Montgomery Soccer Club
Constitution
This is the Constitution of the Montgomery Soccer Club (MSC). A non-profit corporation incorporated under the laws of the State of Texas.
ARTICLE I: NAME, LOGO AND COLOR
Section 1: Name
The name of this organization shall be the Montgomery Soccer Club, which will also be referred to as “club” hereafter. MSC will be incorporated as a non-profit organization in the State of Texas and is subject to the laws of the State of Texas and to its own Constitution, By-Laws, Rules and Procedures.
Section 2: LOGO
The logo of the MSC is still to be determined. Every attempt will be made so as to make the logo unique and appropriate.
Section 3: COLORS
The colors of the MSC shall be Red, Blue and White. This color combination is in accordance to the history of the city of Montgomery where the flag of Texas was created.
ARTICLE II: PURPOSE, POWERS AND MISSION
Section 1: Purpose
The club is an organization established exclusively for educational and charitable purposes. Its purpose shall include but not be limited to the teaching of the sport of soccer to youth and adult players by the holding of clinics with qualified instructors, the distribution of instructional material at schools, playground and parks, the promotion of physical health and fitness and the game of soccer with other similarly structured or affiliated organizations.
Section 2: Powers
The club shall have the power of making distributions to organize that qualify as except organizations in accordance with the requirement of the Internal Revenue Service Code. In addition, it shall be empowered to purchase, lease or otherwise acquire, improve construct, own, hold, use maintain, operate, exchange encumber, sell, convey or other wise dispose of real and personal property of every kind, nature, or description, as may be necessary or desirable to promote the primary purpose of the Club. In furtherance of those powers, it shall have the authority to make and perform contracts of every kind for any lawful purpose without limit as to amount, but within the guidelines as established by the Club’s defined limits of authority as set out in this constitution and/or its By-Laws, with any person, firm, association, corporation, municipality, state, government, or municipal or political subdivision. In addition, it shall also undertake all other acts necessary or expedited to the administration of the affairs and attainment of the purpose of the Club.
Notwithstanding any of the foregoing statements of powers, the Club shall not except to an insubstantial degree, engage in any activities or exercise any powers that are not in the furtherance of the primary purpose of the Club as set forth in Section 1 of this Article, and nothing contained in the foregoing statements of purpose shall be construed to authorize the Club to carry on any activity for profit of its members or to distribute any gains, profit, or dividends to its members.
Section 3: Mission Statement
The Clubs’ mission is to provide a soccer environment which is developmentally appropriate for all levels of play. MSC promotes the spirit of sportsmanship, education of the game, the electricity of competition and the importance of the pure enjoyment of soccer.
ARTICLE III: AFFILIATION AND JURISTICTION
Section 1: Affiliation
The Club shall be free to affiliate with any soccer association as it sees fit in iths sole discretion, including but not limited to any affiliate of the United States Soccer Federation (USSF) including United States Youth Soccer (YSYS), South Texas Youth Soccer Association (STYSA) and their subsidiary, affiliated or successor associations.
Section 2: Jurisdiction
MCS shall have jurisdiction over all teams, administrators, referees, coaches, players and supporters affiliated with the organization. MSC will represent the association collectively with the Timberline Youth soccer Association (TYSA) and the South Texas Youth Soccer Association (STYSA).
ARTICLE IV: TERITORIAL BOUNDARIES-RECREATIONAL PROGAMS
The Club’s territorial boundaries for recreational programs under STYSA and its affiliates shall be the larger Montgomery area (i.e., around the Lake Conroe).
ARTICLE V: MAIN OFFICES
The Club’s main office shall be at a location to be determined by the Board. All permanent record pertinent to Club business shall maintained by the president or his designee.
ARTICLE VI: MEMBRSHIP IN THE CLUB
Any person residing with in the State of Texas may participate and may be a member in the Club. The Club shall have the authority to levy fees on its members. “Members” of the Club include player participants, their parents or legal guardians and all Directors, Officers, coaches and managers of the Club.
Section 1: Board of Directors
The Board shall be responsible for all official actions of the Club. All matters of business developed within its committees and requiring official action shall be reported to the Board. The Board shall be compromised of thirteen members consisting of: Past-President, President, Vice-President, Secretary, Treasurer, Registrar, Scheduler, Director of Field’s, Director of
Referees Director of Marketing, Director of Recreational Coaches, Director of Competitive Coaches, and Director of Technology.
Section 2: Liabilities
Board Members and members of the Club shall not be personally liable for any legal or financial action taken against MSC, the Board of Directors, or its member leagues or associations as lingos they have acted in good faith and in the best interest of the Club and are not guilty of negligence or misconduct.
ARTICLE VII: SEASONAL AND FISCAL YEAR
Section 1: SEASONAL YEAR
The seasonal year of MSC shall be the same as the seasonal year of STYSA, subject to the seasonal year of USYSA.
