20050822Application.pdf

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OLD POWER HOUSE BUILDING ;;-
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120 EAST LAKE STREET SUITE 317 c: ot.tf'HS'Jluf'1- 1\ \ i I .-L v
SANDPOINT, IDAHO 83864
PHONE: [phone] FAX: [phone]
Gary A. Finney / John A. Finney / Rex A. Finney
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August 11 , 2005
Commission Secretary
Idaho Public Utili ties Commission
PO Box 83720Boise ID 83720-0074
H LU-LU-O6--0i
Re:Kootenai Heights Water System , Inc.
Our File No. 4433-38a
Dear Commission Secretary:
We are requesting an Application for a Certificate of
Public Convenience and Necessity for the Kootenai Heights Water
System.
(water system brief description & serv~ce area)
The Certificate Application Form is enclosed , together
the required supplemental information. Please issue a
Certificate of Public Convenience and Necessity authorizing
Kootenai Heights Water System , Inc. to operate as a public
utility in the state of Idaho , and to serve the geographical
area reque ted .
with
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Enclosures
iy yours
. -
APPLICATION TO THE IDAHO PUBLIC UTILITIES COlVIlVIISSION FOR A CERTIFICATE
OF PUBLIC CONVENIENCE AND NECESSITY TO OPERATE
A WATER UTILITY IN THE STATE OF IDAHO
Name of water company KOOTENAI HEIGHTS WATER SYSTEM, INC.
Name of primary contact person FLOYD N. McGHEE
Title PRESIDENT
Telephone number(s)
lVlailing address
City SANJ2EQlii.T
Street address 507
City SANDPOINT
E mail
208-265-4440
BOX 1925
State IDAHO
HUMBIRD STREET
State IDAHO Zip 83864
Zip
Type of business organization CORPORATION
(Corporation) (LLC) (partnership)(Proprietorship)
Is the company registered with the Idaho Secretary of State and authorized to
do business in Idaho? YES
L1~
M'~
WELL PLAN
;J'~
In what state is the company organized?IDAHO
Attach copies of applicable by-laws, articles of incorporation and/or other
organizational documents on file with the Idaho Secretary of State.
Are there any affiliated companies with which the water system shares
office space, e yees, expenses or provides services to the water
system? Yes No If yes, attach a detailed description of the relationship.
10.Attach a legal description for the certificated area to be served and a map if
available. LOTS 7-9 and 11-18 OF KOOTENAI HEIGHTS
LOT 10 IS THE WELL LOT - SEE ATTACHED PLAT
Attach a system map of the area showing the location of wells
reservoirs, water lines, booster pumps, valves, etc. Show location and
names of all public utilities, corporations, or persons with which the utility
will likely compete. THE AS BUILT PLANS ARE FILED WITH THE
IDAHO DIVISION OF ENVIRONMENT, ATTACHED IS A COpy OF
Attach the most recent DEQ Sanitary Survey (if applicable).
11.
12.
13.Certified operator wiII be KIRK MARI
14.Is the system approved by the Idaho D ent of Environmental
Quality (DEQ) or local health district'? Yes No
15.Attach information showing the water rights owned by the water utility.
THE WELL I S ON THE PROPERTY
Attach the anticipated schedule of construction including proposed
date to begin providing service. IN SERVICE
16.
;~-
17.Attach the estimated cost for utility construction and statement of
anticipated annual maintenance costs. COSTS INCLUDING LOT10 WAS $83,500.
Attach a statement of the manner in which the applicant proposes to
finance new utility construction. PAID BY WATER SERVICE
AGREEMENT - A COpy IS ATTACHED
Number of customers currently connected to system.
Residential 6
Commercial
18.
19.
20.Number of customers ultimately to be served by the system.
Residential
Commercial
21.Attach monthly consumption data for the customers currently connected
to the water system. Average monthly consumption fpr entire system is 31,000 gallons. Billing will start October 1, 2005as Qer Wat~~/Sewer Aq~eement ~22. Attach a deSCrIptIOn 01 proposed rates and charges. SEE WATER/ SEWER tYf"J AGREEMENTNote: Separate rates between residential customer rates and commercial
customer rates. Typically water rates are either a flat monthly
charge regardless of the amount of water consumed or a metered
rate with a basic charge that includes a block of water (OOOs of
gallons or OOs of cubic feet) plus a commodity charge for consumption
in excess of the initial block included in the basic charge.
23.
" -" -
Attach a set of detailed financial statements (income and balance sheet)
for the most recent three years for the water system (one or two if ne\y company)
or a detailed budget for a new system with no financial history.
Attach a list of current customers and mailing addresses.
You are required to inform your customers (if any) of the Application.
The notice should briefly describe the service area and proposed rates.It should include the Commission s phone number [phone] and
mailing address: Commission Secretary, Idaho Public Utilities Commission
PO Box 83720, Boise, Idaho 83720-0074.
Have the existing customers been notified? Yes/No
If yes, attach a copy of the Notice. If no, attach an explanation.
Attach samples of KOOTENAI HEIGHTS WATER SYSTEM
(Company name)
Bill statement
Reminder Notice - Termination of Service
Final Notice - Termination of Service
Rules Summary
Utility's General Rules and Regulations
ALL ARE WITHIN THE WATER SERVICE
i~~
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AGREEMENT
i:umisc/water help/Small Water Company - Filing an Application
CURRENT CUSTOMERS ON KOOTENAI HEIGHTS WATER SYSTEM
Lot #7 - Marie Verdier
Lot #8 - Harold Pedrini
Lot #12 - David Dorland
Lot #13 - Marcus & Gina Dun ton
Lot #14 - Dennis & Deni se Nygard
Lot #17 - Michael & Michelle Young
GARY A. FINNEY
FINNEy FINNEy & FINNEy
, P. A.Attorneys at Law
Old Power House Building
120 E. Lake Street
Sui te 317Sandpoint, Idaho 83864Telephone: [phone]Facsimile: [phone]
KOOTENAI HE I GET S~TER SE~I CE A~~NT AW ~S~NT(To Be Recorded with Bonner Coun~ Recor~r)WATER PROVIDER:Kootenai Heigh ts Water Sys ternCorpora tion Inc., an Idaho
LOT OWNER:
NAME :
ADDRESS:
Lot Owner s Lot: Kootenai Heights Lot #
(To be Completed)
and
THIS WATER SERVICE AGREEMENT ("Agreement") ~S entered into by
KOOTENAI HEIGHTS WATER SYSTEM Inc Idaho
be tween
Corpora tion referred to the Wa ter Provider regarding realproperty referred to as the Lot owned or being purchase by theabove named Lo t Owner.
NOW THEREFORE , the parties further agree tha t :
1 .The -Water Provider has developed a water system on Lot
10 of Kootenai Heights to be used by the ~ter Provider for waterto certain Lots in Kootenai Heights and for further development of
addi tional land lots the sole discretion the Wa terProvider.
2 .The ~ ter Provi~r has the option to proceed to further
WATER SERVICE AGREEMENT AND EASEMENT
Page 1 of 5
develop the water syst~
, as it chooses , at its sole discretion.
the
The syst~ will be developed accor~ng to stan~rds set forth byIdahoDepartmen t Health and Welfare Di visionEnvironmen tal Quali ty .
3 .Agreemen t to Provide Water
During the term of this Agreement
the Water Provider shallprovide water to the Lot O~er and persons
~o si~ and enter intothisagreemen t for household dome s ti c purposes reasonablequan ti ties and for the cost and subject to the terms set forthherein.Irrigation of yards shall be done at t~es of low waternot to interfere with household water uses-
usage so
wa ter provided strictly Thefortheusesinglefamilyresidence on the Lot.
Hook-up Fee
to each Lot wa
ter is provided to.
The ~ter Provider shall be paid a hook-fee with respect
THOUSAND DOLLARS ($5 , 000.00), which shall be paid at the t~e
The hook-up fee shall be FIVE
execu ting thi s agreemen t .
In addi tion to the hook -up,each Lot Owner shall pay awa ter usage fee in the ~oun t of NRTY DOL~S ($40.00) per monthfor 10 000 gallons , wi th the excess gallons used over 10 000 perman th being a t the ra te of $ 4 . 00 per thousand gallons.Each Lo Owner user shall receive water through a water meter. The cost ofthe me ter and its ins talla tion shall be paid by Water Provider.Th e at tac~en t to the wa ter me ter shall be pai d by the La O~ er The monthly charge shall not be increased for a period of thefirst five (5) years; however
, effective each
knuary 1 thereafter
WATER SERVICE AGREEMENT AND EASEMENT
Page 2 of 5
the monthly water charges may be increased , but such increases areimi ted to:(i) the percen tage ~ncreases the perresidence cost of operation and maintenance of the water syst~;
(ii) five percent (5%)(iii) equivalent the cost
other water users in Bonner County.The limi ta tion on increasesshallnotapplyincreasedopera tion and main tenance costsincurredtheWa ter Provider direct resul t the
requiremen ts federal state andl or local standards for thewater usage.The Water Provider shall provide reasonable wri tten
documen ta tion of the operation and maintenance expense in order to
support the increase in fees.The monthly user fee commences whenthi s agreement is signed.
The Water Provider not required send any mon thlybillings to the Lot Owner.The Lot Owner shall pay the monthly
fee the Wa ter Provider due the 1 st day the mon th
following signing this agreement.The water usage fee shall bedue & payable on the 1 st day of each and every succeeding month
and if not paid by the 10 lli day of
said month the payment is late
and the Lot Owner shall also pay a late payment fee of $10.00 for
each and every la te payment.If the monthly water usage fees are
not paid in full for a period of thirty days after due then in
addi tion to the late fees due the water usage shall be terminated
by the Water Provider by locking the meter and an addi tional fee
of $50.~s payable before water usage con tinued or turned
back on at the meter.
