Articles of Association of Kdakinna Pobatamwogan Medecine Society: KNOW ALL MEN BY THESE PRESENTS: THAT we, the undersigned, for the purpose of incorporating a religious society under the laws of the State of Vermont relating to such socieities, do hereby voluntarily associate ourselves together as a body corporate under the provisions of Title 11, Chapter 19 of the Vermont Statutes Annotated, as amended, for the purposes set forth herein, and have hereby adopted the following Articles of Association, viz:
Article I. NAME: The name of this incorporated religious society shall be KDAKINNA POBATAMWOGAN MEDECINE SOCIETY.
Article II. DURATION: This incorporated religious society shall have perpetual duration and perpetual succession in it's corporate name.
Article III. PURPOSES: The purposes for which this incorporate is formed is not for profit, but to provide succession to a former Medecine Council composed of the directors herein named by the corporaters, and support and maintain perpetually religious camp meetings and retreats, burial grounds (cemeteries), schools, monuments, meeting houses, orphans homes, and homes for the elderly in the strict compliance with the policy, established usage, and discipline of the Kdakinna Pobatamwogan Medecine Society may assemble once annually, or oftener if desired, forever, to recieve instruction i nthe teachings and philosophy of the Kdakinna Pobtamawogan, and/or for religious worship, either active or passive, in either English or any other language.
And to hold sacredly in trust forever for the Kdakinna Pobatamwogan, the money, property and values of every kind heretofore donated, contributed, collected, and held for any or all of the purposes enumerated herein, and recieve and hold in like perpetual trust, all gifts, devises, bequests, grants, donations, subscriptions and acquisistions of every kind hereinafter made, and all lands, buildings and property, personal and real, already acquired, or which may hereafter be acquired as necessary or convenient to the successful and proper conduct of the purposes herein enumerated, and the furnishing of convenient tents, trailers, cottages, summer homes, and lother living accomodation, roads, walks, lights, water and other necessaries, conveniences and accomodations on the other properties of the Society throughout the State of Vermont and elsewhere, for members and friends of the Kdakinna Pobatamwogan Medecine Society, who may regularly, or from time to time, attend said properties for any or all of the purposes herein enumerated, and who desire such accomodations and camp meeting homes.
And to establish, maintain, and conduct schools for the religious, cultural, social, moral, and intellectual enrichment of Indian people of all ages.
And to minister to the Indian people of Vermont and elsewhere, and to give expression to the teachings of the Kdakinna Pobatamwogan on both spiritual and temporal matters.
And to promote spiritual unity and efficiency in efforts for the converting of Indian people to the True Religion.
And to acquire and hold title to property, land, not as public or private property, but trustee ship, to hold lands in it's stewardship for the purposes set forth herein, and to manage and use said lands on terms that tare consistent with sound conversational and ecological principles; terms that reflect the reverence of the members of the Kdakinna Pobatamwogan.
And to promote in every way the best interest of the Kdakinna Pobatawogan, particularly to interest other persons, corporations, or societies to contribute to it's support. To acquire money, securities, or buildings and hold the same, invest or reinvest or pay out the same or income therefrom for the aforesaid purposes.
Article IV. POWERS AND LIMITATIONS: This corporation is not organized for profit and no part of the assets or income of the corporation shall be distributable to or inure to the benefit of it's members, officers or private persons of any kind, except that the corporation shall be empowered to pay reasonable compensation for services rendered and to make payments in furtherance of the purposes set fourth in Article III hereof.
The corporation shall not carry on or intervene in any political campaign on behalf of any canidate for public office.
The corporation shall not carry on any activities not permitted to be carried on by a corporation exempt from the Federal Income Tax under Section 501(c)3 of the Internal Revenue Code.
In order to secure that land owned by the Kdakinna Pobatamwogan Medecine Society be removed from the market place and held in stewardship for the furtherance of the purposes set forth in Article III herein, no land owned by Kdakinna Pobatamwogan Medeicne Society shall be sold, mortgaged, or ptherwise used for security for any indebtedness.
Nothwithstanding any other provisions of these Articles of Association or any By-Law made pursuant hereto, or allowable by law, this Article shall not be repealed, amended, or altered in any particular, in any manner, or through any process whatsoever.
