any given time will be 3 to help load or unload h. Describe the maximum number of users, patrons, members, buyers or other visitors that the use by special review facility is designed to accommodate at any one time. There is only one daytime shift and max employees at any given time will be 3 to help load or unload List the types and maximum numbers of animals to be on the site at any one time (for dairies, livestock confinement operations, kennels, etc.). N/A List the types and numbers of operating and processing equipment to be utilized None k. List the types, number and uses of the proposed structures to be erected. One Structure 50X100 Metal frame , 16 foot side Walls, 1/12 pitch roof, 2 14X16 Rollup doors, 2 Walk doors I. Describe the size of stockpile, storage or waste areas to be utilized, if any. N/A m. Describe the method and time schedule of removal or disposal of debris, junk and other wastes associated with the proposed use. There will be one small dumpster for trash subject to Eaton Disposal pick up times n. Include a time table showing the periods of time required for the construction of the operation. The building will be under active construction for 90 days o. Describe the type of lot surface proposed and the square footage of each type (e.g. asphalt, gravel, landscaping, dirt, grass, buildings). How many parking spaces are proposed? N/A q. How many handicapped (ADA) parking spaces are proposed? r. N/A s. Describe the proposed screening for all parking and outdoor storage areas. N/A t. Describe the existing and proposed landscaping for the site. N/A u. Describe the type of fence or other screening proposed for the site. N/A v. Describe reclamation procedures to be employed as stages of the operation are phased out or upon cessation of the Use by Special Review activity. N/A w. Describe the proposed fire protection measures. As required by building permit Explain how this proposal is consistent with the Weld County Comprehensive Plan. The building proposed on this property will store crops. It total supports the intent of the Agricultural goals to support all forms of the agricultural industry 3. Explain how this proposal is consistent with the intent of the zone district in which it is located. (Intent statements can be found at the beginning of each zone district section in Article Ill of Chapter 23.) This building is being built as an Ag Building and is surrounded on 2 sides with Ag businesses. 4. Explain how this proposal will be compatible with future development of the surrounding area or adopted master plans of affected municipalities. The future development in that area is for Ag related businesses 5. Explain how this proposal complies with Article V and Article XI of Chapter 23 if the proposal is located within any Overlay Zoning District (Airport, Geologic Hazard, or Historic Tow•nsites Overlay Districts) or a Special Flood Hazard Area identified by maps officially adopted by the County. N/A 6. 6. If the proposed use is to be located in the A (Agricultural) Zone District, explain your efforts to conserve prime agricultural land in the locational decision for the proposed use. This building will be for storage of Ag crops 7. Explain whether this proposal interferes with the protection of the health, safety and welfare of the inhabitants of the neighborhood and the County. This building will not interfere with the Health, Safety and Welfare of the inhabitants of the neighborhood or of the County Environmental Health Questions: 970-400-2702 1. What is the drinking water source on the property? If utilizing a drinking water well include either the well permit or well permit application that was submitted to the State Division of Water Resources. If utilizing a public water tap include a letter from the Water District, a tap or meter number, or a copy of the water bill. No water or septic is needed or proposed 2. What type of sewage disposal system is on the property? If utilizing an existing septic system provide the septic permit number. If there is no septic permit due to the age of the existing septic system, apply for a septic permit through the Department of Public Health and Environment prior to submitting this application. If a new septic system will be installed please state "a new septic system is proposed." only propose portable toilets if the use is consistent with the Department of Public Health and Environment's portable toilet policy. No water or septic is needed or proposed 3. If storage or warehousing is proposed, what type of items will be stored? Storage ofcrops mainly Seed Corn 4. Describe where and how storage and/or stockpile of wastes, chemicals, and/or petroleum will occur on this site. N/A 5. If there will be fuel storage on site, indicate the gallons and the secondary containment. State the number of tanks and gallons per tank. N/A 6. If there will be washing of vehicles or equipment on site, indicate how the wash water will be contained. N/A 7. If there