To:  Participants of the MVCAC
 
From:  Duane Nichols, Convenor
 
RE: Adoption of Six (6) Amendments to Articles of  Organization
 
ACTION:  Please vote immediately:  Yes-- for  approval,  No-- for objection.
 
NOTE:  Contributions to the MVCAC will be exempt of IRS taxes  if the MVCAC 
meets
the requirements of Section 501-c-3 of the IRS code.  We have  been informed 
by
the IRS that six amendments are needed to our Articles of  Organization.  
These required amendments are herewith proposed by Paula  Hunt for adoption by 
email vote of the Mon Valley Clean  Air Coalition.  Decision is by consensus, so 
if there are any  objections, said objections will need to be resolved at our 
upcoming  meeting
on Tuesday, January 9, 2007, at 7 pm in the Basement Meeting Area  of St. 
Paul's Lutheran Church, Patterson Drive,  Morgantown, WV. 
 
 
 
MON VALLEY CLEAN AIR  COALITION 
Articles of Organization 
Adopted: January 23, 2006 
In consideration of  health concerns relating to high levels of air 
pollutants in the Monongahela  River valley and surrounding areas, the Mon Valley Clean 
Air Coalition, a  nonprofit organization whose participants serve on a 
voluntary basis, has been  founded to promote public education and advocacy relating 
to air quality issues  and to enhance capabilities for monitoring air quality 
in the region.   
Activities may include 1) partnering  with the local school systems to 
provide educational materials regarding energy  awareness and genesis of air 
pollutants such as ozone, sulfur dioxide, volatile  organic compounds and 
particulates, 2) financially assisting in the acquisition  of air monitoring equipment to 
be used in conjunction with the school  programs,  3) exploring avenues for  
performing independent air monitoring either through direct equipment  
acquisition and operation by volunteers or via contractual agreement with a  third 
party,  4) development of  presentations and pamphlets to be used  in adult 
public outreach, 5) participation in health fairs and other public  opportunities 
for adult education, 6) the submission of data and other relevant  information 
to local, state, and federal agencies regarding the development of  rules for 
regulatory functions and environmental quality permits, 7) the writing  of 
letters and testifying at public hearings on environmental issues and  proposed 
permits for pollution control, as well as 8) the legal appeal of  permits or 
regulations within the statutory time periods set aside in the  permitting 
process.  Each of these  activities is intended only to the extent permitted under 
the Internal Revenue  Service 501-c-3 rules. 
The Mon Valley Clean Air Coalition  functions under the leadership of a 
Convenor, Secretary, and Treasurer.  These officers are chosen by consensus,  
serving short indefinite terms of less than one year under typical  circumstances.  
A Board of Directors  is made up of the current and former Convenors and 
serves to facilitate  decision-making, when necessary, between regular monthly 
meetings.  The Treasurer maintains a bank account  for the deposit of receipts 
and the payment of expenses, consistent with an  annual Budget and approval of 
the officers and/or participants. 
A list of participants is to be  maintained by the Secretary; and, an email 
list exists and is used as the  primary means of communication among the 
officers and the participants.  There is no membership fee or regular  assessment.  
Voluntary contributions  are welcomed from anyone who shares an interest in 
the objectives and mission of  the Coalition, as it is stated above. Current 
funding categories for  expenditures are 1) public education to include 
newsletters and brochures plus  expenses for seminars and other public speaking 
functions, 2) the air monitoring  project for data collection, training, and public 
awareness, 3) fees for  consultants and experts, secretarial fees, and legal 
expenses (lawyers and court  costs), and 4) other miscellaneous organization 
expenses.  
Monthly meetings involve a  systematic discussion of all the relevant topics 
at that time.  Decisions are made by consensus of those  present, and minutes 
of each monthly meeting are distributed promptly to the  participants.  
Committee meetings  are held on an as-needed basis. 
The Mon Valley Clean Air Coalition  is incorporated in the State of West 
Virginia as a not-for-profit Voluntary  Association, Control Number 77545, July 
11, 2005.  The West Virginia Taxpayer  Identification Number is WV-041-2704-001. 
 The Employer Identification Number that as been assigned by the U.S.  
Internal Revenue Service is EIN 75-3199088.  In the case of the dissolution of the  
Coalition, its monetary assets are to be donated to the American Lung  
Association and any equipment or supplies are to be donated to the Monongalia  County 
Board of Education, Morgantown, WV.  The formal address of the Coalition is 
as follows: 
Mon Valley Clean  Air Coalition 
P. O. Box  4679 
Morgantown, WV  26504 
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Amendments to Articles of  Organization
(Prepared: January 2,  2007) 
1.      The MVCAC is organized exclusively for charitable, educational, and  
scientific purposes, including for such purposes, the making of distributions 
to  organizations under Section 501(c)(3) of the Internal Revenue Code (or the 
 corresponding section of any future Federal tax code). 
    1.  No part of the net earnings of the  MVCAC shall inure to the benefit 
of, or be distributed to its members,  trustees, directors, officers or other 
private persons, except that the MVCAC  shall be authorized and empowered to 
pay reasonable compensation for services  rendered and to make payments and 
distributions in furtherance of Section  501(c)(3) purposes.
    1.  No substantial part of the  activities of the MVCC shall be the 
carrying on of propaganda, or otherwise  attempting to influence legislation, and 
the MVCAC shall not participate in,  or intervene in (including the publishing 
or distribution of statements) any  political campaign on behalf of, or in 
opposition to, any candidate for public  office.
    1.  Notwithstanding any other  provision of these articles, the MVCAC 
shall not carry on any other activities  not permitted to be carried on (a) by a 
corporation or organization exempt  from Federal income tax under Section 
501(c)(3) of the Internal Revenue Code  (or corresponding section of any future 
Federal tax code) or (b) by a  corporation or organization, contributions to 
which are deductible under  Section 170(c)(2) of the Internal Revenue Code (or 
corresponding section of  any future Federal tax code).
    1.  Upon the dissolution of the MVCAC,  assets shall be distributed for 
one or more exempt purposes within the meaning  of Section 501(c)(3) of the 
Internal Revenue Code, or corresponding section of  any future Federal tax code, 
or shall be distributed to the Federal  government, or to a state or local 
government, for public  purpose.
    1.  However, if the named recipient is  not then in existence or no 
longer a qualified distributee, or unwilling or  unable to accept the distribution, 
then the assets of the MVCAC shall be  distributed to a fund, foundation, or 
corporation organized exclusively for  the purposes specified in Section 
501(c)(3) of the Internal Revenue Code (or  corresponding section of any future 
Federal tax code).
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