BYLAWS
OF
KARL H. AND WEALTHA H. NELSON FAMILY FOUNDATION
ARTICLE I.
General
1. Seal. The seal of the Corporation shall be circular in form and suitable
for impressing the same upon paper. It shall contain the corporate name
and the words "Corporate Seal."
2. Principal Office and Resident Agent. The address of the principal
office of the Corporation is 601 Central Avenue, Suite 105
Nebraska City, NE 68410,and the name of its Resident Agent is Leta Harshman, 601 Central Avenue, Suite 105 Nebraska City, NE 68410.
3. Change in Principal Office or Designation of Resident Agent. The Board
of Trustees may, by resolution adopted at a regular or special meeting,
change the principal office of the Corporation or the Resident Agent of
the Corporation. A copy of any such resolution shall be filed in the office
of the Secretary of State, and a certified copy of the same shall also
be recorded in the Office of the County Clerk in Otoe County, Nebraska;
and if the new office of the Corporation is located in a county other
than Otoe County, shall also be recorded in the Office of the County Clerk
in and for the county in which the new office is located.
4. Fiscal Year. The fiscal year of the Corporation shall begin on January
1, and end on December 31 each year.
ARTICLE II.
Meetings of Board of Trustees
1. Place of Meetings. All meetings of the Board of Trustees of the Corporation
shall be held at such place within or without the State of Nebraska, as
may be specified in the respective notices or waivers of notices thereof,
and if no place of meeting is specified in the notice, the meeting shall
be held at the principal office of the Corporation.
2. Time of Meetings. The annual meeting of the Board of Trustees shall
be held at 9:00 o'clock A.M. on the first Monday of October each year.
3. Special Meetings. Special meetings of the Board of Trustees may be
called by the President or by the Vice President or by a majority of the
Board of Trustees by giving notice of such meetings in the manner herein
provided.
4. Notice of Meetings. A written or printed notice stating the place,
date and hour of the meeting, and in case of a special meeting, the purpose
or purposes for which the meeting is called, shall be delivered or mailed
by the Secretary or by the officers or persons calling the meeting to
each trustee at such address as appears upon the records of the Corporation
for such trustee at least ten (10) days before the date of the meeting.
Notice of any such meeting may be waived in writing by any trustee if
the waiver sets forth in reasonable detail the purpose or purposes for
which the meeting is called and the time and place thereof.
5. Address of Trustees. The address of any trustee appearing upon the
records of the Corporation shall be deemed to be the latest address of
such trustee.
6. Voting at Meetings. Subject to any other provisions herein, or by
operation of law, in respect to the vote that shall be required for a
specified action, a majority of the trustees shall constitute a quorum
at any meeting, and a majority vote of the trustees present at a meeting
shall be the act of the Board of Trustees. A trustee who is present at
a meeting at which action on any corporate matter is taken shall be conclusively
presumed to have assented to the action taken, unless his/her dissent
shall be affirmatively stated by him/her at or before the adjournment
of such meeting (in which event the fact of such dissent shall be entered
by the Secretary of the meeting in the minutes of the meeting), or unless
he/she shall forward such dissent by registered mail to the Secretary
of the Corporation immediately after the adjournment of the meeting. The
right of dissent, as herein provided, shall not be available in respect
of any matter acted upon at any meeting to a trustee who voted at the
meeting in favor of such matter and did not change his/her vote prior
to the time that the result of the vote on such matter was announced by
the Chairman of the meeting.
7. Number of Trustees and Their Selection. Trustees shall be elected
at the annual meeting of the Board of Trustees and shall hold office for
the succeeding year and until their successors are elected. Trustees may
be removed at any time with or without cause by affirmative vote of the
majority of the Board of Trustees at any meeting called for that purpose.
Any vacancy occurring at any time in the Board of Trustees shall be filled
by a majority vote of the trustees present at any special meeting called
for the purpose of filling such vacancy. The number of trustees shall
be at least five but not greater than nine.
8. Powers of Trustees. The Board of Trustees shall exercise all of the
powers of the Corporation, subject to the restrictions imposed by law,
by Articles of Incorporation, and by this code of Bylaws.
9. Order of Business. The order of business at any meeting of the Board
of Trustees shall be as follows:
a. Proof of due notice of the meeting.
b. Call of roll.
c. Reading and disposal of any unapproved minutes.
d. Annual or special reports of officers and committees.
e. Unfinished business.
f. New business.
g. Election of trustees at the annual meeting or at any special meeting,
if called for.
h. Adjournment.
ARTICLE III.
Officers
1. Number. The officers of the Corporation shall consist of a President,
Vice President, Second Vice President, Secretary and Treasurer. Any two
offices may be held by the same person.
