Res 050-2006 3/21/2006 •, .
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RESOLUTION NO. 5� — � �O(Q
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A
LICENSE AGREEMENT WITH THE YMCA OF WICHITA FALLS,
GRANTING EXTENDED RESERVATION PRIVILEGE FOR USE OF
BALLFIELDS IN UNIVERSITY KIWANIS PARK AND LAKE WICHITA
PARK FOR A SPRING AND FALL YOUTH BASEBALL LEAGUE IN 2006;
FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS
RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW.
WHEREAS, the YMCA of Wichita Falls wishes to conduct a spring and summer
youth/parent baseball league using eight ballfields in University Kiwanis Park and Lake
Wichita Park in 2006; and
WHEREAS, in order for their league to be more successful, they request
extended reservation privileges so they may more effectively schedule their games; and
WHEREAS, no problems were reported during their use of the ballfields in 2005.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. The City Manager is hereby authorized to execute the attached
agreement with the YMCA of Wichita Falls, granting a license for extended reservation
privileges of eight ballfields in University Kiwanis Park and Lake Wichita Park in 2006.
SECTION 2. It is hereby officially found and determined that the meeting at
which this resolution was passed was open to the public as required by law.
PASSED AND APPROVED this the 21st day of March, 2006.
MAYOR
ATTEST:
y Clerk
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LICENSE AGREEMENT
STATE OF TEXAS §
COUNTY OF WICHITA §
This agreement made and entered into by and between the City of Wichita Falls,
Texas, a municipal corporation, hereinafter called "City," and the Young Men's Christian
Association, hereinafter called "YMCA".
WITNESSETH:
WHEREAS, the YMCA requests license to extended reservation privilege for
eight ballfields owned by the City to conduct its spring and summer 2006 youth/parent
baseball league; and,
WHEREAS, the City and the YMCA recognize that the City provides a minimum
level of maintenance for the ballfields the YMCA wishes to use; and,
WHEREAS, the YMCA wishes to provide its participants a higher level of infield
maintenance, but believes it will have difficulty performing outfield and buffer area turF
mowing, turf and structure edging, and structure maintenance, and requests the City
perForm such maintenance in 2006; and,
WHEREAS, it is the desire of the City to assist the YMCA by assuming
responsibility for outfield and buffer area turf mowing, turf and structure edging, and
structure maintenance.
NOW, THEREFORE, for and in consideration of the mutual covenants
hereinafter contained to be performed by the parties hereto, City and YMCA do hereby
agree as follows:
1. City hereby grants to YMCA a license to extended reservations privilege to
conduct games on eight (8) ballfields for its youth/parent baseball league. The
license hereby granted is not exclusive, but grants to YMCA the right to extended
reservation periods not normally available to the general public, providing
participation is open to all City residents meeting YMCA registration
requirements.
2. The fields are Lake Wichita Park 1, 2, 5, and 6; and University Kiwanis Park 1, 2,
3 and 4. The license term is March 21, 2006 through August 9, 2006. Days
included at Kiwanis Park are Monday through Saturday with Sunday being
available for public reservation as detailed in Section #3. Days included in Lake
Wichita Park are Monday, Tuesday, Thursday, and Friday with Wednesday,
Saturday, and Sunday being available for public reservation as detailed in
Section #3.
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3. Any individual whether in the YMCA organization or not may make practice game
reservations on the fields in Kiwanis Park and Lake Wichita Park on days not
reserved above in Section #2 in the City Recreation office. The City shall charge
and retain the same lighting fee ($15 per hour an a halfl as for other City lighted
practice fields.
Any individual whether in the YMCA organization or not may make tournament
reservations two weeks in advance of the event on the fields in Lake Wichita
Park on the days not reserved above in Section #2 in the Recreation office. The
City shall charge and retain the same lighting fee as above stated.
4. The City agrees to provide the following maintenance tasks on all fields.
a. Mow and edge turf in the outfields and buffer areas.
b. Irrigate turf where systems exist and repair such systems.
c. Repair and maintain structures including fences, bleachers, lighting,
roads, parking lots, and buildings.
5. The YMCA shall be responsible for the payment of 65% of electricity costs to
serve the fields during the term of this license. It is estimated that 35% percent
of the field lighting will be used by non-YMCA teams, the cost for which shall be
paid by the City.
Recognizing the economic desirability to disconnect the electrical meters serving
the ball fields herein stated, at the end of the term of this license the YMCA shall
notify the City when their last game will occur. The City will immediately request
from the retail electrical provider a disconnection of the meters. The YMCA
invoice for payment will be based upon all the bills received from the retail
electrical provider less the above stated percentage.
6. The following maintenance activities may be perFormed at the sole option and
expense of the YMCA:
a. Hand labor associated with infield maintenance including dragging, repair
of pitchers mound and depressions by bases and home plate, collar
buildup removal, replacement of infield dirt, and watering around bases
and pitcher's mound.
b. Cut and line the fields with marble dust.
c. Placement and removal of portable restrooms.
d. Maintenance of the University Kiwanis Park ballfield restroom.
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7. The YMCA will pick up litter after games, place it in plastic liners, and deposit it in
City provided litter receptacles.
8. In order to ensure effective communication, and upon request, the YMCA agrees
to provide to the City league schedules prior to the beginning of the season.
Inclement weather schedules shall be provided to the City and the park
concessionaires.
9. The YMCA shall be permitted to drive vehicles upon areas of the park
designated by the Parks and Recreation staff to perform ballfield maintenance,
unless damage to turF will result. Driving upon the park for supervision purposes
is not permitted.
10. City agrees to permit YMCA to store their property during the term of this
contract in the metal shed located at Lake Wichita Park, and minor storage in the
University Kiwanis Park concession building. City shall not be responsible for
any loss or damage to such property while stored.
11. This agreement is binding on the City to the extent sufficient funds are budgeted
by the City Council to maintain regular park maintenance operations, and the
City not need any of the herein described fields for a public use other than ball
fields.
12. The parties hereto agree and understand that intensive use of the eight (8) ball
fields may create vehicular traffic demands that exceed the available parking
spaces near the facilities. The YMCA therefore agrees to communicate to its
members the limitations of parking, and make reasonable effort to reduce the
problem.
13. The parties agree and understand that on certain dates large special events may
occur in Lake Wichita Park that require all available parking spaces. YMCA
therefore agrees that it will not schedule games to be played on these dates in
order to eliminate traffic congestion. City agrees that it shall provide the dates of
any other special events when such dates are known.
14. The YMCA agrees to hold the City, its agents, officers and employees, harmless
from any and all claims, suits, loss or damage, or injury to persons or property of
any kind whatsoever growing out of or in any way connected with the activities of
the YMCA performed under this agreement.
15. Any investment made by the YMCA to the ball fields described herein and/or to
accompanying facilities shall be submitted and approved in writing by the
Director of Park and Recreation in advance. Approval will not be unreasonably
withheld.
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16. This agreement shall be interpreted, and the rights of the parties determined in
accordance with the laws of the State of Texas, and exclusive venue for any
legal proceedings shall be in Wichita County, Texas.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be
executed by their duly authorized officers on this the � day of ��� ,
2006.
City of Wichita Falls
By:
Darron Leiker, ity Manager
ATTEST:
i y Clerk
Young Men's Christian Association
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By:
Chairperson, B ard of Directors