Loading...
HomeMy WebLinkAboutMin - Parks and Recreation Board - 1982 - 01/28 - RegularMinutes Allen Parks and Recreation Board Regular Meeting Lyth Thursday January 2h, 1962 Allen Public Library s Members Present: Russell Rratcher, Ron Workman, oelen Johnson, David Morgan, Bob Outman I. Meeting was called to order by Ron Workman, 7:34 p.m. II. Minutes from the December B, 1981 Special Meeting were approved as read. 4 Yes 0 No III. A very positive report was given to the Board by Ron Workman on the joint work session with Allen Sports Association, Ron stated that he felt a good new working relationship had been established and a line of communication had been opened. IV. Bob Outman updated the Board on the Senior Citizen's Center. He informed the Board of the change in plans from building restrooms in the old cafeteria to remodeling two of the classrooms and the existing restrooms in the two-story building. Bob also told the Board of the opening of the Center on February 1, 1982 and the plans for a Grand Opening at a later date. V. A report from the Director of Parks and Recreation was given on the status of Reed and Ford Parks. Reed Park at this time is ready for bid openings, having completed the Pre -Bid Conference. Bids for Reed will be opened on Wednesday, February 3, 1982 at 2:00 p.m. at the Fire Station. Texas Parks & Wildlife has given permission to go ahead with the acquisition of the land for Ford Park. VI. Howard Trammell, representing the Allen Sports Association, brought a three-part presentation to the Board. 1. Organization (See Handbook) 2. Management (See Handbook) 3. Fees - Howard stated that the ASA was not opposed to a field -use fee (within reason), but was very opposed and would not support a non-residents fee. Howard was very appreciative of the opportunity to work with the Park and Recreation Board. He also presented a letter from the Lovejoy ISD stating their willingness to work with Allen in the use of any of their facilities. (See attached.) VTI„ A general discussion was engaged in by the Board and members of the audience on the ideals and concepts of the Parks fees. After much discussion and deliberation a proposal was presented by the Director of Parks and Recreation. After reading and discussing the proposal, a motion was made to adopt the proposal with some changes. Motion made by Helen Johnson, seconded by David Morgan. E Minutes, P & R Board 1/28/82 p. 2 The discussion that followed brought out two main points: 1. Bob Outman did not think the field -use fee was Filth enough. 2. Russ Bratcher did not want to put the fee day of collection where it would affect soccer since the fees for soccer had already been established. After the close of discussion, Ron Workman called for a vote. 3 for 2 against (The proposal is attached.) These S:inutes approved as read this �5day of 1902 Chairman Secretary jw-s ,t�. t�*jgah�m ,dm Minute Jan* 28* 1982 IBYLAWS OF ALLEN SPORTS ASSOCIATION, INC. Contents ARTICLE 1: Offices T-.Ur—Principal Office 1.02 Registered Office and Registered Agent ARTICLE 2: Members 2.Y Masses of Members 2.02 Selection of Members 2.03 Voting Rights 2.04 Termination of Membership 2.05 Resignation 2.06 Reinstatement 2.07 Transfer of Membership ARTICLE 3: Meetin s of Members nn meeting 3.02 Special Meeting 3.03 Place of Meeting 3.04 Notice of Meetings 3.05 Informal Action by Members 3.06 Quorum 3.07 Proxies 3.08 Voting by Mail ARTICLE 4: Board of Directors 1 Genera owers 4.02 Number, Tenure and Qualifications 4.03 Regular Meetings 4.04 Special Meetings 4.05 Notice 4.06 Quorum 4.07 Manner of Acting 4.08 Vacancies 4.09 Compensation 4.10 Informal Action by Directors ARTICLE 5: Officers T-M—Officers 5.02 Election and Term of Office ARTICLE 13: Waiver of Notice ARTICLE 14: Budgets, Fees, Fund Drives ARTICLE 15: Amendments to Bylaws ARTICLE 16: General Provisions I6.UI Annual Statement 16.02 Indemnification 16.03 Construction 16.04 Table of Contents; Headings Selection of Members 2.02. Members shall be selected by the Association upon compliance with the requirements listed in Section 2.01 above. Membership, subject to residency and other designated requirements, shall be open to the general public and shall not discriminate on the basis of sex, race, color or creed. Voting Rights 2.03. Each adult member (of the age of eighteen [18] years or over) shall be entitled to one vote on each matter submitted to a vote of the members. Provided, however, to be entitled to vote, each member must have been a member in good standing in the Association for at least thirty (30) days prior to the date of the matter to be voted on. Termination of Membership 2.04. The Board of Directors, by affirmative vote of two-thirds of all of the members of the Board, may suspend or expel a member for cause after an appropriate hearing and may, by a