will be floor drains, indicate how the fluids will be contained. N/A 8. Indicate if there will be any air emissions (e.g. painting, oil storage, etc.). N/A 9. Provide a design and operations plan if applicable (e.g. composting, landfills, etc.). N/A 10. Provide a nuisance management plan if applicable (e.g. dairies, feedlots, etc.). N/A 11. Additional information may be requested depending on type of land use requested. Public Works Questions: 970-400-3767 1. Include a traffic narrative with the information below. A traffic impact study may be required. Improvements to adjacent streets/roads may be necessary to provide adequate safe and efficient transportation to and from the site. An Improvements Agreement may be required a. The projected number of vehicle trips (average per day, maximum per day, peak hour data) to and from the site and the type of vehicles (passenger, semi -truck, etc.). Nov thru March 1 Pickup Truck per day March thru Oct Semi Trucks 2X a week, Pick up Truck 3-4 Times a day b. Describe how many roundtrips/day are expected for each vehicle type: Passenger Cars/Pickups, Tandem Trucks, Semi-Truck/Trailer/RV (Roundtrip = 1 trip in and I trip out of site) Nov thru March 1 Pickup Truck per day March thru Oct Semi Trucks 2X a week, Pick up Truck 3-4 Times a day c. Describe the expected travel routes for site traffic. The traffic for the Deliveries will mainly be coming from the south WCR 392 d. Describe the travel distribution along the routes (e.g. 50% of traffic will come from the north, 20% from the south, 30% from the east, etc.) 40% of the traffic will travel north on Railroad Ave for deliveries 60% will travel East and West across Railroad Ave to Lucerne, Inc Corporate Headquarters e. Describe the time of day that you expect the highest traffic volumes to and from the site. No "volumes" of traffic anticipated 2. Describe where the access to the site is planned. Access to the site is planned to be off Elm Street 3. Drainage Design: Design and construction of a detention pond as described in an approved Drainage Report is required unless the project falls under an exception to stormwater detention requirements per code. (See below.) Does your site qualify for an exception to stormwater detention? If so, describe in a drainage narrative the following: a. Which exception is being applied for? Include supporting documentation. The exception being applied for is an" individual parcel with total area less than, or equal to, 1.0 gross acre b. Does the water flow onto the property from an offsite source? If so, from where? c. Describe where the water flows to as it leaves the property. d. Describe the direction of flow across the property. e. Describe the location of any irrigation facilities adjacent to or near the property. f. Describe any previous drainage problems with the property. 4. If your site does not qualify for an exception, the following applies: a. A Drainage Report summarizing the detention pond design with construction drawings and maintenance plan shall be completed by a Colorado Licensed Professional Engineer and adhere to the drainage related sections of the weld County Code. b. The Drainage Report must include a certification of compliance, which can be found on the Public Works website, stamped and signed by the PE. c. See the attached Drainage Report Review Checklist. Exceptions to stormwater detention requirements: 1. A second dwelling permit in the A (Agricultural) Zone District. 2. Towers including, but not limited to, wind and telecommunication towers. 3. Pipelines or transmission lines, excluding laydown yards, metering sites, substations, and any other above ground appurtenances. 4. Gravel pits if the stormwater drains into the gravel pit. Releases from the site shall comply with the Weld County Storm Drainage Criteria, including dewatering. Topographical information shall be provided. 5. Development of sites where the change of use does not increase the imperviousness of the site. 6. Non -Urbanizing areas where the total pre-existing and post development impervious area produces stormwater runoff of less than, or equal to, 5 cfs for the 1 -hour, 100 -year, storm event. This exception shall be supported by calculations signed and stamped by a Colorado Licensed Professional Engineer. 7. Parcels with total area less than, or equal to, 1.0 gross acre. 8. An individual parcel with an unobstructed flow path and no other parcel(s) between the Federal Emergency Management Administration (FEMA) regulatory floodplain channel and the project. 9. A parcel greater than 1 gross acre and less than, or equal to, 5 gross acres in size is allowed a onetime exception for a new 2,000 sq. ft. building or equivalent imperviousness. 10. A parcel greater than 5 gross acres in size is allowed a one-time exception for a new 4,500 sq. ft. building or equivalent imperviousness. 11. Concentrated Animal Feeding Operation (CAFO), Animal Feeding Operations (AFO) and Housed Commercial Swine Feeding Operation (HCSFO) which are covered and approved by the Colorado Discharge Permit System (CDPS) regulations. 