The Water Provider will send billings to the Lot Owner on or
abcu t May and October each year for the purpo s
WATER SERVICE AGREEMENT AND EASEMENT
Page 3 of 5
, 000 gallons per month.
computing billing for the excess water usage over the allowed
EASEMENT
The Lot Owner grants and the Wa ter Provider reserveseasement on each Kootenai Heights Lot over under & acros s thewesterlyfeeteachLot.The wa ter line locatedapproxima tely 7 . 5 feet from the west line each Lot.Theeas~ent is for the ~ter Provi~r and for ~eration , maintenancer~air and r~lac~ent of the meter , water lines and water syst~
and the Easement is also for the Water Operator to have ~ngress
for the pu~ose of reading and accessing the water meter.
and egress from Humbird Street over and
across the Lot O~er ' s Lot
The Lot O~er shall only have the right to transfer thewa ter usage and righ ts wi th the sale or transfer of their Lot;however , the ~ter Provider shall be paid all =ounts owing beforesuch transfer occurs.The Water Provider shall have the right sell , convey and transfer is water syst~ to any third parry or a
corpora tion organi z ed of said purposes the Lot Owner s ,which time the Wa ter Provider shall en tirely released anddischarged of all obligation and li~ility for said water syst~
wa ter system shall be solely responsible and liable.
or water furnishing and the new party or entity acquiring said
S~ultaneously wi th the sale or transfer of any Lot
, the LotOwner shall do a written assig=ent of its rights hereunder to the
The assignment shall be in writing,
new Lot ~er ~o shall asS=e the obligation of this agre~ent.
to the Water Provider.
recorded and a copy provided
WATER SERVICE AGREEMENT AJ.'ID EASEMENTPage 4 of 5
EXECUTED AND EFFECTIVE this day
Kootenai Heights Water Sys tern , Inc.Wa ter Provider
By:
Officer
By:
Lo t Owner
By:
Lot Owner
STATE OF IDAHO
COUNTY OF BONNER ss.
On this day of ,, before me the u:ldersignedNota~ P~lic personally ~pear co~orate officer andproved to me on the basis of satisfactory evidence , to be theperson ~ose n~e is s~scribed to the wi thin instr=ent andacknowledged to me that such co~oration executed as the s~e behalf of Kootenai Heights Water System , Inc an IdahoCOrpora tion
Notary Public-State of IdahoResiding at:
My Commission Expires:
STATE OF IDAHO
: s. s .COUNTY OF BONNER
On this day of 20 undersigned Notary Public personally appear
Lot Owner , known to methe basis of sa tisfactory evidence , to be theare subscribed to the wi thin ins trumen t andtha t they execu ted the same.
bef ore the
or proved to me
persons whose nameacknowledged to me
Notary Public - State of IdahoResiding at
My Commission exp~res
WATER SERVICE AGREEMENT AND EASEMENT
Page 5 of 5
WAIVER OF NOTICE
OF THE COMBINED ORGANIZATIONAL MEETING OF
THE BOARD OF DIRECTORS AND SHAREHOLDERS
KOOTENAI HEIGHTS WATER SYSTEM , INC.
, 2005
, the undersigned being all the Directors of the
Corporation , hereby agree and consent to the organizational
meeting of the Board of Directors of the Corporation being held
a t the place and on the time and date designated herein , and do
hereby waive all notice whatsoever of such meeting.
Place of Meeting:120 E. Lake St , Ste 317 , Sandpoint
Da te of Meeting:
Time of Meeting:
The pUrpose of the organizational meeting shall be to
conduct all business necessary and proper for the organization
of the corporation.
DIRECTOR:
F . N. MCGHEE
INITIAL DIRECTOR
WAIVER OF NOTICE OF THE COMBINED ORGANIZATIONAL MEETING OF
THE BOARD OF DIRECTORS AND SHAREHOLDERS - 1
MINUTE S
OF THE COMBINED ORGANIZATIONAL MEETING OF
THE BOARD OF DIRECTORS AND SHAREHOLDERS
KOOTENAI HEIGHTS WATER SYSTEM , INC.
, 2005
A combined organizational meeting of the members of the
Board of Directors and Shareholders of KOOTENAI HEIGHTS WATER
SYSTEM, INC. was held at m. on the day of
, 2005 at 120 E. Lake Street , Ste 317 , Sandpoint.
The following Directors , being those so designated in the
Articles of Incorporation , were present: F. N. MCGHEE.
Also present was: GARY A. FINNEY , attorney
By unanimous vote of the Directors , F.N. McGHEE was elected
temporary President and MICKIE McGHEE was elected temporary
Secretary, for the purposes of conducting the organizational
meeting until the officers are duly appointed and elected.
The Secretary then presented to the meeting, the wri tten
Waiver of Notice of the Combined Organizational Meeting of the
Board of Directors and Shareholders.The Secretary was
ins tructed to insert the Waiver in to the minute book of the
Corpora tion
Upon motion duly made , seconded and unanimously carried
the following resolutions were adopted by the initial Board of
Directors:
MINUTES OF THE COMBINED ORGANIZATIONAL MEETING OF
THE BOARD OF DIRECTORS AND SHAREHOLDERS - 1
ARTICLES OF INCORPORATION
RESOLVED , that the Articles of Incorporation of the
Corporation as filed with the Idaho Secretary of State on
Dec~er 1 , 2004 bearing the I~ho Secreta~ of State's filing
number C157537 , be inserted into the Corporate Record and Minute
Book , and that the con ten ts of the Articles of Incorporation are
hereby accepted and ratified by this Board of Directors.
BYLAWS
RESOLVED , that the Bylaws submi tted to and reviewed by the
Board of Directors be , and hereby are , adopted as the Bylaws of
the Corporation for the regulation of the affairs of the
Corpora tion
FURTHER RESOLVED , that the Secretary certify said Bylaws as
having been adopted as of the date of this meeting and action of
the Corporation , and insert the Bylaws in to the Corporate Record
and Minute Book.
ELECTION OF OFFICERS
RESOLVED , that the following persons are hereby elected
the offices set forth opposi te their respective names , and the
persons shall serve in office until their successors are duly
elected and qualified:
N. McGHEE
MICKIE McGHEE
MICKIE McGHEE
MICKIE McGHEE
President
Vice-Presiden t
Secretary
Treasurer
MINUTES OF THE COMBINED ORGANIZATIONAL MEETING OF
THE BOARD OF DIRECTORS AND SHAREHOLDERS - 2
The President then assumed the position of chair of the
meeting and the Secretary then assumed the responsibili
ties of
the secretary of the meeting.
CORPORATE RECORD AND MINUTE BOOK
RESOLVED , that the Corporation shall maintain , as part of
the corporate records , a Corporate Record and Minute Book , which
shall contain the Articles of Incorporation and amendments
thereto , the Bylaws and amendments thereto minutes of all
meetings held by the Corporation's Directors and/or Shareholders
and notice thereof or waiver of notice.
FURTHER RESOLVED , that the Secretary of the Corporation
directed to procure and maintain said Corporate Record and
Minu te Book and other such books and records as may be required
or appropriate.
ADOPTION OF SEAL
RESOLVED , that a Corporate seal consisting of the name of
the Corporation is adopted as the seal of the Corporation.
QUALIFICATION TO DO BUSINESS
RESOLVED , that the appropriate officers of the Corporation
, and hereby are , authorized , empowered , and directed in the
name of and on behalf of the Corporation to prepare or cause
be prepared , verified , and filed , and to take any and all other
actions they deem necessary or advisable ~n order to obtain ~n
the name of the Corporation , any and all licenses and permi ts ,
MINUTES OF THE COMBINED ORGANIZATIONAL MEETING OF
THE BOARD OF DIRECTORS AND SHAREHOLDERS - 3
taxes and otherwise , as may be required and/or necessary for the
conduct of the business of the Corporation by any federal
state , county, or municipal governmental statute , ordinance , or
regulation , and to transact business in compliance wi
th the laws
and regulations of any appropriate federal
, state , county, or
municipal governmental au thori ty, and that any such action
previously taken by the incorporator or promoter of the
Corporation in this resect be , and it hereby is , approved
ratified , adopted , and confirmed.
ADOPTION OF ACCOUNTING YEAR
RESOLVED , that the first accounting year of the Corporation
~s hereby fixed from the date of receipt of the Certificate of
Incorporation from the Idaho Secretary of State to December 31
2004 , and thereafter the accounting year of the Corporation
shall end on December 31 of each year.
PAYMENTS OF EXPENSES OF INCORPORATION
WHEREAS , the Corporation or incorporator or promotor have
incurred certain expenses and
paid certain fees in connection
wi th the incorporation and organi za tion hereof , and the
Treasurer has presented the Board wi th a report of such expenses
and fees , which have been reviewed by the Corporation , and the
members of the Board are informed and believe that said report
accurately reflects all of those costs reasonably incurred in
MINUTES OF THE COMBINED ORGANIZATIONAL MEETING OF
THE BOARD OF DIRECTORS AND SHAREHOLDERS - 4
connection wi th the incorporation and organization of the
Corpora tion;
RESOLVED , that the Treasurer is authorized and directed
pay all costs of the incorporation and organization of the
Corpora tion , and to reimburse the persons advancing funds on
behalf of the Corporation for expenses and fees paid , as set
forth in the report g~ ven .
SUBCHAPTER " S" ELECTION
WHEREAS , after a discussion of the benefi ts to the
Corpora tion and the shareholders of the Corporation being taxed
as a Subchapter " S" corporation wi thin the meaning of the
In ternal Revenue Code
RESOLVED , that the Corporation elect tax trea tmen t pursuant
to Subchapter " S" of the Internal Revenue Code;
FURTHER RESOLVED , that the officers of the Corporation are
authorized and directed to prepare all documents and election
necessary to effectuate the election herein.
