Res 128-2013 11/19/2013RESOLUTION NO. 128-2013
Resolution Authorizing City Staff To Execute Licenses For The
Smith Street Community Garden And Approving The Bylaws For
The Wichita Falls Community Garden Board
WHEREAS, the Smith Street Community Garden Committee has requested
authorization to establish a community garden on Smith Street; and
WHEREAS, the City Council finds that citizens should be permitted to license
plots of property in such community garden, pursuant to the terms of the attached
Wichita Falls Community Garden License Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1. City Staff is authorized to execute the attached Wichita Falls Community
Garden License Agreement, with changes and exhibits as approved by the City
Attorney, in the area depicted for said Garden in the attached Smith Street
Community Garden Location.
2. The attached Bylaws for the Wichita Falls Community Garden Board are
approved, subject to changes as are approved by the City Attorney and City Manager.
PASSED AND APPROVED this the 19th day of November, 2013.
M A Y O R
ATTEST:
City Clerk
WICHITA FALLS COMMUNITY GARDEN LICENSE AGREEMENT
The City of Wichita Falls (City) hereby grants a one-year license to the below-named Gardener to use
City-owned Garden Plot # _______ subject to Gardener’s agreement to obey all rules and regulations
concerning Community Garden Plots, as set by the Community Garden Operating Board (Operating
Board) and the City. Should Gardener fail to obey such rules, the City may terminate this license.
Gardener agrees to pay the fees set by the Operating Board for this license, and failure to pay such fees on
or before the due date shall result in termination of this agreement at its due date.
1. Gardener must attend a meeting regarding the use of the Community Garden at the beginning of
each season.
2. Gardening hours are 5:00 a.m. – 10:00 p.m. daily. Gardener understands that working in the
garden during periods of extreme heat may cause health issues. Gardener will not hold the
Operating Board or the City liable for heat-related injuries.
3. Gardener is responsible for the maintenance and upkeep of his Garden Plot. Watering, weeding,
harvesting and any other garden-related maintenance are all the responsibility of Gardener.
4. Only legal plants will be approved for planting. Only natural fertilizers, pesticides and fungicides
may be used in the Garden. Examples include: Compost and compost teas; biodegradable
detergents; seaweed meal or liquid; alfalfa meal; phosphate rock; blood meal; bone meal;
greensand; biodegradable soaps; Thuricide; vegetable oils; Epsom salt; and iron. Other products
may be approved by the Operating Board.
5. Gardener is responsible for keeping paths and Garden Plots free of trash, weeds, etc. Compost
piles will be marked and available for Gardeners.
6. No stealing is permitted. “Stealing” is defined as taking any item that does not belong to
Gardener or anyone associated with Gardener. Should the City determine that Gardener or
anyone present in Garden pursuant to Gardener’s authorization has stolen anything: vegetables,
tools, hose, plants or anything else, then the City may terminate Gardener’s rights pursuant to this
agreement.
7. Gardener must harvest crops once they are mature.
8. If Gardener desires to have someone work Gardener’s plot and/or pick Gardener’s vegetables in
his absence, Gardener must request approval of the Operating Board.
9. The Operating Board will inspect all plots monthly during the growing season. Gardeners not in
compliance with this License Agreement will be notified of such non-compliance, and Gardeners
shall take steps to remedy the problems. Failure to remedy the problem(s) within 14 days will
result in forfeiture of the Garden Plot.
10. Conflicts among Gardeners will be referred to the Operating Board for a ruling. The Operating
Board rulings shall be final.
11. Gardener agrees to abide by the City’s drought restriction ordinances, including all laws and
restrictions regarding the use of outdoor irrigation. Gardener acknowledges that City and
Operating Board will immediately terminate the use of City water for use on Garden plots should
the City enter into stage 4 drought restrictions. Gardener acknowledges that the City shall limit
the use of City-provided water for all community garden plots taken together to _____ units per
month. The City may turn off water for the remainder of the month after said units are consumed.
