Res 1620 2/4/1975II g
RESOLUTION NO. / ,-g
RESOLUTION APPROVING GOLF PROFESSIONAL
CONTRACT WITH J. F. (FRANK) STAGNER.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
That certain contract, a copy of which is attached hereto,
between the City of Wichita Falls and J. F. (Frank) Stagner, whereby
the City employs Stagner as golf professional at the Weeks Park Golf
Course for a period of three years , is hereby approved, and the Mayor
is authorized to execute the same for the City of Wichita Falls.
PASSED AND APPROVED this the 4th day of February, 1975.
I
M A-7 S R ' 72 '1
ATTEST:
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CITY CLERK
THE STATE OF TEXAS
COUNTY OF WICHITA
THIS AGREEMENT made and entered into this the 1st day of
February, 1975, by and between the City of Wichita Falls , Texas here-
inafter called "City" , and J . F. (Frank) Stagner, hereinafter called
Professional"
W I T N E S S E T H :
For and in consideration of the mutual covenants hereinafter
contained , the parties hereto do hereby agree as follows :
1 . City does hereby employ J. F. ( Frank) Stagner as the golf
professional at the Weeks Park Golf Course, and does hereby lease to him
the golf pro shop, the grill and snack bar, and locker rooms located
in the Weeks Park Golf Clubhouse, for a period of three years , commencing
February 1 , 1975, and thereafter on a month to month basis .
2. The Professional shall be considered a regular City employee,
and his salary shall be in the Open Range, at a salary of $350.00 per month
for the term of this contract. All other employees for the operation within
the clubhouse, including sales and service personnel and janitorial help
will be paid by the professional and will not be employees of the City.
3. The Professional shall be in charge of and responsible for
the maintenance and operation of the Weeks Park Golf Course. He shall also
be in charge of and responsible for the operation of the golf pro shop, the
grill and snack .bar, the locker rooms , and all walks , drives , and patios
around the golf course clubhouse. He shall perform all duties Gild
responsibilities as are required of him by the laws of the State of Texas
and the ordinances of the City, and the directions of the City Manager
and the Director of Parks and Recreation.
4. The Professional shall collect for the City all green
fees for play on the Weeks Park Golf Course. All green fees collected will •
be kept in a cash register provided therefor, and no other money will be
kept in such register. He shall keep an accurate account of all green fees
collected, and shall deposit all green fees with the Finance Department
of the City at such intervals as are required by the Finance Department.
All signed tickets will accompany the cash receipts .
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5. The Professional shall have the right to give or cause
to be given golf lessons at his own expense, and all revenue received
therefrom shall be the property of the Professional .
6. All revenue received by the Professional from sales of
merchandise in the pro shop shall be the property of the Professional ,
and the City shall not receive any percentage thereof.
7. The Professional will be in charge of the rental of caddy
pull) carts and golf carts. The Professional may either own the carts
or sublet the operation of carts , but he will be held responsible for
the records, receipts and supervision of the use of carts on the course.
Any sub-leasee must be approved by the City, and any sub -lease may be
terminated for cause. at any time without liability. On the rental of
caddy (pull ) carts , City will receive twenty percent (20%) of each
rental or ten cents (10?;) whichever is greater per eighteen (18) holes.
On golf cart rentals , City will receive sixteen and two-thirds percent
16 2/3%) of each cart rental , or One Dollar ($1 .00) whichever is greater
for each eighteen (18) holes. Adequate daily records and register will
be kept on each cart rental .
8. Any private golf cart used on the course will conform to
Park Department requirements as to tire size and type, horsepower,
gear ratio, speed and muffler. The use of private carts on the course
will be charged at one..-third the regular cart rate or Two Dollars ($2.00) ,
of which the City will receive One Dollar ($1 .00) and the Professional
One Dollar ($1 .00) .
9. The Professional shall pay to the City a suns equal to
ten percent (10%) of the gross sales in the grill and snack bar, which
includes all sales of food, drink, confection and other items within
the realm of grill operation, including vending machine items . A daily
cash register tape will be available to the City Finance Department: each
month to determine the percentage due the City. Such payment for each
month shall be due on or before the tenth ( 10th) day of the following month.
The operation of the grill and snack bar may be sublet, but the Professional
will be held responsible for this operation, as to quality, volume, and
general public service. Any sub-lessee must be approved in writing by
the City, and any sub-lease may be terminated for cause at any time
without liability against either the Professional or the City.
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10. The Professional shall keep accurate and correct books
on the operation of his business , and such books shall be open rpe fo,
inspection by the City or any person designated by him. \ bookkeeping
system will be provided by the Finance Department and shall be under
their control , which procedures will be instituted by and through the
Director of Parks and Recreation.
11 . The City wi I 1 furnish janitorial supplies such as wax,
mops , brooms and cleanser, for use in the golf clubhouse.
12. Golf club storage service shall be optional with the
Professional . He may, at his own expense, conduct golf club storage
in the storeroom provided. The City will receive no revenue from this
operation.
13. No monthly nor annual lockers will be provided. However,
a coin operated type will be provided by the City for the convenience
of the golfing public; these lockers will be of the type to hold
clothes and valuables but not of sufficient size to hold a set of golf
clubs. The City shall receive all proceeds from this operation.
14. It is agreed that the Professional will take good care
of the personal property and real property hereby leased to him, and
he will deliver the property back to the City at the expiration or
other termination of this lease in the same condition as sariesari was
received, natural wear and tear excepted.
15. The Professional will make no alterations in tni
building hereby leased without the written consent of the City Manager
or the Director of Parks and Recreation.
16. It is understood and agreed that the City Manager may at
any time cancel this contract because of violations of laws , ordinances ,
or rules, regulations or directions concerning the operation of the
golf course and clubhouse by the Professional , or for any other conduct
which would constitute cause for the discharge of the Professional as
a City employee; in the event of such cancellation, the City shall have
the right, without further notice or demand, to re-enter and take possession
of all the property herein leased and remove all persons therefrom without
being liable for any claim for damages by reason of such cancellation
and resumption of possession. In the event said contract is so cancelled
during the three year primary term thereof, the City shall guarantee the
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sale of, or at its option may purchase from the Professional , any
usable equipment and me.oc ;dise that he might have and use in his
operation under this contract (except for golf equipment) which he snows
as being fully paid for at the cost price of same, less depreciation.
17. The Professional shall hold the City of Wichita Falls
harmless from any damages for injury to persons or property damage caused
by or arising out of the Professional 's operation of the golf course
clubhouse, and he agrees to carry public liability insurance upon
said premises , covering l !' himself and the City, i n the amounts and
upon the conditions as the flity Manager may require.
18. It is understood and agreed that this contract is a
personal contract, and that the same shall terminate upon the death
of the Professional , oo his inability to perform the duties required
hereunder. In the event `this occurs during the three year primary
term hereof, the City hnIl purchase or guarantee the sale of any
usable equipment or merchandisedise as set out in Paragraph 1 .ri above.
IN WITNESS WhEPEOr , the parties hereto have caused this
Agreement to be signed as of the day and year first written above.
THE CITY OF WICHIIA FALLS
By
Mayor --- ---------
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
J. F. (Frank) Stac,,ner
Professional