Form 1023 Checklist

(Revised June 2006)

Application for Recognition of Exemption under Section 501(c}(3) of the
Internal Revenue Code
Note. Retain a copy of the completed Form 1023 in your permanent records. Refer to the General Instructions
regarding Public Inspection of approved applications.
Check each box to finish your application (Form 1023). Send this completed Checklist with your filled-in
application. If you have not answered all the items below, your application may be returned to you as
incomplete.

IZl

Assemble the application and materials in this order:

1& Form 1023 Checklist
Form 2848, Power of Attorney and Declaration of Representative (if filing)
It Form 8821, Tax Information Authorization (if filing)
It Expedite request (if requesting)
Application (Form 1023 and Schedules A through H, as required)
Articles of organization
Amendments to articles of organization in chronological order
Bylaws or other rules of operation and amendments
Documentation of nondiscriminatory policy for schools, as required by Schedule B
Form 5768, Election/Revocation of Election by an Eligible Section 501(c}(3) Organization To Make
Expenditures To Influence Legislation (if filing)
All other attachments, including explanations, financial data, and printed materials or publications. Label
each page with name and EIN.

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User fee payment placed in envelope on top of checklist. DO NOT STAPLE or otherwise attach your check or
money order to your application. Instead, just place it in the envelope.

IZl

Employer Identification Number (EIN)

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Completed Parts I through XI of the application, including any requested information and any required
Schedules A through H.
You must provide specific details about your past, present, and planned activities.
1& Generalizations or failure to answer questions in the Form 1023 application will prevent us from recognizing
you as tax exempt.
Describe your purposes and proposed activities in specific easily understood terms.
Financial information should correspond with proposed activities.

IZl

Schedules. Submit only those schedules that apply to you and check either "Yes" or "No" below.
Schedule A

Yes_ No L

Schedule EYes _

No L

Schedule B

Yes_ NoL

Schedule F

Yes _

No L

Schedule C

Yes_ NoL

Schedule G

Yes_ NoL

Schedule 0

Yes_ NoL

Schedule H

Yes_ NoL

[lJ An exact copy of your complete articles of organization (creating document). Absence of the proper purpose
and dissolution clauses is the number one reason for delays in the issuance of determination letters.
Location of Purpose Clause from Part III, line 1 (Page. Article and Paragraph Number) Sec5.1,Cert of Amen
Location of Dissolution Clause from Part III. line 2b or 2c (Page, Article and Paragraph Number) or by
operation of state law p4,Sec7.4, Cert. of Form.

[lJ Signature of an officer. director. trustee, or other official who is authorized to sign the application.
s Signature at Part XI of Form 1023.

[ZJ Your name on the application must be the same as your legal name as it appears in your articles of
organization.
Send completed Form 1023. user fee payment, and all other required information, to:
Internal Revenue Service
P.O. Box 12192
Covington, KY 41012-0192
If you are using express mail or a delivery service. send Form 1023. user fee payment, and attachments to:
Internal Revenue Service
201 West Rivercenter Blvd.
Attn: Extracting Stop 312
Covington, KY 41011

Printed on recycled paper

2848

Form
(Rev. March 2012)
Department of theTreasury
Internal Revenue Service

OMSNo. 15450150

Power of Attorney
and Declaration of Representative
... Type or print.

For IRS Use Only

Received by:

... See the separate instructions.

Name

Power of Attorney
Caution: A separate Form 2848 should be completed for each taxpayer. Form 2848 will not be honored

Telephone
Function

for any purpose other than representation before the IRS.

Date

_
_

Taxpayer information. Taxpayer must sign and date this form on page 2, line 7.
Taxpayer name and address
West, TX '.Foundation, Inc.
218 N. Main St.
West, Texas 76691

Taxpayer identification number(s)

46.2833227

1-=-0-,,---'t~1.:;h~=:.!..--;-b---r-;:;;----;--':7"7-:-:--;:--;-;:-;-Plan number (If applicable)

aytlme e ep one num er

2548267550

hereby appoints the following representative(s) as attorney(s)-in-fact:

Representative(s) must sign and date this form on page 2, Part II.
CAF No. _ ~~~.~:~.~~.~~.~

Name and address

MARK C. HOBBS
PO BOX 21117
WACO, TEXAS 767021117
Check if to be sent notices and communications

PTIN

..

Telephone No. ~~~:!.??:~~.q~

Fax No.
2547763591
Check if new: Addres;[r-T~i~ph-~~~-N~~[:rF~~No.

Name and address

CAF No. __.___

PTI N
Telephone No.

Check if to be sent notices and communications

Fax No. .
Check if new: Address
Telephone No.
Fax No.

Name and address

CAF No. .
PTIN
Telephone No.

Fax No. .
Check if new: Address
Telephone No.
Fax No.

to represent the taxpayer before the Internal Revenue Service for the following matters:
3
Matters
Description of Malter(Income, Employment, Payroll, Excise, Estate, Gift,Whistleblower,
Practitioner Discipline, PLR, FOIA, CivilPenalty, etc.) (see instructions forline 3)
Application for Recognition of Exemption
Under Section 501 (c)(3) of the Internal Revenue Code

Tax Form Number

(1040,941,720, etc.) (if applicable)
1023

Year(s) or Period(s) (if applicable)

(see instructions for line 3)
2013

Specific use not recorded on Centralized Authorization File (CAF). If the power of attorney is for a specific use not recorded on CAF,
check this box. See the instructions for Line 4. Specific Uses Not Recorded on CAF
...

Acts authorized. Unless otherwise provided below, the representatives generally are authorized to receive and inspect confidential tax
information and to perform any and all acts that I can perform with respect to the tax matters described on line 3, for example, the authority to
sign any agreements, consents. or other documents. The representative(s), however, is (are) not authorized to receive or negotiate any
amounts paid to the client in connection with this representation (including refunds by either electronic means or paper checks). Additionally,
unless the appropriate box(es) below are checked, the representative(s) is (are) not authorized to execute a request for disclosure of tax returns
or return information to a third party, substitute another representative or add additional representatives, or sign certain tax returns.

o Disclosure to third parties; 0 Substitute or add representative(s); 0 Signing a return;

o Other acts authorized: -----------------------------_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (see instructions for more information)

Exceptions. An unenrolled return preparer cannot sign any document for a taxpayer and may only represent taxpayers in limited situations.
An enrolled actuary may only represent taxpayers to the extent provided in section 10.3(d) of Treasury Department Circular No. 230 (Circular
230). An enrolled retirement plan agent may only represent taxpayers to the extent provided in section 10.3(e) of Circular 230. A registered tax
return preparer may only represent taxpayers to the extent provided in section 10.3(t) of Circular 230. See the line 5 instructions for restrictions
on tax matters partners. In most cases, the student practitioner's (level k) authority is limited (for example. they may only practice under the
supervision of another practitioner).
List any specific deletions to the acts otherwise authorized in this power of attorney: _____

For Privacy Act and Paperwork Reduction Act Notice, see the instructions.

Cal. No. 11980J

Form2848 (Rev. 3-2012)

Form 2848 (Rev. 3-2012)

Page

Retention/revocation of prior power(s) of attorney. The filing of this power of attorney automatically revokes all earlier power(s) of
attorney on file with the Internal Revenue Service for the same matters and years or periods covered by this document. If you do not want
to revoke a prior power of attorney, check here .
. ....

YOU MUST ATTACH A COPY OF ANY POWER OF ATTORNEY YOU WANT TO REMAIN IN EFFECT.
7

Signature of taxpayer. If a tax matter concerns a year in which a joint return was filed, the husband and wife must each file a separate power
of attorney even if the same representative(s) is (are) being appointed. If signed by a corporate officer, partner, guardian, tax matters partner,
executor, receiver, administrator, or trustee on behalf of the taxpayer, I certify that I have the authority to execute this form on behalf of the
taxpayer .

.,..IF NOT SIGNED AND DATED, THIS POWER OF ATTORNEY WILL BE RETURNED TO THE TAXPAYER.

___{~j~:k : ::

m______________

SIgnature

af/.J.~LL3L __.

EXECUTIVE DIRECTOR

............

Date

__

_ - - - - - - - - - __ -

.. -

Title (if applicable)

KAREN BERNSEN
WEST. TX. FOUNDATION INC.

00000

Print Name

mill

PIN Number

Print name of taxpayer from line 1 if other than individual

Declaration of Representative

Under penalties of perjury, I declare that:

I am not currently under suspension or disbarment from practice before the Internal Revenue Service;
I am aware of regulations contained in Circular 230 (31 CFR, Part 10), as amended, conceming practice before the Internal Revenue Service;
I am authorized to represent the taxpayer identified in Part I for the matter(s) specified there; and
I am one of the following:
a Attomey-a member in good standing of the bar of the highest court of the jurisdiction shown below.
b Certified Public Accountant-duly qualified to practice as a certified public accountant in the jurisdiction shown below.
c Enrolled Agent-enrolled as an agent under the requirements of Circular 230.
d Officer-a bona fide officer of the taxpayer's organization.
e Full-Time Employee-a full-time employee of the taxpayer.
f Family Member-a member of the taxpayer's immediate family (for example, spouse, parent, child, grandparent, grandchild, step-parent, stepchild, brother, or sister).
g Enrolled Actuary-enrolled as an actuary by the Joint Board for the Enrollment of Actuaries under 29 U.S.C. 1242 (the authority to practice before
the Internal Revenue Service is limited by section 10.3(d) of Circular 230).
h Unenrolled Return Preparer-Your authority to practice before the Internal Revenue Service is limited. You must have been eligible to sign the
return under examination and have signed the retum. See Notice 2011-6 and Special rules for registered tax return preparers and unenrolled
return preparers in the instructions.
Registered Tax Return Preparer-registered as a tax return preparer under the requirements of section 10.4 of Circular 230. Your authority to
practice before the Internal Revenue Service is limited. You must have been eligible to sign the return under examination and have signed the
return. See Notice 2011-6 and Special rules for registered tax return preparers and unenrolled return preparers in the instructions.
k Student Attorney or CPA-receives permission to practice before the IRS by virtue of his/her status as a law, business, or accounting student
working in L1TC or STCP under section 10.7(d) of Circular 230. See instructions for Part II for additional information and requirements.
r Enrolled Retirement Plan Agent-enrolled as a retirement plan agent under the requirements of Circular 230 (the authority to practice before the
Internal Revenue Service is limited by section 10.3(e)).

.,.. IF THIS DECLARATION OF REPRESENTATIVE IS NOT SIGNED AND DATED, THE POWER OF ATTORNEY WILL BE
RETURNED. REPRESENTATIVES MUST SIGN IN THE ORDER LISTED IN LINE 2 ABOVE. See the instructions for Part II.
Note: For designations d-f, enter your title, position, or relationship to the taxpayer in the "Licensing jurisdiction" column. See the instructions for Part II
for more information.

DesignationInsert above
letter (a-r)

Licensing jurisdiction
(state) or other
licensing authority
(if applicable)

TX

Bar, license, certification,

registration, or enrollment
number (if applicable).
See instructions for Part II for
more information.

Signature

Date

24035905

Form

2848 (Rev. 3-2012)

BEARD Kill1GEN
BROP~~~CK

DICKSO~UIRESLLP
ATTORNEYSATLAW

REQUEST TO EXPEDITE APPLICATION PROCESSING

INTERNAL REVENUE SERVICE FORM 1023
VIA FEDERAL EXPRESS

Internal Revenue Service

201 West Rivercenter Blvd.
Attn: Extracting Stop 312
Covington, KY 41011

RE: REQUEST TO EXPEDITE PROCESSING FORM 1023 - DISASTER RELIEF

West, TX Foundation, Inc., EIN# 46-2833227 (the "Organization") hereby submits this
request to expedite application processing on the enclosed Form 1023 (Application for Recognition
of Exemption Under Section 501(c)(3) of the Internal Revenue Code.
The Organization is a newly-formed disaster relief organization created in the aftermath
of the devastating fire and explosion that occurred at the West Fertilizer Company storage and
distribution facility in West, Texas, on Wednesday, April 17, 2013. The explosion killed 15 people,
injured more than 200 others, destroyed 142 homes and businesses, and damaged a 37-block-area of
the community. A nursing home, a 50-unit apartment complex, and three (of the town's four)
school buildings were destroyed. City water and sewer systems were badly damaged. Countless
members of the community, first responders, and medical professionals were affected as they
witnessed the event and rushed to the aid of the victims.
The expedited recognition of West, TX Foundation, Inc. as a tax-exempt entity is necessary
to enable it to carry out its purpose of assisting those affected by this tragedy without delay.
Unnecessary delays in obtaining recognition of 501 (c)(3) status could cause further deterioration of
the community and reduce donations needed for the long-term recovery of the City of West.
If you have any questions, please contact me immediately at 254-776-5500.
Respectfully Submitted,

cc: Congressman Bill Flores

Attn: Mr. Tim Head, District Director
400 Austin Avc., Suite 302
Waco, Texas 76701
Judgc Scott Felton
501 Washington 1\venue
Waco, Texas 76701

Judgc Richard Anderson

211 Wcst Austin Street
Marshall, Texas 75670

Karen Bernsen
218 N. Main Strcct
Wcst, Texas 76691

254.776.5500 -I< FAX 254.776.359r

7670rl P.O. BOX 2ur7, WACO, TEXAS 76702-ur7

wwwrhercxusfirm.com -jc TEL

220

SOUTH FOURTH STREET..WACO, TEXAS

J/~HS/ jForm

1023

(Rev. June 2006)

J\

1)f::-L /tfApplication for Recognition of Exemption

OMS No. 15450056

Note: If exempt status is
approved. this
application will be open
for public inspection.

Under Section 501(c)(3) of the Internal Revenue Code

Department of the Treasury

IntemalRevenue service

Use the instructions to complete this application and for a definition of atl bold items. For additional help, call IRS Exempt
Organizations Customer Account Services toll-free at 1-877-829-5500. Visit our website at www.irs.gov for forms and
publlcatlons. If the required information and documents are not submitted with payment of the appropriate user fee, the
application may be returned to you.
Attach additional sheets to this application if you need more space to answer fully. Put your name and EIN on each sheet and
identify each answer by Part and line number. Complete Parts I - XI of Form 1023 and submit only those Schedules (A through
H) that apply to you.

I@II
1

Identification of Applicant

Full name of organization (exactly as it appears in your organizing document)

WEST, TX. FOUNDATION, INC.

Mailing address (Number and street) (see instructions)

2 c/o Name (if applicable)

Karen Bernsen

Room/Suite 4 Employer Identification Number (EIN)

218 N. MAIN STREET

City or town, state or country, and ZIP + 4
WEST, TEXAS 76691

46-2833227

5 Month the annual accounting period ends (01 - 12)

12

Primary contact (officer, director, trustee, or authorized representative)

a Name: MARK C. HOBBS

(254) 776-5500

b Phone:

c Fax: (optional)

(254) 776-3591

Are you represented by an authorized representative, such as an attorney or accountant? If "Yes,"

provide the authorized representative's name, and the name and address of the authorized
representative's firm. Include a completed Form 2848, Power of Attorney and Declaration of
Representative, with your application if you would like us to communicate with your representative.

IZI

Yes

Was a person who is not one of your officers, directors, trustees, employees, or an authorized
representative listed in line 7, paid, or promised payment, to help plan, manage, or advise you about
the structure or activities of your organization, or about your financial or tax matters? If "Yes,"
provide the person's name, the name and address of the person's firm, the amounts paid or
promised to be paid, and describe that person's role.

Yes

bZl No

Yes

bZl No

No

9a Organization's website: WWW.WESTLTR.ORG

b Organization's email: (optional) KARENB@WESTLTR.ORG

10

Certain organizations are not required to file an information return (Form 990 or Form 990-EZ). If you
are granted tax-exemption, are you claiming to be excused from filing Form 990 or Form 990-EZ? If
"Yes," explain. See the instructions for a description of organizations not required to file Form 990 or
Form 990-EZ.

11

Date incorporated if a corporation, or formed, if other than a corporation.

12

Were you formed under the laws of a foreign country?

If "Yes," state the country.

For Paperwork Reduction Act Notice, see page 24 of the instructions.

