HomeMy WebLinkAboutC2005-057 - 2/8/2005 - Approved~agG i of 13
JERRY SMITH FIELDS LEASE & USE AGREEMENT
BETWEEN
CITY OF CORPUS CHRISTI
AND
THE SOUTHSlDE Lrl-rLE MISS KICKBALL
(Little Miss Kickball International, Inc.)
STATE OF TEXAS §
COUN'rY OF NUECES §
KNOW ALL BY THESE PRESENTS
This lease is entered into by and between the City of Corpus Christi ("City"), a Texas
home-rule municipal corporation, acting through its duly authorized City Manager, or the
City Manager's designee, and SOUTHSlDE LITFLE MISS KICKBALL (Little Miss
Kickball International, Inc.) ("Lessee"), a Texas nonprofit corporation, Corpus Chdsti,
Texas, operating for the purpose of providing kickball program for gids age 6 to 18 for
the citizens of Corpus Chdsti, acting through its duly authorized President.
Section 1. Definitions. For the purposes of this Lease:
City means the City of Corpus Chdsti, Nueces County, Texas, a home rule
municipal corporation.
City Council means the City Council of the City.
City Manager means the City Manager of the City or the City Manager's
designee.
Director means the City's Director of Park and Recreation.
Engineering Services Director means the Ci~s Director of Engineering
Services.
Holdover Period means any pedod of time in which the Lessee remains in the
Premises after the expiration of the odginal term of this Lease and continues to
provide consideration in lieu of paying rent to the City under the terms of this
lease.
Improvements means buildings and other structures located on the Premises.
Lease means this document, including all attachments and exhibits that are
referred to in this document.
Lessee means SOUTHSIDE LrFrLE MISS KICKBALL (Little Miss Kickball,
International, Inc.), a Texas nonprofit corporation, Corpus Christi, Texas.
2005-057
02/08/05
0rd026134
Southside Little Miss Kickball
~ec~004\121604DC.Sou~side.Little. Miss. KickbalI.Lease. UseAgrnt.doc
Page 2 of 13
Park and Recreation means the City's Park and Recreation Department.
Park and Recreation Director means the City's Director of Park and
Recreation or that Director's designee.
Premises means field at 4200 McArdle Road, a portion of a closed municipal
solid waste landfill, as shown on the attached drawing, Exhibit Al, together with
all improvements.
Regular hours of operation means the regularly scheduled hours of Lessee's
operation.
Risk Manager means the City's Director of Risk Management or that Director's
designee.
Sign means any signs, advertisements, notices, or other lettering that are
exhibited, inscribed, painted, erected, or affixed on or about the Premises, or any
part of the Premises.
Section 2. Purpose. The purpose of this Lease, between the City and Lessee, is to
enable Lessee to provide kickball program for girls age 6 to 18 for the citizens of Corpus
Chdsti. Lessee may not operate the Leased Premises for any other purpose without the
pdor written approval of the Director.
Section 3. Leased Premises. The Leased Premises is at 4200 McArdle Road, a
portion of a closed municipal solid waste landfill, as shown on the attached drawing as
Exhibit Al, together with all improvements.
Section 4. Use of Leased Premises Subject to Lease. The Lessee's use of the
Leased Premises is subject to the terms and conditions in this lease. The detailed
conditions for using the Leased Premises are contained in the attached Exhibit A2.
Exhibit A2 may be amended as often as necessary upon mutual agreement by the
Park and Recreation Director and the Lessee. This lease is made in consideration of
the mutual promises and covenants contained in this lease. Lessee acknowledges that
it has read and agrees to the provisions in the attached Exhibit E, Notice of Pdor Use.
Section 5. Limitation of Leasehold. City does not warrant its title to the Leased
Premises. This Lease and the rights and privileges granted Lessee in and to the
Leased Premises are subject to all covenants, conditions, restrictions, and exceptions of
record or apparent. Nothing contained in this Lease may be construed to imply the
conveyance to Lessee of rights in the Leased Premises that exceed those owned by
city.
Section 6. Term. The City leases the Premises, subject to all terms and conditions of
this Lease, to the Lessee for a pedod of five (5) years subject, however, to the dght of
either party to cancel this Lease by giving thirty (30) days written notice to the other
party, unless sooner terminated under Section 31. This Lease begins immediately after
final Council approval.
H :~LEG-DI R~OlgaR\Doyie\Park & Rec~004\l 21604DC .Southside. Little .Miss. KickbalI.Lease,UseAgmLdoc
Page 3 of 13
a. Lessee may continue to occupy the Premises after the expiration of this Lease
on a month-to-month tenancy if the Lessee continues to provide consideration in lieu
of paying monthly rent as required by this Lease and upon the same terms and
conditions as set out in this lease.
b. The Holdover Pedod may not exceed six months in length.
c. The City Manager has the absolute dght to terminate the month-to-month
tenancy with or without cause upon thirty (30) days written notice to Lessee.
Section 7. Abandonment of Leased Premises. If the Lessee abandons the Leased
Premises or if the Lessee fails to take possession of the Leased Premises within ten
days after commencement of the term of this Lease, then this Lease shall terminate
automatically and City Manager may take immediate possession of the Leased
Premises. "Abandoned" means that the Leased Premises become vacant or deserted
for a continuous pedod of thirty (30) days.
Section 8. Cessation of Use.
a. If Lessee for any reason ceases to use the Leased Premises for the purposes
specified in Section 2, Lessee has the dght dudng the first year following the
cessation of use to terminate this Lease by written notice to the City Manager.
b. The wdtten notice of termination must be given at least three (3) months prior to
the effective date of termination.
c. If the cessation of use occurs and continues for one year or longer, and Lessee
does not exercise the right to terminate this Lease, then the City may terminate this
Lease by giving Lessee at least one (1) months notice pdor to the effective
termination date.
d. Lessee's obligation to provide consideration in lieu of paying rent ceases upon
termination, but no consideration provided pdor to termination will be refunded.
e. During any cessation of use, Lessee must maintain and regulate the use and
occupancy of the Leased Premises at Lessee's expense as specified in Sections 2,
4, 22, 24, 28, and 29. Upon termination or expiration of the Lease, the Lessee must,
if requested in wdting by the Director, remove the race track from the Leased
Premises under Section 12e.
Section 9. Surrender. Lessee acknowledges and understands that the City's
agreement to lease the Premises to Lessee is expressly conditioned on the
understanding that the Premises must be surrendered, upon the expiration, termination,
or cancellation of this Lease, in as good a condition as received, reasonable use and
wear, acts of God, fire and flood damage or destruction where Lessee is without fault,
excepted.
Section 10. Lease Consideration. For and in consideration of the rights and
privileges granted in this lease, and in lieu of lease payments to the City, Lessee must
H:\LEG-DIR\OlgaR\Doyle\Park & Rec~2004\121604DC.Southside. Litfle.Miss. KickbalI.Lease. UseAgm[ doc
Page 4 of 13
construct, maintain, and operate a public kickball program for gids age 6 to 18 on the
Premises. Further, Lessee must maintain the Premises by mowing, collecting litter, etc.
as shown in the attached Exhibit "A2" and as directed in writing by the Director.
Section 11. Articles of Incorporation, Bylaws, and Membership and User
Requirements; Hours and Terms of Operation; Lessee Responsible for Activities.
a. Articles of Incorporation, etc. Attached as Exhibit B is a certified copy of
Lessee's Articles of Incorporation, Bylaws, and Membership and User
Requirements. Attached as Exhibit C is a certified copy of Lessee's Schedule of
Activities, Hours and Terms of Operation, and Membership and User Fees.
Membership and User Requirements and Fees must be reasonable so that the
Premises and improvements are reasonably available for use by the public. Exhibits
B and C are collectively referred to as "operation documents." Lessee may not
make any change in the originals of any of these operation documents without
pdor written consent of the Director. The written consent and certified copies of the
revised operation documents must be attached to this lease as Exhibits.
b. Lessee responsible for activities on Premises. Notwithstanding any dght of
City to inspect or approve any improvement or activity under this lease, Lessee
covenants that it and its members are solely and exclusively responsible for all
activities on the Premises and have control of the Premises; that the City has no
responsibility for safety of, or any activity on, the Premises; and that Lessee shall not
rely on any City inspection or action. Lessee is solely responsible for the safety of all
activities on the Premises.
Section 12. Alterations.
a. Lessee may not make any alterations, additions, or improvements to, in, on, or
about the Premises, without the pdor written consent of the Director. Lessee must
also obtain clearance from the Risk Manager as required by Section 29.f. of this
Lease.
b. Lessee, if directed by the Director, must construct and maintain screening or
other safety barriers to ensure, to the extent reasonable, that kickballs are confined
to the premises.
c. Pdor to making any alterations, additions, or improvements to, in, on, or about
the Premises, Lessee must submit the plans and specifications for the alterations,
additions, or improvements to the Park and Recreation Director, and Engineering
Services Director for review and wdtten consent.
d. If the Park and Recreation Director and Engineering Services Director consent
to, and the Risk Manager grants clearance for, the alterations, additions, or
improvements, the Lessee shall obtain all required perTnits for the construction; and
the construction is subject to inspection by the Park and Recreation Director,
Engineering Services Director, City's Building Official, and their designated
representatives.
H:\LEG-DIR~OlgaR\Doyle\Park & Rec\2004\121604DC.Southside. Little. Miss. Kic~balI.Lease. UseAgmt.doc
Page 5 of 13
e. All approved alterations, improvements, and additions made by the Lessee upon
the Premises, although at Lessee's own expense, shall, if not removed by Lessee at
any termination or cancellation of this Lease, become the property of the City in fee
simple without any other action or process of law. Lessee agrees to be contractually
and financially responsible for repairing any and all damage caused by the removal.
If items are installed in a manner that they become fixtures, the fixtures may not be
removed by Lessee upon termination and become the property of the City.
Section 13. Taxes, Assessments, Licenses, and Fees.
a. Lessee must pay, in full prior to each respective due date, all taxes,
assessments, licenses, and fees required by the Lessee's use of the Leased
Premises; this includes, but is not limited to, any ad valorem taxes, personal
property taxes, and sales taxes, that could be assessed against the Leased
Premises and any buildings, improvements, or fixtures appurtenant to the Leased
Premises..
b. Lessee covenants to pay, in full prior to each respective due date, payroll taxes,
Medicare taxes, FICA taxes, unemployment taxes, and all other related taxes
according to Circular E Employer's Tax Guide, publication 15, as it may be
amended.
c. Lessee must provide proof of payment of all taxes within 30 days after Director
requests proof of payment. Failure to pay or provide proof of payment is grounds to
terminate this Lease.
Section 14. No Debts. Lessee may not incur any debts or obligations on the credit of
the City during the term of this Lease, and including during any Holdover Pedod that
may occur.
Section 15. No Liens. Lessee agrees not to permit any mechanic's lien,
materialman's lien, tax lien, or any other lien to become attached to the Leased
Premises, or any part or parcel of the Leased Premises, or the improvements on the
Leased Premises, because of any work or labor performed by any mechanic, materials
fumished by any materialman, or any other reason.
Section 16. Assignment and Subleasing.
a. Lessee may not assign or encumber this lease, without the prior wdtten consent
of the City Manager. Any assignment or sublease must be approved in advance by
the City Manager, which approval will not be unreasonably withheld.
b. Upon approval of the assignment, Lessee may request the City to release
Lessee from any further liability under the Lease. City will grant the release if the
assignee covenants to assume all obligations and duties of Lessee of this Lease.
c. Any attempted assignment or sublet without the pdor wdtten consent of the City
Manager renders this Lease void.
H:~LEG-DIR~OlgaR\Doyle\Park & Rec~004\121604DC.Southside.Little Miss. KickbaiI.Lease. UseAgrnt.doc
Page 6 of 13
d. An assignment of the Lease under the same terms and conditions is not an
amendment of the Lease.
e. Each provision, term, covenant, obligation, and condition required to be
per[on'ned by Lessee must be binding upon any assignee, and is partial
consideration for Ci~s consent to the assignment.
f. Any failure of assignee to stdctly comply with each provision, term, covenant,
obligation, and condition in this lease may render this Lease null and void.
Section 17. Signs; Warning Signs Posted.
a. Lessee may not exhibit, inscribe, paint, erect, or affix any sign at, on, or about the
Premises, or any part of this Lease, without the prior written approval of the Director.
b. The City may require Lessee to remove, repaint, or repair any Signs allowed. If
Lessee does not remove, repaint, or repair the Signs within ten (10) days of the
Director's written demand, the City may elect to terminate this Lease after ten (10)
days written notice to Lessee. Alternatively, the City may do or cause the work to be
done, and Lessee shall pay the City's costs within thirty (30) days of receipt of the
Director's invoice. If payment is not timely made, the City may terminate this Lease
upon ten (10) days wdtlen notice to Lessee.
c. Lessee must post the Premises with signs warning that it is a kickball field and no
trespassing is allowed. The Director shall approve the wording on the signs and shall
determine the placement of the signs.
Section 18. Laws Affecting Operation of Premises and Performance. Lessee shall
comply with all Federal, State, and local laws, ordinances, rules, and regulations
applicable to Lessee's operation of the Premises and Lessee's performance under this
Lease. This Lease is also subject to applicable provisions of the City Charter.
Section 19. Nondiscrimination. Lessee covenants and agrees that Lessee will not
discriminate nor permit discrimination against any person or group of persons, with
regard to employment and the prevision of services at, on, or in the Premises, on the
grounds of race, religion, national origin, marital status, sex, age, disabil~, or in any
manner prohibited by the laws of the United States or the State of Texas. The City
hereby reserves the right to take the action as the United States may direct to enforce
this covenant.
Section 20. Drug Policy. Lessee must adopt a Drug Free Workplace and drug testing
policy that substantially conforms to the City's policy.
Section 21. Violence Policy, Lessee must adopt a Violence in the Workplace and
related hiring policy that substantially conforms to the City's policy.
Section 22. Maintenance. Lessee shall maintain the Leased Premises and all
improvements in good and safe condition dudng the Lease term.
H:~LEG-DIR\OlgaR~Doyle\Park & Rec~004\121604DC.Southside. Litfle.Miss. KickbalI.Lease. UseAgrnt.doc
Page 7 of 13
Section 23. Furniture, Fixtures, and Equipment.
a. It is understood that Lessee is responsible for fumishing and equipping the
Premises and that the City has no obligation to fumish any equipment or furnishings
for Lessee.
b. All personal property and trade fixtures fumished by or on behalf of Lessee
remain the property of the Lessee. unless the personal property and trade fixtures
are specifically donated to the City dudng the term of this Lease or any Holdover
Pedod.
c. The Director retains the dght to approve all furnishings and fixtures that may be
installed in the Premises, dudng the term of this Lease and any Holdover Pedod.
pdor to installation.
Section 24. Utilities. Lessee must pay for all utilities used by it on the Premises or
used by any other activities sponsored by the Lessee on the Premises.
Section 25. City's Right of Inspection. Any officer or authorized employee of the City
may enter upon the Premises. at all reasonable times and without notice, to determine
whether Lessee is providing maintenance in accordance with and as required by
Section 22 or for any other purpose incidental to the City's retained dghts of and in the
Premises.
Section 26. Director's Right to Access Premises In Emergency.
a. Lessee shall provide the Director with keys to the Premises. and a current list of
names and phone numbers, for use by the Director, in the event of an emergency.
b. The Director has the right to enter the premises during the regular hours of
operation or at anytime in an emergency.
Section 27. City Use. The City retains the dght to use or cross the Premises with
utility lines and easements. City may exercise these dghts without compensation to
Lessee for damages to the Premises from installing, maintaining, repairing, or removing
the utility lines and easements. City must use reasonable judgment in locating the utility
lines and easements to minimize damage to the Premises.
Section 28. Indemnity. In consideration of allowing Lessee to use the
Premises, Lessee ("lndemnitor"") covenants to fully indemnify, save
and hold harmless the City, its off'lcers, agents, representatives, and
employees (collectively, "lndemnitees") from and against any and all
liability, loss, damages, claims, demands, suits, and causes of action
of any nature whatsoever asserted against or recovered from City on
account of injury or damage to person including, without limitation on
the foregoing, premises defects, workers 'compensation and death
claims, or property loss or damage of any other kind whatsoever, to
H:\LEG-DIR\OkjaR\Doyle\Park & Rec~2004\121604DC.Southside. LitUe. Miss. KickbalI.Lease. UseAgmt.doc
Page ~ of 13
the extent any injury, damage, or loss may be incident to, arise out of,
be caused by, or be in any way connected with, either proximately or
remotely, wholly or in pert: (1) Lessee ~s performance under this
Lease; (2) Lessee ~ use of the Premises and any and ali activities
associated with the Lessee°s use of the Premises under this Lease;
(3) the violation by Lessee, its officers, employees, agents, or
representatives or by Indemnitees, or any of them, of any law, rule,
regulation, ordinance, or government order of any kind pertaining,
directly or indirectly, to this Lease; (4) the exercise of rights under
this Lease; or (5) an act or omission on the pert of Lessee, its officers,
employees, agents, or representatives or of Indemnitees, or any of
them, pertaining to this Lease, regardless of whether the injury,
damage, loss, violation, exercise of rights, act, or omission is caused
or is claimed to be caused by the contributing or concurrent
negligence of Indemnitees, or any of them, but not if caused by the
sole negligence of lndemnitees, or any of them, unmixed with the fault
of any other person or entity, and including ali expenses of litigation,
court costs, and attorneys 'fees, which arise, or are claimed to arise,
out of or in connection with the asserted or recovered incident.
Lessee covenants and agrees that, if City is made a perry to any
litigation against Lessee or in any litigation commenced by any party,
other than Lessee, relating to this Lease, Lessee shall, upon receipt of
reasonable notice regarding commencement of litigation, at its own
expense, investigate ali claims and demands, attend to their
settlement or other disposition, defend City in ali actions relating to
this Lease with legal counsel satisfactory to the City Attorney, and
pey all charges of attorneys and all other costs and expenses of any
kind whatsoever arising from the liability, injury, damage, loss,
demand, claim, or action.
Section 29. Insurance.
a. Lessee shall secure and maintain at Lessee's expense, during the term of this
Lease. insurance of the type and with the amount of coverage shown on the
attached Exhibit D. which is incorporated in this Lease by reference. Lessee shall
use an insurance company or companies acceptable to the Risk Manager. Failure
to maintain the insurance dudng the term of this Lease. at the limits and
requirements shown on Exhibit D. constitutes grounds for termination of this Lease.
b. The Certificate of Insurance must be sent to the Risk Manager pdor to occupancy
of and operations at the Premises. The Certificate of Insurance must provide that
the City will have thirty (30) days advance written notice of cancellation, intent to not
renew, material change, or termination of any coverage required in this Lease.
H:\LEG-DIR\OlgaR\Doyle\Park & Rec~2004\121604DC.Southside. LIEle. Miss. KickbalI.Lease. UseAgrnt.doc
Page 9 of 13
c. Lessee shall provide, during the term of this Lease, copies of all insurance
policies to the Risk Manager upon wdtten request by the City Manager.
d. The Risk Manager retains the dght to annually review the amount and types of
insurance maintained by Lessee, to require increased coverage limits, if necessary
in the interest of public health, safety, or welfare, and to decrease coverage, if so
warranted, in the event of any necessary increase, Lessee must receive thirty (30)
days wdtten notice prior to the effective date of the requirement to obtain increased
coverage.
e. If alcoholic beverages are served on or in any Premises covered by this Lease,
the Lessee shall additionally obtain or cause to be obtained alcoholic beverage
liability insurance in the amount of one million dollars ($1,000,000.00) covedng the
event or time period when alcoholic beverages are to be served.
f. Lessee shall, pdor to any addition or alteration to, in, on, or about the Premises,
obtain pdor clearance, in writing, from the Risk Manager that the proposed addition
or alteration will not necessitate a change or modification in the existing insurance
coverage maintained by Lessee. This clearance is in addition to the pdor consent
required by Section 12(a) of this lease.
Section 30. Default. The following events constitute default under this Lease:
(1) Failure to provide consideration in lieu of paying rent or failure to make other
payments under this Lease.
(2) Failure to pay utilities before the due date.
(3) Failure to perform scheduled maintenance.
(4) Abandonment of the Premises.
(5) Failure to maintain any insurance coverages required in this lease.
(6) Failure to timely pay City's invoice for the removal, repainting, or repair of any
Signs at the Premises.
(7) Failure to keep, perform, and observe any other promises, covenants and
conditions contained in this Lease.
Section 31. City's Remedies on Lessee's Default. Upon the occurrence of any
event of default, the City may, at its option, in addition to any other remedy or dght given
under this Lease or by law:
(1) Give notice to Lessee that this Lease terminates upon the date specified in the
notice, which date will be no eadier than five (5) days after the giving of the notice.
(2) Immediately or at any time after the occurrence of the event of default and
without notice or demand, or upon the date specified in a notice, if given, or in any
H:\LEG-DIR\OlgaR\Doy~e\Park & Rec~004\121604DC.Southside. LII/Je. Miss. KickbalI.Lease,UseAgmt.doc
Page 10 of 13
notice issued under law, the City may enter into and upon the Leased Premises and
retake possession, by legal proceedings or otherwise, expel Lessee and anyone
claiming through or under Lessee, remove Lessee's or a claimant's goods and
effects, forcibly, if necessary, and store the goods in the name and at the expense of
Lessee.