ISSUANCE OF COMMON STOCK & DEBT
WHERE AS , as part of the ini tial organi za tion of the
Corpora tion , the Corporation agrees it has received value in the
form of real es ta te and money from F. N. & Mickie McGhee which
includes but is not limi ted to the following:
1 .Real Estate
(Lot 10 and Well Lot Lease on
Well Distribution (Bronson)
Distribution System (Normco)
$40 000.
2 .
Lot
$11 370.
915.
MINUTES OF THE COMBINED ORGANIZATIONAL MEETING OF
THE BOARD OF DIRECTORS AND SHAREHOLDERS - 5
7 .
8 .
Well house
Pump, Pressure ElectricalEngineering
LegalMiscellaneous (Not specified yet)
TOTAL :
000.
$16 910.
800.
500.
$88 500.
For and in consideration of the $88 500.00 the Corporation
and McGhees agree that $5 000.00 shall be capitalization money
for which the Corporation shall issue STOCK to McGhees.The
rema~n~ng $83 500.00 shall be on a loan from the McGhees to the
Corporation to the repaid upon a Promissory Note plus
in teres t , due on demand in whole or ~n part , and if no demand
then all due , 2010.
WHEREAS , the corporation is authorized by the Articles of
Incorporation to issue 500 000 shares of common stock
, and it
deemed in the best interest of the Corporation to
issue common
stock to the persons in the amounts and for the consideration
set forth herein:
F. N. McGHEE and MICKIE McGHEE husband and wife:100 000 shares
RESOLVED , that the officers of the Corporation are
authorized and directed to issue the shares of common stock as
set forth herein , and said shares of stock shall be evidenced in
accordance wi th the Bylaws.
FURTHER RESOLVED , that the Board of Directors in the
exercise of its business judgment determined that the fair value
MINUTES OF THE COMBINED ORGANIZATIONAL MEETING OF
THE BOARD OF DIRECTORS AND SHAREHOLDERS -
to the Corporation of the consideration received for the
issuance of the shares is sufficient.
FURTHER RESOLVED , that the officers of the Corporation are
authorized and directed to issue a promissory note as set forth
herein.
DESIGNATION OF BANK
WHEREAS , the Corporation will be benefi ted by the
designation of a bank and the establishment of an account or
accounts into which the funds of the Corporation be deposited
and which may be wi thdrawn for the transaction of the business
of the Corporation.
RESOLVED , that the officers of the Corporation are
authorized and directed to select a bank as a deposi
tory and
establish an account or accounts that are necessary or
appropriate for the conduct of the business of the Corporation.
FURTHER RESOLVED , that the establishment of any and all
accounts prior to incorporation is hereby ratified and the
incorporator is hereby released.
Upon motion duly made , seconded and unanimously carried
the following resolutions were adopted by the Shareholders:
ELECTION OF DIRECTORS
RESOLVED , that the following persons are hereby elected as
Directors of the Corporation , and the persons shall serve in
office until their successors are duly elected and qualified:
MINUTES OF THE COMBINED ORGANIZATIONAL MEETING OF
THE BOARD OF DIRECTORS AND SHAREHOLDERS -
N. McGHEE:
MICKIE McGHEE:Director and Chairman
Director
ADJOURNMENT
THERE being no further business to come before the meeting,
the meeting was adj ourned upon motion duly made , seconded and
unanimously carried by the Board of Directors and Shareholders.
DATED this day of February, 2005.
F . N. McGHEE
PRESIDENT MICKIE McGHEE
SECRETARY
APPROVED BY THE DIRECTORS and SHAREHOLDERS this
of February, 2005:day
N. McGHEE
DIRECTOR & SHAREHOLDER MICKIE McGHEE
DIRECTOR & SHAREHOLDER
MINUTES OF THE COMBINED ORGANIZATIONAL MEETING OF
THE BOARD OF DIRECTORS AND SHAREHOLDERS - 8
BY-LAWS
KOOTENAI HEIGHTS WATER SYSTEM , INC.
ARTICLE I
Offices
The principal office of the Corporation in the State of Idaho
shall be located in Bonner County.The Corporation may have such
other offices , either wi thin or without the State of Idaho , as the
Board of Directors may designate or as the business of the
Corpora tion may require from time to time.
ARTICLE
Shareholders
Section Annual Meetin The annual meeting of the
shareholders shall be held on the 30th day of June in each year
beginning in the year 2005 at the hour of 10: 00 for the
purpose of electing directors and for the transaction of such
other business as may come before the meeting.I f the fixed da
for the annual meeting shall be a legal holiday in the State of
Idaho , such meeting shall be held on the next succeeding business
day.If the election of directors shall not be held on the day
designa ted herein for any annual meeting of the shareholders
, or
at any adjournment thereof , the Board of Directors shall cause the
election to be held at a special meeting of the shareholders as
soon thereafter as conveniently may be.
Section 2. ~ecial Meeting~Special meetings of the
BY-LAWS - 1
shareholders may be called at any t~e for any purpose unless
otherwise prescribed by statute by the President or by the Board
of Directors.If more than eighteen months are allowed to elapse
without the annual shareholders I meeting
being held , any
shareholder may call such meeting to be held at the registered
office of the Corporation.At any t~e upon written request of
any director , or of any shareholder or shareholders , holding in
~e a~re~te one-fifth of the voting power of all shareholoors
it shall be the oo~ of the Secreta~ to call a special meeting of
the shareholders to be held at the registered office at such
timeas the Secreta~ m~ fix , no less ~an ten , nor more than ~ir~-five ~s after the receipt of such re~est, and if ilie Secreta~
shall neglect or refuse to issue such call
, the director or
shareholder or shareholders making the request may do
so.
Section 3. Place of Meeting:The Board of Directors may
designate any place , either wi thin or wi thout the State of Idaho
as the place of meeting for any annual meeting or for any special
meeting called by the Board of Directors.
A waiver of notice
signed by all shareholders en ti tIed to vote at a meeting may
designate any place , either within or without the State of Idaho
as the place for the holding of such meeting.If no designation
is made , or if a special meeting be otherwise called , the place of
meeting shall be the registered office of
the Corporation in the
State of Idaho.
BY-LAWS - 2
Section 4. Notice of Meeting~Written or printed notice
stating the place , day, and hour of the meeting and , in case of a
special ~eting, the pu~ose or pu~oses for mich the ~eting
called , shall be Mlivered not less than ten , nor =re than fif~~s before the date of the meeting, eiilier personally or by ~il
by or at the ~rec tion of the Pres i~n t or ~e Secre taq, or the
officer or persons calling the meeting, to each shareholder
record en ti tled to vote at such meeting.If mailed , such notice
shall be deemed to be delivered when deposited
in the United
States mail , addressed to the shareholder at his address as it
appears on the stock transfer books of the Corporation
, with
pos tage thereon prepaid.
Section 5. Closing of Transfer Books or Fixing of Record
Da te: For the purpose of determining shareholders en ti tIed to
recei ve payment of any dividend , or in order to make a
determina tion of shareholders for any other proper purpose
, the
Board of Directors of the Corporation may provide that the stock
transfer books shall be closed for a stated period , but not to
exceed in any case , forty days.If the stock transfer books
shall be closed for the purpose of determining shareholders
en ti tIed to notice of or to vote at a meeting of shareholders
such books shall be closed for at least forty days immediately
preceding such meeting.
In lieu of closing the stock transfer
books , the Board of Directors may fix in advance , a date as the
BY-LAWS - 3
record date for any such determination of shareholders
, such date
~n any case to be not more than forty days and
, in case of a
meeting of shareholders
, not less than thirty days
prior to the
date on ~ich the particular action , re~iring such ~te=ination
of shareholders is to be taken.If the stock transfer books are
not closed and no record date
is fixed for the determination of
sharehol~rs , or of shareholders entitled to receive pa~nt
divioond , ~e date on ~ich notice of the meeting
is mailed or the~te on which the resolution of the Board of Directors ~claring
such dividends is adopted , as the case may be , shall be the record
date for such determination of shareholders.
When a deterrnina tionof shareholders en ti tIed to vote at any meeting of shareholders
has been made as provided in this section
, such determination
shall apply to any adj ournrnen t thereof except where the
determination has been made through the Closing of the
stock
transfer books and the stated period of Closing has expired.
Section 6. Quorum: simple majori ty of the outstanding
shares of the Co~oration entitled to vote r~resented in person
or by proxy, shall constitute a quorum at a meeting of
shareholders.If less than a majority of the outstanding shares
are represented at a meeting, majority of the shares so
represen ted may adj ourn the meeting from tLme to time
wi thou t
further notice.At such adj ourned meeting at which a quorum shall
be present or represented , any business may be transacted which
BY-LAWS - 4
might ha~ been transacted at the ~eting as originally notified.
The sharehol~rs present at a ooly organized meeting may continueto transact business until adjour~nt
, notwithstanding the
with~awal of enou~ sharehol~rs to leave less ~an ~o=.
Section Proxies: At all meetings of shareholders
, a
shareholder may vote by proxy executed in writing by the
shareholder or by his duly authorized attorney in fact.Such
proxy shall be filed with the Secretary of the Corporation before
or at the time of the meeting.No proxy shall be valid after
eleven months from the date of its execution , unless otherwise
provided by the proxy.
Section 8. Voting of Shares:Subject to the provisions of
Section 9 of this Article II , each outstanding share entitled to
vote shall be en ti tIed to one vote upon each matter submitted
to a
vote at a meeting of the shareholders.
Secti on 9. C=u~a ti ve ~tin~At each e~ection for directors
every shareholder en ti tIed to vote at such election shall have the
righ t to vote , in person or by proxy, the number of shares owned
by him for as many persons as there are directors to be elected
and for whose election he has a right to vote , or to cumulate his
votes by giving one candidate as many votes as the number of such
directors =ltiplied by the n~er of his shares shall e~al
by distributing such votes on the s~ principle ~ong a~ n~er
of candidates.
