Res 073-2008 5/20/2008 � ,
RESOLUTION NO. �I �J�
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A
LICENSE AGREEMENT WITH THE FAITH BAPTIST CHURCH FOR
EXTENDED RESERVATION PRIVILEGE IN 2008 TO USE OF TWO
SOCCER/FOOTBALL FIELDS IN LAKE WICHITA PARK FOR THEIR
YOUTH FLAG FOOTBALL LEAGUE; FINDING AND DETERMINING
THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED
WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, the Faith Baptist Church has requested extended reservation
privilege for a youth flag football league on two soccer/football fields in Lake Wichita
. Park from September 13 through November 1, 2008; and
WHEREAS, it has been determined it is not a desire or need for the City to offer
a public youth flag football league; and
WHEREAS, the Church has agreed to follow similar terms and conditions of this
license as the license the City has with the Tex Mex Baseball League and the YMCA.
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 agreement with the Faith Baptist Church granting extended reservation privilege
to finro soccer/football fields in Lake Wichita Park September 13 through November 1 on
Saturday mornings for the purpose of conducting a youth flag football league..
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 May 2008.
MAYOR
ATTEST:
�
�
ity Clerk
, ti
LICENSE AGREEMENT
STATE OF TEXAS §
COUNTY OF WICHITA §
This license agreement made and entered into by and befinreen the City of
Wichita Falls, Texas, a municipal corporation, hereinafter called "City," and the Faith
Baptist Church, hereinafter called "Church".
WITNESSETH:
WHEREAS, the Church requests extended reservation privilege of finro
soccer/football fields in Lake Wichita Park owned by the City to conduct a youth flag
football league in 2008; and,
WHEREAS, the City and the Church recognize that the City provides a minimum
level of maintenance for the ball fields the Church wishes to use; and,
WHEREAS, the Church 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 2008; and,
WHEREAS, it is the desire of the City to assist the Church by temporarily
assuming responsibility for outfield and buffer area turf mowing, turf and structure
edging, and structure maintenance, giving the Church 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 Church do hereby
agree as follows:
1. City hereby grants to the Church a license to utilize two soccer/football
ball fields located in Lake Wichita Park to conduct its youth flag football
league games. The license term is September 13, 2008 through
November 1, 2008. The time is Saturday mornings. The license hereby
granted is not exclusive, but grants to Church the right to extended
reservation periods not normally available to the general public, providing
participation is open to all City residents meeting church registration
requirements.
2. The City agrees to provide the following maintenance tasks on all fields.
a. Mow and edge turf in the fields and buffer areas.
b. Irrigate turF where systems exist and repair such systems.
c. Repair and maintain structures including fences, roads, and parking
lots.
3. The following maintenance activities may be performed at the sole option
and expense of the Church:
a. Hand labor associated with field maintenance including mowing and
field dirt replacement.
b. Cut and line the fields with marble dust.
c. Placement of portable football goals and removal after games.
d. Placement and removal of portable restrooms at site approved by City.
e. Placement of a portable, maintenance equipment storage structure
upon City approval and removal after license termination. The City
will not be responsible for any loss or damage to structure or contents.
4. The Church will remove litter after games, deposit it into plastic liners, and
place it into City provided litter receptacles.
5. In order to ensure effective communication, the Church 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, if desired by City.
6. The Church 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. 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.
♦ 1
8. The parties hereto agree and understand that intensive use of the finro ball
fields may create vehicular traffic demands that exceed the available
parking spaces near the facilities. The Church therefore agrees to
communicate to its members the limitations of parking, and make
reasonable effort to reduce the problem.
9. The Church 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 Church 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
, 2008.
City of Wichita Falls
By
Darron Leiker, City Manager
Approval As To Form:
Bill Sullivan, City Attorney
Faith Baptist Church
ATTEST:
By:
Chairperson
City Clerk