Section 32. Enforcement Costs. If the City files any legal action or proceeding to
repossess the Premises, collect the lease payment(s) due under this Lease, collect for
any damages to the Premises, or to enforce in any other way the provisions of this
Lease, Lessee agrees to pay all court costs and expenses and the sum that a court of
competent jurisdiction adjudges as reasonable attomeys' fees in the action or
proceeding, or in an appeal, if a judgment is rendered in favor of the City.
Section 33. Modifications. No provision of this Lease may be changed, modified, or
waived, unless the change, modification, or waiver is made in wdting and signed by
persons authorized to sign agreements on behaff of each party.
Section 34. Contact Person/Lease Administrator. For this Lease, the City's contact
person and lease administrator is the Director.
Section 35. Notice.
a. All notices, demands, requests, or replies provided for or permitted under this
Lease by either party must be in wdting and must be delivered by one of the
following methods: (i) by personal delivery; (ii) by deposit with the United States
Postal Service as certified or registered mail, retum receipt requested, postage
prepaid; (iii) by prepaid telegram; (iv) by deposit with an ovemight express delivery
service, for which service has been prepaid; or (v) by fax transmission.
b. Notice deposited with the United States Postal Service in the manner described
above will be deemed effective two (2) business days after deposit with the United
States Postal Service. Notice by telegram or ovemight express delivery service will
be deemed effective one (1) business day after transmission to the telegraph
company or ovemight express carder. Notice by fax transmission will be deemed
effective upon transmission with proof of delivery.
c. All the communications must only be made to the following:
IF TO CITY:
IF TO LESSEE:
City of Corpus Christi
Park and Recreation Dept.
P.O. Box 9277
Corpus Chdsti, TX 78469-9277
Attn: Director of Park & Recreation
(361) 880-3464
Marianne Mojica
Southside Little Miss Kickball
4426 Cobblestone Lane
Corpus Christi, Texas 78411
(361) 779-3628
H:\LEG-DIR\OlgaR\Doyle\Park & Rec~004\121604DC.Southside. Little,Miss. KickbalI.Lease.UseAgmt.doc
Page 11 of 13
d, Either party may change the address to which notice is sent by using a method
set out in subsection (a) of this section. Lessee shall notify the City of an address
change within ten (10) days after the address is changed.
Section 36. Force Majeure. No party to this Lease shall be liable for delays or failures
in performance due to any cause beyond the party's control including, without limitation,
any delays or failures in performance caused by strikes, lock outs, fires, acts of God or
the public enemy, common carrier, severe inclement weather, riots or interference by
civil or military authorities. The delays or failures to perform extend the period of
performance until these exigencies have been removed. The Lessee shall inform the
City in writing of proof of the force majeure within three (3) business days or otherwise
waive this dght as a defense.
Section 37. Relationship of Parties. This Lease establishes a landlord/tenant
relationship, and no other relationship. This Lease must be construed conclusively in
favor of that relationship. In performing this Lease, the City and Lessee will each act in
an individual capacity and not as agents, representatives, employees, employers,
partners, joint-venturers, or associates of one another. The employees or agents of
either party may not be, nor be construed to be, the employees or agents of the other
party for any purpose.
Section 38. Not for Benefit of Third Parties. This Lease is only for the beneftt of the
City and Lessee, and no third party has any dghts or claims under this Lease or against
the City.
Section 39. Publication Costs. Lessee shall pay for the cost of publishing the Lease
description and related ordinance, as required by the City's Charter, in the legal section
of the local newspaper.
Section 40. Interpretation. This Lease shall be interpreted according to the Texas
laws that govern the interpretation of contracts. Venue lies in Nueces County, Texas,
where this Lease was entered into and will be performed.
Section 41. Survival of Terms. Termination or expiration of this Lease for any reason
does not release either party from any liabilities or obligations under this Lease that (a)
the parties have expressly agreed survive any the termination or expiration; (b) remain
to be performed; or (c) by their nature would be intended to be applicable following the
termination or expiration of this Lease.
Section 42. Captions. The captions utilized in this Lease are for convenience only
and do not in any way limit or amplEy the terms or previsions of this Lease.
Section 43. Severability.
a. It is the definite intent of the parties to this Lease that every section, paragraph,
subdivision, clause, provision, phrase, or word of this Lease be given full fome and
effect for its purpose. Therefore, if, for any reason, any section, paragraph,
subdivision, clause, prevision, phrase, or word of this Lease or the application of this
Lease to any person or circumstance is, to any extent, held illegal, invalid, or
H:\LEG-DIR\OlgaR\Doyle\Park & Rec~004\121604DC.Soulhside. Little. Miss. KickbalI.Lease. UseAgmt.doc
Page 12 of 13
unenforceable under present or future law or by a final judgment of a court of
competent jurisdiction, then the remainder of this Lease, or the application of the
term or provision to persons or circumstances other than those as to which it is held
illegal, invalid, or unenforceable, will not be affected by the law or judgment.
b. To the extent that any clause or provision is held illegal, invalid, or unenforceable
under present or future law effective dudng the term of this Lease, then the
remainder of this Lease is not affected, and in lieu of any illegal, invalid, or
unenforceable clause or provision, a clause or provision, as similar in terms to the
illegal, invalid, or unenforceable clause or provision as may be possible and be legal,
valid, and enforceable, will be added to this Lease automatically.
Section 44. Venue. Venue lies in Nueces County, Texas, where this lease was
entered into and will be performed.
Section 45. Entirety Clause. This Lease and the attachments and exhibits
incorporated into this Lease constitute the entire agreement between the City and
Lessee for the purpose granted. All other agreements, promises, representations, and
understandings, oral or otherwise, with reference to the subject matter of this Lease,
unless contained in this Lease are expressly revoked, as the parties intend to provide
for a complete understanding within the provisions of this Lease and its exhibits of the
terms, conditions, promises, and covenants relating to Lessee's operations and the
Premises to be used in the operations.
Section 46. Binding Lease. It is further mutually understood and agreed that the
covenants and agreements contained in the Lease, to be performed by the respective
parties, are binding on the parties, and their respective successors and assigns.
Section 47. Acknowledgment. Each party expressly agrees that it has independently
read and understood this Lease. By Lessee's execution of this Lease, Lessee
acknowledges and understands that this Lease is not binding on the City until properly
authorized by the Council and executed by the City Manager or by his designee.
EXECUTED IN DUPLICATE ORIGINALS on the/~7~--day of ~t~2 ~'C~. ~..I~ ~' ,2005
City Secretary
fi.~D~ February 2005
Doyle D. Curtis
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attomey
CITY//~~S CHRISTI
G~rg~'K. Noe
City Manager
H:\LEG-DIR\OlgaR\Doyle\Park & Rec~004\121604DC.Sou/hside,Li[tle. Miss.KickbalI.Lease. UseAgmLdoc
Page 13 of 13
STATE OF TEXAS §
COUN'rY OF NUECES§
This instrument was acknowledged before me on ~ /~(~) ,2005, by
George K. Nee, City Manager of the City of Corpus Chdsti, a Texas home-rule
Municipal Corporation, on behalf of the corporation.
Notary Public, State of Texas
Pdnted Name:
Expiration Date:
LESSEE: SOUTHSIDE LITrLE MISS KICKBALL
By: ~ ~' ,.
Madanhe Mojica
Title
STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on /~_Jo,--~ ~ ! ,2005, by
Marianne Mojica, /~r¢"~ ,' ~L~,~+ of Southside Little Miss Kickball, a Texas
nonprofit corporation, on behalf of the corporation.
?~,~... ...~ REBA N. GEORGE
Notar~ Public, State of Texas
Pdnted Name:
Expiration Date:
H:\LEG-DIR\OlgaR\Doyle~Park & Rec~2004\121604DC.Southside. Little. Miss. KickbalI,Lease.UseAgmt.doc
EXHIBIT A-I
SOUTHSlDE LI1-FLE MISS KICKBALL LEASE
COMMERCIAL
BUSINESS
/
LEGEND
u.i
ICOMMERCU~L
BUSINESS
PRIVATE
RESIDENCE
MCARDLE ROAD
Page 1 of 3
EXHIBIT A-2
DETAILED CONDITIONS FOR USING PREMISES
CITY OF CORPUS CHRISTI, TEXAS
FIELDS LEASE & USE AGREEMENT
WITH THE SOUTHSIDE Lrl-rLE MISS KICKBALL
(Little Miss Kickball International, Inc.)
This Exhibit A2 contains detailed conditions for using the Premises ("Premises")
defined in, and is attached to and governed by, the CITY OF CORPUS CHRISTI,
TEXAS Lease and Use Agreement with SOUTHSIDE LITTLE MISS KICKBALL
(Little Miss Kickball International, Inc.)
1. Lessee Services and Responsibilities.
1.1
1.2
1.3
Kickball. Annually Lessee will offer a season of Little Miss Kickball. Kickball
will be offered to all girls in the ages 6 through 18. Lessee may also hold
tournaments with dates to be determined in conference with Director. Dates of
the tournaments must be requested as soon as possible each year. The
Director will inform Lessee as soon as dates have been determined. All
members of all teams playing on Lessee's Premises during the regular season
must be registered with a state, local or nationally recognized sports
organization. Lessee may grant use rights for Lessee's Premises to other
state, local or nationally recognized sports organization teams for practice or
during the off-season.
City Use. If Lessee is not using its Premises, City may use any or all of the
area for recreational purposes. The City reserves the dght to accept
tournament play at any City sports field at the rate schedule established by the
Park and Recreation Fee Ordinance.
Maintenance. Lessee must maintain the Premises. Leased premises include
the ditch on the west side of fields. If Lessee fails to perform maintenance tasks
as scheduled, or fails to perform repairs in a timely manner, City may do so and
bill Lessee. Lessee must pay City within 30 days after Director's written
demand. At a minimum, maintenance includes:
a. Lessee shall pick up and propedy dispose of litter on a daily basis whenever
the Premises are being used and weekly during the rest of the year;
Lessee shall keep the Premises (including any buildings, permanent or
temporary) operational and in good repair; including, but not limited to, the
kickball fields, irrigation systems and fair weather parking area.
Lessee must immediately report any vandalism to the Director, or his
designee, and the Corpus Christi Police Department, Nueces County,
Texas;
H \LEG-DIR/OlgaR/DoCe~Park & Rec!013105DC.Seulhside Lil[leMissKickball Lease&UsaA§mi ExhbA2 doc
1.4
1.5
1.6
1.7
Page 2 of 3
Lessee must keep safe and in good repair the bleachers; Lessee must
repair the bleachers within 48 hours after the need for repair is, or should
have been discovered.
Lessee must keep any parking areas and access roads free of debris,
propedy designated, and free of potholes in accordance with standards
issued by the Director. Lessee must repair potholes using the appropriate
material, concrete or asphalt, within ten (10) working days after the need for
repair is or should have been discovered;
f. Lessee must ensure that parking is confined to designated areas;
Lessee must maintain the Premises within the Lease boundary lines. Grass
on the ball fields must not exceed 3 inches; User must mow the ball fields
within 1 week after grass reaches 3 inches. At least one month prior to start
of any season, or pre-season practice, the ball fields must be gradually cut
shorter and brought into playing condition. Failure to keep the grass below 3
inches or to propedy bring the fields back to playing condition shall be
grounds for termination. Lessee will water the Premises, in compliance with
any effective drought plan.
Lessee must treat all fence lines on the Premises with a product such as
"Round Up" at least twice a year, once in the spring and once in the fall to
kill all grass and weeds adjacent to the fence line. Director may require more
frequent application.
Lessee must provide portable toilets for public use whenever the Premises
are being used for league activity. The portable toilets must be serviced and
sanitized at least once a week or as often as the circumstances require as
determined by the Director.
Registration, etc. Lessee will promote the program so that the public is aware
of the organization's activities. Lessee will conduct all registration, take all fees,
schedule all games, including makeup games and playoff games, and provide
trophies for the top team in each league.
Utilities. Lessee must pay for all utilities, such as electricity, water,
wastewater, and solid waste bills associated with its usage of the Premises.
Lessee must pay for all its phone bills.
Officials. Lessee must provide officials (referees, umpires) for each scheduled
game.
Complaint Notice. Lessee will post a notice at Premises, in a form approved
by the Director, that if any participant or spectator has any complaints or
concerns they may contact the City at 826-3461 and talk to the Director, or
designee.
H:iLEG DIR/OlgaR/Doyle~Park & Rec/013105DC Sou[hside LirileMissKickball Lease&UseAgmt ExhbA2 doc
Page $ of 3
2. City Responsibilities.
2.1 Debt Service. City will pay bond debt for Premises.
2.2 Maintenance. City will maintain the areas outside of the Premises determined
by this lease.
2.3 Capital Improvements. City will fund capital improvements determined by the
City that are needed at its discretion.
2.4 Contact Person. For the Lease, the City's contact person is the Director.
HLEG DIR\OlgaR/Doyle/Park & Rec\013105DC Sou[hside LitLleMissKickball Lease&UseAgm[ ExhbA2.doc
SECRETARY OF ST 4 TE
IT IS KEREBY CERTIFIED that the attached is/are true and correct copies of the
following described document(s) on file in this office:
L_rI'I'LE MISS KICKBbL~. ~TIONAL, INC.
It{{ ~ NO. 2g'/763-01
ARTICLES OF AMENDMENT
FEBRUARY 23, 1998
IN TESTIMONY WHEREOF, I have hereunto
signed my name officially and caused to be
impressed hereon the Seal of State at my office in
the City of Austin, on February 26, 1998.
Alberto R. Gonzates
Secretary of State
BAM
Little Miss Kickball International Inc.
P. O. Box 8046 · Corpu,~ Christi, T~xaa 711468-8046
FAX 512./994-83 [5
Little Miss Kickball International, Inc.
EIN: 23-7116271
On behalf of the Board of Directors of Liltle Miss Kickbali InlernaEional, lnc..
we agree to November 21, 1997 as the e£1:eclive dale of exemption under Section
501(c)(3) of the Intern~l Revenue Code~
Signed by: /~
ladle ~,,.ckemeyer, ~l reasun:r
LITTLE MISS KICKBALL INTL.
P.Oo BOX 80~6
CORPUS CHRISTI ~TX 78~68
J. LUECKENEYER
REt
LITTLE NISS KICKSALL INTERNATIONAL,
CHARTER NUNBER 0028776320!
INC.
IT HAS BEEN OUR PLEASURE TO APPROVE AND PLACE ON RECORD YOUR
ARTICLES OF ANENDMENT,
THE APPROPRIATE EVIDENCE 15 ATTACHED FOR YOUR FILES AND THE
ORIGINAL HAS &EEN FILED [N THIS OFFICE.
PAYHENT OF THE FILING FEE IS ACKNOgLEDGEO BY THIS LETTER.
IF IE CAN BE OF FURTHER SERVICE AT ANY TZNE. PLEASE LET US KNOM.
crHaq of
CERTIFICATE OF AHENDHENT
FO~
LITTLE #ISS KICKSALL INTERNATIONAC,
CHARTER NUNBER 00Z87763
THE UNDERSIGNEDt AS SECRETARY OF STATE OF THE STATE OF TEXAS,
~REBY.CERTIFI~S THAT THE ATTACHED ARTICLES DF AHENDRENT FOR THE ABOVE
NAREO ENTITY HAVE BEEN RECEIVED IN THIS DI:FICE AND ARE FOUND TO
CONFORR TO LAM.
ACCDRDINGLY THE UN D~RSIG~D, AS SECEETARY OF STATE, AND 8Y VIRTUE
OF THE AUTHORITY VESTED [N THE SECRETARY BY LAM. HEREBY ISSUES THIS
CERTIFICATE DF AMENDMENT.
DATED FEB° 23~ 1998
EFFECTIVE FEB* 23. 1998
ARTICLES OF AMENDMENT
TO THE ARTICLES OF INCORPORATION OF
LITTLE MISS KICKBALL INTERNATIONAL, INC.
Secretary of State
FEB 3 3 199B
Corporations Section
Little Miss Kickball International, Inc,, a Texas nonprofit corporation which is subject to
the provisions of the Texas Non-Profit Corporation Act, adopts the hereinafter stated Articles of
Amendment [o its Articles of Incorporation which state the purpose of the organization, provide
for the distribution of funds and fm thc distribution of assets upon dissolution to another
nonprofit corporation which would then qualify under the provisions of Section 501 (c) (3) of the
Internal Revenue Code and its Regulations as they now exist or as they may hereafter be
amended.
ARTICLE I
PURPOSE
Article Four of the Articles of Incorporation is hereby amended to read as follows:
Said corporation is organized exclusively for charitable and educational purposes,
including, for such purposes, the making of distributions to organizations that qualify as exempt
organizations under section 501 (c)(3) of the Internal Revenue Code of 1954 (or the
corresponding provision of any future United States Internal Revenue Law).
ARTICLE II
SPECIFICATION OF AMENDMENT
The following amendment to the Articles of Incorporation was adopted by the
corporation on February 1 $, 1998.
Article VIII of the Articles of Incorporation is hereby amended to read as follows:
No par~ of the net earnings of the corporation shatl inuxe to the benefil of, or be
distributable to, its members, trustees, officers, or other private persons, except that the
corporation shall be authorized and empowered to pay reasonable compensation for services
rendered and to make payments and distributions in furtherance of the purposes set forth in
Article Four hereof. No substantial part oftbe activities of the corporation shall be the carrying
on of propaganda, or otherwise attempting to influence legislation, and the corporation shall not
participate in or intervene in (including the publishing or distribution of statements) any political
campaign oft behalf of any candidate [bt pubtic office. Notwithstanding any other provision of
these articles, the corporation shall not carry on any other activities not permitted to be carried on
(a) by a.~corporation exempt from Federal income tax under section 501(c)(3) of the Internal
Revenue Code of 1954 (or the corresponding provision of any future United States Internal
Revenue Law) or (b) by a corporation, contributions to which are deductible under section
170(c)(2) of the Internal Revenue Code of 1954 (for the corresponding provision of any future
United States Internal Revenue Law).
In the event of dissolution of this nonprofit corpomtt~m~ d~e remaining assets, if any after
payment of debts, will be distributed to another 501 (c)(3) nonprofit organization, a mental health
and retardation school, located in Corpus Christi. Nueccs County, Texas.
ARTICLE III
HOW ADOPTED
The amendments were adopted in the following manner:
The amendments were adopted at a meeting of members held on Februm'y 18, 1998, at
which a quorum was present, and the amendment received at least two-thirds of the votes which
members present or represented by proxy at such meeting were entitled to cast.
r~ated ,..7-.d,,....~l' tq ,199s.
LITTLE MISS KICKBALL INTERNATIONAL, INC.
Tina Saenz, President
Joanl~wartz, Secretary ~,~
STATE OF TEXAS
COUNTY OF NUECES
o~ this I q day of ~.-J¢.l.~ ~,~ , 1998, personally appeared
before me Tina Saenz, who being duly sworn, declared that she is the Presidont of the
corporation, executing the foregoing document in the capacity therein set forth, and that
the statements therein contained are true_
IN WITNESS WHEREOF, I lmve hereunto set my hand and seal the day and year
before written.
My Commission Expires:
ary P i ' O~[ff] eces County, Texas
STATE OF TEXAS
COUNTY OF NUECES
, a Notary Public, do hereby certify that
on this [q day of ,D~..~.. ek,~l ,1998, personally appeared
b~fore me Joan Swartz, who being duly sworn, declared that she is the Secretary of thc
corporation, executing the foregoing document in the capacity the~in set forth, and that
the statements therein contained arc true.
IN WITNESS WHEREOF, I have hereunto set my hand and scm the day and year
before written.
My Commission Expires:
oUtry Puic in and t~lueces County, Texas
OeA~l~r 24, ~ffi
LITTLE MISS KICKBALL
INTERNATIONAL, INC.
Official League and District Rules and Regulations
and
Corporation By-Laws
Any league or district which is found by the Little Miss Kickball International, Inc.
(LMKII) Board of Directors (the Corporation) to be in violation of any of the following
rules may result in forfeiture of their right to participate in inter-league play, tournament
play, and/or all-star competition, except where otherwise stated.
Rule Number
I
II
III
V
VII
X
TABLE OF CONTENTS
Title
Introduction to Kickball
Reference of Important Dates
Forming New Leagues
Established Leagues
Officers of the League
Registration of Team Players
Tryouts
Draft
Playing Season Schedule
All-Star Regulations
Districts
Compliance
Forms
LMKII Corporation By-Laws
4
5
8
12
14
15
16
20
22
26
28
28
29
LITTLE MISS KICKBALL INTERNATIONAL, INC.
Little Miss Kickball was founded in May 1970, in Corpus Christi, Texas, in the Flour
Bluff community. Little Miss Kickball International, Inc (LMKII) was incorporated on
March 2, 1971. From only one league in 1970, LMKII has continued to grow and
prosper, forming new leagues and districts throughout the state of Texas.
PURPOSE
LMKII was founded as a non-profit organization whose purpose is to teach the basics of
life, love of God, obeying laws, the joy of winmng, the sadness of losing, the importance
of team work, the respect for others and the desire to achieve. LMKII was established to
provide an organization for young girls and young women to promote good
sportsmanship and a spirit of competihon.
