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BY-LAWS



High Cut Trail Monkeys


ATV Club


Garland, ME 04939


(Established August 5, 2005)


March 16, 2010


High Cut Trail Monkeys ATV Club



ARTICLE I


Its location and principal office shall be in the County of Penobscot and town of Garland State of Maine.



ARTICLE II


Purposes and Powers


Section 1


The purpose of this corporation shall be social in nature, to-wit: To own, maintain and operate social and recreational facilities, including but not limited to clubhouses and ATV trails, for the use and benefit of its members; to encourage good fellowship among its members; to conduct ATV trail rides, and ATV races in accord with applicable law and regulations; to encourage safety and courtesy in ATV riding; and generally in all ways to advance and improve the great outdoors of ATV riding in all it forms.


To these ends the corporation shall be empowered:


To acquire by gift or purchase, whether in trust or otherwise, to hold, sell, convey, assign, mortgage, or lease any property, real or personal, necessary or incidental to the accomplishment of any of its purposes; to solicit funds, subscriptions, pledges, grants and bequests for its said purposes; to borrow money and issue evidence of indebtedness, and to secure loans by mortgage, pledge or other lien, all in furtherance of its said purposes; to apply for, obtain and contract with any governmental agency or private foundation for grants, direct loans or other financial aid and to make any other contract in furtherance of its said purposes; and to take such other and further actions as may be necessary for the accomplishment of its said purposes and not inconsistent with the specific limitations of its powers hereinafter recited.


PROVIDE, HOWEVER, that the corporation shall not be operated for profit and no part of the net earnings of the corporation shall insure to the benefits of, or be distributable to, its members, trustees, officers or other private persons, partnerships, or corporation; except that the corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distribution in furtherance of its purposes hereinbefore set forth.


PROVIDED, FURTHER, that no substantial part of the activities of the corporation shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the corporation shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of any candidate for public office.


PROVIDED, FURTHER, that notwithstanding any other provision of these articles, the corporation shall not carry on any other activities not permitted to be carried on by a corporation exempt from Federal income tax under Section 501 (c) (7) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue Law), or by a corporation, contributions to which are deductible under Section 170 (c) (2) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue Law).


PROVIDED, FURTHER, that upon the dissolution of the corporation, the officers shall, after paying or making provision for the payment of all of the liabilities of the corporation, dispose of all of the assets of the corporation exclusively for the purposes of the corporation in such manner, or to such organization or organizations organized and operated exclusively for charitable, educational, religious or scientific purposes as shall at the time qualify as an exempt organization or organizations under Section 501 (c) (7) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue Law), as the officers shall determine. Any of such assets not so disposed of shall be disposed by the Superior Court of the County in which the principal office of the corporation is then located, exclusively for such purposes or to such organization or organizations, as said Court shall determine, which are organized and operated exclusively for such purposes.


ARTICLE III


Membership; Dues


  1. Initial Members. Membership in this corporation shall consist initially of the incorporators whose signatures appear on the certificate of organization.


  1. Membership. Membership is open to any person of good character and in sympathy with the purposed of the corporation upon application to the secretary and payment of one year’s dues.


  1. Membership Classes. Membership shall consist of three classes:


  1. Family: Family membership shall include husband and wife and their children of less than 18 years of age and more than one ATV. Voting shall be limited to one vote per family.


  1. Individual: Individual members shall be a single person or persons with one ATV. An Individual member shall have one vote.


  1. Business: Business members have certain rights and privileges (see item 5 in this section). They are not voting members of the club. Employees or families of business members must become active members to enjoy club benefits.


  1. Powers. Members (16 years and older) shall be eligible to vote at all meetings of, and to hold office in, this corporation.

  2. Rights of Business Members. Upon receipt of payment of business membership dues the business member is eligible to:

  1. Have their company's logo posted on the club website and have a link to their company website.

  2. Be invited to all club events (IE; poker run, mud run, etc...) for the purpose of selling and or promoting their products.

  3. Have their logo/contact info posted on club bulletin boards, news papers, and flyer's distributed by the club.


  1. Resignation, removal. If a member, while operating an ATV violates any law or regulation, or commits any act which could reflect on the integrity of the corporation, the membership may be terminated by a majority vote of the general membership or if his annual dues remain unpaid sixty (60) days after bills therefore are mailed out by the Treasurer.


