HomeMy WebLinkAbout86-80 RESOLUTIONRESOLUTION NO. n („ -- go
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE A LEASE AGREEMENT WITH VICTIMS OF FAMILY
VIOLENCE, INC.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
That the Mayor and City Clerk are hereby authorized and
directed to execute a Lease Agreement with Victims of Family
Violence, Inc. A copy of the Lease Agreement authorized for
execution hereby is attached hereto marked Exhibit "A" and
made a part hereof.
PASSED AND APPROVED this /7'f(day of
APPROVED:
MAYOR
MICROFILMED,
1980.
CERTIFICATE OF RECORD
State of Arkansas ( SS
City of Fayetteville
I, Bonnie Goering, City Clerk and Ex -Officio
recorder for the City of Fayetteville, do here-
by certify that the annexed or foregoing is
of record in my office and the same ap-
pears in Ordinance & Resolution book
hand an
tit page
IS
Witness my
l fi day of
19
City Clerk and Ex OfE. in TD°
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,LEASE AGREEMENT
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THIS AGREEMENT executed this. S'day of 4112.9.0.5117,
1980, by and between the City of Fayetteville, Arkansas,
hereinafter called Lessor, and Project for Victims of Family Violence, llhc.
hereinafter called Lessee.
In consideration of the mutual covenants contained
herein, Lessor and Lessee hereby agree as follows:
1. Lessor hereby leases to Lessee, and Lessee hereby
leases from Lessor, the following described real property
and all improvements thereon:
Part of the South half of the Southwest Quarter of the Southwest
Quarter of Section 21, Township 16 North, Range 30 West, and
being more particularly described as follows, to -wit: Beginning
at a point 235' North of the Southwest corner of said 20 acre
tract, and running thence North 90'; thence East 150'; thence
North 235'; thence East 150 feet; thence North 100'; thence East
370'; thence South 34 degrees 52 minutes West 402. 2'; thence
South 18 degrees 26 minutes East 59. 8', thence South 12 degrees
30 minutes West 30', more or less to the Northeast corner of a
tract of land conveyed to Ardean Fallwell, et ux, in Deed Record
887 at page 97 of the records of Washington County, Arkansas,
thence West 450 feet, more or less, to the point of beginning;
said property being located at 1932 South Garland Avenue.
2. The original term of this Lease shall commence on
the 1st day of September 1980, and shall terminate on the
1st day of September, 1982 at 5:00 o'clock pm. This
Lease shall be automatically extended for an additional term
of two years unless written notice of termination is given
by Lessor or Lessee to the other party's last known mailing
address at least thirty (30) days prior to expiration of the
original term of this Lease.
3. In consideration for the use of the demised premises,
Lessee agrees to pay Lessor the sum of $ 1.00 per
year payable in advance on or before the 1st day. of each
January.
4. Lessee shall be responsible for payment of all
utilities, including electrical bills, natural gas bills,
water and sewer bills, sanitation service bills, telephone
bills, and cable television bills.
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5. Lessee agrees that it will keep and maintain
the demised premises and all improvements thereon in
good condition and repair at all times.
Lessee agrees to be responsible for yard maintenance
and for the maintenance of all heating, electrical and air-
conditioning equipment and plumbing on the premises.
Lessee, at its cost and expense, shall maintain and keep the
premises in as good repair as when the premises were received
or in their highest state of repair during the lease
term, ordinanry wear and tear and casualties beyond Lessee's
control alone excepted, and Lessee shall return the leased
premises at the expiration or termination of this Lease
in good order and condition excepting only ordinary
wear and tear and casualties beyond lessee's control.
6. Lessee agrees to carry fire and extended. coverage
insurance on the improvements on the demised premises,
which policy shall name Lessor as an insured and
Lessee agrees to maintain said policy in force throughout
the term of this Lease or any extension thereof. Said
policy shall be in an amount specified by Lessor.
Lessee shall file a copy of said policy with the City
Clerk of Lessor. Lessee agrees to notify Lessor in
writing of any amendments to or cancellations of said
policy. Lessor shall specify the amount of said
insurance.
7. Lessee shall maintain at all times a current
and complete record of all activities conducted on the
leased premises in a form requested by Lessor, and
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and Lessee shall submit a monthly activity report to
Lessor's Department of Community Development on or before
the 15th day of each month. Lessor and the United
States Department of Housing and Urban Development
shall have complete access to all of Lessee's records
during all reasonable hours and shall have the right
to inspect and copy said records.
