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Green Acres Water Association Articles of Incorporationm 0 �n R H [ Cd Q• Vl W O' A-, 04 w � O � `� f� W rA O E-f..' U) C1 H O W f-a +a ct� m W FBI N DEPARTMENT OF THE SECRETARY OF STATE OF THE STATE OF MONTANA I, Sam W. Mitchell, Secretary of State of the State of Montana, do hereby certify that the annexed is a full, true and correct copy of ARTICLES OF INCORPORATION OF GREEN ACRES WATER ASSOCIATION as received and filed in this office on the twenty-third day of April A. D. 1952, at the hour of 1:15 otclock P.M. IN WITNESS WHEREOF., I have hereunto set my hand and affixed the Great Seal of the State of Montana, at Helena, the Capital, this 23rd day of April, A. D. 1952. Sam W. Mitchell Secretary of State. By Clifford L. Walker (SEAL) Deputy ARTICLS3 OF MOM- POIRATION OPMEN ACRES WA'I`ER. ASSOClATIONs e, the undersigned, for the purpose of foraying s corporation pursuant to Sections 15-1401 to 15»1409, inclusive, R.0*14.1 1947r and pursuant to the attached Resolution of the Green Acr s Watar Associn-► Lion, an unincorporated association# in regularly celled meeting of the members of said asbociation, adopted bye majority vote of said members them in attendance', hereby adopt the following certificate or Articles of Incorporation: 1* the name of this corporation shall be "MMN ACRE AT,�R water to the members of this corporation, by and through water mains of the corporation, subjoct to the charges and ro ulatiohn of said City of Kalispell, Montana, and further subject to regulations of the corporation to be promulgated in By-laws to be adopted by said corporation, and the members thersof l and -0140 d: Not to become a public utility, nor to assure any con- tractual liability for the furnishing of water to the public, or the members of the corporation, but solely to furnish facilities in the ,fore of water mains to permit the City ref Kalispell, Montana, to transport water from its city water mains and deliver such grater .to the members of this corporation; This corporation shall continue to exist perpetually, un- less dissolved by a majority vote of its members* then in good stand- ing, and shall have and possess the following powers: a* To sue and be sued; b* To contract and be contracte-d with; , s. To receive property by devise or bequest, subject to the laws regulating the transfer of property by wills and to otherwise acquire ,and hold all property, real or personal, including shares of stock, bands and securities of other corporations; d. To Tact as trustee under any trust Incidental to the principal objects of the corporation, and to receive, hold, administer, and expend funds and property sub- ject to such trust; a. To convoy, exchange, lease wortgaga, oncumber, transfer upon trust or otherwise diapose of all property, meal or personal; f. To borrow money, contract debts, and issue bonds, notes . and debentures, and secure the same; g. To do all ether ants necessary or expedient for the administration of the affairs and attainment of the pur- poses of the corporation; hw To have and use a corporate seal.. and geaerally to have all power necessary, needful or desirable for the full and complete exercise of any,of the powers abovs set forth; 4. Tkl%.s moinbership of this corporation shall consist of the undersigned Board. cif Directors and their successors,in office, and such other individuals as may be'elected to membership in the manner provided by the say -laws; 40- . There shall be no capital stock in this corporation,but each member shall be issued a cartifi cate of membership, representing a beneficial$ equal interest in the corporation, transferable by act or inheritance; one person may hold more than one membership only under conditions expressly provided by the By -lawn; +6. The management of this corporation shall be Vested in a Board of fire (5) Directors, including the offices of President, Vice- President, Secretary -Treasurer, and. two (2) additional Directors, all of whoa shall be elected for a term of one year at the annual. meetirngb The First Board of Directors# who shad hold office until their suo- cessors are regularly elected at the First Annual Meeting, and the respective office for which they are hereby appointed., or until a successor is appointed in case of vacancy, shall consist of the follow- ingI Offer Address C3.N.Fai.rbanks President Route 2, Kalispell, Montana. Ira N. Peterson Vice -President Rotate 2, zali.spell, Montana. Emma Macey Secretary -Treasurer Route 2, Kalispell, Montana, Fred R. iaRoque Director Roue 2, Kalispell, Montana. John Sudan 'Director Route 2, Kalispell, Montana. 