ARTICLES OF INCORPORATION

 

OF

 

STANDING ROCK-ROCK CREEK SCHOOL DISTRICT

 

A School District of the Standing Rock Sioux Nation

 

Chartered by the Standing Rock Sioux Tribe

 

ARTICLE I

 

The name of the chartered entity is Standing Rock-Rock Creek School District.

 

ARTICLE II

 

The period of duration of the charter is perpetual.

 

ARTICLE III

            This chartered School District shall be organized and operated exclusively to advance the cause of education in the Standing Rock-Rock Creek School District on the Standing Rock Indian Reservation and for charitable, literary and education purposes within the meanings of 501 © (3) of the Internal Revenue Code of 1986 as now in effect or as may hereafter be amended. The specific purpose of the chartered School district is to operate a school through a contract with the Bureau of Indian Affairs pursuant to Public Law 100-297 or other lawful means in the Rock Creek District on the Standing Rock Indian Reservation.

            In furtherance of these purposes, the chartered School District may receive property by grant, gift, devise or bequest, invest or reinvest the same, and apply the income and principal thereof, as the School Board may from time to time determine, for educational purposes of the Rock Creek School District.

            In furtherance of its corporate purposes, the chartered School District shall have all the general powers enumerated under the laws of the Standing Rock Sioux Tribe or other applicable laws necessary to operate the school, as now in effect or as may hereafter be amended, together with the power to solicit grants, contributions, or other funding for such purposes.

 

ARTICLE IV

 

            The Corporation shall have the power to sue to the extent allowed by law. It shall also be subject to suit in the Standing Rock Sioux Tribal Court, providing that it has waived its sovereign immunity clearly and unequivocally in writing, upon any contract, claim, or obligation of the Corporation arising out of its conduct and activities in operating and administering the Standing Rock – Rock Creek School. Nothing in this paragraph shall be construed as being any waiver of the sovereign immunity of the Standing Rock Sioux Tribe, its agencies, employees, or agents, or obligating the Standing Rock Sioux Tribe or any of its properties or money to satisfy any obligation of the School.

 

ARTICLE V

 

            The name of the governing body of this corporation shall be the “Standing Rock-Rock Creek School Board” abbreviated if desired as SRRCSB. The board will be comprised of five (5) voting members. Except as otherwise provided by law, the affairs of the school shall be managed and regulated by the SRRCSB. Voting SRRCSB members shall be elected by the general Standing Rock-Rock Creek District tribal voting membership. Three (3) of these Board seats will be elected to four (4) year terms of office and two (2) of these seats will be elected to two (2) year term of office. All voting members of the SRRCSB shall be enrolled members of the Standing Rock Sioux Tribe and be at least 18 years of age. Elections of voting SRRCSB members shall conducted at the same time and in the same manner as other positions are filled during the Standing Rock Sioux Tribe general elections.

            Officers of the SRRCSB shall be a Chairperson, Vice-Chairperson, and Secretary to serve one year terms consistent with the fiscal year of the Standing Rock-Rock Creek School and shall be selected from within the SRRCSB.

 

ARTICLE VII

 

            The property of the chartered School District is irrevocably dedicated to charitable, literary and educational purposes. No part of the net earnings of the chartered school district shall inure to the benefit of, or be distributed to any board member or employee, or any other private person, except that the chartered school district shall be authorized and empowered to pay reasonable compensation for services rendered to or for school district and to make payments and distribution in furtherance of the purposes set forth in Article III hereof.

 

ARTICLE VIII

 

            In the event of dissolution or final liquidation of the chartered school district, all of the remaining assets and property of the chartered school district shall, after paying or making provision for the payment of all the liabilities and obligations of the chartered school district, and for necessary expenses thereof, be distributed to such organization or organizations organized and operated exclusively for charitable or educational purposes as shall at the time qualify as an exempt organization or organizations under 501 © (3) of the Internal Revenue Code as the School Board shall determine. In no event shall any of such assets or property be distributed to any member of the Rock Creek School Board or any private individual.

 

ARTICLE IX

 

            Any amendment of these Articles or the By-laws prior to becoming effective must be submitted to the Standing Rock Sioux Tribe Health, Education, and Welfare Committee for review and submission to the Standing Rock Sioux Tribal Council with recommendation to approve or disapprove.

 

ARTICLE X

 

            The Standing Rock – Rock Creek School Board is given the authority to enact By-laws as are needed and required for the orderly operation of the school providing that the By-laws must not be inconsistent with these Articles.

 

ARTICLE XI

 

The names and addresses of the initial Board of Directors of the Corporation shall be as follows:

 

Frances Jimboy, Chairperson                            Melbert Mutchler, Vice-Chairperson

Bullhead, SD 57621                                                  McLaughlin, SD 57642

 

Nicole Omen, Secretary                                            Paul Archambault, Sr., Member

Bullhead, SD 57621                                                  Bullhead, SD 57621

 

Milton Brown Otter, Member

Bullhead, SD 57621

 

ARTICLE XII

 

            The address of the initial registered office of the chartered school district is Standing Rock-Rock Creek Day School, PO Box 127, Bullhead, SD 57621.

 

ARTICLE XIII

 

            The address of the principal office of the Corporation shall be the Standing Rock-Rock Creek School, Bullhead, SD. The registered agent of the corporation shall be the Standing Rock-Rock Creek School, Bullhead, SD.

            For the purposes of forming the chartered school district under the laws of the Standing Rock Sioux Nation, the undersigned, constituting the incorporators, have executed these Articles of Incorporation the 6th day of February, 2001.

 

 

 

 

 

 

                                                                                                                                               

Frances Jimboy, Chairperson                            Melbert Mutchler, Vice-Chairperson

SRRCSB                                                                    SRRCSB

 

 

STATE OF SOUTH DAKOTA                               )

                                                                                    ) S.S

COUNTY OF                                                            )

 

            On this, the 6th day of February, 2001, before me, the undersigned officer, personally appeared Lillian White Temple known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purpose herein contained.

 

IN WITNESS WHEREOF I hereunto set my hand and official seal.

 

 

 

                                                                                                                                                           

                                   Notary Public

 

(SEAL)

                                                                                    My Commission Expires:                                 

 

STATE OF SOUTH DAKOTA                               )

                                                                                    ) S.S

COUNTY OF                                                             )

 

            On this, the 5th day of March, 2001, before me, the undersigned officer, personally appeared EDITH RUNNING HAWK known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purpose herein contained.

 

IN WITNESS WHEREOF I hereunto set my hand and official seal.

 

                                                                       

                                 Notary Public

 

(SEAL)

                                                                                    My Commission Expires: