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Council corrects Audubon Days agreement to reflect 501(c)(6) nonprofit status
Summary
City officials discovered the Audubon Days use-of-funds agreement described the organization as a 501(c)(4); legal counsel confirmed the actual IRS determination is 501(c)(6), and the council voted to update the agreement language accordingly.
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The City Council reviewed an existing use-of-funds agreement with the Audubon Days organization and voted to correct the document’s nonprofit classification.
Staff told the council the agreement described Audubon Days as a 501(c)(4), but that the organization’s IRS determination letter shows it is a 501(c)(6). City legal counsel confirmed a 501(c)(6) designation is tax-exempt for donations in the same way relevant to the city’s agreement and differs from a 501(c)(3) charitable organization.
A motion to change the agreement language from 501(c)(4) to 501(c)(6) passed (motion by Reginald; second by Olsen). Council members directed staff to draft the corrected agreement, have Audubon Days sign the revised agreement and keep a signed receipt on file.

