Res 043-2005 3/15/2005RESOLUTION No 43 - d WJ
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
LICENSE AGREEMENT WITH THE TEX MEX BASEBALL LEAGUE OF
WICHITA FALLS FOR EXTENDED RESERVATION PRIVILEGE TO USE
BALLFIELDS IN SPUDDER AND WILLIAMS PARKS FOR THEIR 2005
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 baseball field in Spudder and Williams Parks; and
WHEREAS, the League has conducted their league last year 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
S ECTION 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 baseball field in Spudder and Williams Parks during their
league from April 1 to September 26, 2005.
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 15 day of March, 2005.
MAYOR PRO TEM
ATTEST.
Qty 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 Max
Baseball League of Wichita Falls, hereinafter called "League ".
WITNESSETH:
WHEREAS, the League requests extended reservation privilege of the ballfield in
Spudder Park and in Williams Park owned by the City to conduct its adult baseball
league in 2005: and
WHEREAS, the City and the League recognize that the City provides a minimum
level of maintenance for the ballfelds 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 2005; 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 Scudder and Williams Parks to conduct its adult baseball
league games. The license term is April 1, 2005 through September 26,
2005. 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
general public, providing participation is open to all City residents meeting
League registration requirements.
2. The City agrees to provide the fallowing maintenance tasks on all fieltls.
a. Mow and edge tuff in the ouffields 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 Oncor
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 did
replacement, and watering around bases and pitcher's
mound
L, 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.
e. Removal of litter after games, deposition into plastic liners, and
placement into park litter receptacles.
5. 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.
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 tuff will result Driving upon the park for
supervision purposes is not permittetl.
Z 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.
8. 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 ballhelds.
9 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 underthis agreement.
IN WITNESS WHEREOF, the parties hereto have caused this license agreement
be executed by their duly authorized officers on this _. day of
2005.
City of Wichita Falls
ATTEST. By
James Berzina, City Manager
City Clerk
Tex Max Baseball League of Wichita Falls
By
Chairperson