LMKII pledges to teach its original purpose and dedicates all who come in contact vath
the sport by the following pledge:
"We give you thankx. Almtghty God, for the land in which we live. We will obey our laws
and honor our flag. We will respect our teammates, play fair and follow the rules of the
game."
ORGANIZATION
LMKIi shall be governed by the LMKII Board of Directors (the Corporation). They shall
make all final demsions pertaining to, or for, LMKII In addition, other boards will have
control in conjunction with the Corporation over their respective areas. The Corporation
shall retain, if necessary, legal assistance to advise and to protect all parties of LMKII.
CORPORATION BY-LAWS
The Corporation By-Laws, in their entirety, are attached to this manual in the section
entitled, "Corporation By-Laws". The Corporation By-Laws may only be amended as
stated in the By-Laws, Article XIII.
REFERENCE OF IMPORTANT DATES
February 1 Housing packet due to leagues by all-star host league
Mamh 1 Charter application due
March ~/45 Teams may begin practice
March 15 Leagues may have opening day ceremonies
April ~ 1 Leagues may have first season game
April I Charter amendments due with charter fees and proof of
player medical/liability insurance and spectator liability
insurance
June I All-Star selection process due to district and corporation
for approval
June TBA Final day of regular season play
June TBA All-Star practice may begnn
Jane / July TBA Final day of all-star practice
August 31 Final day to submit proposed playing rule changes to the
corporation rules director (odd years only)
August 31 Election results of officers for next year due to corporation
September 30 End of current financial year
October 31 Financial statements and records due to coq>oration
l~l ,ECTIONS Nominations for the Corporation's executive committee is due to
the n~ominatiofis ~1 eleCtlo3h~hai ~erson_prior to July Lt. Ballots shall be mailed out
by July 15. The original ballot-'~us[ be mailed t6 ifi~ h~minations and elections
chairperson. Envelopes must be postmarked prior to August I st.
ALL-STARS The All-Star State Championship Tournament shall be held on the
weekend of the Fourth of July (if possible) or a date set by the Corporation.
ANNUAl, MEETING On the first Saturday of October, the Corporation shall review
any proposed rule or by-law revisions and any proposed playing rule changes and shall
set the charter fees.
RULE I
FORM]NG NEW LEAGUES
Section 1. New leagues are generally formed by parent groups, neighborhood
associations, service clubs, parks and recreation departments, or any other group
dedicated to youth activities.
Section 2. The expansion director of the Corporation and all personnel fi-om the area
shall be available for assistance in understanding the responsibilities and requirements of
persons interested in the formation of a new league. The expansion director shall:
A. acquaint interested parties w/th the LMKII program.
B. serve as a guide for the establishment of a new league.
C. assist in any capacity during the formation of a new league.
Section 3. Individuals interested in forming a new league must form an
organizational committee and elect a chairperson Until such time as a president can be
elected.
A. This organizational committee must be willing to:
1~ enlist volunteers to serve as board of directors,
2. obtain financial support of league expenses.
coaches, umpires, etc.
B. The organizational committee must prove the following conditions to the
corporation to be considered a forming league.
1. Have a sufficient number of interested girls to comprise at least three
teams in each division desired, with the exception of the teenage division.
Division ages, based on August 31 st of the current playing year, are as
follows:
Ages: 6 through 8 - Pee Wees
9 through 11 = Juniors
12 t?Lrough 14 = Seniors
15 through 18 -- Teenage
NOTE: For these purposes, a team shall consist of not less than
ten players.
2. Ensure practice and playing fields are available for league use.
3. Provide names of adequate volunteers to serve as board of directors,
coaches, umpires, etc. See Rule II, Section I oftkis manual.
4. Ensure financial stability such that league equipment and necessary
expenses will be covered.
Section 4. After Section 3 above has been accomplished, the chairperson shall
schedule an organizational meeting. This meeting shall include the expansion director,
the organizational committee, the Corporahon's executive committee, and any other
interested individuals. An election of the new board of director's executive committee
shall be conducted at this meeting.
Section 5. A league shall secure official playing fields in the name of the new league
as soon as possible. Often when a new league is organized, they utilize school grounds,
park sites, land owners, etc. for a temporary playing area. All official playing fields,
whether temporary or permanent, shall be located within their league boundaries as
designated by the Corporation.
Section 6. A league must secure practice fields. These fields should be located near
the official pla3nng fields and within the league's boundaries, unless otherwise designated
by the Corporation. Any deviations must be approved by the disixict board.
Section 7. The league name shall be designated by the new league's directors with
the approval of the district board and the Corporation.
Section 8. The official league colors shall be determined by the league board with
the approval of the district board and the Corporation. If practical, there shall be no
duplication of existing league colors. League colors shall be worn by the all-star teams.
Sect/on 9. Chartering Obligations
A. The charter application consists of a form to be completed and distributed to
the governing bodies as shown on the application. This form shall be obtained
from the Corporation and shall be forwarded to the Corporation by March 1 st.
EFFECT: Failure to comply by March 1st may result in charter dismissal and/or
being declared ineligible for all-star competition.
B. The charter amendment is a form due to the Corporation by April 1st and
provides additional or updated information submitted on the charter application
form. Proof of player medical/liability insurance, spectator liability insurance and
the charter fees shall be submitted with the charter amendment form.
EFFECT: Failure to comply by April 1st may result in fines and/or being declared
ineligible for all-star competition.
EXCEPTION (A&B): Ifa new league is formed after April 1st, the Corporation
may extend the deadlines.
Section 10. A set of by-laws for the operation of the league shall be submitted to the
Corporation for approval. The by-laws shall outline all facets of the league membemhip
and operation of that league. Copies o[all approved by-laws shall be kept by the district
board and the Corporation. Any by-laws which are in conflict w/th, or are not in
accordance w/th, the rules and by-laws of the Corporation and the official playing rules,
will not be approved.
Section 11. In addition to by-laws, each league may establish a set of league rules
which shall govern the day to day operation of the league. This document shall not
conflict w/th the rules and by-laws of the Corporation and the official playing roles and
must be sent to the Corporation. Copies of all approved league rules shall be kept by the
district board and the Corporation.
Section 12. Failure to submit current league rules and by-laws to the Corporation, may
result in charter dismissal.
7
RULE Il
ESTABLISHED LEAGUES
Section 1. The league board shall be comprised of no less than seven (7) voting
members. The seven members shall be the president, vice-president, secretary, treasurer,
player agent, rules director and league coach. They shall be elected to terms determined
by the league's board and approved by the Corporation. Current league board members,
parents or guardians of each player enrolled in the kickball program, and any other
members of the league so designated by the league's by-laws, shall be considered as
qualified voters. The general election shall be held prior to August 31st. The results
shall be forwarded to the district board and the Corporation by August 31st.
Section 2. All leagues and districts shall hold meetings at least once a month
between November 1st and June 30th. All minutes of all meetings shall be forwarded to
the Corporation within fifteen (15) days of any meeting. Holding meetings during the
months of July, August, September, and October is optional. Between November 1st and
June 30th, ifa meeting is not held for two consecutive months, the president of the
league and/or district may be removed by the district or the Corporation. All LMKII
league meetings shall be open to all members.
EXCEPTION: If the league considers the subject matter of a portion of a meeting
dictates a closed meeting, they may exclude non-board members fi.om only that portion
of that meeting. Only the results of the closed portion of the meeting shall be included in
the minutes, but the league must specify which pomon of the meeting was closed.
Section 3. A charter application form shall be obtained annually from the
Corporation. This form shall be completed and distributed as shown on the application
by March 1st.
EFFECT: Failure to comply by March 1st may result in the denial ora charter and/or
being declared ineligible for all-star competition.
Section 4. The charter amendment form provides additional or updated information
and is due to the Corporation by April 1st. Proof of player medical/liability insurance,
spectator liability insurance and the charter fees must be submitted w/th the charter
amendment form.
EFFECT: Failure to comply by April 1st may result in frees and/or being declared
ineligible for al I-star competition.
Section 5. Any revisions or amendments to a league's by-laws or rules must be
submitted to the Corporation for approval Revisions of the by-laws or rules will not be
considered in effect until the league is notified by certified mail of their approval by the
Corporation.
Section 6. Girls and young women from the ages of six (6) through eighteen (18) are
eligible to participate in Little Miss Kickball. All divisions are based on the g~rls' ages as
of August 31 st of the current playing season.
A. The Pee Wee Division will consist of girls 6 through 8 years of age.
B The Junior Division will consist of girls 9 through 11 years of age.
C. The Senior Division will consist of girls 12 through 14 years of age.
D. The Teenage Division will consist of girls 1 5 through 18 years of age.
Section 7. Coaches' and umpires' eligibility is stated in the latest revision oft. he
LMKII Official Playing Rules and Regulations.
Section 8. Income
A. Bank Checking and Savings Accounts
1. The league shall maintain bank Checking and/or savings accounts.
These accounts, certificates of deposits, money market, or any type
accounts shall be registered as "(name of league)' Little Miss Kickball
League.
2. All deposits shall be made in the name of the league.
3. Withdrawals from the accounts shall require the joint signatures of at
least two authorized directors of the league.
4. No more than two checldng accounts shall be permitted; one general
and one concession.
5. Records shall be kept for at least seven (7) years to aid in any audits by
the Internal Revenue Service or by the Corporation.
B. Team Sponsorships
I. Leagues should solicit team sponsors to aid in the financial support of
the league. These sponsors should:
a. pay sponsor fees set by the league.
b. supply funds for uniforms, balls and necessary equipment.
c. accept financial obligation w/thout voice m thc operation of the
league.
d not govern the team sponsored.
e. have no influence in the selection of the team coaches or
players.
2. Acceptable sponsors include service clubs, civic groups, fraternal
organizations, local merchants, charitable organizations, etc.
9
3. Unacceptable and prohibited sponsors are businesses primarily
engaged in the manufacture or sale of products such as alcoholic
beverages, tobacco or other commodities which are considered
inappropriate to youth sports by the league, district, or the Corporation.
C. Other Income 1. Registration fees and parent donations are recommended,
2. Fundraising projects are excellent means of generating income.
3. Concession stands can be an excellent means of income.
Section 9. Expenses
A. Charter Fees
1. Each league must pay a charter fee on a per team basis. Th/s fee shall
be set and announced by the Corporation at each annual meeting.
2. Charter fees must be forwarded to the Corporation wath the charter
amendment form by April 1st, annually.
B. Insurance
I. Leagues must provide player medical/liability and spectator liability
insurance.
2. Leagues must forward proof of player medical/liability insurance and
spectator liability insurance to the Corporation by April 1st, annually.
EFFECT(A&B): Failure to comply may result in fines and/or being declared
ineligible for all-star competition.
Section 10. Financial Reports
A. All money received and disbursed must flow through a checking or a savings
account requiring two authorized signatures. This includes any and all funds. All
disbursements should be supportable by receipt.
B. A cash receipt and disbursement statement (famished by the Corporation)
must be completed and forwarded to the Corporation by October 31 st or fines will
be imposed.
C. A copy of the latest bank statement for the period reported on with a
reconcilement on the back, must be forwarded to the Corporation by October 31st
or fines will be imposed.
NOTE: These figures must support the year end report (receipts and
disbursement statement). The league shall be responsible to ensure the
Corporation's receipt.
10
EFFECT: I.f the financial reports ~re not received by the Corporation on or before
October 31st, a minimum fine of $15 will be assessed the league on their charter
fees. If reports axe not received by November 15th, an additional minimum fine
of $30 plus $1 per day will be assessed.
Section l 1. The Corporation may audit any league or district at any time. The auditor
shall be appointed by the Corporation.
Section 12. Ifa chartered league reaches a capacity of more than ten (16) teams in
both the Pee Wee and the Junior divisions, considerahon should be given by the league,
district and the Corporation, for the formation of a new league. At any such meeting, or
a meeting considenng altering existing boundaries, the affected leagues' and districts'
presidents, the Corporation's president, expansion director, rules director, and any other
interested part/es should be present.
Section 13. Ifa league disbands, all monies and assets shall be disposed of as the
league's by-laws require, otherwise they will revert to the Corporation.
11
RULE Ill
OFFICERS OF THE LEAGUE
Section 1. Elected Officers
A. President
The president shall serve as the league director, and with board approval, shall
act as its legal agent having the authority to sign contracts or execute and deliver
any instrument, with the exception of joint signature accounts, in the name of and
on the behalf of the league they represent. The president shall preside at all
league meetings and shall enforce all rules of LMKII and the league's by-laws.
The president shall appoint all committees and shall be responsible for all league
activities. The president shall be a voting member of the district board and the
Corporation.
B. Vice-President
In the absence of the president, the vice-president shall perform the duties of that
office and shall delegate other duties ensuring the league's prosperity.
C. Secretary
The secretary shall maintain a register of officers and members of the league,
record the minutes of all meetings, notify all members of meetings, and maintain
all records of the league. The secretary is responsible for forwarding
documentation to all governing bodies within the LMKII organiTafion. Minutes
must be submitted to the Corporation within 15 days of each meeting.
D. Treasurer
The treasurer shall be responsible for an accurate account of all receipts and
disbursements wi'dun the league. He/she shall be responsible for all monies
belonging to the league and make financial repons to the league as requested.
The treasurer shall be responsible for completion of the required financial
statement, submittIng it to the league board for approval, and forwarding it to
The Corporation by October 31st. Records must be kept for seven (7) years for
auditing purposes. In the event of an audit or upon terminatmn of office, the
treasurer must turn over all books, records, and monies to the president of the
league.
E. Player Agent
The player agent conducts the annual player selection system (draft) and all-star
selections and is responsible for verifying the eligibility of players.
12
F. League Coach
The league coach must be at least twenty-two (22) years of age and have passed
the required examination(s) of the Corporation. He/she is responsible for finding,
training, and assisting all coaches. If necessary, the league coach shall take over
and coach any team in need.
G. Rules Director
The rules director must be at least twenty-two (22) years of age and have passed
the required examination(s) of the Corporation He/she must have mature
judgment, firm convictions, and adequate knowledge of the official playing rules
and regulations. In the absence of a league umpire, the rules director is
responsible for training and scheduling of umpires.
NOTE: All umpires and coaches must be certified by a written exam
administered by a voting member of the Corporation present at the testing. All
tests or results should be returned to the Corporation's rules director or Ms/her
designee. Certification cards will be issued by the Corporation's rules director or
his/her designee. All umpires participating in the All-Star State ChampionsNp
Tournament must be certified by the Corporation's rules director or l'fis/her
designee. Certified state all-star umpires are exempt from taking the written
exam for the succeeding regular season. Only the Corporation's rules director,
with executive committee approval, has the right to revoke any certification card
at any time.
Section 2. Other Officers
A. Other board positions with voting privileges shall be at the league board's
discretion. Such positions may include field director, head scorekeeper, league
umpire, concession director, public relations, purchasing, fiJndrmsing, etc.
B. Each league shall select two (2) representatives to serve on the district board
and act as liaison between the district and league boards
Section 3. More than one office may be held by the same person except the offices of
president and treasurer.
Section 4. All board members and coaches of a league shall receive a copy of and
abide by the league's by-laws.
13
RULE IV
REGISTRATION OF TEAM PLAYERS
Section 1. A registration of eligible players shall be held prior to the begin.nJng of
each season's play.
Section 2. To be registered, each player must furnish the league with:
A. proof of birth date for proper placement in the age divisions.
B. proof of current residence, verifying legal playing boundaries of the league.
NOTE: Ifa girl wishes to play outside her legal playing boundary, see the LMKII
Official Rules and Regulations.
C. a completed parental consent form, signed by a parent, guardian, or managing
conservator.
D. a completed emergency authorization agreement and a n-avel permission
form, signed by a parent, guardian, or managing conservator.
Section 3. During registration, the league should:
A. obtain uniform sizes.
B. obtain a completed volunteer information sheet.
C. assign each player a tryout number. See Rule V of this manual.
D. collect registration fees. No girl shall be denied the right to play due to
financial hardship!!!
E inform parents of important dates within the league.
F. inform parents of uniform requirements not furnished by the league.
14
RULE V
TRYOUTS
Section 1. Tryouts shall be held as soon as possible after registration.
Section 2. Each player shall be assigned a letter, according to age, and a number to
be used for identification~
EXAMPLE:
6 years - A-l, A-2, A-3, etc.
7 years - B-I, B-2, B-3, etc.
8 years - C-l, C-2, C-3, etc,
9 years - D-l, D-2, D-3, etc.
10 years - E-l, E-2, E-3, etc.
11 years - F-l, F-2, F-3, etc.
12 years - G-l, G-2, G-3, etc.
13 years - H-l, H-2, H-3, etc.
14 years - I-1, I-2, I-3, etc.
15 years - J-l, J-2, J-3, etc
16 years - K-l, K-2, K-3, etc:
17 years - L- 1, L-2, L-3, etc.
18 years - M-l, M-2, M-3, etc.
Section 3. During tryouts, each girl should demonstrate her ability in rurming bases,
catching, throwing, bunting and kicking the ball.
Section 4 All coaches and board members or appointees should attend each tryout
session. Ifa team has no representative, a designated board member or appointee shall
act as a coach. The Corporation recommends that the representative not have a daughter
playing in the division of the team represented.
Section 5. Each league shall set the number of tryout sessions required for a player to
be_eligible for the open draft.
15
RULE VI
DRAFT
Section 1. Each league shall hold a draft annually for the proper placement of the
players on teams. This draft must be held in a timely manner at league option (within
seven (7) to ten (10) days after last tryout session is recommended).
Section 2. Each registered girl shall be placed in the regular draft.
A. All girls who attend all required tryouts are eligible for the open draft.
B. All girls who attend some, but not all, required tryouts will be placed in the
regular draft and shall be drafted (chosen) after all grrls who were in the open
draft have been chosen. Said girls' names shall be known to the drafting teams.
C. All girls who register and fail to attend any required tryouts shall be placed on
a team after the regular draft is completed, but before adjournment, by a random
lottery in such a manner that the girls' names are unknown tO the drafting teams.
EXCEPTION:
1. Returning players to an established team shall automatically return to that
team, unless the player requests to be placed in the draft or attends tryouts and is
eligible for the open or regular draft.
2. A daughter, granddaughter or sister ora coach may be automatically drafted
onto her parent's, grandparent's or sibling's team. This shall be accomplished by
the drafting coach submitting a "coach's option" to the player agent prior to the
draft. This applies to only the head coach and one (1) assistant coach per team.
3. Ifa new player(s) in a division has a sister currently playing on a team within
the same division, she may be automatically drafted onto the same team. This
shall be accomplished by the drafting coach submitting a "sister option" to the
player agent prior to the draft.
4. Ifa "bona fide" hardship is determined to exist by the league's board of
directors, cousins of players and nieces of coaches may be drafted in the same
manner as "coach's" or "sister" options discussed above. This determinataon must
be approved by the district board prior to the draft.
D. If two or more sisters are in the draft of a single division, they must be drafted
on the same team, unless they request otherwise to the player agent prior to the
draft. - . '~
~1. This shall be accomplished by the player agent ensuring the drafting
official at the drafting table is aware of the sisters before drafting
~, commences.
16
2. One of the sisters must be drafted on a team prior to the last complete
round in which every team receives a draft choice, ensuring all sisters are
on the same team. The drafting official shall calculate the latest round in
which the first sister must be chosen,
NOTE: The following methods are provided only as examples, not as rules.
Method A. When the first of two or more sisters is drafted (chosen), the
drafting team must draft the remaining sister(s) in the next round(s).
Method B. When the first of two or more sisters is drafted, the drafting
team must draft the remaining sister(s) in the last round(s).
Method C. When the first of two or more s~sters is drafted prior to the
"option" round, the drafting team must draft the remaining sister(s) in the
option round. When the first sister is drafted after the option round, the
drafting team must draft the remaining sister(s) in the last round.
Section 3~ Following the draft, coaches may exchange draftees before the draft is
adjourned. All exchanges must be made with the approval of the player agent.
Section 4.
drafted.
Players shall never be told the position or "round" in which they were
Section 5. Coaches shall notify their players within seven (7) days after the
completion of the draft or prior to March 15th, whichever occurs first.
Section 6, Drafting procedure for newly formed leagues only.
A. Determine the number of teams and the number of coaches needed.
B. Assign coaches to teams
C Set the tryout requirements and tryout dates.
D. Set a drafting date.
E. Draw for the drafting order.
1. Only the first three rounds shall be free drafting rounds prior to
exercising coach's or sister options. The league board determines
whether a league will have one, two or three free rounds.
a. Any coach's options must be exercised by the end of the fourth
round.
b. Sister options shall be drafted immediately following the
coach's options.
17
2. In the first round, "number one" shall have the first draft choice,
preceding down sequentially and the "last number" shall have the last draft
choice.
3. In the second round, the "last number" shall have the first draft choice
and "number one" shall have the last draft choice.
4. This sequence shall be maintained throughout the draft.
Section 7. Drafting procedures for established teams.
