AMENDED ARTICLES OF INCORPORATION
OF
WATERWOOD IMPROVEMENT ASSOCIATION,
INC.
We, the undersigned, natural persons of the age of twenty-one
years or more, at least two of whom are citizens of the State of Texas, acting as
incorporators of a corporation under the Texas Non-profit Corporation Act, do hereby
adopt the following Articles of Incorporation for such corporation:
ARTICLE
ONE
The name of the corporation (which is hereinafter called Corporation)
is WATERWOOD IMPROVEMENT ASSOCIATION, INC.
ARTICLE TWO
The corporation
is a non-profit corporation.
ARTICLE THREE
The period of its duration
is perpetual.
ARTICLE FOUR
The purpose or purposes for which the corporation
is organized are:
To promote and develop the common good and social welfare
of the people of a community and its environs to be developed on all or a portion
of the tracts of land specifically described and recorded in Volume 127, Page 533,
Map records of San Jacinto County, Texas; and in Volume 243, Page 694, Map Records
of Walker County, Texas, presently consisting of 24, 399.96 acres of land, more or
less provided, however, only those portions of the above described property as shall
hereafter be actually subject to an agreement of covenants, conditions and restrictions
supporting and benefiting the Corporation, together with any additional land, which
may hereafter be subjected to such agreement of covenants, conditions and restrictions
supporting and benefiting the Corporation, and adopted by resolution of the Board
of Directors of the Corporation, shall be considered as such community (all of such
property is hereinafter referred to as the "Properties") and the proper
object of the powers and purposes of the Corporation.
Without limiting the
foregoing general statement of purposes, the Corporation shall have the following
specific purposes:
(1) To aid, promote, and provide for the establishment,
advancement and perpetuation of any and all utilities, systems, services and facilities
for the properties which tend to promote the general welfare of the inhabitants with
regard to health, safety, education, culture, recreation, comfort or convenience
to the extent and in the manner deemed desirable by the Board of Directors.
(2)
To operate and maintain or provide for the operation and maintenance of any properties
which may be from time to time designated or conveyed to the Corporation for the
general welfare of the inhabitants with regard to health, safety, education, culture,
recreation, comfort and convenience.
(3) To enforce all covenants, restrictions,
reservations, servitudes, profits, licenses, conditions, agreements, easements and
liens established for the support and/or benefit of the Corporation, or which it
may be legally entitled to enforce, and to disburse and use the proceeds of any such
charges and to use and disburse any funds which may come into the hands of the Corporation
for the promotion of any and all of the purposes of the Corporation in a lawful manner
determined by the Board of Directors.
(4) To do any and all lawful things
and acts that the Corporation may from time to time, in its discretion, deem to be
for the benefit of the properties and the inhabitants thereof or advisable, proper
or convenient for the promotion of the interest of said inhabitants with regard to
health, safety, education, culture, recreation, comfort or convenience of such community.
The
Corporation will take action to accomplish the foregoing purposes only when and if
such action appears, in the sole and absolute discretion of the Board of Directors,
to be desirable and feasible.
ARTICLE FIVE
The street address of the initial
registered office of the Corporation is Republic National Bank Building, c/o CT Corporation
Systems, Dallas, Texas 75201, and the name of the initial registered agent of the
Corporation at such address is CT Corporation System.
ARTICLE SIX
The
number of directors constituting the initial Board of Directors is five (5) and the
names and addresses of the persons who are to serve as the initial directors are:
Joseph Timan 4400 East Broadway
Tucson, Arizona 85711
Sidney Nelson 4400
East Broadway
Tucson, Arizona 85711
Russell C. Wilde 4400 East Broadway
Tucson, Arizona 85711
Leonard E. Steele 4400 East Broadway
Tucson, Arizona
85711
Alfred Lehtonen 4400 East Broadway
Tucson, Arizona 85711
ARTICLE
SEVEN
The names and addresses of the incorporators are:
Robert R.
Randolph 2100 First City National Bank Building
Houston, Texas 77002
Norman D. Radford, Jr. 2100 First City National Bank Building
Houston, Texas
77002
Robert J. Bachman 2100 First City National Bank Building
Houston,
Texas 77002
ARTICLE EIGHT
Except as may otherwise be provided in
the By-laws, the Board of Directors of the Corporation is expressly authorized to
alter, amend or repeal the By-laws or to adopt new By-laws for the Corporation without
any action on the part of the members.
ARTICLE NINE
Pursuant to Article
12.02-7.06, Vernon's Annotated Texas Statutes, a director of the corporation shall
not be liable to the corporation or its members for monetary damages for an act or
omission in the director's capacity as a director, except that this article does
not authorize the elimination or limitation of the liability of a director to the
extent the director is found liable for:
1) a breach of the director's duty
of loyalty to the corporation or its shareholders or members.
2) an act or
omission not in good faith that constitutes a breach of duty of the director to the
corporation or an act or omission that involves intentional misconduct or a knowing
violation of the law;
3) a transaction from which the director received an
improper benefit, whether or not the benefit resulted from an action taken within
the scope of the director's office; or
4) an act or omission for which the
liability of a director is expressly provided by an applicable statute.