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HomeMy WebLinkAbout67-80 RESOLUTIONt• \• • 1 • 4. RESOLUTION NO. (J 7 to A RESOLUTION APPROVING THE INCORPORATION OF A PUBLIC CORPORATION UNDER THE DROVISIONS OF ACT NO. 409 OF THE ACTS OF ARKANSAS OF 1967, AS AMENDED; APPROVING THE FORM AND CONTENT OF THE CERTIFICATE OF INCORPORATION FOR THE PUBLIC - CORPORATION; DESIGNATING THE INITIAL BOARD OF DIRECTORS FOR THE CORPORATION; PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMER- GENCY. WHEREAS, there has been filed with the Board of Directors of the City of Fayetteville, Arkansas (the "City") a written application for authority to incorporate a public corporation underthe prbvisions of Act No. 409 of the Acts of Arkansas of 1967, as amended ("Act No. 409"), and a proposed Certificate of Incorporation, which application and proposed Certificate of Incorporation are as follows: • MICROFILMED =1022 .189 • APPLICATION FOR AUTHORITY TO INCORPORATE A PUBLIC CORPORATION The undersigned hereby apply to the Board of Directors of the City of Fayetteville, Arkansas (the "City"), for authority to incorporate a public corporation under the provisions of Act No. 409 of the Acts of Arkansas of 1967, as amended, and in connection therewith state - 1. Each of the undersigned is a duly qualified elector of the City. 2. The undersigned believe .that it would be wise, expedient and necessary that such corporation be formed by the undersigned. 3. Attached hereto, and by this reference incorporated herein, is the proposed Certificate of Incorporation for such corporation, which we ask the Board of Directors to approve. DATED: June 25 , 1980. ___A/C#‘ -1,ef • -FILED I �?3 DaY OFR IS OF 19 Y Cori X1022 190 r • CERTIFICATE OF INCORPORATION Pursuant to the provisions of Act No. 409 of the Acts of Arkansas of 1967, as amended ("Act No. 409"), the undmrsigned Incorporators file this Certificate of Incorporation for the purpose of incorporating a public corporation under the provi- sions of Act No. 409. I. Incorporators A. The names of the Incorporators, together with their residences (each of which is in the City of Fayetteville, Arkansas), are as follows: Name Residence (Street Address) Walter Cox John McNair Richard I. Ezell 1405 Windsor Place 1949 Bois De Arc 2083 Austin Drive B. Each of the Incorporators is a duly qualified elector of the City of Fayetteville, Arkansas (the "City"). II. Name The name of the Corporation is "The Public Building Authority of the City of Fayetteville, Arkansas." III. Principal Office. The principal office of the Corporation shall be located at 19 E. Mountain St. in the City. IV. Board of Directors A. be managed by B. The business and affairs of the Corporation shall a Board of Directors. The number of Directors of this Corporation shall be 3. Each Director shall be a qualified elector of the City and shall be elected by the Board accordance with the provisions of of Directors of the City in Act No. 409. Each Director shall hold office for a term of six years; provided however, the initial Board of Directors shall be elected for staggered terms as follows: wenn 101 • one-third for two year terms, one-third for four year terms, and one-third for six year terms. C. The names and addresses of the initial Board of Directors and their terms, shall be as follows: Name Walter Cox Richard E. Ezell John McNair Address Term 1405 Windsor Place 2083 Austin Drive 1949 Bois De Arc 6 years 4 years 2 years V. Period of Duration The period of durationof this Corporation shall be perpetual,` -:unless dissolved in accordance with the provisions of Act No. 409. VI. Powers The Corporation shall have all the powers authorized for public corporations pursuant to Act No. 409. IN WITNESS WHEREOF, the undersigned Incorporators have subscribed this Certificate of Incorporation this 25th day of June , 1980. FIT 1022 192 • ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF WASHINGTON ) On this day before me, a Notary Public duly commissioned, qualified and acting, within and for the County and State afore- said, appeared the above named Walter Cox John McNair and Richard I. Ezell and stated that they have signed, sealed and delivered the fore- going instrument for the purposes therein set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this 25th day of ion expires: 'I `!'