Article V. REGISTERED OFFICE AND REGISTERED AGENT: The address of the registered office of the Kdakinna Pobatamwogan Medecine Society shall be 15 Jewett Street, Swanton, Vermont, 05488. The name of the registered agens of the corporation at the above address is Missisquoi Band of the Abenaki Nation.
Article VI. MEMBERS: The number and qualificatioin of members, the classes of membership, and the voiting rights of members shall be as stated in the by-laws.
Article VII. OFFICERS: The governing body of the society, the number and qualification of officers, the method of selection, the duties and responsibilities, and terms of office shall be as sstated in the by-laws.
Article VIII. MEDECINE COUNCIL: The governing body of the society shall be called the Medecine Council. The activities, affairs, and property of the Kdakinna Pobatamwogan medecine Society shall be managed, directed and controlled and it's powers exercised by and vested in the Medecine Council, except as otherwise expressly limited by these Articles of Association or the By-Laws of the Society. The Medecine Council shall consist of four (4) officers who shall be known as W'Nanawaldemen Skweda (President); W'Nanawaldemen Wdamogan (VIce-President); W'Nanawaldemen Ojmowogan (Secretary); and W'Nanawaldemen Moni (Treasurer).
The names and addresses of the Officers of the Society who are to serve until the election and qaulification of their successors, as provided by law, are as follows:
R. Kent Ouimette (W'Nanawaldemen Skweda) at 15 Jewett Street in Swanton, Vermont 05488; Arthur "Bill" Seymour (W'Nanawaldemen W'damogan) at 36 Walnut Street in Burlington, Vermont 05401; Dorothy Seymor (W'Nanawaldemen Ojmowogan) at 36 Walnut Street in Burlington, Vermont 05401; V. Jean Ouimette (W'Nanawaldemen Moni) at 15 Jewett Street in Swanton, Vermont 05488.
Article IX. AMENDMENT: These Articles of Association shall not be repealed, amended, or altered in any particular without the unanimous consent of the MEdecine Coucil and the two-thirds (2/3) affirmative vote of the voting members of the corporation.
Article X. DISSOLUTION: If the disolution of this corporation shall become necessary, the Medecine Council shall, after paying or making provisions for the payment of all of the liabilities of the corporation, disposes of all of the assets of the corporation in such a manner or to such organizatioin or organizations organized exclusively for religious, charitable, scientific, or educational purposes as shall at the time qualify as an exempt organization under Section 501(c)3 of the Internal Revenue Code of 1954 (or the corresponding provision of any further United States Internal Revenue Law) as the Medecine Council and the membership shall determine whose land use and preservation philosophies and whose purposes are in harmony with the land use and preservation philosophies and purposes of the Kdakinna Pobatamwogan Medecine Society.
Any such assets not so disposed of shall be disposed of by the County Court of the County in which the principal office of the corporation is then located, exclusively for such purposes or to such organizations, as said Court shall determine, which are organized and operated exclusively for such purposes.
IN WITNESS WHEREOF, We have hereby subscribed our names this 17th day of July 1978 at Swanton, in the County of Franklin in the State of Vermont.
