Clarksville Education Foundation, Inc.
Bylaws

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Bylaws of
Clarksville Educational Foundation, Inc.

ARTICLE ONE
NAME

The name of this corporation is CLARKSVILLE EDUCATIONAL FOUNDATION, INC.

 ARTICLE TWO
OFFICE

Section 2.1 Registered Office and Registered Agent
The registered office of this corporation is located at 1500 W. Main, Clarksville, Texas 75426.  The corporation shall have and continuously maintain at said address a registered agent whose business office is identical with such registered office.

ARTICLE THREE
PURPOSE

Section 3.1 General

A.        The purpose of this corporation is to provide an organization which will coordinate, encourage and assist educational functions and activities, and promote scholarship in the Clarksville Independent School District, Red River County, Texas by providing financial support, leadership ability, professional expertise or otherwise and to establish a monetary fund to be used to benefit individual students and teachers worthy of scholarship assistance to colleges, universities, and trade or technical schools and professional seminars.  This corporation shall be and is limited to those powers which comply with the provisions and maintenance of exemption provided in Sections 501(c)(3) and 509(a) Internal Revenue Code 1954 as amended.  The powers and purpose of this corporation are also and shall be limited by those powers granted by the State of Texas, and accruing to non-profit corporations incorporated within the State of Texas.

B.         In the event of liquidation, dissolution, winding up or abandonment of this corporation, its property and assets, of every type and description, shall be distributed exclusively to and become the property of such funds, foundation and/or to corporations as are selected and designated by the majority vote of the Board of Trustees of the corporation, provided however, that such funds, foundation, and/or corporations shall qualify as exempt organizations under Section 501(c)(3) of the United States Internal Revenue Service Code of 1954, and as such section now exists or may subsequently be amended.

Section 3.2 Nondiscrimination

This corporation shall not discriminate against any person on account of race, color, religion, sex, age, handicap, or national origin.

 ARTICLE FOUR
BOARD OF TRUSTEES

Section 4.1 Powers

The affairs of this corporation shall be managed by its Board of Trustees (hereinafter called “Board”).

Section 4.2  Number, Term, Qualifications, and Express Agreement of Trustees

The number of Trustees constituting the Board of the corporation shall be a minimum of nine (9), but may grow in number up to fifteen (15).  The Board of Trustees shall be elected by the beginning Board of Trustees of the corporation for three (3) year terms which terms will be staggered so approximately one-third of the Trustees are elected each year.  Trustees shall be chosen without regard to race, color, religion, sex, handicap, or national origin.  Upon initial organization of the Foundation, as determined by lot, one-third of the Board of Trustees shall hold office for a term of three (3) years, one-third for a term of two (2) years, and one-third for a term of one (1) year.  Trustees succeeding the initial Trustees shall then hold office for a term of three years.  The term of office for an initial director who draws a two (2) year term shall end on December 31, 2010.  The term of office for an initial director who draws a three (3) year term shall end on December 31, 2011.  Trustees may succeed themselves in office without limit.

Section 4.3 Vacancies

Any vacancy occurring on the Board shall be filled by the remaining Board members.  A director so elected shall serve the unexpired term vacated.

Section 4.4 Compensation of Trustees

No board member shall receive a salary or compensation for service as a member of this corporation, however, direct expense may be allowed for attendance at meetings pursuant to the conduct of the corporation’s business.  Nothing shall prevent any board member from serving this corporation in any other capacity and receiving compensation there from.

Section 4.5 Advisors

The Board may appoint such advisors to this Board as in its judgment is deemed necessary or appropriate, and at the request of the board may attend meetings of the board.  Such advisors shall not be Trustees, shall have no vote and the presence of such advisors shall not count toward a quorum of the Trustees at any meeting.  Upon initial organization of the Foundation, the superintendent and business manager of Clarksville ISD were named Advisors.

ARTICLE FIVE
MEETING OF THE BOARD

Section 5.1 Place

Meetings of the Board of Trustees shall be held at such places as may be determined from time to time by the Board of Trustees.