12. INDEMNITY. Further, Gardener agrees to protect, indemnify, and hold City, Operating Board and
their employees, agents, families, and assignees harmless from and against any and all claims of
loss, damages, liabilities, or other expense whatsoever, either directly or indirectly of or as a
result of Gardener’s actions and related incidental activities, including, but not limited to,
defending of any lawsuits caused by Gardener. The undersigned Gardener further agrees to
indemnify and hold harmless the City, Operating Board and their agents, employees, and
assignees, from any loss, liability, damages or cost of any nature whatever, including the
defending of any lawsuits filed by the Gardener and/or their guests or invitees, that the
undersigned Gardener or guests or invitees of the undersigned Gardener may incur as a result of
either directly or indirectly the gardening or the use of the property, or the traveling to or from the
Garden Plot, whether such is caused by the negligence of the City, Operating Board , or another
Gardener.
13. WAIVER & DISCHARGE. AS FURTHER CONSIDERATION OF BEING ALLOWED TO
GARDEN ON THE PROPERTIES, the undersigned Gardener hereby releases, waives,
discharges and covenants not to file suit against either the City, Operating Board, their
employees, assignees, or others for any and all losses, damages, injuries or other claims or
demands therefore, on account of injury to any person or property of the undersigned tenant, or
resulting in the death of the undersigned Gardener, directly, or indirectly, whether caused by the
negligence of the City, Operating Board, agents, families, employees, officers, directors,
designees and assignees.
14. ASSUMPTION OF RESPONSIBILITY. Notwithstanding anything contained herein to the contrary,
as consideration of the privilege of trapping and other activities stated herein, the undersigned
Gardener hereby ASSUMES FULL RESPONSIBILITY and RISK OF BODILY INJURY,
DEATH OR PROPERTY DAMAGE, whether or not caused by negligence of any of the parties
hereto.
15. VENUE. This agreement is signed as to be effective in Wichita County, Texas, and it is further
agreed that any suit, legal action, cause of action, claim, or other legal remedy shall be filed in
Wichita County, Texas, regardless of in which county the property is located.
16. NO WARRANTIES. There are no warranties, express or implied, not contained or referred to
herein, as to fitness of purpose of the property, and the success of the gardening is strictly at the
risk and responsibility of the Gardener, and there are no refunds or reimbursement for any
expenses incurred or funds paid.
17. RIGHT TO TERMINATION. Operating Board retains the right to cancel this agreement
immediately if Gardener has not complied strictly with the provisions of this agreement.
Additionally, City retains the right to terminate this license for any reason with 90 days’ notice to
Gardener.
18. By signing below, Gardener confirms that he understands all the rules and regulations
promulgated herein and agrees to abide by them.
Gardener Date
City of Wichita Falls
By: __________________________________
Coordinator Martin Luther King Center
Date
Please direct all community garden questions to the Martin Luther King Center at
761-7980. Questions and concerns will be forwarded to the members of the Operating
Board.
Smith Street Community Garden Location
Bylaws for Wichita Falls Community Garden Board
Mission Statement
The Wichita Falls Community Garden is developed to provide education, neighborhood pride,
beautification, a productive use of land and to nurture relationships.
Article I – Name and Purpose of The Garden
Section 1.00, Name — The organization described here is officially named "Wichita Falls Community
Garden." This name can be changed only by a vote of the majority of the Operating Board. For the
remainder of this document, Wichita Falls Community Garden will be known as The Garden.
Section 2.00, Purpose — The primary purpose of The Garden is to provide garden space to community
members who are interested in gardening.
The Garden’s secondary purpose is to benefit the community.
Article II – Membership
Section 1.00, Definition — The Board members will have a specific term of two years with a term limit of
three years. Members must be residents of the Garden neighborhood. The seven member organizing
Operating Board will decide upon staggered terms. One member of the board must be a plot holder in the
Garden.
Section 2.00, Termination of Membership -- Membership and plot privileges may be revoked by The
Operating Board for violation(s) of the membership agreement. The membership agreement and
enforcement procedures will be distributed at renewal and enrollment.
Section 3.00, Board Member Termination – A Board Members term will be terminated after 3
consecutive unexcused absences.
Article III – Governance
Section 1.00, Definition — The Wichita Falls Community Garden Operating Board, is responsible for
decisions regarding the membership and also current and future Garden activities. Board members
develop, interpret, and enforce the Garden agreement (a separate document).
The Board determines its meeting schedule and method. Meeting times and changes in the meeting
schedule are decided by majority vote.
Section 2.00, Voting Rules — Votes may be taken at Board meetings only in the presence of a quorum.
