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HomeMy WebLinkAbout3.a. Community Special EventsCITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR DISCUSSION COMMITTEE OF THE WHOLE: November 12, 2003 AGENDA ITEM: Community Special Events Update PREPARED BY: Dan Schultz, Parks and Recreation Director ATTACHMENTS: Non - Profit Incorporation application. AGENDA SECTION AGENDA NO. APPROVED BY: Community special events were discussed at the Committee of the Whole meeting in September 2003. The minutes from the meeting identified that the council felt strongly about clarifying the sponsorship of the events, having annual financial audits, and taking politics out of the events. The Council and staff discussed the options available to ensure a strong future for the events by involving more community members and adding structure to the organizing group. We discussed incorporation, non - profit status and City involvement. I have discussed the topic of incorporated non- profit organizations with City Attorney LeFevere. Becoming an incorporated non - profit organization would require simply applying at the Secretary of State's office and paying a $75 fee. (see attachment A) This does not make the organization a 501(c)3 non - profit. The 501(c)3 is a separate IRS tax classification which would take more time and effort than becoming just an incorporated non - profit organization. City Attoreny LeFevere indicated it was not legal for the City to have control over the board by appointing members, or for the City to directly pay to have the group incorporated or achieve the 501(c)3 status. I have also discussed the structuring options for the Halloween Event and Leprechaun Days with the organizers of both of these events. They all seemed to be in favor of improving the structure of the organizations responsible for coordinating the events. Due to the Halloween Festivities event being a one -day event that brings in minimal income, the Halloween Committee chair felt that getting the 501(c)3 status might be unnecessary. He did feel it was necessary to have a structured organization and to provide the City with whatever information was requested such as bylaws, meeting notices and minutes, financial reports, etc. The Leprechaun Days organizers felt it might be helpful to have the 501(c)3 non - profit status due to the charitable gaining money that is available in our community. They felt their contract (as an independent contractor) with the City should include any requirements that the City might have regarding bylaws, organizational structure, meeting notices and minutes, financial reports, etc. With only two events having City sponsorship, I feel that a special events policy is needed. I would recommend that we review the need for an umbrella organization by meeting annually with the event organizers to discuss the status of each event. Staff will take direction from the Council and then meet with the Mayor, Council Member Riley and the event organizers to give an update on the City's position on special events RECOMMENDED ACTION \ NOTES: Discussion Only. Minnesota Secretary of State - Non -Profit Corporations Page 1 of 1 ' 13w ine,-; Services Non - Profit Corporations The Division also reviews and files the articles of incorporation for nonprofit corporations which are formed under Minnesota Statutes, Chapter 317A. A nonprofit corporation is a corporation formed for a purpose not involving monetary gain and paying no dividends to its members. It may form for any lawful purpose, including, contrary to common belief, the conduct of commercial activities. The total filing fee for incorporation is $70. Other filings for subsequent amendments have a $35 filing fee. A registration is required once each calendar year; there is no fee charged unless the corporation is late in filing the registration, in which case there is a $25 fee. To see forms for non - profit corportations, click here There are also a number of helpful websites about non - profits and their activities maintained by the Attorney General the Minnesota Council of NonProfits , the Minnesota Council of Foundations and the Management .Assistance Program for Non - Profits Business Services I Non - Profit Corporation Forms I Non- Profit Corporation Statutes Contact Us Search our Site Horne Minnesota Secretary of State 180 State Office Building St. Paul, MN 55155 Office Hours: 8 A.M. to 4:30 P.M http: / /www.sos.state.mn.us /business /nc.html 11/5/2003 STATE OF MINNESOTA SECRETARY OF STATE ARTICLES OF INCORPORATION Business and Nonprofit Corporations PLEASE TYPE OR PRINT LEGIBLY IN BLACK INK. Please read the directions on the reverse side before completing this form. All information on this form is public information. The undersigned incorporator(s) is an (are) individual(s) 18 years of age or older and adopt the following articles of incorporation to form a (mark ONLY one): FI FOR - PROFIT BUSINESS CORPORATION (Chapter 302A) ❑ NONPROFIT CORPORATION (Chapter 317A) ARTICLE I