Res 058-92 4/7/1992RESOLUTION NO =:)a 'U
A RESOLUTION FROM THE CITY COUNCIL TO THE CITY
OF WICHITA FALLS AUTHORIZING THE CITY MANAGER TO
EXECUTE CONTRACT WITH Y.M.C.A. FOR THE USE OF
CERTAIN BALLFIELDS AND MAINTENANCE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS THAT:
SECTION 1 . The City Manager be and is hereby
authorized to execute a contract with the Y.M.C.A. for the
use of certain ballfields and maintenance thereof in
accordance with the terms and conditions of said contract
attached hereto and incorporated herein for all purposes.
SECTION 2 . It is hereby found and determined that the
meeting at which this resolution was passed is open to the
public as required by law.
PASSED AND APPROVED this 7th day of April, 1992.
M A Y O R/
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ATTEST:
jtt'l YL C; 1 ZL'l$
City Clerk
CONTRACT
STATE OF TEXAS
COUNTY OF WICHITA ) (
This contract , 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 extended reservation privilege of
certain ballfields owned by the City for its spring/summer
youth/parent baseball league; and ,
WHEREAS, the City and the YMCA recognize that the City
currently provides a standard level of maintenance for its
fields; and ,
WHEREAS, the YMCA believes it will initially have difficulty
performing certain extra levels of maintenance it wishes to
provide its participants including mechanical dragging of
infields and line cutting , and requests the City perform such
extra maintenance and be reimbursed by the YMCA; and ,
WHEREAS, it is the desire of the City to assist the YMCA by
temporarily assuming responsibility for the administration of the
extra levels of maintenance, giving the YMCA time to acquire
adequate equipment and training to perform these tasks for their
program.
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 utilize ten
10) ballfields located in Jaycee and Kiwanis Parks to conduct
its youth/parent baseball program. These fields are Jaycee 1 , 2,
5, 6, 7, 8, 9; and Kiwanis 1 , 2, and 3. The license term is
April 27, 1992, through August 8, 1992 and the same approximate
w
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dates through 1996. 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 City agrees to provide the following extra
maintenance tasks:
a. Mechanically drag the ballfield infield twice each
week : Five fields Monday and Thursday, and five fields Tuesday
and Friday. This includes special efforts after rain. This
service does not include the normal hand labor associated with
infield maintenance. See 4.a.
b . Cut field lines at the end of April , 1992, and the
same approximate dates through 1996.
c . Provide used home plates and pitching rubbers as
available and put anchors and stakes in ground at beginning of
each season.
3. The YMCA agrees to pay the City a lump sum of:
a. $4 ,000. (Four Thousand Dollars) on May 15, 1992
b . $5,000. (Five Thousand Dollars) on May 15, 1993Y
c . $6,000. (Six Thousand Dollars) on May 15, 1994
d . $7,000. (Seven Thousand Dollars) on May 15, 1995
e. $8, 000. (Eight Thousand Dollars) on May 15, 1996
The above payments are estimated and intended to cover
the expense to the City for labor , equipment , and ballfield
lighting .
4. The following maintenance activities may be performed
at the sole option and expense of the YMCA:
a. Hand labor associated with infield maintenance
including repair of pitchers mound and depressions
by bases and home plate, collar buildup removal ,
and watering around bases and pitcher ' s mound .
The City of Wichita Falls will water all grass
areas that currently have automatic irrigation
systems.
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b . Lining the fields with dust . Marble dust may be
jointly purchased to afford quantity savings.
c . Placement and removal of bases.
d . Placement and removal of portable restrooms.
5. 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 .
6. City agrees to permit YMCA to store their property
during the term of this contract in the metal shed located at
Jaycee Park , and minor storage in the Kiwanis Park concession
building . City shall not be responsible for any loss or damage
to such property while stored .
7. This agreement is binding on the City to the extent
sufficient funds are budgeted annually 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 ballfields.
B. The parties hereto agree and understand that intensive
use of the ten ( 10) ballfields 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.
9. The parties agree and understand that on certain dates,
large special events, (e.g . Fourth of July Fireworks Show, ) occur
in Jaycee 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.
10. Representatives of the YMCA and the City of Wichita
Falls will , if necessary, meet at the conclusion of each contract
season or before October 1 to discuss any adjustment or changes
that may be desired based on cost or operations needed to fulfill
the terms or conditions of this contract .
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11 . The YMCA agrees to hold the City 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 .
12. Term of this license is five (5) years and will expire
August 15, 1996.
IN WITNESS WHEREOF, the parties hereto have caused this
contract to be executed by their duly authorized officers on this
day of 1992.
City of Wichita Falls
By:
James Berzina, City Manager
ATTEST:
City Clerk
Young Men ' s Christian
Association
By:
Harold Bristol , Chairman
Board of Directors