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While in Minnesota for the restoration project, Wendy
Zander placed a copy of her family tree and genealogy at the Pope County
Museum. A cousin, Denise Johnson, found it and contact was made. Using
Google, we were able to track down many more, and we have connected with
over 200 families who are descendants of Eilert and Ronnog. In 2003, we
contacted an attorney to discern the best way to insure that the
cemetery could never be destroyed. This resulted in the formation of the
Ellertson/Mortenson Cemetery Association. Articles of Association and
By-Laws were filed with Pope County, and title to the property was
received afte4r an updated survey was done.
BY-LAWS OF THE ELLERTSON/MORTENSON CEMETERY
ASSOCIATION
First. Membership in the Ellertson/Mortenson Cemetery
Association shall be any descendant of Eilert Carlson, who is buried in
this cemetery.
Second. The Board of Directors shall be by volunteer
and must be a descendant of Eilert Carlson.
Third. No more that two (2) descendants of one of
Eilert Carlson's children may serve on the Board at the same time.
Eilert Carlson's children are Anne Ellertson Mortenson, Lars Ellertson,
Carl Ellertson, Edward Ellertson, Regina Ellertson Johnson, Dorthea
Ellertson Satter, and Marthe Ellertson Lind.
Fourth. The date of the regular meeting shall be
determined by the Board of Directors.
Fifth. Burial in the Cemetery shall be provided
without charge to any descendant of Eilert Carlson, and their spouses.
Sixth. All casketed burials shall have an outer
burial container in compliance with local regulations.
Seventh. All cremated remains shall have an urn made
of some type of non-biodegradable material, such as bronze, steel,
marble, etc.
Eighth. The Board of Directors shall be notified of
burials, and all burials shall be properly marked.
ARTICLES OF INCORPORATION
OF ELLERTSON/MORTENSON CEMETERY
ASSOCIATION
The undersigned incorporators, natural persons 18 years
of age or older, in order to form a
corporate entity
under Minnesota Statutes, Chapter 307 and 317A, adopt the following
articles of
incorporation.
ARTICLE I
NAME/REGISTERED
OFFICE
The name of the Corporation shall be
ELLERTSON/MORTENSON CEMETERY
ASSOCIATION INC.
The Corporation’s registered office is located at
560 40th Ave., SE, Benson, MN 56215
ARTICLE II
PURPOSE
This Corporation is a private nonprofit Cemetery Association. To this end,
the corporation shall maintain a fund or funds of real or personal
property, or both, and subject to the restrictions and limitations
hereinafter set forth, to use and apply the whole or any part of the
income therefrom and the principal thereof exclusively for the
preservation and maintenance of the ELLERTSON/MORTENSON Cemetery located
in Langhei Township, Pope County, Minnesota.
ARTICLE III
LIMITATIONS AND REQUIREMENTS
The corporation may not pay dividends or other
corporate income to its members, directors, or officers or otherwise
accrue distributable profits, or permit the realization of private gain.
The Corporation may not take any action prohibited by Minnesota
Statutes, Chapter 317A, governing nonprofit corporations, nor shall take
any action prohibited by Minnesota Statutes 307 governing private
cemeteries. The Corporation may not engage in any activities, except to
an insubstantial degree,
that do not further its purposes as set forth in these Articles.
On dissolution, the Corporations assets will be distributed to the state
government for public purpose, or to an organization exempt from taxes
under the Internal Revenue Code Section 501(c)(3) to be used to
accomplish the general purposes for which the Corporation was organized,
and subject further to any limitations contained in Minnesota Statute
307.
ARTICLE IV
MEMBERS
The Corporation will have one class of members as provided in the bylaws.
ARTICLE V
BOARD OF DIRECTORS
The corporation shall have no voting members. The management and affairs of
the Corporation shall be at all times under the direction of a Board of
Directors, whose operation in governing the Corporation shall be defined
by statute and by the Corporation’s by-laws. No Director shall have any
right, title, or interest in or to any property of the corporation.
The Corporations first board of directors is three (3), and the names and
addresses of the persons who are to serve as the initial directors are:
1. Denise Johnson
P O Box B, Zimmerman, MN 55398
2. Paul Mortenson
560 40th Ave. S E, Benson, MN 56215
3. Wendy Zander
1321 S Ross St., Santa Ana CA 92707
ARTICLE VI
DEBT OBLIGATIONS AND PERSONAL LIABILITY
No member, officer or Director of this corporation
shall be personally liable for the debts or obligations of this
corporation of any nature whatsoever, nor shall any of the property of
the members, officers or Directors be subject to the payment of the
debts or obligations of this Corporation.
ARTICLEVII
INCORPORATOR
The incorporators of this Corporation are:
Wendy Zander, 1321 S. Ross Street, Santa Ana, CA 92707
Denise Johnson, Zimmerman, MN 55398
Paul Mortenson, 560 40th Ave., SE, Benson, MN 56215
The undersigned incorporators certifies both that they execute these
Articles for the purposes herein stated, and that by such execution,
they affirm the understanding that should any of the information in
these Articles be intentionally or knowingly misstated, they are subject
to the criminal penalties for perjury set forth in Minnesota Statues
609.48 as if this document had been executed under oath.
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