majority vote of those present at any regularly constituted meeting, terminate the membership of any member who becomes ineligible for membership, or suspend or expel any member who shall be in default in the payment of dues for the period fixed in Article 11 of these Bylaws or who shall be deemed to be guilty of gross misconduct as defined hereinafter. "Gross misconduct" shall be defined as illegal, wanton, heeless, and reckless misconduct on the part of a person that indicates conscious indifference on his part to the con- sequences of his act. Resignation 2.05. Any member may resign by filing a written resignation with the Secretary, but such resignation shall not relieve the member so resigning of the obligation to pay any dues, assessments, or other charges theretofore accrued and unpaid. Reinstatement 2.06. Upon written request signed by a former member and filed with the Secretary, the Board of Directors may, by the affirmative vote of two-thirds of the members of the Board, reinstate such former member to membership on such terms as the Board of Directors may deem appropriate. Transfer of Membership 2.07. Membership in this corporation is not transferable or assignable. States mail addressed to the member at his address as it appears on the records vj- of the corporation, with postage thereon prepaid. Informal Action by Members 3.05. Any action required bylaw to betaken ata meeting of the members or any action which may be taken at a meeting of the members may be taken with- out a meeting, if a consent in writing, setting forth the action so taken, shall be signed by all of the members entitled to vote with respect to the subject matter thereof. Quorum 3.06. The members holding ten percent (10/0) of the votes which may be cast at any meeting shall constitute a quorum at such meeting. If a quorum is not present at any meeting of members, a majority of the members present may adjourn the meting from time to time without further notice. Proxies 3.07. At any meeting of members, a member entitled to vote may vote by proxy executed in writing by the member or by his duly authorized attorney-in-fact. No proxy shall be valid after eleven (11) months from the date of its execution, unless otherwise provided in the proxy. Voting by Mail 3.08. 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 as the Board of Directors shall determine. ARTICLE 4 BOARD OF DIRECTOR S General Powers 4.01. The affairs of the corporation shall be managed by its Board of Directors. Directors need not be residents of Texas or members of the corpor- ation. Number, Tenure and Qualifications 4.02. The number of Directors shall be no less than three (3) nor more than fifteen (15). Each Director shall hold office until the next annual meeting of IManner of Acting 4.07. The act of a majority of the Directors present at a meeting at which a quorum is present shall be the act of the Board of Directors, unless the act of a greater number is required by law or by these Bylaws. Vacancies 4.08. Any vacancy occurring in the Board of Directors and any director- ship to be filled by reason of an increase in the number of Directors, shall be filled by the Board of Directors. A Director elected to fill a vacancy shall be elected for the unexpired term of his predecessor in office. Compensation 4.09. Directors as such shall not receive any stated salaries for their services, but by resolution of the Board of Directors a fixed sum and expenses of attendance, if any, may be allowed for attendance at each regular or special meet- ing of the Board; but nothing herein contained shall be construed to preclude any Director from serving the corporation in any other capacity and receiving compen- sation therefor. Informal Action by Directors 4.10. Any action required by law to be taken at a meeting of Directors, or any action which may he taken at a meeting of Directors, may be taken without a meeting if a consent in writing setting forth the action so taken shall be signed by all of the Directors. ARTICLE 5 OFFICERS Officers 5.01. The officers of the corporation shall be a President, one or more Vice Presidents (the number thereof to be determined by the Board of Directors), a Secretary, a Treasurer, and such other officers as may be elected in accordance with the provisions of this Article. The Board of Directors may elect or appoint such other officers, including one or more Assistant Secretaries and one or more Assistant Treasurers, as it shall deem desirable, such officers to have the auth- ority and perform the duties prescribed, from time to time, by the Board of Directors. -Any two or more offices may be held by the same person, except the offices of President and Secretary. Manual. At the completion of his term of office, he shall make specific recom- mendations to the Board of Directors concerning