Res 013-2001 2/22/2001RESOLUTION NO. \ - Q-CI
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
LICENSE AGREEMENT WITH THE TEX MEX BASEBALL LEAGUE FOR
USE OF BALLFIELDS IN SPUDDER AND WILLIAMS PARKS in 2001;
FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS
RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW.
WHEREAS, the Tex Mex Baseball League wishes to conduct another spring and
summer adult baseball program at Spudder and Williams Parks; and
WHEREAS, the League feels extended reservation privilege is necessary for the
success of their program; and
WHEREAS, the League has conducted such activity with no significant problems
reported.
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 a license
agreement, a copy of which is attached hereto, with the Tex Mex Baseball League
giving the League extended reservation privilege from March 11 to October 28, 2001 on
Saturday and Sunday of the two ballfields in Spudder and Williams Parks.
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 20th day of February 2001.
ATTEST:
City Clerk
AYOR
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 Tex Mex Baseball
League, hereinafter called "League ".
WITNESSETH:
WHEREAS, the League requests extended reservation privilege of two ballfields
owned by the City to conduct its adult baseball league in 2001; and,
WHEREAS, the City and the League recognize that the City provides a minimum
level of maintenance for the ballfields the League wishes to use; and,
WHEREAS, the League wishes to provide its' participants a higher level of infield
maintenance, but believes it will have difficulty performing outfield and buffer area turf
mowing, turf and structure edging, and structure maintenance, and requests the City
perform such maintenance in 2001; and,
WHEREAS, it is the desire of the City to assist the League by temporarily
assuming responsibility for outfield and buffer area turf mowing, turf and structure
edging, and structure maintenance, giving the League 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 League do hereby
agree as follows:
1. City hereby grants to the League a license to utilize two baseball ballfields
located in Spudder and Williams Parks to conduct its adult baseball
league. The license term is March 11, 2001 through October 28, 2001.
The license hereby granted is not exclusive, but grants to League the right
to extended reservation periods not normally available to the general
public, providing participation is open to all City residents meeting League
registration requirements. Further, the City hereby grants to the League
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 turf in the outfields and buffer areas.
b. Irrigate turf where systems exist and repair such systems.
C. Repair and maintain structures including fences, bleachers,
lighting, roads, parking lots, and buildings.
3. The League agrees to reimburse the City the expense of the TXU
electrical bill. Payment will be made at end of season and prorated for
League use.
4. The following maintenance activities may be performed at the sole option
and expense of the League:
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 League 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 League 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 League to store their property during the term of this
contract in the minor storage in the Spudder and Williams Park
concession buildings. 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
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maintenance operations, and the City not need any of the herein
described fields for a public use other than ballfields.
g The parties hereto agree and understand that intensive use of the two
ballfields may create vehicular traffic demands that exceed the available
parking spaces near the facilities. The League therefore agrees to
communicate to its members the limitations of parking, and make
reasonable effort to reduce the problem.
10. The League 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 League
performed under this agreement.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be
executed by
their duly authorized officers on this l� day of
2001.
ATTEST:
ty Clerk
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