MARSHALL COUNTY FLYING CLUB, INC
BYLAWS May 2007
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The purpose of this Club shall be to provide for its members convenient means for flying at the most economical rates and fellowship.
1.
All meetings of the
members, except as herein otherwise provided, shall be held at a place to be
determined by the President.
2.
The annual club
meeting shall be held during the month of January at such time as determined by
the Board of Directors. The purpose
of this meeting is to review financial results for the preceding year and
approve the current year business plan.
Effective Jan 2002, the accounting year will be Jan 1 to Dec 31. The members will also elect by ballot a
Board of Directors as constituted in these bylaws.
3.
Notice of the annual
meetings of the members shall be given by written notice mailed to each member
at his last known place of business or residence at least ten (10) days before
such annual meeting.
4.
Special meetings of
the members may be held at such time and place as the President may determine,
or may be called by a majority of the directors or by written petition of at
least twenty percent (20%) of members.
It shall be the duty of the Secretary to call such meetings within
thirty (30) days after such demand.
5.
Notice of special
meeting of members, stating the time and in general terms the purpose thereof,
shall be given in like manner as the notice required for the regular annual
meetings. If all the members shall be
present at any gathering, any business may be transacted without previous
notice.
6.
At any meeting of the
members, a quorum shall consist of one-half of the members who are in good
standing (all fees and dues are current). A quorum is required to conduct any
club business requiring a membership vote.
7.
The President, or in
his absence the Vice-President, or in the absence of the President and
Vice-President, a Chairman elected by the members present shall call the
meeting of the members to order and shall act as the presiding officer thereof.
8.
At every meeting of
the members, each member shall have only one vote. Votes cast by mail will be accepted provided they are received by
the Secretary at least five (5) days prior to the meeting when the vote is to
be taken. Proxy votes in writing will
be accepted.
9.
A majority vote of
the members present is necessary for the adoption of any resolution and for the
election of a member to the Board of Directors.
10.
Parliamentary
procedures will be followed and minutes will be kept at all meetings.
1.
The powers, business
and property of the Club shall be exercised, conducted and controlled by a
Board of Directors of five (5) members.
2.
Each Director shall
be elected annually from the membership of the Club at the regular meeting of
the members
3.
In case of a vacancy
in the Board, the remaining Directors shall fill such vacancy by appointment
from the Club membership. If two (2) or
more vacancies occur at any one time, they shall be filled by vote of the members
at a meeting duly called.
4.
No later than one
week after each annual meeting of members, the newly elected Directors shall
hold a meeting and organize by the election of a President, Vice-President,
Secretary, Treasurer and Aircraft Maintenance Officer; and transact any other
business.
5.
The Board of
Directors will meet on a quarterly basis to review business plan results and
other club issues.
6.
Special meetings of
the Board of Directors shall be called at any time on the order of the
President or on the order of three (3) Directors.
7.
Notice of special
meetings of the Board of Directors stating the time and, in general terms, the
purpose shall be mailed or personally given to each Director not later than
three days before the day appointed for the meeting. If all Directors shall be present at any meeting, any business
may be transacted without previous notice.
8.
Three (3) Directors
shall constitute a quorum of the Board at all meetings and the affirmative vote
of at least three (3) Directors shall be necessary to pass any resolution or
authorize any act of the Club
9.
Each member of the
Board of Directors shall serve without any compensation or reward, except as
otherwise provided in these bylaws.
10.
The Board of
Directors shall cause to be kept a complete record of all its acts and
proceedings of its meetings and to present a full statement at the regular
meeting of the members, showing in detail the condition of the affairs of the
Club.
11.
The Board of
Directors may assign to any member any duty or office which the Board deems
appropriate and necessary to the conduct of the Club and which is not otherwise
expressly provided for in these bylaws.
12.
The Board of Directors may engage salaried personnel from
outside the Club membership to perform such services in behalf of the Club as
the Board deems appropriate and necessary.
13.
The Board of
Directors shall have the power and authority to promulgate and enforce all
rules and regulations pertaining to the use and operation of Club property and
to do and perform or cause to be done and performed any and every act which the
Club may lawfully do and perform.