updating and amending the Manual. He shall solicit from all officers and commissioners their suggestions and com- mems concerning any changes proposed or to be proposed. Vice President of Equipment 5.07. The Vice President of Equipment shall be responsible for the total operation of the equipment program in connection with each sports program offered by the Assocation including, but not limited to, the ordering and purchasing of equipment, warehousing, storing and inventoring of same, issuing and collection of equipment, hiring of workers or locating suitable volunteers and, in general, overseeing the maintenance, care and implementation of the equipment. Vice President of Concessions 5.08. The Vice President of Concessions shall be responsible for the total operation of the concessions program, in connection with each sporting event scheduled in the various programs offered by the Assoclation including, but not limited to, the ordering and purchasing of merchandise, storing and inventoring of same, sales and receipts, the hiring of workers or locating suitable volunteers and, in general, overseeing the Ynafntenance, care and implementation of the concessions program. Vice President of Coaches 5.09. The Vice President of Coaches shall act as liaison between coaches and the Board of Directors and shall directly supervise and control the activities of coaches in each sport including, but not limited to, coordinating the assignment of coaches, policing the Association's rules as they apply to coaches and the respec- tive sport involved, receiving grievances and complaints from coaches to be brought before the commissioner of the sport involved and/or the Board of Directors, pursuant to established grievance procedures, and in general, aiding coaches in the performance of their jobs in the particular sport in question. Vice President of Rules and Officials 5.10. The Vice President of Rules and Officials shall act as liaison between officials and commissioners of each sport and officials and the Board of Directors and shall directly recruit, select, supervise and control the activities of officials in each sport, including their payment, as well as the keeping, and implementation of rule books in each sport and instructing officials in and interpreting officials on rules applicable to the sport in question. It shall be a part of the duties of this Vice President to attempt the settlement of controversies on the spot through the interpre- tation of rules in the event of an on -field controversy. This Vice President shall said sport by creating an atmosphere of cooperation among and between the Board of Directors and the officers of the Association on the one end and the coaches, officials, staff and general public on the other. It will also be the specific duty of each Commissioner to recruit and recommend to the Board of Directors the selec- tion of coaches to serve in the particular sport in his area in each particular season thereof. Upon completion of an individual sport, the Commissioner involved shall hold, within thirty (30) days of the completion of said season, an open meet- ing, with public notice, to review the past season. All coaches, league managers and interested adults shall be invited to attend. At this time, all problems shall be reviewed and recommendations taken for future presentation to the Board of Directors no later than sixty (60) days from the date said season terminates. Treasurer 5.15. If required by the Board of Directors, the Treasurer shall give a bond for the faithful discharge of his duties in such sum and with such surety or sureties as the Board of Directors shall determine. He shall have charge and custody of and be responsible for all funds and securities of the corporation; re- ceive and give receipts for moneys due and payable to the corporation from any source whatsoever, and deposit all such moneys in the name of the corporation in such banks, trust companies, or other depositaries as shall be selected in accord- ance with the provisions of Article 7 of these Bylaws; and in general, perform all the duties incident to the office of Treasurer and such other duties as from time to time may be assigned to him by the President or by the Board of Directors. Secretary 5.16. The Secretary shall keep the minutes of the meetings of the members and of the Board of Directors in one or more books provided for that purpose; give all notices in accordance with the provisions of these bylaws or as required by law; be custodian of the corporate records and of the seal of the corporation, and affix the seal of the corporation to all documents, the execution of which on behalf of the corporation under its seal is duly authorized in accordance with the provisions of these Bylaws; keep a register of the post office address of each member