44th Annual Meeting
February 07, 2023
The Directors whose terms are expiring in 2023 are as follows:
Kayla Errebo in Area 1: Ellsworth County, Saline County, Barton County
Howard Wehrman in Area 2: Lincoln County, Ottowa County
Brad Miller in Area 3: Russell County, Osborne County, Ellis County
These positions are available for re-election during the annual meeting.
Annual Meeting & Voting Rules According to District’s By-Laws:
During the annual meeting, participating Benefit Unit Owners who are eligible to vote, will elect for a term of three years the number of Directors whose terms of office have expired from their area.
Participating members in each area shall vote for the Directors nominated from their area. The areas are described as follows, to wit: Area One shall include all participating members in Ellsworth County, Barton County and Saline County. Area Two shall include all participating members in Lincoln County and Ottawa County. Area Three shall include all participating members in Russell County, Osborne County and Ellis County.
Only participating members shall have the right to vote, and each participating member shall be entitled to a single vote, regardless of the number of Benefit Units to which he may have subscribed: Provided, all owners of land located within the District shall be eligible to vote at meetings of landowners until ninety (90) days after a declaration of availability of Benefit Units and unit fees have been entered by the Board in its minutes. There shall be no proxy voting, and no dual ownership of Benefit units, for voting purposes. A participating member may be an individual, firm, partnership, association, or corporation. Participating members shall be:
- Owners of land located within the District who have subscribed to one or more Benefit Units: Provided, payments of charges are current on at least one of the Benefit Units.
Immediately following the annual meeting of the participating member, the Board shall meet and shall elect a Chairman, Vice-Chairman, Secretary and Treasurer, from among themselves, each of whom shall hold office until the next annual meeting and until the election and qualification of his successor unless sooner removed by death, resignation or for cause. The office of the secretary and treasurer may be held by one person.
POWERS AND DUTIES OF DIRECTORS
Section 1. The Board, subject to the restrictions of law, and these By-Laws, shall exercise all the powers of the District and without prejudice to or limitation upon their general powers, it is hereby expressly provided that the Board shall have, and is hereby given, full power and authority in respect to the matters as hereinafter set out:
(a) To select and appoint all agents and employees of the District or remove such agents and employees of the District for just cause, prescribe such duties and designate such powers as may not be inconsistent with these By-Laws, and fix their compensation and pay for faithful services.
(b) To borrow from any source money, goods, or services and to make and issue notes and revenue bonds, and other negotiable and transferable instruments, and to apply for and expend grant funds obtained from the Federal or State Governments or any agency thereof, mortgages, and to do every act and thing necessary to effectuate the same.
(c) To prescribe, adopt and amend, from time to time, such equitable and uniform rules and regulations, as in their discretion may be deemed essential or convenient for the conduct of the business and affairs of the District, and the guidance and control of its agents and employees.
(d) To fix charges to be paid by each water user for services rendered by the District to him, the time of payment, and the manner of collection, and to establish equal rates for farm members and non-farm members according to the amount of services furnished.
(e) To require all officers, agents and employees, charged with the responsibility of the custody of any funds of the District to give adequate bond, the cost thereof to be paid by the District, and it shall be mandatory upon the Directors to so require.
(f) To select one or more banks to act as depositories of the funds of the District and to determine the manner of receiving, depositing and disbursing the funds of the District in the form of checks or electronic funds transfers, and the person by whom the same shall be signed or made on behalf of the Chairman, with the power to change such bank or person signing such checks or making such transfers and the form thereof at will. (Revised February 28, 2009)
(g) Prepare annually an estimated budget for the coming year, adjust water rates, if necessary, to produce sufficient revenue required by such budget, cause an annual audit of the District records and accounts to be made, and make a report on said matters at each annual meeting of participating members.
BY-LAW AMENDMENT BALLOT
THE FOLLOWING IS THE PROPOSED AMENDMENT TO ARTICLE 7, SECTION 1 OF THE BY-LAWS OF RURAL WATER DISTRICT NO. 1, ELLSWORTH COUNTY, KANSAS:
Election of Directors
Section 1. The Board of this District shall consist of nine (9) members, all of whom shall be participating members of the District: Provided, however, that the original Board shall consist of owners of land located in the District. The Directors elected at the time of the incorporation of the District shall be elected for staggered terms of one, two and three years, and shall serve until the expiration of the term for which they were elected as shown by the minutes of the original meeting of the landowners, and until their successors are elected and have qualified. At each annual meeting of the participating members, the participating members of each area as described below shall elect for a term of three years the number of Directors whose terms of office have expired from their area. The Director receiving the most votes from the area shall be the one who shall win the election. Participating members in each area shall vote for the Directors nominated from their area. The areas are described as follows, to wit: Area One shall include all participating members in Ellsworth County, Barton County, McPherson County and Saline County. Area Two shall include all participating members in Lincoln County and Ottawa County. Area Three shall include all participating members in Russell County, Osborne County and Ellis County.
PURSUANT TO CURRENT BY-LAWS EACH PARTICIPATING MEMBER PRESENT AT THE ANNUAL MEETING MAY VOTE ON THIS PROPOSED AMENDMENT, WITH ¾ MAJORITY REQUIRED TO PASS SAID AMENDMENT.
SHOULD THE ABOVE AMENDMENT BE APPROVED?
PARTICIPATING MEMBER NAME: _____________________________