1.
The Board of
Directors of the Club shall have a President, Vice-President, Secretary,
Treasurer and an Aircraft Maintenance Officer.
2.
The President,
Vice-President, Secretary, Treasurer and Aircraft Maintenance Officer shall be
elected by the Board of Directors from their own number at the first meeting
after organization of the corporation and thereafter at the first meeting after
the regular annual meeting of the members and shall hold office for twelve (12)
months and until their successors are elected and qualified.
3.
The Treasurer shall
be bonded, the premium therefore to be at the expense of the Club.
1.
The President shall
be the Chief Executive Officer of the Club.
He shall preside at all meetings of the club and the board of
Directors. He may call any special
meeting of the members or the Board of Directors and shall have, subject to the
advice and control of the Directors, general charge of the business of the
Club, and shall execute with the Secretary, in the name of the Club, contracts
and instruments other than checks which have been first approved by the Board
of Directors.
2.
The President shall
be responsible to the Board of Directors for the operation of the Club. He shall make and enforce decisions
regarding the suitability of all equipment and the qualifications of all
members. He shall recommend for
approval to the Board of Directors all operational rules of the Club and shall
report with recommendations all violation of such rules by any member of the
Club.
1.
The Vice-President
shall be vested with all the powers and shall perform the duties of the
President in case of the absence or disability of the President.
2.
The Vice-President
shall also perform such duties connected with the operation of the Club as he
may undertake at the suggestion of the President.
ARTICLE VII – SECRETARY
1.
The Secretary shall
keep the minutes of all proceedings of the members and of the board of
Directors in books provided for that purpose.
He shall attend to the giving and serving of notices of all meetings of
the members and of the Board of Directors and otherwise. He shall keep a proper membership book
showing the name of each member of the Club, the book of bylaws, the Club Seal,
if any, and such other books and papers as the Board of Directors may
direct. He shall execute with the
President, in the name of the Club, contracts and instruments which have been
first approved by the Board of Directors.
In the absence or disability of the Treasurer and under the direction of
the President he shall execute in the name of the Club checks for expenditures
authorized by the Board of Directors.
He shall also maintain an appointment book for the operation of the
aircraft.
2.
The Secretary shall
perform all duties incident to the Office of the Secretary, subject to the
control of the Board of Directors.
3.
The secretary shall
perform all duties connected with the operation of the Club as he may undertake
at the suggestion of the President.
1.
The Treasurer shall
receive and deposit all funds of the Club in the bank selected by the Board of
Directors, which funds shall be paid out only by check as hereinbefore
provided. She/he shall also account for
all receipts, disbursements and balance on hand.
2.
The Treasurer will
provide a monthly report of the financial status of the Club to the Board of
Directors and a quarterly report to every member.
3.
The Treasurer will
inform the President on the fifteenth (15th) of each month if any
members are delinquent and notify her/him when such delinquency plus any fines
have been paid.
4.
The Treasurer shall
perform all duties incident to the Office of the Treasurer, subject to the
control of the Board of Directors.
5.
The Treasurer shall
also perform such duties connected with the operation of the club as she/he may
undertake at the suggestion of the President.
ARTICLE
IX – AIRCRAFT MAINTENANCE OFFICER
1.
The Aircraft
Maintenance Officer shall be responsible for maintaining current information in
the logbooks of the aircraft.
2.
The Aircraft
Maintenance Officer shall be responsible for maintaining the aircraft in
airworthy operating condition, by or under the supervision of a properly
certificated aircraft and power plant mechanic, and for obtaining all
inspections, major overhauls and for compliance with all service bulletins for
the aircraft.
3.
The Aircraft
Maintenance Officer shall be responsible for all papers required to be carried
in the aircraft and for the execution of all papers required upon the
completion of inspections and major repairs.
1. If any Office, other than that of President, becomes vacant for any reason, the President shall appoint an interim successor until such time as the Board of Directors shall elect a successor from the membership who shall hold office for the unexpired term. If the Office of President becomes vacant, the Vice-President shall become President and the Board of Directors shall elect a new Vice-President from the membership.