2. Portions of the site not included or covered by the CDPS permit shall comply with the Weld County Storm Drainage Criteria. Building Questions: 970-400-6100 1. List the type, size (square footage), and number of existing and proposed structures. Show and label all existing and proposed structures on the USR drawing. Label the use of the building and the square footage. One Structure Metal Building SOX100 5,00 square feet 3. Explain how the existing structures will be used for this USR. The structure will be used to store crops 3. List the proposed use(s) of each structure. From: Mike McRoberts <mmcroberts@weldgov.com> Sent: Wednesday, October 7, 2020 9:04 AM To: Kim Ogle <kogle@weldgov.com> Cc: Zackery Roberson <zroberson@weldgov.com>; Lyndsay Holbrook <Iholbrook@weldgov.com> Subject: PRE1Y-0235 - Drainage Narrative Accepted - Application Complete Hi Kim, The drainage narrative submitted by the applicant meets the drainage narrative requirements for this case. I have added a new entry in the RRE1S-0235 ASI table stating that the drainage narrative is acceptable and the application is complete as far as PW is concerned. Lyndsay Holbrook, the Weld County MS4 Administrator, has reviewed the parcel and surrounding lots within the subdivision and determined that this case does NOT need to meet any M54 requirements. Regards, Mike McRoberts, P. E. Development Review Engineer Weld County Public Works 1111 H Street, P.O. Box 758 Greeley, CO 80632 (970) 400-3798 PRE19-0235 DRAINAGE NARRATIVE Per Weld County Code, Section 8-11-40.1, there is an exception to stormwater detention (No. 10) which reads, "Parcels with total area less than, or equal to, one (1.0) gross acre. " The code also stipulates that exceptions shall be supported with an approved drainage narrative, which must describe at a minimum: 1. Any existing and proposed improvements to the property. We propose to build a crop storage building on this parcel 5,000 square feet 50x100 2. The exception being requested for consideration. The exemption requested is Number 10 3. Where the water originates if it flows onto the property from an off -site source. It does not appear to have an off -site source of water. 4. Where the water flows as it leaves the property. Historically the rain flows to the street 5. The direction of flow across the property. The direction of the flow is NW to SE 6. Previous drainage problems with the property, if any. No drainage problems known 7. The location of any irrigation facilities adjacent to or near the property. None Known 8. Any additional information pertinent to the development. None Known Traffic Narrative for USR 19-0235 1. Describe how many roundtripslday are expected for each vehicle type: Passenger Cars/Pickups, Tandem Trucks, Semi-TrucklTrailer/RV (Roundtrip = 1 trip in and 1 trip out of site) ?.. Semi Trucks 2 Roundtrips a week for delivery of inventory, TWO Pickup tricks daily to move inventory to main facility across the street Describe the expected travel routes for site traffic. The travel route most used will be across Railroad Ave between Elm and Maple Street by our employees 3. Describe the travel distribution along the routes (e.g. 50 of traffic will come from the north, 20 from the south, 30 from the east, etc.) The Semi Trucks will be 100% coming North 2 Blocks coming from 392. 4. Describe the time of day that you expect the highest traffic volumes from above. M -S 7:00 AM to 4:00 PM 5. Describe where the access to the site is planned, Access is planned to be from Railroad Ave 6. Describe the plans or containment for the stormwater runoff. Stormwater r runoff will be to Railroad Ave to the west, Elm Street to the south and the alley to the North FEE $ _. 2 s *j_ ***ON oh a F0RE*** DATE DUE /94 REPORT YEAR ALL CORPORATIONS AND LIMITED LIABILITY COMPANIES MUST FILE THEIR BIENNIAL REPORT NO LATER THAN THE END OF THE SECOND MONTH FOLLOWING THE MONTH IN WHICH THE REPORT FORM WAS MAILED_ MAILING DATE 06/01/94 STATE OF COLORADO BIENNIAL REPORT OF A CORPORATION OR LIMITED LIABILITY COMPANY READ INSTRUCTIONS ON REVERSESIDE BEFORE COMPLETING r 007 THIS FOAM MUST BE TYPED THE INFORMATION BELOW IS ON FILE IN THIS OFFK)E CORPORATE NAME REGISTERED AGENT. REGISTERED OFFICE, CITY, STATE & ZIP 27114&666 DP ST AT EI CCUNTRY OF IN C RALPH T. A DE RS LUCERNE, INC. LUCERNE CO 80646 Return completed reports to: Department of State Corporate Report Section 1560 Broadway, Suite 200 Denver, CO 80202 OFFICERS NAME AND ADDRESS ANGERS, ALPH T 421e 22ND ST RD GREELEY CC 83634 TITLE PR TYPE NEW AGENT NAME FIRST REPORT OR CORRECTIONS IN THIS I.jN1+ , OF FLO R. A. SIGNATURE OF NEW REGISTERED AGENT MUST HAVE A STREET ADDRESS 33041 Railroad Ave. CITY Lucerne, STATE ZIP 80646 co LEFFLER, DOWN 14492 HWY 392 GREELEY CO 3631 VP KTSSLZR, RJLANt 2152 31ST ST GREELEY Co 80631 S _ Allimummaiammmmin DIRECTORS OR LIMITED LIABILITY COMPANY