(MM/DDIYYYY)

05

/ 21 /
DYes

Cat. No. 17133K

Form

1023

2013

bZl No

(Rev. 6-2006)

Form 1023 (Rev. 6-2006)

Name: WEST,

TX FOUNDATION, INC.

EIN:

46 - 2833227

Page

Organizational Structure

You must be a corporation (including a limited liability company), an unincorporated association, or a trust to be tax exempt.
(See instructions.) DO NOT file this form unless you can check "Yes" on lines 1, 2, 3, or 4.
1

Are you a corporation? If "Yes," attach a copy of your articles of incorporation showing certification
of filing with the appropriate state agency. Include copies of any amendments to your articles and
be sure they also show state filing certification.

GZl

Yes

No

Are you a limited liability company (LLC)? If "Yes," attach a copy of your articles of organization showing
certification of filing with the appropriate state agency. Also, if you adopted an operating agreement, attach
a copy. Include copies of any amendments to your articles and be sure they show state filing certification.
Refer to the instructions for circumstances when an LLC should not file its own exemption application.

Yes

IZJ

No

Are you an unincorporated association? If "Yes," attach a copy of your articles of association,
constitution, or other similar organizing document that is dated and includes at least two signatures.
Include signed and dated copies of any amendments.

DYes

IZJ

No

DYes

IZJ

No

4a Are you a trust? If "Yes," attach a signed and dated copy of your trust agreement. Include signed
and dated copies of any amendments.
b Have you been funded? If "No," explain how you are formed without anything of value placed in trust.
5

DYes

Have you adopted bylaws? If "Yes," attach a current copy showing date of adoption. If "No," explain
how our officers, directors, or trustees are selected.

I2J

Yes

IZJ

No
No

Re uired Provisions in Your Or anizin Document

The following questions are designed to ensure that when you file this application, your organizing document contains the required provisions
to meet the organizationaltest under section 501(c)(3). Unless you can check the boxes in both lines 1 and 2, your organizing document
does not meet the organizational test. DO NOT file this application until you have amended your organizing document. Submit your
original and amended organizing documents (showing state filing certification if you are a corporation or an LLC) with your application.
Section 501(c)(3) requires that your organizing document state your exempt purpose(s), such as charitable,
religious, educational, and/or scientific purposes. Check the box to confirm that your organizing document
meets this requirement. Describe specifically where your organizing document meets this requirement, such as
a reference to a particular article or section in your organizing document. Refer to the instructions for exempt
purpose language. Location of Purpose Clause (Page, Article, and Paragraph): Pg.1, Art.5, 5.1, Cert.of Amend.

IZJ

2a Section 501(c)(3) requires that upon dissolution of your organization, your remaining assets must be used exclusively
for exempt purposes, such as charitable, religious, educational, and/or scientific purposes. Check the box on line 2a to
confirm that your organizing document meets this requirement by express provision for the distribution of assets upon
dissolution. If you rely on state law for your dissolution provision, do not check the box on line 2a and go to line 2c.

III

2b If you checked the box on line 2a, specify the location of vqur piss.olutiqn clause (Paqe, Article, and Paragraph).
Do not complete line 2c if you checked box 2a. Pg.4, ArtJ, ::;ecJ.4, C;ert. or form'atlon
2c See the instructions for information about the operation of state law in your particular state. Check this box if
you rely on operation of state law for your dissolution provision and indicate the state:

I'.m1!J

Narrative Description of Your Activities

Using an attachment, describe your past, present, and planned activities in a narrative. If you believe that you have already provided some of
this information in response to other parts of this application, you may summarizethat information here and refer to the specific parts of the
application for supporting details. You may also attach representative copies of newsletters, brochures, or similar documents for supporting
details to this narrative. Rememberthat if this application is approved, it will be open for public inspection. Therefore, your narrative
description of activities should be thorough and accurate. Referto the instructions for information that must be included in your description.

' imu",

Compensation and Other Financial Arrangements With Your Officers, Directors, Trustees,
Employees, and Independent Contractors

1a List the names, titles, and mailing addresses of all of your officers, directors, and trustees. For each person listed, state their
total annual compensation, or proposed compensation, for all services to the organization, whether as an officer, employee, or
other position. Use actual figures, if available. Enter "none" if no compensation is or will be paid. If additional space is needed,
attach a separate sheet. Refer to the instructions for information on what to include as compensation.
Name

101 HCR 2201

AQUILLA, TEXAS 76622
1101 CHARING CROSS
----- ----- . -_ .. --------_ .. --------- ...... _..WACO, TEXAS 76712
LANE
2150
...............HEJL
---- -_ .......
----_ ..-_ ............. -_ .................
WEST, TEXAS 76691
w

DR. CHARLES MATTHEWS

DIRECTOR

TIFFANY BOLTON

DIRECTOR

RONNIE SYKORA

DIRECTOR

Compensation amount
(annual actual or estimated)

Mailing address

TItle

__ w

_ _ _ _ _ _ _ _ . . . . _ _ ..

_ _ _ _ _ .. _ _... _ _ _ _ _ .. _ _ _ _ ... _ _ _

0
0
0

..... _.._... ----- -_ ...... _... _------- --------- -----

--------- ----- --_ ............. ------ ---- ..... -_ .. _...

Form

1023

(Rev. 6-2006)

Form 1023 (Rev. 6-2006)

IDI!I

Name: WEST,

TX FOUNDATION, INC.

EIN:

46 - 2833227

Page

Compensation and Other Financial Arrangements With Your Officers, Directors, Trustees,
Employees, and Independent Contractors (Continued)

b List the names, titles, and mailing addresses of each of your five highest compensated employees who receive or will
receive compensation of more than $50,000 per year. Use the actual figure, if available. Refer to the instructions for
information on what to include as compensation. Do not include officers, directors, or trustees listed in line 1a.
Name

KAREN BERNSEN

Tille

EXECUTIVE DIRECTOR

Compensation amount
(annual actual or estimated)

Mailing address

218
NORTH MAIN ST.
M" _M_
WEST, TEXAS 76691
~

65,000

w ................................... ___ ............ __ .... __

..---------- ------- .... --------_ .._'O- ____ .._.

-- -----_ . -- -------- .. ---------_ .... -------........ -_ ..-_ .......... -_ ...................... -_ .................. _.- - - - - - - - - - - _ . . . . . . 'O- _ _ _ _ _ _ _ _ _ _ _ _ . . . . . . . . . . . . . . . . . _ _ _

c List the names, names of businesses, and mailing addresses of your five highest compensated independent contractors
that receive or will receive compensation of more than $50,000 per year. Use the actual figure, if available. Refer to the
instructions for information on what to include as compensation.
Name

Title

Compensation amount
(annual actual or estimated)

Mailing address

............ -_ .... -- -_ ..........

-- -_ ........ -_ ..---- -_ ........

--_ ...... ----------_ .. ---_ .. _-----------_ .. --..------------------------ ....

-.------- ..- ....

.... ... _............ ----_ ..-_ ............. _... ---_... --_ ... _... ---

--_ ...... _............... --_ ..... --- -- _.... _- _....... _.._..--_ .......
The following "Yes" or "No" questions relate to past, present, or planned relationships, transactions,or agreements with your officers,
directors, trustees, highest compensated employees, and highest compensated independentcontractors listed in lines ta, tb, and 1c.

Yes

IZl

No

b Do you have a business relationship with any of your officers, directors, or trustees other than
through their position as an officer, director, or trustee? If "Yes," identify the individuals and describe
the business relationship with each of your officers, directors, or trustees.

Yes

III

No

c Are any of your officers, directors, or trustees related to your highest compensated employees or
highest compensated independent contractors listed on lines 1b or 1c through family or business
relationships? If "Yes," identify the individuals and explain the relationship.

Yes

IZl

No

Yes

IZl

No

QJ
QJ
QJ

Yes
Yes
Yes

o No

No

No

2a Are any of your officers, directors, or trustees related to each other through family or business
relationships? If "Yes," identify the individuals and explain the relationship.

3a For each of your officers, directors, trustees, highest compensated employees, and highest
compensated independent contractors listed on lines 1a, 1b, or 1c, attach a list showing their name,
qualifications, average hours worked, and duties.

b Do any of your officers, directors, trustees, highest compensated employees, and highest
compensated independent contractors listed on lines 1a, 1b, or 1c receive compensation from any
other organizations, whether tax exempt or taxable, that are related to you through common
control? If "Yes," identify the individuals, explain the relationship between you and the other
organization, and describe the compensation arrangement.

In establishing the compensation for your officers, directors, trustees, highest compensated
employees, and highest compensated independent contractors listed on lines 1a, 1b, and 1 c, the
following practices are recommended, although they are not required to obtain exemption. Answer
"Yes" to all the practices you use.

a Do you or will the individuals that approve compensation arrangements follow a conflict of interest policy?
b Do you or will you approve compensation arrangements in advance of paying compensation?
c Do you or will you document in writing the date and terms of approved compensation arrangements?

Form

1023

(Rev. 6-2006)

Form 1023 (Rev. 6-2006)

IDl!tID

Name: WEST,

TX FOUNDATION, INC.

EIN:

46 - 2833227

Page

Compensation and Other Financial Arrangements With Your Officers, Directors, Trustees,
Employees, and Independent Contractors (Continued)

d Do you or will you record in writing the decision made by each individual who decided or voted on
compensation arrangements?

GZl

Yes

No

e Do you or will you approve compensation arrangements based on information about compensation paid by
similarly situated taxable or tax-exempt organizations for similar services, current compensation surveys
compiled by independent firms, or actual written offers from similarly situated organizations? Refer to the
instructions for Part V, lines ta, 1b, and tc, for information on what to include as compensation.

GZl

Yes

No

f Do you or will you record in writing both the information on which you relied to base your decision
and its source?

GZl

Yes

No

GZl

Yes

No

Yes

IZI

No

Yes

IZI

No

7a Do you or will you purchase any goods, services, or assets from any of your officers, directors,
trustees, highest compensated employees, or highest compensated independent contractors listed in
lines ta, tb, or 1c? If "Yes," describe any such purchase that you made or intend to make, from
whom you make or will make such purchases, how the terms are or will be negotiated at arm's
length, and explain how you determine or will determine that you pay no more than fair market
value. Attach copies of any written contracts or other agreements relating to such purchases.

Yes

IZI

No

b Do you or will you sell any goods, services, or assets to any of your officers, directors, trustees,
highest compensated employees, or highest compensated independent contractors listed in lines 1a,
tb, or 1c? If "Yes," describe any such sales that you made or intend to make, to whom you make or
will make such sales, how the terms are or will be negotiated at arm's length, and explain how you
determine or will determine you are or will be paid at least fair market value. Attach copies of any
written contracts or other agreements relating to such sales.

Yes

No

8a Do you or will you have any leases, contracts, loans, or other agreements with your officers, directors,
trustees, highest compensated employees, or highest compensated independent contractors listed in
lines ta, tb, or 1c? If "Yes," provide the information requested in lines 8b through 8f.

Yes

No

DYes

No

9 If you answered "No" to any item on lines 4a through 4f, describe how you set compensation that is
reasonable for your officers, directors, trustees, highest compensated employees, and highest
compensated independent contractors listed in Part V, lines 1a, 1b, and 1c.
5a Have you adopted a conflict of interest policy consistent with the sample conflict of interest policy
in Appendix A to the instructions? If "Yes," provide a copy of the policy and explain how the policy
has been adopted, such as by resolution of your goveming board. If "No," answer lines 5b and 5c.
b What procedures will you follow to assure that persons who have a conflict of interest will not have
influence over you for setting their own compensation?
c What procedures will you follow to assure that persons who have a conflict of interest will not have
influence over you regarding business deals with themselves?
Note: A conflict of interest policy is recommended though it is not required to obtain exemption.
Hospitals, see Schedule C, Section I, line 14.

6a Do you or will you compensate any of your officers, directors, trustees, highest compensated employees,
and highest compensated independent contractors listed in lines ta, 1b, or 1c through non-fixed
payments, such as discretionary bonuses or revenue-based payments? If 'Yes," describe all non-fixed
compensation arrangements, inclUding how the amounts are determined, who is eligible for such
arrangements, whether you place a limitation on total compensation, and how you determine or will
determine that you pay no more than reasonable compensation for services. Refer to the instructions for
Part V,lines ta, tb, and tc, for information on what to include as compensation.
b Do you or will you compensate any of your employees, other than your officers, directors, trustees,
or your five highest compensated employees who receive or will receive compensation of more than
$50,000 per year, through non-fixed payments, such as discretionary bonuses or revenue-based
payments? If "Yes," describe all non-fixed compensation arrangements, including how the amounts
are or will be determined, who is or will be eligible for such arrangements, whether you place or will
place a limitation on total compensation, and how you determine or will determine that you pay no
more than reasonable compensation for services. Refer to the instructions for Part V, lines 1a, 1b,
and 1c, for information on what to include as compensation.

b
c
d
e
f

Describe any written or oral arrangements that you made or intend to make.
Identify with whom you have or will have such arrangements.
Explain how the terms are or will be negotiated at arm's length.
Explain how you determine you pay no more than fair marketvalueor you are paid at leastfair marketvalue.
Attach copies of any signed leases, contracts, loans, or other agreements relating to such arrangements.

9a Do you or will you have any leases, contracts, loans, or other agreements with any organization in
which any of your officers, directors, or trustees are also officers, directors, or trustees, or in which
any individual officer, director, or trustee owns more than a 35% interest? If "Yes," provide the
information requested in lines 9b through 9f.

Form

1023

(Rev. 6-2006)

Form 1023 (Rev. 6-2006)

I:BII
b
c
d
e

Name: WEST,

TX FOUNDATION, INC.

EIN:

46 - 2833227

Page

Compensation and Other Financial Arrangements With Your Officers, Directors, Trustees,
Employees, and Independent Contractors (Continued)

Describe any written or oral arrangements you made or intend to make.

Identify with whom you have or will have such arrangements.
Explain how the terms are or will be negotiated at arm's length.
Explain how you determine or will determine you pay no more than fair market value or that you are
paid at least fair market value.

f Attach a copy of any signed leases, contracts, loans, or other agreements relating to such arrangements.

Ii1'IDI

Your Members and Other Individuals and Organizations That Receive Benefits From You

The following "Yes" or "No" questions relate to goods, services, and funds you provide to individuals and organizations as part
of your activities. Your answers should pertain to past, present, and planned activities. (See instructions.)

!Zl

Yes

No

b In carrying out your exempt purposes, do you provide goods, services, or funds to organizations? If
"Yes," describe each program that provides goods, services, or funds to organizations.

!Zl

Yes

No

Do any of your programs limit the provision of goods, services, or funds to a specific individual or
group of specific individuals? For example, answer "Yes," if goods, services, or funds are provided
only for a particular individual, your members, individuals who work for a particular employer, or
graduates of a particular school. If "Yes," explain the limitation and how recipients are selected for
each program.

lZJ

Yes

No

Do any individuals who receive goods, services, or funds through your programs have a family or
business relationship with any officer, director, trustee, or with any of your highest compensated
employees or highest compensated independent contractors listed in Part V, lines 1 a, 1 b, and 1 c? If
"Yes," explain how these related individuals are eligible for goods, services, or funds.

Yes

fZI No

1a In carrying out your exempt purposes, do you provide goods, services, or funds to individuals? If
"Yes," describe each program that provides goods, services, or funds to individuals.

I:DI!m

Your History

The following "Yes" or "No" questions relate to your history. (See instructions.)

Are you a successor to another organization? Answer "Yes," if you have taken or will take over the
activities of another organization; you took over 25% or more of the fair market value of the net
assets of another organization; or you were established upon the conversion of an organization from
for-profit to non-profit status. If "Yes," complete Schedule G.

Yes

!Zl

No

Are you submitting this application more than 27 months after the end of the month in which you
were legally formed? If "Yes," complete Schedule E.

DYes

lZJ

No

Im'!lIl1

Your Specific Activities

The following "Yes" or "No" questions relate to specific activities that you may conduct. Check the appropriate box. Your
answers should pertain to past, present, and planned activities. (See instructions.)
DYes

fZI No

!Zl

Yes

o No

DYes

fZI No

3a Do you or will you operate bingo or gaming activities? If "Yes," describe who conducts them, and
list all revenue received or expected to be received and expenses paid or expected to be paid in
operating these activities. Revenue and expenses should be provided for the time periods specified
in Part IX, Financial Data.

