20120924Application CPCN Cancellation.pdf

9/20/2012
Evergreen Water Company
248 EVERGREEN TERRACE RD
St. Manes, Id. 83861
208-245-2448
E CF I
2 112 SE? 2 4 AM q 02
- -,
Idaho Public Utilities Commission
P OBox 83720
Boise, Id. 83720-0074
Attn: Joe Terry
Dear Mr. Terry,
As per your e-mail the enclosed should satisfy your requests.
Detailed statement of the qualifications of buyer
See articles of incorporation and ownership right agreement
Financial statement
See attached
Description of the buying organization
See articles of incorporation
Buyer's registration w/Secretary of state
Attached
Buyer's articles of incorporation
Attached
Statement of valuation of system
Attached last value by State tax commission
Buyer's address where records etc
See articles of incorporation
Copy of notice sent to customers
See ownership right agreement (we have copies of all 35 owners documents)
Evergreen Terrace Water association did not have to buy Evergreen Water Co. it was
transferred at no cost to the Association.
Arlo Slack
Manager
..'260112
FILED FOR RECORD AT REQUEST OF:
KC E V ED
Evergreen Terrace Water Association
248 Evergreen Terrace Rd.
St. Manes, ID 83861
2011 JUN 2 A[11 920
c1 3
•2 '&;
EVERGREEN TERRACE WATER ASSOCIATION
OWNERSHIP RIGHT AGREEMENT
AGREEMENT made this 9 ,day of fVb/ ,2011, between EVERGREEN
TERRACE WATER ASSOCIATION, an Idaho nonqfofit corporation ("Evergreen Terrace"), and
BARRY C. BADGETT ("Owner"). Owner owns that certain real estate identified as Parcel Number
001900100280 and more fully described as follows. Owner has _1_ ownership
right (also known as a hookup) in Evergreen Terrace.
LOT 28 EVERGREEN TERRACE, S25 T46N R2W
The Evergreen Terrace Articles of Incorporation and Bylaws, and the Water Users Agreement
place restrictions on the transfer of such ownership rights. Such restrictions are necessary to insure
that upon the transfer of the Owner's real property, Evergreen Terrace can collect all outstanding
changes and assessments, and that no ownership right is transferred that is not in accordance with
Evergreen Terrace's governing documents, rules, and regulations. No transfer of an ownership right
shall be valid unless all charges and assessments have been paid and an Assignment and Assumption
of Water Users Agreement has been provided to all necessary parties.
This Agreement shall bind the parties and run with the real property. Any assignment shall
bind any successor or assigns of any party to this Agreement.
. 260112
DATED this o4' day of , 2011.
EVERGREEN TERRACE WATER ASSOCIATION,
an Idaho Miscellaneous and Mutual Corporation
By
President U
"Evergreen Terrace"
"Owner"
STATE OF IDAHO )
) ss.
County of Benewah )
I certify that I know or have satisfactory evidence that —3.' YV\ SO V) is the
persons who appeared before me, and said person acknowledged that _he signed this instrument, on
oath stated that _he is authorized to execute the instrument, and acknowledged it as the President of
EVERGREEN TERRACE WATER ASSOCIATION, to be the free and voluntary act of such
party for the uses and purposes mentioned in this instrument.
DATED: 4, ,2011.
co NOTARY PUBLILI in an4 for the State
OtARY \
of Idaho, residing at VVa..r
- My appointment expires: I
Of
rAM
otAR? '
----- * PUBL%C I
260i12

STATE OF IDAHO )
) ss.
County of Benewah )
I certify tht I know or have satisfactory evidence that
?cs'r C- , qe+ signed this instrument and acknowledged it to be
their free Ed voluntary act, 'for the uses and purposes mentioned in the instrument.
DATED: 2011.
BAUgm, &ICL~
- NOTARY PUB)i in and for the State
of Idaho, residing at st-' (Actr
My appointment expires: I k 1 9 'c0 L3
K\1758817\00001\1 7040_MCO\l 7040021424
AMENDED AND RESTATED
ARTICLE OF INCORPORATION
OF
EVERGREEN TERRACE WATER ASSOCIATION, INC.