MANAGERS PRIOR, RALPH 36390 WCR 29 EATON CO 80615 LEAFGi I r _ P LCX 1 LUCERNE Co 53646 32 00 WCR 41 GREELEY CO 80631 Address of Principal Place of Business in State or Gauntry of Incorporation Sc Street 3 4 FOR OFFICE USE ONLY 076' 941064859 1:45, 00 SOS 06-08--9k 15:09 (If you have less than 3 shareholders, you may list less than 3 directors) 1 3 4 11 13 14 f 21 23 24 25 State Zip NOTE: DO NOT USE THIS BOX IF THIS IS YOUR FIRST REPORT!!! SEE INSTRUCTIONS ON REVERSE. IF THERE ARE NO CHANGES SINCE YOUR LAST REPORT, MARK THIS BOX, SIGN BELOW AND RETURN WITH THE FEE AND BY THE DATE DUE INDICATED ABOVE (UPPER LEFT HAND CORNER). IF YOU ARE FILING AFTER THE DATE DUE ABOVE, CONTACT THIS OFFICE FOR THE PROPER FEE. (303) 894-2251 Under penalties of perjury and as an authorized officer, I declare that this bien- nial report and, if applicable, the statement of change of registered office BY and/or agent, has been examined by me and is, to the best of my knowledge and belief, true, correct, and complete. ; • SEE INSTRUCTIONS ON REVERSE President, Vi President, Secretary. (or assistant) or Treasurer (Mariann Title President June 2 19 94 Date Certificate Of Taxes Due Account Number R1260386 Parcel 080318003002 Assessed To LUCERNE INC PO BOX 14 LUCERNE, CO 80646-0014 Certificate Number 209382 Order Number Vendor ID 91 UNIFIED TITLE GREELEY 1275 58TH AVENUE, UNIT C GREELEY, CO 80634 Legal Description 13 713 L14-16-18 BLK4 NORTH GREELEY Situs Address 18929 ELM ST WELD Year Tax Interest Fees Payments Balance Tax Charge 2019 $171.66 $ 0.00 $0.00 ($171.66) $0.00 Total Tax Charge $0.00 Grand Total Due as of 05/18/2020 $0.00 Tax Billed at 2019 Rates for Tax Area 5054 - 5054 Authority WELD COUNTY SCHOOL DIST RE2 NORTHERN COLORADO WATER (NC EATON FIRE AIMS JUNIOR COLLEGE EATON REC DISTRICT HIGH PLAINS LIBRARY WEST GREELEY CONSERVATION Taxes Billed 2019 * Credit Levy Mill Levy 15.0380000* 38.4600000 1.0000000 9.0000000 6.3540000 6.3610000 3.2170000 0.4140000 Amount $32.34 $82.68 $2.15 $19.35 $13.66 $13.67 $6.92 $0.89 79.8440000 $171.66 Values SINGLE FAM.RES.-LAND SINGLE FAM.RES- IMPROVEMTS Total Actual $18281 $11,719 Assessed $1,310 S840 $30,000 $2,150 WARNING - THIS TAX CERTIFICATE DOES NOT WARRANT ANY TAXES OWED ON UNDERLYING ACCOUNTS, INCLUDING PARENT OR SIBLING ACCOUNTS. ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIER'S CHECK. POSTMARKS ARE NOT ACCEPTED ON TAX LIEN SALE REDEMPTION PAYMENTS. PAYMENTS MUST BE IN OUR OFFICE AND PROCESSED BY THE LAST BUSINESS DAY OF THE MONTH. SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY COMMISIONERS, THE COUNTY CLERK, OR THE COUNTY ASSESSOR. This certificate does not include land or improvements assessed under a separate account number, personal property taxes, transfer tax or misc. tax collected on behalf of other entities, special or local improvement district assessments or mobile homes, unless specifically mentioned. I, the undersigned, do hereby certify that the entire amount of taxes due upon the above described parcel of real property and all outstanding sales for unpaid taxes as shown by the records in my office from which the same may still be redeemed with the amount required for redemption are as noted herein. In witness whereof, I have hereunto set my hand and seal. TREASURER, WELD COUNTY, John R. Lefebvre, Jr. 1400 N. 17th Avenue Greeley, CO 80631 (970) 353-3845 Ext. 3290 May 18, 2020 10:37:00 AM Page 1 of 1 LUCERNE PO'ATOZ CROWS ARTICLE - Offices The principal office of he corporation the State of Colorado shall located in the Town of Lucerne, eounty The corporation may have such other offices, tither • within r_ or without the State or de, as the Board of Directors may designate or as the business of the corporation may require from time to time, The registered office of the corporation car �.ora tan required by The Colorado Corpornticii Act to maintained be maintained in the State of Colorado may be, but need not be, identical g nti cal with the principal office ir the State of Colorado, and the address of the registered office ff�ce may require from tie totime e by the Board of Directors. ARTICLE 11 Shareholders Section 1. Annual eeIin s } The _ share- holders shall be held on th e second Tuesday in the month of April ir each year, beginningthe �� year 1961, at the hour of 7:00 o'clock P.M., for thc purpose transaction of such ether business es may come before the If the d a y fixer' for the annual meeting shall be a legal holi day in the State of Colorado, such meeting eeting shall be held on the next -succeeding - • uccee��ng business day. If the election of Directors shall not be held on the d a y designated herein for any annual meeting of the shareholders, or . any adjournment thereof, the Board of Directors shall cause te election to be held at a s • special �. meeting of the shareholders ag soon thereFfter as conveiliertly for the holiir,.... a soecinl zectf section 20 holders, for arly purocse r"" 8PeClal IlleetihR8 of thc eciaI Meet: Stattite, may