Yes

fZI No

b Do you or will you enter into contracts or other agreements with individuals or organizations to
conduct bingo or gaming for you? If "Yes," describe any written or oral arrangements that you made
or intend to make, identify with whom you have or will have such arrangements, explain how the
terms are or will be negotiated at arm's length, and explain how you determine or will determine you
pay no more than fair market value or you will be paid at least fair market value. Attach copies or
any written contracts or other agreements relating to such arrangements.

Yes

fZI No

Form

1023

Do you support or oppose candidates in political campaigns in any way? If "Yes," explain.

2a Do you attempt to influence legislation? If "Yes," explain how you attempt to influence legislation
and complete line 2b. If "No," go to line 3a.
b Have you made or are you making an election to have your legislative activities measured by
expenditures by filing Form 5768? If "Yes," attach a copy of the Form 5768 that was already filed or
attach a completed Form 5768 that you are filing with this application. If "No," describe whether your
attempts to influence legislation are a substantial part of your activities. Include the time and money
spent on your attempts to influence legislation as compared to your total activities.

c List the states and local jurisdictions, including Indian Reservations, in which you conduct or will
conduct gaming or bingo.
(Rev. 6-2006)

Form 1023 (Rev. 6-2006)

IDI'!mI

Name:

WEST, TX FOUNDATION, INC.

EIN:

46 - 2833227

4a Do you or will you undertake fundraising? If "Yes," check all the fundraising programs you do or will
conduct. (See instructions.)

IZJ
IZJ
IZJ
IZJ

Page

Your Specific Activities (Continued)

mail solicitations
email solicitations
personal solicitations
vehicle, boat, plane, or similar donations
foundation grant solicitations

IZJ
IZJ
IZJ
IZJ

IZJ

Yes

No

phone solicitations
accept donations on your website
receive donations from another organization's website
government grant solicitations
Other

Attach a description of each fundraising program.

b Do you or will you have written or oral contracts with any individuals or organizations to raise funds
for you? If "Yes," describe these activities. Include all revenue and expenses from these activities
and state who conducts them. Revenue and expenses should be provided for the time periods
specified in Part IX, Financial Data. Also, attach a copy of any contracts or agreements.

DYes

IZJ

No

c Do you or will you engage in fundraising activities for other organizations? If "Yes," describe these
arrangements. Include a description of the organizations for which you raise funds and attach copies
of all contracts or agreements.

Yes

IZJ

No

DYes

!ZJ

No

IZI
IZI

d List all states and local jurisdictions in which you conduct fundraising. For each state or local
jurisdiction listed, specify whether you fundraise for your own organization, you fundraise for another
organization, or another organization fundraises for you.
e Do you or will you maintain separate accounts for any contributor under which the contributor has
the right to advise on the use or distribution of funds? Answer "Yes" if the donor may provide advice
on the types of investments, distributions from the types of investments, or the distribution from the
donor's contribution account. If "Yes," describe this program, including the type of advice that may
be provided and submit copies of any written materials provided to donors.

Are you affiliated with a governmental unit? If "Yes," explain.

6a Do you or will you engage in economic development? If "Yes," describe your program.
b Describe in full who benefits from your economic development activities and how the activities
promote exempt purposes.

Yes
Yes

D No
No

DYes

[lJNo

DYes

[lJ No

Do you or will you enter into joint ventures, Including partnerships or limited liability companies
treated as partnerships, in which you share profits and losses with partners other than section
501 (c)(3) organizations? If "Yes," describe the activities of these joint ventures in which you
participate.

DYes

[lJ No

9a Are you applying for exemption as a childcare organization under section 501 (k)? If "Yes," answer
lines 9b through 9d. If "No," go to line 10.

DYes

III

No

b Do you provide child care so that parents or caretakers of children you care for can be gainfully
employed (see instructions)? If "No," explain how you qualify as a childcare organization described
in section 501 (k).

DYes

No

c Of the children for whom you provide child care, are 85% or more of them cared for by you to
enable their parents or caretakers to be gainfUlly employed (see instructions)? If "No," explain how
you qualify as a childcare organization described in section 501 (k).

DYes

No

d Are your services available to the general public? If "No," describe the specific group of people for
whom your activities are available. Also, see the instructions and explain how you qualify as a
childcare organization described in section 501 (k).

DYes

No

DYes

[lJ No

7a Do or will persons other than your employees or volunteers develop your facilities? If "Yes," describe
each facility, the role of the developer, and any business or family relationship(s) between the
developer and your officers, directors, or trustees.
b Do or will persons other than your employees or volunteers manage your activities or facilities? If
"Yes," describe each activity and facility, the role of the manager, and any business or family
relationship(s) between the manager and your officers, directors, or trustees.

c If there is a business or family relationship between any manager or developer and your officers,
directors, or trustees, identify the individuals, explain the relationship, describe how contracts are
negotiated at arm's length so that you pay no more than fair market value, and submit a copy of any
contracts or other agreements.

10

Do you or will you publish, own, or have rights in music, literature, tapes, artworks, choreography,
scientific discoveries, or other intellectual property? If "Yes," explain. Describe who owns or will
own any copyrights, patents, or trademarks, whether fees are or will be charged, how the fees are
determined, and how any items are or will be produced, distributed, and marketed.

Form

1023

(Rev. 6-2006)

Form 1023 (Rev. 6-2006)

rmtmm

Name: WEST, TX FOUNDATION, INC.

EIN:

46 - 2833227

Page

Your Specific Activities (Continued)

[Z]

Yes

No

Yes

[Z]

No

es

[Z]

No

DYes

No

DYes
DYes

o
o

No
No

DYes

[Z]

No

c Does any foreign organization listed in line 14b accept contributions earmarked for a specific country
or specific organization? If "Yes," list all earmarked organizations or countries.

DYes

No

d Do your contributors know that you have ultimate authority to use contributions made to you at your
discretion for purposes consistent with your exempt purposes? If "es," describe how you relay this
information to contributors.

DYes

No

e Do you or will you make pre-grant inquiries about the recipient organization? If "Yes," describe these
inquiries, including whether you inquire about the recipient's financial status, its tax-exempt status
under the Internal Revenue Code, its ability to accomplish the purpose for which the resources are
provided, and other relevant information.

DYes

No

DYes

No

11

Do you or will you accept contributions of: real property; conservation easements; closely held
securities; intellectual property such as patents, trademarks, and copyrights; works of music or art;
licenses; royalties; automobiles, boats, planes, or other vehicles; or collectibles of any type? If "Yes,"
describe each type of contribution, any conditions imposed by the donor on the contribution, and
any agreements with the donor regarding the contribution.

12a Do you or will you operate in a foreign country or countries? If "Yes," answer lines 12b through
12d. If "No," go to line 13a.
b Name the foreign countries and regions within the countries in which you operate.
c Describe your operations in each country and region in which you operate.
d Describe how your operations in each country and region further your exempt purposes.
13a Do you or will you make grants, loans, or other distributions to organization(s)? If "Yes," answer lines
13b through 13g. If "No," go to line 14a.
b
c
d
e
f

Describe how your grants, loans, or other distributions to organizations further your exempt purposes.
Do you have written contracts with each of these organizations? If "Yes," attach a copy of each contract.
Identify each recipient organization and any relationship between you and the recipient organization.
Describe the records you keep with respect to the grants, loans, or other distributions you make.
Describe your selection process, including whether you do any of the following:
(i) Do you require an application form? If "es," attach a copy of the form.
(ii) Do you require a grant proposal? If "Yes," describe whether the grant proposal specifies your
responsibilities and those of the grantee, obligates the grantee to use the grant funds only for the
purposes for which the grant was made, provides for periodic written reports concerning the use
of grant funds, requires a final written report and an accounting of how grant funds were used,
and acknowledges your authority to withhold and/or recover grant funds in case such funds are,
or appear to be, misused.
9 Describe your procedures for oversight of distributions that assure you the resources are used to
further your exempt purposes, including whether you require periodic and final reports on the use of
resources.
14a Do you or will you make grants, loans, or other distributions to foreign organizations? If "Yes,"
answer lines 14b through 14f. If "No," go to line 15.
b Provide the name of each foreign organization, the country and regions within a country in which
each foreign organization operates, and describe any relationship you have with each foreign
organization.

Do you or will you use any additional procedures to ensure that your distributions to foreign
organizations are used in furtherance of your exempt purposes? If "Yes," describe these procedures,
including site visits by your employees or compliance checks by impartial experts, to verify that grant
funds are being used appropriately.

Form

1023

(Rev.62006)

Form 1023 (Rev. 6-2006)

6mII1JD

Name:

WEST, TX FOUNDATION, INC.

EIN:

46 - 2833227

Page

Your Specific Activities (Continued)

15

Do you have a close connection with any organizations? If "Yes," explain.

DYes

16

Are you applying for exemption as a cooperative hospital service organization under section
501(e)? If "Yes," explain.

Yes

IZl
IZl

No

17

Are you applying for exemption as a cooperative service organization of operating educational
organizations under section 501(f}? If "Yes," explain.
Are you applying for exemption as a charitable risk pool under section 501(n)? If "Yes," explain.

Yes

IZl

No

0
0

Yes
Yes

IZl
IZl

No

18
19
20

Do you or will you operate a school? If "Yes," complete Schedule B. Answer "Yes," whether you
operate a school as your main function or as a secondary activity.
Is your main function to provide hospital or medical care? If "Yes," complete Schedule C.

0
0

21

Do you or will you provide low-income housing or housing for the elderly or handicapped? If
"Yes," complete Schedule F.

22

Do you or will you provide scholarships, fellowships, educational loans, or other educational grants to
individuals, including grants for travel, study, or other similar purposes? If "Yes," complete
Schedule H.
Note: Private foundations may use Schedule H to request advance approval of individual grant
procedures.

No

No

No

Yes

IZl
IZl

DYes

IZl

No

Form

Yes

1023

No

(Rev. 6-2006)

Form 1023 (Rev. 62006)

1mB

Name: WEST,

TX FOUNDATION, INC.

EIN:

46 - 2833227

Page

Financial Data

For purposes of this schedule, years in existence refer to completed tax years. If in existence 4 or more years, complete the
schedule for the most recent 4 tax years. If in existence more than 1 year but less than 4 years, complete the statements for
each year in existence and provide projections of your likely revenues and expenses based on a reasonable and good faith
estimate of your future finances for a total of 3 years of financial information. If in existence less than 1 year, provide projections
of your likely revenues and expenses for the current year and the 2 following years, based on a reasonable and good faith
estimate of your future finances for a total of 3 years of financial information. (See instructions.)
A. Statement of Revenues and Expenses
Type of revenue or expense

Current tax year

lal
1

Gifts, grants, and

contributions received (do not
include unusual grants)

2
3
4

Membershi fees received

Gross investment income
Net unrelated business
income
Taxes levied for our benefit

5
6
III
CIl

::3

c:

CIl

Value of services or facilities

furnished by a governmental
unit without charge (not
including the value of services
generally furnished to the
public without charge)

(e) Provide Total for

From : :
To

J~.~U.~

(a) through (d)

2,000,000

1,500,000

1,000,000

4,500,000

100

500

5,000

5,600

3,000

6,000

6,000

15,000

2,003,100

1,506,500

1,011,000

4,520,600

2,003,100

1,506,500

1,011,000

4,520,600

2,003,100
10,000

1,506,500
10,000

1,011,000
10,000

500,000

250,000

250,000

ail--.!:..::=-:.....:..~:.:..:.:.:...:.~:.::::..::.!.-_---j---_..::.!.::.::.:=+------==::..::..I---_-::2.::.;:.=+------+----..:..::.;=..::...

a: 7 Any revenue not otherwise

listed above or in lines 9-12

below (attach an itemized list)

Total of lines 1 throu h 7

Gross receipts from admissions,

merchandisesold or services
performed, or furnishing of
facilities in any activity that is
related to your exempt
purposes (attach itemized list)
Total of lines 8 and 9
Net gain or loss on sale of
capital assets (attach
schedule and see instructions)

10
11

12
13
14

III

Unusual rants
Total Revenue
Add lines 10 through 12
Fundraisin ex enses

15

Contributions, gifts, grants,

and similar amounts paid out
(attach an itemized list)

16

Disbursements to or for the

benefit of members (attach an
itemized list)

17

Compensation of officers,

directors, and trustees

32,500
65,000
65,000
5i51 1-1-8----------:...---------l----~c.:..:..=+----:...::~:..:..t------~c:...:..t------

a.

19
20
21
22

Other salaries and wa es

Interest ex ense
Occu anc rent, utilities, etc.
De reciation and de letion
Professional fees

23

Any expense not otherwise

classified, such as program
services (attach itemized list)

1,000,000

1,000,000

750,000

24

Total Expenses
Add lines 14 through 23

1,542,500

1,325,000

1,075,000
Form

1023

(Rev. 62006)

..

Form 1023 (Rev 6-2006)

Name'

WEST, TX FOUNDATION, INC.

EIN'

46 - 2833227

B. Balance Sheet (for your most recently completed tax year)

5
6
7
8

9
10
11
12
13
14
15
16
17
18

19

10

6
7
8

2013
(Whole dollars)
0
0
0
0
0
0
0
0

9
10

Year End:

Assets

1
2
3
4

Page

Financial Data (Continued)

Cash.
Accounts receivable, net
Inventories .
Bonds and notes receivable (attach an itemized list)
Corporate stocks (attach an itemized list)
Loans receivable (attach an itemized list) .
Other investments (attach an itemized list)
Depreciable and depletable assets (attach an itemized list) .
Land
Other assets (attach an itemized list)
Total Assets (add lines 1 through 10) .
Liabilities
Accounts payable
Contributions, gifts, grants, etc. payable
Mortgages and notes payable (attach an itemized list)
Other liabilities (attach an itemized list)
Total Liabilities (add lines 12 through 15)
Fund Balances or Net Assets
Total fund balances or net assets
Total Liabilities and Fund Balances or Net Assets (add lines 16 and 17)
Have there been any substantial changes in your assets or liabilities since the end of the period
shown above? If "Yes," explain.

mmD

1
2
3
4

11
0
0
0
0

12
13
14
15
16

17
18

0
0

Yes

IZI

No

Public Charity Status

Part X is designed to classify you as an organization that is either a private foundation or a public charity. Public charity status
is a more favorable tax status than private foundation status. If you are a private foundation, Part X is designed to further
determine whether you are a private operating foundation. (See instructions.)
1a Are you a private foundation? If "Yes," go to line 1b. If "No," go to line 5 and proceed as instructed.
If you are unsure, see the instructions.

Yes

IZI

No

b As a private foundation, section 508{e) requires special provisions in your organizing document in
addition to those that apply to all organizations described in section 501(c)(3). Check the box to
confirm that your organizing document meets this requirement, whether by express provision or by
reliance on operation of state law. Attach a statement that describes specifically where your
organizing document meets this requirement, such as a reference to a particular article or section in
your organizing document or by operation of state law. See the instructions, including Appendix B,
for information about the special provisions that need to be contained in your organizing document.
Go to line 2.

Are you a private operating foundation? To be a private operating foundation you must engage
directly in the active conduct of charitable, religious, educational, and similar activities, as opposed
to indirectly carrying out these activities by provldinq grants to individuals or other organizations. If
"Yes," go to line 3. If "No," go to the signature section of Part XI.

Yes

Have you existed for one or more years? If "Yes," attach financial information showinq that you are a private
operating foundation; go to the signature section of Part XI. If "No," continue to line 4.

Yes

Have you attached either (1) an affidavit or opinion of counsel, (including a written affidavit or opinion
from a certified public accountant or accounting firm with expertise regarding this tax law matter),
that sets forth facts concerning your operations and support to demonstrate that you are likely to
satisfy the requirements to be classified as a private operating foundation; or (2) a statement
describing your proposed operations as a private operating foundation?

Yes

If you answered "No" to line 1a, indicate the type of public charity status you are requesting by checking one of the choices below.
You may check only one box.

