ARTICLES
OF
INCORPORATION
1649087
ARTICLES OF INCORPORATION ENDORSED
BARSTOW PUBLIC
FACILITIES CORPORATION
- SEP 2 1 1989
MAŘCH FONG EU, Secretary of State
ARTICLE I
The name of this corporation is Barstow Public
Facilities Corporation (hereinafter called the "Corporation").
ARTICLE II
This Corporation is a nonprofit public benefit
corporation and is not organized for the private gain of any It is organized under the California Nonprofit Public
Benefit Corporation Law for public purposes. The specific and primary purposes for which the Corporation is formed are:
To render financial or other assistance to the
City of Barstow, California, a municipal corporation of the State of California (herein referred to as ; the "City") by financing, acquiring, constructing, improving, leasing and selling buildings, building improvements, equipment,
improvements and facilities for electrical, water, sewer, transportation, communications and any other public purposes, lands, and any other ieal or personal property for the benefit of the City and residents of the City and surrounding areas. (b) To acquire by lease, purchase, installment
- purchase, or otherwise Ieal and personal property, including any interest therein; to enter into contracts for services or for other purposes; to construct, reconstruct, modify, add to, improve or otherwise acquire, modify and equip buildings, structures, equipment, facilities and improvements and (by sale, installment sale, lease, sublease, leaseback, gifts or Let all of any otherwise) make any part or all of any such Ieal or personal property (and any interest therein) available to or for the departments, commissiols or agencies of the City.
(c) Io borrow the necessary funds to pay the cost
of financing, refinancing, acquiring, constructing, replacing, establishing, improving, maintaining, equipping and operating such real and personal property for the herein described purposes, the indebtedness for which borrowed money may, but not, be evidenced by securities of the Corporation of any or character issued at any one or more times, which may be either unsecured or secured by any mortgage, trust deed, pledge, encumbrance or other lien upon
any part or all of the properties and assets at any time then oI thereafter owned or acquired by this Corporation.
Incidental to and in order to carry out the
foregoing purposes, the Corporation shall have and possess, subject to the provisions of these Articles, all powers now or hereafter conferred upon nonprofit public benefit corporations by the laws of the State of California, with the following the Corporation shall never engage in any
activity other than such activities as may be incidental to and for the purpose of carrying out the primary purposes for which the Corporation is formed as set forth above.
ARTICLE III
The Corporation is organized as a nonprofit public
benefit corporation, without capital stock and without
members. The Corporation is organized and operated
exclusively for social welfare purposes within the meaning of Section 501(C)(4) Of the Internal Revenue Code of 1986, amended. No gains, profits or dividends shall be distributed to any of the directors or officers of the Corporation, and no part of the net earnings, funds or assets of the Corporation shall inure to the benefit of any director, officer or
individual, or any other person, firm or corporation excepting only the United States of America, the State of California, or any municipal corporation or political subdivision thereof, or to a nonprofit fund, foundation or corporation which is organized and operated exclusively for charitable or social welfare purposes and which has established its tax-exempt status under Section 501(c)(3) 0I 501(c)(4) of the Internal Revenue Code of 1986, as amended. No part of the activities of the Corporation shall consist of carrying on propaganda, or otherwise attempting to influence legislation, nor shall it participate in, of intervene in, or publish or distribute statements concerning, any political campaign on behalf of candidate for public office. The property of the Corporation is irrevocably dedicated to the United States of America, the State of California, or any municipal corporation or political subdivision thereof, or to a nonprofit fund, foundation or corporation which is organized and operated exclusively for charitable or social welfare purposes and which has
established its tax-exempt status under Section 501(c)(3) oI 501(c)(4) of the Internal Revenue Code of 1986, as amended; provided, however, that until all debts and obligations of Corporation shall have been paid, such property and any net revenues therefrom may be used for the purpose of paying and Ietiring the debts and obligations of the Corporation.
2 1474c5
ARTICLE IV
The name and address of the initial agent for
seivice of process of the Corporation is A. Kay Vinson, Cits clerk, City of Barstow, 220 East Mountain View Street,
Barstow, California 92311.
ARTICLE V
The number of directors of the Corporation shall be
fixed pursuant to the Bylaws. The provisions governing the designation and removal of the directors shall be as set forth
ARTICLE VI
During the continuance of this Corporation, it may
listribute any of its assets to the City.
unwilling to accept the assets of the
Corporation, said assets will be distributed to the United States of America, the State of California, or any municipal corporation or political subdivision thereof, to a nonprofit fund, foundation or corporation which is organized and
operated exclusively for charitable or social welfare purposes and which has established its tax-exempt status under
Section 501(c) (3) OI 501(C) (4) of the Internal Revenue Code of 1986, as amended.
Upon any liquidation, dissolution or winding up of
the Corporation, after paying or adequately providing for the debts and obligations of the Corporation, the directors shall distribute and transfer all Iemaining assets of the
Corporation to the City. If for any ieason the City is unable or unwilling to accept the assets of the Corporation, said assets will be distributed to the United States of America, the State of Califoinia, or any municipal corporation or political subdivision thereof, or to a nonprofit fund,
foundation or corporation which is organized and operated exclusively for charitable or social welfare purposes and which has established its taz-exempt status under
Section 501(C) (3) OI 501(C) (4) Of the Internal Revenue Code of 1986, as amended.
IN WITNESS WHEREOF, the undersigned has execute
hese presents this 20% day of September, 1989
Mic tele
Incorporator
3 1474c5
1649087
State
Calitornia
OFFICE OF THE SECRETARY OF STATE
CORPORATION DIVISION
1, MARCH FONG EU, Secretary of State of the
State of California, hereby certify:
That the annexed transcript has been compared with
the corporate record on file in this office, of which it purports to be a copy, and that same is full, true and
correct.
IN WITNESS WHEREOF, I execute
this certificate and affix the Great
Seal of the State of California this
SEP 2 2 1989
OF
SEAL THE
EUREKA
GREAT Warch Forg Eu
THE Secretary of State
CALIFORNIA
SEC/STATE FORM CE.107 Bo 40688