SUMMARY OF THE April
MEETING
OF THE BOARD OF REGENTS
OF
THE UNIVERSITY OF THE STATE OF NEW YORK
Held in Buffalo, Erie and Niagara Counties, New York
April 19 and 20, 2004
David Johnson, Secretary
Board of Regents
The Board of Regents of
The University of the State of New York held a public session on Tuesday,
April 20, at 1:15 p.m. pursuant to a call
duly sent to each Regent.
MEETING OF
THE FULL BOARD, Tuesday,
April 20
Board Members
in Attendance:
Robert M.
Bennett
Adelaide L. Sanford
Saul B. Cohen
Robert M. Johnson
Merryl H. Tisch
Geraldine D. Chapey
Arnold B. Gardner
Harry Phillips, 3rd
Joseph E. Bowman, Jr.
James R. Tallon, Jr.
John Brademas
Also
present were the President of The University and Commissioner of Education,
Richard P. Mills and the Secretary, Board of Regents, David Johnson. Regents Diane McGivern, James C. Dawson, Anthony
S. Bottar, Lorraine A. Cortés-Vázquez
and Milton L. Cofield, were absent and excused. Regents James C. Dawson, Lorraine A. Cortés-Vázquez and Milton L.
Cofield were in attendance at the monthly meeting and only absent from the
Meeting of the Full Board.
Chancellor Bennett called the meeting to order at 1:15 p.m.
BR (CA) 1
MOVED,
that each application be approved in accordance with the recommendations
contained in the respective summaries.
Regents
Authorization – State University of New York at Stony Brook: Master of Public Health (M.P.H.)
BR (CA) 2
MOVED, that the
State University of New York Board of Trustees be authorized, effective April
20, 2004, to confer the degree of Master of Public Health (M.P.H.) on students
successfully completing registered programs at the State University of New York
at Stony Brook.
The
Graduate College of Union University: Authorization to Confer Honorary Degrees
BR (CA) 3
MOVED, that the Trustees of
The Graduate College of Union University, Schenectady, be authorized, effective
April 20, 2004, to confer the following honorary degrees on June 12, 2004: Doctor of Humane Letters (L.H.D.) on Robert
M. Veatch, Doctor of Pedagogy (Pd.D.) on Jennifer Wolfe, and Doctor of Science
(Sc.D.) on John E. Kelly, III.
VOTED,
that Richard F. Lindstrom be reappointed to the New York State Teachers’
Retirement System Board for a three-year term commencing May 6, 2004 and
expiring May 6, 2007.
MOVED, that the
Board of Regents approve by consent the following coded items: BR (CA) 1-4.
Motion by: Regent Saul B. Cohen
Seconded by: Regent Harry Phillips, 3rd
Action: Motion carried
unanimously
ACTION ITEMS
BR (A) 1
MOVED, that the Summary of the March 2004 Meeting of the Board of Regents of
the University of the State of New York be approved.
Motion by: Regent Robert M. Johnson
Seconded by: Regent Joseph E. Bowman, Jr.
Action: Motion carried unanimously
Charter School Application
Under the New York Charter Schools
Act of 1998, the Board of Regents is authorized to make recommendations on
proposed charters submitted by another charter entity. The Board reviewed a proposed charter from
the Chancellor of the New York City Department of Education, the Peninsula
Preparatory Academy Charter School, CSD 27/Instructional Region 5.
MOVED,
that the Board of Regents
approve the proposed charter for the following charter school based upon the
information contained in the attachment and upon a finding by the Board of
Regents that (1) the charter school described in the applications meets the
requirements set out in Article 56 of the Education Law, and all other
applicable laws, rules, and regulations; (2) the applicant can demonstrate the
ability to operate the school in an educationally and fiscally sound manner;
and (3) granting the application is likely to improve student learning and
achievement and materially further the purposes set out in subdivision two of
section twenty-eight hundred fifty of Article 56 of the Education Law:
Peninsula Preparatory Academy Charter School.
MOTION BY: Regent Saul B. Cohen
APPENDIX I
NEW YORK STATE BOARD OF REGENTS
CHARTER ACTIONS
April 20, 2004
JUDAIC CENTER FOR HISTORY AND CULTURE OF CENTRAL NEW YORK
Voted, that
1 A provisional charter valid for a term of five
years is granted incorporating Janina Casper, Mark H. Field, Jil J. Hammer,
Gwen E. Kay, Alexander E. Holstein, William C. Marcus, Rita T. Kanter, Bette S.