The organization is not a private foundation because it is:

a 509(a)(1) and 170(b)(1)(A){i)-a church or a convention or association of churches. Complete and attach Schedule A.
b 509{a){1) and 170{b)(1)(A)(iij-a school. Complete and attach Schedule B.
c 509(a)(1) and 170(b)(1)(A){iii)-a hospital, a cooperative hospital service organization, or a medical research
organization operated in conjunction with a hospital. Complete and attach Schedule C.
d 509(a){3)-an organization supporting either one or more organizations described in line 5a through c. f, g, or h
or a publicly supported section 501(c)(4), (5), or (6) organization. Complete and attach Schedule D.
Form

1023

o
o

No

No
No

0
0
0
0
(Rev, 62006)

Form 1023 (Rev. 6-2006)

Name: WEST,

TX FOUNDATION, INC.

EIN:

46 _ 2833227

Page

11

Public Charity Status (Continued)

o
o

e 509(a)(4)-an organization organized and operated exclusively for testing for public safety.
f 509(a)(1) and 170(b)(1)(A)(iv)-an organization operated for the benefit of a college or university that is owned or
operated by a governmental unit.
g 509(a)(1) and 170(b)(1)(A)(vi)-an organization that receives a substantial part of its financial support in the form
of contributions from publicly supported organizations, from a governmental unit, or from the general public.

h 509(a)(2)-an organization that normally receives not more than one-third of its financial support from gross
investment income and receives more than one-third of its financial support from contributions, membership
fees, and gross receipts from activities related to its exempt functions (subject to certain exceptions).
A publicly supported organization, but unsure if it is described in 5g or 5h. The organization would like the IRS to
decide the correct status.

If you checked box g, h, or i in question 5 above, you must request either an advance or a definitive ruling by
selecting one of the boxes below. Refer to the instructions to determine which type of ruling you are eligible to receive.

a Request for Advance Ruling: By checking this box and signing the consent, pursuant to section 6501(c)(4) of
the Code you request an advance ruling and agree to extend the statute of limitations on the assessment of
excise tax under section 4940 of the Code. The tax will apply only if you do not establish public support status
at the end of the 5-year advance ruling period. The assessment period will be extended for the 5 advance ruling
years to 8 years, 4 months, and 15 days beyond the end of the first year. You have the right to refuse or limit
the extension to a mutually agreed-upon period of time or issue(s). Publication 1035, Extending the Tax
Assessment Period, provides a more detailed explanation of your rights and the consequences of the choices
you make. You may obtain Publication 1035 free of charge from the IRS web site at www.irs.gov or by calling
toll-free 1-800-829-3676. Signing this consent will not deprive you of any appeal rights to which you would
otherwise be entitled. If you decide not to extend the statute of limitations, you are not eligible for an advance
ruling.

Consent Fixing Period of Limitations Upon Assessment of Tax Under Section 4940 of .thelntemal Revenue Code

For Organization

{Signature of Officer. Director, Trustee, or other

authorized officiaQ

(Type or print name of signer)

(Date)

(Type or print title or authority of signer)

For IRS Use Only

iRS Di~ecior: -EXeriipiorri1inizaiioiiii -.------------------------------------------------------------------------' (Dale)------.----- ----_.b Request for Definitive Ruling: Check this box if you have completed one tax year of at least 8 full months and

you are requesting a definitive ruling. To confirm your public support status, answer line 6b(i) if you checked box
g in line 5 above. Answer line 6b(ii) if you checked box h in line 5 above. If you checked box i in line 5 above,
answer both lines 6b(i) and (ii).
(i) (a) Enter 2% of line 8, column (e) on Part IX-A. Statement of Revenues and Expenses.
(b) Attach a list showing the name and amount contributed by each person, company, or organization whose
gifts totaled more than the 2% amount. If the answer is "None," check this box.

(Ii) (a) For each year amounts are included on lines 1, 2, and 9 of Part IX-A. Statement of Revenues and
Expenses, attach a list showing the name of and amount received from each disqualified person. If the
answer is "None," check this box.

(b) For each year amounts are included on line 9 of Part IX-A. Statement of Revenues and Expenses, attach
a list showing the name of and amount received from each payer, other than a disqualified person, whose
payments were more than the larger of (1) 1% of line 10, Part IX-A. Statement of Revenues and
Expenses, or (2) $5,000. If the answer is "None," check this box.

Did you receive any unusual grants during any of the years shown on Part IX-A. Statement of
Revenues and Expenses? If "Yes," attach a list including the name of the contributor, the date and
amount of the grant, a brief description of the grant, and explain why it is unusual.

DYes

Form

1023

o
IZl

No

{Rev. 6-2006)

Name: WEST, TX FOUNDATION, INC.

Form 1023 (Rev. 6-2006)

IDDI

EIN:

46 - 2833227

Page 12

User Fee Information

You must include a user fee payment with this application. It will not be processed without your paid user fee. If your average
annual gross receipts have exceeded or will exceed $10,000 annually over a 4-year period, you must submit payment of $850. If
your gross receipts have not exceeded or will not exceed $10,000 annually over a 4-year period, the required user fee payment
is $300. See instructions for Part XI, for a definition of gross receipts over a 4-year period. Your check or money order must be
made payable to the United States Treasury. User fees are subject to change. Check our website at www.irs.gov and type "User
Fee" in the keyword box, or call Customer Account Services at 1-877-829-5500 for current information.

2
3

Have your annual gross receipts averaged or are they expected to average not more than $10,000?
If "Yes," check the box on line 2 and enclose a user fee payment of $300 (Subject to change-see above).
If "No," check the box on line 3 and enclose a user fee payment of $850 (Subject to change-see above).
Check the box if you have enclosed the reduced user fee payment of $300 (Subject to change).
Check the box if you hal(e enclosed the user fee payment of $850 (SUbject to change).

I declare under the pe

application, inclUding

Please
Sign
Here

r"

DYes

IZJ

No

!ZJ

1 at I am authorized to

sign this application on behalf of the above organization and that I have examined this
schedules and attachments, and to the best of my knowledge it is true, correct, and complete.

MARK C. HOBBS
(Type or print name of signer)

_.p.-?:~_Llj

(Date)

ATTORNEY
(Type or print title or authority of signer)

Reminder: Send the completed Form 1023 Checklist with your filled-in-application.

Form

1023

(Rev.6-2006)

."""

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!Secretary of S t a t e " " ,

Filed in the Office of the

Secretary of State of Texas
Filing #: 801787948 0512112013
Document #: 482023090002
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for Web Filing

[P.O. Box1 3 6 9 7 ; ; ' :

[Austin, TX 78711-3697
(FAX: 512/463-5709

Certificate of Formation
Nonprofit Corporation

!Filing Fee: $25

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lThe filing entity formecfisa-nonprofiTcorporation. The 'name ofthe entity is :

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rnA. The iniiialreglstered ageniis an organization (cannot be corporatiC)nnamedabove)byihe name of:

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The initial registered agent is an individual resident of the state whose name is set forth below:
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!218 N. Main Street

West TX 76691

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I~B.Thecof1seni()ftheregisteredagef1tismaintail1edIJY-theentiiY:

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C A. Management of the affairs of the corporation is to be vested solely in the members of the corporation.
OR

M B. Management of the affairs of the corporation is to be vested in its board of directors. The number of directors,
which must be a minimum of three, that constitutes the initial board of directors and the names and addresses of the
persons who are to serve as directors until the first annual meeting or until their successors are elected and qualified
are set forth below.
'D;r~etor 1: Mrs. Tiff'c"a"n"y"" .. B:: o I'.t. o
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Director

--Waco..Tx;-DSA'''767fi''

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iAddress:2150 HejlLane

West TX, USA 76691

i[)i~~~;~r3:br.Charfes Matthews
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Aquilla TX, USA 76622

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C A. The corporation will have members.

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B. The corporation will not have members .

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,The corporation is organized for the follOWing purpose or purposes:

jPURPOSES

15.1 The purpose or purposes for which the nonprofit corporation is organized

:are f(irihe'iransa"Ction'of any'or"alfiaWfu,"buslness"wl1iChcorporatio'ns'"may

iengage in under the laws of Texas, as authorized by chapters 2 and 22 of the
!Texas Business Organizations Code including but not limited to the following:
la. Without limiting the generality of the foregoing, the corporation shall
!utilize its funds to provide for the recovery of the community of West, Texas,
whlch suffered severe devastation as the result of a fertilizer plant explosion
ion April 17, 2013. Funds may be utilized for the planning, repair, rebuilding
land improvement of housing and infrastructure of the community, as well as the
icare and financial assistance of the first responders and their families and
others who perished, those who were injured or suffered damages as a result of
the explosion.
la. To carry on any nonprofit business or any other legal or lawful
!activity that the Board of Directors may decide.
lb. To acquire, own, use, convey, and otherwise dispose of and deal in
ireal property or any interest therein.
ic. To do such other things as are incidental to the foregoing or
desirable in order to accomplish the purpose for which the corporation was
formed.
f

(d. To have and exercise all rights and powers that are now or may
hereatter be granted to a corporation by law.
Ie. Receive and maintain a fund or funds of real or personal property, or
jboth, and, subject to the restrictions and limitations herein set forth, to use
land apply the whole or any part of the income therefrom and the principal
!thereof exclusively for charitable, religious, scientific, literary, or
ieducational purposes either directly or by contributions to organizations that
Iqualify as exempt organizations under the Internal Revenue Code and its
!Regulations as they now exist or as they may be amended.

f. No part of the net earnings of the corporation shall inure to the

ibenefit of any director of the corporation, officer of the corporation, or any
!private individual (except that reasonable compensation may be paid for services
(rendered to or for the corporation affecting one or more of its purposes), and
no director or officer of the corporation, or any private individual shall be
!entitled to share in the distribution of any of the corporate assets on
(dissolution of the corporation. No substantial part of the activities of the
[corporation shall be carrying on of propaganda, or otherwise attempting to
(influence legislation, and the corporation shall not participate in, or
intervene in (including the publication or distribution of statements) any
[political campaign on behalf of any candidate for public office.
:g. The corporation shall distribute its income for each taxable year at
isuch time and in such manner as not to become subject to tax on undistributed
mcome imposed by applicable provisions of the Internal Revenue Code or
(corresponding provisions of any subsequent federal tax laws.
i

ih~-fhe-corporation--shafi--noi'erigage-iri'anyactof'se'if=deaIIng"as'defined"'"
lin the Internal Revenue Code or corresponding provisions of any subsequent
provlsions of any subsequent federal tax laws.

Ii. The corporation shall not retain any excess business holdings as
!defined in the Internal Revenue Code or corresponding provisions of any
:subsequent federal tax laws.
1

j. The corporation shall not make any investments in such manner as to

subject the corporation to tax per the requirements of the Internal Revenue Code
lor corresponding provisions of any subsequent federal tax laws.
ik. The corporation shall not make any taxable expenditures as defined in
ithe Internal Revenue Code or corresponding provisions of any subsequent federal
~ax laws.

:1. Notwithstanding any other provision of this certificate of

~ormation/articlesof incorporation, the corporation shall not conduct or carry

ion any activities not permitted to be conducted or carried on by an
!organizationexempt from taxation of the Internal Revenue Code and its
IRegulations as they now exist or as they may be amended.

m, Upon dissolution of the corporation or the winding up of its affairs,

ithe assets of the corporation shall be distributed exclusively to charitable,
!religious, scientific, testing for public safety, literary, or educational
[organizations which would then qualify under the provisions of the Internal
!Revenue Code and its Regulations as they now exist or as they may hereafter be
!amended.

15.2 The foregoing shall be construed as objects, purposes, and powers, and
!enumeration thereof shall not be held to limit or restrict in any manner the
!powers hereafter conferred on this corporation by the laws of the State of
iTexas.
,
!5.3 The corporation may in its byiaws confer powers, not in conflict with
!Iaw, upon its directors in addition to the foregoing and in addition to the
powers and authorities expressly conferred upon them by statute.
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:6.1 The period its duration is perpetual.

;7. EARNINGS
:7.1 No part of the net earnings of the non-profit corporation shall inure to
~he benefit of or be distributed to its members, trustees, directors, officers,
lor other private persons with the exception that the corporation is empowered to
pay necessary and reasonable compensation and expenses for services rendered
land to make payments and distributions in furtherance of the corporation's

(purposes.
17.2 The corporation's primary purpose shall not be for the promotion of
'propaganda including, but not limited to, lobbying or influencing legislation,
but the corporation may engage in legislative activities to the extent permitted
:by law. Furthermore, the corporation shall not engage in activities which are
idisallowed under the Internal Revenue Code and its regulations as they now exist
lor may be hereinafter amended.
)7.3 The corporation is a non- profit corporation and does not contemplate
!pecuniary gain or profit and is organized solely for non-profit purposes.

17.4

Upon the dissolution of the corporation or the winding up of its affairs,

[the assets of the corporation shall be distributed to another non-profit
(organization engaged in similar activities and with similar purposes after all
!liabilities and obligations have been paid in full and are discharged and all
[assets subject to a condition upon transfer are conveyed according to said
[condition.
,
[8. INDEMNIFICATION

18.1 The corporation shall indemnify every director or officer, his or her
!heirs, executors and administrators, against expenses actually and reasonably
!incurred by him or her, as well as any amount paid upon a judgment, in
connection with any action, suit, or proceeding, civil or criminal, to which he
lor she may be made a party to by reason of having been a director or officer of
ithe corporation.

18.2 This indemnification is being given since the directors will be requested
ito act by the corporation, for the corporation's benefit.
:8.3 The indemnification shall not be exclusive of other rights to which the
idirector may be entitled.

[S. DISSOLUTION: MANNER OF DISTRIBUTION OF ASSETS

IS.1 Upon dissolution, the non-profit corporation is authorized to distribute

[its assets in the manner set forth as follows provided the distribution complies
/with section 22.304 of the' Texas Business Organizations Code, which provides
jthat subsequent to the payment of any outstanding indebtedness of the
[corporation, that a distribution, of the remaining assets shall be made to a
isimilar non-profit entity, either by the members of the board of directors, or
~ailing that, an order of the district court in which the principle office of
ithe corporation is located.
1

'[The attached addendum, if any, is incorporated herein by reference.]

jExecuted Form 50S Consent to Use of Similar Name.pdf

imW4.t:tiibJill_

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'R")(:'YhTs"cJ"o"cumeni"becomeseffeCiive'wher)""the'(j"o'cumeili-Tsfiiecjbythesecretary-of"state:__

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_ ,

OR
!hS.Thfsdocument becomes effective at a later date, which is not more than ninety (90) days from the date of its
;Signing. The delayed effective date is:
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fhe-n~lmean(faddressorihe

iRichard M. Anderson

. _....Organizer

. orgarifzeraresetforthbeiow:

,.

211 West Austin Street, Marshall, TX 75670

Execution

jrhe underslgned"eiffirmst'hat the person designi:liedas registeredagent hascollsellted to the appointment. The
undersigned signs this document subject to the penalties imposed by law for the submission of a materially false or
Wraudulent instrument and certifies under penalty of perjury that the undersigned is authorized under the provisions of
jlaw governing the entity to execute the filing instrument.
.

fRIchara--t\iLArl'ders-or.._.
!Signalure of organizer.

FILING OFFICE COPY

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Form 509
(Revised 12/10)

Submit with relevant filing

instrument.

Consent to Use
of Similar Name
Filin Fee: None

(1) WEST TEXAS FOUNDAnON FOR SURGICAL RESEARCH AND EDUCATION, INC.
Name ofthe entity or individualwho holds the existingname onfile with the secretary ofstate

consents to the use of

(2) West, TX. Foundation, INC.
Proposedname

as the name of a filing entity or foreign filing entity in Texas for the purpose of submitting a filing
instrument to the secretary of state. This consent does not authorize the use of the similar name in
violation ofa right of another under the Trademark Act of 1946, as amended (15 U.S.C. Section
1051 et seq.); Chapter 16 or 71, Business & Commerce Code; or common law.
(3)

Date:

The undersigned certifies to being authorized by the holder of the existing name to give this
consent. The undersigned signs this document subject to the penalties imposed by law for the
submission of a materially false or fraudulent instrument.

May 21 ,2013
By:

WEST TEXAS FOUNDATION FOR SURGICAL RESEAR

Name of existing entity, if any (type or print)

148345700
IJ!.e/numberof existing entity, if any

~<M1)~~~
Signature of Authorized Person

Dr. Howard A. Tobin

Name of Authorized Person (type or print)
Medical Director
Title of Authorized Person, if any (type or print)

Fonn509

CERTIFICATE OF AMENDMENT TO THE

CERTIFICATE OF FORMATION OF
WEST, TX. FOUNDATION, INC.
A NONPROFIT CORPORATION
This certificate of amendment is submitted for filing pursuant to the applicable provisions of
the Texas Business Organizations Code.