We, the undersigned, adopt the following Amended and Restated Articles of Incorporation for
Evergreen Terrace Water Association, Inc.
Article I - Name
The name of the corporation is "Evergreen Terrace Water Association, Inc."
Article II— Duration
The duration of the Association shall be perpetual.
Article III - Purposes
The nature of the business of the Association and its object and purposes are as follows:
(1)To acquire, construct, own and operate a water distribution system for the mutual
benefit of its members.
(2)In furthering the purposes hereinbefore set forth, this Association is organized and
operated to receive, hold, invest and administer property, whether real or personal, and to
exercise the powers herein after described.
Article IV —Powers and Limitations
4.1 Powers. In accomplishing the purposes of the Association, the Association shall
have and be entitled to exercise all the powers enumerated in Idaho Code Chapter 30-3 as now
enhanced and hereafter amended except as limited herein. Where any provision of these articles
or the bylaws of the Association are more restrictive, the more restrictive provision shall apply.
4.2 Limitations.
a.The business of this Association shall be conducted strictly upon the
cooperative basis and no serviced shall be rendered to or for any person, firm or corporation
other than members of the Association and there shall be no profit earned by the Association nor
any dividends declared from any accumulations in its treasury nor any division of the assets of
the Association among the members thereof at any time unless upon the dissolution and
liquidation of the Association or as required by law to maintain its non-profit and/or tax exempt
status.
b.The number of members of the system shall be limited to not more than
one hundred (100) which is based on the capacity of the proposed system.
SP-3613 vi
AMENDED AND RESTATED
ARTICLE OF INCORPORATION
OF
EVERGREEN TERRACE WATER ASSOCIATION, INC.
We, the undersigned, adopt the following Amended and Restated Articles of Incorporation for
Evergreen Terrace Water Association, Inc.
Article I - Name
The name of the corporation is "Evergreen Terrace Water Association, Inc."
Article II— Duration
The duration of the Association shall be perpetual.
Article III - Purposes
The nature of the business of the Association and its object and purposes are as follows:
(1)To acquire, construct, own and operate a water distribution system for the mutual
benefit of its members.
(2)In furthering the purposes hereinbefore set forth, this Association is organized and
operated to receive, hold, invest and administer property, whether real or personal, and to
exercise the powers herein after described.
Article IV —Powers and Limitations
4.1 Powers. In accomplishing the purposes of the Association, the Association shall
have and be entitled to exercise all the powers enumerated in Idaho Code Chapter 30-3 as now
enhanced and hereafter amended except as limited herein. Where any provision of these articles
or the bylaws of the Association are more restrictive, the more restrictive provision shall apply.
4.2 Limitations.
a.The business of this Association shall be conducted strictly upon the
cooperative basis and no serviced shall be rendered to or for any person, firm or corporation
other than members of the Association and there shall be no profit earned by the Association-nor
any dividends declared from any accumulations in its treasury nor any division of the assets of
the Association among the members thereof at any time unless upon the dissolution and
liquidation of the Association or as required by law to maintain its non-profit and/or tax exempt
status.
b.The number of members of the system shall be limited to not more than
one hundred (100) which is based on the capacity of the proposed system.
SP-36U vi
Article V - Membership and Voting
5.1 Membership. Members of the Association shall consist solely of those persons
who are the fee simple owners of the real property within the service district of the Association
who have agreed to pay the charges and assessments of the Associations and provide such
security as required by the Board. Each connection to the system shall be entitled to one (1) unit
of membership in the Association. Membership in the Association shall entitle the holder
thereof to access the Association's system and the purchase of water from the Association;
provided, however, that any member in default in payment of fees and assessments charged by
the Association, as determined by the Board, shall not be entitled to any rights of a member
hereunder.