1. A Safety Board shall be designated by the Board of Directors for each aircraft accident involving either a member of the Club or any equipment belonging to the Club, providing such accident resulted in damage to equipment exceeding a sum of Five hundred ($500.00) dollars.
2. The Safety Board shall consist of five (5) members of the Club who were not involved in the accident.
3. The Safety Board shall take all steps necessary to ascertain the facts, conditions and circumstances for the accident; shall arrive at conclusions regarding the probable cause and the responsibility for said accident; and shall make known to the board of Directors and to all parties involved in the accident, its findings in the form of a written report.
ARTICLE XII –
HEARINGS
1. The Board of Directors, upon receipt of the findings of the Safety Board shall offer to all parties involved in the accident the opportunity of a hearing. After the hearing, or if such hearing is waived by all the parties involved in the accident, the Board of Directors shall decide the financial responsibility. The decision of the Board of Directors shall be final.
2. The Board of Directors shall not impose financial responsibility on any one member in excess of the insurance deductible amount for any one accident, unless the damage results from a violation which is not covered by insurance carried on the aircraft; then the party responsible for the damage shall be liable for the full amount. Recommendation of the Board should be approved by recorded vote of all Club members.
3. All financial obligations imposed on any member as a result of the decision of the Board of Directors shall be satisfied within thirty(30) days of written notice. Otherwise, in the case of a member, all unsatisfied monies may be deducted from the membership fee, the remainder of which shall be returned to the member with a cancellation of membership in the Club.
1. All applications for membership shall be submitted to the Board of Directors. A simple majority of the Board of Directors is needed for acceptance of the applicant. No person shall be excluded on the basis of race, religion or sex. All prospective members will have at a minimum a valid private pilot’s certificate.
2.
Membership shall be
limited to fifteen (15) in number for the first aircraft and not more than
fifteen (15) for each additional aircraft.
Honorary Members, those members without flying privileges, are not
included in these numbers. The
insurance carrier may impose other restrictions on membership—currently the
club is limited to thirty total members
3.
Membership prior to Jan 2002: Members
must notify the club of intent to withdraw in writing. The refund will be made immediately if the withdrawing
member has identified a replacement pilot acceptable to the club, otherwise, refunds will made based on the
date of the request and availability of funds from the club accounts. The amount of the refund equals the
initiation fee less any monies, dues, or fines owing the club. A withdrawing member retains flight
privileges as long as dues remain current and until the refund is paid out.
4.
Membership after Jan 2002: Starting
Jan 2002, the initiation fee for new members
is reduced from $1500 to $600,
and is not refundable upon withdrawal of the member from the flying
club. The share value is retained as
club capital to be returned to the specific member upon dissolution or
reorganization of the Marshall County Flying Club. (See dissolution bylaws)
5.
A member may be
expelled by a quorum voting at any regular or special meeting of the board of
directors.
6.
Membership will be of
three classes. Charter Members are the
founding members and will be entitled to sell their ownership to the Club for
the full amount of investment. Honorary
Members are non-flying, non voting members.
Honorary Members will be entitled to sell their ownership to the Club
for the full amount of investment or may convert membership to a Charter Member. All other members are Equity Members. Equity Members who paid $1500 to join the
club, will be entitled to sell their ownership to the Club for the amount of
investment less two hundred fifty ($250.00) dollars. Members who paid only $600
to join are not entitled to sell their ownership back to the club
1.
Initiation
Fees. A person duly elected to the Club as provided for
by these bylaws shall be deemed a member upon payment of the appropriate fee.
2.
Dues. Each
member, except Honorary Members, shall be assessed monthly dues for the current
amount, said dues to be payable one (1) month in advance, due on the first (1st)
day of each month. The monthly dues may
be changed from time to time at the discretion of the Board of Directors.
3.
The hourly aircraft
rates shall be determined by the Board of Directors and shall be posted at the
airport.
4.