  1. Dues. Dues shall be payable on or before the 30th day of May in each year. If a new member joins the club after the 1st day of December, not having been a member of the club for the previous five years, dues for the remainder of the membership year shall be 1/2 the annual dues for that year. See addendum for cost of annual dues.



ARTICLE IV


Meetings of Membership


  1. Annual meetings. The annual meeting of this corporation for the purpose of electing officers shall be held on the 3rd Thursday of June in each year, except that if such day is a legal holiday, such meeting shall be held on the business day next following. Such meeting shall be held at some place within the City/Town of Garland designated by the President.


  1. Special Meetings. Special meetings of the membership may be called by the President at any time and shall be called by him at the written request of five (5) members stating the object thereof. Upon receipt of such request the President shall forthwith cause the Secretary to issue notice to the membership stating the time, place and object of such meeting, which shall be held not later than twenty-one (21) days after receipt by the President of request therefore. No business not related to the object stated in the request shall be transacted thereat.


  1. Quorum. A quorum for voting purposes at any meeting of the membership shall be one-fifth (1/5) of the membership at the time of the call of the meeting; however, a less interest may adjourn the meeting.


  1. Proxies. No voting by proxy shall be permitted at any meeting of the corporation.



ARTICLE V


Officers


  1. Number and designation. The management and administration of the affairs of this corporation shall be entrusted to five (5) officers: President, Vice-President, Secretary, Treasurer and Trailmaster.


  1. President. The President shall be the chief executive and administrative officer of the corporation. S/he shall preside at all meetings of the corporation.


  1. Vice-President. The Vice-President shall, in the absence of or disability of the President, have and exercise all the powers of the President. S/he shall have such other and further duties as the President may from time to time prescribe.


  1. Secretary. The Secretary shall keep an accurate record of the meetings of this corporation. S/he shall give the notice required by these by-laws of all such meetings. S/he shall notify persons of their election to or removal from membership, and shall conduct the formal correspondence of this corporation. S/he shall have custody of the minute book and other records of this corporation.


  1. Treasurer. The Treasurer shall keep the accounts and have charge of the funds of this corporation. S/he shall render a written report of the financial condition of this corporation to the membership upon request.


  1. Trailmaster. The trailmaster shall maintain all ATV trails in accordance with the general ATV trail guide lines in said town and maintain safe passage. The trailmaster will be in direct contact with effected landowners.


  1. Election of officers. The officers of this corporation shall be elected by the membership at the annual meeting of this corporation. From the nominees for each office the one receiving the highest number of votes cast shall assume that office. If there is no more than one nominee for each office, the President may waive the requirement of formal balloting and direct the Secretary to cast one ballot for the nominee. The terms of the several officers shall be one year and until there successors are elected.



ARTICLE VI


Finances; Execution of Documents


Finances. All corporate funds shall be deposited in such bank as may from time to time be designated by the officers. Corporate checks shall be signed by the Treasurer or Trailmaster. Guidelines for approval of payments of purchases are:

a.       Amounts up to $100.00 may be approved by the Trailmaster.

b.      Amounts over $100.00 and less than $500.00 must be approved by 3 officers.

c.       Amounts of $500.00 or more must be presented at a club meeting for approval.


  1. Execution of Documents. The President shall oversee all documents on behalf of this corporation, except corporate checks.


ARTICLE VIII


Amendments


The certificate of organization of this corporation and these by-laws may be amended by a two-thirds vote of the membership provided the substance of such amendment has been included in the notice of the meeting.


Addendum



Officers:


President: Jeff Tibbetts 270-1617 jefftibbets@trailmonkeys.org


Vice-President: Nick Bragdon 285-7625


Trailmaster: Ryan Robinson 924-5727 ryanrobinson@trailmonkeys.org


Treasurer: Lynn Robinson 924-5727 lmrobinson@trailmonkeys.org


Secretary: Jean Anthony 924-7194 djant@trailmonkeys.org




Club Website:

http://www.trailmonkeys.org


Webmaster – Jon Jones 924-5650 jon@trailmonkeys.org



Dues:


The current annual dues for members are as follows:

  1. $10.00 for a single member

  2. $20.00 for a family

  3. $50.00 for a business


Nothing else to see here. Move along.