BY-LAWS - 5
Section 10. Info~l ktion b~ Sharehol~rs:My actionre~ired to be taken at a ~eting of the sharehol~rs , or other action ~ich m~ be taken at a ~eting of the sharehol&rs
m~ be tuen without a ~eting if a consent in writing, settingfor~ the action so taken , shall be signed all of
sharehol~rs entitled to vote wi~ re~ect to the s~ject ~tterthereof.Said consen t may be execu ted in one or more
coun te~arts , each of ~ich shall be ~~ed an original but allof ~ich together shall constiwte one and ilie S~e inst=ent.
ARTICLE III
Board of Directors
Section 1. General Powers: The business and affairs of
the
Corpora tion shall be managed by its Board of Directors.
Section 2. Number , Tenure , and Qualifications: The number of
directors of ilie Co~oration shall be no less than one , nor =re~an n~ne (9), as set fr~ tue to tue ~ ~e Board of Directors.
Each ~rector shall hold office until the next annual ~eting the sharehol~rs and until their successor shall have been elected
and qualified.Directors need not be residents of the State
Idaho or shareholders of the Corporation.
Section 3. Regular Meetings:A regular meeting of the Board
of Directors shall be held without notice other than
this by-
law , immediately after and
a t the same place , as the annual
meeting of the shareholders.The Board of Directors may provide
by resolution , the t~e and place , either within or wi~out the
BY-LAWS - 6
State of I~ho , for the holding of a~itional re~lar ~etings
wi thout other notice than such resolution.
Section 4. ~ecial ~etin~~ecial ~etings of the Board ofDirectors m~ be called by or at ilie re~est of ilie Presi~nt
any two directors.The person or persons authorized to callspecial meetings of ~e Board of Directors ~y fix a~ placeei~er within or wiiliout the State of r~ho , as the place forholding a~ special meeting of the Board of Directors called by
them .
Section 5. ~tice: ~tice of any special ~eting shall be
given at least three d~s prior ~ereto by ~itten noticede1i~red personally or ~iled to each ~rector at his businessaddress, or by telegram.If mailed , such notice shall be deemed
to be ~livered ~en d~osited in the ~ited States mail so
addressed , wi th postage thereon prepaid.If notice be given bytelegr~, such notice shall be ~~d to be ~li~red ~en thetelegr~ is Mli~red to the telegr~h c~any.Any director may
waive notice of any meeting.The attendance of a director at ameeting shall constitute a wai~r of notice of such ~eting,exc~t ~ere a director attends a meeting for the
e~ress pu~oseof ~jecting to the transaction of a~ business because
meeting is not lawfully called or convened.
to be transacted at , nor the pu~ose of , any re~lar or special
Nei ther the business
meeting of the Board of Directors need be specified in
~e notice
BY-LAWS - 7
or waiver of notice of such meeting.
Section 6. Quor=: A majori~ of the n~er of ~rectorsfixed section 2 of this kticle III shall constitute a ~or=
for the transaction of business at any
~eting, a majori~ of thedirectors present
~y
adjourn ~e ~eting fr= time to
wi thout further notice.
Section 7. ~ner of Actin : The act of the majori~ of the
~rectors present at a ~eting at ~ich a ~or= is present shall
be the act of the Board of Directors.
Section 8. C=ittees: The Board of Directors m~ est~lish
c=ittees fr= t~ to t~e for the pu~ose of consi~ration
of a
particular issue or matter.
Section 9. R~oval of Directors: MY or all of the directorsm~ be r~ved for cause ~tr~ental to ~e best interest of theCo~oration by a majori~ vote of ~e Sharehol~rs or any ~jori~
vote of the Board.
Section 10. Vacancies: MY vacancy occurring in the Board of
Directors may be filled by the affi=ative vote of a majori~ ~e r~aining directors thou~ less than a ~or= of ~e Board ofDirectors.A director elected to fill a vacancy shall be elected
for the unexpired term of his predecessor in office.
Section 11. Increase in Directors: MY ~rectorship to befilled ~ reason of an increase in the n~er of directors shall
be filled by election at an an=al ~eting or at a special ~eting
BY-LAWS - 8
of shareholders called for the purpose.
Section 12. Presumption of Assent:A director of the
Corporation who is present at a meeting of the Board of Directors
at which action on any COrporate matter
is taken shall be presumed
to have assented to the action unless his dissent shall be entered
in the minutes of the meeting or unless he shall file his written
~ssent to such action with the person acting as the Secretary
the meeting before the adjournment thereof or shall forward suchdissent by registered mail to the Secretary of the Corporation
immediately after the adjournment of the meeting.Such right to
dissent shall not apply to a director who voted
in favor of such
action.
ARTICLE IV
Officers
Section 1. Number: The officers of the Corporation
shall be a
President , a Vice-President , a Secretary, and a Treasurer , each of
whom shall be elected by the Board of Directors.The Secretary
and Treasurer may be combined in to one person.Any two (2) or
more offices may be held by the same person
, except President and
Secretary Such other officers , assistant officers , and managers
as may be deemed necessary may be elected or appointed by the
Board of Directors.Officers need not be residents of Idaho or
shareholders of the Corporation.
Section 2. Election and Term of Offices:The Officers of the
Corpora tion to be elected by the Board of Directors shall be
BY-LAWS - 9
elected annually by the Board of Directors at the first meeting of
the Board of Directors held after each annual meeting of the
shareholders.If the election of officers shall not be held at
such meeting, such election shall be held as Soon thereafter as
convenien tly may be.Each officer shall hold office until his
successor shall have been duly elected and shall have qualified
un til his death or until he shall resign or shall have been
removed in the manner hereinafter provided.
Section 3. Removal: Any officer or agent elected or appointed
by the Board of Directors may be removed by the Board of Directors
whenever its j udgmen the best in teres ts of the Corporation
would be served thereby,but such removal shall be without
prejudice the con tract rights if any,the per son so
removed.
Section 4. Vacancies: A vacancy ~n any office because of
dea th , resignation , removal , disqualification , or otherwise , may
be filled by the Board of Directors for an unexpired portion of
the term.
Section 5. President: The President shall be the principal
executive officer of the Corporation and , subject to the control
of the Board of Directors , shall in general supervise and control
all of the business affairs of the Corporation.The President
shall , when present preside at all the meetings of the
shareholders and of the Board of Directors.The President may
BY-LAWS - 10
s~gn with the Secretary or any other proper officer of the
Corporation thereunto authorized by the Board of Directors
certifica tes for shares of the Corporation , any deeds , mortgages
bonds , contracts , or other instruments which the Board of
Directors has authorized to be executed , except in cases where the
signing and execution thereof shall be expressly delegated by the
Board of Directors or by these by-laws to some other officer
agen t of the Corporation , or shall be required by law to be
otherwise signed or executed , and in general shall perform all
duties incident to the office of President and such other duties
as may be prescribed by the Board of Directors from time to time.
Section 6. Vice-President: In the absence of the President
the Vice-President shall assume the duties of President.
Section Secretary:The Secretary shall , a) keep the
minu tes of the shareholders r meetings and of the Board of
Directors ' meetings in one or more books provided for that
purpose; b) see that all notices are duly given in accordance wi
the provisions of these by-laws as required by law; c) be
custodian of corporate records and of the seal of the Corporation
and see that the seal of the Corporation is affixed to all
documen ts , the execution of which on behalf of the Corporation
under its seal is duly authorized; d) keep a register of the post
office address of each shareholder which shall be furnished to the
Secretary by such stockholder; e) sign with the President
BY-LAWS - 11
certifica tes for shares of Corporation , the ~ssuance of which
shall have been authorized by resolution of the Board of
Directors; f) have general charge of the stock transfer books of
the Corporation; g) in general shall perform all duties as from
time to time may be assigned to him by the President or by the
Board of Directors.
Section 8. Treasurer:If required by the Board of Directors
the Treasurer shall give a bond for the faithful discharge of his
duties in such sum and with such surety or sureties as the Board
of Directors shall determine.The Treasurer shall , a) have charge
and custody of and be responsible for all funds and securities of
the Corporation; b) receive and give receipts for monies due and
payable to the Corporation from any source whatsoever , and deposit
all such moneys in the name of the Corporation in such banks
trust companies , or other deposi tories as shall be selected in
accordance with the provisions of Article V of these by-laws; and
c) in general shall perform all the duties incident to the office
of the Treasurer and such other duties as from time to time may be
assigned to him by the President or by the Board of Directors.
Section 9. Assistant Secretaries and Assistant Treasurers:
The Assistant Secretaries , when authorized by the Board of
Directors may sign with the President , certificates for shares of
the Corporation , the issuance of which shall have been authorized
by a resolution of the Board of Directors.The Assistant
BY-LAWS - 12
, Treasurers shall respectively, if required by the Board of
Directors , give bonds for the faithful discharge of their duties
in such sums and wi th such sureties as the Board of Directors
shall determine.The Assistant Secretaries and Assistant
Treasurers , in general , shall perform such duties as shall be
assigned to them by the Secretary or the Treasurer , respectively,
or by the President or the Board of Directors.
Section 10. Salaries: The salaries or compensation of the
officers , or any agent that may be necessary for the business of
the Corporation who are appointed by the Board of Directors , shall
be fixed from time to time by the Board of Directors , and no
officer or agent shall be prevented from receiving such salary by
reason of the fact that he or she is also a director of the
Corpora tion
ARTICLE V
Con tracts , Loans , Checks , and Deposits
Section 1. Contracts: The Board of Directors may authorize
any officer or officers , agent or agents , to enter into any
contract or execute and deliver any instrument in the name of and
on behalf of the Corporation , and such au thori ty may be general or
confined to specific instances.
Section 2. Loans: No loans shall be contracted on behalf of
the Corporation and no evidence of indebtedness shall be issued in
its name unless authorized by a resolution of the Board of
Directors.Such authority may be general or confined to specific
BY-LAWS - 13
instances.
