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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