Section 5.2 Regular Meetings

Meetings of the Board shall be held at least semi-annually and at such times as may be designated by the president of the Board, vice-president, or in their absence, any officer of the Board.

Section 5.3 Special Meetings

Special meetings of the Board shall be held upon call by the president, vice-president, or by a majority of the board members upon three (3) days notice, oral or written, stating time, place, and purpose or purposes of such a meeting.

Section 5.4 Annual Meeting

The annual meeting of the board shall be held in January at such a time and place as the president or a majority of the members may determine.

Section 5.5 Attendance

A board member who is unable to attend a regular or special meeting shall so advise the president.

Section 5.6 Quorum

At any meeting of the Board of Trustees, the personal presence of not less than one-half of the trustees shall be necessary to constitute a quorum.

Section 5.7 Voting of Trustees

Each board member who personally attends a meeting of the Trustees shall be entitled to one vote on each matter submitted for a vote.  A board member must vote in person on such matters at such meetings.  A board member may not vote by proxy.

Section 5.8 Act of the Board of Trustees

The act of the majority of the Trustees present in person at a meeting at which a quorum is present shall be the act of the Board of Trustees unless the act of a greater number is required by law.

Section 5.9 Procedure at Meetings

The president of the Board, or in his/her absence, the vice-president of the Board or the secretary of the Board shall preside at all meetings of the Board of Trustees.

 Section 5.10 Action by the Board of Trustees Between Meetings

 In order to provide continuity of Board of Trustees activities and control between regular scheduled meetings of the Board, the executive function shall be performed by the officers of the Board.  This decision making body shall be authorized to take action necessary between board meetings only on those issues which demand immediate attention and cannot wait for complete Board of Trustees’ action.  Any decision rendered by this body shall be ratified at the next regularly scheduled meeting of the Board of Trustees.

 Section 5.11 Action of Written Consent

 Any action required or permitted to be taken by the Board under any provisions of law, the Articles of Incorporation, or these Bylaws may be taken without a meeting if all Trustees shall individually or collectively consent in writing of such action.  Such written consent or consents shall be filed with the secretary and placed in minutes of the proceedings of the Board.

 ARTICLE SIX
OFFICERS OF THE BOARD OF TRUSTEES

 Section 6.1 Officers

 The officers of the Board of Trustees of this corporation shall be a president, a vice-president, a secretary, a treasurer, and such other officers as the Board of Trustees may from time to time determine to be necessary or convenient.  The secretary/treasurer may be the same person.

 Section 6.2 Election and Term of Office

A.        The officers shall be elected by the Board of Trustees at its annual meeting.

B.         Each officer shall hold office until the next annual meeting of the Board or until his/her successor shall be elected.  Sixty days prior to the annual meeting, the president shall appoint a nominating committee to make recommendations to the Board of Trustees concerning the election of all board officers.  The nominating committee shall consist of three (3) members, one of whom shall be the immediate past president.

Section 6.3 President

The president of the Board shall preside at all meetings of the Board of Trustees and have such other duties as prescribed by the Board.

Section 6.4 Vice-President

The duties and authority of the vice-president, when present, shall be as determined by the Board.

Section 6.5 Secretary

The secretary shall be a director of this corporation and shall be responsible for seeing that:

A.        A book of minutes be kept at the principle office of the corporation, or such other place as the Board shall order, of all meetings of the Board in the form and manner required by law;

B.         All notices are duly given in accordance with the provisions of the Bylaws or as required by law;

C.        A register of the addresses of each board member be maintained; and

D.        All required correspondence is completed and all other duties incidental to the said office or as may be prescribed from time to time by the Board of Trustees or by law are performed.

The secretary of the Board shall also serve as the secretary of the corporation.

