THE BY-LAWS OF THE CITY OF THE SUN FOUNDATION A Corporation Not for Profit --------- On land owned and later donated by Wayne H. and Grace Taylor, the community now known as the City of the Sun Foundation was founded and chartered with Wayne H. Taylor as Founder-President. In accordance with the terms of and under the authority of the non- profit Charter issued by the State Corporation Commission of the State of New Mexico on the 4th day of January, 1971, the original By-Laws of the City of the Sun Foundation were issued by the Board of Trustees of the Corporation. The following By-Laws, issued in July 1975, constitute a revision which supercedes previous issues and amendments. ARTICLE I - NAME The name of this Corporation shall be CITY OF THE SUN FOUNDATION. ARTICLE II - PURPOSES The purposes of this Corporation shall be: 1. To establish a community where the highest principles of brotherly love and mutual respect for each other's philosophy and ideals is a way of life. 2. For religious, educational, and charitable purposes. 3. Dedicated to helping all peoples, regardless of race or creed. 4. To assist each member in his efforts toward self-unfoldment, enlightenment, and creative participation in group decisions and activities. 5. To learn and practice methods of living and working in voluntary cooperation with others in mutual helpfulness, and to fulfill group purposes and projects, prompted by the spirit of love and guidance from within. ARTICLE III - ORGANIZATIONAL AUTHORITY Section 1. Under God and His Emissaries, and serving the Community, there shall be an elected Board of seven (7) Trustees. Section 2. In consultation with the membership, the Board of Trustees: a) Shall conduct all routine business of the Foundation; shall conduct all other Foundation business upon authorization of the membership resulting from action taken at Special Membership Meetings. (Examples of Foundation business requiring membership authorization at Special Membership Meetings: Purchase, sale, or other disposition of real estate, stocks, bonds or other securities having a market value of $500.00 or more; improvements of $500.00 or more; maintenance expenditures of $500.00 or more.) b) Shall, with the assent of the membership, hold the land, the purposes and objectives of the Foundation, in perpetual trust. c) Shall propose amendments to the By-Laws by a majority vote of the Board and/or by petition of a minimum of 1/10 of the Foundation resident membership. All amendments will require 2/3 majority of the membership for ratification. d) Shall form, change, or dissolve committees, departments and other executive groups as the need arises. It shall consider the recommen- dations of the membership in making appointments and in filling vacancies for their proper functioning. e) Shall, after consulting with the membership, make decisions concerning zoning regulations, street and city planning and management, the allotment of homesites, and other important matters. f) Shall at its discretion delegate its authority to any individual or group to carry out certain specified tasks or projects. However, no one shall exceed his authority. -1- Section 3. Neither the members of the Board, nor those serving on any other executive committee or department, shall receive any remuneration, nor shall they receive any special rights or privileges. Section 4. Neither the Board nor any of its members shall be held liable for any damages, nor incur financial or other obligations of any kind, when acting in good faith and performing their clearly designated duties within the extend of civil law and the laws and By-Laws of the Corporation. ARTICLE IV - BOARD ELECTIONS Section 1. Members of the Board of Trustees shall be elected from and by the membership, by secret ballot, at the Annual Membership Meeting to be held some time during the month of January each year. Section 2. Nominations may be made by a Nominating Committee and/or by unlimited nominations from the floor. Section 3. The Chairman, Vice-Chairman, Secretary and Treasurer of the Board may be chosen by the Board. Section 4. There shall be no limit placed upon the number of terms an elected individual may serve on the Board. ARTICLE V - OFFICERS Section 1. The Chairman of the Board shall act as presiding officer at regular and called Board meetings. The Chairman shall represent the Foundation in all business and legal matters. Section 2. The Vice-Chairman shall serve as presiding officer in the absence of the Chairman, and, in the event of the resignation or death of the Chairman, shall succeed to the office of Chairman. a) In the absense of both the Chairman and vice-Chairman, one of the officers present shall server as Chairman. Section 3. The Secretary of the Board: a) Shall give notice of all Board and other official meetings. b) Shall record accurate and complete minutes of all Board meetings, and shall post said minutes for a minimum period of ten (10) consecutive days. Section 4. The Secretary of the Foundation: a) Shall comply with the Board in regard to all matters in which the policies, objectives and projects of the Foundation are concerned, before writing or taking other action. Shall carry on such correspondence as may be delegated by the Board. b) Copies of all correspondence concerned with official business involving the Foundation, and all related papers, shall be filed and kept available. Section 5. The Treasurer: a) Shall receive and pay out the monies of the Foundation. b) Shall co-sign with the Chairman or Vice-Chairman all checks for routine disbursements, and other expenditures that the Board may authorize. c) Shall keep accurate records of all receipts, expenditures and other monetary transactions. d) Shall present financial reports at all regular Board and Membership Meetings. e) Shall surrender records annually for auditing. -2- ARTICLE VI - MEMBERS' VOTING RIGHTS AND OTHER PRIVILEGES Section 1. All resident members and all