Article I - Entity Name and Type

The name of the entity as currently shown in the records of the secretary of state and the
type of filing entity are: West, TX. Foundation, Inc., a Texas nonprofit corporation (hereinafter
"Corporation"). The Corporation's date of formation is May 21,2013, and its assigned file number
is 801787948.

Article II - Amendments to Certificate of Formation

Set forth below is an identification by reference or description of each added, altered, or
deleted provision:
Article 5 of the certificate of formation is hereby amended and restated in its entirety as
follows:

Article 5 - Purpose
5.1 The Corporation is organized and shall at all times be operated exclusively for
charitable, religious, scientific, literary or educational purposes within the meaning of
Section 501(c)(3) of the Internal Revenue Code of 1986 as amended (the "Code"),
and applicable provisions of the Texas Tax Code. Without limiting the generality of
the foregoing, the activities of the Corporation shall include lessening the burdens of
government of the City of West and assisting those affected by the explosion that
occurred on April 17, 2013, and related events, and other disasters which may occur
in the future. The assets and properties of the Corporation are hereby pledged for
use in performing its exempt functions.
5.2 No part of the net earnings of the corporation shall inure to the benefit of any
director of the corporation, officer of the corporation, or any private individual
(except that reasonable compensation may be paid for services rendered to or for the
corporation affecting one or more of its purposes), and no director or officer of the
corporation, or any private individual shall be entitled to share in the distribution of
any of the corporate assets on dissolution of the corporation. No substantial part of
the activities of the corporation shall be carrying on of propaganda, or otherwise
attempting to influence legislation, and the corporation shall not participate in, or
intervene in (including the publication or distribution of statements) any political
campaign on behalf of any candidate for public office.

5.3 It is not intended that the Corporation be a private foundation as defined in

Section 509(a) of the Code. However, notwithstanding any other provision of this
Certificate of Fonnation or the Bylaws, in the event the Corporation is recognized as
a private foundation, then (a) the Corporation shall be required to distribute its
income for such taxable year at such time and in such manner as not to subject the
foundation to taxation under Section 4942 of the Code and (b) the Corporation shall
be expressly prohibited from engaging in any act of self-dealing as defined in Section
4941(d) of the Code, from retaining any excess business holdings as defined by
Section 4943(c) of the Code, from making any investments in such manner as to
incur tax liability under Section 4944 of the Code, and from making any taxable
expenditures as defined in Section 4945(d) of the Code.
SA Notwithstanding any other provision of this certificate of formation, the
corporation shall not conduct or carry on any activities not permitted to be
conducted or carried on by an organization exempt from taxation of the Internal
Revenue Code and its Regulations as they now exist or as they may be amended.

Article III - Approval of Amendments

This filing amending the certificate of formation has been approved in the manner required
by the Code and by the governing documents of the Corporation.
Article IV - Effective Date of Filing
This certificate of formation becomes effective when the document is filed by the secretary
of state.
Article V - Execution
The undersigned signs this document subject to the penalties imposed by law for the
submission of a materially false or fraudulent instrument and certifies under penalty of perjury that
the undersigned is authorized under the provisions of law governing the entity to execute the filing
instrument.
Date:

May 1:...S....., 2013

West, 'IX Foundation, Inc.

By~d-~Dr. Charles Matthews, President

John Steen

Corporations Section
P.O.Box 13697
Austin, Texas 78711-3697

Secretary of State

Office of the Secretary of State

CERTIFICATE OF FILING
OF
West, TX. Foundation, INC.
801787948

The undersigned, as Secretary of State of Texas, hereby certifies that a Certificate of Amendment for the
above named entity has been received in this office and has been found to conform to the applicable
provisions ofJaw.
ACCORDINGLY, the undersigned, as Secretary of State, and by virtue of the authority vested in the
secretary by law, hereby issues this certificate evidencing filing effective on the date shown below.

Dated: 05/29/2013
Effective: 05/29/2013

John Steen
Secretary of State

Come visit us 0/1 the internet at http.r/www.sos.state.tx.us/

Phone: (512) 463-5555
Prepared by: Debbie Gustafson

Fax: (512) 463-5709

TiD: 10303

Dial: 7-1-1 for Relay Services

Document: 483147670002

BYLAWS
OF
WEST,TX FOUNDATION, INC
ARTICLE I - OFFICES
1.

REGISTERED OFFICE AND AGENT

The registered office and registered agent of the Corporation shall be as set forth in the
Corporation's Certificate of Formation. The registered office or the registered agent may be
changed by resolution of the Board of Directors, upon making the appropriate filing with the
Secretary of State.

2.

PRINQPAL OFFICE

The principal office of the Corporation shall be at 218 North Main, West, Texas 76691,
provided that the Board'of Directors shall have the power to change the location of the principal
office.

3.

OTHER OFFICES

The Corporation may also have other offices at such places, within or without the State of
Texas, as the Board of Directors may designate, or as the business of the Corporation mayrequire
or as may be desirable.

ARTICLE II - DlRECfORS
1.

BOARD OF DIRECfORS

To the extent not limited or prohibited by law, the Certificate of Formation or these
Bylaws, the powers of the Corporation shall be exercised by or under the authority of, and the
business and affairs of the Corporation shall be managed under the direction of the Board of
Directors of the Corporation. Directors need not be residents of the State of Texas or members of
the Corporation unless the Certificate of Formation or these Bylaws so require.

2.

NUMBER AND ELECTION OF DIRECTORS

The number of initial directors shall be three (3). The Executive Director as well as the
Mayor Pro Tern of the City of West shall serve as non-voting, ex-officio members of the Board.
The number of directors may be increased or decreased from time to time by an amendment to
these Bylaws or resolution adopted by the Board of Directors, provided that the number of
directors may not be decreased to fewer than three (3). No decrease in the number of Directors
shall have the effect of shortening the term of any incumbent director.

Each director shallserve a term of three (3) years, or until said director's successor shall
have been elected, appointed, or designated and qualified Electionof directors shalltake place at
.
the annual meetingof the Board of Directors.

3.

REMOVAL

A director may be removedfrom office, with or withoutcause, by the persons entitled to

elect, designate, or appoint the director. If the director was elected to office, removal requires an
affinnative vote equal to the vote necessaryto electthe director. Failure to attend at least 75% of
the meetings of the Board of Directors in anyone calendaryearshallconstitute cause for removal.

4.

RESIGNATION

A director may resign by providingwritten notice of such resignation to the Corporation.

The resignation shall be effective upon the date of receipt of the notice of resignation or the date
specified in such notice. Acceptance of the resignation shall not be required to make the
resignation effective.

5.

VACANCIES AND INCREASE IN NUMBER OF DIRECTORS

Anyvacancyoccurring in the Board of Directors shallbe filled by the affirmative vote of a

majority of the remaining directors though less than a quorum of the Board of Directors. A
director elected to fill a vacancy shall be electedfor the unexpired term of the previous director.
Any directorshipto be filled by reason of an increase in the number of directors shall be filled by
election at an annual meeting or at a special meeting of the Board of Directors called for that
purpose.

6.

ANNUAL MEETING OF DIRECTORS

The annual meeting of the Board of Directors shallbe held at such time and place as shall
be determined by the Board of Directors of the Corporation and communicatedto all directors.
At the annualmeeting, the Board of Directors shallelect officers and transact such other business
as shall come before the meeting. The time and place of the annual meeting of the Board of
Directors may be changed by resolution of the Board of Directors.
Failure to hold the annual meeting at the designated time shall not work a dissolution of
the Corporation. In the event the Board of Directors fails to call the annual meeting at the
designated time, any Director may make demand that such meeting be held within a reasonable
time, such demand to be made in writing by registered mail directed to any officer of the
Corporation. If the annual meeting of the Board of Directors is not called within sixty (60) days
following such demand, any Director may compel the holding of such annual meeting by legal
action directed against the Board of Directors, and all of the extraordinary writs of common law
and of courts of equityshall be available to such Director to compelthe holding of such annual
meeung.

7.

REGULAR MEETING OF DIRECTORS

Regular meetings of the Board of Directors may be held with or without notice at such
time and place as maybe from time to time determined bythe Boardof Directors.
8.

SPEQAL MEETINGS OF DIRECTORS

The Secretaryshallcall a special meeting of the Boardof Directors wheneverrequested to

do so by the President or by two (2) or more directors. Suchspecial meeting shall be held at the
date and time specified in the notice of meeting.

9.

PLACE OF DIRECTORS' MEETINGS

All meetings of the Board of Directors shall be held either at the principal office of the
Corporationor at such otherplace, eitherwithin or withoutthe Stateof Texas, asshallbespecified
in the notice of meeting or executed waiver of notice.

10.

NOTICE OF DIRECfORS' MEETINGS

Notice of anyspecial meeting of the Boardof Directors shallbe given at leasttwo (2) days
previouslythereto by written noticedelivered personallyor sent by mail to each Director at that
Director's address as shown by the records of the Corporation, If mailed, such notice shall be
deemed to be delivered when deposited in the United States mail in a sealed envelope so
addressed, the postage thereon prepaid. Any Director may waive notice of any meeting. The
attendance of a Director at anymeeting shallconstitute a waiver of noticeof such meeting, except
where a Director attends a meeting for the express purposeof objecting to the transaction of any
business because the meeting is not lawfully called or convened. Neither the business to be
transactionat, nor the pUtpose of, anyregularor special meeting of the Board need be specified in
the notice or waiverof notice of such meeting, unless specifically required by lawor theseBylaws.

11.

QUORUM AND VOTING OF DIRECfORS

A quorum for the transaction of business by the Board of Directors shall be a majority of
the number of directors fixed bytheseBylaws. The act of the majorityof the directors presentat a
meeting at which a quorum is present shall be the act of the Board of Directors, unless the act of
a greater number is required by law or the Certificate of Formation. Non-voting, ex-officio
members of the Board of Directors shallnot be counted in determining the number necessary to
constitute a quorum or in determining whether a quorum is present.

tz,

COMPENSATION

Directors, as such,shallnot receive anystated salaryfor their services, but by resolution of

the Board of Directors a fixed sum and expenses of attendance, if any, may be allowed for
attendance at any meeting of the Board or Directors. A director shall not be precluded from
serving the Corporation in any other capacity and receiving compensation for such services.
Memberof committees maybe allowed similar compensation and reimbursement of expenses for
3

attending committee meetings.

13.

ACTION BYDIRECTORS WITHOUT MEETING

Anyacrion required by the Texas Business Organizations Code to be taken at a meeting of

the Board of Directors, or any action which may be taken at a meeting of the Board of Directors or
any committee, may be taken without a meeting if a consent in writing, setting forth the action to
be taken, shall be signed by all the Board of Directors entitled to vote with respect to the subject
matter thereof, or all"of the members of the committee, as the case may be. Such consent shall
have the same force and effect as a unanimous vote. Each written consent shall bear the date of
signature of each Director or committee member who signs the consent. A photographic,
photostatic, facsimile, or similar reproduction of a writing signed by a Director or member of a
committee shall be regarded as signed bythe Director or member of a committee for purposes of
this section.

14.

COMMITTEES OF THE BOARD OF DIRECTORS

The Board of Directors, by resolution adopted bya majority of the Directors in office, may
designate and appoint one or more committees, each of which shall consist of two or more
Directors, which committees, to the extent provided in said resolution, shall have and exercise the
authority of the Board of Directors in the management of the Corporation, except that no such
committee shall have the authorityof the Board of Directors in reference to amending, altering or
repealing the Bylaws; electing, appointing or removing any member of any such committee or any
Director or officer of the Corporation; amending or restating the Certificate of Formation;
adopting a plan of merger or adopting a plan of consolidation with another Corporation;
authorizing the sale, lease, exchange or mortgage of all or substantially all of the property and
assets of the Corporation; authorizing the voluntary dissolution of the Corporation or revoking
proceedings therefore; adopting a plan for the distribution of the assets of the Corporation; or
amending, altering or repealing any resolution of the Board of Directors which by its terms
provides that it shall not be amended, altered or repeated bysuch committee. The designation and
appointment of any such committee and the delegation of authority to such committee shall not
operate to relieve the Board of Directors, or any individual Director, of any responsibilityimposed
by law upon the Board of Directors or upon any individual Director.
Other committees not having and exercising the authority of the Board of Directors in the
management of the Corporation may be appointed in such manner as may be designated by a
resolution adopted by a majority of the Directors present at a meeting at which a quorum is
present. Except as otherwise provided in such resolution, members of each such committee shall
be Directors of the Corporation, and the President of the Corporation shall appoint the members
thereof. Any member thereof may be removed by the person or persons authorized to appoint
such member whenever in their judgment the best interests of the Corporation shall be served by
such removal.
One member of each committee shall be appointed chairman by the person or persons
authorized to appoint the members thereof. Each member of a committee shall continue as such
until the next annual meeting of the Board of Directors and until a successor is appointed, unless
4

the committee shall be sooner terminated, or unless such member be removed from such
committee, or unless such member cease to qualify as a member thereof. Vacancies in the
membership of any committee may be filled by appointments made in the same manner as
provided in the case of the original appointments.
Unless otherwise provided in the resolution of the Board of Directors designating a
committee, a majority of the whole committee shall constitute a quorum and the act of a majority
of the members present at a meeting at which a quorum is present shall be the act of the
committee.
Each committee may adopt rules for its own government not inconsistent with these
Bylaws or with rules adopted by the Board of Directors.

ARTICLE III . OFFICERS

1.

NUMBER OF OFFICERS

The officers of a Corporation shall consist of a president and a secretary and may also
consist of one or more vice-presidents, a treasurer, and such other officers and assistant officers as
may be deemed necessary. New offices may be created and filled at any meeting of the Board of
Directors. Any two or more offices may be held by the same person, except the offices of
president and secretary. A committee duly designated may perform the functions of any officer
and the functions of any two or more officers may be performed by a single committee, including
the functions of both president and secretary:

2.

ELECfION OF OFFICERS AND TERM OF OFFICE

All officers shall be elected or appointed annually by the Board of Directors at the regular
annual meeting of the Board of Directors for such terms not exceeding three (3) years.

3.

REMOVAL OF OFFICERS, VACANOES

Any officer elected or appointed may be removed by the Board of Directors whenever in
their judgment the best interests of the Corporation will be served thereby. The removal of an
officer shall be without prejudice to the contract rights, if any, of the officer so removed. Election
or appointment of an officer or agent shall not of itself create contract rights. A vacancy in any
office because of death, resignation, removal, disqualification or otherwise, may be filled by the
Board of Directors for the unexpired portion of the term,

4.

POWERS OF OFFICERS

Each officer shall have, subject to these Bylaw'S, in addition to the duties and power'S
specificallyset forth herein, such powers and duties as are commonly incident to that office and
such duties and powers as the Board of Directors shall from time to time designate. All officers
shall perform their duties subject to the directions and under the supervision of the Board of
Directors. The President may secure the fidelity of any and all officers by bond or otherwise.
5

All officers and agents of the Corporation, as between themselves and the Corporation,
shall have such authority and perform such duties in the management of the Corporation as may
be provided in theses Bylaws, or as may be determined by resolution of the Board of Directors not
inconsistent with these Bylaws.
In the discharge of a duty imposed or power conferred on an officer of a Corporation, the
officer may in good faith and with ordinary care rely on information, opinions, reports, or
statements, including financial statements and other financial data, concerning the Corporation or
another person, that were prepared or presented by. (1) one or more other officers or employees
of the Corporation, including members of the Board of Directors; or (2) legal counsel, public
accountants, or other persons as to matters the officer reasonably believes are within the person's
professional or expen competence.

An officer is not relying in good faith within the meaning of this section if the officer has
knowledge concerning the matter in question that makes reliance otherwise permitted by this
subsection unwarranted.

5.