which shall be furnished to the Secretary by each member; and, in general, perform all duties incident to the office of Secretary and such other duties as from time to time may be assigned to him by the President or the Board of Directors. Assistant Treasurers and Assistant Secretaries 5.17. If required by the Board of Directors, the Assistant Treasurers shall give bonds for the faithful discharge of their duties in such sums and with such sure- ties as the Board of Directors shall determine. The Assistant Treasurers and Assistant Secretaries, in general, shall perform such duties as shall be assigned to them by the Treasurer or the Secretary or by the President or the Board of Directors. Chairman 6.04. One member of each committee shall be appointed chairman by the person or persons authorized to appoint the members thereof. Vacancies 6.05. Vacancies in the membership of any committee may be filled by appointments made in the same manner as provided in the case of the original appointments. Quorum 6.06. Unless otherwise provided in the resolution of the Board of Direc- tors designating a committee, a majority of the whole committee shall constitute a quorum and the act of a majority of the members present at a meeting at which a quorum is present shall be the act of the committee. Rules 6.07. Each committee may adopt rules for its own government not in- consistent with these Bylaws or with the rules adopted by the Board of Directors. ARTICLE 7 CONTRACTS, CHECKS, DEPOSITS, AND FUNDS Contracts 7.01. 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. Such authority may be general or confined to specific instances. Checks and Drafts 7.02. All checks, drafts, or orders for the payment of money, notes, or other evidences of indebtedness issued in 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 instruments shall be signed by the Treasurer or an Assistant Treasurer and countersigned by the President or a Vice President of the corporation. 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 corpora- tion may be inspected by any member or his agent or attorney for any proper pur- pose at any reasonable time. ARTICLE 10 FISCAL YEAR 10.01. The fiscal year of the corporation shall begin on the first day of October and end on the last day in September in each year. ARTICLE 11 DUES Annual Dues 11.01. The Board of Directors may determine from time to time the amount of initiation fee, if any, and the annual dues payable to the corporation by members of the Association, as well as the fees to be paid by each member in participating in any adult's or child's sports program offered by the Association. Payment of Dues 11.02. All fees and dues shall be payable, annually, in advance prior to a member's, or his child's, participation in any sports program offered by the Association. Default and Termination of Membership 11.03. When any member of any class shall be in default in the payment of dues for a period of one (1) month from the beginning of the fiscal year or per- iod for which such dues become payable, his membership may thereupon be terminated by the Board of Directors in the manner provided in Article 3 of these Bylaws. ARTICLE 12 SEAL 12.01. 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 corpor- ation and the words "Allen Sports Association, Inc. - Corporate Seal". land clear statement of the business and condition of the corporation, including a reasonably detailed balance sheet, income statement, and surplus statement. Indemnification 16.02. The corporation shall indemnify, to the extent provided herein- after, these persons: (1) Any director, officer, agent or employee of the corporation; (2) Any former director, officer, agent or employee of the cor- poration; and, (3) Any person who may have served at the corporation's request as a director, officer, agent or employee of another corporation in which the corporation owns or has owned stock, or of which it is or has been a creditor. The indemnification shall be against expenses actually and neces- sarily incurred by such person, and any amount paid in satisfaction of judgments to connection with any action, suit or proceeding (whether civil or criminal) in which he is made a party by reason of being or having been such a director, officer, agent or employee (whether or not such at the time the costs or expenses are in- curred by or imposed on him) except in relation to matters as to which he shall be adjudged in such action, suit, or proceeding to be liable for gross negligence or willful misconduct in the performance of duty. The corporation may also reimburse any such person the reason- able costs of settlement of any such action, suit or proceeding, if it is found by a majority of the committee of the Directors not involved in the matter (whether or not a quorum) that (1) it was to the