The name of
the corporation is MOUNT DIABLO SURVEYORS HISTORICAL SOCIETY.
This
corporation is a nonprofit public benefit corporation and is not organized for
the private gain of any person. It is organized under the Nonprofit Public
Benefit Corporation Law for public purposes. The public purposes of the
corporation are to preserve historical surveying instruments, records,
memorabilia and relics, and to educate interested persons and the general
public of the history of the science of surveying.
The name of the initial agent of the
corporation for service of process is DON MARCOTT, whose complete home address
is 5042 Amethyst Court, San Jose, CA 95136-2601.
The name of
the unincorporated association, which is being incorporated in Mount Diablo
Surveyors Historical Society.
The unincorporated association whose name is
set forth in Article IV of these Articles of Incorporation is being
incorporated by the filing of these Articles.
The corporation shall have five (5)
Directors. The names and addresses of the persons who are to act in the capacity
of Directors until the selection of their successors are:
JAMES NORMAN
PAYNE 831 Jackson Street
Mountain
View, CA 94043
DON MARCOTT 5042 Amethyst Court
San Jose, CA
95136-2601
CLIFFORD
EUGENE PHIPPS 2642 Cherry Lane
Walnut
Creek, CA 94596
KRISTY DAVIS
2210 Mount Pleasant
Road
San Jose, CA 95148
MYRON A.
LEWIS 1457
Hugh Way
Hayward, CA
94544
a. The
property of this corporation is irrevocably dedicated to public purposes and no
part of the net income or assets of this organization shall ever inure to the
benefit of any director, officer, or member thereof, or to the benefit of any
private persons.
b. On the
dissolution or winding up of the corporation, its assets remaining after payment
of, or provision for payment of, all debts and liabilities of this corporation
shall be distributed to a nonprofit fund, foundation, or corporation which is
organized and operated exclusively for public purposes and which has
established its tax-exempt status under Internal Revenue Code section 501(c)
(3).
c. If this
corporation holds any assets on trust, or the corporation is formed for
charitable purposes, such assets shall be disposed of in such manner as may be
directed by decree of the superior court of the county in which the corporation
has its principal office, on petition therefore by the Attorney General or by
any person concerned in the liquidation, in a proceeding to which the Attorney
General is a party.
No
substantial part of the activities of this corporation shall consist of the
carrying on of propaganda, or otherwise attempting to influence legislation,
nor shall this corporation participate or intervene in any political campaign
(including publishing or distribution of statements) on behalf of any candidate
for public office.
Notwithstanding
any other provisions in these Articles of Incorporation, the Corporation shall be
subject to the following limitations and restrictions:
a. The
Corporation shall distribute its income for each taxable year at such time and
in such manner as not to become subject to the tax on undistributed income imposed
by Section 4942 of the Internal Revenue Code of 1954.
b. The
Corporation shall not engage in any act of self-dealing as defined in section
4941(d) of the Internal Revenue Code of 1954.
c. The
Corporation shall not retain any excess business holdings as defined in Section
4943(c) of the Internal Revenue Code of 1954.
d. The
Corporation shall not make any investments in such manner as to subject it to
tax under Section 4944 of the Internal Revenue Code of 1954.
e.
Notwithstanding any other provisions of these articles, the corporation shall
not carry on any other activities not permitted to be carried on by a
corporation exempt from Federal Income tax under section 50l(c) (3) of the
Internal Revenue Code of 1954.
IN WITNESS
WHEREOF, the undersigned, being the Incorporators of MOUNT DIABLO SURVEYORS
HISTORICAL SOCIETY, and the initial Directors named in these Artic1es of
Incorporation, have executed these Articles of Incorporation on April 2, 1991.
SIGNED BY: /S/.
JAMES NORMAN PAYNE
SIGNED BY: /S/.
DON MARCOTT
SIGNED BY: /S/.
CLIFFORD EUGENE PHIPPS
SIGNED BY: /S/.
KRISTY DAVIS
SIGNED BY: /S/.
MYRON A. LEWIS
MDSHS is a California non-profit corporation organized under
IRS 501(c)3 (Federal #8916806802, CA 1835904).
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Page last updated 04/17/2010
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