8. Lessee shall maintain complete and accurate
monthly financial statements for all activities
conducted on the leased premises. Lessee shall file
a copy of each month's financial statement with
Lessor's Department of Community Development on or
before the 15th day of the following month.
9. Lessee agrees to hold Lessor harmless for
any claim, expense, loss or liability sufferedor
occasioned as a result -of Lessee's use or occupancy of
the demised premises.
10. The Lessee agrees to comply with all rules
and regulations as established by the Department of
Housing and Urban Development for programs financed
by the Housing and Community Development Act of 1974.
11. The .Community Development Program has been
developed so as to give maximum feasible priority to
activities which will benefit low and moderate income
failities or aid in the prevention or elimination
of slums or blight. The Lessee assures that the
funds will be used for these purposes.
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12. Lessee will comply with the regulations, policies,
guidelines and requirements of OMB Circular'No. A-102,
Revised, and Federal Management Circular 74-4 as they relate
to the application, acceptance, and use of Federal funds
under 24 CFR 570.
13. Lessee will comply with all requirements imposed by
HUD concerning special requirements of law, program requirements,
and other administrative requirements, approved in accordance
with OMB Circular No. A-102, Revised.
14. Lessee will comply with Title VI of the Civil
Rights act of 1964 (P.L. 88-352), and the regulations issued
pursuant thereto (24 CFR Part 1), which provides that no
person in the United States shall on the grounds of race,
color, or national origin, be excluded from participation
in, be denied and benefits of, or be otherwise subjected to
discrimination under any program or activity for which the
applicant received Federal financial assistance and will
immediately take any measures necessary to effectuate this
assurance.. If any real property or structure thereon is
provided or imporved with the aid of Federal financial
assistance extended to the applicant, this assurance shall
obligate the applicant, or in the case of any transfer of
such property, any transferee, for the period during which
the real property or structure is used for a purpose for
which the Federal financial assistance is extended, or for
another purpose involving the provision of similar services
or benefits.
15. Lessee will comply with Section 109 of the Housing
and Community Development Act of 1974, and the regulations
issued pursuant thereto (24 CFR Part 570.601), which provides
that no person in the United States shall, on the grounds of
race, color, national origin, or sex, be excluded from
participation in, be denied the benefits of, or be subjected
to discrimination under, any program or activity funded in
whole or in part with funds provided under 24 CFR 570.
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16. Lessee will comply with Section 3 of the Housing
and Urban Development Act of 1968, as amended, requiring
that to the greatest extent feasible opportunities for
training and employment be given to lower-income residents
of the project area and contracts for work in connection
with the project be awarded to eligible business concerns
which are located in, or owned in substantial part by,
persons residing in the area of the project.
17. Lessee will establish safeguards to prohibit employees
from using positions for a purpose that is or gives the
appearance of beingmotivated by a desire for private gain
for themselves or others, particularly those with whom
they have family, business, or other ties.
18. Lessee will comply with the provisions of the Hatch
Act which limits the political activity of employees.
19. Lessee will give HUD and the Comptroller General
through any authorized representatives access to and the
right to examine all records, books, papers, or documents
related to the program.
20. Lessee will insure that the facilities under its
lease or supervision which sall be utilized in the accomplishment
of the program are not listed on the Environmental Protection
Agency'.s (EPA) list of Violating Facilities and that it will
notify HUD of the receipt of any communication from the
Director of the EPA Office of Federal Activities indicating
that a facility to be used in the project is under consideration
for listing by the EPA.
21. Lessee will comply with the flood insurance purchase
requirements of Section 102(a) of the Flood Disaster Protection
Act of 1973,.P.L. 93-234, 87 Stat. 975, approved December
31, 1973. Section 103(a) required, on and after March 2,
1974, the purchase of flood insurance in communities where
such insurance is available as a condition for the receipt
of any Federal financial assistance for construction or
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acquisition purposes for use in any area, that has been
identified by the Secretary of the Department of Housing and
Urban Development as an area having special flood hazards.
The phrase "Federal financial assistance" included any form
of loan, grant, guaranty, insurance payment, rebate, subsidy,
disaster assistance loan or grant, or any other form of
direct or indirect Federal assistance.
IN WITNESS WHEREOF, the parties have executed this
Lease Agreement on the date first above written.
ATTEST:
CITY OF FAYETTEVILLE, ARKANSAS,
LESSOR
By:
tvt
MAY
LESSEE
By:
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SWAT'
PAUL RIVIERE
SECIE'IA111 01 STA'TE
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PAUL RIVIERE SECRETARY OF STATE
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CERTIFICATE OF AMENDMENT
OF
FAMILY VIOLENCE PREVENTION, INC.