Section 2: FISCAL YEAR
For the purpose of filing federal income and state sales tax returns, the fiscal year of MSC shall begin on January 1 and end December 31 of each year.
ARTICLE VIII: MEETINGS
Section1: Meetings
General meetings of the Club Members shall be called by the President after a majority approval of the Board. These general meetings may be called for any purpose.
Section 2: Regular and Special Board Meetings
The club shall schedule regular Board meetings at any time and place made known to all Directors but not occur no less then four (4) trims per calendar year.
Special Board meetings may be called by the president on his/her own initiative or as required under the Club’s By-Laws regarding DPC Appeals. The president shall also call a Special Board Meeting if requested by any two Directors. These Special Board Meetings shall take up only the specific business which the meeting was called and this business must be made known to all Directors at the time they are notified of the meeting.
Regular and Special Board Meetings and all committee meetings except as otherwise specified are open to any Member of the Club as defined in Article VI. Other interested and any affiliations with other soccer organizations upon their introduction at the beginning of meeting. Such individual or group may be President or majority vote of the Directors present at the meeting. An administrative Session of the Board may be requested by any Director, subject to the acceptance of the President, or by the President him/herself to consider any subject. Administrative sessions of the Board shall be attended only by Directors. Regular and Special Board Meetings may be conducted in whole or n part by the means of conference or similar communications equipment whereby all persons participating in the meeting may communicate with one another including use of an electric medium, such at an Internet based vehicle. No proxies are allowed.
Section 3: ORDERS OF BUSINESS
The orders of business for regular meetings shall be as follows:
1. Roll call.
2. Motions to Reinstate and call the meeting to order.
3. Approve minutes of last meeting.
4. Unfinished (old) business.
5. Financial and budget review and approval.
6. Amendments to the Constitution (if any), By-Laws (if any), and Rules and Procedures (if any).
7. Reports from Standing and Special Committees.
8. Reports form Officers and Directors.
9. New Business.
10. Adjournment
Section 4: RULES OF ORDER
All other aspects of the meeting of NBYSA shall be conducted in accordance with Robert’s Rules of Order, latest edition.
ARTICLE XII: CONFLIC BETWEEN CONSTITUTION AND BY-LAWS
Should there be found to be conflict between any provision in this Constitution and By-Laws, the provision in the constitution shall prevail.
ARTICLE XIII: DISSOLUTION
In the event the Club is dissolved or ceases to function, the Board shall, if necessary, dispose of the Club’s assets to pay the valid liabilities of the Club. Any asserts or monetary balance remaining thereafter, shall, at the sole discretion of the Board, be either: (1) disbursed to such organizations(s) established exclusively for charitable, educational, religious or scientific purposes as shall at the time qualify as an exempt organization under the Internal Revenue Code or (2) tendered to South Texas Youth Soccer Association (or any valid successor organization thereto) or (3) tendered to any other approved affiliate of USSF, any of which shall make appropriate arrangements for disposition of the assets and arrangments for teams and registered players.
ARTICLE XIV: AFFILIATED CONSTITUTIONS AND BY-LAWS
If not addressed in their Constitution or By-Laws, the Club will follow the Constitution and
By-Laws of any soccer association with which it is then affiliated, which currently includes the United States Soccer Association and Association and South Texas Soccer Association.
ARTICLE XV: DISPUTES AND LITIGATION
Section 1: Disputes
As a condition of membership in MSC (i.e., registered players, parents, coaches administrators, officers, officials of Leagues and Associations, referees, or their agents), you must agree to utilize the procedure for handling and resoling of grievances, disputes, problems and/or appeals (including an appeal to the Beard of Directors meetings) as established by MSC.
Section 2: Litigation Prohibition
As a condition of membership in MSC(i.e., registered players, parents, coaches, administrators, officers, officials of Leagues and Associations referees or their agents) agree not to use any court of the land and/or instate legal proceeding of any type to pursue any grievances disputes or problems against MSC. In lieu of the ability to institute legal action of any type and /or not use any court of the land, all members have the right to use the internal process established to settle grievances, disputes and/or problems within the procedure established by MSC (including those rights outlined in the Amateur Sports Act.
Notwithstanding the provisions of the Article of the Constitution, if any member of MSC (i.e., registered players, parents, coaches, administrations, officers, officials of member Leagues and Associations, referees or heir agents) elects to proceedings against MSC they must agree to pay the reasonable legal expenses included in defending the action if the courts rule in favor of MSC (this includes, but is not limited to court coast, attorney’s fees, reasonable compensation for time spent by officials and members of MSC prevail in the legal proceeding for any reason, the amount owed will be paid within 30 days of the billing or the member(s) that instituted the legal preceding with be suspended from membership in MSC until such time that the billing is satisfied. If any member association, league, or individual takes any action that results in MSC becoming involved in any legal proceeding, the club is responsible of the legal expenses.