All hourly aircraft
rate charges shall be paid in accordance with the rules promulgated by the
Board of Directors.
5.
Hourly aircraft
charges will be based on Hobbs Meter.
The time, pilot’s name, date, oil and fuel shall also be recorded.
6.
Delinquency. Any member
who has failed to pay the dues, hourly aircraft rate charges or any other sum
due the Club within specified time, shall be considered a delinquent member and
shall be automatically suspended from both flying the Club aircraft and
engaging in any other Club activity.
1. No member may authorize expenditures or otherwise incur financial obligations in the name of the Club except as expressly provided for in these bylaws or other regulations duly promulgated by the Club membership.
2.
The Maintenance
Officer must consult with the Treasurer before authorizing any work to
determine whether there are sufficient funds to pay for the work.
3.
Individual members
will be reimbursed for any personal expenditures when such expenditures are for
club aircraft repairs or maintenance necessary to safely complete a trip back
to the Airport. Before making any such expenditure, the club member must first
communicate with and get the approval of the maintenance officer or his/her
designee.
4.
No member, officer,
Director or any other individual shall obligate the Club to any purchase,
repair, service or in any manner without the approval of the Board of
Directors.
5.
A quorum of the Board
of Directors may authorize repairs and payment for such repairs to maintain the
club’s airplanes in airworthy and safe conditon.
1.
The Board of Directors
shall develop, or cause to be developed, a Flight Proficiency Program for all
members which may include, but not necessarily be limited to, periodic check
rides with qualified flight instructors, minimum number of flight hours per
month, minimum number of landings per month and periodic refresher
courses.
2.
The Board of
Directors shall develop, or cause to be developed, a set of Flight Rules. The Flight Rules will take into
consideration varying levels of members’ experience and proficiency and the
type of aircraft to be flown.
The net savings or surplus remaining after all operating costs and other expenses have been paid shall remain in the Club’s treasury for the purchase of new equipment, for engine overhaul, for contingencies or for the purpose of reducing the hourly rates for flying as shall be determined by the Board of Directors. The net savings in any event shall not be distributed to the members for their individual use.
1. These bylaws may be repealed or amended or new bylaws adopted at any meeting of the members called for that purpose or any regular meeting of the members by a two-thirds majority vote of such members.
2.
Fifty percent (50%)
of the members in good standing (all fees and dues are current) shall be
considered a quorum.
1.
This
article outlines the process of club dissolution or reorganization with respect
to the disposition of remaining club
assets. The intent is that all members
in good standing will share in distribution of club assets, if any remain, as
the result of the club dissolving or undergoing a major re-organization.
2. Each member has an equity position in the club based on their initiation fee and the length of time they were an active member. Each member’s equity position is calculated relative to all others based on the amount of the fee originally paid and the length of membership in the club. The net assets after all other settlements are complete, is proportioned accordingly. This analysis will be made periodically by the board of directors.
Marshall
County Flying Club, Inc.
Flying
Rules
1.
All members of the
Club shall comply with all Federal Aviation Regulations, state, airport,
insurance policies and provisions, and Club rules while operating Club
aircraft.
2.
A violation of any of
the Club's rules by a member renders him liable to either a temporary flight
suspension of not more than thirty (30) days or a monetary fine not to exceed
three hundred ($300.00) dollars, or both.
3.
All members must be
checked out and approved for solo by a flight instructor designated by the
Board of Directors before soloing any Club aircraft. Any instruction in a club
airplane must be done by a board approved flight instructor.
4.
Absolutely no smoking
by any individual, member or otherwise, in or around the airplane at anytime.
5.
Any addition of oil
at anytime must be reported to the maintenance officer. This can be
accomplished via a logbook kept in the hangar.
6.
All members must
report to the maintenance officer or his/her designee, any observed aircraft
deficiency, real or perceived.
7.
A member must perform
a thorough preflight inspection of the aircraft, including a visual inspection
of the fuel quantity, prior to commencing flight. Any damage or discrepancies
discovered by a member will be assumed to be the responsibility of the last
user unless it has been reported previously to the Maintenance Officer. If a
condition is discovered which may affect the airworthiness of the aircraft, the
aircraft shall not be flown until cleared by the Maintenance Officer.
i.