CHANGING NAME TO
PROJECT FOR VICTIMS OF
VIOLENCE, INC.
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Original Articles filed:
Novembrr 16, 1979
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ARTICLES OF AMENDMENT
TO
ARTICLES OF INCORPORATION
OF
FAMILY VIOLENCE PREVENTION, INC.,
A NON-PROFIT CORPORATION
Original Articles of Incorporation filed with the Circuit Clerk of
Washington County, Arkansas, on March 12, 1979, and approved by said court
on March 12, 1979, and filed with the office of the Secretary of the State
of Arkansas on March 22, 1979, are hereby amended, changing ARTICLE FIRST
to read as follows:
"FIRST: The name of the corporation shall be Project for Victims of Family
Violence, Inc."
In witness whereof, the undersigned requests that the foregoing amend-
ment to Articles of Incorporation be recognized and duly recorded.
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Chair
STATE OF ARKANSAS )
COUNTY OF WASHINGTON)
ss.
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JOE $ REED, Secretary.
VERIFICATION
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The undersigned Chair and Secretary of Family Violence Prevention, Inc.,
now Project for Victims of Family Violence, Inc., a non-profit corporation,
hereby certify that the above and foregoing Articles of Amendment reflect
action of the corporation properly taken by said organization in its behalf,
and duly recorded in the corporate records.
SUZAN
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RR. Cha r JOE B: REED, Secretary
me this /S day of November, 1979.
SWORN TO AND SUBSCRIBED before
My Commission Expires:
C'c(- 4el /9S7/
NOTARY PUBLIC
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CERTIFICATE OF RESOLUTION
I, Joe B. Reed, the duly elected and acting secretary of Family
Violence Prevention, Inc., a non-profit corporation, do hereby certify
as follows:
That, as secretary of Family Violence Prevention, Inc., now Project
for Victims of Family Violence, Inc., a non-profit corporation, I am the
custodian of its records, including specifically minutes of meetings;
That, at a meeting of the membership (presently designated task force)
on April 24, 1979, notice thereof including actions to be taken having been
given as required by law and the by-laws of the corporation, the following
resolution was adopted:
RESOLVED: That the name of the corporation be changed from Family
Violence Prevention, Inc_. to Project for Victims of Family Violence,
Inc., and the form of Articles of Amendment attached hereto be adopted
for such purpose; further, the Chair and Secretary of this organization
are directed to execute documents, file documents with the Arkansas
Secretary of State and to take all other actions useful or necessary
for the lawful adoption of the new corporate name.
That, the foregoing resolution was unanimously adopted by the membership,
a quotum of which was duly constituted, after motion and second, in accordance
with organizational rules and procedures.
Witness my hand and seal this /C- day of November, 1979.
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JOE B. REED, Secretary
SWORN TO AND SUBSCRIBED before me this /S 14day of November, 1979.
/1-. / y0
NOTARY PUBLIC
My Commission Expires:
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SWORN TO AND SUBSCRIBED before me this
My Commission Expires:
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NOTARY PUBLIC
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CERTIFICATE OF RESOLUTION
I, Joe B. Reed, the duly elected and acting secretary of Family
Violence Prevention, Inc., a non-profit corporation, do hereby certify
as follows:
That, as secretary of Family Violence Prevention, Inc., now Project
for Victims of Family Violence, Inc., a non-profit corporation, I am the
custodian of its records, including specifically minutes of meetings;
That, at a meeting of the membership (presently designated task force)
on April 24, 1979, notice thereof including actions to be taken having been
given as required by law and the by-laws of the corporation, the following
resolution was adopted:
RESOLVED: That the name of the corporation be changed from Family
Violence Prevention, Inc. to Project for Victims of Family Violence,
Inc., and the form of Articles of Amendment attached hereto be adopted
for such purpose; further, the Chair and Secretary of this organization
are directed to execute documents, file documents with the Arkansas
Secretary of State and to take all other actions useful or necessary
for the lawful adoption of the new corporate name.
That, the foregoing resolution was unanimously adopted by the membership,
a quotum of which was duly constituted, after motion and second, in accordance
with organizational rules and procedures.
Witness my hand and seal this
IS Nday of November, 1979.
JOE B. REED, Secretary
SWORN TO AND SUBSCRIBED before me this J day of November, 1979.
NOTARY PUBLIC -
My Commission Expires:
C=' c-cL 4 Lt' /9
V/day of November, 1979.