A. Determine the number of teams and the number of coaches needed.
B. Assign coaches to teams.
C. Set the tryout requirements and tryout dates
D. Set a drafting date.
E. Set the drafting order.
1. Only the first three rounds shall be free drafting rounds prior to
exercising coach's or s~ster options. The league board shall determine
whether a league will have one, two or three free rounds.
a. Any coach's options must be exercised by the end of the fourth
round.
b. Sister options shall be drafted immediately following the
coach's options.
c. RetUrmng players shall be drafted immediately after all options
are taken.
2. In the first round, the last place team in the precechng season shall have
the first draft choice, continuing up the standings fi'om the preceding
season in sequence, and the first place team shall have the last draft
choice. In the case of a tie in the preceding season's standings, a coin toss
shall determine which team drafts first.
3. This sequence shall be maintained throughout the draft.
EXCEPTION (Section 7): Any other drafting method approved by the
Corporation.
Section 8. Drafting procedures for age divisions with an expansion team.
A. All newly formed teams, or teams with no returning players, shall be
considered expansion teams and shall have two (2) free draft choices prior to the
beginning of the first round.
1. If there is more than one expansion team, a coin toss or draw shall be
used to determine the drafting sequence. The same sequence shall be used
throughout the draft.
18
B. After the expansion team(s) completes the two (2) free rounds, the draft
sequence shall follow the sequence described in Section 7 of this rule. The
expansion team(s) will be considered as being in last place for the preceding
year's standings and shall have the first draft choice of the open draft.
Section 9. If the total number of players in the draft, plus the returning players and
options, is less than the number of players required to fill all teams, the team with the
least number of returning players may be eliminated. If the team is eliminated after
tryouts and before the draft, any returning players of the eliminated team shall be notified
and returned to the open draft, as if they had attended all required tryouts.
Section 10. Additional teams should not be added after drafting has commenced or
adjourned, otherwise, all players origmally in the draft must be redrafted.
Section 11 All teams are not required to have the same number of players.
Section 12. All players registered prior to the draft shall be drafted onto a team.
Section 13. Late registening players shall be assigned to the next team in the draft
sequence at the adjotmm~ent of the draft, or to a team with the lowest number of players.
The method of assignment shall be equitable and approved by the league board.
Section 14. If a team disbands or is eliminated after the draft and prior to the first
regular season game, those players shall be placed on other teams in that div/sion by
lottery or draw method.
19
RULE VII
PLAYING SEASON SCHEDULE
Section 1. A schedule of games for the regular season play shall be prepared by the
league board and must provide for not less than fourteen (14) regulation games per team.
These games shall be as equally distributed between the teams as possible.
A. Play-off and tournament games shall not count as part of the regular season
schedule.
B. Teams of one league shall not play teams of another league as part of their
regular season schedule.
EXCEPTION:
1 The teenage division may have inter-league play count as part of their regular
season schedule.
2. If a league has three or less teams in the junior or senior division, the
Corporation may grant a league's request to have inter-league play, prowding all
leagues involved agree.
NOTE: A regular season of less than fourteen (14) games must be approved by
the Corporation. There is no requirement for each team to play every team in each
division.
Section 2. All games of regular season play shall be within the same division.
Exceptions must be approved by the Corporation.
Section 3. No team shall be scheduled to play more than one (1) game in one (1) day.
EXCEPTION: Tournaments, playoff and makeup games
Section 4. Practice sessions for organized teams may not begin prior to March 15th.
Section 5. The first regular season game may not be played prior to April I st.
Opening day ceremonies may take place on or after March 15th.
Section 6. Regular season play shall end on a date determined annually by the
Corporation.
Section 7.
Sunday.
The Corporation recommends a regular season game not be played on
Section 8. Each team shall say the Pledge of Allegiance and the Little Miss Kickball
Pledge at the beginning of each game of the regular season.
2O
Section 9. The Corporation recommends a split season be arranged with a play-off
between the winner of the first half and the winner of the second half to determine the
division's league champion.
Section 10. The Corporation recommends setting days (1 week) aside between halves
designated for make-up games and playoffs,
21
RULE VIII
ALL-STAR REGULATIONS
Section 1, All leagues shall specify their selection procedure for all-star players.
']Phis selection procedure must be forwarded to the district board and the Corporation
prior to their all-star selections, but not later than Junelst. Annually, the Corporation
will set a deadline for all-star team rosters to be forwarded to the Corporation The Pee
Wee division will not participate in all-star competition.
EFFECT: Failure to comply may result in fines anWor being declared ineligible to
participate in all-star competition.
Section 2. Annually, the Corporation will set the 1 st day of all-star practice. Any
team found practicing prior to such date must be reported to the Corporation's rules
director, by whtten protest, within 48 hours of the alleged violation. The protest shall be
decided by a protest committee appointed by the Corporation's president. The decision
shall be approved by the Corporation's executive committee.
EFFECT: Any team violating Rule VIII, Section 2, will forfeit their first game of the All-
Star State Championship Tournament.
Section 3. Annually, the Corporation will set the dates of the All-Star State
Championship Tournament. The dates will encompass, if possible, the Fourth of July
weekend.
A. The All-Stax State Championship Tournament and any type of all-star post
season playoffs will be double elimination.
B. No team shall be eliminated on the first scheduled day of the tournament.
Section 4. The All-Star State Championship Tournament shall be held at the hosting
league's fields designated by the Corporation. Leagues within the city limits of Corpus
Christi, Texas will be the hosting league every other year~ On alternating years, leagues
outside of Corpus Christi shall be the hosting league. ~
Section 5, Hosting League's Eligibility Requirements
A. To be eligible to host the All-Star State Championship Tournament, leagues
must have or obtain:
1. at least four (4) playing fields, two of which must have lights for night
games, approved by the Corporation's rules director.
2. more than one restroom per gender and centrally located.
3. a scorekeepers box at each field
22
4. adequate bleacher seating for spectators at each field.
5. at least one centrally located concession stand and telephone.
6. a scoreboard on each field.
7. at least one sectmty guard present throughout the tournament.
8. drinking water in each dugout
9. designated parking for tournament officials with a parking barrier for
protection of spectators
B. The hosting league's tournament teams may practice on the tournament fields
prior to the practice deadline set by the Corporation. No other league's all-star
team may practice on the hosting league's tournament fields prior to the
tournament.
NOTE: A league scheduled to host the All-Star State Championship Tournament
must notify the Corporation by November 1st of their intentions.
Sectaon 6. Duties and Responsibilities of the Hosting League
A. The Corporation shall appoint a tournament public relations chairperson from
the hosting league. This person shall distribute information to the local media.
The Corporation recommends television, radio, and newspaper advertising and
coverage.
B. The hosting league shall:
1. obtain a sound system for public addresses.
2. mainta/n a well-equipped first aid kit, centrally located_
3. provide personnel for proper field marking and grooming for each
game. Lime or other substances considered harmful shall not be used.
4. ensure the dugouts are properly labeled w/th the home team occupying
the th/rd base dugout and the visiting team occupying the f~st base
dugout.
5 designate and clearly label each field. One field shall be used for
juniors, one for seniors, one for teenage, and one shall be used as a
"swing" field for all divisions.
6. display the American Flag throughout the tournament.
7. have sufficient trash receptacles, dumpsters and personnel to ensure the
grounds are kept clean.
8. furnish name tags for the corporation board members and tournament
officials.
C. The hosting league must furnish a housing packet to the Corporation no later
than February 1st. This shall contain each recommended hotel's group room rate
and verification of accepting large groups. Each participating league shall be
responsible for their own reservations and payment.
23
D. The hosting league shall have adequate league personnel available at all times
to perform all duties necessary, under the direction of the tournament director, to
ensure a timely advance of the tournament.
Section 7. Duties and Responsibilities of the Corporation
A. The president shall act as or appoint the tournament director and committees.
Their responsibilities shall include:
1. being liaison between teams and the Corporation.
2. organizing any pre-tournament meetings.
3. Assisting the hosting league in securing necessary equipment.
4. providing brackets with game times and schedule of play to be mailed
to the participating leagues' and disthcts' presidents, prior to their arrival
to the tournament.
5. securing the umpire schedule and the scorekeeper schedule.
6. assuring each player's eligibility.
7 ensuring all entry fees are collected from each participating team.
These fees shall be used for tournament expenses. The fees will be set
annually by the Corporation
8. organizing an opening ceremonies, with the hosting league's assistance,
which shall consist of: 1) the National Anthem, 2) the Pledge of
Allegiance and LMK Pledge, 3) an opening address by the tournament
director, 4) the invocation, 5) the introduction and/or reeogmtion of the
founders of LMKII, 6) the introducnon of participating leagues, 7) the
ina-eduction of the hosting league's president, 8) the introduction of the
Corporation's board members.
9. approving the playing conditions of the fields.
10. providing a minimum of two game balls for each field.
11. providing one official seoresheet and scorekeeper for each game.
12. providing three certified umpires for each game.
13. ensuring the tournament schedule is followed.
14. organizing a closing ceremonies at which awards shall be given.
B. The Corporation shall approve and purchase awards.
1. Ftrst, second and third place teams and coaches and one sponsor
(maximum of 19 awards per team) shall receive individual awards. The
first place team in each division shall also receive the toumament's
division trophy to be returned at the next year's All-Star State
Championship Tournament's opening ceremonies. If any league's division
wins the tournament three (3) consecutive years, the division trophy will
be retired and shall remain with the winning league.
24
2. A most valuable player (MVP) chairperson shall be appointed by the
tournament director each year. The players from each team shall select a
player from their team that merits the title of MVP. This selection should
be based on both sportsmanship and quality of play throughout the
tournament. The method of selection must be approved by the
Corporation before the tournament begins. There shall be one MVP
award, furmshed by the Corporation, given by each team.
3. Sportsmanship award(s) may be given in each division. The selection
method must be approved by the Corporahon.
4. Participation awards may be considered
NOTE: The coach of the first place team shall receive the game ball for
all players to sign and the bracket.
Section 8. Duties and Responsibilities of Coaches, Umpires, and Official
Scorekeepers
A. All coaches shall arrive at their scheduled playing field at least fifteen (15)
minutes prior to the game and furnish a complete line-up, in triplicate, to the
umpire-in-ch/e£
B. All umpires shall amve at the scheduled playing field at least fifteen (15)
minutes prior to the scheduled game tame. The umpire-in-chief shall receive
both team's lineups and shall give one copy to the official scorekeeper and the
opposing coach. The umpire-in-chief shall retain one copy for hirrffherself. The
umpire-in-chief shall introduce all coaches and umpires to each other and have a
brief pre-game conference. The umpire-in-chief shall then dismiss the coaches
and have a pre-game strategy session with his/her crew. The umpire-in-chief
shall solely ensure the game starts on time and remains punctual.
C. The official scorekeeper shall arrive at the scheduled playing field at least
fifteen (15) minutes prior to the game and shall prepare the official scoresheet
immediately and assist the umpire-in-chief in starting the game on time.
D. The first game of each day's play shall begin with the Pledge of Allegiance
and the LMK Pledge.
NOTE: If rain occurs, the Corporation shall immediately have a meeting to
determine a course of action.
25
RULE IX
DISTRICTS
Section 1. Each district's board of directors must be comprised of at least the
presidents of all leagues within that district's boundaries and two (2) representatives from
each member league. These members shall have voting privileges. The league's
representatives shall be selected by each league.
Section 2. Directors of the district shall include president, vice president, secretary,
treasurer, rules director, and teenage commissioner. These officers shall be elected by
the voting members of the district from the preceding season. This election shall be held
and the results forwarded to the Corporation by August 31 st.
Section 3. The district shall maintain copies of the charter applications, the charter
amendments and the by-laws and rules of all member leagues.
Section 4. The dislxict board shall meet at least once a month from March through
June. All minutes of all meetings must be forwarded to the Corporation within 15 days.
Section 5. Financial
A. The district shall maintain bank checking and/or savings accounts. These
accounts, certificates of deposits, money market or any type accounts shall be
registered as "(name of district)" Little Miss Kickball.
1. All deposits shall be made in the name of the disthct.
2. Withdrawals from the accounts shall require the joint signatures of at
least two authorized directors of the dismct.
3. Only one checldng account shall be permitted.
4. Records shall be kept for at least seven (7) years to aid in any audits by
the Internal Revenue Service or by the Corporation.
B. An annual financial statement shall be completed and submitted to the
Corporation by October 31 st. The fiscal year shall be October 1st through
September 30th.
NOTE: Each district is responsible for the receipt by the Corporation
EFFECT: If the financial reports are not received by the Corporation by October
31st, a minimum fine of $15 will be assessed the district. If reports are not
received by November 15tlk an additional minimum fine of $30 plus $1 per day
will be assessed.
Section 6. Districts may be audited at any time by the Corporation.
26
Section 7. Each district shall act as the liaison between the leagues and the
Corporation
Section 8. By-Laws for the operation of the district shall be forwarded to the
Corporation for approval. These by-laws shall outline all facets for the membership and
operations of the district. Any revisions shall be submitted to the Corporation for
approval. Revisions of the by-laws will not be considered in effect until the district is
notified by certified mail of their approval by the Corporation.
Section 9. Any by-laws which are in conflict with, or not in accordance with, the
rules and by-laws of the Corporation, or the official playing rules, will not be approved.
Section 10. If a district disbands, all monies and assets will be disposed of as the
district's by-laws require; otherwise, all assets will revert to the Corporation.
27
RULE X
COMPLIANCE
Section 1. A league or district which is unable to comply with any of these LMKII
rules and regulations must submit, in writing, a detailed explanation to the Corporation.
The explanation must outline: 1) the specific rule or rules they have or wish to deviate
from, 2) the reason or rational for the deviation, 3) the method or steps they will
undertake, if any, to come into compliance, 4) the schedule for complete compliance.
The Corporation must receive this document by February 1st. The Corporation shall
respond within sixty (60) days.
FORMS
The following list of forms may be obtained fi'om the Corporation.
Charter Application
Charter Amendment
League and District Executive Boards
RegisU-ation Form
Coach Application
Parental Consent Form
Emergency AuthorizaUon A~eeraent
Travel Permission Form
Fundraising Application
Cash Disbursement
Bank Account Information
League Financial Statement
District F~nancial Statement
Expense Account Breakdown
Revenue Account Breakdown
Texas Sales Tax Exempt Certificate
Official Protest Form
League Protest Response Form
District Protest Response Form
All-Star Roster
28
LITTLE MISS KICKBALL INTERNATIONAL, INC.
CORPORATION BY-LAWS
ARTICLE I. OFFICES
Section 1. Offices- The pnncipal office of the Corporation in the state of Texas shall
be located in the city of Corpus Christi, the county of Nueces, and the state of Texas.
The Corporation may have other offices, either within or outside of the state of Texas, as
the board of directors may determine or as the affairs of the Corporation may require
from time to time.
Section 2. Address- The Corporation shall have and continuously maintain, in the
state of Texas, a registered office and a registered agent, whose office is identical with
such registered office, as required by the Texas Non-Profit Corporation Act The
registered office may be, but not need be, identical w/th the pnncipal office in the state of
Texas and the address of the registered office may be changed from time to tflne by the
board of directors.
ARTICLE II. MEMBERS
Section 1. Type of Members- The Corporation shall have two types of members, the
general members and the board of directors. A person shall not be denied membership
based on race, color, religion, gender, or national ongin.
Section 2. The General Members- The general membership shall consist of all
persons otherwise qualified for membership who shall vote on all matters brought before
them dur/ng the annual meeting. A general member shall be any person who has shown
an active interest in Little Miss Kickball International, Inc. by their participation in past
or present league or district activities.
Section 3. The Board of Directors- The Corporation shall have a governing board of
directors consisting of an executive committee, regulax members, founding members and
meritorious members.
A. The Executive Committee- The Corporation shall have an executive board of
officers known as the executive committee. The executive committee shall
consist of the president, the vice president(s), the secretary, the treasurer, the rules
director, and any such other officers as may be elected in accordance with the
provisions of this article. Any two or more offices may be held by the same
person, except the offices of president and secretary.
29
B. Regular members- In addition to the executive committee, the Corporation
shall have regular members of the board of directors consisting of: 1) the
president of each active district, 2) the hosting league's All-Star State
Championship Tournament's public relations representative, 3) the president of
each active league.
1. These members may appoint a representative, by written notification
to the Corporation's president, to attend any regular or special meeting of
the LMKII Board of Directors. In his/her absence, the representative shall
have all the rights and privileges of the absent member during that
meeting only.
2. The election and term of office shall be that of the league or district
from which the member was so determined.
C. Founding members- The Corporation has recogmzed and designated the
following persons to be lifetime members of the board of directors with full
voting privileges and rights:
1. Shirley Boyd
2. Marty Caldwell
3. Barbara Meisen
NOTE: Founding members shall not be included in a count of quorurn.
D. Meritorious members- The Corporation has recognized and designated the
following persons to be lifetime members of the board of directors with 'full
voting privileges and rights:
1, Laneal Bfitmin
2. Roland Zepeda
3. Fred Swartz
NOTE: Meritorious members shall not be included in a count of quorum.
Section 4. Resignation- Any board member may resign by filing a written
resignation with the secretary. Such resignation shall not relieve the resigning member of
the obligation to pay any outstanding debt owed the Corporation.
Section 5. Removal of members- Any member of the board of directors may be
removed from their office and the Corporation's board by a three-fourths vote of the
board of directors. The considered board member must be given at least two weeks
written notice prior to the vote. Said vote must be conducted during a regular or special
meeting of the board of directors.
A. Any league, district, or corporation board member who displays conduct
considered not consistent with the purpose of Little Miss Kickball, or the duties
and responsibilities for which the office was intended, may be removed from
office.
30
B. Any corporation board member who fails to attend three consecutive regular
meetings without a whtten or oral excuse may be removed from office.
Sect/on 6. Should board member resign or be removed from office prior to the
any
expiration of the office, the remaining term may be filled by a majority vote of the board
<~.~f directors.
Section 7. Reinstatement- Upon written request, signed by the former member and
filed with the secretary, the board of directors may, by a three-fourths affirmative vote,
reinstate said former member to the Cotporat/on's board. A reinstatement ora former
board member shall not be considered if the vacated posit/on has been filled by the board
of d~rectors.
Section 8. Transfers- Membership in the Corporation is not transferable.
Section 9. Qualifications to hold an execm/ve committee office shall be as follows.
A. President- A minimum of five years active participation in Little Miss
Kickball Intl, Inc. A minimum of two years as a member of a league, district, or
the Corporation board A minimum of one year as a LMK board president, vice-
president, secretary, treasurer or roles director.
B. Vice-President(s)- A minimum of four years active participation in Little
Miss K/ckball Intl., Inc. A minimum of two years as a member ora league,
district, or the Corporation board.
C. Secretary- A minimum of three years active participation in Little Miss
Kickhall Intl., Inc. A mm/mum of one year as a member of a league, district, or
the Corporation board.
D. Treasurer- A minimum oft~ee years active participation in Little Miss
K/ckball Ind., Inc. A minimum of one year as a league or district treasurer. This
person shall demonstrate to the nominations and elections committee, sufficient
knowledge ofaccotmting practices and principles
E. Rules D/rector- A minimum of four years ofacave participation in Little Miss
Kickball Intl., Inc. A minimum of three years experience umpiring at the All-Star
State Championship Tournament. This person shall have adequate knowledge of
the Little Miss Kickball Official Playing Rules and Regulations.
31
Section 10.
The executive committee shall be elected in the following manner.
A Nominations from all districts, for the officers to be elected, shall be received
by the nominations and elections committee prior to July 1st of each year. The
nominations and elections committee shall not solicit, delete, or add to the ballot.
Only names nominated through districts shall be placed on the ballot.
B. The ballot shall be distributed to all eligible voters by mail prior to July 15th ~,
Persons ellgtble to vote shall be the members of the current LMKII Board of ~'
Directors. No member shall be entitled to more than one (1) vote. ~4/,//
C. Each voting member must mail the completed ballot to the nomtnations and
elections committee. The ballot must be postmarked by August 1st, of the same
year the ballots were received, or the vote shall not be counted.
D~ A majority of votes is required for election. For these purposes, a majority
shall consist of one more than half of the total votes received. If no majority
exists, a runoffbetween the two nominees with the most votes shall be held as
soon as possible. The runoff shall follow the same procedure as stated above.
Section 11. The executive committee shall be elected for the following terms.
A. The president, secretary, and rules director- two consecutive years beginmng
with ~n even numbered year.
B. The vice-president(s) and treasurer- two consecutive years, beg/nning with
an odd numbered year
ARTICLE llI. DUTIES OF THE BOARD OF DIRECTORS
Section 1. Exectmve Committee
A. President- The president shall be the pnncipal executive officer of the
Corporation and shall supervise and control all of the business and affairs of the
Corporation. He/she shall preside at the annual meeting and all meetings of the
board of directors. The president shall sign, with the secretary or any other
authorized corporation director, any deeds, mortgages, bonds, contracts, or other
instruments authorized by the board of directors, to be executed. In some cases,
the signing and execution of an instrument may be expressly delegated by the
board of directors, these by-laws, or by statute to another director or agent of the
Corporation. The president shall perform all duties incident to the office of
president and such other duties deemed necessary by the board of directors.
32
B Vice-President(s)- In the absence of the president or his/her inability or
refusal to act, the vice-president (in proper order, if more than one) shall
perform the duties of and be subject to all the responsibilities of the president.