NAME The name of the corporation is: (Business Corporation names must include a corporate designation such as Incorporated, Corporation, Company, Limited or an abbreviation of one of those words.) ARTICLE II REGISTERED OFFICE ADDRESS AND AGENT The registered office address of the corporation is: (A complete street address or rural route and rural route box number is required; the address cannot be a P.O. Box) City State Zip The registered agent at the above address is: Name (Note: You are not required to have a registered agent.) ARTICLE 111 SHARES The corporation is authorized to issue a total of shares. (If you are a business corporation you must authorize at least one share. Nonprofit corporations are not required to have shares.) ARTICLE IV INCORPORATORS I (We), the undersigned incorporator(s) certify that I am (we are) authorized to sign these articles and that the information in these articles is true and correct. I (We) also understand that if any of this information is intentionally or knowingly misstated that criminal penalties will apply as if I (we) had signed these articles under oath. (Provide the name and address of each incorpora- tor. Each incorporator must sign below. List the incorporators on an additional sheet if you have more than two incorporators.) Name Street City State Zip Signature Name Street City State Zip Signature Print name and phone number of person to be contacted if there is a question about the filing of these articles. Name Phone Number bus 3 Rev. 3 -03 0. DIRECTIONS THIS FORM MUST BE TYPEWRITTEN OR PRINTED IN BLACK INK. Choose which type of corporation you are filing. A for - profit business corporation's goal is to make money for its shareholders. A nonprofit corporation's goal is generally to return something to the community, not the financial gain of the members. In addi- tion, a nonprofit corporation cannot pay members dividends. ARTICLE I. State the exact corporate name. Business corporations MUST choose one of the following words or abbreviation of these words as part of the name of the business: Incorporated, Corporation, Limited or Company. The word "company" cannot be immediately preceded by "and" or " & ". Nonprofit corporations may use these words but are not required to do so. Name avail- ability may be checked on a preliminary basis by calling the Business Information Line at (651)296 -2803 between 8:00 a.m. and 4:30 p.m. (CT) on any working day. ARTICLE II. State the complete street address or rural route and rural route box number for the registered office address. Post office box numbers are NOT acceptable. This MUST be a Minnesota address. ARTICLE III. State the number of shares the corporation will be authorized to issue. Business corporations must be authorized to issue at least one share. Nonprofit corporations may (but are not required to) issue shares. ARTICLE IV. Only one incorporator is required. If you have more than one incorporator you must state the name and complete address for each incorporator. Each incorporator must sign. List the incorporators on an additional sheet if you have more than two incorporators. NOTE: This form is intended merely as a guide in the formation of a Minnesota corporation. It is not intended to cover all situa- tions. If this form does not meet the specific needs and requirements of the corporation, the incorporators should draft their own articles. A nonprofit corporation that wishes to apply to the Internal Revenue Service (IRS) for tax exempt status (501(c)(3) cannot use this form for its articles. The IRS has additional language requirements. That language is available from the IRS by calling (800)829 -1040. After combining the IRS language with the requirements on the front of this form, submit the articles to this Office for filing. Once the articles have been filed and returned to the corporation, the application for tax exempt status can be made to the IRS. FILING FEES: Make checks payable to the Secretary of State. Your cancelled check is your receipt. Business Corporations - $135 Nonprofit Corporations - $70 SEND FORM AND FEE TO: Secretary of State Business Services Division 180 State Office Bldg. 100 Rev. Dr. Martin Luther King Jr. Blvd. St. Paul, MN 55155 -1299 (651)296 -2803 All of the information on this form is public and required in order to process this filing. Failure to provide the requested information will prevent the Office from approving or further processing this filing. This document can be made available in alternative formats, such as large print, Braille or audio tape, by calling (651)296- 2803/Voice. For TTY communication, contact Minnesota Relay Service at 1- 800 - 627 -3529 and ask them to place a call to (651)296 -2803. The Secretary of State's Office does not discriminate on the basis of race, creed, color, sex, sexual orientation, national origin, age, marital status, disability, religion, reliance on public assistance, or political opinions or affiliations in employment or the provision of services.