SWORN TO AND SUBSCRIBED before me this /4>
My Commission Expires:
Oc-4 Si4f7g/
NOTARY PUBLIC
di'ii a}'sl`ii":ii 1111i0;19.;:p2 14iLp6t hi Op.s.•toi
CERTIFICATE OF RESOLUTION
I, Joe B. Reed, the duly elected and acting secretary of Family
Violence Prevention, Inc., a non-profit corporation, do hereby certify
as follows:
That, as ..secretary of Family Violence Prevention, Inc., now Project
for Victims of Family Violence, Inc., a non-profit corporation, I am the
custodian of its records, including specifically minutes of meetings;
That, at a meeting of the membership (presently designated task forca)
on April 24, 1979, notice thereof including actions to be taken having been
given as required by law and the by-laws of the corporation, the following
resolution was adopted:
RESOLVED: That the name of the corporation be changed from Family
Violence Prevention, Inc. to Project for Victims of Family Violence,
Inc., and the form of Articles of Amendment attached hereto be adopted
for such purpose; further, the Chair and Secretary of this organization
are directed to execute documents, file documents with the Arkansas
Secretary of State and'to take all other 'actions useful or necessary
for the lawful adoption of the new corporate name.
That, the foregoing resolution was 9nanimously adopted by the membership,
a quotum of which was duly constituted, after motion and second, in accordance
with organizational rules and procedures.
Witness my hand and seal this /6 11 day of November, 1979.
/ • •
JOF: B. REED, Secretary
SWORN TO AND SUBSCRIBED before me this /.S dday of November, 1979.
/L, /J c " ✓ e
NOTARY PUBLIC
My Commission Expires:
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F AIIILANSAS
CERTIFICATE OF INCORPORATION O1'' DOMESTIC
NON-PItO1'117 CORPORATION Q
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FILED
79 PPR 12 PI..� II
IN THE CIRCUIT COURT OF WASHINGTON COUNTY ARRANSA 2
IN THE MATTER OF THE INCORPORATION OF
FAMILY VIOLENCE PREVENTION, INC., a
Non -Profit Corporation
VASIWNW,::A'ir. ARK.
AL)44 I3LLMErEa
Only 115
NO. CIV -79
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ORDER O
On,this J ' day of March, 1979, comes on before the Court for hearing
the petition for incorporation of Family Violence Prevention, Inc. and, from
said petition setting forth the Articles of Incorporation, duly verified as
required by law, and other matters, things and proof, the Court finds:
1. That the Articles of Incorporation for Family Violence Prevention,
Inc., filed herein, appear in all respects to conform with the laws of the
State of Arkansas respecting the form of incorporation and purposes of a
non-profit corporation and same should be approved.
IT IS, THEREFORE, BY THE COURT CONSIDERED, ORDERED, AND ADJUDGED that
Family Violence Prevention, Inc. be, and the same is hereby approved for
incorporation.as a non-profit corporation pursuant to the laws of the State
of Arkansas; that the incorporator hereof shall cause the Articles of
Incorporation and a certified copy of this Order, in duplicate, to be
transmitted to the Secretary of State for the State of Arkansas together with
the required fee as established by law.
IT IS SO ORDERED.
PAUL JAMESON, Circu"W" dge
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'79 rinR 12 M I : 26
IN THE CIRCUIT COURT OF WASHINGTON COUNTY, ARKANSAS
'ASHINClull COUNTY, ARKQ.
AD;A KOLLWETER
;'CUf �p
IN RE: FAMILY VIOLENCE PREVENTION, INC., aCNon- roT'iK Corporation
NO. CIV 79- 05
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ARTICLES OF 'INCORPORATION OF
FAMILY VIOLENCE PREVENTION, INC., A Non -Profit Corporation
The undersigned, in order to form a corporation for the purposes
hereinafter stated, pursuant to the provisions of the Arkansas Non-profit
Corporation Act, Acts of Arkansas 1963, No. 176, as amended, does hereby
certify as follows:
FIRST: The name of the corporation shall be Family Violence Prevention,
Inc., a Non -Profit Corporation:
SECOND: The period of duration of the corporation shall be perpetual.
THIRD: The corporation is organized solely for charitable purposes
having, as their specific objective the alleviating of problems of family
violence, and includes, but is not limited to the following specific
purposes:
a. Moral support, and physical and financial aid to victims of family
violence and their families;
b. Operating a shelter for women and their children who are victims
of family abuse;
c. Creating effective response systems to family violence in the
community, its public policies, its institutions, and its law enforcement
by educating the community about family violence, its causes and
solutions;
d. Training lay and professional persons who are interested in.
working in the area of preventing family violence;
e. Gathering statistical and other information, and sponsoring
research activities, to increase knowledge about family violence; and
f. Engaging in activities designed to prevent, with the goal of
eliminating, family violence.