R. Kent Ouimette (Incorporator)
Arthur Bill Seymour (Incorporator)
Dorothy Seymour (Incorporator)
V. Jean Ouimette (Incorporator)
STATEMENT OF INTENT - REAL ESTATE CLAIM
NOW COMES THE KDAKINNA POBATAMWOGAN MEDICINE SOCIETY, a corporation, and by this instrument asserts that:
A certain parcel of land is sistuate in Lake Champlain, more or less equidistant from the shoreline of Potters Point or Shelburne Point (so called) in the Town of Shelburne, and the County of Chittenden, northwesterly to Juniper Island (so called), and in Lake Champlain at Lattitude forty-four degrees, twenty-seven minutes and Longtitude seventy-three degrees, fifteen minutes; and, Said parcel of land, being an island or promontory, and presently known or referred to as Rock Dunder, is siutate within the jurisdictional domain of the State of Vermont; and, There is no known record or claim of ownership by any person, corporation, or governmental body, or deed of record to said Rock Dunder; and, Said ROCK DUNDER may be outside the chartered township of Shelburne, and thus not recorded on any grand list, and there is no record of any use or occupancy of said Rock Dunder, except as a place of prayer and religious worship by Abenaki people, many of whom still practise the True Religion; and, Rock Dunder, is a sacred place to us, being the manifestation of a powerful manipulator spirit named Odziozo, and has been used by Abenaki medicine people as a place of worship as recently as August of 1978; therefore, KNOW ALL MEN BY THESE PRESENTS, That We, the Kdakinna Pobatamwogan Medicine Society, a religious society incorporated under Title II, chapter 19 of the Vermont Statutes Annotated, as amended, by presenting and filing this notice with the Secretary of State, hereby serve notice on the State of Vermont of our intent to claim all right, title, and interest in said Rock Dunder, (ODZIOZO), together with such riparian rights as ordinarily attach to lands in Lake Champlain, and to hold title to same as a religious monument and a sacred place of worship, against any and all claims or statements of intent hereafter made or filed by any person, group, corporation, or governmental entity. NOW COMES R. Kent Ouimette, an officer of the corporation, duly empowered to act on our behalf, and sets his hand and seal to this our act on this 5th day of January A.D. 1979. KDAKNNA POBATAMWOGAN MEDICINE SOCIETY by R. Kent Ouimette (W'Nanawaldemen SKweda) (Title) STATE OF VERMONT Washington COUNTY
On this the 5th day of January 1979 before me R. Kent Ouimette, the undersigned officer, personally appeared R. Kent Ouimette who acknowledged himself to be the W'Nanawaldemen Skweda of the Kdakinna Pobatamwogan Medicine Society, a corporation, and that he as such officer, being authorized to do so, executed the forgoing instrument for the purposes therein contained, by signing the name of the corporation by himself as W'Nanawaldemen Skweda. In Witness Whereof, I hereunto set my hand. Wayne Gilligan (Notary) (Title).
QUIT CLAIM DEED. TO ALL MEN TO WHOME THESE PRESENTS SHALL COME, GREETINGS: KNOW YET, THAT WE, The KDAKINNA POBATAMWOGAN MEDICINE SOCIETY, in conformance with the terms of a certain Sacred Trust which has been our heritage from time immemorial, do by these presents release and forever Quit-Claim to ourselves as a religious society incorporated under the provisions of Title II, Chapter 19 of the Vermont Statutes Annotated, as amended, all right, title, interest, claim and demand whatsoever which we as Releasors have or ought to have in or tot the property located at:
A point in Lake Champlain referred to on current maps as Rock Dunder, at Lattitude forty-four degrees, twenty-seven minutes and Longitude seventy-three degrees, fifteen minutes, being an island or promontary situate in said Lake Champlain, and surrounded by the waters thereof; together with such rights as we may have or be entitled to have as riparian owners of lands on or in Lake Champlain within the territorial domain of the State of Vermont.
To Have and to Hold the premises, with all the appurtanences, forever; and we declare agree that neither we as individuals nor our heirs or assigns shall have or make any claim or demand upon such property.
In Witness Whereof, R. Kent Ouiment, an officer of the corporation duly empowered to act on our behalf sets his hand and seal this 5th day of January A.D. 1979.
Signed, sealed and delivered i nthe presence of two witnesses:David McCauley (Witness)
Christel F. Holzer (Witness)
KDAKINNA POBATAMWOGAN MEDICINE SOCIETY (Releasor) by: R. Kent Ouimette L.S. (Title: W'Nanawaldemen Skweda)
STATE OF VERMONT Chittenden COUNTY ss. On this 8th day of January 1979, before me, Jannette O'Neil, the undersigned officer, personally appeard R. Kent Ouimette who acknowledged himself to be the W'Nanawaldemen Skweda of the Kdakinna Pombatawogan Medicine Society, a corporation, and being authorized to do so, executed the forgoing instrument for the purposes therein contained by affixing and signing the name of the corporation by himself as W'Nanawaldemen Skweda. In Witness Whereof, I hereunto set my hand. Jannette O'Neil, Notary Public (Title).