PRESIDENT

The President shall be the chief executive officer of the Corporation and shall preside at all
meetings of all directors. Such officer shall see that all orders and resolutions of the board are
carried out, subject however, to the right of the directors to delegate specific powers, except such
as may be by statute exclusively conferred on the President, to any other officers of the
Corporation.
The President or any Vice-President shall execute bonds, mongages and other instruments
requiring a seal, in the name of the Corporation. When authorized by the board, the President or
any Vice-President may affix the seal to any instrument requiring the same, and the seal when so
affixed shall be attested "bythe signature of the Secretary. The President shall be ex-officio a
member of all standing committees.
The President shall submit a report of the operations of the Corporation forthe year to the
directors at their meeting next preceding the annual meeting of the Board of Directors.

6.

VICE-PRESIDENTS

The Vice-President, or Vice-Presidents in order of their rank as fixed by the Board of

Directors, shall, in the absence or disability of the President, perform the duties and exercise the
powers of the President, and they shall perform such other duties as the Board of Directors shall
prescribe.

7.

THE SECRETARY

The Secretaryshall attend all meetings of the Board of Directors and shall record all votes
and the minutes of all proceedings and shall perform like duties for the standing committees when
required. The Secretary shall give or cause to be given notice of all meetings of the Board of
6

Directors and shallperformsuch other duties as maybe prescribed bythe Boardof Directors. The
Secretaryshallkeepin safecustodythe sealof the Corporation, and when authorized bythe Board
of Directors,affixthe sameto anyinstrumentrequiring it, and whenso affixed, it shallbe arrested
bythe Secretary's signature.
In the absence of the Secretary, the minutes of allmeetings of the board shallbe recorded
by such person as shall be designated by the President or bythe Board of Directors.
8.

THE TREASURER

The Treasurershallhave the custodyof the corporatefunds and securities and shall keep
full and accurate accounts of receipts and disbursements in books belonging to the Corporation
and shall deposit all moneys and other valuable effects in the name and to the credit of the
Corporation in such depositories as may be designated bythe Board of Directors.
The Treasurershalldisburse the funds of the Corporation as maybe ordered bythe Board
of Directors, taking proper vouchers for such disbursements. The Treasurer shall keep and
maintainthe Corporation's books of account and shall render to the President and directors an
accountof allof the Treasurer's transactions and of the financial conditionof the Corporation and
exhibitthe books, records and accounts to the President or directors at any time. The Treasurer
shall disburse funds for capital expenditures as authorized by the Board of Directors and in
accordance with the orders of the President, and present to the President's attention anyrequests
for disbursing funds if in the judgment of the Treasurer any such request is not properly
authorized. The Treasurer shall perform such other duties as may be directed by the Board of
Directors or by the President.
If required by the Board of Directors,the Treasurershall give the Corporation a bond in
such sum and with such suretyor sureties as shall be satisfactory to the Board of Directorsfor the
faithful performance of the duties of the office and for the restorationto the Corporation, in case
of death, resignation, retirement or removal from office, of all books, papers, vouchers, money
and other property of whatever kind in the incumbent's possession or under the incumbent's
control belonging to the Corporation.
ARTICLE IV INDEMNIFICATION AND INSURANCE
1.

INDEMNIFICATION

To the fullextentpermitted bythe applicable provisions of Title 1, Chapter 8 of the Texas

Business Organizations Code and other applicable law, the Corporation shall advance or
reimburse expenses to andindernnifyanypresent and former directors, officers, and employees of
the Corporation and may, byresolutionof the Boardof Directors, advance or reimburse expenses
to and indemnifyany other agents serving or formerly serving at the request of the Corporation,
against judgments, penalties (including excise and similar taxes), fines, settlements and reasonable
expenses (including attorneys' fees) actuallyincurred by the person in any threatened, pending or
completed action, suit or proceeding, whether civil, criminal, administrative, arbitrative or
investigative, any appeal in such action, suit or proceeding and any inquiryor investigation that
7

could. lead to such an action, suit or proceeding, because the person is or was acting in such
capacity

2.

INSURANCE

The Corporation may purchase and maintain insurance or another arrangement on behalf
of anyperson who is or was a member, director, officer, employee, or agent of the Corporation or
who is or was serving at the request of the Corporation as a director, officer, partner, venturer,
proprietor, trustee, employee, agent, or similar functionary of another foreign or domestic
corporation, employee benefit plan, other enterprise, or other entity, against any liability asserted
against him or her and incurred by him or her in such a capacity or arising out of his or her status
as such a person, whether or not the Corporation would have the power to indemnify him or her
against that liability. Without limiting the power of the Corporation to procure or maintain any
kind of insurance or other arrangement, the Corporation may, for the benefit of persons
indemnified bythe Corporation, (1) create a trust fund; (2) establish any form of self-insurance; (3)
secure its indemnity obligation by grant of a security interest or other lien on the assets of the
Corporation; or (4) establish a letter of credit, guaranty, or surety arrangement. The insurance or
other arrangement may be procured, maintained, or established within the Corporation or with
any insurer or other person deemed appropriate by the Board of Directors regardless of whether
all or part of the stock or other securities of the insurer or other person are owned in whole or part
by the Corporation. In the absence of fraud, the judgment of the Board of Directors as to the
terms and conditions of the insurance or other arrangement and the identityof the insurer or other
person participating in an arrangement shall be conclusive and the insurance or arrangement shall
not be voidable and shall not subject the directors approving the insurance or arrangement to
liability, on any ground, regardless of whether directors participating in the approval. are
beneficiaries of the insurance or arrangement.

ARTICLE V MISCELLANEOUS

1.

WAIVEROFNOTICE

Whenever any notice is required to be given to any member or director of the Corporation
under the provisions of the Texas Business Organizations Code, the Certificate of Formation, or
these Bylaws, a waiver thereof in writing signed by the person or persons entitled to such notice,
whether before or after the time stated therein, shall be equivalent to the giving of such notice.

2.
MEETINGS BY TELEPHONE CONFERENCE, ELECfRONIC OR OTHER
REMOTE COMMUNICATIONS TECHNOLOGY
Subject to the provisions required or permitted by the Texas Business Organizations Code
and these Bylaws for notice of meetings, members of the Board of Directors, or members of any
committee may participate in and hold a meeting of such board, or committee by means of: (1)
conference telephone or similar communications equipment by which all persons participating in
the meeting can communicate with each other; or (2) another suitable electronic communications
system, including videoconferencing technology or the Internet, only if: (a) each member entitled
to participate in the meeting consents to the meeting being held by means of that system; and (b)
8

the system provides access to the meeting in a manner or using a method by which each member
participating in the meeting can communicate concurrently with each other participant.
Participation in a meeting pursuant to this section shall constitute presence in person at such
meeting, except where a person participates in the meeting for the express purpose of objecting to
the transaction of any business on the ground that the meeting is not lawfullycalled or convened.

3.

SEAL

'The Corporation may adopt a corporate seal in such fOlTI1 as the Board of Directors may
determine. 'The Corporation shall not be required to use the corporate seal and the lack of the
corporate seal shall not affect an otherwise valid contract or other instrument executed by the
Corporation.

4.

CONTRACTS

'The Board of Directors may authorize any officer or officers, agent or agents of the
Corporation, in addition to the officers so authorized by these Bylaws, to enter into any contract
or execute and deliver any instrument in the name of and on behalf of the Corporation, and such
authority may be general or confined to specific instances.

5.

CHECKS, DRAFTS, ETC

All checks, drafts or other instruments for payment of money or notes of the Corporation
shall be signed by such officer or officers or such other person or persons as shall be determined
from time to time by resolution of the Board of Directors.

6.

DEPOSITS

All funds of the Corporation shall be deposited from time to time to the credit of the
Corporation in such banks, trust companies, or other depositories as the Board of Directors may
select.

7.

GIFTS

'The Board of Directors may accept on behalf of the Corporation any contribution, gift,
bequest or devise for the general purposes or for any special purpose of the Corporation.

8.

BOOKS AND RECORDS

The Corporation shall keep correct and complete books and records of account and shall
keep minutes of the proceedings of the Board of Directors, and committees and shall keep at the
registered office or principal office in this State a record of the names and addresses of its
members entitled to vote. A Director of the Corporation, on written demand stating the purpose
of the demand, has the right to examine and copy, in person or by agent, accountant, or attorney,
at any reasonable time, for any proper purpose, the boob and records of the COrporation relevant
to that purpose, at the expense of the member.
9

9.

FINANCIAL RECORDS AND ANNUAL REPORTS

The Corporation shall maintain current true and accurate financial records with full and
correct entries made with respect to all financial transactions of the Corporation, including all
income and expenditures, in accordance with generally accepted accounting practices. All records,
books, and annual reports (if required by law) of the financial activity of the Corporation shall be
kept at the registered office or principal office of the Corporation in this state for at least three
years after the closing of each fiscal year and shall be available to the public for inspection and
copying there during normal business hours. The Corporation may charge for the reasonable
expense of preparing a copy of a record or report.

10.

FISCAL YEAR
The fiscal year of the Corporation shall be as determined by the Board of Directors.

ARTICLE VI - CONSTRUCTION
1.

PRONOUNS AND HEADINGS

All personal pronouns used in these Bylaws shall include the other gender whether used in
masculine or feminine or neuter gender, and the singular shall include the plural whenever and as
often as may be appropriate. All headings herein are for convenience only and neither limit nor
amplify the provisions of these Bylaws.

2.

INVALID PROVISIONS

If anyone or more of the provisions of these Bylaws, or the applicability of any such
provision to a specific situation, shall be held invalid or unenforceable, such provision shall be
modified to me minimum extent necessary to make it or its application valid and enforceable, and
the validity and enforceability of all other provisions of these Bylaws and all other applications of
any such provision shall not be affected thereby.

ARTICLE VII - AMENDMENT OF BYLAWS

The Board of Directors may amend or repeal these Bylaws, or adopt new Bylaws, unless
the Certificate of Formation or the Texas Business Organizations Code limits such powers.

Adopted by the Board of Directors on May 25, 2013.

IJ- .

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10

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i
i

Conflict of Interest Policy

West, TX. Foundation, Inc.
Article I
Purpose
This conflict of interest policy is designed to help the West, TX. Foundation, Inc. (the
"Otganization")'s interest when it is contemplating entering into a transaction or arrangement that
might benefit the private interest of an officer or director of the Organization or might result in a
possible excess benefit transaction. This policy is intended to supplement but not replace any
applic~bl: state and federal laws governing conflict of interest applicable to nonprofit and charitable
organizations.

Article II
Definitions

1.
Interested Person
Any director, principal officer, or member of a committee with governing board delegated powers,
who has a direct or indirect private interest, as defined below, is an interested person.
2.
Family Member
With respect to a person, a family member shall include (a) any spouse, siblings, spouses of siblings,
ancestors, lineal descendants and spouses of lineal descendants, and (b) any other individual
(whether or not related by blood or marriage) living in the same household as such person.
Private Interest
3.
A person has a private interest if such person has a financial interest or other interest.
a.

A person has a financial interest if the person has, directly or indirectly, through
business, investment, or a family member:
i, Ownership or control of at least five percent (5%) of the equity or VOting
interest of any entity with which the Organization has or is contemplating a
transaction or arrangement,
ii, A compensation arrangement with the Organization or with any entity or
individual with which the Organization has a transaction or arrangement, or
iu, A potential ownership or investment interest in, or compensation
arrangement with, any entity or individual with which the Organization is
negotiating a transaction or arrangement.

Compensation includes direct and indirect remuneration as well as gifts or favors that are
not insubs tantial,
b.

A person has an other interest if the person, or a family member of such person:
i. Serves as a trustee, director, officer or employee of any entity with which the
Organization has or is contemplating a transaction or arrangement,
ii, Is a significant donor to any entity with which the Organization has or is
contemplating a transaction or arrangement, or

COlifliet ofInterest PoliO'

117est, TX Foundation, III<:
EIlV: 46-2833227

Pa.ge 1 ql4

111.

Wields decision-making authority, whatever the person's formal title, in any

entity with which the Organization has or is contemplating a transaction or
arrangement.

A private interest is not necessarily a conflict of interest. Under Article III, Section 2, a person who
has a private interest may have a conflict of interest only if the appropriate governing board or
committee decides that a conflict of interest exists.

Article III
Procedures
1.
Duty to Disclose
.
In connection with any actual or possible conflict of interest, an interested person must disclose the
existence of the private interest and be given the opportunity to disclose all material facts to the
directors and members of committees with governing board delegated powers considering the
proposed transaction or arrangement.
2.
Determining Whether a Conflict of Interest Exists
After disclosure of the private interest and all material facts, and after any discussion with the
interested person, s/he shall leave the governing board or committee meeting while the
determination of a conflict of interest is discussed and voted upon. The remaining board or
committee members shall decide if a conflict of interest exists.
3.

Procedures for Addressing the Conflict of Interest

a.
An interested person may make a presentation at the governing board or committee
meeting, but after the presentation, s/he shall leave the meeting during the
discussion of, and the vote on, the transaction or arrangement involving the possible
conflict of interest.
The chairperson of the governing board or committee shall, if appropriate, appoint a
b.
disinterested person or committee to investigate alternatives to the proposed
transaction or arrangement.
After exercising due diligence, the governing board or committee shall determine
c.
whether the Organization can obtain with reasonable efforts a more advantageous
transaction or arrangement from a person or entity that would not give rise to a
conflict of interest.
d.
If a more advantageous transaction or arrangement is not reasonably possible under
circumstances not producing a conflict of interest, the governing board or committee
shall determine by a majority vote of the disinterested directors whether the
transaction or arrangement is in the Organization's best interest, for its own benefit,
and whether it is fair and reasonable. In conformity with the above determination, it
shall make its decision as to whether to enter into the transaction or arrangement,

4.

Violations of the Conflicts of Interest Policy

a.
If the governing board or committee has reasonable cause to believe a member has
failed to disclose actual or possible conflicts of interest, it shall inform the member
of the basis for such belief and afford the member an opportunity to explain the
alleged failure to disclose.

Cof!/hi:t if Interest PohD!

IWest, TX Foundation, 111<",
EIN: 46-2833227

Page 2 0/4

b.

If, after hearing the member's response and after making further investigation as
warranted by the circumstances, the governing board or committee determines the
member has failed to disclose an actual or possible conflict of interest, it shall take
appropriate disciplinaryand corrective action.
Article IV
Records of Proceedings

The minutes of the governing board and all committees with board delegated P0Vilers shall contain:
a.
The names of the persons who disclosed or otherwise were found to have a private
interest in connection with an actual or possible conflict of interest, the nature of the
private interest, any action taken to determine whether a conflict of interest was
present, and the governing board's or committee's decision as to whether a conflict
of interest in fact existed.
b.
The names of the persons who were present for discussions and votes relating to the
transaction or arrangement, the content of the discussion, including any alternatives
to the proposed transaction or arrangement, and a record of any votes taken in
connection with the proceedings.
Article V
Compensation

a.

b.

c.

A voting member of the governing board who receives compensation, directly or

indirectly, from the Organization for services is precluded from voting on matters
pertaining to that member's compensation.
A voting member of any committee whose jurisdiction includes compensation
matters and who receives compensation, directly or indirectly, from the Organization
for servic~s is precluded from voting on matters pertaining to that member's
compensation.
No voting member of the goveming board or any committee whose jurisdiction
includes compensation matters and who receives compensation, directly or
indirectly, from the Organization, either individually or collectively, is prohibited
from providing information to any committee regarding compensation.
Article VI
Annual Statements

Each director, principal officer and member of a committee with governing board delegated powers
shall annually sign a statement which affirms such person:
a.
Has received a copy of the conflicts of interest policy,
b.
Has read and understands the policy,
c.
Has agreed to comply with the policy, and
d.
Understands the Organization is charitable and in order to maintain its federal tax
exemption, it must engage primarily in activities which accomplish one or more of its
tax-exempt purposes.

COliflict r!f Interest Poliry

IJ7est, TX Foundation, lIlt:
BIN: 46-2833227

PClge 3 f!/4

Article VII
Periodic Reviews

To ensure the Organization operates in a manner consistent with charitable purposes and does not
engage in activities that could jeopardize its tax-exempt status, periodic reviews shall be conducted.
The periodic reviews shall, at a minimum, include the following subjects:
a.
Whether compensation arrangements and benefits are reasonable, based on
competent survey information, and the result of arm's length bargaining,
b.
Whether pannerships, joint ventures, and arrangements with management
organizations conform to the Organization's written policies, are properly recorded,
reflect reasonable investment or payments for goods and services, further charitable
purposes and do not result in inurement, impermissible private benefit or in an
excess benefit transaction.
Article VIII
Use of Outside Experts

When conducting the periodic reviews as provided for in Article VII, the Organization may, but
need not, use outside advisors. If outside expens are used, their use shall not relieve the governing
board of its responsibility for ensuring periodic reviews are conducted.