7• The annual meeting of the corporation shall be held at the home of the Secretary, or such other place as may be designated by the Board of DCrec�ore, on the fourth Saturday of each April, df :each year, commenoi.ng April 26, .1952; Bp All vac anciels on the Hoard of Directors shall be filled by the remaining Directors, by majority vote; 9• This corporation does not contemplate the distribution of pecuniary gains, profits or dividends to the Members, and pecuniary profit is not the object, or any object of this torpor'ation. -3-m IN WITNESS 77MEOF the undersigned have hereunto not their hands and executed this instrument, the :. ... day of April, 1952. C It STATE OF M)NTANA ) COUNTY OF PLATHEAD � On this day of Aprils 1952, before me, the underoi.gned, a Notary Public in and for the State aforesaid, personally appeared Co N. FAIRBt NKS, IRA N. PI ET�� ON? PMA MA -'Y, FRED R. LaROQUE and JOHN SUUANt. known to me to be the pereono who3e name are suboori.bed to the foregoing instrument, and acknowledged to me that they executed the same, IN WITHESS 4 ISR ,0F I have hereunto $at ray hand and affixed my Notarial Seal the day and year last above written. SIG hAv rrec ota Y lie for the .State of Montana Residing at Kali spell i Montana My Commi.ssi.on expir-is Feb. lot, 1955. R E S O L U T I O N WHEREAS the G een Acres Water Association was formed by contract, _dated _, 19_jLLC, between and others, to hold, own and operate a water distribution system to the lands of such parties, on a non --profit basis; and WHEREAS said non-profit association has continued to so own and hold said water distribution system and, during the intervening years, has admitted various other persons to membership on the basis of payment to such association of a membership fee equivalent to the pro rata cost of said water distribution system; and WHEREAS said Green Acres Association by mutual consent of said members has each year elected the following officers for the management of the business and the affairs of said association, to -wit: President, Vice --President, Secretary - Treasurer and two other Directors; sad WHEREAS, the regularly elected officers and directors of said association for the fiscal year ending March 31, 1952, are as follows: C. N. Fairbanks, President; Ira )12. Peterson, Vice -President; Emma Maxey, Secretary -Treasurer; Fred LaRoque, Director; and John Sudan, Director; and WHEREAS the members of said association deem it to be to the best interests of said Association and each member and person interested therein that said Green Acres Waters Association be incorporated, under the laws of the State of Montana, as a non- profit corporation, to own, hold and manage said water distribution system, and any and all other property of said association, as such non-profit corporation for the use and benefit of said members; NOW, THEREFORE, BE IT RESOLVED, by the members of the Green Acres Water Association, an unincorporated association, in re gulare ml meeting assembled, that such association form a non-pfoflt corporation, under the laws of the State of Montana, to own, hold and manage the water distribution system and any and all other property of such association; BE IT FURTHER RESOLVED, That the officers and directors of such Green Acres Water Association, be and they are hereby authorized and directed to take any and all steps necessary to organize said non-profit corporation and to sign any and all papers and documents necessary to carry out the provisions hereof; - 1 - BE IT FURTHER RESOLVED, that the name of said non-pro- fit corporation so to be organized shall be the Green Acres Water Association, a non-profit corporation, and that the various purposes and objects of said corporation, the number and term of the directors and all other matters required and useful in the Articles of Incorporation of said Green Acres Water Associa- tion, a non-profit corporation, within the general powers and scope of this resolution, be and are hereby delegated to and are hereby placed within the discretion and determination of the aforesaid officers and directors.of said Green Acres Water Association. Dated AAA ;M , 1952. / ....._. President �'l J c ,c.m;�.�L.�:•.,��. --� Vice -President Secretary-Treasurer Director Director STATE OF P%TIONTANA ) ss COUNTY OF FLATHEAD ) C. N. FAIRBANKS, IRA C. PETERSONEMR2A MAXEY, FRED LaRCQUE,and JOHN SUDAN, each for himself, herself, being first duly and severally sworn deposes and sags: That affiants are respectively the President, Vice- resident Secre- tary -Treasurer, and Directors of the Green Acres eater . ssocia-- tion, an unincorporated association, holding, owning and operating a water distribution system, together with other property, for the purpose of delivering water from the City Water Mains of the City of Kalispell, Montana, to the homes and properties of the members of said Association; that the members of said Green Acres Water Asso iation at the Regularly A:r4�114 Meeting of said members, held 1952 at tiv v�q e. near Kalispell -,Montana , duly and regularly a opte the certain Resolution to incorporate said Green Acres Water Association as a non-profit corporation, under the Laws of the State of Montana, a signed copy of which Resolution is attached to this affidavit and by this reference made a part hereof; And we do hereby each of us certify that the foregoing and attached Resolution of the Green Acres Water Association, an unincorporated association, is a true, full and correct copy of that certain Resolution duly passed and adopted by the members of such Association at the Regulard ti,.TW ,4 Meeting, held alLg_.� , 1952, and as d(ly entered in the minutes and records of such association as kept by the Secretary -Treasurer thereof., v z , Subscribed and sworn to before me this day of-E�-,br_uat-_7,1952. tary Public for the State of Mofitana Residing at Kalispell, Moat.' My Commission expires rC4.,