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Ordinance 1994-02 ORDINANCE NO. ?r/-eJ- AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE 93-9 CONCERNING THE POLICY FOR USE OF THE ATHLETIC FIELDS AT WYLIE COMMUNITY PARK, BY ADOPTING A NEW POLICY; PROVIDING FOR PARKS AND RECREATION DIRECTOR TO ADMINISTER SAID POLICIES; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A PENALTY CLAUSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, City has heretofore adopted and had in place certain policies for use of athletic fields in Community Park, the current policy being adopted by Ordinance 93-9 passed by the City Council on the 9th day of February, 1993; and, WHEREAS, the Parks and Recreation Board has recommended to the City Council certain changes to such policy; and, WHEREAS, the City Council has determined that such policy changes should be made as the same promote fair and effective use and allocation of the park facilities and generally further the welfare of the City; and, WHEREAS, such changes are contained in a single document, as attached hereto as exhibit A, which will be in place of the previously existing policies, as contained in the aforesaid Ordinance 93-9; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I That the Athletic Field Policy for Wylie Community Park be, and they hereby is, set and established as that which is set forth in Exhibit A, which is attached hereto and fully incorporated herein by reference. 1 SECTION II That the Policy, as so adopted, are by the terms thereof guidelines for the use and operation of the Community Park facilities, and as such the terms and provision are necessarily subject to same variance and deviation. Provided however, that any such variance shall be allowed only on the written approval of the Director of Parks and Recreation, and such written approval shall be effective if, and only if, all of the following conditions have been satisfied: a) The effect or result of the requested variance will not result in allowing any actions or activities which are in conflict with the spirit and intent of the general purpose of the policy; and b) There is not sufficient time to bring the issue before the Parks Board and City Council for approval; and c) The variation is approved by the City Manager, SECTION III Any person violating the provisions of this ordinance, or any part hereof, commits an unlawful act and shall be subject to the general penalty provisions of the Wylie City Code as set forth in Section 1-1.06 thereof, as the same now exists or is hereafter amended. SECTION IV Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION V This ordinance shall be in full force and effect from and after its adoption by the City Co~ncil and publication of its caption as the law and the City Charter provide in such cases. SECTION VI That all other ordinances and code provisions in conflict herewith, specifically including without limitation Ordinance 93-9, which is repealed in its entirety, are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not 2 in conflict herewith shall remain in full force and effect. SECTION VII The repeal of any ordinance, of parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 25th day of January, 1994. ATIEST: 1[(~'4~ Mary Nichols City Secretary 3 ~ i ~ ~t'__ ~ ~ ~1. ? I i ~ ~ . ~ ~ V ~ s v~ CITY OF WYUE ATHLETIC FIELDS POLICY - COMMUNITY PARK AS ADOPTED BY ORDINANCE 93-9 EXHIBIT "A" This policy is to be administered by the City of Wylie Parks and Recreation Department in regard to the use of outdoor public recreation areas for athletic activities. The purpose of this policy is to serve as a guide for the comprehensive and effective usage of outdoor athletic areas owned, leased, scheduled or otherwise controlled by the City of Wylie Parks and Recreation Department. It is the intent of this policy to provide a basis for establishing the following objectives: 1) A method of communicating the available inventory of allocatable athletic facilities to qualified requestors for usage of such facilities. 2) The implementation of a system of facilities allocation producing results most beneficial to those persons who live in the Wylie lndependent SchooJ District (W. l. S. D.1. 3) The Ath/etic Field Policy is by the terms a guideline for the use and operation of the Community Park facilities, and as such the terms and provisions are necessarilysubject to same variance and deviation. Provided however, that any such variance sha// be a/lowed on/y on the written approva/ of the Superintendent of Parks and Recreation, and such written approval shall be effective if a// of the fol%wing conditions have been satisfied: a) The effect or result of the requested variance will not result in allowing any actions or activities which are in conflict with the spirit and intent of the genera/ purpose of the policy; and 6J There is not sufficient time to bring the issue before the Parks Board and City Council for approval; and cJ The variation is approved by the City Manager. 