be caned Prad '�=' p s ii pew a 6U nice S P 0,22ieC ty the President at the 17 the Board of hdirectors of not less than of �`' t the hcIders the ontstPfldinr shares corperntion entitled to vote theP t the meeting. Section 3, Place cf ifeeting, The board designate any Y t'-‘plri within or Without s the pleep at c - L,flg for &r meetilig celled by the by -.9.11 sltrehciders entitled to vi:te at °lace. eitlyalq nisi yr without ttic otate he C tb tho liNfleterre office or section 4. ..Notice a �a 2 of Direct or or for A 117 r i e' of of dolorado, m@Gtinr. If no designation is made, .niSe called, the plat e of meeting ('n1 of the may Colorado fly special notice signed the place or if 07-nII he 1t e cc. r ura t cn in the State e Colorado. iinitten or rie. notice stein the nIPce, day ard hour cf thc meeting untingli fho purp900 or Durpoaas fur i en n ," o vacating i3 cf11101 shall he delivered not less than ten nor mere f ifty days before the d � t �. �� ' the �j t `� {"� ,may _ L ti meeting, t ftF either el 3 r s 4..J+L1 e or at tbe direction of thie Prsidpnt,or the geret9.ry or .il • officer or persons calling f e meeting, ci ech sharebcider of record entitled tovc+-e at sch tin.g, if mailed such notice shall he deemed to be delivereri when c epc s x i ed in the United States ?ail, addressed to the shareholder at his address as it appears on the stock transfer books of t cor nora t i.cn, with postvve t e neon rr epa.i s Section 50 to sj_? of Tr ns tr Books or pf. Record Date. 7 For the our o e of determinin shareholders entitled to notice of 0 J J to vote at any meeting of shareholders Or ary adjournment thereof, or shareholders entitled to receive payment of any dividend, or in order to make a n of shareholders for any other purpose, t h e Board f Directors f the corporation the stock transfer books shall be closed f o r a stated period rio t t not to exceed, in any case' fifty daysr If the stock transfer- shall be closed for the purpose of determining shareholders elas. titled to notice of or vote at a meeting of shareholders, such books shall ciosed for at least ten days imnediately preceding such. meeting° In lieu of closing the stock transfer books,the d Board Directors may fix in advance a date as the record dete "for such determination of shareholders, such date in any case to a_ r r be not more than fifty days and, in case of a meeting of shareholders9 not less than ten days pr,or to the date on which the particular action, requiring such ermination of hareholder, is to be taken. If. the stock tr7nsfer books are not closed and no record (in is fixed for the' determinatin of shareholders entitled to notice recieve payment of a dividend9 the date or which tice of the meeting is mailed or -die date on which the resolution of the Board Directors of declaring such dividend I adopted, , as the care may b shall be J -he record r such determination When a determination of shEreholders entitled of sh8reholders has been made as provided IE this section, such deteri a i s snt 11 apply to D.] adjournment thereof except where the determjnntion has been Irpe through the closing of the stock transfer books alel the .stated period of closing has expired. Section 6. Ouorum. A mpjority of the outstanding shares of 5 ar trustee may be voted by him, either in person or by proxy, - ��, but no trustee shall be entitled to vote shares held by him without a transfer of such shares into his Shares standing in the name of a receiver may be voted by such receiver, and shares held by or under the control of a receiver may be voted by such receiver without the transfer thereof into hG s name if authority so to do be contained in court by which such receiver was appointed. A shareholder whose shares are pledged shall be entitled to vote such shares until the shares have been transferred into the name of the pledgee, and thereafter the pledgee shall be entitled to A e shares o transferred. Shares of Its own stock belonging to the corporation or held by t in fiduciary capacity shall not be voted9 directly or indirectly, at �X+ any meeting, and shall not t he counted oud in the p �y 1 determining �+ v�. �„r � '�F � LL number of outstanding shares at any given time. Section 100 No Cumulat4ye Voin At each election for Directors every shareholder entitled to vote at such election shall have the right to vote, in person or by proxy, the number of shares owned by him whose election he has a right to vote. Cumulative voting shall not be allowed in the eleciion of Directors or for any other purpose. Section 110 Informal AcShat eho 1, r Q Any action required to be taken at a meeting of the shareholders or any other action which may be taken at meeting of the shareholders, may be taken witimut a meetin a consent in writing, setting forth the .cti on so taken, shall ned by all of the shareholders with respect to the subject matter thereof ARTICLE III Board of Directors Section 1. General Powers. The busi ness and affairs of the corporation