members residing in the area, 18 years of age or older, may vote at all elections and be elected or appointed to any office. Section 2. With sufficient reason the membership may call a special Membership Meeting, and on a 2/3 vote recall any individual holding an elected or appointed position who is found seriously wanting or delinquent. Section 3. The membership, through special Membership Meetings, and by a majority vote of those present, may empower the Board to transact business other than routine business, as such business develops. Section 4. The membership shall retain the right to elect the Chairman and Secretary of the Membership Meetings. Section 5. Except when functioning more or less as a grand jury, or when granting a member a private hearing, all regular and special meetings of the Board shall be open to the membership, who shall attend solely as silent cbservers excepting when invited to speak. Section 6. Any action taken by the Board of Trustees shall be referred to the resident members and those members who live in the area for approval or disapproval, if demanded by petition of at least ten percent (10%) of the membership, or by at least a majority of the Trustees. A 2/3 majority vote of the members present shall rescind the Board's action. Section 7. To provide time to petition for referendum, no action other than routine action of the Board shall be implemented until after announce- ment in the minutes has been posted for 10 days, unless the membership waives the right in specific instances. ARTICLE VII - ADMINISITRATIVE COMMITTEES AND DEPARTMENTS Section 1. In the interests of social justice and democracy, the business, spiritual and other affairs of the Foundation shall be determined and performed by group decision and activity through various committees as far as practicable. a) These committees may, in consultation with the Board and the membership, formulate plans. b) Those who are to serve in these groups may be elected cr appointed by the Board. Section 2. The following are the Committees and Departments of the Foundation, which may be changed or added to from time to time as needed: a) Devotional and Class Committee: Concerns itself with making all arrangements for classes and devotional services, and, in consultation with the Board, special occasions. b) Department of Education: Shall concern itself with educational activities and with the selection and preparation of texts, tapes, bulletins and publications. c) Department of Publishing and Printing: Shall consist of one or more coordinated ccmmittees whose combined responsibility and activity it shall be to prepare, edit, print and distribute The Golden Dawn and all other publicaticns of the Foundation. d) Department of Health: Shall concern itself with all matters pertaining to the health of the community. e) Department of Public Projects, Construction, and Property: Shall concern itself with all aspects cf community development, planning and construction activities, in compliance and accordance with the policies of the Foundation and civil laws, codes and standards. -3- h) Department of Libraries: 4 Shall have the custody and responsibility of loaning books, manuscripts, tape recordings, educational and other printed materials that are available for the use of the membership. i) Department of Historical Records: Shall have charge of the recording of noteworthy community affairs, events and historical activities. j) Central Office: Shall handle incoming and outgoing mail and the clerical work of the community, and serve as a business and information center. k) Various Ecological and Survival Preparation Committees. ARTICLE VIII - ANNUAL MEMBERSHIP MEETING Section 1. The Annual Membership Meeting of the members of the Foundation shall be held in January, with the Chairman or Vice-Chairman presiding, and shall a) Commemorate the founding of the organization. b) Review the activities and accomplishments of the organization and members during the preceding year, including reports by officers and committee chairmen. c) Announce and discuss plans and objectives for the coming year. d) Elect the members of the Board for the coming year. Section 2. A quorum of more than half of the resident membership shall be required. A vote of the majority present shall carry in elections and other matters, except where the membership determines that a 2/3 vote is required. The rule of one man one vote and no proxies shall be upheld. Absentee ballots shall be valid. ARTICLE IX - MEMBERSHIP MEETINGS Section l. The Monthly Membership Meeting shall provide opportunity: a) For the officers and committee chairmen to present their reports. b) To make announcements. c) To take up matters for discussion and/or action. d) For the membership to ask for information regarding the activities of the Foundation, Board, Committees, etc. e) To discuss and vote upon issues and propositions and to exercise the right of referendum, when necessary. f) For the membership to elect their own Chairman and Secretary. Section 2. Special Membership Meetings: a) Shall be held whenever deemed necessany. b) The date and purpose or purposes of the meeting shall be set forth in a written notice an provided to each resident member or family, a minimum of ten (l0) days before the date of the meeting. c) Written notice of the proposed meetings shall also be posted on all bulletin boards of the Foundation and announced at all meetings of the Foundation for a period of not less than ten (10) days preceding the date of the meeting. d) A special Membership Meeting may be called by the Board of Trustees or by a petition of at least ten percent (10%) of the resident members and the members living in the area. -4- ARTICLE X - MEETINGS OF THE BOARD OF TRUSTEES Section 1. The Board of Trustees: a) Shall hold regular meetings on the first Monday of each month, and special meetings as often as may be necessary, and shall notify the membership at least one