A quorum is defined as at least 50 percent of the current Board membership. Only Board members may
vote on proposed motions. Proposals put before The Board must be accepted by a majority of those
attending to pass. Decisions to remove a Board Member or amend the Bylaws require a majority vote of
current Board members in favor to pass. All Board Members must be notified before any action to vote on
rule changes, Bylaw changes, or Board member expulsions. Board Members are to receive notification
ten days prior to all scheduled meetings.
Section 3.00, Committee Responsibilities — The Board is responsible for developing, interpreting, and
enforcing the Garden agreement (a separate document). It is the obligation of The Board to review The
Garden agreement together with the Bylaws on a regular basis, to be certain that both documents are
fair, consistent, and up-to-date.
A Board member is not an officer as in a traditional board of directors. However, a member may hold the
position of Coordinator, which mimics the position of officer in that a Coordinator is responsible for a
particular function in The Garden organization.
Additionally The Board is responsible for:
Developing long-range plans for the continuation and improvement of The Garden and The Garden
organization. The Board may implement these plans when feasible.
Planning and arranging any Garden sponsored activities intended for the benefit and enjoyment of
its membership and the surrounding community.
Defining positions of responsibility, called Coordinators, and recruiting Members to fulfill these
responsibilities.
Amending the Bylaws, if necessary.
Board members meet on a regular basis (Article III, Section 1.00) to discuss problems in The Garden and
find solutions to these problems.
Article IV — Records
Section 1.00, Definition — Official records of The Garden include the bylaws (this document) as
currently amended, current Garden member agreements as approved by The Board, legal agreements,
policy and action documents approved by The Board, financial statements, and minutes of Board
meetings.
Section 1.01, Other Documents — All other documents related to the operation of The Garden,
including but not limited to bank statements, receipts, correspondence, and drafts are not automatically
available to all members, but may be made so generally or on a case-by-case basis by a vote of The
Board.
Section 2.00, Availability — Official records of The Garden shall be made available for inspection by
any Garden member upon request.
Section 3.00, Data Privacy — Names, contact information, payment information, and other personal
data necessary for the collection of plot fees and the operation of The Garden shall not be distributed to
any outside organization nor to Garden Members outside of The Board. Contact and other personal
information shall be distributed internally to Board members on a “need to know” basis.
Section 4.00, Security— The Board may establish procedures to ensure that all records and documents
of The Garden are secure from loss.
Article V — Financial Administration
Section 1.00, Fiscal Year — The fiscal year of The Garden shall be January 1 through December 31.
Section 2.00, Financial Records —The Board may establish written policies concerning the manner in
which payments are made and/or how financial records are kept. The Board may establish procedures to
ensure that financial records are secure from loss.
Section 3.00, Accounts — All outside financial accounts opened on behalf of The Garden shall have at
least two Board members as registered signatories.
Article VI — Dissolution
Section 1.00, Disbursal of Records and Assets — If the Wichita Falls Community Garden should be
dissolved, its property, funds, and other assets shall be transferred to the City of Wichita Falls.
Gardener cooperation is very
important to the success of a Community Garden program. As a community gardener, you must adhere to all
Garden Rules. Please read and sign the Membership Agreement prior to completing this application.
Payment is due with the return of this application.
Application may be mailed or hand delivered to
Martin Luther King Center 1100 Smith Wichita Falls TX. 76301
Applications will not be accepted without plot fees. Plots are awarded on a first come first served basis.
NAME
MAILING ADDRESS:
EMAIL ADDRESS:
TELEPHONE: Emergency Contact Name and Phone Number:
Gardeners that want to reserve plots from previous seasons must pay 30 days prior to the beginning
of the upcoming season.
Individuals : 8x8plot - $25/yearly___ 8x8plot - $20/seasonal____
Citizens 60& above: 8x8plot - $20/yearly___ 8x8plot - $15/seasonal___
Due to my physical disability I need a raised plot___
If available, I would like plot #____
Your age: (check)
18-30 _____ 30-40 _____ 40-50 _____ 50-60 _____ 70-80 _____ over 80 _____
Are you an experienced gardener? Yes___ No___
How did you hear about the garden?
Community Garden Committee Use only:
Date Payment received: Garden Plot Number: