MONTEZUMA WATER COMPANY
ALL MEN BY THESE PRESENTS, that we, W.T. BUTLER, RUBEN McEWEN, ROBERT TOLES,
DUDLEY MILLARD, CLIFFORD SMALL, DAN CLINE, H. RODNEY TANNER, JAMES SNOW AND
BENNY GORDANIER, all residents of the County of Montezuma and/or the County of
Dolores, State of Colorado, have, and do hereby, associate ourselves together
for the purpose of forming and becoming a body corporate and politic, not for
profit or pecuniary gain, under and by virtue of and in accordance with the
provisions of Article 20 thru 29 of the 1973 Colorado Revised Statutes,
otherwise known as the Colorado Non-Profit Corporation Act, and we do hereby
make, execute, acknowledge and adopt the following articles for such
FIRST: The Corporate name shall be MONTEZUMA WATER
SECOND: The term for which this
corporation is organized is perpetual.
The object and purposes for which this corporation is formed and
incorporated are as follows:
(a) To acquire by purchase, lease, or otherwise,
water and water rights; and to purchase, construct, maintain, and operate a
water pipe line distribution system together with storage and/or treatment
facilities; and to own and acquire property, either real or personal, which may
be necessary for and incidental to, the acquisition of supply, delivery, and
sale, of domestic and/or industrial water to rural residents, or water users,
in areas of the Counties of Montezuma , Dolores, and San Miguel in the State of
Colorado; and to sell and deliver water to private or public water systems; and
to do and conduct such business as shall be deemed prudent and practical
thereof by the members, officers and directors of this association.
(b) To acquire by purchase, lease or otherwise,
and to hold, sell, mortgage lease of otherwise dispose of, real estate and
personal property, either within or without the State of Colorado, for said
corporation, or for other persons and
associations, and to loan or borrow money upon such real estate of personal
(c) To acquire by purchase or otherwise, and to
hold, or sell, bonds, warrants and all classes of securities, and to borrow or
loan money upon the same.
(d) To borrow money, either with or without
giving security therefor, and to loan money, either with or without taking
(e) To make and enter into contracts and to
conduct any lawful business whatsoever, and to do and transact any business not
prohibited by law for a corporation to do and perform when organized under this
FOURTH: The number of directors of this corporation
shall be nine (9) and their terms of office shall be for a period of three (3)
years: three directors to be elected each year.
Such directors shall be members of this corporation and each shall be
elected by a majority vote of the membership of this corporation. The area served by this corporation shall be
divided into nine (9) districts, based upon water users, for the purpose of
director representation: one director to be elected from each district. The names and addresses of such directors who
shall manage the affairs of this corporation until their successors are
elected and qualified, are as follows:
PO Box 30, Dolores,
Rd 24, Dolores, Colorado
Robert L. Toles
Rd W, Lewis, Colorado
Rd 21, Cortez, Colorado
Rd 29, Cortez, Colorado
Box 782, Dolores, Colorado
Box 224, Cortez, Colorado
Box 484, Dove Creek, Colorado
Rd 25, Cortez, Colorado
FIFTH: The Board of Directors shall have the sole
authority to make, adopt and set, the standards, policies, and regulations,
concerning the construction and operation of the system and the delivery of
water; and to set fees and determine the rates, charges, and fees, which shall
be charged and collected for the delivery of water. Such rates and charges shall be by them
determined so as to reflect the costs of construction, maintenance, operation,
retirement of indebtedness, repairs, and
improvements, of said water system.
Such rates and charges may be from time to time raised or lowered at the
discretion of the Board of Directors. The Board of Directors may also assess
the members for the costs of construction, operation, maintenance and repayment
of indebtedness. In the event of
delinquency in the payment of water charges and assessments, the Board of
Directors shall have the power to enforce the collection thereof by either or
by any combination of the following remedies:
personal action of debt brought against the delinquent membership.
foreclosure and/or sale of the delinquent membership.
withholding the delivery of water from the service connection of the delinquent
SIXTH: The officers of this corporation shall be a
President and a Vice-President, who shall be members of the Board of Directors,
and a Secretary and a Treasurer, who may, or may not, be a member of the Board
of Directors. The office of Secretary
and the office of Treasurer may be held by the same person. The term of office of the officers of this
corporation shall be for a period of one (1) year, or until their successors
are duly elected and qualified as provided in the By-Laws.
corporation shall have no capital stock.
There shall be only one class of membership and the interest of the
members shall be evidenced by Membership Certificates issued upon payment of
such fees and in such form and to such applicants for membership as may be
provided in the By-Laws of said corporation.
The interest, rights and obligations of all members of the said
corporation shall be equal, except as may be provided in the By-Laws of said
corporation. The corporation is operated
not for profit.
President, or the Vice-President in the case of absence of the President,
together with the Secretary shall have the authority to convey or encumber the
real and personal property of the corporation and to make, execute and
acknowledge instruments of conveyance or encumbrances thereof. Provided, however, that no conveyance or
encumbrance shall be executed without the majority of the Board of Directors.
Articles of Incorporation may be amended at any meeting of the members with a
two-thirds (2/3) majority vote of members present, represented either by proxy,
ballot or in person.
By-Laws of this corporation
for the management of its affairs shall be adopted by the Board of Directors of
said corporation and said Board of Directors shall be empowered to amend or
appeal the By-Laws.
voting shall not be allowed.
principle office of said corporation shall be 209 Central Avenue, in the Town
of Dolores, County of Montezuma, State of Colorado, or in such town in said
County and State as the Board of Directors may from time to time designate, and
the principle business of said corporation shall be carried on in the County of
Montezuma, State of Colorado.
WITNESS WHEREOF, then undersigned
incorporators have hereunto set their hands and seals this 12th day
of March 1988, at Dolores, Colorado.