ARTICLES OF INCORPORATION
BEAVER PARK WATER, INC.
INCORPORATED JANUARY 16, 1977
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ARTICLES OF INCORPORATION
OF
BEAVER PARK WATER, INC.
KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned natural persons of the age of 21 years or more, have associated ourselves together for the purpose of becoming a body corporate and politic, under and by virtue of the Colorado Corporation Code, adopt the following Articles of Incorporation for such corporation.
ARTICLE I
The name of the Corporation is BEAVER PARK WATER, INC.
ARTICLE II
The period of its duration is perpetual.
ARTICLE III
The primary purposes for which the corporation is organized are:
To safeguard and protect the rights of water users and consumers of water under what is commonly known as the Beaver Park Water System;
For the purpose of acquiring title, holding, maintaining, and operating that certain water system formerly owned by Beaver Park Company of Colorado Springs, together with all extensions thereto and all laterals diverting water therefrom, and all water rights and apportionments of water decreed to said system, and acquire all rights of way, systems, ditches, canals, dams, reservoirs, flumes, weirs, headgates, pumps, motors, electrical systems, buildings, equipment and other appurtenances;
To acquire all franchises and appropriations of said Company and its predecessors in interest therein, and to maintain the same for the use of the consumers, contract holders and grantees of the Beaver Park Water, Inc., and to build and construct such other ditches and canals for the purpose of carrying water for irrigation and other beneficial uses, and to acquire, build, and construct reservoirs and to use and operate the same; to enlarge the present canals and laterals; to acquire other canals and water rights and priorities to the right of the use of water and to dispose the rights of carriage, storage, and distribution of water for irrigation and other beneficial uses therefrom to said Company’s respective stockholders; to sell and dispose of water rights, rights of carriage and storage for said purposes, to our respective stockholders; to levy assessments pro rata upon the stock of the stockholders of our said corporation for the operation and maintenance of the same, to borrow money and convey said property or any part thereof in trust as security therefor and to sell and convey any part or parcel of such property for the uses and purposes herein set forth or as may seem best for the general interests of all concerned.
The common stock shall be issued to and the ownership thereof shall be limited to the owners of lands, and to the company as treasury shares, as described in the By-Laws
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of said corporation. Each stockholder shall be entitled, during the irrigation season, to acre feet of water from the total capacity of the canal system in the same proportion as his stock shares to the total number of shares issued and outstanding.
Without, in any particular, limiting any of the objects or purposes or powers of the corporation, it is hereby expressly declared and provided that the corporation shall have power to do all acts or things necessary, incidental or convenient to do, or calculated directly or indirectly, to promote the interests of the corporation, or enhance the value or render profitable any of its property or rights; and in carrying on its business, or for the purpose of obtaining or furthering any of its objects, to do any and all acts and things and to exercise any and all powers which a natural person could do and exercise and which now or hereafter may be authorized by law.
ARTICLE IV
The aggregate number of shares which the corporation shall have authority to issue shall consist of 7,000 shares, with no par value.
ARTICLE V
Cumulative voting of shares of stock is not authorized. Treasury shares shall not be voted at any meeting.
ARTICLE VI
The shareholders of any stock of the corporation shall have no preemptive rights to acquire additional or treasury shares or to subscribe as such for the purchase of any part of any new or additional issue of stock or securities convertible to stock, whether now or hereafter authorized and whether issued for cash, property, services, by way of dividends or otherwise.
ARTICLE VII
The address of the initial registered office, which is also the address of the place of business, is Box 286, Penrose, Colorado 81240.
The name of the initial registered agent at such address is John M. Dumeyer.
ARTICLE VIII
The names and addresses of the persons who are the incorporators are:
John E. Molello, 290 I Street, Penrose, CO 81240
Carl Strunk, P.O. Box 1024, Canon City, CO 81212
Russell E. Mace, Penrose, CO 81240
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ARTICLE IX
The corporate powers shall be exercised by a Board of Directors of five persons, who may or may not be stockholders of the corporation. The names and addresses of the persons who shall serve as directors until the first annual meeting of shareholders or until their successors are elected and shall qualify are:
John E. Molello, 290 I Street, Penrose, CO 81240
Carl Strunk, P.O. Box 1024, Canon City, CO 81212
Russell E. Mace Penrose, CO 81240
Raymond A. Harris, 1435 East 8, Penrose, CO 81240
Marjean Rahn, Penrose, CO 81240
IN WITNESS WHEREOF, we have hereunto set our hands this 17th day of September, 1976.
s/John E. Mollelo
JOHN E. MOLELLO
s/Carl Strunk
CARL STRUNK
s/Russell E. Mace
RUSSELL E. MACE
STATE OF COLORADO )
: ss.
County of Alamosa )
The foregoing instrument was acknowledged before me this 17th day of September, 1976, by John E. Molello, Carl Strunk, and Russell E. Mace.
WITNESS my hand and official seal.
My commission expires January 29, 1977.
s/Terrie A. Hays
Notary Public
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BEAVER PARK WATER, INC.