shall be managed by its Board of Dire ctors. Section 2. Amber, Tenure and uali `i atior s. The number of directors of the corporation shall be seven. Each ,-,ach director shall hold office until the next annual meeting � of shareholders and until his successor shall have been elected and qualified. Directors need not be residents of the State of Colorado or shareholders of the corporation. Section 3. liggular Meetings. A regular meeting �of the Board of Directors shall be held without other notice than this by —lam immediately after, and at the same place as, the annual meeting of the shareholders. In addition to sDid regular � meeting the Board of Directors shall meet on the second Tuesday of each every and e� ,..ry month except when said cites shell fall or, a Sunday or holiday,. t heel on the next regul2r business day thepeafter. , Section 4+ eci a.ituttinue ecial meetiSpecial meetings s of the Board of Directors may be called by or at the request of the he President or a majority of the Board of directors. The person or perscns erti..�ns authorized to call special meetings of the Board of Directors may fix and place, either within or without the.State of Colorado, ns the place holding �e for any special ee tin of the Board of Directors called by them. Section 5. Notice. l oti c e of any special meeting Vii shell be given at least two days previously thereto by written o � tiee delivered personally or mailed to each dircetor at his business add re ss, or by telegram. If mailed, such notice shall be deemed to be delivered when deposited in the United States mail so addressed, wi th postage thereon prepaid, If notice be given by tele -re g , such notice shall be deemed to be delivered when the telegram is delivered to the tele- gr oh. company. Any director may waive notice of any , attendance of a director at meeting shall constitute a waiver of notice of such meeting, the express purpose of � ob' � c:ting to the transaction because the meeting is not lawfully ca l l ed or business to be transacted at, nor th.e pur p a s special meeting of the Board of ., Directors a�7 d notice or waiver of notice of . such meeting. Section 6 U UM. A majority of the number of directors fixed by Section, 2 of this Article III shall constitute a quorum rum for the transaction of business at any meeting of the Board of Direct ors, but if less than such majority is present at a meeting, a majority �.ority of the dircctars present may adjourn corn the meeting from time to ' me without further notice. Section 7. Manner of Algiits The act of the majority directors present at a meeting at which a quorum is present shall he the act of the Board of Directors. Section 8. Vacancies, Any vacancy occurring in the Board of Directors may be filled. by the affirmative vote of of a meeting for any business convened, Neither the of, be any regular or specified in the majority of the remaining directors though than less quorum of the Bo ard of Directors. A director elected to fill a vacancy shall be elected for the unexpired term of his predecessor . in office. to be filled by election at an annual meeting of shareholders celled for that s Section 9. Cquzaati on . By resolution of the Board of Directors, theDirectors may be paid theit expenses, if anya of attendance at each meeting of the Board of Directors, and may be paid a fixed sum for attendance at each meeting of the Board of Directol7s or a stated salary as director. No such payment shall preclude any director from serving the corporation in any other capacity and receiving compensation therefor. a Any directorship or at a special merting Section 13. E�'e�ptilLaof Assent. director of the corpora tion who is presc3nt at a meeting of the Board of Directors at which action on tany corporate matter is taken sha ll be presu to have assented to the action taenmunless his disse nt shAA. be entered in the minutes of the meeting or unless he shall file his written dissent to such action with t h e person acting as t h e Secretary of the meeting eetng the adjournment thereof or sh� ] l forward su c?' dissent by registered mail to the secretary of the corporation i � wed it o lr after the adjournment of the meeting. Such right to dissent sent shall not apply to a director who voted in favS, , of such action. ARTICLE IV Off leers Section 1. Number. The officers of the corporation shall be a presid : .t, one cr more ViceumPresiaenis (the number thereof to be determined by the Board of Directors), a secret ark , and a Treaurer each of whom shall be elected by the Board of Directors. Such other officers and assistant officers as may be deemed necessary may be elected or appointed by the Board of Directors. Any two or more offices may be held by the same person, except t � � the offices of President and Secretary. Section 2. tectlon and Term of Office. The off ice of the corporation to be elected by the Board of Directors shall be elected annually by the Board of Directors at the first meeting of