Siegel, Martin D. Miller, Howard L. Weinberger, Michael A. Moss, David A.
Yaffee, Frederick Zolna, Robert D. Zucker and their associates and successors
as an education corporation under the corporate name of Judaic Center for
History and Culture of Central New York, located in Syracuse, county of
Onondaga and state of New York.
2. The
purposes for which such corporation is formed are:
a. To preserve the history of Jews in the
Central New York community and surrounding area;
b. To encourage the growth of local Jewish
culture and to provide a variety of services and programs not provided by other
Jewish organizations;
c. To gather, collect, own, hold,
preserve, exhibit, display and make available for study artifacts, books,
manuscripts, photographs, historical documents, films, and other records and
materials relating to the history and culture of Jewish people in the Central
New York area;
d. To bring together those people
interested in local Jewish history, encourage public interest in that history,
sponsor historical meetings, programs and events, sponsor exhibits, issue
publications, and utilize all means of communication including printed
materials, electronic mail, videoconferencing and web site information;
e. To create organizational ties to other
local and national Jewish groups, libraries, museums, and like organizations,
and work to bring their resources to Syracuse; and
f. To provide assistance to individuals and
groups doing research using the materials maintained by the Center, internet
resources, or relationships developed by the center with other Jewish cultural
and historical organizations.
3. The
persons named as incorporators shall constitute the first board of
trustees. The board shall have power to
adopt bylaws, including therein provisions fixing the method of election and
the term of office of trustees, and shall have power by vote of two-thirds of
all the members of the board of trustees to change the number of trustees to be
not more than twenty-five nor less than five.
4.
The names and post office addresses of the first trustees
are as follows:
Janina
Casper
15
Bradford Drive
Syracuse,
NY 13224
Mark
H. Field
5130
Brockway Lane
Fayetteville,
NY 13066
Jil
J. Hammer
918
Nottingham Road
Jamesville,
NY 13078
Gwen
E. Kay
215
Dewitt Road
Syracuse,
NY 13214
Alexander
E. Holstein
314
Kimber Road
Syracuse,
NY 13224
William
C. Marcus
5040
Bridle Path Road
Fayetteville,
NY 13066
Rita
T. Kanter
4936
Tanglewood Lane
Manlius,
NY 13104
Bette
S. Siegel
224
Stolp Avenue
Syracuse,
NY 13207
Martin
D. Miller
214
Oakmont Drive
Syracuse,
NY 13214
Howard
L. Weinberger
503
Hamilton Parkway
Dewitt,
NY 13214
Michael
A. Moss
6234
The Hamlet
Jamesville,
NY 13078
David
A. Yaffee
201
Greenwood Road
Dewitt,
NY 13214
Frederick
Zolna
101
Enfield Place
Syracuse,
NY 13214
Robert
D. Zucker
105
Donridge Drive
Dewitt,
NY 13214
5. The corporation hereby created shall be
a nonstock corporation organized and operated exclusively for educational
purposes, as defined in section 501(c)(3) of the Internal Revenue Code of 1986
(or the corresponding provision of any future Federal tax code), and no part of
the net earnings or net income shall inure to the benefit of any member,
trustee, director or officer of the corporation, or any private individual
(except that reasonable compensation may be paid for services rendered to or
for the corporation), and no member, trustee, director or officer of the
corporation, or any private individual, shall be entitled to share in the
distribution of any of the corporate assets upon dissolution of the
corporation.
6. Notwithstanding
any other provision of these articles the corporation shall not carry on any
other activities not permitted to be carried on (a) by a corporation exempt
from Federal income tax under section 501(c)(3) of the Internal Revenue Code of
1986 (or the corresponding provision of any future Federal tax code) or (b) by
a corporation, contributions to which are deductible under section 170(c)(2) of
the Internal Revenue Code of 1986 (or the corresponding provision of any future
Federal tax code).
7. No
substantial part of the activities of the corporation shall be devoted to
carrying on propaganda, or otherwise attempting to influence legislation,
(except to the extent authorized by Internal Revenue Code section 501(h) as
amended, or the corresponding provision of any future Federal tax code, during
any fiscal year or years in which the corporation has chosen to utilize the
benefits authorized by the statutory provision) and the corporation shall not
participate in or intervene (including the publishing or distribution of
statements) in any political campaign on behalf of or in opposition to any
candidate for public office.