INCORPORATED JANUARY 16, 1977
*************************************************
ARTICLES OF INCORPORATION
OF
BEAVER PARK WATER, INC.
KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned natural persons of the age of 21 years or more, have associated ourselves together for the purpose of becoming a body corporate and politic, under and by virtue of the Colorado Corporation Code, adopt the following Articles of Incorporation for such corporation.
ARTICLE I
The name of the Corporation is BEAVER PARK WATER, INC.
ARTICLE II
The period of its duration is perpetual.
ARTICLE III
The primary purposes for which the corporation is organized are:
To safeguard and protect the rights of water users and consumers of water under what is commonly known as the Beaver Park Water System;
For the purpose of acquiring title, holding, maintaining, and operating that certain water system formerly owned by Beaver Park Company of Colorado Springs, together with all extensions thereto and all laterals diverting water therefrom, and all water rights and apportionments of water decreed to said system, and acquire all rights of way, systems, ditches, canals, dams, reservoirs, flumes, weirs, headgates, pumps, motors, electrical systems, buildings, equipment and other appurtenances;
To acquire all franchises and appropriations of said Company and its predecessors in interest therein, and to maintain the same for the use of the consumers, contract holders and grantees of the Beaver Park Water, Inc., and to build and construct such other ditches and canals for the purpose of carrying water for irrigation and other beneficial uses, and to acquire, build, and construct reservoirs and to use and operate the same; to enlarge the present canals and laterals; to acquire other canals and water rights and priorities to the right of the use of water and to dispose the rights of carriage, storage, and distribution of water for irrigation and other beneficial uses therefrom to said Company’s respective stockholders; to sell and dispose of water rights, rights of carriage and storage for said purposes, to our respective stockholders; to levy assessments pro rata upon the stock of the stockholders of our said corporation for the operation and maintenance of the same, to borrow money and convey said property or any part thereof in trust as security therefor and to sell and convey any part or parcel of such property for the uses and purposes herein set forth or as may seem best for the general interests of all concerned.
The common stock shall be issued to and the ownership thereof shall be limited to the owners of lands, and to the company as treasury shares, as described in the By-Laws
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of said corporation. Each stockholder shall be entitled, during the irrigation season, to acre feet of water from the total capacity of the canal system in the same proportion as his stock shares to the total number of shares issued and outstanding.
Without, in any particular, limiting any of the objects or purposes or powers of the corporation, it is hereby expressly declared and provided that the corporation shall have power to do all acts or things necessary, incidental or convenient to do, or calculated directly or indirectly, to promote the interests of the corporation, or enhance the value or render profitable any of its property or rights; and in carrying on its business, or for the purpose of obtaining or furthering any of its objects, to do any and all acts and things and to exercise any and all powers which a natural person could do and exercise and which now or hereafter may be authorized by law.
ARTICLE IV
The aggregate number of shares which the corporation shall have authority to issue shall consist of 7,000 shares, with no par value.
ARTICLE V
Cumulative voting of shares of stock is not authorized. Treasury shares shall not be voted at any meeting.
ARTICLE VI
The shareholders of any stock of the corporation shall have no preemptive rights to acquire additional or treasury shares or to subscribe as such for the purchase of any part of any new or additional issue of stock or securities convertible to stock, whether now or hereafter authorized and whether issued for cash, property, services, by way of dividends or otherwise.
ARTICLE VII
The address of the initial registered office, which is also the address of the place of business, is Box 286, Penrose, Colorado 81240.
The name of the initial registered agent at such address is John M. Dumeyer.
ARTICLE VIII
The names and addresses of the persons who are the incorporators are:
John E. Molello, 290 I Street, Penrose, CO 81240
Carl Strunk, P.O. Box 1024, Canon City, CO 81212
Russell E. Mace, Penrose, CO 81240
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ARTICLE IX
The corporate powers shall be exercised by a Board of Directors of five persons, who may or may not be stockholders of the corporation. The names and addresses of the persons who shall serve as directors until the first annual meeting of shareholders or until their successors are elected and shall qualify are:
John E. Molello, 290 I Street, Penrose, CO 81240
Carl Strunk, P.O. Box 1024, Canon City, CO 81212
Russell E. Mace Penrose, CO 81240
Raymond A. Harris, 1435 East 8, Penrose, CO 81240
Marjean Rahn, Penrose, CO 81240
IN WITNESS WHEREOF, we have hereunto set our hands this 17th day of September, 1976.
s/John E. Mollelo
JOHN E. MOLELLO
s/Carl Strunk
CARL STRUNK
s/Russell E. Mace
RUSSELL E. MACE
STATE OF COLORADO )
: ss.
County of Alamosa )
The foregoing instrument was acknowledged before me this 17th day of September, 1976, by John E. Molello, Carl Strunk, and Russell E. Mace.
WITNESS my hand and official seal.
My commission expires January 29, 1977.
s/Terrie A. Hays
Notary Public
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