Any vice-president shall perform any other duties assigned to him/her by the
president or the board of directors.
C. Treasurer- If requested by the board of directors, the treasurer shall give a
surety bond for the faithful execution of his/her duties in such sum as the board
of directors deems necessary He/she shall have charge and custody of all funds
and securities of the Corporation and receive and give receipts for monies due
and payable to the Corporation from any source. The treasurer shall deposit or
invest all monies of the Corporation, in the name of the Corporation, m such
banks or other depositories a~ shall be selected in accordance with the provisions
of these by-laws and perform all duties incident to the office of treasurer and such
other duties assigned to him/her by the president or board of directors.
D. Secretary- The secretary shall keep the minutes of all corporation meetings in
one or more books p~-o',hded for that purpose and shall ensure all notices are duly
g/ven in accordance with the provisions of these by-laws or as required by law.
He/She shall be custodian of the corporate records and of the seal of the
Corporation and ensure the seal of the Corporation is affixed to all documents and
the execut/on is duly authorized in accordance with the provisions of these by-
laws. The secretary shall keep a register of directors addresses and telephone
numbers and perform all duties incident to the office of secretary and such other
duties assigned to him/her by the president or board of directors.
E Rules Director- The rules director shall maint~Jm, review, and present for
approval, all league and district by-laws and rules and regulations, ensuring such
are in accordance with the provisions of these by-laws and the Corporation's rules
and regulations. He/she shall maintain and be responsible for the official playing
rules and regulations and receive, present and advise proposed role changes in
odd numbered years. The rules director shall prepare certification tests and
training procedures for all umpires and coaches and develop forms and
procedures for official playing rule protests. He/She shall be the final authority
ruling on playing rule protests appealed to the Corporation and shall perform all
duties incident to the office of rules director and such other duties assigned to
him/her by the president or board of directors.
Section 2. Regular Members- Each member shall perform all duties incident to the
office of the governing board and such other duties as prescr/bed by the board of
directors.
~3
ARTICLE IV. COMMITTEES
Section 1. Committees of Directors- The board of directors, by resolution adopted
by a majority of the directors present at a meeting in which a quorum is present, may
designate and appoint one or more committees, each of which shall consist of' one or
more directors.
A. Committees shall have and exercise the authority of the board of directors.
B. Committees shall not have the authority to:
1) amend, alter or repeal the By-Laws; 2) elect, appoint or remove any
member of any committee or any director or officer of the Corporation; 3
amend the Articles of Incorporation; 4) adopt a plan of merger or
consolidation w/th another corporation; 5) authorize the sale, lease,
exchange, or mortgage of any property and assets of the Corporation; 6)
authorize the voluntary dissolution of the Corporation or revoke
proceedings thereof; 7) adopt a plan for the distribution of the assets of
the Corporation; 8) amend, alter or repeal any resolution of the board of
directors which by its terms provides that it shall not be amended, altered
or repealed by such committee.
C. The designation, appointment of any such committee and the delegation
thereto of authority of any such shall not operate to relieve the board of directors,
or any individual director, of any responsibility imposed upon it or him/her by
law,
Section 2. Chairperson- The member or members, who authorized the committee,
shall appoint one member of each cornmittec to act as chatrperson.
Section 3. Term of Office- Each member of a committee shall continue as such until
the next Annual Meeting of the Corporation and/or until his/her successor is appointed.
If the committee is terminated or a member ceases to qualify for membership, each or
every member of&ny committee may be removed from said committee.
Section 4. Vacancies- Vacancies in the membership of any committee may be filled
by appointments made in the same manner as the original appointments.
Section 5. Quorum- Unless otherwise provided m the resolution oftbe board of
directors designating a committee, an attendance of one more than half oftbe total
committee members shall constitute a quorum. The act ora majority of the members
present at a meeting at which a quorum is present, shall be the act of the committee.
Section 6. Rules- Each committee may adopt rules for its own govermnent, not
inconsistent with these by-laws or rules adopted by the board of directors.
34
Section 7. Standing Committees- The corporation shall have the following standing
committees: 1) nominations and elections, 2) house affairs, 3) expansion, 4) public
relations, 5) scholarship, 6) insurance.
A. The president or his/her appointee(s) shall appoint these committee members.
B. The president or his/her appointee(s) shall appoint one member of each
committee to act as chairperson.
C. Such chairperson, or his/her assistant, of any standing committee shall have
voting fights dunng regular and special meetings of the board of directors. Said
chairperson shall perform all duties related to the business of the committee to
which he/she is appointed and any other duties deemed necessary by the board of
directors.
Section 8. Other Committees- Other committees, not having and exercising the
authority of the board of directors in the management of the Corporation, may be
designated by a resolution adopted by a majority of the board of directors at any meeting
at which a quorum is present. Except as otherwise provided in such resolution, members
of each such committee shall be members oft, he Corporation The president of the
Corporation or his/her appointee(s) shall appoint these members. Any such committee
member may be removed by the person(s) who appointed them whenever such removal
serves the best interest of the Corporation.
ARTICLE V. MEETINGS
Section 1. Regular meetings- A regular annual meeting of the board of directors and
all general members shall be held without other notice than this article, to be concurrent
with the annual meeting of members. The board of directors may provide, by resolution,
the time and place, either within or out of the state of Texas, for holding additional
regular meetings of the board of directors without other notice than such resolution.
Notification of such meetings shall be forwarded, by mail, to all corporation board
members. It shall be each league president's responsibility to notify the general
membership.
Section 2. Special meetings- Special meetings of the board of directors may be
called by or at the request of the president or any two executive committee members.
Any place, either within or out oftbe state of Texas, may be used for holding a special
meeting.
Section 3. Quorum- An attendance of one-third of the executive committee and the
regular members of the board of directors shall constitute a quorum for the transaction of
business at any meeting of the board. A member entitled to vote by written proxy shall
be counted towards a quorum.
35
Section 4. Manner of acting- The act of a majority oftbe directors present at a
meeting at which a quorum is present shall be the official act of the board of directors,
unless the act of a greater number is required by law or these by-laws.
Section 5. Proxy- At any meeting, a member entitled to vote may cast a vote by
written proxy executed and signed by said member or by his/her duly authorized attorney
in fact. The written proxy vote may be cast at the meeting. In no case shall a single
member be entitled to cast more than one (1) vote.
Section 6. Voting by mail- Where directors or officers are to be elected by members
or any class or classes of members, such election may be conducted by mail in such
manner detem'nned by the board of directors.
Section 7. Informal action by directors- Any action which may be taken at a meeting
of the directors may be taken without a meeting if a written consent, detailing such action
taken, is signed by all directors.
Section 8. Compensation- Directors shall not receive any salaries for their services.
However, by resolution of the board of directors, a fixed sum and reimbursements may
be allowed for attendance ora meeting. Nothing herein contained shall be construed to
preclude any director from serving the Corporation in any other capacity and receiving
compensation therefore.
ARTICLE VI. CONTRACTS, CHECKS, DEPOSITS AND GIFTS
Section 1. Contracts- The board of directors may authorize any officer or officers,
agent or agents of the Corporation, in addition to the officers so authorized by these by-
laws, to enter into any contract or execute and deliver any instrument in the name of and
on behalf of the Corporation, and such authority may be general or confined to specific
instances.
Section 2. Checks, Drafts, etc.- All checks, drafts, or orders for the payment of
money, notes or other evidences of indebtedness issued tn the name of the Corporation,
shall be signed by such officer or officers, agent or agents of the Corporation and in such
manner as shall from time to time be determined by resolution of the board of directors.
In the absence of such determination by the board of directors, such insla-umenls shall be
signed by the treasurer or an assistant treasurer and countersigned by the president or a
vice-president of the Corporation. In no case shall corporate funds be disbursed or
transferred w/thout two authorized signatures.
Section 3. Deposits- All funds of the Corporation shall be deposited from time to
time to the credit of the Corporation in such banks, trust companies or other depositories
as the board of directors may select.
36
Section 4. Girls- The board of directors may accept on behalf of the Corporation any
contribution, girl, bequest or devise for the general purposes or from any special purpose
of the Corporation.
ARTICLE VII. BOOKS AND RECORDS
Section 1. Books and Records- The Corporation shall keep correct and complete
books and records of accounts and shall also keep minutes of the proceedings of its
members, board of directors and committees having any authority of the board of
directors, and shall keep, at the registered or principal office, a record giving the names
and addresses of the members entitled to vote. All books and records of the Corporation
may be inspected by any member or his/her agent or attorney for any proper purpose at
any reasonable time.
ARTICLE VIII. FISCAL YEAR
Section 1. Fiscal Year- The fiscal year of the Corporation shall begin on the first day
of October and end on the last day of September.
ARTICLE IX. DISSOLUTION OF THE CORPORATION
Section 1. Dissolution- In the event of dissolution of flus Non-Profit Corporation,
the remaining assets, if any after payment of debts, will be distributed to one or more
non-profit corporations to be decided by the Corporation's board of'directors.
ARTICLE X. LEAGUE AND DISTRICT ORGANIZATION
Section 1. Playing Rules and League Rules- All leagues and distncts chartered by
Little Miss Kickball International, Inc. must adopt the official playing rules and
regulations and the Corporation's rules and regulations as set forth by the board of
directors. Any league or district found in violation or non-compliance with the official
playing rules and regulations or the league rules and regulations may be subject to charter
dismissal.
Section 2. Governing Bodies- All leagues which are granted charters shall be
governed according to the following:
A. Corporation Board of Directors
1. District Board of Directors
a League Board of Directors
37
ARTICLE XI. SEAL
Section 1. Seal- The board of directors shall provide a corporate seal, which shall be
in the form of a circle and shall have inscribed thereon the name of the Corporation and
the words "Corporate Seal of Little Miss Kickball International, Inc."
ARTICLE XII. WAIVER OF NOTICE
Section 1. Waiver of Notice- Whenever any notice is required to be given under the
prowsions of the Texas Non-Profit Corporation Act of 1959 or under the provisions of
the Articles of Incorporation or the By-Laws of the Corporation, a waiver thereof, in
writing, signed by the person or persons entitled to such notice, whether before or after
the time stated therein, shall be deemed equivalent to the giving of such notice.
ARTICLE XIII. AMENDMENTS TO BY-LAWS
Section 1. These by-laws may be altered, amended or repealed and new by-laws may
be adopted at a special meeting of the board of directors if at least 14 days written notice
is given of intention to alter, amend or repeal or to adopt new by-laws, providing that a
quorum is present at such meeting.
38
TO WHOM IT MAY CONCERN:
I certify that this document is a true and correct copy and
has not been amended or repealed.
Secretary-Treasurer
Southside Little Miss Kickball League
SOUTHSIDE LI'I-rLE MISS KICKBALL
BY,LAWS
PURPOSE
The purpose of these By-Laws is to devetop a set of guidelines and rules for the
ordedy administration of the Southside Little Miss Kickball League (herein
referred to as the League) by the duly constituted Board of Directors (herein
re[erred to as the Board). The By-Laws set forth League policy, procedures,
duties and other required League functions necessary fo~' the development and
implementation of an orderly, organized, and successful kJc~.ball season. Each
Board member - should th(xoughly review these' By-Laws in order to inc,'ease
his/her effectiveness to the Board and to the League_ These By-Laws can be
amended by Board approval at two consecutive rr'~s with thme4ou~d~s
(75%) of the Board present and two-thirds (2/3) of those present vo~ng for the
amendment(s).
"For when that one Great Scorer ogrnes to mark
against your name, he records not that you woo
or lost _.. but how you played the game.'
BOARD OF DIRECTORS
A- General.
The Board of Directors or' the League shall consist of not more than twenty (20) and
less than b,velve (12) Regular members duly elected as provided herein. Board
membership shall be open to beth men and women who are at least nineteen (19) years
of age prior to any election at which such members are co~sidered. In all cases, the age
determination shall be based on the age of the Board member, pros~;~ive Board
member, League o~ear, coach candidate, or umpire candidate as of March 15 of the
current playing season, or rne actual date of when rna election/voting occurs, whichever is
later.
Term in Office.
Board members shall be elected for two (2) year temps. For continuity, the poticy of the
Board shall be to elect approximately 50% of the membership o~ an annual bes~s_ At the
end of the two year term, any Board mamber may be considered for continued Bosrd
membership only if he/she is nominated and elected as provided hamin. There shall be
no limitation established for the maximum number of terms any Board member may
se{'ve.
Seeing In Other League Positions.
As much as practicat~e, all Board members shall become carload umpires. A Board
rnember may also sense as coach or assistant caach in ~ League but shall have no
voting privilege on behalf of the team, or o~ behalf of the c~3aching staff of the team to
which said Board member also has coaching duties_
RaslgnatJon.
Board members may [esign at any time, but must give oral or written notice of reaignation
to the League President. The Board shall have aufl'~ to flit such positions of resigned
members by nominatio~ and appo~,[n,ant ixoceduras described herein. FOr the Imposes
of repiact~ a resigned Boaa:l member, ~ same quorum and vo[Ing rules as these
adored fOr repiactng terminated membem shall aPl~. In addition, ~ te~m of sense for
the replacement member shall be the unex~ term o~ the Board membe~ he/she has
been appointed to reptaoe_ Fu~'ber, replaceme~ norninaflch3s shall not be varid at any
Board meeting unless notlrmation of said rne~ also include~ an agenda Item spec~
that norn~appointments will be taken at the meeting_
Removat and Tem31natlon.
The {~oa~'d shall have autho~ to remove and terminate Boan:l men~ of any
merrier when evidence lusting such adio~ has ~ demon~,l~.ed. A removal adion
shall not be brought up at any Board rne~ unless ~ notlflcetJo~ of such mee~ also
inc~udas irfformation that a removal action is an ageada item to be c~3sidered at such
meeting_ In the event of an actk:~ to remove a Board ~r for cause, a minimum of
75% of the Board membe~hil3 must be prasen~ at the meeting where such action ~s
considered. Removal action must be apl:~oved by Iv,~ttlrds (2/3) of those present.
Further, such remova~ action must be approved at two (2) coosecutk, e meetings fOr the
action to stand. Cause for removal may Include illegal or Immocal acts, mleappt~ of
League equipment and/or League funds, conduct unbecon~ a League Director, and
others deemed harmful to the League and the League Image. Otber than due cause for
removal as heretofore mentioned, Board members may also be removed f~ failure to
attend at least three (3) consecutive meetings without an excused absence_ The Board
alone shall determine what constitutes an excused absence. There shall be no appeal for
a removal action.
Page 1
Board Member Emeritus.
In addition to Regular Board of Directors, the League may designate up to a cumulative
total of four (4) At-Large Board Members whose status is Honorary and Emeritus. Each
Emeritus member shell be selected because of his/her dedicated, long-term support and
meritorious service to Southside Little Miss Kickball. Such members shall be appointed
lot terms of Five (5) years. The method of appointment shall be by vote o1' the current
Regular Board membership with the same quorum and voting rules as applies to repiaclng
Regular Board members. Once appointed, the Emeritus Board member shall have all
rights and privileges that are accorded Regular members except as modified h~ein. Such
privileges shall include voting privileges, but shall exciude the right of proxy. Said
Emeritus members shall be counted In determining quorum status but only to the extent
that they are in attendance at that rneoting. They shall not be counted for quorum
purposes if they are absent. For example, the Board consists ~ twent~ (20) Regular
members and four (4) Emeritus members and all mernbem are in attendance. For
quorum and voting purposes, 75% means 18 membem (Regular and Emeritus) are
required and two-thirds (2/3) majority requires sixteen (16) "Yes' votes. In another
exam[Die, if there are ~vetve (12) Regular and three (3) Emeritus members present, the
numbers are 12 (75%) members and 10 (?J3) voting 'Yes". Emeritus meml~em can be
removed by the same procedure used for RemovaJ of Regular members if the Emeritus
member fails to attend at least five (5) meetings each year.
VofJng.
Ail voting done in regard to Board member elactions, replacement appointmenla, Emeritus
Board member elections, and Removal actions shall be done by secret ballot. Any other
voting where there may be a conflict of interest between Board members shall be done by
secret ballot.
Meetings.
Meetings shall be held as deemed necessary by the Board to conduct the business of the
League. Only the League President or Vice Presldo~ shall have ~ auth~ to call a
meeting. Regular meetings may be hetd no sooner ~ the day following a notification of
said called rnee{leg. The League Se~a~/ shall be responsible for notifying Beard
members of the plaoned meeting location and st~uting Ume. The mee{leg location shatl be
selected to be consistent with the number of pe~ons expected to attend such meeting.
Closed meetings shall be held onJy for the purpose of actleg on: (a) dlsolpltnary ac~on
affeaUng a Board member, a coacfl, or an umpire (b) removal/tema3ation of a Board
member, a coach, or an umpire, (c) ~ c~arges of misconduct I:m3ught against a
Board member, a o3ach, or an umpire, (d) selection and/or elecl~on of c¢~achea, or (e)
All-Star setectio~ Although a olosed mee~ may be held to discuss the aforesaid item,
the Board must, if requested, announce the results of said closed meeting in a succeeding
open meeting.
Routine Board Actions_
The Board shell act on routine matters which come be~o~e it in a manner and fashion
consistent with the procedures sot out in Ro/ne~s Rules of Order, or similar doc~-ine. A
quorum shall be two-thirds (2/3) of the Board membership except for n-n-n-n-n-n-n-n-nme~ers pertaining to
Board rnember electlor~, replacements, removals, or ten'nl~ations, and for noach
selectbn and approval at which time a quorum shall be three-fourths (75%) of tfm Board
membership. In no event, shall any single Board member represent himself/herself as
acting for the Board unless he/she is specifically authorized to do so. Any such action, or
misrepresentation which reflects a negative Image upon the Board,or b detrimental to the
stated purpose of the Little Miss Kickball organization may be considered cause for
removal action against such Board member. The Board shall, during each playing
season, maintain a roster of Board members and positions, complete with addresses and
Page2
telephone numbers. Saki roster shall be placed in a conspicuous location at the playing
field.
Elections_
Annual elections shall be held to elect approximately 50% of the Board membership.
Persons considered eligible for Board membership Include parents and relatives ot team
members, or any person interested in the growth and perpetuation of Little Miss Kickball
who otherwise meets the age and other Board criteria. Persons being oonsiderad should,
if possible, reside In the area of the League boundaries, but, In no event, shall a Board
member reside outside the oty limits of the city in which the League is located unless
such person has a daughter by marriage o~ adoption registered in the League. The Board
shall actively solicit nominations from interested and active persons with a positive and
constructive Interest in the League. The Board shall appoint from within its members a
nominating committee whose duty Is to recommend e slate of proposed members to
replace those Board members whose terms expire. The Board shall meet to select a s~ate
of Board-recommended nominees from those names placed into nomination by ~
nomlnafieg committee. To this slate, the League Se~'atary shall add the names of all
qualified ~'iteqn nominees who have plac~d their names on nernination lists -posted in a
conspicuous location at the League [ield, The League Secretary shall prepare an official
bellot containing all nominated names. Thase ballots shall be the ~ election
instruments tot the Board ~cction. Such elections shall be held no earlier than thirty (30)
days ~ to the date of the last regularly scheduled season game, and no later than July
15 of the election year. The date(s) and time(s) for the ele~__'_.~q ot new Board members
shall be set by the Board no later than ffu'ee (3) days prior to the flint (only) voting date.
Notice o~ such election date(s) shell be posted at the League field In a conspicuous place
no later than tun3 (2) days prior to the first (only) such date. To the extent practicable, Ihe
Board shall notify coaches and other mterasted persons. No{it'mation by mail shall not be
required. A mc~ng shall be called by the Board at the earliest posslbie time following the
last(ooly) young date for the purpose of canvassing ttm votes cast in the general elecUon.
Only Board members, ceac,hes, ass~ran~ coaches, League umpires, and
paronts/guardlans of registered players shall have the right to cast a vote. Only o~e ballot
per person may be cast. The Board shall count ballots In open rceeUng, or will announce
the voting results in open meeting. New Board members shall be ek~ctad based on the
total votes a,'~,mulatad by each nominee. Those nomir, c,,.~, with the most votes cast
(piurality) will be deolared winners and duly installed on the Board. In the event of a tie
vote for a new Board member, the present Board ~ whose Board term does not
exp~e shall vote to break {he lie_ The rules regarding a quorum are suspended for this
tie-brealdng vote. The Board and only ~ Board sha~ have the right to appoint League
olTmem to the various positions (President, V-me-President, etc.) on a yearly basis. A
meeting to select the offmers for the next year shell be called prior to July 31 of the corrent
year. Re~urning Board member, newly elected Board rne~bers, and out-going Board
members may attend this meeting. Out-going members shall not vote for the succeeding
League offm;ers. The current League Praside~t shall praside_
Managing a successful League requires sacrifice and dedication bef~e, dudng, and after
the playing season. Each Board member shall pk~dcje three (3) hours per week toward
performing his/her duties for the League both at the field and at home.
L. Required Board Positions.
The Board shall annually setes{ from among its membership, by appointment, ballot, vote,
or other means accop~able to the current Board, as a minimum the following League
Officer positions. Other positions, as deemed necessary by the Board, may be created in
addition to these mandatory positions.