� Jar Vyy�{". {.. 4. , . r �tr''. June , 1980. Notary Public Inni022 193 •„ •• _ WHEREAS, after making the investigations required by Act No. 409 the Board of Directors has made the determination hereinafter set forth in this Resolution; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the City of Fayetteville, Arkansas: Section 1. That the Board hereby finds and determines: A. Each of the persons filing the application (herein- after referred to as the "Incorporators") is a duly qualified elector of the City; and B. It will be wise, expedient and necessary that such a Corporation be formed and that the Incorporators be authorized to proceed_ to form such Corporation. Section 2. The Incorporators be, and they hereby are authorized to form The Public Building Authority of the City of Fayetteville, Arkansas, in accordance with the provi- sions pertaining thereto set out in the application. Section 3. The form and contents of the Certificate • of Incorporation of The Public Building Authority of the City of Fayetteville, Arkansas, which is set forth in full in this Resolution, are hereby approved. Section 4. The following persons, which the Council hereby finds and determines are qualified electors of the City, are hereby collected to serve for the terms set opposite their respective names and to constitute the initial Board of Directors of The Public Building Authority of the City of Fayetteville, Arkansas: NAME TERM Walter Cox Richard E. Ezell John McNair 6"years 4 years 2 years Section 5. It is hereby found anddeclared that there are inadequate facilities for carrying on necessary misa22 194 ,_ .5 r J. governmental functions of the University of Arkansas System and that the most feasible way to provide the necessary • facilities is by the creation of the Corporation as in this Resolution provided, and that it is necessary to proceed promptly through the Corporation to provide adequate facilities for the University of Arkansas System. It is, therefore, declared that an emergency exists and this Resolution, being necessary for the immediate preservation of the public peace, health and safety, shall take effect and be in force from and after its passage and approval. PASSED: ATTEST: Atseln:c, City Clerk CERTIFICATE OF RECORD STATE OF ARKANSAS Washington County't .SS. 1, Alma L Kolimeyer: Circu rk and Ex -Officio Recorder for Washin �" �` gton County, do hereby certify that the annexed orf re• goi ' s[rument was filed for lid in my ffice on tha day of -s a o clocZM, and the same i -_ duly re rde.• r-' -recordA at pag Witness my hand and seal t s`day of 94i) �) Ciicuk Clerk and ficio Recorded Deputy Clerk i1022 195 A RESOLUTION APPROVING TITF !Ware Wp Oe peviuee lcln>I INCORPORATION or A PERLIt�m{toms The roseate CORPORATION UNDER THE PRO- wins. me l/m n tion er h VISIONS OF ACT NO. ay OF THE IYCMiem„ S /monition N 1R ACR OF ARKAASAS OP On, u F ht 0IMrryAUNnhtlHMllotl MENDED; APPROVING THY, Fayetteville. Aebmu' rhn'll n sell FORM AND CONTENT Or THE CER Moyin a once this Rrriulm, art Ta1RCATR OF CORPORATION noon n... The rMMiry ribs.! OR THE POBIJC CORPORATION: theConned torero hos oN, DESIGNATING THE IAL 6tIeoonee art pontos tlrtw, •est BOARD Df DIVLYTVRS FOR 111E tool, art berths leafletted l0 Nerve! OTHER CORPORATION; PRESCRIBING, ler Oetmnvl OTHER MATTCRS PELATINO n aM tocost4ae the Initial THERETO; AND DECLARING AN noted earn wooden ce TY ebb, EMERGENCY. TeMSIEAS. there has hen RW with thr nettes el the Ci N Fa.t Ills nrd ur pun lire "City") ty a written aWeratm Hae WNW, to Inmpate a park corpratimundet termise:se/ d lb. gltloeAce .IA�I^•• a IW. ere an and d net M �W MIOnk 1 ol d Iaupn. ae.ntea Prle aCwlienlm d PTb1 Cntlk M macre niobna." APRITATIu iNPRATIORnV A PUBLIC CORPORATION The le anal tetchy apply to the EWA a l W etas el tis ply 01Fayet W ide, Arkansas Ithe iNtyPis Iib ▪ utlmly I Bavwrde • wa+lic itt �;a wew-Be p�ar'1; erAct INS the Acts el Aeames 1.4744 t wetection h▪ �ar::mI I. Each of the notmiredd is • duly wPe uszak Ned c 2 believe that it w a.O by wise, eapedientwd let ,u amwntm te Nelrsed 1. Attached rano, iS by this referee, MvpWeis. es.. C • d Inupanin a Luce terra nm. wMm Ax ask the I BIN el OlrMmmapwve OATEN Junes. IMO Walter ret . . • 'JOS McNar - RRIUN1,F1e0 CERTIFICATE Or INCORPORATION s ryd �nt the provisions l Ir. m. d A.aamw al lm.n .menace r