Articles of Incorporation
of
Friends of Baldwin County Cemeteries, Inc.
Article 1. Name
The name of this organization shall be Friends of Baldwin County Cemeteries, Inc.
Article 2. Purpose
The Corporation shall have as its first main purpose the preservation and protection of Baldwin County, Georgia cemeteries, as well as the preservation and dissemination of information and history about these cemeteries.
The Corporation shall have as its second main purpose the establishment, development, and oversight of a Memory Hill Cemetery Foundation, which shall supplement the cemetery’s future, long-term care currently provided by the city of Milledgeville, Georgia.
Article 3. Nonprofit Status
The corporation is organized pursuant to the Georgia Nonprofit Corporation Code and under section 501(c)(3) of the Internal Revenue Code, or the corresponding section of any future federal tax code.
The Corporation shall be entirely NONPROFIT, with no view to profit. No part of its net earnings shall inure to the benefit of any member, fiduciary, officer or agent of this Corporation, directly or indirectly, except that the Corporation shall be authorized and empowered to pay reasonable compensation for services rendered in furtherance of the charitable purposes of this Corporation.
Article 4. Location and Agent
The street address of the registered office is 3690 Sussex Dr. NE, Milledgeville, GA, 31061-9337 in Baldwin County. The registered agent at such address is Susan J. Harrington.
Article 5. Incorporators
The name and address of each incorporator is:
| Susan J. Harrington | Hugh T. Harrington |
| 3690 Sussex Dr. NE 3 | 690 Sussex Dr. NE |
| Milledgeville, GA 31061-9337 | Milledgeville, GA 31061 |
Article 7. Foundation, Investment Income, and Finance
Section 1. Investments of the Corporation shall be kept for the purpose of (a) paying the operating expenses of the Corporation and funding special cemetery projects and (b) developing a Memory Hill Cemetery Foundation which shall supplement the cemetery’s future, long-term care currently provided by the city of Milledgeville, Georgia.
Section 2. All monies collected from donations, memorial gifts, legacy, or any other source shall be added to the operating expenses/special projects account unless otherwise designated by the donor for the Memory Hill Cemetery Foundation account. Monies going into the operating expenses/special projects account may be earmarked for a particular cemetery and/or cemetery project if the donor chooses.
Section 3. By a vote of the majority of those in attendance at the annual meeting, the Corporation may transfer, at any time, monies from the operating expenses/special projects account to the Memory Hill Cemetery Foundation account if deemed desirable and appropriate.
Section 4. The investment income from the Memory Hill Foundation account shall be used for the care of Memory Hill Cemetery, if the majority of those members in attendance at the annual or a called meeting deems the care expenditure appropriate. Care is broadly defined and includes, but is not limited to: beautification; improvements including but not limited to water lines, streets, or buildings; grave marker purchase or restoration; security; and additions to the Memory Hill Cemetery. Any investment income accrued over and above the care of Memory Hill Cemetery shall be reinvested in the Foundation.
Section 5. While it is the intent that the principal within the Memory Hill Foundation account be left intact as much as possible so that the Foundation will grow, a two-thirds majority of the members in attendance at the annual or called meeting may allocate part of the Foundation’s principal for care benefiting Memory Hill Cemetery.
Article 9. Dissolution
Upon dissolution of the Corporation, (a) the assets of the Memory Hill Foundation account will be distributed for one or more exempt purposes within the meaning of section 501(c)(3) of the Internal Revenue Code, or the corresponding section of any future federal tax code, to the City of Milledgeville, which is the current owner of Memory Hill Cemetery, and (b) the operating expenses/special projects account will be distributed for one or more exempt purposes within the meaning of section 501(c)(3) of the Internal Revenue Code, or the corresponding section of any future federal tax code, to the Baldwin County government, which has oversight ability over county cemeteries.
