First a little history....
TMTC has always attempted to be a 501C3 Charitable Nonprofit Organization. It was supposed to be done at the conception in 1999. But, the ball was dropped.
Evidently it's not so easy to pick the darn ball up. Over the past 7 years many have attempted to take this task on ....but kept runing into dead ends.
We had just decided that we'd have to settle on at 501C4 Recreational Nonprofit, which does not carry the charitable status we so desperately need for tax deductible donations.
Then out of the clear blue Leslie, TMTC Treasurer, recieved a call from the IRS, saying all is not lost...there may still be a chance to achieve the elusive 501C3.
1st problem....the IRS needs us to change our bylaws...and they want it done by Feb 15, 2007.
We do the impossible all the time....but we can't do this. But, they will accept due diligence...meaning we don't have to have everything complete, just show that we have started the ball rolling and won't let it's forward progress stop.
A couple of weeks ago Tom Mitchell took on the task of making a first draft of rewriting the bylaws. Most of this dosen't change much except some wording ...but some of the changes will substantially change the structure of TMTC.
We will end up with TMTC being the parent Corp and a 501c3 and each property being their own 501c4 Corporation. That will mean 3 different boards of directors.
One thing that the IRS wants us to do is have regional geographic representatives based on population. So what we have to decide is how many regions do we break the State into ...and how to get all the users represented while keeping the TMTC Board to a workable number of people.
By the first of next week we should have the first draft of the revised bylaws posted online. We really need the membership and users to comment on this.....and here's why.
There are two ways to ammend our bylaws and it is written in the currnet bylaws.
From the Bylaws:
Article XII. AMENDMENT OF THESE BYLAWS
Section 12.01 AMENDMENT
Subject to the power of the members TMTC shall adopt, amend or repeal the Bylaws of TMTC and except
as may otherwise be specified under provisions of law, these Bylaws or any one of them, may be altered,
amended or repealed and new Bylaws adopted by either:
(a) Majority approval by eligible voting members at a duly called, regular or special, General
Membership meeting.
(b) Two-thirds approval by the entire Board of Directors at a duly called, regular or special,
Board of Directors Meeting except that the Board of Directors can not make that effect to
this Article, the number of Officers or Representatives, Directors Rights, Officers Rights or
Members Rights to Inspection of The Corporate Records.
Any changes to the Bylaws by Board of Directors Action as described in these Bylaws must be presented to
the General Membership at the next regularly scheduled General Membership Meeting. The notice of said
meeting shall include information on the change to the Bylaws. The General Membership upon review at
the General Membership Meeting can make a motion to have this change added to the Ballot for a vote at
the following General Membership Meeting.
A majority denial of the General Membership at a duly called meeting will overturn the decision by the
Board of Directors with regards to changes of the Bylaws as expressed by this Article.
........We couldn't do option (b)....That would put the board going to the Gen Membership to discuss the changes during the July 07 GM Meeting....then the membership voting on it at the Jan 08 meeting. Our bylaws were written this way on purpose...to keep the board from making spur of the moment bylaw changes. We decided the fastest way was to go for option (a). By letting the members that were in attendance at the Jan 07 meeting vote on having a special called meeting in April to discuss the changes and then vote on them at the July 07 GM Meeting.
Please read the original bylaws
http://www.texasmotorizedtrails.com/About+TMTC/Corporate+Documents ...and read the revised ones when I post them.....speak up ....we need to know your thoughts
Thanks
Laura
TMTC Outreach Director/OHV Rep