Section 3. Checks, Drafts , Etc: All checks , drafts , or other
orders for the payment of money, notes or other evidences of
indebtedness issued in the name of the Corporation shall be signed
by such officer or officers , agent or agents , of the Corporation
and in such manner as shall from time to time be determined by
resolution of the Board of Directors.
Section 4. ~osi ts:All funds of the Corporation not
otherwise employed shall be deposited from time to time to the
credi t of the Corporation in such banks , trust companies , or other
deposi tories as the Board of Directors may select.
ARTICLE VI
Shares and their Transfer
Section 1. Certificateless Shares: The shares of the
Corporation shall be without certificates.The name and address
of the person to whom the shares are issued and the date of issue
shall be entered on the stock transfer books of the Corporation.
Section 2. Transfer of Shares: Transfer of shares of the
Corporation shall be made only on the stock transfer books of the
Corpora tion by the holder of record thereof or by hi s legal
representative , who shall furnish proper evidence of authority
transfer , or by his attorney thereto authorized by power of
attorney duly executed and .filed with the secretary of the
Corporation , and on surrender of written evidence transfer for
such shares.The person in whose name shares stand in the books
BY-LAWS - 14
of the Corporation shall be deemed by the Corporation to be the
owner thereof for all purposes.
ARTICLE VII
Fiscal Year
The fiscal year of the Corporation shall begin on the first
day of January and end on the thirty-first day of December in each
year.
ARTICLE VIII
Dividends
The Board of Directors may from time to time declare , and the
Corporation may pay, dividends on its outstanding shares in the
manner and upon the terms and conditions by law and its Articles
of Incorporation.
ARTICLE IX
Seal
The Corporation may operate with a seal , but is not required
to do so.
ARTICLE X
Waiver of Notice
Whenever any notice is required to be g~ven to any
shareholder or directors of the Corporation under the provisions
of these by-laws or under the provisions of the Articles of
Incorpora tion or under the provisions of the Idaho Code , a waiver
thereof in writing, signed by the person or persons en ti tIed to
such notice , whether before or after the time stated therein
shall be deemed equi valen t to the giving of such notice.
BY-LAWS - 15
ARTICLE XI
Amendmen ts
These by-laws may be amended by the Board of Directors at any
regular or special meeting of the Board of Directors.
ART I CLE XI I
Power to Borrow Money
The Board of Directors shall have the power to borrow money
for the purpose of meeting the Corporation's obligations in
connection with the ownership, operation , repair , maintenance , and
control of its property, and in connection with the operation of
the business.
CERTIFICATION
KNOW ALL MEN BY THESE PRESENTS , that I , the undersigned
Secretary of the Corporation MICKIE McGHEE , do hereby certify
that the above and foregoing by-laws were duly adopted as the by-
laws of said Corporation on the day of February, 2005 , and
that the same do now consti tute the by-laws of said Corporation.
MICKIE McGHEE
Secretary
ATTEST:
F . N. McGHEE
Presiden t
BY-LAWS - 16
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GARY A. FINNEY
FINNEY FINNEY & FINNEY , P . A .
Attorneys at Law
Old Power House Building
120 E. Lake Street , Suite 317Sandpoint, Idaho 83864Telephone: [phone]Facsimile: [phone]
~\LEO 7J /J/uy
ZOOS J~N i W \ 3: 3 b
LbO
MAR1E SCOTT
JNSER COUHTY RECORDER
DEPUTY
668254
CERTIFICATION
(Idaho Code ~55-1334 (3) )
Kootenai Heights Water Association Inc.certifies that it
complies with Idaho Code ~55-1334 (3)and that has Lot
Kootenai Heights as its well site and distribution owned free and
clear and it has paid for the well and entire distribution system
cash and that has sufficient capi tal provide wa ter
serv~ce without further connection charges or fees except for
being paid the hook up connection fee and the monthly users fee
for each Lot.
Koote~ghts Wa~er ~ys ~em
. ,.:.- / /,'/ '"/ //. ... ./ /..-
By: F.N. McGhee
President
Inc.
CERTIFICATION
Page 1 of 2
STATE OF IDAHO
COUNTY OF BONNER ss.
On this 1/ day of 11/112 t2 bef ore me theun~rsi~ed N~~lic
, pars nally eared , F.N. ~~ee , andproved to me on the basis of satisfactory evidence , to be thePresident of the COrporation that executed the instrument or theperson who executed the instrument on behalf of the corporationand acknowledged to me that such corporation executed as the
same.
2-(j
(/) "
CERTIFICATION
Page 2 of 2
GARY A. FINNEY
FINNEY FINNEY & FINNEY , P . A.Attorneys at Law
Old Power House Building
120 E. Lake Street , Suite 317Sandpoint, Idaho 83864Telephone: [phone]Facsimile: [phone]
668253
ILEO BY
ZO~..X~ 3: 35
HARlE SCOTT
") '
::D~mER COUNTY RECOhDEi\
DEPUTY
CLAAIFI~TI~ - ~DIFI~I~
p~
OF ~OTE~I HEIGHTS(~C~ED ~~ER 6 , 1995 , BOOK 5
~~
88 OF PUTS , INS~~TNO . 4 75515 )
(To Be Recorded)
Platting Owners:Floyd McGhee & ~ckie McGhee
The undersigned hereby state declare clarify,and modify
the Plat of Kootenai Heights , as follows:
The above described Plat of Kootenai Heights page states:
Water Service Note"
The Lots as sho~ on ~e plat will be serviced ~ ~e Ci~
Sandpoint Water System.
2 .Subsequent to the Plat it was determined that the Cityof Sandpoint would serve water to the eastern one-half of thePlat, Lots (19-36), and Lots 1 , 2 & 3 of the western lots , but
would not serve the remaining Lots.
This is to clarify tha t s~nce the inception of the Plat
to the pres en t date the City of Sandpoin t has not and does notagree to furnish Ci~ of S~~oint ~ter Service to Lots 4 ~ou~CLARIFICATION - MODIFICATION OF A PLAT OF KOOTENAI HEIGHTS
Page 1 of 2
18 of the Plat of Kootenai Heights.
For water service the Kootenai Heights Water SystemInc. ~ I~o Co~oration , will provi~ the water se~ice for Lots
(Lot 10 is the ~ll Lot), 11 , 12 , 13 , 14 , 15 , 16 , 17
, &
18 of Kootenai Heights.
11t
Dated ~is
~~y
of ~nua~, 2005.
STATE OF IDAHO
COUNTY OF BONNER ss.
On ~is
~ ~
of ~ua~, 2005 before ~~e un~rsi~edNotary Public personally appeared FLOYD MCGHEE and MICKIE~~E kno~ to ~, or pro~d to on the basis of satisfacto~evidence to be the persons whose name are subscribed to thewithin instrument and acknowledged to me that they executed thesame.
CLARIFICATION - MODIFICATION OF A PLAT OF KOOTENAI HEIGHTS
Page 2 of 2
GARY A. FINNEY
FINNEY FINNEY & FINNEY , P. A Attorneys at Law
Old Power House Building
120 E. Lake Street , Suite 317Sandpoint, Idaho 83864Telephone: [phone]Facsimile: [phone]
.k-IL~Q BY77/j/2q/
ZOOhJAN 1 W I 3: 34
\ RIE SCOTT
O~~~IER COU~HY RECOROEf\
668252 ---4 DEPUTY
KOOTENAI HE I GHT
WELL LOT LEASE
(To Be Recorded)
LESSORS:
(For a Portion of Lot 9 , Kootenai Heights)Floyd & ~ckie McGhee , Husband & Wife
LESSEE:Kootenai Heights Water System , Inc.
For and in consideration of the terms and condi tions
herein set forth the Lessor & Lessee agree
, as follows:
1 .The Lessee owns Lot 10 of the Plat of
Kootenai Heights
and has developed a well and water distribution system.
2 .As a part of the Well Si te Plan a copy of which
attached hereto the 50-foot
onto Lot for the purpose
Well Site Plan.
radius results in a circular overlap
of a setback and clear zone for the
The Lessors hereby grant long-term lease the
Kootenai Heights Water System , ~nc., Lessee for the portion of Lot
9 of Kootenai Heights for the area shown on the Well site Plan
wi thin the "cross-hatch" area depicted therein as "LEASE"
4 .This Lease shall extend and be in force and effect for
such long-term as the Kootenai Heights Water System operates on
Lot 10 and this Lease only expires when the Lot 10 ceases to be
WELL LOT LEASE
Page 1 of 2
used water system for the Lo the Kootenai Heights
Subdivision.
Lessee :/
/' ...:. ~
I/J/'f
By,F'. N . cGhee /President
STATE OF IDAHO
ss.COUNTY OF BONNER
On this 'I.day of , 20 00', before me theundersigned Notary Public , personally ppeared, F . N. McGhee , andproved to me on the basis of satisfactory evidence to be thePresident of the Corporation that executed the instrument or theperson who executed the instrument on behalf of the corporationand acknowledged to me that such Corporation executed as the
same.-r
--....."/
r-_
~.
F/IV
O"A~ ~C9" -0-
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l;
~ '
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. '.' ,~::!~.., '--::"""~' . ,:::---..'/" ",.,.,
STATE OF IDAHO )
~~;/'
Notary Public-
Residing at:
My Commission Expir u;Jf~
ss.COUNTY OF BONNER
On this
~y
of 05'""before me theundersigned Notary Public , personal peared , Floyd McGhee andMickie McGhee known to me , or p ved to me on the basis ofsa tisfactory evidence , to be the person whose name is subscribedto the within instrument and acknowledged to me that they executed
the same.
..;.~~~
C!)
~~~,
Notary Pub ic-Sta te of Idaho
\\':--
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Residing t: \5'
, .
