Res 012-2001 2/20/2001RESOLUTION NO. I a, - J0 I
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
LICENSE AGREEMENT WITH THE WICHITA FALLS YMCA FOR USE
OF ELEVEN BALLFIELDS IN KIWANIS AND JAYCEE PARKS FOR
2001; 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 eleven ballfields in Kiwanis and Jaycee Parks for 2001, and
WHEREAS, the YMCA feels extended reservation privilege is necessary for the
success of their program; and
WHEREAS, no significant problems were reported 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 authorizing to execute a license
agreement, a copy of which is attached hereto, with the Wichita Falls YMCA for use of
eleven ballfields in Kiwanis and Jaycee Parks for 2001.
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
A'1� 4'0�j
MAYOR
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 eleven
ballfields owned by the City to conduct its spring /summer youth /parent baseball league;
and,
WHEREAS, the City and the YMCA recognize that the City provides a minimum
level of maintenance for the ballfields the YMCA wishes to use; and,
WHEREAS, the YMCA 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 YMCA by temporarily
assuming responsibility for outfield and buffer area turf mowing, turf and structure
edging, and structure 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) practice
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, 2001 through August 8, 2001.
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 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 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
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.
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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.
g 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, may 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 contract to be
executed by their duly authorized officers on this day of
2001.
ATTEST:
�Ub
City Clerk
3
Wichita F
na, City
Young Men's Christian
Association
Board of Directors