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FOURTH: The business and affairs of the corporation shall be managed and
conducted according to by—laws, rules and regulations established by its
membership. No part of the net earnings of the corporations shall inure
to the benefit of, or be distributable to, its members, directors,
officers, or other private persons, except that the corporation shall be
authorized and empowered to pay reasonable compensation for services
rendered and to make payments and distributions in furtherance of the
purposes set forth in Article Third hereof. No substantial part of the
activities of the corporation shall be the carrying on of propaganda, or
otherwise attempting to influence legislation, and the corporation shall
not participate in, or intervene in (including the publishing or
distribution of statements) any political campaign on behalf of any
candidate for public office. Notwithstanding any other provision of
these Articles, the corporation shall not carry on any other activities
not permitted to be carried on (a) by a corporation exempt from federal
income tax under 4501(c)(3) of the Internal Revenue Code of 1954 (or the
corresponding provision of any future United States Internal Revenue Law)
or (b) by a corporation, contributions to which are deductible under -
4170(c)(2) of the Internal Revenue Code of 1954 (or the corresponding
provision of any future United States Internal Revenue Law).
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FIFTH: Upon the dissolution of the corporation, the Board of Directors
shall, after paying or making provision for the payment for all of the
liabilities of the corporation, dispose of all of the assets of the
corporation exclusively for the purposes of the corporation in such manner
or to such organization or organizations organized and operated
exclusively for charitable, educational, religious, or scientific purposes
as shall at that time qualify as an exempt organization or organizations
under 4501(c)(3) of the Internal Revenue Code of 1954 (or the
corresponding provision of any future United States Internal Revenue
Law), as the Board of Directors shall determine. Any such assets not so
disposed of shall be disposed by the Chancery Court of the county in which
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the principal office of the corporation is then located, exclusively for
such purposes or to such organization or organizations, as said court
shall determine, which organized and operated exclusively for such
purposes.
SIXTH: The address of the main office and principal place of business of
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the corporation is 320 West Mountain Street, Fayetteville, Arkansas, 72701
and the name of its registered agent at such addresss is Northwest
Arkansas Legal Services, Inc.
SEVENTH: The number of directors constituting the initial Board of the
corporation is eleven (11), and the names and addresses and terms of
office,. are as follows:
NAME
ADDRESS TERM OF OFFICE
p
Suzanne Pharr 14 Nut St,Eureka Spgs, Ark., 72632 3 years
Carolyn Layman 15 West Prospect, Apt. A-4
Fayetteville, Ark. 72701 3 years
Bob Brandon 3000 Wedington, Drive
Fayetteville, Ark. 72701 3 years
Tommy Goodwin City Administration Bldg.
Springdale, Ark. 72764 1 year
Peggy Hoffman 409 North Washington
Fayetteville, Arkansas 72701 3 years
Shirley Karnes Rt. 2 Box 60
Westfork, Ark. 72774 1 year
Robbie Thomas -Knight Ozark Guidance Center
Box 728, 219 South Thompson
Springdale, Ark 72764 1 year
800 West llth Street
Fayetteville, Ark. 72701 2 years
P.O. Box 507
Springdale, Ark. 72764 2 years
642 1/2 West 6th Street
Fayetteville, Ark. 72701 2 years
2 years
Leta Caudle
Joe B. Reed
Kay Lynn Vaughn
Open Position
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EIGHTH: The name and address of the incorporator of this corporation is
Suzanne Pharr, 14 Nut Street, Eureka Springs, Arkansas 72632
IN WITNESS WHEREOF, the hereinafter named incorporator respectfully
requests the Court to approved this incorporation.
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FAMILY VIOLENCE PREVENTION, Inc.
A Non -Profit Corporation
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SSZANNE PRR
1 .
VERIFICATION
141
STATE OF ARKANSAS )
)ss
COUNTY OF WASHINGTON)
The undersigned incorporator of Family Violence Prevention, Inc., a
Non -Profit Corporation, hereby certifies that she has read the above and
foregoing Articles of Incorporation, and that the statements and provisions
are true and correct as applied to a request for incorporation thereof.
SUZ
Sworn to and subscribed before me this / day of March -1 79
'My Commjssion Expires:
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