the Board of Directors held after each annual meeting of the shar eholders. ers If the election of officers shall not be held at such meeting, such election sha.L ^ be held as soon thereafter as conveniently may be. Each officer shall hold office until his successor shall have been duly elected and shall have qualified or until his death or until he a shall resign or shall have been removed in the manner hereinafter provided. Section • Removal. Any officer or agent elected or appointed by the Board of Directors may be removedby �- the Board of Directors whenever in its judgment the best interests would be served thereby, such removal shall be with out prejudice to the contract rights, if any, of the person so removed. Section 4. Vacancies. A vacancy in any office death, resignation, removal, disqualification or otherwise, may be filled by the Board of Directors for the un expired empire portion of the term. Section 5. President. The President shall be the principal executive officer of the corporation and, subject ,. � to the control of the Board of D1redfors, shall in general super and control �' ,{. 1� vise � G1 .L 1� all of the business and affairs of the corporation,H e shall, when present, preside at all meetings of the shareholders and � of the Board of Directors. He may sign, with the Secretary � .eta r or any other proper officer of the corporation thereunto authorized by the Board of Directors, certificates for shares of the corporation, oration, any deeds, mortgages, bonds, contracts, or other instruments which the Board of Directors has authorized to be executed, except p-: in cases where the signing a.n6 execution thereof shall be expressly delegated a g ted by the Board of Directors or by these Bela s to some other officer or agent of the corporation, or shall be required by law to otherwise signed or executed; and in general shall erf rm alb. P` duties incident to the office of President and such other duties as be prescribed p - may �. oed by the Board of Directors from time to time. Section 6. The flcesPresjde,, In the absence of the President or in the event of his deaths inability or refusal t o _ act, the Vices President, (or in the event there be more than one VicesPresident, firesid.ent, the vice -Presidents in the order disignated at the time of their election, or in the absence of any designation, then in the order of their election) shall perform the duties of the President, and when hen so acting, shall have all the pe er s of and be subject to all l the restrictions upon the President. Any VicetswPresident may Secretary or an assistant Secretary9 certificates for shares the corporation; and sh$14 perform such other duties as from time may be assigned to him by the President or by the Board iretors. Section 70 The Sec,'eta r $ The Secretary shall: (a) of time to the minutes of the shareholders' and the Board {), Directors' meetings in o o or more books provided for that purpose.� (b) see that all notices are duly given in accordLnce with Bya law s 'Lest. require : by the law; Cc) be custodian of the corporate records and of the seal of the corporation and see that th e seal of the corporation is affixed to all documents, behalf of the corporation under its seal is duly authorized; (d) keep register of the post office address of each shareholder which. shall be furnished to the Secretaryb such shareholder; -� . � Ce) sign with the President, or Vice.President, certificates for shares of the corporatim the issuance of which -Jail hsve been authorized by resolution of the Bcard of Directors; (f) have general charge of the stock transfer books of the corporation; and (g) . n general l perform a l l duties incident to the office of Secretary and such other duties du��es as from time to time may be assigned to him. by the President the or by Board of Directors. Section 2fluarstal, If required by the Board of Directors the Treasurer shall givc a bond for the faithful discharge duties in such sum and with suCzn surety or sureties as the Board of Directors shall determine. He shall: (a) p }ave charge of a n d be responsible for .1. iii. l l funds CA n d securities the corporation; 4 receive prd give receipt or moneys due and payable to the corporation from any sourch whtsoevr, and deposit {�l � 1 such moneys in the name of the corporation in such banks, trust �� companies mpanies or other depositaries sw 4 as shall be selected in accordance with the provisions of Article V of these BIs 4 and perf orrc Li duties incident to the f f i c e of Treasurer and {(�y�]] (�7 a __ ^^' tirf � 1..K such other 4rl � � � r 4J as from time to Gime may be assigned to him by the President or the Board of Directors Section 90 aat I+u Ares. The assistant Secreteries, when authorized by the Board of Directors may sign with the Presidebt or a VicesPresident certificates for shares of the corporation (the issuance of which shall e_ve been authorized by resolution of the Ecard of Directors. The assistant Treasurers shall res e t vel , if required by the Boar bonds for the faflhful discharge of their duties in such sums nad with such. sureties as the Board of Directors.shall determine. 