An Nn n'1. le uses. Miirtdiatle 1nrapwakn bO W. Cts We d nilq In the wr. relunderinterpretinger polk ayeN„ under Ow pavb4e tl Ad No. Ara quad the Ircaryvnan. togetched witicrhla Inr wine City 0 idemtheir rese AraannLare as lawns: MYl• elerrenI NeitherPlace Jane[Nnr •Itln RnhArt RkhaS1. Fall z ANNr MN 0. Each et es Ivmpiaten i.the I/ OaPd d electoret PnntMlb. Alec, ntNe•City..). • ILNe The ewe StrabarOy is 'Th P WAnNeynWai dLkciyd INANE Authority al the Cuy of • mOvvk. Animas. NAME TERM Wailer CON J ohn ▪ l EteD - ye n' McNairSect a a -i ONe dMaret that there art Iii d.glvrc amInn far carrying on Netsurf gaerna*Nal kW Nem Pe Udm.l wed Mimeses New mai That the IeWble way la path necessary facilities is by Ihr mallei S the Cerpaatlma.Inthis �eseholon pm ded. an that lib w� petered vg b A.t etn temp retie to pewit adequate roadies Ire the University of Arkansas System. G. therefore. declared that an nerteney exists any anthraces pWiri woman ; Ow Nm*N.b heMAItE.5 hey. shhaill takdl�N. force From and after its swage ▪ erapC,'.I NENED'July LIrl hdnTex x.p ATraT: a MLGly 6Itil ilea stall be Rand al a L. Mwnaln Ei.boa« l w'. BnrdNed dnisetm • A. The Wesal old atria of the Cw elOb shall t. runnel by a Bendel _e IMO be 3 nn macs MNall be Iellectifieded q YeINNSal and el the City in •nwdstem alth IN NNW, el N Lath Diads she/ bald df for • Harm d u pea: presided Now elNM.) Board d Oem ectNall r• ected for staggered terms •a MINE eneOmd for No year mo ow - /std for Nur per Inca and AN Nita eh year win. C. The names and upas d the !Nal Bond el Grecian and OW .dell huNavin: sJTnn Walter Cn lKS%Law ere: Jd+AltNak.l90hb RAN yea asteray V.PedW MOvanm The period O duple, dl.B CM. ' Farallon Ia aeeu<am with perpetual. Betas .meal Aa N.. o. The Carperatm abO have all the powers aotMad for p,Ok corpora., Ian pursuant l%Ac No. 4M. IN WITNESS WXmLPoF. the valor' signedInwptann haveMWVNd � p,M1 (b4Ont tl ImapNtel Wa DIA day of Jwe. MX_.naN'dye fm' ^i(' ' Jahn literate j': • ,•I Rinsed LEND STATEOFARKARASM[ COUNTY of WAHINOAw On Nb day bis ret, a NOW') PUN duly mnmulend. etallfiel and WIN NOW and la R Reny and Stile •ImniI. agartdJOAt NEN Mnd hierWiller 1. Ezell .rad amu WI they Nee stied. raid NA deenad the repuq sdnnem for Rwr{w4,Main ad IV TMONyNIRN,1 haveodantoselmybaNandsealthis nth • dalnJurt.'IRw.. aaaaN', Mc<rd Nnan Wb,e 1.MjmnmiOmvplm ' (NEI/N rt LXX—:i : WHEREAS, Nin nath,B the In • IBeard Dir Iota MaNN by nwrit VS IN d Ib delermlnalkin hereinafter set forth d that RMnM'. • • THEREFORE, BE 1T RESOUND by R Baird of Direc'aa dleCit)d FayeUniS.Mtamr. .., A.EioN0IMpterrfr pica thn$nann referred R 9—.--Its'I 11 a WY raI CdnmdmeCtry:am • edciall wlu es, a. enpedati .M n that wen a Ccepna,m be `u'm z"TmIR¢p Ia. b;ad they hewry r Jv/d 1 they NbI PRUpAe y tit STATE o1 ARKANSAS) i County of Washington y C44:1-1.- N 5p, ^0 h reby certify that 1 am the Publisher of THE NORTHWEST ARKANSAS TIMES, dally newspaper having a second class milling privilege. and being not leu than four pages of five column, each. published at a flied place of business and at • fixed (Willy) Intervale continuously In the City of Fayetteville. County of Washington, Arkansan for more than • period of twelve months circulated and distributed from an sot/bibbed place of Dualism to subscribers and readers generally of all classes in the City & County for a definite price for each copy, or a flzed price per annum, which price was find at what Le conidered the value of the publication. based upon the news value rad service value It co/tsinl that at feast fifty percent of the subscribers . thereto have paid rah tor their subscriptions to the newspaper or Its agents or through recognized news dealers Over • period of at least ala months; end that the mid newspaper publishes an avenge of more than forty percent news matin. 1 further certify that the legal notice hereto attached in the matter of �au eh( fotryik (40-1—Ph was published In the regular dally issue of said newspaper for I onvev-rti. • newt! nil as follows,: day nt5le._�._._19Pb the second Insertion on the - day of ' 19 The first insert, is on the the third. Insertion On the day Of 19 and the fourth Inertion on the .i T9 Sworn to and subscribed before me on this >r� de; of / No Public My Commission EEpIre.: Nees for Printing ; 14350. Cut of Proof Total 143.50 SNENNEENISN