!J
My Commission Expire (:f('"r
/p:
olear
,. .' /~
WELL LOT LEASE~~~ CI
. //
I.. ~-:;':/Page 2 of 2
f~L /-/OUSf"
I'" I1..1
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110
LO T 10 KOOTElfA/ HEIGHTS
WELL
....
l...
v, ~L AI/
/11
: 'to I
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,... II vI;
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Tf/ICI
IF tiE ESSA X,
wI" L L PUMP Iii
SC/?E"Ef/ //f C(
GARY A. FINNEY
FINNEY FINNEY & FINNEY , P. A.
Attorneys at Law
Old Power House Building
120 E. Lake Street , Suite 317Sandpoint, Idaho 83864Telephone: [phone]Facsimile: [phone]
/1 '4/05
Q~ 1!4. ft;&t32163
C~IFI~TION - IDDIFI~TIOO
A PLAT OF KOOTENAI HEIGHTS
(RECORDED NOVEMBER 6 , 1995 , BOOK 5 PAGE 88 OF PLATS , INSTRUMENTNO. 475515)
(To Be Recorded)
PIa tting Owners:Floyd McGhee ~ckie McGhee
The undersigned hereby state declare clarify,and modify
the Plat of Kootenai Heights , as follows:
1 .The above described Plat of Kootenai Heigh ts ,page
states:
Water Service Note
The Lots as shown on the plat will be serviced by the
Ci ty
Sandpoint Water System.
2 .Subsequen t to the Plat it was determined that the Ci
Sandpoin t would serve water the eas tern one-half of the
Plat Lots (19-36) ,and Lo & 3 of the western lots but
would not serve the rema~n~ng Lots.
This is to clarify that s~nce the inception of the Plat
to the present date the City of Sandpoin t has not and does not
agree to furnish City of Sandpoint Water Service to Lots 4 though
CLARIFICATION - MODIFICATION OF A PLAT OF KOOTENAI HEIGHTS
Page 1 of 2
~ ~
18 of the PIa t of Kootenai Heights.
4 .For water service the Kootenai Heights Water System
Inc. an I~ho Co~oration , will provi~ the ~ter service for Lots
, 8 , 9 (Lot 10 is the ~ll Lot), 11 , 12 , 13 , 14 , 15 , 16 , 17
, &
18 of Kootenai Heights.
111-Dated this ~~ay of ~uary, 2005.
., -- .~; ;;'
2-4/1(:
& /
//;;;;7 /l t CJ
Mi c i e McGhee
" .-/
STATE OF IDAHO
COUNTY OF BONNER ss.
On this ler day of January, 2005 before me , the undersigned~ta~ P~lic personally ~eared nom ~GHEE and MICKIE~GHEE , known to ~, or proved to me on the basis of satisfactoryevidenceto be the persons whose name are subscribed to thewithin instrument and acknowledged to me that they executed thesame.
Not '%Y Publ
~~"
Res~d~ng a~
My Commis stion Expires:
/f Oos
CLARIFICATION - MODIFICATION OF A PLAT OF KOOTENAI HEIGHTS
Page 2 of 2
GARY A. FINNEY
FINNEY FINNEY & FINNEY , P . A.Attorneys at Law
Old Power House Building
120 E. Lake Street , Suite 317Sandpoint, Idaho 83864Telephone: [phone]Facsimile: [phone]
!j14/OSQ~ tltJ. /dPf32B/
CERTIFICATION
(Idaho Code ~55-1334 (3))
Kootenai Heights Water Association Inc.certifies that it
complies with Idaho Code 555-1334 (3)and that has Lot
Kootenai Hei~ts as its ~ll site and ~striliution o~ed free and
clear and it has paid for the well and entire distribution syst~
cash and that has sufficient capi tal provide water
serv~ce wi thou t further connection charge S fees except for~~ ~d ~ h~ ~ ==~ti=
~ ~ ~
=ili~ =~
for each Lot.
Kootenai Heights Water System
~ -
i~.
/!
h~
/.' ~ ~;/ ./ '// ..
By: F. N. McGhee
President
Inc.
CERTIF~Qi\TION
Page 1 of
STATE OF IDAHO
COUNTY OF BONNER ss.
On this /1/ day of \ I f/12 ()6 before me theundersigned N~ Public
, p
s nally a peared , F.N. McGhee , andproved to me on the basis of satisfactory evidence to be thePresiden t of the corporation that executed the ins trumen t or theperson who executed the instrument on behalf of the Corporationand acknowledged to me that such Corporation executed as
the same.
/t:2--0 OJ
CERTIFICATION
Page 2 of
SEE FILE FO R OVERSIZED
PAGE WITH DIAGRAM
SHOWING WELL DETAIL
STATE OF IDAHO
DEPARTMENT OF
ENVIRONMENTAL QUALITY
"'----"-"---'-"---""'--".-.....-.-...-----'-.---..--'-'-"".. - --.... --
(fJ
~ -~j(
f1~~-
....
Dirk KemPtho;~e ;nor
Toni Hardesty, Director
2110 Ironwood Parkway. Coeur d'Alene, Idaho 83814-2648. [phone]
January 6, 2005
RECEIVED JAN 0 7 2005
Mr. Floyd N. McGhee
Kootenai Heights Water System, Inc.
O. Box 1925
Sandpoint, ill 83864
RE:Conditional Approval of As-built Plans, Kootenai Heights Drinking Water System
Dear Mr. McGhee:
As-built plans submitted on December 9 2004, as certified by Lou Vermeer, P ., for completion of the public
drinking water system serving eleven (11) residential connections consisting of Lots 7-9 and 11-18 of the
Kootenai Heights subdivision located in the City of Kootenai of Bonner County have been reviewed. The as-
built plans have been compared to the construction plans and specifications as previously reviewed on
November 28 , 2004 but not approved for construction purposes by DEQ. This water system was constructed
without DEQ approval of plans and specifications.
The submitted as-builts are hereby approved per Section 39-118 of Idaho Code as the record drawings for this
project, contingent upon your full compliance to the satisfaction ofDEQ within thirty (30) days of the date of
this letter of the following items:
1. Well Lot Lease: A copy of the executed and recorded long-term well lot lease between the water
system owner, Kootenai Heights Water System, Inc., and the owner of Lot 9 of Kootenai Heights
subdivision must be submitted to DEQ. This lease area is identified on the as-built plans and is
necessary to establish the fifty (50) foot well lot radius around the water supply well as required by the
Idaho Rules for Public Drinking Water Systems (Rules). The format of the unsigned copy submitted
to our office by your attorney is acceptable.
2. Water Quality Results: Evidence must be submitted that water from the Lot 10 well serving this
public drinking water system has been sampled and can be detennined to be in compliance with
drinking water standards specified by the Rules. These samples must include the following
parameters:
Phase n & V inorganic chemical analysis (also include nitrate and nitrite),
Corrosivity,
. Phase II & V volatile organic compounds
. Phase II & V synthetic organic compounds
. Quarterly radiological contaminants for one year.
Total Coliform Bacteria, and
Iron.
The sampling results of the monitoring completed from the well on December 9 2004 were received
by our office January 4, 2005. Results of the sampling analysis indicate that you failed to sample for
RE: Conditional Approval of As-built Plans, Kootenai Heights Temporary Drinking Water System
December 21 2004
Page 2
radiological contaminants, and that one synthetic organic contaminant was detected in excess of the
maximum contaminant level. You must complete quarterly monitoring for radiological contaminants
(Gross Alpha emitters, radium 226 and separately radium 228) and synthetic organic contaminants
during the 2005 year. All other results were within acceptable parameters.
The synthetic organic contaminant exceedence is a violation and requires public notification. This is
referred to as a tier 2 violation, notification must be made to your customers within 30 days of the date
of this letter. This notification has specific requirements which can be found in the Public Notification
Handbook. This handbook can be found on-line at:
http://www.epa.gov/safewater/pws/pn/handbook.pdf
3. Certified Operator: Documentation must be provided in the form of a signed employment contract
and copy of the operator s certificate indicating that a properly certified water system operator has
been hired by Kootenai Heights Water System Inc. to operate and maintain this new drinking water
system. Compensation need not be included in the copy of the contract documentation.
v-
4. ~ater System Ownership: A copy of the Articles of Incorporation, Quitclaim Deed to Lot 10, draft
Water Service Agreement and Easement by Kootenai Heights Water System, Inc., as referenced in
items 3a of Attorney Gary Finney s December 3, 2004 letter to DEQ, must be provided.
This transmittal needs to also reflect your compliance as the property developer with Section 50-1334(3)
of Idaho Code as quoted below:
(3) If a new water system will come into being to serve the subdivision, that it has or will have sufficient
contributed capital to allow the water system s wells, springboxes, reservoirs and mains to be constructed
to provide service without further connection charges or fees to the landowners of the lots, except for
connection of laterals, meters or other plant exclusively for the lot owner s own use.
The unsigned copy of your draft Water Service Agreement, and Certification of Compliance with
Section 50-1334 submitted to our office does not appear to be in accordance with Section 50-1334.
However since this is not our jurisdiction we have referred this to the Public Utilities Commission.
5. Revision of Original Plat: The lots served by the Kootenai Heights Water System, Inc. specifically
lots 7-9 and 11-18 were originally platted with water service to be provided by the City of Sandpoint
water system. Sanitary restrictions were released by Panhandle Health District, in accordance with
Section 50-1326 of Idaho Code~based on this assumption of service. We have received an unsigned
copy of a document titled "Clarification - Modification of a Plat of Kootenai Heights prepared by your
attorney. This document should be revised to reflect the actual service provider and recorded.
If you will immediately provide DEQ with a written statement that you are in agreement with and will satisfy
the five as-built approval contingencies listed above, we are prepared to notify the City of Kootenai that DEQ
has no objection to issuance of occupancy permits pending for residences served by this water system. We
understand that your actions in this matter have resulted in two families being unable to occupy their new
homes and being forced to live in temporary housing, while you attempt to correct the violations incurred by
your actions which caused the disruption.