8. Upon
dissolution of the corporation, the board of trustees shall, after paying or making
provision for the payment of all the liabilities of the corporation, dispose of
the remaining assets of the corporation exclusively for one or more exempt
purposes, within the meaning of section 501(c)(3) of the Internal Revenue Code
of 1986 (or the corresponding provision of any future Federal tax code), or
shall distribute the same to the Federal government, or to a state or local
government, for a public purpose. Any
such assets not so disposed of shall be disposed of by order of the Supreme
Court of the State of New York in the judicial district where the principal
office of the corporation is then located, exclusively for such purposes or to
such organization or organizations, organized and operated exclusively for such
purposes, as said Court shall determine.
9. The
institution to be maintained by the corporation shall be located at Syracuse,
New York. The mailing address of the corporation shall be P.O. Box 241,
Syracuse, New York 13214.
10. The Commissioner of Education is
designated as the representative of the corporation upon whom process in any
action or proceeding against it may be served.
11. Such provisional charter will be made absolute
if, within five years after the date when this charter is granted, the
corporation shall acquire resources and equipment which are available for its
use and support and which are sufficient and suitable for its chartered
purposes in the judgment of the Regents of the University, and shall be
maintaining an institution of educational usefulness and character satisfactory
to the Regents. Prior to the expiration
of said five-year period, an application for the extension of such provisional
charter or for an absolute charter will be entertained by the Regents, but in
the event that such application is not made, then at the expiration of said
term of five years, and upon notice by the Regents, such provisional charter
shall terminate and become void and shall be surrendered to the Regents.
MARSHALL HISTORICAL SOCIETY
Voted, that
1. A
provisional charter valid for a term of five years is granted incorporating
John G. Reile, Dorothy E. McConnell, Edith M. Eastman, Dale L. Allen, Anne W.
Jasek, Ruth E. Allen, John R. McConnell and their associates and successors as
an education corporation under the corporate name of Marshall Historical
Society, located in Deansboro, county of Oneida and state of New York.
2. The
purposes for which such corporation is formed are:
a. To promote and encourage original
historical society;
b. To disseminate and encourage a greater knowledge
of the history of the state of New York and particularly of the town of
Marshall and its environs;
c. To gather, preserve, display and make
available for study artifacts, relics, books, manuscripts, papers, photographs,
and other records and materials relating to the history of the state of New
York and particularly of the town of Marshall and the surrounding area;
d. To encourage the suitable marking of
places of historic interest; and
e. To acquire by purchase, gift, devise,
or otherwise the title to or the custody and control of historic sites and
structures, and to preserve and maintain such sites and structures.
3. The
persons named as incorporators shall constitute the first board of
trustees. The board shall have power to
adopt bylaws, including therein provisions fixing the method of election and
the term of office of trustees, and shall have power by vote of two-thirds of
all the members of the board of trustees to change the number of trustees to be
not more than twenty-five nor less than five.
4. The names and post office addresses of
the first trustees are as follows:
John G.
Reile
1474
Alabam Road
Oriskany
Falls, New York 13425
Edith M.
Eastman
2360 NYS
Route 315
Deansboro,
New York 13328
Anne W.
Jasek
7972
Canning Factory Road
Waterville,
New York 13480
John R.
McConnell
2816 Post
Street
Clinton,
New York 13323
Dorothy E.
McConnell
2816 Post
Street
Clinton,
New York 13323
Dale L.
Allen
2758 NYS
Route 12B
Deansboro,
New York 13328
Ruth E.
Allen
2758 NYS
Route 12B
Deansboro,
New York 13328
5. The corporation hereby created shall be
a nonstock corporation organized and operated exclusively for educational
purposes, as defined in section 501(c)(3) of the Internal Revenue Code of 1986
(or the corresponding provision of any future Federal tax code), and no part of
the net earnings or net income shall inure to the benefit of any member,
trustee, director or officer of the corporation, or any private individual
(except that reasonable compensation may be paid for services rendered to or
for the corporation), and no member, trustee, director or officer of the
corporation, or any private individual, shall be entitled to share in the
distribution of any of the corporate assets upon dissolution of the
corporation.