1 SPORTS SEASONS SEASON SPORT Spring Soccer - February 1 through 4th weekend in April Spring/Summer Baseball/Softball - March 1 through July 31. Fail Soccer - September 1 through 3rd weekend in November Baseball/Softball - August 1 through 3rd weekend in November Foo ball - 2nd weekend in September the last weekend in November Winter None ATHLETIC FIELD ALLOCATION Organizations or groups requiring facilities for practice and or league games will submit their request in writing to the City of Wylie Parks and Recreation Department not earlier than 60 days nor later than 30 days prior to the beginning of the Sports Season. Any request less than 30 days before the beginning of the Sports Season, will be accommodated if all others who met the 60/30 day requirement field needs have been met and fields are still avai/able for p/ay. The request should address the following: 1) Organization/Group Name 2? Starting and ending dates for practice and league play 3) Participation estimates 4) Estimate of number of teams 5) Estimate of the number of practices and games to be played on a weekly basis by each team in the league Field allocations will be based upon total game units per week as per available facilities in order to maximize use of all facilities. The City of Wylie Parks an Recreation Department will respond to each request with a written approval, denial or a statement of conditions to be met upon acceptance of approval. Final registration 2 estimates and current participant registration figures must be submitted by each approved organizationJgroup two (21 calendar weeks after the start of the specific sport season. If actual registration numbers are more/less than the estimated registration numbers, the City of Wylie Parks and Recreation Department may increase/decrease the organizations/groups field allocations in order to insure an equitable allocation of fields to all organizations/groups. ATHLETIC FIELD RESERVATIONS Athletic fields will be reserved as equitably as possible to accommodate as many organizations/groups as possible. Youth who live in the W.I.S.D. will be given first priority on fie/d scheduling in all sports. Youth wi//have priority over softball/baseba/l fie/ds March 1- July 31 on Monday, Tuesday, Thursday, Friday and Saturdays. Adult teams with at least 70% of the p/ayers living in the W.I.S.D. wi// be given second priority. Adults will have priority over softball/baseball fie/ds March 1- July 31 and August 1- 3rd weekend in November on Wednesdays and Sundays. Youth and/or Adult who live outside of the W.I.S.D. will be given last priority. The use of athletic fields by the general public during non-reserved/non-City maintenance times are on a first come, first serve basis. Reserved fields/City maintenance will take priority over non-scheduled activities. The City of Wylie Parks and Recreation Department will be the final authority as to athletic field reservation use. ATHLETIC FIELD RESERVATION TIME SLOTS Athletic fields will be reserved in one (1) hour increments with the first field usage beginning at 8:00 A.M. and the last ending at 12:00 Midnight, Monday - Saturday. Sunday field usage begins at 12:00 Noon and ends at 11:00 P.M. ATHLETIC FIELD RESERVATION USAGE FEE A fee of 52.00 per person, per sport season for organizations/groups will be charged for the use of reserved athletic fields. This fee shall be paid to the City of Wylie Parks and Recreation Department by the responsible organization/group within thirty (301 days after the start of the specific Sport Season. lf fie/d usage fees are not paid within thirty (301 days of the start of the specific Sport Season, an additional charge of ten (10J percent of the origina/ balance due wil/ also be /evied. /f the origina/ ba/ance due p/us the ten (10) percent additiona/ charge are not paid within sixty (60J days of the start of the specific Sport Season, fie/d use privileges are subject to being denied until a// monies due are paid in full. Those using fie/ds on a one time basis shal/ pay fie/d usage fees before field use. A cash receipt shall be issued by the City of Wylie Parks and Recreation Department containing the following: 3 1) Individual's Name 2) Organization's/Group's Name 3) Team Sport/Sport Season 4) Number of Teams and Participants 5) Amount Paid ATHLETIC FIELD RESERVATION - NON-LIGHTED USE A receipt shall be issued by the City of Wylie Parks and Recreation