P~e3
The required positions are:
President
Vice-President
Secretary
Treasurer
Player Agent
League Coach
League Umpire
League Rules Director
Equipment Director
Sponsor/Publicity Director
Specific duties for the above positions shall be as stated below. Assistants to these
mandatory positions may also be appointed.
President.
The President shall serve as the League Director and Chief Executive Off'mac. He/she
shall act es Its legal agent having the authority to sign contracts or execute and daliver
any Instrument in the name of and on behalf of the League so long as such act~3c~s
are cortslstent with Little Miss Kickball International, Inc. (herein referred to as the
Corporation) and/or League Board policies and have appropriate approval. The
President shall preside at all meetJngs of the League and shall enforce all rules of the
Corporation, and the League By-Laws. W~th appropriate Board a-pprr)val, toe
President shall appoint all cornmlltees during the term of office and shaJl he
responsible for all League activities The President Is a member of the District Board.
2_
Vice-President.
In the absence of the President, the Vlce-Presidant shall pedorrn the duties of that
office and shaJt discharge o(be~ duties as my be delegated by the President. The
Vice-President shall have edmini~hutive responsibility for the annual registration
The Secretary shall maintain a roster of o~mem and members of the League, rec¢~
the minutes of League r~'....~ngs, notify oflcers and Interested memhem of ~
meetings, matfltaln all records of League ac~'itles. The Secretary t~ primarily
responsll~e for forwarding documentation to all governing bodies within the
The Treasurer shall maintain an accurate accounting of aU receipts and dlsbursaJs
within the League_ The Treasurer shall manage alt monies belonging to the League.
The Treasurer ~ receive and disbume monies, goods, or any Items of .vaJue
acquired by ttm League, or coaches, or oU'mr agents of the League in I~e form of
recj~,u~u,i fees, donations, or fund-raising I:m3ceads. The Treasurer shall prepare all
financial relXXtS foe' ~ League Incteding the annual financial statement directed to the
Corporation. Said annual statement shall be prepared In a timely fashion and ready
for League Board review and approval prior to submittal to Corporation not later than
C)ctobe~ 31 annually. Apf:m~ed forrns for the financial statement are found In the
Appendix to these By-Laws. The Treasurer shall complate any remaining reports and
turn over all books, records, and money belonging fo the League upon termination of
Player Agent.
The Player Agent conducts the annual player selection system or draft and assists in
verifying the eligibility of players. The Player Agent shall create ffm playing schedules
for pre-season and regular season games. Scheduling shall include ge~erating the
schedule to insure compliance with Corporation minimum game numbers to qualify for
Ali-Star pantcipation, having schedules printed, and distributing a schedule to each
coach. He/she alone shall be responsible for reschedullng rained-out, make-up, and
Page 4
10.
11.
play-off games. The Player Agent and two (2) additional Board members, appointed
by the President, shall assign late registrants to teams using a blind draw method.
Said draw shall take place weekly, or more [requently as deemed necessary, at a time
and place set by the Player Agent and in the presence of the affected coaches.
League Coach.
The League Coach shall be at least twenty-two (22) years of age, shall complete the
prescribed League training program, and must pass the coach's examination as
required by Little Miss Kickball InternatiOnal, thc_ He/She must have a minimum of
one (1) year of Heed coaching experience. The League Coach shall conduct a
training program for coaches within the League, shall insure ~ coaches maintain
certif'K:ation and eligibility, shell aid any coach who requests assistance, and shall
assumo coachtng duties for any team, when the assigned coach cannot perform.
He/She shall maintain the "League Coach Notebook' Including cocas of coaches'
applications , etc. The League Coach shell maintain the win/loss records and League
standings in all age Divisions.
League Umpire.
The League Umpire shall be at least twenty-two (22) years of age, shaft coml:~te the
umpires training program, and most pass the umpire's exan'dnation as required by the
Corporation. The League Umpire must have a minimum of one (1) year of kickball
umpiring experience. He/She must possess mature judgment, knowledge of kJckball,
umpires within the League dudng regular seaso~ play.
Rules Director_
The Rules Director shall be at least twenty-two (22) yearn of age_ He/She must have
a minimum of two (2) years of Idct(bell umpiring experience_ The Rules Director shall
conduct the League trairdng program for umplm~. The Rules Director must e~tsura
that umpires main~in the~ eliglblrity and ce~d~x:ation. The R~les Director shall assist
the League Umpire wflen needed. The Rules Director, together with a Boan:l
appointed committee of at least two (2) edditlonat membees, sheit comprise the
League Pn3test Committee during the regular playing seeso~. This committee shall
mediate, and mis on alt protests involving game cir~mstances. Their findings shall
Equipment Director.
The Equipment Director shall be in charge of all League equipment. He/She sheJl
maintain a listing d all equipment di~uuteq to teams during the season, and a
reaster inventory of all League equipment and pn3pefty. The Equipment Director shall
be in charge of ordering and distributing team uniforms and equipment as needed.
Sponsor/Publicity Director.
The Sponsor/Publicity Director shall seek, solicit, and Identify potenflaJ sponsors for
League teams. He/She shell distribute fiyem, leaflets, and other advertising media to
promote the League to sponsom and to prospective ¢ayera. The Sponsor Director
shall oMaln such signs or other adved~lng matedals for 6ponsom that the Board
approves and ensure that they are displayed as directed. He/she is responsible for all
League publicity.
Concession Director.
The Concession Director shall be in full charge of the concession stand. He/She shall
maintain accurate and timely accounting for all receipts and disbursals for the
concession stand. The Concession Director shall have appropriate training, food
Page5
12.
manager certification and proper Health Department approval. He/She shall staff the
lacility as necessary. Payment for workers shell be pre-approved by the Board.
He/She shall purchase and procure merchandise as required to run the facility
satis[actodly. Improvements and purchases of large equipment shall be approv~J by
the Board. The Concession Director shall be responsible for training helpers and
ensudng that they have received proper Health Department certification, in the event
that no Board member can serve as Concession Director, the Board may select a
non-Board member to serve as Concession Manager. Any financial c~3asidorations
must be app~'oved, in writing, by the Board.
Ob'ler Offlcer~.
Other Board positions that may be filled include such positions as Field Director,
Public Relations Director, Fund Raising Director, and assistants to the above listed
positions. The Board shall also elect [~o (2) representatives to serve on the Distdct
Board. District Representative duties include attending District Board mee~lngs and
acting as liaison between the District Board and the League Board. The League
President shall also be a District Representative.
II.
LEAGUE FUNDS
Bank Accounts.
The League shell have not moro than [~eo (2) chectdng accounts and one (1) savings
account. These aco3unts shall be registered as 'Southside Little Miss KJckball
League' Deposits shall be made in the name of the League. Withdrawals Imm the
accounts shall be made only with the joint signatures of at least two (2) aut/xxlzed
a separate chectdng aca3unt. The authorized signatures on the genenaJ account(s)
shall be League President, Vice-President, and Treasure~. On the ooncesslon
account, the authorized signatures shell be League President, Concessl;)n Director,
and Treasurer.
Sponsom.
The League may solicit sponsorships to aid in the financial support of the League and
League teams. The sponsorship lee shall be datermined by the Board annually_
Sportsors may be selected from a vadaty of acceptable sources tncl~llng service
clubs, civic groups, fraternal organizations, local mea:hants, atc. Businesses engaged
in promoting, manufa~uring, distributing, or selling Ixoducts such as alcdrm~c
beverages, tobacco, or other commodities which the Board deems et3jectionabte to
youth are no{ accep{able sponsom.
Other Funding.
Other income may be ob~ainad from player registration fees, ~, and
Board-approved fund-raising projects.
II1.
FUND-RAISING ACTIVITIES.
A. League.
The Board may annually approve one, or mere, League-wide fund-raising activities to
aid in financial support of the League and League projects. The number, nature,
scopo, and details regarding prizes, if any, for these events shall be determined by a
majority vote of the Board.
Page 6
Teams.
All Southside Little Miss Kickball teams wishing to raise money i~or use by an
individual team shall request permission from the League President BEFORE
performing any fund-raising activities. Approval by the President will be ciemortstrated
by his/her signature in the space provided on the official reporting form. An example
ol~ Ibis form can be found in the Appendix at the end ol~ these By-Laws,
This By-Law shall be enforced for all teams soliciting donations, or performing
fund-raising activities of any kind, for the purpose of ralslng money for any team use
such as tournament entry fees, transportation, iodging, fo(x:l, team parties, etc. The
detailed accounting and reporting requirements of this By-Law shell be required only
where the to{al amount cotleoted for any single event is ~q:)ected to exceed $100.00.
For events raising less than the prescribed minimum, a statement to that effect plus
['he total amount ~)llected shall be included on the final report. In all cases, the team
shall obtain the necessary League permission before proceeding with the collection of
money or merchandise.
In cases where the prescribed minimum reportable amount is exceeded, the team
shall I:mepare a detailed ac~gunting of all rrm,,'ttes received and disbemed. It shall be
the responsibility of the team's Head Coach to e~lsure that al~ funds received and
disbursed are duly reported In a form presc~bed by [he Board of Director. The
League shell provide a standard reporting ~rm to the team head c~acfl at the time
penT~ission is requested and approval of the project is obtained.
ALL MONIES RAISED BY A TEAM FOR WHATEVER REASON SHALL BE
TURNED OVER TO THE LEAGUE. A LEAGUE CHECK WILL BE MADE OUT
FOR THE SAME AMOUNT AND PRESENTED TO THE HEAD COACH OR THE
PERSON DESIGNATED BY THE HEAD COACH. THERE SHALL BE NO
EXCEPTIONS TO THIS POLICY. ALL MONEY MUST PASS THROUGH THE
LEAGUE TREASURER.
A written report shall be submlffed to the Board within fourteen (14) days after the
final date of rite tournament, or othor event, for which the funds were receNed. This
report shall be retained by the League Se(~'atary, and shall be available [or inspection
by any interested party/partias upon proper request to the Board_
A~ a minimum the final report shall c=3~3in:
I. The team name.
2. The name(s) of the team Head Coach and Assistant Coach(es)
3. The name of the parson preparing the report.
4. The purpose(s) for which funds are to be raised and the date(s) of these
events.
Date(s) of all organ{zed fund-raising activities such as bake sales,
barbecues, garage#ummage sales, ear washes, etc. and the amounts
received at each activity.
6. A list of all individuals, businesses, or groups donating $25.00 ( twenty-five
dollars) or more.
P~e7
7. The total amounts collected for ail ac~ivitiestdonations.
A detailed lisling o[ all expenditures of monies received and the date(s) of
each expenditure. All expenses shall be supported by appropriate receipts,
originals, or copies of which shall be attached to the final report
Amount of any surplus money not used for the event, and how it is to be
disbursed. Permissible uses of surplus [unds incJude team party, donation to
the League, donation to All-Star expenses, and others with th~ approval of
tho Board.
10. Date report submitted.
11. SK.:.:jnatures o[ Head Coach, report preparer, and League President.
Failure to comply with the provisions of this By-Law may result in disciplinary action
against the team, including barfing the team from future fund-raising activities,
removal of the coaching staff, or appropriate legal remedies to be determined by the
Board. The Board shall have disco~Jon in extendU'~ dates for filing reports, or watving
any provisions of this rule when affirmed by a majority of members of the Board.
IV.
PROPERTY.
All property and rights to pro¢~, tangible and intangible, aoquired by lawful means for or by
the ~ shall be the properly of the Board and ~ League_ Upon dissotu'don of the
League, the property shall be disposed of as Tollows by the Corporation:
First, to the nearest active Little Miss Kickbatl League.
Second, to any actNe Little Miss KJckball League in the City.
Third, soM at auc~on and the proceeds given to the Little Miss KJckball Interna'donal
expansicm fund.
Fo~Jrth, sold at aucticm and the proceeds given to the Financial Aid Office of Del Mar
CoI~ Io dlstr~ute as they see fit.
COACHES_
General.
Coaches may be male ~ female. A Head Coach shall be at least eighteen (18) years
of age and Assistant Coaches shall be at least seventeen (17) years of age. Age sha~
be de~errnlned based o~ the method deschbed in Section I,A of these By-Laws. Each
team shall have one (1) Head Coac~ and up to two (2) Assistant Coaches. All coaches
must be approved by the Board and at least one of the coaches must be female_
Individuals Interested In becoming coaches must submit an applk~[k.~n to the League
Coach. Further, each candidate shell cornp~e the training program and pass the
coach's examination as required by the Corporation. The Board shell have final
approval authority for all coaches. The Board shall appoint the coaches to designated
teams In a manner which is In the best ihterest of the League, the players, and the
team. Such appointment shell be for the current playing season subject to removal as
described herein. No individual coach can be assigned to mom than ene team at the
same time during the current playing season. EXCEPTION: League Coach(es) may
Page 8
be assigned to more than one team at a time, if necessary. At meetings to select and
approve coaches, the quorum shalt be seventy-five percent (75%) of the Board
membership. Voting shall require affirmative votes from two-thirds (2_/3) of those
present, and voting, to approve the coach(es). Since Board members, who ara also
coaches, or coach candidates, cannot cast votes for themselves, or otl~er c~ndid~tes
for their team as per Section I,C, the number ol~ affirmative votes required for approval
of these candidates shall be adjusted accordingly. All coaches must maintain their
eligibility as outlined in the "Official Rules and Regulat~3r, s Book" or they are subject to
removal by the Board. The Board shall have the right to refuse a request to coach
from anyone, who by his/her pest associatiOns/actions within the League, has
demonst~'ated poor judgment, improp(~ conduct, or actions prejud, icial, deb'tmental, or
o~herwise not in the best Interest of the goals of Little Miss Klckball. Examples of the
approved Head Coach and Assistant Coach applications are found In the Appendix at
the end of these By-Laws
Returning Coaches.
Coact~s in good standing I~rom the previous year shall have first preference for ~
same team as ~ as they satisfy the ap~ication deadline, training, and testing
requirements I~or the current season. If a returning coach does not meet the
application deadline ~ significant, verifiable reesor~s, the Board may select
another qualified applicant for that team for the current p4aytng season. In maldng a
decision to replace a refuming coach, the Board should be guided by what is be~ for
the players, the team, othor coaches affected by the decision, and ~ League.
Assistant Coach S¢Ic~t~on.
An approved Head Coach may rec~nmend his/hor essietant(s), subject to Board
approval. If the Head Coach cannot, or does not, racommend Assistant C, oaches, the
Board may recruit and place qualified individuals to fill the vacancies. Approved
Assistant Coaches must also <33mpiete the training program and pass the c~ach's
examination as required by the Coqx~ration.
VI.
REGISTRATION.
Dates and Locations.
Annually, the Boa~l shat~ se{ player registral~on dates to conform to guidelines set by the
Coq:x:~'a'dcm. The Board shall set a minimum of three (3) League registration dates.
Regl~bulJon dates and ~ shall be edver'dsed in whataver manner ~ Board
deems appropriate. The Board may dis'mbute leaflets, I~yem, or publish saki (lares and
times in a newspaper of general drc~Jlation in the County. The League shall etso, In the
most practical manner, noUfy players and coaches who partldpated during the previous
season. A convenient location, generally a public building and the League c~oncesslon
stand, shall be used for registration purp<~es. Late registration time(s), Iocat~:~s, and
staffing shall be established by the Board for each playing season.
Administrative Responslbllites.
The League Vice President shall have administrative responsibility I:or ttm annual player
registration, h'mtudlng late registration. The Board shall use pre-pflnted regisb'atio~ fowns
of an appropriate design. Registration forms shall Inciude pertinent data about each
registrant and about the parents, or legal guardians, of the registrant. Birth Certificates,
or similar, acceptable birth documents, shall be verified to determine the age
classification for each player. In order to facilitate League re(~rd keeping, and to obviate
the need to verify the Bi~th Certificate each playing season, each participant/player shall
Pege9
provide a photocopy o[ the Birth Certificate which will be retained by the League Player
Agent.
Registration Fees.
The Board shall set the amount(s) of the registration lee schedule annually. There shall
be no pro-rata fee reduction for late registrants at any time dudeg the playing season. In
accordance with Corporation rules, registration lees must be paid before any player is
eligible to play In any regular season games, in bona fide cases, and after the
parents/guardians/coaches have presented such a request to the Board, the Board may
waive registration fees [or said player. The Treasurer shell maintain a list of those
players who have received waivers. Such fee waiver shall not Inctude uniform fees, or
concession fees. Registration fees, [or whatever reason will no~ be refunded alter a
player has been registered for one week of regular season play, or has played in one
regular season game.
Late Registrat!on.
The Board may set a cat-off date for the registration of players, but in no case shell
players be registered, or p~ced on teams, during the final two v,~eks of regular season
play. For purposes of this rule, the final two weeks of regular season play shall mean the
dates for those games reeuladv scheduled. Playing date extensions required for any
play-off games shell not be used in determining the two week cut-off date_ Late
registrants to the League will be placed on a team by the Player A~, and Placement
committee, in the manner described In Section I,L,5.
E. Right of Refusal.
The Board shell have the right to refuse to register any player for cause. In the case of
ptayem who have not previously played in the League, refueeJ to register may be for
medical, health, or safety reasons only_ For raturnmg piaye~, regi~babon may be denied
if that player has demon~hated rectdess or dangerous conduct towards himself/hemeS,
or towards othem, or has behaved in a way which is pmJudlatel, or detTimental and not
in the best interest of the goals of Little Miss KT.~kball. The Board, before refusing
regi~,mlon to a player, must first appoint a committee of threa (3) members to review
the facts and reasons why said player should not be registered. The committee decision
shell be the Board decision, and such dec~sion shall be o3nveyed to the parents of the
player involved.
Re,g~i.~ allan Procedure.
Annual League registration shell proceed as [allows:
1_ A registration of eligible players shell be held prior to the beginning of
regular season play.
2. Player responsibilities.
a. Provide proof of birth date.
b. Currently reside within tf~e League boundades established by
the Corporattoe.
Have parent or guardian sign the Release and Consent
statement on the Registration Form. An example Registration
Form is attached to the Appendix of these By-Laws.
d. Pay the registration fee, uniform fee, and cor~ceesion
(miscellaneous) fee as set by the Board.
Page 10
League responsibilities.
a Verify birth date Ioformation for proper age group placement.
b. Insure that the parent or guardian has signed the player release
and consent statement on the Registration Form.
c. Verify that the player resides w~thin the legal playing boundaries
of rne League.
d. Obtain uniform sizes (rrtting the player, if necessary).
e. Solicit parents/guardians to complete a Volunteer Information
Form. An example Form is altached to the Appendix of these
By-Laws.
f. Assign a unique player identir~::ation code as described under
Section VII, "Tryouts".
g Collect raglstratJon fees, unifo~'m fees, and
(miscellaneous) fees
h. Infon'n player and parents of pertinent irfformation concerning
tryouts, draft, League w~'kdays, practice starting, and opebtng
ceremony dates.
i. Inform parents o~ any special uniforrn requirements and proper
shoe bjpes_ Shoe restrictions shall be as described in the
c~rrent "Official Playing Rules and Regulations'.
VII.
TRYOUTS_
Dates, Times, and Location.
The Board shall schedule at least ~ree (3) tryout seasicms as soon as possit~e after the
final regular registration date. The dates and Umes of these sessions shell be Induded
in the Player Info~'matlon sheet given to each player at regt~bu[Ion. The byouta shaJl be
hetd at the League I'ietds unless o3¢Mitions warra~ moving them lo another IocatJcm.
The location must also be Indicated o~1 the Infoffnatlo~ sheet. If Ihe location is changed
after the Information sheet is distributed, the Board shall notify all players who might be
trying out of the new location.
Playm' Identification Code.
Each player shall be assigned a unique piayer identificat~n code. This unique (;~3de
shall consist of a single lett~ designating the Age Group of the player plus a sequential
number identifying that p~ayer within the age group. See the chad below fo~ examples
of identlrmation codes in each age group.
Page 11
EXAMPLES:
6 years - A-l, A-2, A-3, etc.
7 years - B-l, B-2, B-3, etc.
8 years - C-1, C-2, C-3, etc.
9 years - D-l, D-2, D-3, etc.
10 years - E-l, E-2, E-3, etc.
11 years - F-l, F-2, F-3, etc.
12 years - G-l, G-2, G-3, etc.
13 years - H-l, H-2, H-3, etc.
14 years - I-1, I-2, I-3, etc.
15 years - J-l, J-2, J-3, etc.
16 years - K-l, K-2, K-3, etc.
17 years - L-l, L-2, L-3, etc.
18 years - M-l, M-2, M-3, etc.
C. Tryout Session Drills.
The Board shall establish the exact content of the tryo~ ddlls annually_ The purpose
shaJl be to prowde at least some quantitative evaluation of each player's ability_ For this
reason, the drills shall indude acthnties which will demonstrate each playeCs ability at
kictdng, catching, throwing, and nJnning. Other drills may be added at the Board's
dis~etion, but in all eases, every player trying out must pedo~n the same se{ of drills
within the same age group As much as practicable, the age groups shaJl be separated
I'~ tryout ddlls so that co~::hes may evaluate p~ayers In the same Division. The nJnnlng
drill shall be timed and the player's time announced in such a rnann~' that all persons
present at the tryout r~td should hear the result. Dudng all t~uts, designated Board
members shall maintain a Master Log o~ every player trying out including player
Iden'dfleatJo~ ccx:le, player name, tryout date(s) attended, and perfoffnance Umes
reo3~ded. Said Log shaft be the official record of attendance and performance at ITyouts
for use during the Draft.