6. Notwithstanding
any other provision of these articles the corporation shall not carry on any
other activities not permitted to be carried on (a) by a corporation exempt
from Federal income tax under section 501(c)(3) of the Internal Revenue Code of
1986 (or the corresponding provision of any future Federal tax code) or (b) by
a corporation, contributions to which are deductible under section 170(c)(2) of
the Internal Revenue Code of 1986 (or the corresponding provision of any future
Federal tax code).
7. No
substantial part of the activities of the corporation shall be devoted to
carrying on propaganda, or otherwise attempting to influence legislation,
(except to the extent authorized by Internal Revenue Code section 501(h) as
amended, or the corresponding provision of any future Federal tax code, during
any fiscal year or years in which the corporation has chosen to utilize the
benefits authorized by the statutory provision) and the corporation shall not
participate in or intervene (including the publishing or distribution of
statements) in any political campaign on behalf of or in opposition to any
candidate for public office.
8. Upon dissolution of the corporation, the board
of trustees shall, after paying or making provision for the payment of all the
liabilities of the corporation, dispose of the remaining assets of the
corporation exclusively for one or more exempt purposes, within the meaning of
section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding
provision of any future Federal tax code), or shall distribute the same to the
Federal government, or to a state or local government, for a public
purpose. Any such assets not so
disposed of shall be disposed of by order of the Supreme Court of the State of
New York in the judicial district where the principal office of the corporation
is then located, exclusively for such purposes or to such organization or
organizations, organized and operated exclusively for such purposes, as said
Court shall determine.
9. The institution to be maintained
by the proposed corporation shall be located at Deansboro, New York. The
mailing address of the corporation shall be P.O. Box 232, Deansboro, New York
13328.
10. The Commissioner of Education is
designated as the representative of the corporation upon whom process in any
action or proceeding against it may be served.
11. Such provisional charter will be made absolute
if, within five years after the date when this charter is granted, the
corporation shall acquire resources and equipment which are available for its
use and support and which are sufficient and suitable for its chartered
purposes in the judgment of the Regents of the University, and shall be
maintaining an institution of educational usefulness and character satisfactory
to the Regents. Prior to the expiration
of said five-year period, an application for the extension of such provisional
charter or for an absolute charter will be entertained by the Regents, but in
the event that such application is not made, then at the expiration of said
term of five years, and upon notice by the Regents, such provisional charter
shall terminate and become void and shall be surrendered to the Regents.
NORTH TONAWANDA HISTORY MUSEUM
Voted, that
1. A
provisional charter valid for a term of five years is granted incorporating Kay
Learned, Timothy J. Neal, Donna Zellner Neal, Penny Creasey, John Borycki,
Joseph P. Armenia, Jr., Michael K. Slowinski and their associates and
successors as an education corporation under the corporate name of North
Tonawanda History Museum, located in North Tonawanda, county of Niagara and
state of New York.
2. The
purposes for which such corporation is formed are:
a. To procure, collect, care for and
display objects of lasting interest or value pertaining to the history of the
people and community life of North Tonawanda in an institution open to the
general public, and carrying on activities that foster a better understanding
of that history;
b. To maintain a website devoted to the
history and community life of North Tonawanda and the museum;
c. To publish brochures, booklets,
newsletters and other material concerning the history and community life of
North Tonawanda and the museum;
d. To seek the preservation and
maintenance of sites and structures important to the history and community life
of North Tonawanda;
e. To undertake education programs that
promote a greater awareness, appreciation and knowledge of the history and
community life of North Tonawanda by the general public;
f. To obtain, receive and administer
funds for the above purposes; and
g. To do any other act or thing incidental
to or in connection with the foregoing purposes or in advancement thereof and
to engage in any lawful act or activity permitted for chartered museums under
the Education Law of the State of New York.
3. The
persons named as incorporators shall constitute the first board of
trustees. The board shall have power to
adopt bylaws, including therein provisions fixing the method of election and
the term of office of trustees, and shall have power by vote of two-thirds of
all the members of the board of trustees to change the number of trustees to be
not more than twenty-five nor less than five.
4.
The names and post office addresses of the first trustees
are as follows:
Kay
Learned
72 Webster
Street
North
Tonawanda, New York 14120
Timothy J.