RE: Conditional Approval of As-built Plans, Kootenai Heights Temporary Drinking Water System
December 21 , 2004
Page 3
Once this office has received and accepted the information needed to satisfy the five contingencies listed above
a sanitary survey of this new drinking water system in the presence of the certified operator can be conducted by
DEQ so that an approval designation can be assigned. Many lending institutions rely on DEQ approval of water
systems to certify the adequacy of water systems serving their mortgaged properties.
Your failure to satisfy the as-built approval contingencies listed above may result in disapproval of the water
system, as specified in the Rules, and submittal of an enforcement referral to the Idaho Attorney General
assigned to DEQ.
Finally, from the DEQ's perspective you have exhibited a chronic disregard of applicable state law and public
health and safety rules throughout the development of this water system. Installing this water system without
securing DEQ approval of plans and specifications may have compromised your engineer s professional license
under the Rules of Professional Responsibility (IDAPA 10.01.02) and has clouded Mr. Venneer s reputation
with this department. All future development must be in full accordance with Idaho Rules for Public Drinking
Water Systems (Rules), and Idaho Code 39-118. This begins with an engineering report defining the scope of
the proj ect.
We look forward to receiving your immediate written response to this letter and, hopefully, your specific
response that fulfills five contingencies within thirty (30) days of the date of this letter.
Sincerely,
~::;,-;;/'
A1~ Miller, EIT
Associate Engineer
Senator Shawn Keough, P.O. Box 101 , Sandpoint, ill 83864
Margaret Mjelde, City of Kootenai, PO Box 566, Kootenai, ill 83840
Lou Vermeer, P., 11647 Baldy Mtn. Road, Sandpoint, ill 83864
Gary A. Finney Attorney at Law, 120 East Lake Street, Sandpoint, ill 83864
Kody Van Dyk, City of Sandpoint, 1123 Lake Street, Sandpoint, ill 83864
Gwen Fransen, Roger Tinkey, DEQ, CdA
File: Kootenai Heights (#8387 - L-
Form 2553 Election by a Small Business Corporation
(Rev. December 2002) (Under section 1362 of the Internal Revenue Code) 0MB No. 1545-0145
Department of the Treasury 11- See Parts H and Ill on back and the separate instructions.
Internal Revenue Serece The corporation may either send or fax this form to the IRS. See page 2 of the instructions.
Notes: 1. Do not file Form 11205, U.S. Income Tax Return for an S Corporation, for any tax year before the year the election takes effect.
2.This election to be an S corporation can be accepted only if all the tests are met under Who May Elect on page 7 of the instructions: all
shareholders have signed the consent statement: and the exact name and address of the corporation and other required form information are
provided.
3.If the corporation was in existence before the effective date of this election, see Taxes an S Corporation May Owe on page 1 of the instructions.
1F.TI.I Election Information
Name of corporation (see instructions) A Employer identification number
KOOTENAI HEIGHTS WATER SYSTEM, INC. 20 2163044.
Please Number, street, and room or suite no. (It a P.O. box, see instructions.) B Date incorporated Type
or Print 34215 HIGHWAY 200 P.O. BOX 1925 DECEMBER 1 2004
City or town, state, and ZIP code C State of incorpocatipri
SANDPOINT, ID 83864 IDAHO
D Check the applicable box(es) if the corporation, after applying for the EIN shown in A above, changed its name F-1 or address 0
E Election is to be effective for tax year beginning (month, day. year) 01 / 01 / 05
F Name and title of officer or legal representative who the IRS may call for more information G Telephone number of officer
or legal representative
FLOYD N. McGHEE ( 203 ) 265-4440
H if this election takes effect for the first tax year the corporation exists, enter month, day, and year of the earliest
of the following: (1) date the corporation first had shareholders. (2) date the corporation first had assets, or (3)
date the corporation began doing business ....................' 01 / 01 / 05
I Selected tax year Annual return will be filed for tax year ending (month and day) 0-......................
If the tax year ends on any date other than December 31, except for a 52-53-week tax year ending with reference to the month of December,
you must complete Part II on the back. If the date you enter is the ending date of a 52-53-week tax year. write 52-5-week year' to the right
of the date.
J Name and address of each shareholder;
shareholder's spouse having a community
property interest in the corporations
stock; and each tenant in common, joint
tenant and tenant by the entirety. (A
husband and wife (and their estates) are
counted as one shareholder in
determining the number of shareholders
without regard to the manner in which the
stock is owned.)
K Shareholders' Consent Statement,
Under penalties of perjury, we declare that we consent
to the election of the above-named corporation to be an s corporation under section 1362(a) and that we have
examined this consent Statement. including
accompanying schedules and statements, and to the
best 01 our knowledge and oeliet, it is true. correct, and
complete. We understand our consent is binding and
may not be withdrawn after the corporation has made a
valid election. (Shareholders sign and date below.)
L
Stock owned
_______ M Social security
number or employer
e identification number
(see instructl oils)
N
Share-
holder's
tax
year
ends
(month
and
day)
Number
of shares
Dates
acquired
Signature Date
FLOYD N. MCGHEE /
P.O. BOX 1925
SANDPOINT, ID 83864 (" /
1 01101/05 12131
COMMUNITY INTEREST:
MICKIE McGHEE
P.O.BOX 1925
r/-i-
/
01(01/05 I 12131
SANDPOINT, ID 83864 t 4
Under penalties or perjury. I tiar haxe examined this eJctigni including accompanying schedules and statements, ano to me oest or my nowiecige aria ooiier,
it is true, correct and co . /
Signature of officer' /7/A-4( Title . PRESIDENT Date
For Paperwork Red uction A'Notice,
7V ' -
) see page 4 of the instructions. Cat. No. 18629R Forru'2553 (Rev. 12-2002)
Form 2553 (Rev. 12-2002)
DmIII Selection of Fiscal Tax Year (All corporations using this part must complete item 0 and item
P, Q, or R.)
Page Z
Check the applicable box to indicate whether the corporation is:
1. IlJ A new corporation adopting the tax year entered in item J. Part I.2. 0 An existing corporation retaining the tax year entered in item I, Part 3. 0 An existing corporation changing to the tax year entered in item I, Part
Complete item P if the corporation is using the automatic approval provisions of Rev. Proc. 2002-38. 2002-22 I.R.B. 1037, to requeSt (1) anatural business year (as defined in section 5.05 of Rev. Proc. 2002-38) or (2) a year that satisfies the ownership tax year test (as defined insection 5.06 of Rev. Proc. 2002-38). Check the applicable box below to indicate the representation statement the corporation
is making.1. Natural Business Year ~ I represent that the corporation is adopting. retaining. or changing to a tax year that qualifies as its naturalbusiness year as defined in section 5.05 of Rev. Proc. 2002-38 and has attached a statement verifying that it satisfies the 25% grossreceipts test (see instructions for content of statement). I also represent that the corporation is not precluded by section 4.
02 of Rev. Proc.2002-38 from obtaining automatic approval of such adoption. retention, or change in tax year.
2. Ownership Tax Year ~ 0 I represent that shareholders (as described in section 5.
06 of Rev. Proc. 2002-38) holding more than half ofthe shares of the stock (as of the first day of the tax year to which the request relates) of the corporation have the same tax year or areconcurrently changing to the tax year that the corporation adopts. retains. or changes
to per item I. Part I. and that such tax year satisfiesthe requirement of section 4.01(3) of Rev. Proc. 2002-38. I also represent that the corporation is not precluded by section 4.
02 of Rev. Proc.2002-38 from obtaining automatic approval of such adoption. retention. or change in tax year.
Note: If you do not use item P and the corporation wants a fiscal tax
year. complete either item or R below. Item is used to request a fiscaltax year based on a business purpose and to make
back-up section 444 election. Item R is used to make a regular section 444 election.Business Purpose-To request a fiscal tax year based on a business purpose. you must check box 01. See
instructions for details includingpayment of a user fee. You may also check box 02 and/or box 03.
1. Check here ~ if the fiscal year entered in item I. Part f, is requested under the prior approval provisions of
Rev. Proc. 2002-39,2002-22 I.R.B. 1046. Attach to Form 2553 a statement describing the relevant facts and circumstances and. if applicable. the gross receiptsfrom sales and services necessary to establish a business purpose. See the instructions for details
regarding the gross receipts from salesand services. If the IRS proposes to disapprove the requested fiscal year, do you want a conference with the
IRS National Office?Yes 0
2. Check here ~ to show that the corporation intends to make a back-up section 444 election in the event the corporation s businesspurpose request is not approved by the IRS. (See instructions for more information.
3. Check here ~ to show that the corporation agrees to adopt or change to a tax year ending December 31 if necessary for the IRSto accept this election for S corporation status in the event (1) the corporation s business purpose request is not approved and thecorporation makes a back-up section 444 election, but is ultimately not qualified to make a section 444
election, or (2) the corporationbusiness purpose request is not approved and the corporation did not make a back-up section 444 election.Section 444 EJection-To make a section 444 election. you must check box R1 and you may also check box R2.1. Check here ~ to show the corporation will make. if qualified, a section 444 election to have the fiscal tax year shown in item I,Part I. To make the election. you must complete Form 8716, Election To Have a Tax Year Other Than a Required Tax Year. and eitherattach it to Form 2553 or file it separately.
2. Check here ~ to show that the corporation agrees to adopt or change to a tax year ending December 31 if necessary for the IRSto accept this election for S corporation status in the event the corporation is ultimately not qualified to make
a section 444 election.ImIII Qualified Subchapter S Trust (QSST) Election Under Section 1361 (d)(2)-Income beneficiary s name and address Social security number
Trust's name and address
Employer identification number
Date on which stock of the corporation was transferred to the trust (month, day. year)
. ~
In order for the trust named above to be a OSST and thus a qualifying shareholder of the S corporation for which this Form 2553 is filed. Ihereby make the election under section 1361 (d)(2). Under penalties of perjury. I certify that the trust meets the definitional requirements ofsection 1361 (d)(3) and that all other information provided in Part III is true. correct. and complete.