League Officials.
Coaches and/o,' assistant coaches shall attend each t]-yout session [o~' the age
group/Division in which his/her team will play. Should a team have no appointed
coach/representative, a League Coach shall keep tryout records fo~' the age group.
Said records shal~ be made available to other coaches fo,' review, ~ shall remain in
Ihe possession of ~ League Coach_ Board ~ shall make every attempt to
attend eac~ ITyout session and pmvtde whatever assistance Is necessary to ensure
smooth operation of the tryouts.
E. Effect of Tryouts on Draft Eligibility.
Players who have attended two (2), or more, scheduled tryout sessions shall be eligible
for drafting before any of 13~' group of no~-re{uming, no~ players. Once this
entire g~oup of players has b~gn drafted, then, and only then. can players who have
attended only o~e (1) tryo~Jt session tm drafted. Wheft all playem In this second pool o~
r~lon playe,'s, and who did no~ attend any tryout sessions, be(x)mes available.
These non-tryout players shall not be drafted per se, but shall be placed o~1 a team
using some method of blind draw, ~ lottery, in such a way that the player's name
canno~ be known to the drafting coach beforehand.
Page 12
Date and Location.
The Board shall sohedule an annual player draft in order to place registered players on
the teams. The date and time(s) of this dra[t shall be published in the Player
Information sheet given to each player at registration. The date shall not be later than
fourteen (14) days after the date of the final tryout session, or March 15, whichever is
eadier. Further, the Board shall hold a meeting not later than twelve (12) hours before
the scheduled draft starting time for the purpose of finalizing the ooiJnts of players in
each age DIVision, and determining the number o1' teams to be drafted in each age
Division. Alter this meeting, no team may be added to the roster of teams in any
Division for the duration of the ct~rrent regular playing season.
Attendance at the Draft Location.
Admission to the Draft is restricted to Board members, the approved Head Coach, and
one (1) approved Ass~lant Coach [or each team in the age Division being drafted_
There shall be no visitors, children, or spouses admitted. In order to maintain
corff~enttality regarding matters pertaining to the Draft, Board members may not
exercise the right of proxy Coaches and non-Board members shall be asked to leave
the premises promptly when they have completed their age group Draft. Board
men~bers who must be present for the Draft:
President. V'me-Presldant, Secreta[y, Treasurer, League Umpire, Player Agent,
Rules Directs', and Assistants to these Officers. if any. Other Board rnembem
are encouraged to participate.
C_ Player Eligibility.
Each registered player shell be placed into the open draft pool depending upon the
number of tryout eassio~s atte~led See Section VII,E,'Effect of Tryouts on Draft
Eliglbit ~,y'. EXCEPTIONS;
Returning Players.
Players returning to an establlshed team in a Division shell automatically tatum to
that team with no aciian required unless the player desires to re-enter the
draft. Whea the player desires a release horn the previous team, the player shell
not]fy the League President. or Player Agent, of hlsJher intei~lons as soon es
possit~, profemb~y by indicating such o~ the Regisl]'etion Form. However. In aU
cases no~iflcaflcm must be received prior to the Droll_ Having Indicated a desire
not to return to the same team during [he current playing season, the player may
not be drafte¢l by that team ter any reason.
C~ach's Option.
A child, grandchild, or child legally living in the same house as an al:~oved and
be drafted automatically oreo that team provided the player exercises said option
In writing to the League Presideht, or Player Agent pdo~ to t~e Draft. Said o~otlo~
may noly be exercised If the player has no~ previously been drafted to a team
wk~hln the same age Division.
Sibling Option_
Siblings, otbe~ children related by marriage or law and other children legally living
in the same house may be drafted automatically onto the same team. The drafting
c~)ach exes-rises said Sibling Option(s) In accordance with the rules and procedures
of the Draft. Said option may only be exerdsed if the player(s) hes/have not
Page 13
previously been drafted to a team within the same age Division, and he/she/they
has/have not been released from a team within the same age Bivlsion.
Special Circumstances.
From time to time, and under special circumstances such as to obtain, or retain, a
Coach, the Board may grant exceptions to Section V111,C,1,2, or 3 In order to
override any of the aforementioned Rules, the Board shall vote using the same
quorum and affirmative vote criteda as used for Coach approval (quorum shall be
75%, and 2./3 affirmative votes required for the exception to be granted).
Under no c~rcumstances shall any Draft policy, or exception, violate Little Miss
Kickbell International "Ofrmial Playing Rules and Regulations', Rule II1.
D. Trades.
There shall be no transfers of drafted players in any age Division after tho official close
of the player Draft. The o~al closing shall be cteady announced by the President, or
the Player Agent, to all persons present in the Draft facility at the time of said closing.
Transfem may occur only within the specific ~ period announced prior to, or during
the Draft proceedings for each age Division. The ~'ansfer time period for each age
gruop may last up to two (2) hours following the final Rcund of the Regular Draft for
that Division. The President and the Player Agent shall determine the exact
mechanism to ho utilized for the trading period c~nsldering such factors as tho number
of coac~s/teares Involved, space at the Draft facility, and the number of transfers
desired. The method shall be designed to expedite legal transfem without interfering
with tho Draft proceedings for other age Divisions. Head Coaches may exchange
draftees, but not returning players or optior~ players_ Ail player exchanges sholl be
made with the knowledge ~ approval of the Player Agent before the coaches
involved leave the Draft location. No trades shall be germitIed for any reason from a
team drafted by a League Coach And for vVnich no assigned coac~ was in attendance
at the Draft.
Players shall never be to,~d tho sequence or position in whicfl they were drafted. Within
ten (10) days of the Draft date, or March 15, whichever Is earlier, team coaches, er
League Coaches for teams not having approved coaches, shall notify all playem
regarding his/her team assignment.
F. Draft Procedures_
The fo'lowing system shall be used for drafting players onto established teams_
1. The League registers players and holds tryout sessions.
2_ The Board selects a Draft date, time(s), and location.
Wrth recommendations from the Player Agent and Rules Director. the Board
determines the number of teams in each age Division for the current playing
SeaSOCL
4. Wrth the recommendation of tho League Coach(es), the Board approves
and assigns Head Coaches and returning Assistant Coaches to teams.
5. The drafting sequence shall be determined by tho inverted order of the
League standings for each age Division dudng the previous season. For the
Page 14
purposes of this Section, "standings" shall mean the final position of a team
compared to other teams within the same age Division. Teams which
received League Divisional awards [or First, Second, etc. in the previous
season shall hold that position in the "standings". Other nemawa~ teams,
shall be ranked in the "standings" using a calculated "winning percentage"
to determine the relative posit~on of each team. Said calculation shall be
based on the formula: percentage= (,~+/o~+r~)
~-ou/c,,~,~, X 100. In this
calculation, the values are: win = 1, loss = 0, tie = 0.5, and Total Games
equals the total Regular season games In all Sessions. The lowest winning
percentage team shall be the last place team in these "standings'. The
next lowest percentage shall be next to last, and so on until all non-award
teams have been placed in the standings. Then, the team placing last In
these rankings of the preceding season shall dra[t in the first position, the
next to last team shall draft in the second position, and so on up the
standings until the I~rst place team shall draft in the final position. In case ot
a tie between Iwo, or mere teams, having the same standings position, a
coin flip shall determine drafting positions among the tied teams._
W'rthin the same age Division, the same dra[ting sequence shall be
maintained throughout each draft Round.
Player Classification and Drafting Order.
The first two (2) Draft Rounds shall be free and open R~unds of any playem
qualified by proper participation In the tryout Session(s) as detan~lned by
the Board and by Section VII,E of these By-Laws_
Round Three (3) shalI be for Coach's Option, if any, ,_or Sibling Option(s) for
Retumino player(s).] Should there be no Coach s Ol:~on, Ihen Sibling
Option(s) for Retumlng player(s) shall be taken commencing in Round
Three. Slbnag ~ for non-Returning playem, Including these ~ playem
taken in Round One or Round Two, shall not be available until after all
Retuming players have been announced. For example, a non-retuming
player Is drafted in Round One and this I:~ayer has a Sl~ting player In the
same age Division. The Sibling Option must be exercised In the next
available Round after all Re{uming olayers have been taken. Al'tar all
Returning players have been announced, non-Returning Sibling Option
player(s) shall be taken before otJ~er open Draft ptayers are avallat~ lo that
team.
Returning player(s) shall be drafted in consecutive Rounds until all such
players have been announced.
After all Returning player(s), and all Sibling Option(s) for nen-Retumlng
players have been announced, additional players shall be drafted from the
[Tee and open pool of available choices as determined by Section VII,E.
All registered players shall be drafted and/or placed on a team within the
proper age Division. No player may be omitted. /MI teams witch an age
Division may not have the same number of players.
The Player Agent shall keep a record of the final team receiving a player at
the Draft. Late registering players shall be placed on teams using the same
relative order In whmh players were drafted. That is, the team who would
Page 15
have received the next draft choice shall be the first to receive a late
registrant using the lottery, or blind draw method, adopted in Section VII,E..
G. Expansion Teams.
As registration growth occurs in one, or more, age Divisions, the Board may choose to
add new team(s) to the affected Division(s) prior to the Draft. Such action shell require
a quos-urn of two-thirds (2/3) of the Board and a simple majority affirmative vote tot
approval. The Board shall be autherizsd to choose the name fo~ the newly formed
teem(s) in a manner which produces names co~sistent with the naming OOrNeations of
the League. Under these circumstances, the [ollowing pn::)c~dures shall be used.
During the Drett, all new expansion team(s) shall be placed at the top of the
Drafting order, before all returning teams. Each new team shell have t~3 (2)
additional free and open Draft Rounds before the "regular"' Draft Round One
process begins. If there is more than one new team, the draft order shell be
determined by a coin flip among the new teams. Then, each, in turn, shall select
a player. The same sequence shall be used in each of the two "expansion"
Rounds.
After the two (2) free draft Rounds are cemplate for all expansion teams, the
same sequence shall be maintained to commence the first "regular" Draft
Round.
3. Established teams shall I:ollow in the same manner and in the sequence as
descdbe~l in Section VIII,F,5 above.
Removing a Team_
If the total number of players~in the draft pool plus the number of returning players is
less then the minimum number of players to rdl all play~ positions, the Board may
choose to remove a team withu3g the age Divest)ri(s) affected. In determining which
team(s) to eliminate, the Board shall select ~ team with the fewest numl3er of retumlng
players_ Any rstuming players of the ellmirtated team(s) shell be placed io the open
draft Ix~l category as if they had attended tw~ (2) I~/out Sessions. The Play~ Agent
shell notify each player involved as soon as practicable and explain the circumstances
and implications.
Re-Draft.
Additional teams cannot be added in any age Division affe*' the Draft has occun'ed.
Such attempts to expand the number of teams afte~ the Draft would necessitate a
com,otete re-draft of all players in the affected age Division(s)_ EXCEPTION: The
Player Agent may recommend adding one, or rno~'e, team(s) to ~ Pee Wee Division
based upon late reglstratlen counts. The Board must ~e any such actions before
playem may be placed, or ~ach(as) approved. The same quonJm and affirmative vote
requirements as specified for Expansion Teams, Section VIII,G shall p~evaii.
Late Registering Players.
Late registering p~ayers shall be assigned to the next team in the Draft sequence at the
ctose of Draft, or to the next team m the Draft sequence with the k~vast number of
playem. The Intent sheft be to balance the number of players on each team within an
age Drvislon. Placement shall be performed by the Player Agent and a committee of
two (2) Board Members, appointed by the League President as described in Section
I,L,5.
Page 16
IX.
SEASON PLAYING SCHEDULE.
Regular Season Games.
The Player Agent shell prepare a schedule of games [or the playing season Said
schedule must provide for at least one (1) pre-season practice game for each team. In
addition, there shell be at least fourteen (14) Regular season games per team. To the
extent practleable, these regulation games shall be equally distributed with regards to
"Home" and "Visito¢' for each team within an age Division. Further, as much as
possible, each team within an age group shall participate in an equal number of Regular
season games. Pray-off games and tournament games shall not be counted as a part of
the regulation games in any Division.
Important Playing Dates.
Practice sessions f~ organized teams shall not begin prior to March 15, or the date
established by the Corporation. The first Regular seaso~ games shall not be
scheduled, or played, prior to April 1, or the date established by the Corporation. The
Board shall set the date I'or the Opening Day Ceremonies on any day after March 15.
All Regular seasor~ games shell be scheduled and played on, or be[ore, June 30, or the
date established by the Corporation, if earlier.
Age DMslon Rules.
Organized teams of o~e League shall not play teams of another League as any portion
.of the Regular season schedule. EXCEPTION: The Teenage Division may have
Inter-LeagueJlntra-City/Intr-~County play dudng the Regular season,
Opposing Leagues may pa~ioipate in exhibition games or practice garnes. Teams shell
not play any poCdon of the Regular season schedule with teams In a different age
Division. For examl:~e, a Junior Division team may not play a Senior Diwsion team, nor
may either Dtvis~(m play a Teenage Division team in Regular season play.
No team she~ be scheduled to play more than one (1) Regular season game In any (me
(1) day_ EXCEPTION: Teams may play murdple games in a single day dudng
Tournament p~, and when nes~m~,.~ry to make-up postponed, or rained-out games.
For the purposes o~ this role, p{ay-off games scheduled to de{ermine Divislcmal
standings lidr the entire season are considered to be I~oumament games.
No Regular seas(x1 games shall be played o~ Sunday~. Teams may i:~actJce on
Saturday and Sunday_ HOWEVER, FREQUENTLY SCHEDULED SUNDAY
PRACTICES ARE DISCOURAGED.
Regular Season Play-offs.
In ALL age Divisioes, them shall be a split season_ The Player Agent, with Board
approval, shell determine the appropriate number of Sessions to be played in each age
Division That is, the~ may be half-season Sessions, or third-seasoo Sessloes,
depending upon the number of teams in a particular Division. Each Division shell be
considered sel:~ratety in deterrninlng the appropriate number of Sessions for that
Division. In ail Divisk3as, there shell be a pley-off batwean the winners of t~e Sessions,
and other qualified teams, to detormino the League champion for that Division.
Session Play-offs.
Il= there are ties for Flint Place in any individual Session, the teams invoNed shell play a
SINGLE game play-off to determine the winner of that Session. Such play-off game
shelt he scheduled and played as soon as possible after the end of the Sessio~ in which
the tie occurs. Should more than two (2) teams be fled, the play-offs shall be scheduled
Page 17
as a single-elimination sedes with team paidngs determined by a blind draw conducted
by the Player Agent, League Umpire, and Rules Director, or other person(s) appointed
by the President. The team remaining undefeated in this elimination sedes shall be
declared the First Place Winner of that Session.
Divisional Play-offs for Determining the Season Champion.
Overall team win/ioss standings do not determine Division awards. Play-off games to
determine the Champion, Seo3nd Place, Third Place, and subsequent Place teams in
e. acfl age Divislo~ shall be scheduled immediately following the final Regular season
game(s) for the teams involved All games must be c~mpleted be~ora Closing Day
Ceremonies, or the stated Season Closing Date as sat by the Corporation, whichever is
eadier. The format of the play-off games shall be determined by the Board based upon
the number of teams involved
Minimum Play-off Sedes.
As a minimum, if only Iwo (2) teams are contending for awards, the winner(s) such
tmphy-levei award(s) shall be determined by a threa (3) game series between the
o3ntending teams qualif'~gd for that Place trophy. The winner shall be the-team which
wins two (2) of the games. EXCEPTION: A team whioh wins First Place for all
Sessions within any age Division shall be declared the Divisional Champion without the
need for that team partldpating in any play~ff games. In this case, teams with the
highest winning percentages, shall play-off for Second Place, Third Place, atc. within
that Division according to the Play-off' Brackets as described herein.
Wlldcan:l Teams.
In all cases, te. an~ no{ winning a Session in a Division may still be candidates for
Divisional play~)ff games and trophies. These teams, hereinafter called "VVitdcard"
teams, shall be daternined by calculating the "winning pete' for each team in the
Divlsioe (excluding Session Winners) using the formula in ~ That is, the
first Wildcard team shall be the team, other than a Session VVIr, flerT~wiff~ the highe~
wiordng percentage. The second Wlldcard team 6haJ] be the team with the next highest
pereer~tage, other than a ~ion W'mner. and so on until all requ~'ed W~dcafd teams
have been daterrnined. Should two (2), ~ more, teams have ider~icaJ winning
percentage records, the Board shaft resok, e the be using the fo#c~vlng sequence of
tie-breakers. First, teams mey I~ay a single game play-off, but onlv If time permits.
']'he winner shall be the Wildcerd team. SeaorK~, the Bo,and shell compare tfm Regular
Seas(m records of b~e invc4ved teams in head-to-head compeUUo~ 8gainsdc eact~ other.
31m team with the better record shall prevail. Thirdly, if a tie still remains, the Board
shall c~mpere the records of each team in colorlon agab3st ~lon Wlrme~. Again,
the team with the better record shall prevail. Lasay, if all other methods fall to resoive
the matter, the fie shall be settled by a coin flip. There shall be no ties in the staedlngs
for any Places receiving awards. T~s may be permitted for teams not reca~ving
trophies/awards.
Divisional Play-off Series Bracket
The results of these Play-off games shall datermine the final Divislo~ awards according
to the following schedule:
Play~3ff Schedule
Day 1
Day 2
Day 3
Day 4
Game 1 and Game 2 (if necessary)
Game 3 and Game 4 (if necessary)
Game 5
Game 6 (and Game 7, if necessary)
Results (NOTE: The NUMBER of "Places" receiving AWARDS/-rROPHIES
IS SET IN Section IX,E.)
Winner Game 6 (or 7) shall be First Place in the Division if there were two (2) or
more Session Winners
OR, shall be Second Place in the Division if there was an
outright SINGLE team winner of all Sessions
Loser Game 6 (or 7) shall be Second Place (OR Third Place if the W~nner of
Game 6/7 was awarded Second Place)
Loser Game 5 shall be Third Place (OR Fourth Place if the Loser of Game 6/7
was awarded Third Place)
Loser Game 4 shall be Fourth Place (BUT ONLY IF THAT PLACE HAS NOT
BEEN AWARDED ALREADY)
Wildcard 1
w,
(or Wildcard 2)GAME 3
W3
GAIVE~ 6
GAME 7
L1 L6
W4 'if necessary)
GAME 5 W5
L3
Under tho circ~Jmstances described in tho EXCEPTION above for a single team which
wins all Sessions within a Division, the SHADED portions of the Bracket shall be
removed so far as the Session Winner team Is concerned. In ~ of GAME 2, a third
Wildcard team (see the DARKER-SHADED area) shall be entered into the Brad(et in
the W2 team slnt of GAME 3. This team shall, in effect, have a 'bye' in the first round o~
the play-offs. Placement of specific teams into each of fire Seaslon Wlnne~'/W-~lcan:l
slets shall be by b~ind draw of names of the qualified teams. The Player Agent, or o63er
non-participant, shell draw for positioes. Also, since team L2 wa be deleted, GAME 4 Is
cancelled and team L1 shall take the place of team W4 In GAME 5. The Bracket shall
continue forward from that point as drawn. NOTE: These Brackets are primarily
designed to be used In Divisions having six (6), or more, teams. When there are I'awer
teams in a Divisio~, some modification of the Bracket may be necessary. In all cases
Page 19
trophy Places shall be determined by at least a three (3) game play-off sedes as
described above under "Minimum Play-off Series". W'ith the exclusion of the special
case described in the EXCEPTION above, the following guidelines shall be [oliowed in
determining the Divisional Champions and lower Place trophy recipients.
In a Division playing three (3) Sessions, should the same team be the Winner of more
than one (1) Session dudng Regular Season play. but not all Sessions, one set of
brackets shall be eliminated to include eliminating Game 2 and Game 4. The remaining
brackets shall be adjusted accordingly.
Awards and Trophies.
The Board shall annually determine the League awards to be presented to teams and/or
player(s) in each age Division. The Board may, oetionallv, choose to present awards to
First Place teams in any, or all Sessions. Session Awards may Include dbt)ons, arm
patches, medals, or other tokens selected by the Board.
The Board shall present trophies or other suitable awards to the teams in each age
Division based upon the following schedule:
Number of Teams
Six or less
Seven to Ten
Eleven to Fifteen
Trophies/Awards
First and Second
First, Second, and Third
First, Second, Third, and Fourth
Players on teams in all Divisions who do not receive a major trophy shall be presented a
"Participation Award" selected by the Board annually. In all cases, the Board shall
provide suff-u:Jent awards to include each player, one (1) Head Coach, up to two (2)
Assistant Coaches, and one Sponsor per teem.