5.2. Voting. Members in good standing with the Association shall be entitled to cast
one (1) vote per lot owned in any meeting of the members. A member is deemed in good
standing with the Association if all subscriptions, dues, fees, assessments and any other charges
made by the Association that are due and not delinquent as of the date of the meeting are paid
current at least five (5) days before the members act on the business of the Association.
5.3. Transfer of Membership. Membership shall be appurtenant to each lot described
above and shall automatically pass with title to each lot.
5.4. Lien. The Association shall have a lien on the membership interest, and all rights
related thereto, for all sums owned by any owner to the Association.
Article VI— Registered Office and Agent
The registered office of this Association shall be 248 Evergreen Terrace Road, St. Manes, ID
83861, and the name of the initial registered agent of the Association at such address shall be
Arlo Slack.
Article VII— Board of Directors
The Board of Directors of the Association shall consist of not less than three (3) or more than
nine (9). The Board of Directors shall be elected by the members in the manner set forth in the
Bylaws of the Association.
As of the date of these Amended and Restated Articles of Incorporation, the Board of Directors
is:
Name Address
Arlo Slack 248 Evergreen Terrace Rd.
St. Manes, ID
Gary Moss 568 Evergreen Terrace Rd.
St. Manes, ID
Jim Shubert 170 Ponderosa Lane
St. Manes, ID
Term Expires
May 1, 2014
May 1, 2012
May 1, 2014
-2-
Bryce Coulter 606 Evergreen Terrace Rd. 5/1/2013
St. Manes, ID
Jim Nilson P.O. Box 726 5/1/2012
St. Manes, ID
Each member of the Board of Directors shall hold office and shall have all powers necessary to
carry out the business of the Association until a full Board of the Association is appointed, but
not later than the first annual meeting.
A Director may be removed by the three-quarter affirmative vote of the members present at a
meeting of the membership.
No director shall be personally liable to the Association or its members for monetary damages
for conduct as a director provided that such limitation of liability shall not apply to acts or
omissions of intentional misconduct, knowing violation of a law, or for any transaction from
which the director is not legally entitled. This provision is intended to provide the directors the
maximum limitation of liability intended by Idaho Code Section 30-3-85, as now enacted or
hereafter amended, revised, reenacted or replaced and interpretations thereof by the courts.
Article VIII— Dissolution
Upon the dissolution of the Association, the Board shall, after paying or making provision for the
payment of all of the liabilities of the Association and making provision for reimbursement of
assessments or otherwise by the members, distribute all of the remaining assets of the
Association on a patronage basis to all members past and present to the extent it is practicable.
Any of such assets not so disposed of shall be disposed of by the District Court of the County in
which the principal office of the Association is then located, exclusively for such purposes or to
such organization or organizations, as said court shall determine.
Article IX - Assessments and Fees
The Association is organized for the mutual benefit of its members and shall have no profit. The
cost of acquiring, constructing, managing and operating the corporate water system shall be paid
by fees and charges assessed to the members of the Association. Whenever the Board of
Directors deems it necessary and advisable to establish or change the fees and charges for water,
such fees and charges shall be established by the Board at a meeting called for that purposes in
accordance with the provisions of the Bylaws of the Association. All assessments received by
the Association will be used only for the payment of corporate debts, and to operate and maintain
the water system owned by the Association. After all expenses of the Association are paid each
year, and a reasonable reserve set aside as determined by the Board of Directors, any excess
income of the Association shall be used to reduce or offset future fees and charges assessed by
the Association.
I it
IME
Article X - Miscellaneous Provisions
Headings in these Amended and Restated Articles of Incorporation are intended to assist in
location of specific provisions and are not controlling in interpreting the substantive provisions.
IN WITNESS WHEREOF, the undersigned has signed these Amended and Restated
Articles of Incorporation this / day of _i
Arlo Slack
c. dJ
Gary-Moss
Brce'r
-4-
IJJSUS Viewing liusmess Entity Page 1 of 1
IDAHO SECRETARY OF STATE
Viewing Business Entity
Ben Ysursa, Secretary of State
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[Get a certificate of existence for EVERGREEN TERRACE WATER ASSOCIATION,
INC. I
EVERGREEN TERRACE WATER ASSOCIATION, INC.