COliflid rf Interest Poliry

lPest, 1X Foundation, Illf.
EIN- 46-2833227

Page 4 ~l4

DISASTER RELIEF jEMERGENCY HARDSHIP EXPEDITE

WEST, TX. FOUNDATION, INC

EIN: 46-2833227
Form 1023
Continuation Sheers
Part I, Line 7 - Authorized Representative
The Organization's authorized representative is:

MARK C. HOBBS
BEARD KULTGEN BROPHY BOSTWICK DICKSON & SQUIRES, LLP
P.G. BOX21117
WACO, TEXAS 76702-1117
220 sourn FOURTI-I STREET
WACO, TEXAS 76701
Part IV, Narrative Description
West, TX. Foundation, Inc. d/b/a West Long-Term Recovery ("West, TX Foundation" or the
"Organization") was formed in the aftermath of the fire and explosions that occurred at the West
Fertilizer Company storage and distribution facility in the City of West, Texas (the "City" or
"West"). On April 17,2013, two large, near-simultaneous explosions occurred while emergency
personnel were responding to a fire at the facility. The blast was so powerful that it set off
seismographs, registering as a 2.1-magnitude tremor,'
The explosion had a devastating effect on the community of West. The disaster killed 15 people (12
of whom were firefighters or other first responders). The explosion also injured more than 200
others, destroyed 142 homes, caused major damage to an additional 51 homes, and damaged a 37block-area of the City. Half of the town was evacuated in the immediate aftermath of the explosion.
A nursing home, a 50-unit apartment complex, and three (of the town's four) school buildings were
destroyed.' City water and sewer systems were badly damaged.' Countless members of the
community, first responders, and medical professionals were affected as they witnessed the event and
rushed to the aid of the victims. Ne-ws reports and photographs of the disaster are attached hereto as
Exhibit A

It is estimated that the cost to repair private property damage caused by the April 17 explosion will
exceed $100 million.' Insurance proceeds will be far from sufficient to address the property damage
resulting from the blast.

http://www.theatlantic.com/infocus/2013I 041texass-fertilizer-plant-explosion/ 100501 I

http://www.nytimes.com/2013/04/20/ us/rexas-explosion.hrml
3 http://www.kwt:x.com/news/ locallheadlines/West- Needs-Millions-To-Repair-Water-Sewer-Systems-208581391.html
4 http://www.propenycasualty360.com/2013/04123I west-fenilizer-plam-explosion-to-cause-l OOm-in-i
I

ContinuationSheets- Form 1023

[Fest, TX Foundation. lilt:
EIN: 46-2833227

Page 1 of 7

The Organization was formed to lessen the burdens of government of the City of West and to assist
those affected by this tragic event, and related events, and other disasters which may occur in the
future. The Organization is organized and shall at all times be operated exclusivelyfor charitable or
educational purposes within the meaning of Section 501(c) (3) of the Internal Revenue Code of 1986,
as amended (the "Code"), and applicable provisions of the Texas Tax Code. The Organization will
accomplish its charitable purpose by, among other activities: (0 providing relief to the distressed; (i0
promoting social welfare by combating community deterioration; and (iii) lessening the burdens of
government.
Providing Relief to the Distressed
Hundreds of individuals have lost their homes and personal property, suffered injuries, and/ or lost
their primary source of income as a result of the disaster. The Organization will accomplish its
charitable purpose of providing relief to the distressed by, among other activities: (0 offering
individual assistance to those affected by this and other disasters, either directly or by referral to an
appropriate organization that has offered to provide such assistance; (ii) serving as a central resource
to find appropriate and reputable counseling, legal, and other services, medical care and charitable
organizations that have offered assistance addressing specific needs; (iii) collecting and organizing
information from individuals and organizations offering services to those affected, and making it
available to the public through a published services directory; (iv) collecting information from
affected individuals regarding specific needs; and (v) providing the infrastructure to coordinate the
collection, administration, expenditure, and distribution of funds, goods and services in a manner
consistent with the requirements for charitable relief organizations under Section SOl(c)(3). Longterm financial assistance provided to victims for this purpose will be provided pursuant to an
objective, needs-based analysis approved in advance by the board of directors of the Organization.
Promoting Social Welfare; Combating CommunityDeterioration
The explosion significantly impacted the entire community, and devastated the surrounding
neighborhood. By any measure, the area surrounding the blast is significantly deteriorated and faces
considerable obstacles in order to return to the condition it was in prior to the explosion. The
economic condition of the area around the fertilizer plant, and of the entire City, will be negatively
affected by the explosion for years. The Organization will accomplish its charitable pUlpose of
promoting social welfare and combating community deterioration by, among other activities:
(0 removing debris; 00 repairing public buildings, systems, and infrastructure; (iii) repairing private
businesses, buildings, and residences; (iv) leading and coordinating the efforts of other local
SOl(c)(3) organizations that have collected donations for West, to ensure the funds are used in the
most effective \Vay; and (v) providing funds for these and other activities which further the pUlpose
of renovating and combating the deterioration of the entire West community and of improving the
area from an economic and social welfare perspective.
Lessening the Burdens of Government
The City Council of the City of West, by resolution dated May 21, 2013, attached hereto as
Exhibit B, recognized the many community needs that must be addressed, the experience of the
individuals involved in establishing the Organization, the important charitable pUlposes and goals of
the Organization, and the necessity of forming an organization to fulfill these purposes. The City
Continuation Sheets - Form 1023
IFest, TX Foundation, Illc.
EIN: 46-2833227

Page 2 of 7

Council also recognized that the Organization would be organized as a non-profit corporation, and
expressed the intention and desire of the City Council to work closely together with the
Organization in rebuilding the City of West.
Some of the activities of the Organization which wil] accomplish its charitable purpose of lessening
the burdens of government will include: (0 acting as a central resource to allow those affected by the
disaster to find appropriate and reputable services; (li) removing debris from and facilitating
necessary repairs to public buildings, systems, and infrastructure; (ii~ educating those affected by the
disaster about the process of applying for aid from FEMA and other public and private relief
organizations; (iv) providing information to victims regarding relevant City ordinances governing
debris removal, demolition, construction, and repair; (v) coordinating the recovery efforts of
501(c)(3) organizations that have collected donations for West; and (vi) maintaining the
infrastructure which would allow the Organization and community to respond immediately in the
event of a similar disaster. In the event that the City or another government unit acts to establish a
fund to receive contributions, the Organization will lessen the burdens of government by providing
a single vehicle to receive such contributions and by establishing the infrastructure to coordinate the
collection, administration and distribution of such funds in a manner consistent with the
government's interest in providing financial assistance to the victims and their families.
Ongoing Activities
In addition to the immediate acnvines described above, in future years the Organization will
continue to provide support for those affected by the April 17th disaster and victims of future
disasters. The Organization anticipates that it will receive a continuing stream of contributions in the
future to support its ongoing activities.
Additional activities currently under consideration include the following:
I\l

"

"

Coordinating an annual commemoration service on the anniversary of the explosion;

Assisting in the building and maintenance of a memorial;
Organizing community service projects in honor of the victims;
Educating the public about the victims and the effects of the disaster that took place on
April 17th; and
Helping those affected by the tragedy to connect with each other in an effort to further the
healing process and build a community support system.

West, TX Foundation intends to remain a long-term resource for the West community and the City
of West.
Use of Funds; Restrictions
Funds raised by the Organization or received from other SOl(c)(3) organizations will be used
exclusively to further the charitable purposes of the Organization, including to fund the activities
described above relating to the April 17 explosion or other future disasters, and to fund the
operating expenses of the Organization. Funds will not be accepted that are earmarked for
distribution to a particular individual, family or business.

Continuation Sheets - Form 1023

l7est, TX Foundation, lilt:
ErN: 46-2833227

Page 3 of 7

Part V, Line 3a
Charles R. Matthews, Ed.D.
Qualifications:
Average hours worked:
Duties:
Tiffany Bolton
Qualifications:
Average hours worked:
Duties:
Ronnie Sykora
Qualifications:
Average hours worked:
Duties:
Karen Bernsen
Qualifications:
Average hours worked:
Duties:

Director
See qualifications below
10 hours per week
Overseeing affairs of the organization
Director
See qualifications below
10 hours per week
Overseeing affairs of the organization
Director
See qualifications below
10 hours per week
Overseeing affairs of the organization
Interim Executive Director
See qualifications below
40 hours per week
Supervising affairs of the organization

Charles R. Matthews, Ed.D.

Dr. Matthews is Chancellor Emeritus of Texas State University. He served as Chancellor of the
state's oldest multi-institution educational system from February 2005 to February 2010. Previously,
Dr. Matthews was elected to serve as Texas Railroad Commissioner and as the Mayor of the City of
Garland, Texas. He was also appointed as a Board Member of the Texas Turnpike Authority and
served as a Director, Board President, and CEO of the Texas Municipal Power Agency.
Dr. Matthews graduated with a Bachelor of Arts in Interdisciplinary Studies in 1994 from the
University of Texas at Dallas, and he subsequently received his Masters of Public Administration
from Texas State University, San Marcos in 1999. Dr. Matthews graduated with his doctorate in
Higher Education Administration from the University of Texas at Austin in 2006.
Dr. Matthews private sector experience has included serving as President of Housing
Administrators, Inc.; President and CEO of M Mortgage Company, Director of Southern Bank and
Trust/Texas Commerce Bank Shares; and Owner-Operator of Matthews Investments.

His many honors and awards include the 2009 Distinguished Alumnus Awards from the College of
Liberal Arts: Texas State University, San Marcos; 2005 Distinguished Alunmus Award: Texas State
University, San Marcos; 2004 Distinguished Alunmi Award: University of Texas at Dallas; Tall
Texan- Community Leader Award; Garland Chamber of Commerce; Distinguished Public Service
Award: Center of Public Service, Texas Tech University, Energy Award for Outstanding Public
Service: Hearst Newspapers; Service Award: Society of Petroleum Engineers; Pi Alpha Alpha:
National Honor Society for Public Affairs and Administration; and 2001 Alfred M Zuck Public
Courage Award: National Association of Schools of Public Affairs and Administration.
Dr. Matthews' other service included representing the Governor at the Interstate Mining Compact, a
17- state organization interested in mining issues; Appointed by the Governor to the Interstate Oil
and Gas Compact Commission; appointed by three different Secretaries of the Energy to the
Continuation Sheets - FOffi11023
lJ7eJt, TX Pomuiation, lilt:
EIN: 46-2833227

Page 4 of 7

National Coal Council, a fifteen member board to advise the Secretary on national coal issues;
served as a Member of the National Association of Regulatory Utility Commissioners, member of
the Natural Gas Committee; and was appointed by Secretary of Transportation Norman Mineta to
serve on the Technical Pipeline Safety Standards Committee, which dealt with national pipeline
safety issues.
'

Tiffany Bolton

Mrs. Bolton is the Area Vice President of Gallagher Benefit Services in Waco, Texas. Previously, she
was an Account Executive with Texas Home Health in 2011, and the owner and coordinator of
Tiffany and Company from 2006 to 2010. Her career began in the insurance industry in 2004 with
State Farm Insurance as an Agency Field Specialist.
She is a 2004 graduate of Baylor University with a BBA in Business Management and Real Estate.
Throughout her college years, Tiffany completed a work study at the Baylor Law School under Dean
Toben, and interned in Franchise Sales at The Dwyer Group.
Tiffany has served numerous organizations, including West Hospital Authority Board (Member
2012), Family Abuse Center (Volunteer 2009-2010), St. Paul's Parents and Friends (Volunteer 2009),
Catholic Daughters (2007 to 2009), West Fest (Volunteer 1997 to present), West Chamber of
Commerce (Volunteer 2005-2008), Heart of Texas Therapeutic Riding Center (Volunteer 2005), and
Big Brothers Big Sisters (2000-2003). She is a current member of the Waco Chamber of Commerce
since and a past member of West Kiwanis. Tiffany has been a member of The Church of the
Assumption in West for 19 years.

Ronnie Sykora
Ronnie Sykora is a 1983 graduate of Baylor University with a BBA in Business Management and
Computer Information Systems.
Ronnie is a past president of the West VFD, a past president of the West Chamber of Commerce,
and has served as a trustee of the West ISD for twelve years, two of those years as president. He is a
past Grand Knight of the West Knights of Columbus and a member of the Monsignor George
Doskocil Fourth Degree Assembly.
Ronnie is a fifty year member of the local KJT council and is active in his parish, The Church of the
Assumption. He serves as a newly ordained deacon of the parish. Ronnie is the general manager of
Sykora Family Ford, Inc.

Karen Bernsen
Karen Bernsen is a 1990 graduate of Texas A&M University, with BS Degree in Horticulture. In
2002 Karen and her husband started a real estate investment company, specializing in buying and
renovating single-family homes for sale and rent. Karen has been a licensed Texas real estate agent
since 2004 and, has held a Texas Broker's license since 2010.
Karen has been a resident of West for the past seven years and an active member of Assumption
Catholic Church and school. She was President of the St. Mary's Catholic School PTC 2009-2010,
ACT.S. Core Vice-President 2011 and ACT.S. President 2012.
Continuation Sheets - Porm 1023
West, ?X Foundation, IIU:
EIN: 46-2833227

Page 5 of7

Part V) Line 4 - Compensation

Compensation for any and all paid employees hired by the Organization will follow the procedures
set forth in Part V, line 4.
Part V) Line Sa - Conflict of Interest Policy
The attached Conflict of Interest Policy was adopted by resolution of the Organization's board of
directors at a meeting held on May 28,2013.
Part VI, Line la - Provision of Goods) Services or Funds to Individuals
The goods, services and funds to be provided by the Organization to individuals are described in the
Part IV narrative description.
Part VI) Line lb - Provision of Goods, Services or Funds to Organizations
The goods, services and funds to be provided by the Organization to organizations are described in
the Part IV narrative description.
Part VI, Line 2 - Provision of Goods) Services or Funds to Individuals
The individuals 'who will receive goods, services and funds from the Organization are described in
the Part IV narrative description.
Part VIII) Line 2) Attempts to Influence Legislation
The Organization will not participate in or intervene in any political campaign on behalf of any
candidate for public office.
The Organization will not devote a substantial part of its activities to attempts to influence
legislation. It is anticipated that an insignificant portion (less than 2%) of the Organization's
activities and funds will be utilized to attempt to influence federal or state legislation relating to
disaster assistance that could affect funds available to meet the needs of the West community as a
result of the April 17 disaster and! or future disasters.
Part VIII, Line 4a) Fundraising Programs
All funds raised will be utilized to further the tax exempt purpose of the Organization
Telephone Solicitations, Email SolidtatioJls, and Personal SolidtatiolJJ:' Board members and volunteers will
solicit voluntary contributions through personal contacts and other sources.
.Accept Donations 011 Your Website: Donors will be able to make donations directly on the
Organization's website: www.westltr.org.
Ret'eille Donations from .Anotber OJ;gClJ~iZCltioll:r Webjite: Through cooperation with other area businesses
and organizations, Donors may be able to make donations to the Organization through websites
other than the website of the Organization.

Continuation Sheets - FOnTI 1023

IWest, TX Fotmdatiou, t:
EIN: 46-2833227

Page 6 of 7

Vehicle Donations: The Organization does not intend to pursue a broad campaign seeking vehicle,
boat, plane, or similar donations from Donors. However, the Organization may, through personal
contacts and other sources, seek vehicles that would be useful or necessary in carrying out the
exempt purposes and activities of the Organization. No agreements "With such donors are
anticipated.
G01JerJUJJellt and Fosmdation Grant Solicitatiolls: Grant proposals may be written and submitted to
government funding entities, foundations, and other funding sources as determined by the
Organization'S ongoing needs.