In addition to team awards, the Board may adopt other individual player awards as
deemed appropriate_ Unless specif.:;ally prohibited by annual Board action, there shall
be a Sportsmanship Award given to the one (1) player on each team la ell age Divisions
who best demonstrates the qualities of team spirit, good sportsmanship, good
citizenship, and lair play The player shall be selected by a vote of his/her teammates,
Head Coach. and up to two (2) Assistant Coaches. Said vo~e shall be done et the same
time and on the same ballot as the Teem AJl-Star/(Pee Wee) Honor Roll Balio(ing. The
winner shall be the player receiving a simple plurality of the vo~es cast. In the case of a
tie, the Head Coach shall cast the tie-breaking vo~e.
ALL-STAR BALLOTING/SELECTION AND ALL-STAR COACHES.
General.
Selection of the League All-Star playem shall be acoornptished In a manner consistent
wtth the guidelines and Rules of the Corporation and as prescribed below_ The Board
shell have the power to set the size of the Ail-Star teams in ail age Divisions. Under no
circumstances shall there be less than thirteen (13) Regular Ail-Slam and b~3 (2)
Altemates selected in any Division. EXCEPTION: Annually, the Board may adopt a
different selection cnteda, and different teem composition standards for the PeeWee
Division AII-StadHonor Roll teem.
For/hose Divisions using the balloting method, the seh~::tion process shall be divided
into t,~vo (2) parts: preliminary balloting by the teem members and Coaches, and final
balloting by the League Officials and the Board of Directors. To be eliglbte fo~ Ali-Star
Page 20
team selection in all age Divisions, a player shall have been registered with the League
and listed on a team roster for at least one-half (50%) of the Regular playing season,
and the player shall have played in at least one-fourth (25%) o[ the team's regularly
scheduled games.
Confidentiality.
The lqnal player listing for each Ali-Star team shall remain strictly conridential until the
announcement of the teams dudng the Closing Day Ceremony. To this end, all vo~ing
by the Board shall be by secret ballot. The President shall appoint an Alt-Star
Committee of up to three (3) Board members in addition lo himself/herself for the
puq3ose of tablulatlng the final ballots. Said committee shall not divulge or reveal in any
way the names, fom'~r teams, or any information regarding the players selected.
Failure to adhere to these conl'identiality rules shall be grounds for immediate action to
remove the offending member(s) from the Board. The chairperson of said committee
shall be responsible for preparing a list of the selected players, including Alternates, and
delivering such list to the person(s) announcing each team during the Closing Day
Ceremony. The list shall include: Age Division, Player Name, Ragular Season Team.
Balloflng Procedures_
1. First Ballot - the Team Votes.
In the Junk)r, Senior, and Teenage D~visions, those players satishjing the eligibility
requirements as des~lbed in Section X,A above, shall have his/her name entered
onto the Off'~al Team Ballo~[. There shell he separate Team Ballots for each team.
NOTE: If ~ Board has decided to select PeeWee Ali-Stars by balloting, they too
shall have ballots prepared. If the Board is using a different selection method for
the PeeWee Alkstar team, a ballot shall not be prepared (see Section X,A.).
Balloting shall be done at the League playing fields. Each player, Head Coach,
and up to two (2) Assistant Coaches, who are present at the time voting is done,
may select i:~enflal All-Star playem from among the names alop~3dng on the
balk)~ The exact number of playem which can be selected on any ~ shalt be
according to the [ormula batow.
Number of Teams
In the Division
Two - Four
Five - Eight
Nine - or rnore
Number of Players
EIk31ble for Selection
Eight (8)
sb~ (6)
Five (5)
The All-Star Committee, and other Board members, shall tablulate the ballots. The
top five (5-), six (6), or eight (8), candidates shall be daterrnined by simple plurality
count. Those player's names shall be placed on the Official Board Ballot. Said
ballot shah list all o~ these prayers by Team name, and by Player Name
(Alphabetically by Team name and, within each team, alphabetically in Last Name
order).
Second Ballot - the Board, Coaches, and Umplrea Vote.
Using the r~st of playe~ names from the First Ballof procedure, an Official Board
Balk~ shall be prepared for each Division. The Presldenf shall sat date(s), time(s),
and the place I~or the puq3ose of discussing each of the eligible playem on the
ballot. Only the Board, approved Umpires, Head Coach, and up to two (2)
approved Assistant Coaches shell attend this meeting. There shall be no visitors
or children present. Coaches from other age Divlsio~ shall not attend the
meeting. The Head Coach, or deslgnatad alternate, shall have hvo (2) minutes,
Page21
more or less, to discuss the qualities, abilities, and relative merit of each player
from his/her team. The Head Coach may request that the Board consider
appending one (1) eligible player whose name does not appear on the Official
ballot for whatever reason. For the purposes of such a request, a motion must be
made by a Board member, seconded, and voted on Immedlatedly by voice vote.
Quorum shall be two-thirds (2/3) of Board members present. Affirmative action
shall require a simple majority of those Board members present and voting.
After all players have been discussed, the Heed Coach, up to two (2) Assistarit
Coaches, and Umpires who have officiated within that Division shall vote. Each
ballot shall have exactly thirteen (13) names selected. Ballots with more, er less,
names selected shall be voided, and not counted. Each eliglbte person shall cast a
single ballot. Those individuals who may serve several League function, s shall vote
once. One person, one vote. For example, coaches, who are also umpires, may
vote as a ceach, or as an umpire, but never as both within the same Division.
However, such multi-role persons may vote again in another Division, if they are
otherwise qualif~:l. Board members, who are also coaches, umpires, etc. shall not
vote as such. Instead, these persons shall defer balloting until the closed Board
meeting which shall closely toIInw the general balloting.
Ballot Counting.
Preliminary and final ballot tabulating shall be conducted confidentJally as
described in Sedton X,B,C,I,2. The results of all balloting including used and
unused ballots and tabulating sheets shall be ¢aced in the custody of the League
President, or designated member olr the All-Star Committee_ Under no
circumstances shall bhe actual vote c~xJnt for any All-Star team. or player, be made
public.
Pea Wee Honor Roll.
Unless ~ Board spec~mally adopts ano~er method dunng a particular playing season,
the Pee Wee Divblea shall have an 'l--Im'~r Roll' team c~:~sisting of tlx~e playem who
have ptayed all three (3) consecutive years of Pea Wee eligibility in the League. There
shall be no llmitatiee as to the number of players from any one (1) team, ~ any
limitation as to the total number of such prayers that are elig~e within the Pee Wee
Division during a particular season. The Player Agent and Pee Wee League Coach
shaU dete~nine which players) ~s/are eligible and shall prepare an Honor Rotl r~t ot
such players In a Mmely fashion so that adequate awards are available at the Closing
Day Cerer~x~. Said list shall be ce~veyed to the Ali-star CommJttea to be Included
with those lists of All-stars from the other Divisions. No announcement o~ release of the
names of said players shall be made ~ to the Closing Day Ceremony.
All-Star Uniforms.
The League shall provide Alt-Star uniforms to each player selected In the Junior, Senior,
and Tear, age Divisioes. Alternate Ali-Star players shall also receive uniforms and
awards identical to those of the Regular Alt-Star ptayem. There shall be no Ali-Star
uniforms for the Pee Wee Division. Alternate All-stars shail be permitted and
encouraged to practice with and participate in all activities as do other members of the
Ali-Star team.
Ali-Star Coaches.
The Head Coach of each Division All-Star team shall be the Head Coach of the team
which finished the Regular Season as ltm First Place team in that Division_ The Board
shall offer said coach the opportunity to serve as the Ali-Star Head Coach, If this coach
declines the opportunity, the Board shall select the best-qualified replacement from
Page 22
among the remaining Head Coaches within the League. In considering such
replacement the Board shall evaluate the team standings, character, experience,
availability, and such other I'actors as the Board deems appropriate. The replacement
shall be selected by vote of the Board. Quorum shall be two-thirds (2/3) of the Board
present and a simple majority affirmative vote shall be required [or approval. The Head
Coach, however selected, shall have the option of choosing up to two (2) Assistant
All-Star Coaches. Assistant Coaches shall be selected I~rom the ranks of teams within
the Alt-Star team's age Division, unless the Heed Coach can satisfactorily explain to the
Board why it should be otherwise.
Should the Head COach relinquish said position, or be unable to continue in that position
throughout the post-season period and until after the All-Star tournament, for whatever
reason, the Fkst Assistant Coach shall assume the Head Coach duties. Under these
circumstances, the Board may permit the new Head Coach to appoint a replacement
Assistant Coach, who shall become the Second Assistant, if there were already two
assistants. The names of the All-Star coaching staff shall be announced at the Closing
Day Ceremony before the names of the selected players are announced. This shall
permit the Heed Coach, and Assistant(s). to greet the team. The League shall provide
uniforms and awards I~or the Head Coach and up to two (2) Assistant Coaches_
Page 23
APPENDIX
Page 24
Southside Little Miss Kickball
COACH APPLICATION
DATE OF APPLICATION FOR THE 19 SEASON
I WOULD LIKE TO BE CONSIDERED FOR A HEAD / ASSISTANT COACH POSITION.
APPLICANT NAME
(PRINT: FIRST
. ADDRESS
HOME PHONE
EMPLOYER
PRESENT WORKING HOURS
PHYSICAL IMPAIRMENTS
MIDOLE
AGE
L~T)
ZIP
WORK PHONE
OCCUPATION
ARE YOU REQUESTING THE SAME TEAM AS LAST YEAR? YES / NO
AGE DIVISION? Pee Wee I Junior / Senior / Tcc,'-,age TEAM?
PREVIOUS KICKBALL COACHING EXPERIENCE (L.Jst t'ne Age Division,When,Where)
LIST AND EXPLAJN OTHER EXPERIENCE WORKING WITH YOUNG GIRLS/BOYS (Scouts, PTA,
Church, etc.)
DO YOU HAVE A CHILD PLAYING KICKBALL? YES / NO IF 'YES", WHAT AGE DIVISION
AND WHAT TEAM DID YOUR CHILD PLAY ON LAST SEASON?
IF APPROVED, DO YOU INTEND TO ASK FOR A 'COACH'S OPTION' FOR THIS CHILD? YES I NO
REFERENCES
1.
2
3.
SPOUSE'S
EMPLOYER OCCUPATION
DOES YOUR SPOUSE SUPPORT YOUR DESIRE TO COACH? YES I NO
APPECANT SIGNATURE
P~e25
TO WHOM IT MAY CONCERN:
I certify that this document is a true and con-ect copy and
has not been amended or repealed.
Joan SwarLz
Secretary-Treasurer
Southside Little Miss Kickball League
Southside Little Miss Kickball
P.O. Box 6212
Corpus Christi, Texas 78466
Membership and User Requirements:
Southside Little Miss Kickball is open to all girls in the city ages 6-18. This league
does not discriminate. The majority of our 600 players live in the south, central,
and west areas of Corpus Christi. The majority of our participants are Hispanic
and come from lower to middle income families. The CYD program helped fund
scholarships during the 1999-2003 playing seasons for girls living in the 78415 zip
code. Southside provides scholarships for girls with financial need. No child has
ever been turned away. Southside makes allowances for children with disabilities.
Girls with following have been members of the league and active team
participants: downs syndrome, cerebral palsy, leukemia, and cancer.
Membership Fees:
The 2004 regislxation fees were:
· $50 for one child in the household and $20 for each additional member of
the household.
Registration fcc$ included:
· shirt
· visor
· sno-cone after each game
· secondary medical insurance coverage
Schedule of Activities, Hours and Terms of Operation:
Registration for the season begins in January.
Practice begins March 1~.
Regular seasons games begin on April first and continue through mid June.
12 games are played nightly Monday through Friday at 6:30 pm, 7:45 pm, &
9:00 pm.
The All-Stars (3 teams) practice mid June thro~gh the beginning of July.
All-star tournament is the 4th of July weekend.
TO WHOM IT MAY CONCERN:
I certify that this document is a true and correct copy and
has not been amended or repealed.
Secretary-Treasurer
Southside Little Miss Kickball League
Date
LITTLE MISS KICKBALL INTERNATIONAL, INC.
P. O. Box 8046
Corpus Christi, Texas 78468-8046
Fax 36~-242-~906
June 21, 2004
To Whom It May Concern:
Please be advised that the 5outhside Lil~le Miss Kickboll League
is one of 18 leagues in the state of Texas within Little Miss
Kickboll Tnternational, ];nc.
The 5outhside Lil-tle Miss Kickball Lea9ue has always been in good
standing with the Corporation. Since the inception of 5outhside
(1971) all of the Charter Applications, Charter Amendments and
reports required by Corporation and ];1~5 have been submitted in
o timely fashion.
Lindo Sanders
Treo&urer
Little Miss Kickball ];nternational, ]:nc.
TO WHOM IT MAY CONCERN:
I certify that this document is a true and correct copy and
has not been amended or repealed,
Secretary-Treasurer
Southside Little Miss Kickball League
Date
Exhibrt D
INSURANCE REQUIREMENTS
LESSEE'S LIABILITY INSURANCE
Lessee must not commence work under this Lease unUI insurance required herein has been obtained and such
insurance has been approved by the City. Lessee must not allow any subcon~'ector to commence work until all
similar insurance required of the subcontzactor has been obtained.
Lessee must furnish to the City's Risk Manager, (two) 2 copies of Cartflicetes of Insurance, showing the following
minimum coverage by insurance company(s) acceptable to the Cib/s Risk Manager. The City must be nsmed as an
additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies.
TYPE OF INSURANCE
MINIMUM INSURANCE COVERAGE
30-Day wrttt~n notice of cancellaUon, non-renewal,
nmterlal change or termination and a 10 day
notice of cancellation for non-payment of premium is
required on e# certificates.
Bodily Inju~ and Property Damage
Per occurrence / aggregate
Commercial General Liability including:
2,
3.
4.
5.
6.
7.
Commercial Form
Premises - Operations
Products/Completed OperaUons Hazard
Contractual Uablllty
Breed Form Property Damage
Independent Contractors
Pemonal Injury
$1,000,000 COMBINED SINGLE LIMIT
In the e~nt of accidents of any kind, Lessee must ~umish U~e Risk Manager copies of ell reports of any accidents
wflflin 10 days of U~e accident.
ADDITIONAL REQUIREMENTS
Certificate of Insurance:
The City of Corpus Christi must be named as an additional insured on the liability coverage, and a
blanket waiver of subrogaUon is required on all applicable polities.
If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must
be amended by adding the wording "changed or" between "be" and "canceled", and deleUng the words,
"endeavor to", and deleting the wording after "left'.
The name of the project must be listed under "Description of OparaUons".
At a minimum, a 30-day written notice of cancellation, material change, non-renewal or tsrrninsUon amd a
10 day written notice of cancellalion for non-payment ol' premium is required.
If the Certificate ol= Insurance on its [ace does not show on its face the existence of the coverage required byiterns
1 .B (1)-(7), an aufi3orized representative of the insurance company must include a letter specifically stating
whether items 1 ,B. (1)-(7) are included or excluded.
Page 1 of 4
Exhibit E
Notice of Prior Use
Lessee acknowledges that Jerry Smith Fields at 4200 Mc Ardle Road was a
portion of a closed municipal solid waste landfill, and acknowledges receipt and
acceptance of this notice required by Section 361.539 of the Texas Health and Safety
Code and the Texas Commission on Environmental Quality's (TCEQ) rules in Section
330.962 of Title 30, Texas Administrative Code. Lessee acknowledges that the City
does not represent the land covered by this lease is suitable for Lessee's intended use.
Lessee agrees to:
(a) Comply with all applicable Federal and State of Texas laws and regulations
applicable to construction and operation of the facilities contemplated by Lessee
on the premises described in the attached Lease, including those applicable to
closed municipal solid waste landfills and the regulations relating to same
including, but not limited to, Chapter 361 of the Texas Health & Safety Code and
Title 30, Part I, Chapter 330, Subchapter T, Texas Administrative Code. (A copy
of the current version of Subchapter T is attached to and incorporated into this
lease.)
(b) Not to disturb the integrity and function of the final cover, all components of
the containment system, and any monitoring systems, without authorization of
the TCEQ.
(c) Take any action deemed necessary by the TCEQ to restore the final cover,
any component of the containment system, or monitoring systems disturbed by
the construction, maintenance or operation of any facilities proposed by Lessee.
(d) Conduct soil test if required by 30 TAC 330.953 or TCEQ before undertaking
any development of the property.
(e) Obtain a development permit from the TCEQ before commencing any
construction of an enclosed structure, if required by 30 TAC 330.954(a) or TCEQ.
(f) Register any existing structures owned or being used by the Lessee, if
required by 30 TAC 330.954(c) or TCEQ. (The Director has a copy of the list of
structures the City has registered with the TCEQ.)
(g) Prepare a Site Operating Plan, if required by 30 TAC 330.959(4) and
330.257(r) or TCEQ. (The Director has a copy of the Site Operating Plan the
City filed with the TCEQ.)
(h) Prepare a Structures Gas Monitoring Plan, if required by 30 TAC 330.959(5)
or TCEQ. (The Director has a copy of the Structures Gas Monitoring Plan the
City filed with the TCEQ.)
H/LEG DIR~Ol~aR/Doyle\Park & Rec~O13105DC.LierrySml [hFleh~s,LIIUe M~ss. Kickball PT~r Use Closed. LandfllI,Acknow~d gm~3[2..doc
Page 2 of 4
(i) Install landfill gas monitoring equipment in any enclosed structures owned or
being used by the Lessee, if required by 30 TAC 330.959 or TCEQ. (The City
has installed and maintains gas monitoring equipment in some enclosed
structures on the site, as part of the City's Structures Gas Monitoring Plan that
was approved by the TCEQ. The City does not warrant that the enclosed
structures are suitable or safe for use by adults or children. The use of the
structures may pose a potential health threat to adults or children. Anyone
using an enclosed structure does so at their own risk. The Lessee may
install additional landfill gas monitoring equipment in any enclosed structures
used by the Lessee or its officers, members, employees, agents, contractors, or
invitees, if the Lessee is concemed with the air quality within the enclosed
structures. If the Lessee elects to use an enclosed structure, the Lessee must
post a sign at every entrance that warns others that the structure may contain
landfill gases, which may be hazardous to the health of occupants.
(j) Operate the landfill gas monitoring equipment installed by the Lessee and
maintain all necessary records, if required by 30 TAC 330.960 or TCEQ. Copies
of all required records shall be submitted to the Director on a monthly basis.
(k) Prevent the ponding of water on any property under the Lessee's control.
(I) Submit plans to control the drainage of storm waters from any structures used
by the Lessee to the Director for review and approval.
(m) Hold the City harmless and indemnify City for any claims,
penalties, or violations that result from Lessee's, its assigns, or
their agents disturbance of the said closed municipal solid
waste landfill.
H:\LEG~)IR~OlgaRIDoyle'~Park & Rec~13105DC.JerTySml [hFie~ds,Liil~e Miss. K~ckbalI.pr~x. Use Closed. LandfilI.Ackr~ow~d gment2.doc
Page 3 of 4
TEXAS ADMINISTRATIVE CODE
Title 30. ENVIRONMENTAL QUALITY
Part I. TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
Chapter 330. MUNICIPAL SOLID WASTE
Subchapter T. USE OF LAND OVER CLOSED MUNICIPAL SOLID WASTE
LANDFILLS
§ 330.962 Notice to Buyers, Lessees, and Occupants
(a) An owner of land that overlies a CMSWLF unit shall prepare a written notice stating
the former use of the facility, the legal description of property, notice of the restrictions
on the development or lease of the land imposed by this subchapter and the Health and
Safety Code, Chapter 361, Subchapter R, and the name of the owner. The owner shall
file for record the notice in the real property records of the county in which the property
is located.
(b) An owner of land that overlies a CMSWLF unit shall notify each lessee and each
occupant of a structure that overlies the unit of:
(1) the land's former use as a landfill; and
(2) the structural controls in place to minimize potential future danger posed by
the CMSWLF.
V.T.C.A., Health & Safety Code § 361.537
§ 361.537. Lease Restriction; Notice to Lessee
A person may not lease or offer for lease land that overlies a closed municipal solid
waste landfill facility unless:
(1) existing development on the land is in compliance with this subchapter; or
(2) the person gives notice to the prospective lessee of what is required to bring
the land and any development on the land into compliance with this subchapter
and the prohibitions or requirements for future development imposed by this
subchapter and by any permit issued for the land under this subchapter.
Lessee acknowledges that it has received, read, and accepts the above Notice of
Prior Use this i day of ~'~;, ,2005.
LESSF_.)E:/SOUTHSlDE LI'I-I'LE MISS KICKBALL
101~al~t.~n e Mojica
Title:
H:\LEG-DIR\OigaR~Doyfe~Park & R~\0131 ~5DC~JerrySmi~thRetds~Jr~eMiss~Kickba~Pd~r~Use~C~se~Land~ckn~w~d~gment2~d~c
Page 4 of 4
STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on /~ ~-~-~ [ ,2005, by
Marianne IV,.cfjjr.~. ~'~¢s ~,,,~ of Southslde Little Miss Klckball, a Texas
nonprofit c~"~r~i ,,o_l~beh~Lthe c_,q ~poration.
/
L
Notary Pub'm, o[a,e ul' ~rux~ --
Pdnted Name:
Expiration Date:
H:\LEG-DIR\O~gaF~Doy~e~Park & Rec~013105DC JenySmi,thFie~ds Uitle,Miss K~kbalI.Pdor. Us~.Closad. LandfllI.Ackr~owld.gment2 doc