day ahead of time if a change of date should prove necessary. b) Shall require a quorum of at least five (5) of the seven (7) Trustees at a Board meeting. However, in case of an emergency, a quorum may consist of the available Trustees. c) Shall consider a favorable vote of five (5) of the seven (7) Trustees necessary to pass motions. In case of an emergency meeting of less than five present, the vote would have to be unanimous. d) Shall announce and make whatever arrangements may be necessary for voting at the Annual Membership Meeting. e) Any Board member who misses more than four (4) consecutive regular Board meetings is disqualified as a Board member. Section 2. The President, Chairman or any other Trustee may call for a special meeting at any time. Section 3. Items of business shall include roll call of Trustees, reports of committees, Treasurer's report, reading of minutes of the preceding regular meeting and special meetings, communications and bills received, unfinished business, and new business. ARTICLE XI - SPIRITUAL, RELIGIOUS AND EDUCATIONAL MEETINGS Section 1. The spiritual, religious and educational classes shall be regarded as important parts of the activities of the Foundation. Section 2. The Devotional and Class Committee may arrange to have any member or guest preside over one or a series of devotional services or classes. Section 3. Our purpose is to assure that the Foundation always remains multi-faith and non-sectarian. ARTICLE XII - MEMBERSHIP - GUESTS Section l. Membership shall be open to all, irrespective of race or religious beliefs, who respond to the high ideals of the New Age, and who wish to affiliate with others of like mind and serve the Divine Purpose in community living with other Light Seekers. Section 2. The qualifications for membership are explained in these By-Laws, the Information Sheet for Prospective Members of the City of the Sun, and other material. Section 3. To help provide for the member's homesite, and other basic costs, a Community Development Donation of at least $600.00 is required. This contribution, which is the minimum, may be paid in one sum, in time payments, or partly or entirely through special arrangement in the equivalent in service to the Foundation. A substantial part of this Donation must be paid before a homesite can be assigned, a mobile home moved onto the community property, or a building permit issued. A Community Development Donation cannot be refunded after it is paid into the funds of the treasury. Section 4. A membership may be issued to an individual, to a husband and wife, to a family, or to a group which is specifically approved by the membership. Section 5. The purposes, objectives and interests of the Foundation as a whole shall have precedence over those of the individual family unit or sub- group, although great effort shall be made to be fair to all. Section 6. All guests are required to conform to the rules and regulations of the community. -5- ARTICLE XIII - HOMESITES Section 1. A homesite lot shall be assigned without cost to each individual or family unit accepted as a member of the Foundation. There shall be issued to the Assignee a certification that he/she shall hold exclusive and lifelong use of the homesite lot, until the said member's assignment is terminated by demise, resignation or abandonment, sale or other disposal of the structures on the lot, or for the duration of the 100-year charter of the Foundation. Since it retains all land in perpetual trust, all lots or land holdings shall revert back to the Foundation for reassignment. Structures occupying abandoned or relinquished lots shall be disposed of with equity to all concerned. (Abandonment is defined as the inability to make contact with the Assignee for a period of three (3) years.) Section 2. Plans for the improvement of a lot are required and are to be presented to the Board and membership for consideration and approval, and the granting of a permit. Section 3. Any resident member may sell his dwelling or other structures to another member in good standing. Only what is movable may be sold to a non-member, and it shall be removed within ninety (90) days. Section 4. Any member desiring more land for a semi-private project beneficial to the community may apply for and be granted temporary or per- manent use of additional space when approved by the Board and the membership. Section 5. Insofar as it is practical, residences, public buildings, facilities, etc., of all kinds, shall be grouped together in their respective areas through zoning regulations. The best interests of the membership and the community, in conformity with health and building codes, shall be the determining factors, in all zoning decisions. ARTICLE XIV - LIABILITY _ Section 1. Each Assignee shall be responsible for the safe maintenance of all things on his/her lot. The Foundation will not be liable for any accident on the private lots. ARTICLE XV - TAXES AND ASSESSMENTS Section l. Individual utility costs shall be the responsibility of the member. If the membership so votes, individual members may be assessed for the costs of purchasing and maintenance of specified equipment or building. Section 2. The members shall also pay county, state or other taxes levied against their homesites, residences and other personal properties, and a pro rata share of all taxes levied against the community land, build- ings and other properties. ARTICLE XVI - ECONOMY OF THE COMMUNITY Section 1. The Foundation operates on a cash basis, avoids indebtedness, and is supported largely through the donations of members and friends. Section 2. It is intended that the community eventually become largely self-supporting and se1f-sufficient. Section 3. Cooperatives providing products, services and produce will be permitted and assisted, if possible. Various self-help activities could be established within the community. Sharing and provision for the future will be encouraged. -6-