Neal
4 Webster
Street
North
Tonawanda, New York 14120
Donna
Zellner Neal
195
Goundry Street
North
Tonawanda, New York 14120
Penny
Creasey
72 Webster
Street
North
Tonawanda, New York 14120
John
Borycki
166
Delaware Street
Tonawanda,
New York 14150
Joseph P.
Armenia, Jr.
241 Adam
Street
Tonawanda,
New York 14150
Michael K.
Slowinski
325 Essjay
Road
Williamsville,
New York 14221
5. The corporation hereby created shall be
a nonstock corporation organized and operated exclusively for educational
purposes, as defined in section 501(c)(3) of the Internal Revenue Code of 1986
(or the corresponding provision of any future Federal tax code), and no part of
the net earnings or net income shall inure to the benefit of any member, trustee,
director or officer of the corporation, or any private individual (except that
reasonable compensation may be paid for services rendered to or for the
corporation), and no member, trustee, director or officer of the corporation,
or any private individual, shall be entitled to share in the distribution of
any of the corporate assets upon dissolution of the corporation.
6. Notwithstanding
any other provision of these articles the corporation shall not carry on any
other activities not permitted to be carried on (a) by a corporation exempt
from Federal income tax under section 501(c)(3) of the Internal Revenue Code of
1986 (or the corresponding provision of any future Federal tax code) or (b) by
a corporation, contributions to which are deductible under section 170(c)(2) of
the Internal Revenue Code of 1986 (or the corresponding provision of any future
Federal tax code).
7. No
substantial part of the activities of the corporation shall be devoted to
carrying on propaganda, or otherwise attempting to influence legislation,
(except to the extent authorized by Internal Revenue Code section 501(h) as
amended, or the corresponding provision of any future Federal tax code, during
any fiscal year or years in which the corporation has chosen to utilize the benefits
authorized by the statutory provision) and the corporation shall not
participate in or intervene (including the publishing or distribution of
statements) in any political campaign on behalf of or in opposition to any
candidate for public office.
8. Upon
dissolution of the corporation, the board of trustees shall, after paying or
making provision for the payment of all the liabilities of the corporation,
dispose of the remaining assets of the corporation exclusively for one or more
exempt purposes, within the meaning of section 501(c)(3) of the Internal
Revenue Code of 1986 (or the corresponding provision of any future Federal tax
code), or shall distribute the same to the Federal government, or to a state or
local government, for a public purpose.
Any such assets not so disposed of shall be disposed of by order of the
Supreme Court of the State of New York in the judicial district where the
principal office of the corporation is then located, exclusively for such
purposes or to such organization or organizations, organized and operated
exclusively for such purposes, as said Court shall determine.
9. The
principal office of the corporation shall be located at 540 Oliver Street,
North Tonawanda, New York 14120.
10. The Commissioner of Education is designated
as the representative of the corporation upon whom process in any action or
proceeding against it may be served.
11. Such provisional charter will be made absolute
if, within five years after the date when this charter is granted, the
corporation shall acquire resources and equipment which are available for its
use and support and which are sufficient and suitable for its chartered
purposes in the judgment of the Regents of the University, and shall be
maintaining an institution of educational usefulness and character satisfactory
to the Regents. Prior to the expiration
of said five-year period, an application for the extension of such provisional
charter or for an absolute charter will be entertained by the Regents, but in
the event that such application is not made, then at the expiration of said
term of five years, and upon notice by the Regents, such provisional charter
shall terminate and become void and shall be surrendered to the Regents.
ST. LAWRENCE POWER & EQUIPMENT MUSEUM
Voted, that
1. A
provisional charter valid for a term of five years is granted incorporating
Ross S. Goodyear, Paul M. Moore, Roger S. Austin, Gary F. Hargrave, William C.
Pharoah, Paul G. Shirley, William P. Shirley and their associates and
successors as an education corporation under the corporate name of St. Lawrence
Power & Equipment Museum, located in Rensselaer Falls, county of St.
Lawrence and state of New York.
2. The
purposes for which such corporation is formed are:
a. To establish and operate a museum in
St. Lawrence County, New York, that will enable the public to view and
understand the operation and utilization of antique engines, tractors, trucks,
autos, machines and equipment (the “mechanisms”);
b. To provide a better understanding to the public of the role
of such mechanisms in the development of rural America;
c. To exhibit, display, demonstrate, and show such mechanisms
at field days, fairs, exhibitions and other public programs.
d. To preserve, maintain, repair,
reconstruct, refurbish, recondition and overhaul these mechanisms; and
e. To promote the public’s interest in preserving such historic
mechanisms.
