Res 059-92 4/7/1992RESOLUTION NO _)
A RESOLUTION FROM THE CITY COUNCIL TO THE CITY
OF WICHITA FALLS AUTHORIZING THE CITY MANAGER TO
EXECUTE CONTRACT WITH Y.W.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.W.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 .
MAYOR
ATTEST:
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 Women ' s Christian Association,
hereinafter called "YWCA" .
WITNESSETH:
WHEREAS, the YWCA requests extended reservation privilege of
certain balifields owned by the City for its spring/summer
girl ' s fast pitch softball league; and,
WHEREAS, the City and the YWCA recognize that the City
currently provides a standard level of maintenance for its
fields; and ,
WHEREAS, the YWCA 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 YWCA; and ,
WHEREAS, it is the desire of the City to assist the YWCA by
temporarily assuming responsibility for the administration of the
extra levels of maintenance, giving the YWCA 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 YWCA do hereby agree as follows:
1 . City hereby grants to YWCA a license to utilize four
4) balifields located in Jaycee Park to conduct its girls fast
pitch softball program. These fields are Jaycee 3, 4, 10, and
11 . The license term is April 27, 1992, through August 8, 1992
and the same approximate dates through 1996. The license hereby
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granted is not exclusive, but grants to YWCA the right to
extended reservation periods not normally available to the
general public , providing participation is open to all City
residents meeting the YWCA registration requirements.
2. The City agrees to provide the following extra
maintenance tasks:
a. Mechanically drag the ballfield infield twice each
week : Two fields Monday and Thursday, and two 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 YWCA agrees to pay the City a lump sum of:
a. $1 ,500. (Fifteen Hundred Dollars ) on May 15, 1992
b . $2,000. ( Two Thousand Dollars) on May 15, 1993
c . $2,500. (Twenty-five Thousand Dollars) on May 15,
1994
d . $3,000. (Three Thousand Dollars ) on May 15, 1995
e. $3,500. (Thirty-five 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 YWCA:
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
system.
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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 YWCA 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 YWCA to store their property
during the term of this contract in the metal shed located at
Jaycee Park . 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.
8. The parties hereto agree and understand that intensive
use of the four (4) ballfields may create vehicular traffic
demands that exceed the available parking spaces near the
facilities. THe YWCA 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. YWCA
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 YWCA 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 required based on cost or operations needed to
fulfill the terms or conditions of this contract .
11 . The YWCA 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 YWCA 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 Women ' s Christian
Association
By :
Jamy Colby, President
Board of Directors