248 EVERGREEN TERRACE RD
ST MARIES, ID 83861
Type of Business: CORPORATION, GENERAL NON PROFIT
Status: GOODSTANDING, ANREPT SENT 06 Feb 2012
State of Origin: IDAHO
Date of 28 Apr 2009
Origination /Authorization:
Initial Registered Agent: ARLO SLACK
248 EVERGREEN TERRACE RD
ST MARIES, ID 83861
Organizational ID / Filing C182927
Number:
Number of Authorized Stock
Shares:
Date of Last Annual Report: 05 Mar 2012
Original Filing:
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Filed 28 Apr 2009 INCORPORATION View Image (PDF format) View
Image (TIFF format)
Amendments:
Amendment Filed 08 Jun 2011 AMENDED &
RESTATED
Annual Reports:
Report for year 2012 ANNUAL REPORT
Report for year 2011 ANNUAL REPORT
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Image (TIFF format)
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View Document Online
View Document Online
Report for year 2010 ANNUAL REPORT View Document Online
Idaho Secretary of State's Main Page State of Idaho Home Page
Comments, questions or suggestions can be emailed to: sosinfo©sos.idaho.gov
http://www.accessidaho.orglpublic/sos/corp/c 1 82927.html 8/15/2012
IDAHO
State Tax Commission
July 13, 2011
P0 Box 36 • Boise ID 83722-0410
800 Park Blvd., Plaza IV - Boise ID 83712-7742
Letter ID: L1295707520
Reference: 04010821
GHOI 10
231
ARLO SLACK
EVERGREEN WATER COMPANY
248 EVERGREEN TERRACE RD
SAINT MARIES ID 83861
Dear ARLO SLACK:
The Idaho State Tax Commission recommends a value of $35,000.00 for EVERGREEN WATER
COMPANY. Any change to the recommended value will be at the discretion of the State Board of
Equalization (SBOE).
If you would like to schedule a formal hearing before the SBOE, you must make your request in
writing by August 1, 2011. Hearings are held from the second Monday through the fourth Monday in
August. Telephone conferences are not allowed. SBOE decisions may be appealed to a district court
within 30 days of receiving the decision. On the fourth Monday in August, the State Tax Commission
will certify values for all centrally assessed Properties. All requests for a formal hearing should be sent
to:
Valerie Dilley
Administrative Assistant
Idaho State Tax Commission
P0 Box 36
Boise, ID 83722-0036
208-334-7500
Sincerely,
Steve Fiscus
Division Administrator
County Support Division
Equal Opportunity Employer • tax.idaho.gov • Hearing Impaired TDD [phone]
1:01 PM Evergreen Terrace Water Association
09104112 Profit & Loss
Cash Basis January 1 through September 4, 2012
Jan -Sep 4, 12
Ordinary IncomelExpense
Income
Late Fee Penalty 45.00
Water Service Fee
Additional Usage 6.00
Water Service Fee - Other 11,006.00
Total Water Service Fee 11,012.00
Total Income 11,057.00
Gross Profit
Expense
Contract Services
Enginneering
General Contractor
Legal Fees
Outside Contract Services
Contract Services - Other
Total Contract Services
Insurance
Insurance - Liability
Total Insurance
Operations
Analysis of Water
Bank Checking Fee
Building Permit
Chemicals
Newspaper Ad
Office Supplies
One Call Fee
Postage, Mailing Service
Utility Electric
Total Operations
Total Expense
Net Ordinary Income
Other IncomelExpense
Other Income
Bank Saving Dividend
Total Other Income
Net Other Income
Net Income
11,057.00
67,128.35
147,550.91
3,381.00
6,950.13
1,960.00
226,970.39
437.00
437.00
410.50
69.00
539.69
137.80
227.70
68.89
9.72
114.05
691.35
2,268.70
229,676.09
-218,619.09
0.06
0.06
0.06
-218,619.03
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