Res 005-2000 1/18/2000RESOLUTION NO.
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
LICENSE TO THE WICHITA FALLS YMCA FOR USE OF BALLFIELDS
IN KIWANIS AND JAYCEE PARKS; FINDING AND DETERMINING THAT
THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS
OPEN TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, the Wichita Falls YMCA has requested extended reservation
privilege for use of four ballfields in Kiwanis Park and seven ballfields in Jaycee Park for
their spring, youth baseball league; and
WHEREAS, the attached agreement is similar to past agreements whereby the
YMCA is primarily responsibility for the maintenance of the fields; and
WHEREAS, no unfavorable comments were received for their program last year.
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
license to the Wichita Falls YMCA for extended reservation privilege from March 1
through August 8, 2000.
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 18th day of January 2000.
ATTEST:
�A&L� h� W-L�
City Clerk
LICENSE
STATE OF TEXAS )(
COUNTY OF WICHITA )(
This license, 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 ball fields used for public programs; and,
WHEREAS, the YMCA believes it will have difficulty performing certain levels of
maintenance it wishes to provide its participants including outfield turf mowing and
edging and structure maintenance, and requests the City perform such maintenance in
2000; and,
WHEREAS, it is the desire of the City to assist the YMCA by temporarily
assuming responsibility for the administration of the above maintenance, giving the
YMCA time to acquire adequate equipment and training to perform such 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 eleven (11) 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, 3
and 4. The license term is March 1, 2000 through August 8, 2000. 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. Further, the City hereby grants to the YMCA
authority to issue practice ballfield reservations on these fields during the
term of the license. The same rules of reservation shall be followed as
used by the City or otherwise as approved.
2. The City agrees to provide the following maintenance tasks on all fields.
a. Mow and edge grass in the outfields and buffer areas.
b. Irrigate turf if legally permissible, where systems exist and repair
such.
C. Repair and maintain structures including fences, bleachers,
lighting, roads, parking lots, and buildings.
3. The YMCA agrees to reimburse the City the expense of the TXU electrical
bill. Payment will be made at end of season and prorated for YMCA use.
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
dragging, repair of pitchers mound and depressions by
bases and home plate, collar buildup removal, and watering
around bases and pitcher's mound.
b. Cut and line the fields with marble dust.
C. Placement and removal of bases, base anchors, pitchers
plates and home plates.
d. Placement and removal of portable restrooms.
5. In order to ensure effective communication, 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.
6. 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.
7. City agrees to permit YMCA to store their property during the term of this
license 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.
8. 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.
9 The parties hereto agree and understand that intensive use of the eleven
(11) 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.
10. The parties agree and understand that on certain dates, large special
events, e.g., Dallas Cowboy Kickoff Event, 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.
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.
IN WITNESS WHEREOF, the parties hereto have caused this license to be
executed by their duly authorized officers on this day of
.2000.
ATTEST:
City Clerk
City of Wichita Falls
James Berzina, City Manager
:
Young Men's Christian
Association
Board of Directors
, Chairperson