'he assistant Secretaries !'ild assistant Treasurers, in perform such duties as shall be assignedthem by the Secretary or by the Treasurer, respectively, or by te President or the Board of Directors. Section 13. Salaries. The salaries of the officers fixed from time to time by the Board of Directors and no officer shall be prevented fl'om receiving such salary by reason of the fact that he is also a director of the corporation. ARTICLE agataatail ;Dalv, Checks, and Raggla Section 1. Contracts. 1 The oars! of Directorsmay .uthoriz e any officer or officers, agent or agents, to enter yt or execute and deliver 2nd- instrument in tiel.,e nrme of .d on behalf of the corporation, and such authority may be general or confined to specific inst c so Section 2. Loans. No loans shall be contracted Cf behalf the corporation and no evidences of indebtness ne shall its name unless authorized by a resolution of the Board of Directors. Such authority may be general or confined to specific instances. Section 3. Cleleck9 Dr.afts1 etce All checks, drafts, or other orders for the payment of money, notes or other evidences of indebtedm ness issued in the,name of the corporation, shall be signed by such officers, Pgents or agcint of the corporation and in such manner as shall from timE to time be determined by resolution of the Board of Directors Section 4. agults, All funds of the corporation not otherwise employed corporation in such -1:ks, trust companies or other. depositaries as the Board of Directors may select. ARTICLE VI �� e r W i f i Si. L t s for r Shares and T �. �`` --.moo ransfer Section 1. Cert.ificates for p§mhaLgA. Certificates representing shares of thR corporation shall be in such form as shall be determined by the Board ,rectors. Such certificates shall be. signed by. the President or a Vicec=Pr?Zident and by the Secrrtary or an assistant SecretFry. All certificates for shares shell be consecutively numbered or otherwise identified. The name and address of the person to whcm the shares represented therebyare issued with • and the date of issue, hel.11 b entered on the n 9& of the cor,oration. All ertificates surrendered t the corporation for transfer slmll be cancelled ind no.new certificates shall be issued until the former certificates for a like number of shares shall have been surrendered and cancelled, except that in case of a lost, destroyed or mutilated certificate a new one mny be issued therefor upon such. terms and idemnity to the corporation as the Hoard of Directors may pr s rie 0 Section 2. Itano9t .�.,..$114pe.p. Transfer of shares of the corporati shall be made only on the stock transfer books of the corporation by the holder of record thereof or by his legal t representative, shall furnish proper evidence e of { utority to transfer, or by his attorney thereunto authorized by power of attorney duly executed and filed with the Secretary of the corporation,< nd fi n surrender for cancellation of the certificate for such shares. The person 5n whose name shares stand on the books of the corporation shall be r eemed by the corporation to be the owner thereof for all. purposes. ARTICLE VII Fiscal X1AL The fiscal year of the corporatien shall begin on the first day of March end on the last day February in each year. ARTICLE VIII Dividends The Board of Directors may from time to time corporation may pay, dividends on its outstnneing and upon the terms and conditions of incorporation$ be declared and the sht"Fres in the manner -_"id its articles ARtI+CLE IX Seal The Board of Directors shall provide a corporate seal which shall be circular form and shall have inscribed thereon the name of the corporation and the state of inccrporatian and the words "Corporate Seal." ARTICLE Waiver of Notice Whenever any notice is required to be given to any shareholder or director of the corporation under and r the provision of these By-laws or under the provisions ci' the articles of incorporation dr under the provisions of the Colorado Corporation Act, a waivEr thereof in. writing, signed by the persons or person entitled to such notice, whether before or after the time stated therein, h UU4 be deemed equivalent to the giving cf such notice. ARTICLE XI Amendments These By-laws may be altered, 'Amended or repealed and new By --laws may be adopted by the Board of Director at any meting regular or special, of the Board of Directors* Ammendment At the annual meeting of Lucerne Potato Growers,. Inc, on March 1, 19'7.. Article VII, Fiscal Year of the Corporation shall be changed to, beginning first g on the day of December and ending on the last day of November. Ammendment At the annual meeting of Lucerne Potato Growers, Inc. on January 20, 1980. The name of the corporation shall be changed from Lucerne Potato Growers, Inc. to, Lucerne, Inc.. Hello