2. Election, Term of Office and Qualification. The officers shall be
chosen annually by the Board of Trustees. Each officer shall hold office
until his/her successor is chosen and qualified, or until his/her death,
or until he/she shall have resigned or shall have been removed in the
manner hereinafter provided.
3. Removal. Any officer may be removed either with or without cause at
any time by a vote of the majority of the Board of Trustees attending
a special meeting called for that purpose.
4. Resignation. Any officer may resign at any time by giving written
notice to the Board of Trustees or to the President or Secretary of the
Corporation. Such resignation shall take effect at the time specified
therein, and unless otherwise specified therein, the acceptance of such
resignation shall not be necessary to make it effective.
5. Vacancies. Any vacancy in any office because of death, resignation,
removal or any other cause shall be filled for the unexpired portion of
the term in the manner prescribed in these Bylaws for election or appointment
of such office.
6. President. The President shall preside at all meetings of the Board
of Trustees and shall, in general, perform all duties of chairing such
meeting and such other duties as may, from time to time, be assigned to
him/her by the Board of Trustees. The President shall have active executive
management of the operation of the Corporation, subject, however, to the
control of the Board of Trustees. He or she shall, in general, perform
all duties incident to the office of President, and such other duties
as from time to time may be assigned to him/her by the Board of Trustees.
7. Vice President. The Vice President shall have such powers to perform
such duties as the Board of Trustees may from time to time prescribe,
or as the President may from time to time delegate to him/her. At the
request of the President, the Vice President may, in case of the absence
or inability to act of the President, temporarily act in the President's
place. In the case of the death of the President, or in case of the absence
or inability to act, without having designated a Vice President to act
temporarily in his/her place, the Vice President shall perform the duties
of the President unless otherwise directed by the Board of Trustees.
8. Second Vice President. The Second Vice President shall have such powers
to perform such duties as the Board of Trustees may from time to time
prescribe or as the President may from time to time delegate to him/her.
At the request of the President, the Second Vice President in case of
the absence or inability to act of the President and Vice-President, temporarily
act in the President's place. The Second Vice President shall be a resident
of Otoe County, Nebraska.
9. Secretary. The Secretary shall keep, or cause to be kept in books provided
for the purpose, the minutes of the meetings of the Board of Trustees,
shall see that all notices are duly given in accordance with the provision
of the Articles of Incorporation, the Bylaws and the laws of the State
of Nebraska, shall be custodian of the records and of the seal of the
Corporation, and shall see that the seal is affixed to all documents,
the execution of which on behalf of the Corporation under its seal is
duly authorized in accordance with the provisions of this code of Bylaws,
and in general shall perform all duties incident to the office of Secretary,
and such other duties as may from time to time be assigned to him/her
by the Board of Trustees or by the President.
10. Treasurer. The Treasurer shall be the financial officer of the Corporation,
and shall have charge and custody of and be responsible for all funds
of the Corporation, and deposit all such funds in the name of the Corporation
in such banks, trust companies or other depositories as shall be selected
by the Board of Trustees. He shall receive and give receipts for moneys
due and payable to the Corporation from any source whatsoever, and, in
general, shall perform all of the duties incident to the office of Treasurer,
and such other duties as may from time to time be assigned to him/her
by the Board of Trustees or by the President.
ARTICLE IV.
Special Corporate Acts
1. Execution of Negotiable Instruments. All checks, drafts, notes, bonds,
bills of exchange and orders for the payment of money of the Corporation,
unless otherwise directed by the Board of Trustees, or unless otherwise
required by law, shall be signed by the President or by the Vice President
or by any other officer of the Corporation duly authorized by resolution
of the Board of Trustees.
2. Execution of Deeds and Contracts. All deeds and mortgages made by
the Corporation, and all other written contracts and agreements to which
this Corporation shall be a party, shall be executed in its name by the
President or the Vice President, and shall be attested by the Secretary
or the Treasurer; and the Secretary or the Treasurer shall affix the corporate
seal to such instruments.
ARTICLE V
Amendments
The power to make, alter or amend or repeal this code of Bylaws is vested
in the Board of Trustees, but the affirmative vote of the number of trustees,
equal to a majority of the number who constitute the full Board of Trustees
at the time of such action, shall be necessary to effect any alteration,
amendment or repeal of this code of Bylaws.
CERTIFICATE
STATE OF NEBRASKA )
COUNTY OF OTOE )
We, the members of the Board of Trustees of The Nelson Foundation, hereby
certify that the foregoing Bylaws were unanimously adopted at a meeting
of the Board duly held at the Corporation's offices in Nebraska City,
Nebraska, on May 5, 2003.
Karen Nelson
Nicolas H. Nelson
Nelson S. Harding
Susan H. Wirth
Andrew F. Grier
Keith A. Rohwer
Sara B. Crook
George T. Blazek
Subscribed in my presence and sworn to before me this __5th__ day of May
2003.
Notary Public
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