interest of the corporation to make such settle- ment and (2) such person was not guilty of gross negligence or willful misconduct. These rights of indemnification and reimbursement shall not be exclusive of any other rights to which such person may be entitled by law, Bylaw, agreement, members' vote or otherwise. Construction 16.03. Whenever the context so requires, the masculine shall include the feminine and neuter, and the singular shall include the plural, and conversely. If any portion of these Bylaws shall be invalid and inoperative, then, so far as is reasonable and possible: AMENDMENT TO TINE BYLAWS OF ALLEN SPORTS ASSOCIATION, INC. I, the undersigned, do hereby certify: (1) That I am the duly elected and acting secretary of the Allen Sports Association, Inc., a Texas nonprofit corporation; and, (2) That the bylaws of the corporation relating to classes of members, selection of members, and voting rights, as well as the number, tenure, and qualifications of directors, were amended by a unanimous vote at a meeting of the Board of Directors duly held on the r day ofC Co -w ✓ A. D., 1977, so that said bylaws now read as follows: ''ARTICLE 2 MEMBERS Classes of Members 2.01. The corporation shall have one (1) class of members only. The designation of such class and qualifications and rights of the members of such class shall be as follows: every family of adult persons (of the age of eighteen [18] years or over) residing within the boundaries of the Allen Independent School District or the Lovejoy Common School District who shall enroll annually, between the dates of January 1 and December 31 of each year, either themselves or a child in a particular Allen Sports Association sport available to that person shalt be eligible for membership and shall receive a membership card from the Association. Additional membership cards may be purchased upon payment to the Association of the applicable membership fee, by the other adult spouse in a family so that husband and wife are listed as members and, therefore, each entitled to vote at any meeting of the membership. Further, any adult person, upon compliance with the member- ship requirements, whether married or not, without regard to his or a child's participation in a sport offered by the Association, may purchase an individual membership upon payment, annually, to the Association of the appropriate mem- bership fee. Selection of Members 2.02. Members shall be selected by the Association upon compliance with the requirements listed in Section 2.01 above. Membership, subject to residency and other designated requirements, shall be open to the general public and shall not discriminate on the basis of sex, race, color or creed. Voting Rights 2.03. Only those adult persons (of the age of eighteen [18] years or over) who are members of the Association shall be entitled to vote at any meeting of the membership. Only those adult persons listed below shall be entitled to vote on any matter submitted to a vote of the membership: (a) One adult member of each family who shall have enrolled annually, per the requirements of Section 2.01 above, either an adult member of his family or a child in a particular Association sport available to that person; (b) A second adult spouse in any family who has purchased an individual membership in the Association; and, (c) Any adult person, whether married or not, without regard to his or a child's participation in a sport offered by the Association, who has purchased an individual membership in the Association. Each member shall be entitled to one vote on each matter submitted to a vote of the membership. Provided, however, to be entitled to a vote, each member must have been a member in good standing in the Association for at least thirty (30) days prior to the date of the matter to be voted on. ARTICLE 4 BOARD OF DIRECTORS Number, Tenure and Qualifications 4.02. The number of Directors of this Association shall be no less than three (3) nor more than fifteen (15) who shall hold office until the first annual meeting of the members and until their successors are elected and qualified. At the first M0000000W�-n Attachment to Minutes _ Jana 28, 1`982 CITY OF ALLEN PARKS AND RECREATION BOARD PROPOSED FEE SCHEDULE At the direction of the Allen City Council, the Parks and Recreation Board was given the responsibility of recommending to the Council, for their action, a proposed facilities use fee schedule. It is the sense of the Parks and Recreation Board that the Council's direction concerned primarily the cost of providing recreational opportunities for non-resident participants and that any proposed facilities use fee schedule should recognize the financial contributions of residents through ad valorum taxes. After several months of study and deliberation during which discussions were