3. The
persons named as incorporators shall constitute the first board of
trustees. The board shall have power to
adopt bylaws, including therein provisions fixing the method of election and
the term of office of trustees, and shall have power by vote of two-thirds of
all the members of the board of trustees to change the number of trustees to be
not more than twenty-five nor less than five.
4. The names and post office addresses of
the first trustees are as follows:
Ross S.
Goodyear
309
Brandy Brook Road
Ellenburg
Center, New York 12930
Paul
M. Moore
723
Finnegan Road
Potsdam,
NY 13676
Roger
S. Austin
410 Stevenson Road
Rensselaer
Falls, NY 13680
Gary
F. Hargrave
10
River Street
Norwood,
NY 13666
William
C. Pharoah
83
Pleasant Street
Herman,
NY 13652
Paul
G. Shirley
22
Lincoln Drive
Massena,
NY 13662
William
P. Shirley
50
Lincoln Drive
Massena,
NY 13662
5. The corporation hereby created shall be
a nonstock corporation organized and operated exclusively for educational
purposes, as defined in section 501(c)(3) of the Internal Revenue Code of 1986
(or the corresponding provision of any future Federal tax code), and no part of
the net earnings or net income shall inure to the benefit of any member,
trustee, director or officer of the corporation, or any private individual
(except that reasonable compensation may be paid for services rendered to or
for the corporation), and no member, trustee, director or officer of the
corporation, or any private individual, shall be entitled to share in the
distribution of any of the corporate assets upon dissolution of the
corporation.
6. Notwithstanding
any other provision of these articles the corporation shall not carry on any
other activities not permitted to be carried on (a) by a corporation exempt
from Federal income tax under section 501(c)(3) of the Internal Revenue Code of
1986 (or the corresponding provision of any future Federal tax code) or (b) by
a corporation, contributions to which are deductible under section 170(c)(2) of
the Internal Revenue Code of 1986 (or the corresponding provision of any future
Federal tax code).
7. No
substantial part of the activities of the corporation shall be devoted to
carrying on propaganda, or otherwise attempting to influence legislation,
(except to the extent authorized by Internal Revenue Code section 501(h) as
amended, or the corresponding provision of any future Federal tax code, during
any fiscal year or years in which the corporation has chosen to utilize the
benefits authorized by the statutory provision) and the corporation shall not
participate in or intervene (including the publishing or distribution of
statements) in any political campaign on behalf of or in opposition to any
candidate for public office.
8. Upon
dissolution of the corporation, the board of trustees shall, after paying or
making provision for the payment of all the liabilities of the corporation,
dispose of the remaining assets of the corporation exclusively for one or more
exempt purposes, within the meaning of section 501(c)(3) of the Internal
Revenue Code of 1986 (or the corresponding provision of any future Federal tax
code), or shall distribute the same to the Federal government, or to a state or
local government, for a public purpose.
Any such assets not so disposed of shall be disposed of by order of the
Supreme Court of the State of New York in the judicial district where the
principal office of the corporation is then located, exclusively for such
purposes or to such organization or organizations, organized and operated
exclusively for such purposes, as said Court shall determine.
9. The
institution to be maintained by the corporation shall be located in the town of
Canton, county of St. Lawrence, state of New York. The mailing address of the
corporation shall be P.O. Box 164, Rensselaer Falls, New York 13680.
10. The Commissioner of Education is
designated as the representative of the corporation upon whom process in any
action or proceeding against it may be served.
11. Such
provisional charter will be made absolute if, within five years after the date
when this charter is granted, the corporation shall acquire resources and
equipment which are available for its use and support and which are sufficient
and suitable for its chartered purposes in the judgment of the Regents of the
University, and shall be maintaining an institution of educational usefulness
and character satisfactory to the Regents.
Prior to the expiration of said five-year period, an application for the
extension of such provisional charter or for an absolute charter will be
entertained by the Regents, but in the event that such application is not made,
then at the expiration of said term of five years, and upon notice by the
Regents, such provisional charter shall terminate and become void and shall be
surrendered to the Regents.