Res 018-2009 2/3/2009 . ,
RESOLUTION NO. �'�
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A
LICENSE AGREEMENT TO THE TEX MEX BASEBALL LEAGUE OF
WICHITA FALLS FOR EXTENDED RESERVATION PRIVILEGE TO USE
OF THE BALL FIELD IN SPUDDER PARK AND WILLIAMS PARK FOR
THEIR 2009 ADULT BASEBALL LEAGUE.; 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 of Wichita Falls wishes to conduct
another season of play on the ball field in Spudder and Williams Parks; and, and,
WHEREAS, the League has conducted their league in 2008 with no problems
reported; and;
WHEREAS, it is the desire of the City to provide recreational opportunities for its
citizens.
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 with the Tex Mex Baseball League of Wichita Falls granting extended
reservation privilege to the ball field in Spudder and Williams Parks to conduct their
daytime league games Friday, Saturday, and Sunday from April 5 through September
27, 2009.
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 3rd day of February 2009.
��
MAYOR
ATTEST:
�ty Clerk
LICENSE AGREEMENT
STATE OF TEXAS §
COUNTY OF WICHITA §
This license agreement 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 of Wichita Falls, hereinafter called "League".
WITNESSETH:
WHEREAS, the League requests extended reservation privilege of the ball field
in Spudder Park and in Williams Park owned by the City to conduct its adult baseball
league in 2009; and,
WHEREAS, the City and the League recognize that the City provides a minimum
level of maintenance for the ball fields 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 2009; and,
WHEREAS, it is the desire of the City to assist the League by temporarily
assuming responsibility for outfield and buffer area turt mowing, turt 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 ball fields
located in Spudder and Williams Parks to conduct its adult baseball
league games. The license term is April 5, 2009 through September 27,
2009. The days included are Friday, Saturday, and Sunday during daylight
hours. The license hereby granted is not exclusive, but grants to League
the right to extended reservation periods not normally available to the
. y
general public, providing participation is open to all City residents meeting
League registration requirements.
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 electrical bill
and City labor, supplies, and equipment, if lighting is used. 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, infield dirt replacement,
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. The League will remove litter after games, deposit it into plastic liners, and
place it into City provided litter receptacles.
6. In order to ensure effective communication, the League agrees to provide
to the City, if requested, league schedules prior to the beginning of the
season. Inclement weather schedules shall be provided to the City and
the park concessionaires.
7. 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.
8. City agrees to permit League to store their property during the term of this
license 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.
9. This agreement is binding on the City to the extent sufficient funds are
budgeted 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 ball fields.
10. The parties hereto agree and understand that intensive use of the two ball
fields 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.
11. 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 license agreement
to be executed by their duly authorized officers on this day of
, 2009.
City of Wichita Falls
By
Darron Leiker, City Manager
ATTEST:
City Clerk
Tex Mex Baseball League of Wichita Falls
By:
Chairperson