held between members of the Parks and Recreation Board and the ASA Board and by other members of the community during open meetings of the Parks and Recreation Board, the Board finds the following statements of fact to be relevant: 11 I. Definitions: A. Non-resident: Someone who does not reside within the corporate limits of the City of Allen as they may now or in the future be defined by the City Council, is defined as a non-resident. B. Incremental Cost: The City Council has provided, through bond issues approved by the voters and through other means approved by the City Council, funds for construction of certain facilities suitable for organized athletics. The Parks and Recreation Board recognizes that certain ongoing costs are incurred by the City in providing for organized athletics on those facilities above those costs that are incurred for "casual" or "unorganized" play. For example, weekly chalking and/or line cutting, extra trash pickup, etc., are required for organized athletics but would only be required for casual or unorganized play on a monthly basis. A preliminary study by the staff indicates these costs exceed $12,000 per year for soccer, baseball/softball and football. In order to facilitate organized sanctioned league ,Pfc'posed Fee Schedule, con't. page 2 play these funds must be budgeted for this purpose and, therefore, are not available for other purposes. These costs are defined as incremental costs. C. Reciprocal Facilities Usage: Presently there exists a practice of mutual use of facilities where other jurisdictions provide facilities and make those facilities available to Allen residents and Allen facilities are made available to residents of those other jurisdictions either on a "home and home" or "mixed team" basis. This practice is defined as reciprocal facilities usage. D. Organizing Agent: A group or individual acting in behalf of a team, league, individuals, or other groups by organizing, registering, collecting fees or in any other way acting in an administrative capacity enabling teams, leagues, individuals, or other groups to participate in scheduled organized competition is defined as an organizing agent. II. The cost per household of the Parks and Recreation Department operating budget for residents of the City of Allen is calculated at $41.65 per year based on the following: A. Utility connections 3,200 B. Parks and Recreation Department FY81-82 Operating Budget $133,291 C. Cost per utility connections (household) B divided by A $ 41.65 III. Where reciprocal facilities usage arrangements are in force with other jurisdictions, non-resident fees should not be charged to the residents of the other jurisdictions. The Parks and Recreation Board will insure that usage and availability of facilities are equitable. L YP4oposed Fee Schedule, con't. page 3 IV. The Parks and Recreation Board recognizes the demand for other facilities such as playground and picnic areas, senior citizens facilities, and open space. The Board finds that there are needs in the City for these other types of facilities in addition to athletic facilities. The Board has extensively reviewed the concept of user fees to support the special programs of the Parks and Recreation Department and finds the concept valid and appropriate. Because of the limited funding available in the Parks and Recreation budget to support all these activities, the athletic facilities users should help offset some of the incremental costs incurred to support organized athletics. Based on the above, the Parks and Recreation Board recommends the following policy: A. Field Use Fee: $1.00 per participant for each activity (soccer, football, and baseball/softball) to offset some of the incremental costs incurred in supporting these activities. B. Non-resident Fee: $21.00 per family per year. (January through December) C. The cooperation of organizing agents will be required to implement the fee schedule. In addition, all organizing agents should be required to: 1) Make available to the Parks and Recreation Department a list of names and street addresses of all participants. 2) Certify that all fees required to be paid to the City have been collected and paid prior to the start of league play. D. An identification card will be issued to all non-resident participants by the City after payment of the non-resident fee. ID cards will be issued by the Parks and Recreation Department during normal business hours or as may be arranged by the department. P psed Fee Schedule, con't. page 4 E. The proposed fee schedule is recommended to be implemented upon adoption by the City Council. F. The Parks and Recreation Board will periodically review and recommend, to the City Council, changes in the facilities use fee schedule. Dictated by Jon McCarty, City Manager to City Manager Secretary Undated