Section 6.6 Treasurer  

As required by the president, the treasurer shall:

A.        Keep and maintain correct amounts of the properties and business transactions of the corporation which shall include all matters required by law;

B.         Have the care and custody of the funds and valuables of the corporation and deposits same in the name and to the credit of the corporation with such depositories as the Board of Trustees may designate;

C.        Disburse the funds of the corporation, retaining proper documentation for such disbursement;

D.        Render to the president of the corporation and the Board of Trustees whenever required, but at least annually, an account of all the transactions as treasurer and a financial statement in form satisfactory to them, showing the condition of the corporation;

E.         Have such powers and perform such other duties as may be prescribed by the president.

ARTICLE SEVEN
COMMITTEES

 Section 7.1 Committees with Authority of the Board of Trustees

 The Board of Trustees may designate one or more committees with the authority to the extent provided by the board.  Each such committee shall consist of two (2) or more persons.  The designation of such a committee or committees and the delegation thereto of authority shall not operate to relieve the Board of Trustees or any individual member of any such committee shall have the same responsibility as the trustee who is a member thereof.

 All committee members and a chairperson will be appointed by the president of the Board to serve at the discretion of the chairperson.  Non-trustee members shall be appointed using the same criteria as used for members of the Board of Trustees.

 Complete and accurate minutes shall be kept of all meetings.

 ARTICLE EIGHT
BOOKS AND RECORDS

 Section 8.1 Nature and Description

 The corporation shall keep correct and complete books and records of account and shall keep minutes of the proceedings of its Board of Trustees, and committees, and shall keep at its registered office a record of the names and addresses of its members of the Board of Trustees entitled to vote.

 ARTICLE NINE
FISCAL YEAR

 The fiscal year of this corporation shall commence on January 1 of each year and end on December 31.

 ARTICLE TEN
INDEMNIFICATION OF TRUSTEES AND OFFICERS AND INSURANCE

 Section 10.1 Indemnity

 To the extent permitted by applicable law and except as provided in Section 10.2 of this Article, the corporation shall indemnify and hold harmless any board member or officers for costs necessarily incurred by him/her in connection with any claim asserted against him/her by reason of his/her being or having been a trustee or officer of the corporation.  The Board of Trustees may provide liability insurance of every director of the foundation to insure trustees from pecuniary loss for carrying out their duties and responsibilities as assigned by the corporation.

 Section 10.2 Determination of Liability

 It is intended that the provision of Section 10.1 of this Article be self-executing and have the force of a contractual indemnification.  As a matter of corporate decision making however, any determination required to be made in Section 10.1 of this Article shall be made by a majority vote of a quorum consisting of board members who were not named as defendants or respondents in the relevant proceeding.

 ARTICLE ELEVEN
GIFTS AND DONATIONS

 Section 11.1 Designated Gifts and Donations

 Any gift or donation made to the corporation from any person, business, or corporation may be designated for a particular program or activity which is currently being carried on by the corporation or may be designated for a particular purpose such as technical training, scholarships to deserving students, cultural enrichment, or otherwise.  Any designated gift, if accepted by the corporation, shall be used only for the purpose for which it has been designated.  The Board of Trustees is empowered to reject any gifts which it deems inappropriate.

 Section 11.2 Undesignated Gifts and Donations

 Any gift or donation received by the corporation which is not designated for a particular purpose shall be used by the corporation in such manner as it deems best.  Undesignated gifts may be merged by the corporation with other undesignated gifts and used as a single fund, or if the Board deems best, the undesignated gift may retain its identity and be used as a separate fund.

 Section 11.3 Named Gifts

 Any gift, grant, award, scholarship or similar thing may be made by, on behalf of, or in the name of the donor or the Foundation only upon approval by majority vote of the Board.

 Section 11.4 Funds from Fundraising Activities

 Funds from Fundraising Activities shall be placed in the Permanent Investment Fund.

Only the interest from the Permanent Investment Fund may be used.

 AMENDMENTS

The powers to alter, amend, or repeal these Bylaws or to adopt new Bylaws is vested in the Board of Trustees.