I
8.
Each member must
ascertain that the airworthiness and registration certificates, appropriate
operating limitations information, current aircraft radio station license and
operator's manual are in the aircraft prior to commencing flight.
9.
All aircraft
operating limitations must be observed. Aerobatic maneuvers are prohibited
except those which are permissible under the operating limitations when the
aircraft is operated in the utility category.
10.
Flight plans are
encouraged to be filed with the FAA for flights over sparsely populated areas;
mountainous, wooded or desert terrain; or for extended over water flight.
11.
The schedule officer
must be notified of the destination of all flights which will result in the
aircraft being gone from the Marshall County Airport more than twenty-four (24)
hours. The member will provide the destination airport and a telephone number
where they can be reached.
12.
Any member with less
than two hundred (200) hours total flying time who lands on an unapproved field
due to an emergency must call the President before attempting a takeoff from
the field. The President shall decide whether the member should attempt the
takeoff alone or wait until a more qualified pilot arrives.
13.
Upon completion of a
flight, the pilot must tidy up the aircraft. Ash trays will be emptied, waste
paper and extra charts (a sectional chart for the local area should be kept in
the aircraft) will be removed, seat belts will be straightened, etc.
14.
All tanks will be
topped at the end of every flight unless the member next scheduled to fly is on
hand and there is sufficient fuel for the intended flight. In no case will the
tanks be left less than full after the last flight of the day.
15.
All members must take
a proficiency ride every twelve (12) months with a flight instructor designated
by the Board of Directors. Following a proficiency check, the flight instructor
shall recommend to the Board either continued solo privileges or additional
dual or ground instruction for the member. Additionally, all members must
accumulate 3 hours of flying time every 180 days. This requirement may be
satisfied in planes other than those owned by the club, but should be in the
most complex plane of the same make and model. Time accumulated in the most
complex plane will satisfy requirements for all club planes, but not vice
versa. Members not meeting these proficiency rules will be required to take a
check ride with a board approved flight instructor prior to flying.
16.
No member (except the
Maintenance Officer) may perform any maintenance on Club aircraft, other than
preflight inspection, without authorization from the Maintenance Officer.
17.
Club aircraft may not
be used to give flight instruction to anyone except Club members.
18.
Minimum Guaranteed
Flight Time . When a pilot retains control of an aircraft for any consecutive
24 hour period, he shall be subject to a minimum charge for that day. This
minimum charge shall be one hour for each weekday and two hours for each day of
weekends and holidays.
19.
If more than 15
minutes late for a reservation, the reservation shall be void.
20.
A calendar will be
kept at the airport to either call in or physically sign up for a requested
time or reservation. Be courteous and call if you will not keep a reservation.
21.
It will be the
pilot's responsibility and will be imperative that the pilot log each
transaction in the book provided for this purpose.
22.
Envelopes will be
provided for duplicate entries of each transaction. They will match the plane's
log book entry. Pilots will then figure what is owed and seal it inside the
envelope. It will be the pilot's responsibility to make payments to the Club
within three (3) days of the transaction. Make checks payable and mail to
Marshall County Flying Club, Inc. You may also direct payment to the Club
Treasurer. No Credit Cards Accepted.
23.
In the event of an
accident, incident or any such causing damage to an aircraft operated by the
Club while you are a pilot in command of said aircraft in which the accident, incident
or damage has been found to be the result of pilot error, he/she will agree to
pay or reimburse the Club any deductible amount listed on the existing
insurance carried by the Club.
24.
Whenever a pilot
returns an aircraft more than two (2) hours in advance of its scheduled arrival
back at Marshall County Airport, he shall be responsible, immediately upon
landing, for notifying the scheduling officer of the early return or update the
calendar in the airport office.
25.
The use of club planes for “plane rides” in
either commercial or charitable events is prohibited. This includes but is not
limited to such events as breakfast fly-ins, “Young Eagles”, “Angel Flight”,
etc.
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