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EXHIBIT 3.26
ARTICLES OF INCORPORATION
OF
ERVIN'S TRASH SERVICE, INC.
STATE OF OKLAHOMA )
)ss.
COUNTY OF TULSA )
TO: The Secretary of the State of Oklahoma;
I, the undersigned Incorporator,
George M. Miles
406 South Boulder, Suite 220
Tulsa, Oklahoma 74103
being a person legally competent to enter into contracts, for the purpose of
forming a corporation under "The General Corporation Act", of the State of
Oklahoma, do hereby adopt the following Articles of Incorporation.
ARTICLE ONE
The name of the corporation is "Ervin's Trash Service, Inc."
ARTICLE TWO
The address of its registered office in the State of Oklahoma is 201
Robert S. Kerr Ave., Oklahoma City, Oklahoma and the name of its registered
agent at such address is James E. Britton.
ARTICLE THREE
The duration of the corporation is perpetual.
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ARTICLE FOUR
The purposes for which the corporation is formed is to engage in any
lawful act or activity for which corporations may be organized under the general
corporation law of the State of Oklahoma.
The foregoing statement of purpose shall be construed as a statement
of both purposes and powers, shall be liberally construed in aid of the powers
of this corporation, and the powers and purposes stated in each clause shall,
except where otherwise stated, be in no way limited or restricted by any term or
provisions of any other clause, and shall be regarded not only as independent
purposes, but the purposes and powers stated shall be construed distributively
as each object expressed, and the enumeration as to specific powers shall not be
construed as to limit in any manner the aforesaid general powers, but are in
furtherance of and in addition to and not in limitation of said general powers.
ARTICLE FIVE
The aggregate number of shares which the corporation shall have
authority to allow is 500 divided into one class. The designation of the class,
number of shares and par value of the shares are as follows:
<Table>
<Caption>
CLASS COMMON PAR VALUE
--------------------------------------------
Common 500 $ 1.00/share
$ 500.00
</Table>
ARTICLE SIX
The amount of stated capital with which it will begin business is
$500.00 which has been fully paid.
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ARTICLE SEVEN
The number and class of shares to be allotted by the corporation
before it shall begin business and the consideration to be received by the
corporation therefore, are
<Table>
<Caption>
CONSIDERATION
CLASS OF SHARE NUMBER OF SHARES TO BE RECEIVED
- -------------------------------------------------------------------
Common 500 $ 100.00
</Table>
ARTICLE EIGHT
The number of directors to be elected at the first meeting of the
shareholders is one (1).
ARTICLE NINE
In furtherance and not in limitation of the powers conferred by
statute, the Board of Directors is expressly authorized:
(a) To adopt, amend or repeal the Bylaws of the corporation.
(b) To authorize and cause to be executed or granted mortgages,
security interests and liens upon the real and personal property of the
corporation.
(c) To set apart out of any of the funds of the corporation available
for dividends a reserve or reserves for any proper purpose and to abolish any
such reserve in the manner in which it was created.
(d) By a majority of the whole Board of Directors, to designate one
or more committees, each committee to consist of one (1) or more of the
directors of the corporation. The board may designate one (1) or more directors
as alternate members of any committee, who may replace any absent or
disqualified member at any meeting of the committee. Any such committee, to the
extend provided in the resolution or in the Bylaws of the corporation, shall
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have and may exercise the powers of the Board of Directors in the management of
the business aril affairs of the corporation, and may authorize the seal of the
corporation to be affixed to all papers which may require it; provided, however,
the Bylaws may provide that in the absence or disqualification of any member of
such committee or committees, the member or members thereof present at any
meeting and not disqualified from voting, whether or not he or they constitute a
quorum, may unanimously appoint another member of the Board of Directors to act
at the meeting in the place of any such absent or disqualified member
(e) When and as authorized by the affirmative vote of the holders of
a majority of stock issued and outstanding having voting power given at a
shareholders' meeting duly called upon such notice as is required by law, or
when authorized by the written consent of the holders of a majority of the
voting stock issued and outstanding, to sell, lease or exchange all or
substantially all of the property and assets of the corporation, including its
goodwill and its corporation franchises, upon such terms and conditions and for
such consideration, which may consist in whole or in part of money or property
including shares of stock in, and/or other securities of, any other corporation
or corporations, as its Board of Directors shall deem expedient and for the best
interests of the corporation.
ARTICLE TEN
Meetings of shareholders may be held within or without the State of
Oklahoma, as the Bylaws may provide. The books of the corporation may be kept
(subject to applicable law) inside or outside the State of Oklahoma at such
place or places as may be designated from time to time by the Board of Directors
or in the Bylaws of the corporation. Elections of directors need not be by
written ballot unless the Bylaws of the corporation shall so provide.
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ARTICLE ELEVEN
To the extent permitted by law, no contract or transaction between the
corporation and one or more of its directors or officers, or between the
corporation and any other corporation, partnership, association or other
organization in which one or more of its directors or officers are directors or
officers are directors or officers or have a financial interest, shall be void
or voidable solely for this reason, or solely because the directors or officers
are present at or participate in the meeting of the board or committee thereof
which authorized the contract or transaction, or solely because the directors or
officers or their votes are counted for such purpose.
ARTICLE TWELVE
The Board of Directors is expressly authorized to indemnify any person
who was or is a party or is threatened to be made a party to any threatened,
pending or completed action, suit or proceeding whether civil, criminal,
administrative or investigative, other than an action by or in the right of the
corporation, by reason of the fact that such person is or was a director,
officer, employee or agent of the corporation or is or was serving at the
request of the corporation as a director, officer, employee or agent of another
corporation, partnership, joint venture, trust or other enterprise against
expenses, including attorneys' fees, judgments, fines and amounts paid in
settlement to the extent and in the manner permitted by the laws of the State of
Oklahoma.
ARTICLE THIRTEEN
In furtherance and not in limitation of the powers conferred by the
laws of the State of Oklahoma, the Board of Directors is expressly authorized to
adopt, amend or repeal the Bylaws of the corporation.
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ARTICLE FOURTEEN
The corporation reserves the right to amend, alter, change or repeal
any provision contained in this Article of Incorporation, in the manner now or
hereafter prescribed by law, and all rights conferred upon the shareholders
herein are granted subject to this reservation.
ARTICLE FIFTEEN
The powers of the incorporators are to terminate upon the filing of
the article of incorporation and the name and mailing address of the person to
serve as director is as follows
Jack E. Branson
Route 2, Box 272
Beggs, Oklahoma 74421
THE UNDERSIGNED, being the incorporator hereinbefore named, for the
purpose of forming a corporation pursuant to the Oklahoma General Corporation
Act, makes this Certificate, hereby declaring and certifying that this is the
act and deed of the undersigned and that the facts herein stated are true, as of
this 22nd day of September, 1995.
/s/ George Miles
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GEORGE MILES
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STATE OF OKLAHOMA )
) ss.
COUNTY OF TULSA )
Before me, a Notary Public in and for said County and State on this
20th day of September, 1995, personally appeared GEORGE M MILES, to me known to
be the identical person who executed the above and foregoing Articles of
Incorporation and acknowledged to me that he executed the same as his free and
voluntary act and deed for the uses and purposes therein set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and seal of office the
day and year above written.
/s/ Laura Berardi
--------------------------
Notary Public
My Commission Expires:
November 22, 1998
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