Otber: The Organization may also raise funds by organizing specific fundraising events.
Part VIII, Line 5 - Mfiliation with Governmental Unit

The Organization's affiliation "With government is described in the Part IV narrative description.
Part VIII, Line 6 - Economic Development

The Organization's economic development activities are described in the Part IV narrative
description. The Organization is not formed for the purpose of stimulating economic development
of a particular.industry or trade group. The Organization hopes and expects that its exempt activities
contribute to the rebuilding and development of the economic conditions of the City of West, and
specifically of the areas devastated by the April 17 disaster and any future disasters.
Part VIII, Line 11- Specific Contributions

The Organization does not intend to pursue a broad campaign seeking vehicle, boat, plane, or
similar donations. However, the Organization may, through personal contacts and other sources,
seek vehicles that would be useful or necessary in carrying out the exempt purposes and activities of
the Organization.
Part IX, Line 15 - Contributions, Gifts and Grants

As described in the Part IV narrative description, grants to individuals and businesses "Will be made
in furtherance of the charitable purposes of the Organization, to assist the distressed, to combat
community deterioration, and to lessen the burdens of government. Long-term financial assistance
provided to the distressed will be provided pursuant to an objective, needs-based analysis approved
in advance by the board of directors of the Organization.
Part IX, Line 23 - Other Expenses

These expenses are for program services, such as debris removal, infrastructure repairs, and
demolition, removal, repair, and/or reconstruction of public and private buildings. As described in
the Part IV narrative description, expenses incurred on behalf of individuals and businesses "Will be
made in furtherance of the charitable purposes of the Organization, to assist the distressed, to
combat community deterioration, and to lessen the burdens of government. Long-term financial
assistance provided to the distressed "Will be provided pursuant to an objective, needs-based analysis
approved in advance by the board of directors of the Organization.

Continuation Sheers - Form 1023

IIYcJt, 1"'.rY Foundatio, 1m:
EIN: 46-2833227

Page 7 of 7

EXHIBIT "A"

NEWS REPORTS AND PHOTOGRAPHS

http://www.theatlantic.com/infocus/2013/04/ texass-fertilizer-plantexplosion/100501/

http://www.nytimes.com/2013/04/20/us/texas-explosion.html

http://www.k:wtx.com/news/locallheadlines/West-Needs-Millions-ToRepair-Water-Sewer-Systems-208581391.html
3

http://www:propenycasualty360.com/2013/04/23/west-fertilizer-planrexplosion-to-cause-100m-in-i
4

ARTICLE 1

Texas's Fertilizer Plant Explosion - In Focus - The Atlantic

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Texas's Fertilizer Plant Explosion

APR 22, 20131

383

Last week, while media attention was focused on Boston, a massive explosion took place at the West Fertilizer
Company, in the small town of West, Texas. The blast damaged 150 buildings, including three of West's four
schools, killed 14 people and injured more than 160 others. It was so powerful that it set off seismographs,
registering as a a.i-magnitude tremor. The cause remains unknown, and investigators are still sifting through
the rubble. Today, about 1,500 West students returned to school, set up in makeshift classrooms or in nearby
districts. [40 photos]

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5/31/2013

ARTICLE 2

In Texas Town, Rebuilding Begins in the Rubble - NYTimes.com

Page 1 of3

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Emerging From the Rubble in a Texas Town

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Shirley v-on. righI, anc her mother, Mona Zahirniak. wncse heme was damaged in
ti1rough ccnatec clothing

!h~

fertilizer plant explosion, wem

Bj' FERNANDA SANTOS and CLIFfORD KRAUSS

PoOESI18d: Aprii 19, 2013

MOST E-MAILED

WEST, Tex. - Two days after the explosion at a fertilizer plant in this
town sliced by a busy railroad and highway in Central Texas, the
death toll rose to 14, but with the search of damaged structures nearly
finished by Friday afternoon, only a few people were still presumed
missing, local and county officials said.

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Earlier in the day, after he had toured

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the site, Senator John Cornyn of Texas
PRINT
said that 60 people remained
unaccounted for, an estimate that
REPRINTS
included many people who had been
reported missing by relatives unable to
locate them immediately after the
blast. But the MeLennan County
judge, Scott Felton, who joined Gov.
Rick Perry at an afternoon news conference, said that he
would be "surprised if it's more than a few."

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Mr. Perry said there was "absolute devastation" in the area

around the fertilizer plant, adding, "It's going to be a Ion
recovery." Through the night and much of the day, the MORE
authorities removed bodies from the rubble, most ofthcrrPoll
firefighters and other emergency responders who were th~ali

f.

WELL

Is It Better to \'.'alk or Run"

F 2.5AR.TICLES)
8. GAIL C91,L1N~

onc<r.fllitdi!~~MtRRJlil~1

Beach i-rrcs

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5/30/2013

In Texas Town, Rebuilding Begins in the Rubble - NYTimes.com

Related
Plant Explosion Tears at the HCJrt
of a Tex;. Town (Apri119, 2013)
Survivors in Texas Blast Arc Bound
by Loss (April 19, 2013)

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first to arrive at the plant. One of them was Capt. Kenny

Harris of the Dallas Fire-Rescue, a married father of three
who had been off-duty when he learned of the fire and went
there to help, a spokesman for Dallas Fire-Rescue said.
Sgt. Jason Reyes of the Texas Department of Public Safcty
said that about 200 people were injured and that at least 50
homes were damaged by the explosion, which was caused
by a fire inside the plant on Wednesday evening. The plant
is surrounded by houses, a 50-unit apartment complex,
three schools and a nursing home.

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On Friday, President Obama issued an emergency

declaration for Texas, allowing the state to obtain federal
assistance to help pay for the recovery.
Investigators from the Bureau of Alcohol, Tobacco,
Firearms and Explosives, the United States Chemical Safety
Board and other federal agencies swarmed the remains of
the plant on Friday. They focused on a pair of reinforced
steel tanks that stored anhydrous ammonia, an inexpensive
liquid fertilizer commonly used across rural America.
Under some conditions, it can turn into flammable gas.

Investigators were focusing en

storage tanks at the plant, \vhich was
fined last 'lear for having deficient
transportation plans fer its fertiH:eL

Page 2 of3

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Last summer, the United States Pipeline and Hazardous

Material Administration fined the plant, a retail and
warehouse facility for grains and fertilizer, $10,000 for
safety violations, citing inadequate markings on the tanks
and deficient transportation plans for the fertilizer. Farmers
hauled it away from the plant in tanks pegged to the backs
of their pickup trucks. The fine was settled for $5,250,
according to agency records.

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Home delivery
[Rtf AU OlGlfAl ACCfSS

"The experts don't know what happened, and I am going to

leave it to the experts," the plant's foreman, Jerry Sinkale,
said in an interview on Friday.
The investigation, Sergeant Reyes said, will most likely
continue for at least several days.

Tile remains of an apartment complex

in ill/esI, a small town in the center of
Texas devastated by an explosion on
Wednesday.

Outside St. Mary's Catholic Church, where volunteers

grilled ribs and sausages for the rescuers, Dr, George N.
Smith recalled how the flames brightened the darkening sky
over the plant, which is near his house and across from the
nursing home where he was the medical director.

All but one of the 127 nursing home residents survived the
fire and explosion, aided in their escape by friends, relatives, strangers and rescue workers
who responded.
A broadcast on the police scanner, which many residents have in their homes, said,
"Anybody who can, please, go help at the rest home," recalled Dorothy Warren, 63, who
tried to make her way to the scene. Ms. Warren was stopped at one of the roadblocks that
quickly sprouted here, she said. The roadblocks were still in place on Friday afternoon.
Dr. Smith said nursing home workers had a well-rehearsed evacuation plan in case of a fire
at the plant: they shut off the air-conditioning system, placed wet towels under doors to
keep out the fumes and called school buses to come pick up the residents.
"We were thinking of a fire, not an explosion," said Dr. Smith, who got a gash on his
from the debris from the blast. "So we just had to wing it."

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Pollution Concerns Could Douse

He ordered a nurse to get on the intercom and "tell everyone to go to Station I," the sectilj'!lllifornia Beach Fires
of the nursing home farthest from the burning plant. He put towels under the front door~ead More

http://www.nytimes.com/2013/04/20/us/ texas-explosion.html?pagewanted=all&_r=O

5/30/2013

In Texas Town, Rebuilding Begins in the Rubble - NYTimes.com

Page 3 of3

while the nurses, at the back of the building, set up wheelchairs for residents who could not
walk. Then, Dr. Smith and the nurses got the people who came by to help in the evacuation
to serve as escorts, leading the residents to a community center nearby.
The only death, of a man "who was very sick," happened on the way there, Dr. Smith said.
His eyes welled up and his voice broke as he added, "1 find comfort in the fact that I may
have helped saved some lives."
Throughout the town on Friday, residents held on to the good news out of the nursing
home - any good news, like the story of a woman who saw a neighbor she had presumed
dead walk through the doors of the town's post office, which was open for business and
became a sort of joyous gathering spot.
Many people displaced by the explosion took shelter not at the community center, where
cots had been set up for them, but at the homes of friends and family.
At the Veterans of Foreign Wars Post 4819, donated clothing was organized on tables set
against the walls of a room that was also lined with cots where some rescue workers had
slept. It was there that many of the nursing home's residents ended up late on Wednesday.
West lost three of its four school buildings in the explosion, which also damaged about 20
school buses, the entire fleet. On Friday, trucks lined up outside the one surviving campus,
of the West Elementary School, bringing in chairs, portable classrooms and supplies.
Classes are expected to resume on Monday.
"Evil visited with us Wednesday night, but the good Lord was with us, too," Larry Hykel,
president of the West Independent School District Board of Trustees, said in an interview.
"We will rise from the ashes."

Manny Fernandez contributed reporting.

A version of this arnc'e appeared in print en April 20, 2013, en p:1ge A 12 of the Nev.. Yerr. eoiticn '....i:11 the neaoune:
Emerging From the Rubble in a Te-xas Town,

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5/30/2013

ARTICLE 3

West Needs Millions To Repair Water, Sewer Systems

Page 2 of3

West Needs Millions To Repair Water, Sewer Systems

By: John Carroll Email
(http://www.kwtx.eom/news/loeal/headlines/mailto:john.earrol/@kwtx.eom)

The repairs are critical in order to allow residents back into the most heavily
damaged area of West. (Filejphoto by John Carroll)
WEST (May 22 r 2013)-West is facing critical days as the town's leaders
seek millions of dollars in aid to rebuild badly damaged water and sewer
systems in the wake of the deadly April 17 explosion at West Fertilizer CO' r
an engineer hired by the city says.
Jed Walker of Walker and Associates in Waco says West needs $17.7 million
dollars to fund the work.
He and West officials will meet Thursday with the Texas governor's office in
hopes of securing immediate help.
The situation is critical and requires "surgery soon," he said.
In order to reopen the most badly damaged area of the town to residents,
repairs must be made to water and sewer systems and streets, he said.
"We think we've got to get in, get the infrastructure Improved, provide a
safer reliable water system so that the people of West will have the
confidence to go back and rebuild their homes and move back in," he said.
For the time being, he said, the town is working hard to get by with the
systems it has.
"It's going to be taped up with duct tape and bailing wire but there's going
to be water," he said.
center> (West: Information For Residents, Numbers To Call, Ways To
Help) (http://www.kwtx.com/home/misc/203633421.html)

http://gray.printthis.clickability.com/pt/cpt?expire=&title=West+Needs+Millions+To+Rep... 5/30/2013

West Needs Millions To Repair Water, Sewer Systems

Page 3 of3

(West: More Headlines And Information)

(http://www.kwtx.com/home/misc/203609021.html)
(City Of West Website) (http://www.cityofwest.com/)
(West's Fallen) (http://www.kwtx.com/home/misc/203995101.html)

Find this article at:

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ARTICLE 4

West Fertilizer Plant Explosion to Cause $100M in Insured Property Losses

I PropertyCasual...

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Property Casualty 360

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West Fertilizer Plant Explosion to Cause $10oM in Insured Property

Losses
BY CHAD HEMENWAY, PROPERTYCASUALTY360.COM

April 23, 2013 Reprints

The massive explosion at a West, Texas fertilizer plant has eaused at least $100 million in
insured losses to property.
Mark Hanna, spokesman of the Insurance Council of Texas, tells PC360 from the small rural
town of about 2,800 that damages include "concussion-type losses."
That is, some homes look normal from the outside but have suffered damage.
To illustrate the point, Hanna relays a conversation he had with a resident: "She had a ean of
beans on the kitchen counter and it exploded, but no windows of her house were broken."
In other words, damages may take some time to assess because they may not immediately be
noticed. The forees related to the explosion may have affected structures and vehicles
differently than a tornado, for example, although the destruction has been described as
tornado-like.
The blast April 17 destroyed 75 homes, a middle school, an apartment building, and a retirement center. Insurance adjusters are on the scene assisting
policyholders.
Hanna tells another story ofa man and his 9-year-oId son driving between the apartment building and the retirement center. The truck drove 20 yards on
two wheels when the blast occurred. Both were not seriously hurt but the truck was crumpled on one side and is totaled.
We're hearing a lot of strange stories related to the force of this blast," says Hanna. "It's like visiting the site of a tornado and hearing about straw going
through wood. It's hard to believe."
Hanna says the town is split in three sections. Residents of zone 1, the farthest away from the explosion, have been allowed back to their homes. Zone 2 was
just opened. The most affected areas remain closed off.
Hanna reports the Red Cross says it is assisting about 180 families, including those from the apartment complex. Many do not have insurance.
Plaintiffs' attorneys are also in town, says Hanna.
Authorities at a news conference today say the eause of the blast remains under investigation. Possibly hundreds of tons of ammonium nitrate was stored at
the facility, a fertilizer retailer.
See also: Who the Heek Insured This Plaee?

It is not clear who insured the West Fertilizer Co. but PC360 has learned only a handful of earriers serving the agribusiness niche would take the risk.
Independent agents handling the business would ask if ammonium nitrate was stored on the premise. This would not preclude the facility from obtaining
insurance but it would trigger additional investigation by a carrier.
PC360 has also learned many facilities like this one have stopped storing ammonium nitrate to avoid additional regulation. Facilities that do store the
volatile chemical eompound must register with the Department of Homeland Security. Reportedly, this plant did not.

EVENTS

CONNECT

2013 Propertycasualtygeo, A Summit Business Media website

http://www.propertycasualty360.com/2013/04/23/west-fertilizer-plant-explosion-to-cause-1... 5/30/2013

PICTURES FROM ARTICLE 1

A giant hole in the ceiling of the West High School gymnasium shows where an explosion at
the West Fertilizer Company a day earlier launched debris through the roof, April 18, 2013.
1.

A fire bums in a destroyed apartment complex in West, Texas on Apri118, 2013

J.

A Dallas Urban Search and Rescue Truck working the scene at the destroyed apartment
complex, April 18, 2013.

4.

Aerial view of the damage left behind by explosion, April 18, 2013.

5.

Apartment complex four days after the explosion, April 21, 2013.

Investigators stand amid the aftermath at the fertilizer plant, April 18, 2013.

7.

One of the numerous homes damaged by the explosion, April 18, 2013.

PICTURE 1

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PICTURE 3

PICTURE 4

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PICfURE 7

EXHIBIT "B"

orr OF WEST
orr COUNOL RESOLUTION

OS/23/2013

21:29

2548265969

CITY OF WEST

PAGE

01/01

WHEREAS after the explosion of the West Fertilizer on April 17, 2013 the citizens of
West incurred many physical, emotional and psychological injuries that must be
addressed.
WHEREAS, In the days following the explosion a group of citizens, aided by other State
and National organizations with experience in addressing the needs of communities and
their citizens following disasters, set about to establish a Long Term Recovery
Committee that would be formed to help the citizens of West recover from this disaster.
WHEREAS, a group of individuals has been meeting as a Long Term Recovery, and
have been working on plans to assist in the long term recovery of the citizens of West.
WHEREAS. the Long Term Recovery Committee plans on formalizing such
organization, by creating a Non-Profit corporation
WHEREAS the City Council believes the Long Term Recovery is a necessary part of
any plan to assist the citizens of West, as well as the community in recovering and
rebuilding from this,disaster
Uu--'~ ~
,
.y~UJ;
NOW THEREFORE BE IT RESOLVED that the City Council s~ the '}lark of1'tTe"
Long Term Recovery Committee, and looks forward to working together with them in
rebuilding our great City.
ADOPTED on this

~ day of May, 2013.

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