Signature of income beneficiary or signature and title of legal representative or other qualified person
making the election Date
Use Part III to make the OSST election only if stock of the corporation has been transferred to
the trust on or before the date on which thecorporation makes its election to be an S corporation. The OSST election must be made and filed separately if stock of the corporation istransferred to the trust after the date on which the corporation makes the Selection.
(i)Form 2553 (Rev. 12-2002)
Page 1 of
ormSS-4 Application for Employer Identification Number EIN
20-2163044 Pee December2001) (For use by employers, corporations, partnerships, trusts, estates, churches,
CepaCrnent of the government agencies, Indian tribal entities, certain individuals, and others.)
reasury
moat Revenue Service See separate instructions for each tine. Keep a copy for your records. OMB No. 1545-0003
1 Legal name of entity (or individual) for whom the BIN is being requested
KOOTENAI HEIGHTS WATER SYSTEM
2 Trade name of business (if different from name on line 1) 3 Executor, trustee, "care or name
4a Mailing address (room, apt., suite no. and street, or P.O. box) 5a Street address (if different) (Do not enter a P.O. box)
P0 BOX 1925
4b City, state, and ZIP code 5b City, state, and ZIP code
SANOPOINT ID 83864 -
6 County and state where principal business is located
County BONNER State ID
7a Name of principal officer, general partner, grantor, owner, or trustor 7b SSN, ITIN, EIN
FNMCGHEE
8a Type of entity (check only one) Estate (SSN of decedent)
Sole Proprietor (SSN) P Plan administrator (SSN)
• Partnership fl Trust )SSN of grantor)
P' Corporation (enter form number to be filed) 1, 1120 S 1 National Guard L State/local government
Personal Service 1 Farmers' cooperative Federal government/military
Church or church-controlled organization REMIC Indian tribal government/enterprises -
Other nonprofit organization (specify) ' Group Exemption NO. (GEN) ' -
Other (specify)
8b If a corporation, name the state or foreign country State Foreign country i lit applicable) where ncorporated
9 Reason for applying (check only one) Banking purpose (specify purpose) '
Started new business (specify type) Changed type of organization (specify new type) 11
REAL ESTATE Purchased going business
- Hired employees (Check the box and see line 12) T Created a trust (specify type)
- Compliance with IRS withholding regulations - Created a pension plan (specify type) -
Other )soecityl
10 Date business started or acquired lmonlh, day. year 11 Closing month of accounting year
DEC 1 2004 DEC
12 First date wages or annuities were paid or will be paid (month, day, year) Note:!f applicant is a withholding agent. enter date
income will first be paid to nonresident alien. (month, day. year) ................
13 Highest number of employees expected in the next twelve months Note:!f the applicant Agriculture Household Other
does not expect to have any employees during the period, enter "-0-" 0
14 Check box that best describes the principal activity of your business Health care & social assistance Wholesaleagert/brok.er
Construction 1' Rental & leasing Transportation & warehousing Accommodation & food service Wholesale-ether
P' Real estate Manufacturing Finance & insurance Retail
Other (snecity)
15' Indicate principal line of merchandise sold; specific construction work done, products produced. or services provided.
REAL ESTATE
isa Has the applicant ever applied for an employer identification number for this or any other business? Yes No
Note If "Yes" please complete lines 16b and 16c
16b If you checked "Yes" on line 16a, give applicant's legal name and trade name Shown on prior application if different from line 1 or 2 above.',;
Legal name
Trade name
1 Ec Approximate date when, and city and state where, the application was filed. Enter previous employer identification number if known.
Approximate date when fled (month, day, year) City and state where filed Previous BIN
Complete section only if you want to authorize the riamed individLal ix recv'oe be entity'u BIN and answer queubons about the completion of this form
Third [Designee's name Designee's telephone vumcer iric!'cv area code)
Party GARY A FINNEY ATTORNEY AT LAW
Designee Address and ZIP code ( 208 ) 263 -
Ceoigneeo fax number include area code)
120 LAKE ST STE 311 SANDPOINT ID 83864. ( 208 ) 263 - 8211
Uncer nenatlies of perlury I declare that I have examined this application . anc to the best of my knowledge and belief, it is tree,
correct and complete Applicant's telephone number lmncludv area codel
Name and title (type or print clearly)
https://sa.wvw4.irs.gov/savign/review.do? 1114/05
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FN MCGHEE PRESIDENT
Signature Not Required Date
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January 14, 2005 GMT 208 265 4440
Applicant's fax number (include area code)
( 208 ) 265 - 4440
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This is your provisional Employer Identification Number:
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Today s Date is: Janu2ry 14 , 2005 G~jlT
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Form 55-Application for Employer Identification Number(For use by employers, corporations, partnerships, trusts, estates, churches,(Rev. December 2001) government agencies, Indian tribal entities, certain individuals, and others.DepiJrtment of tne TreiJsuryInterniJl Revenue Service ~ See separate instructions for each 1ine. ~ Keep a copy for your records.Legal name of entity (or individual) for whom the EIN is being requested
E!N 2D -1\ IcCD-J
OMS No. 1545-0003
different from name on line care of" name
Street address (if different) (Do not enter a P O. box.
5b City. state, and ZIP code
owner. or trustor 7b SSN. ITIN, or EIN
8a Type of entity (check only one box!
Sale proprietor (SSN)
Partnership
~corporation (enter Form number to be Filed) ~
~ ~
2 ~
\ ~
Personal service corp.
Church or church-controlled orgunization
Other nonprofit organization (specify) ~
Other (s eCif ) ~8b If a corporation, name the state or Foreign country I Sti1te(if applicable) where incorporated
Estate (SSN of decedent)
Plan administrator (SSN)
Trust (SSN of grantor)
National Guurd State/local government
0 Farmers' cooperative Federal government/militaryREMIC Indl2n tribal governments/enterprises
Group Exemption Number (GEN) ~
Reason for applying (check only one box)
~Started new business (specify type) ~
Foreign country
Banking purpose (specify purpose) ..
Changed type of organization (specify new type) ~
Purchused going business
Created a trust (speciFy type) ..
Created a penSion plan (specify type) ..
Hired employees (Check the box i.md see line 12;Compliance with IRS withholding regulations
Other (specify) ..
Date business started or ucqulred (month . day. year!\2. 11 Closing rT10nUl of accounting year
DeL 'oer-First date wages or annuities were paid or will be pJ:d (month
, day, year). Note: If appllCDo( is a :;vithholding agent. enter date income willfirst be paid to nonresident alien. (month. day, year)
Highest number of employees expec~ed in the next ~ 2 months. Note: If the applicant does no!expect to have any employees during the period. err2r "
0-
..
Check one box that best describes the principJI activit:, Jf your business HeJith Ci.1rr. & SCC:': ,:55iS;J:lCeCo~struction Rental & leac;i:lg TriJnSDcr::::cr.:" 'vc.:rehclIs;:lg Accornmodatici1';; :ccd serviceReal estate ;'v1anllfi.1ctuflrg Flnance:\ ~5l1::~-0 C;:er (sceC'fy!
AgrrculturCJI Household Other
WholesiJle-iJgent, broker
WholesiJ/e-mher Retail
Indicate principal line of merchCJndise sold. specific CJrlSlructlon work done: products produced or services provided.
16a HCJs the upplicJnt ever Jpplied For In employer iden:;CJtion number for this or any other bus;:less?Note: If "Yes." pleJse complete lines 7Gb and 76c
If you checked "Yes" on line 16u. give upplicJnt s legi:JI nome i.Jnd trude nCJme shown on prior i.JoP/lcation if different from line 1 or 2 above.Legal name"
Trade name Approximate dCJte when. and city und sti1te wflere. the JpplicJtion WuS filed Enter prevIous employer Identification number if known.Approximate dClte when flied (mo.. d2Y yeilr) c,ty Jnd stille wtlere filed PrevIous EIN
Yes
16b
16c
Third
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Designee ,;; nil me
Address imu ZIP coue
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Des~1ee 5 teiephone ,1umber ',nc:ude area code!
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Designee s fax number (inctude area code)
AppLC""t 5 teiepnone number ::1c:ude area code)
Applic3nt's fax number (inClude area code)
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ARTICLES OF INCORPORATION
(General BusjneS$5~ DEC
(Instructions on back of application)
The undersigned, in order to form a Corporation undertne
' ~
provisions of Title 30 , Chapter 1 , Idaho Code, submits thefollowing articles of incorporation to the Secretary of State,
", . "
Article 1: The name of the corporation shall be:
, I
Article 2: The number of shares the corporation is authorized to issue:
KOOTENAI HEIGHTS WATER SYSTEM , INC.
500,000
Article 3: The street address ofthe registered office is: 34215 Highway 20 Q. Sandpain t, Tn 83 64
and the registered agent at such address is: F. N. MCGHEE
Article 4: The name of the incorporator is: F. N. MCGHEE
and address of the incorporator is: F. N. MCGHEE
Article 5: The mailing address of the corporation shall be:
PO Box 1925 Sandpoint ID 83864
O. BOX 1925 , SANDPOINT, IDAHO 83864
Optional Articles:
Article 6: Corporate Purpose
Organized is the transaction
Artic Ie 7: Cumula ti ve Voting
their votes for directors.
. IThe Purpose for W lC t lS corporatl
of any and all lawful business.
All shareholders are entitled to cu ' late
Article 8: Preemptive Rights
preemti ve r igh ts All shareholders are enti tIed to
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Se::c:re!ary of State use only
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IDAHO SECRETARY OF STATE12/01/2004 05:00
CK: 10740 CT: 30773 BH: 7791761 ~ le0. B0 = 108. Be CORP R 2
Pr1 ~J~" I C1 . ~,PRESIDENT
Typed Name:
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