Department when a reservation is confirmed. This receipt shall show the following: 1) Individual's Name 2) Organization's/Group's Name if Applicable 3) Names of the Team That Will Be Utilizing The Reservation 4) The Day(s), Time(s) and Location(s) of the Reservation A new receipt will be issued in the event the date, time or location of a reservation is changed. ATHLETIC FIELD LIGHT USAGE FEE A fee of 53.00 per hour per field will be charged for reservation in which lights are utilized. Reservation sessions vary through the course of a calendar year to coincide with sunset. The City of Wylie Parks and Recreation Department shall determine the reservation sessions. The following schedule approximates the availability of reservation session: March 5: DO p. m. - 6: DO p. m. 6: 00 p. m. - 7: DO p, m, 7: 00 p. m. - 8: 00 p. m. 8: 00 p. m. - 9: 00 p. m. 9: 00 p, m. - 1 O: 00 p. m. 1 O: 00 p. m. - 11: 00 p. m. 11: 00 p. m. - 12: 00 a, m. * April - May 15 6: 00 p. m. - 7: 00 p. m. 7: 00 p. m. - 8: 00 p, m. 8: 00 p. m. - 9: DO p, m. 9: 00 p. m. - f 0: 00 p, m. 1 D: 00 p. m. -)1: 00 p. m. 11: 00 p, m. - 12: 00 a, m. ~ 4 Ma y 16-31 7: 00 p. m. - 8: 00 p. m. 8: 00 p. m. - 9: 00 p. m. 9: 00 p. m. - 10: 00 p. m. 10: 00 p. m. - 11: 00 p. m. 11: 00 p. m. - 12: 00 a. m. June/July/August 8:00 p.m. - 9:00 p.m. 9:00 p.m. - 10:00 p.m. 10:00 p.m. - 11:00 p.m. 11:00 p.m. - 12:00 a.m. * Sep tember 7: 00 p. m. - 8: 00 p, m. 8: 00 p, m. - 9: 00 p, m. 9: 00 p. m. - 10: 00 p. m. 10: 00 p. m. - 11: 00 p. m. 11: 00 p. m. - 12: 00 p. m. ~ October 6:00 p.m. - 7:00 p.m. 7: 00 p. m. - 8: 00 p. in. 8: 00 p. m. - 9: 00 p. m. 9: 00 p, m. - 10: DO p. m. 10: 00 p. m. - 11: 00 p. m. 11: DO p. m. - 12: 00 p. m. ~ No vemb er 5: 00 p, m. - 6.• 00 p. m. 6: 00 p. m. - 7: 00 p. m. 7: 00 p. m. - 8: 00 p. m. 8: 00 p. m. - 9: 00 p. m. 9: 00 p. m. - 10: 00 p. m. 10: 00 p, m. - 11: 00 p. m. 11: 00 p, m. - 12: 00 p, m. ~ ~See Athletic Field Reservation Time Slots pertaining to the day of week. Ath/etic Fie/d Light Usage Fees shall be billed in arrears. Light fees are due within thrity (301 days of the statement date. lf light fees are not paid within (301 days of the statement date, an additiona/ charge of ten (10) percent of the origina/ balance due wil/ a/so be /evied. /f the original balance due plus the ten (10) percent additional charge is not paid within sixty (601 days of the statement date, light use privileges are subject to being denied unti/ al/ monies due are paid in full. Those using lights on a one time basis sha/l pay /ight usage fees before light use. 5 lf reserved fie/d lights are not used, the Parks and Recreation Department must be notified within one (lJ week after the scheduled game(s) time(s) in order that a credit or refund wi// be given. A cash receipt shall be issued by the City of Wylie Parks and Recreation Department at the time the light fee is paid and the reservation is confirmed. This receipt shall contain the following: 1) Individual's Name 2) Organization's/Group's Name if Applicable Reservation 31 Names of the Teams That Will Be Utilizing the Reservation 4) The Day(s), Time(s) and Locationls) of the Reservation 5) Amount Paid A new receipt will be issued in the event the date, time or location of a reservation is changed. ATHLETIC FIELD RESERVATION FOR TOURNAMENT USE Requests for athletic fields for tournament use shall be made in writing. The City of Wylie Parks and Recreation Department requests thirty (30) days advance notice. The price per field reservation fees are as follows: Fridav Night and All of SaturdaY S 100.00 (Includes Light Usage) Fridav Night and All of Saturdav and Sunday S 150.00 (Includes Light Usage) A security deposit of 5100.00 per field reserved shall be paid at least fourteen (14) days in advance of the scheduled tournament. The deposit(s) shall be credited towards any monies due for said tournament, with any remaining monies due payable seven (7) days in advance of the scheduled tournament. All monies paid will not be refundable unless a field or fields are not playable due to weather conditions, wet field conditions or for necessary maintenance. If a field or fields are not playable due to said conditions, a refund or credit will be given. The City of Wylie Park and Recreation Department will be the final authority as to athletic field use. A cash receipt shall be issued by the City of Wylie Parks and Recreation Department at the time the fee is paid and the reservation is confirmed. This receipt shall contain the following: 1) Individual's Name 6 2) Organization's/group's Name 3) Names of the Teams That Will be Utilizing the Reservation 4) The Day{s1, Time(s) and Location(sl of the Reservation 5) Amount Paid A new receipt will be issued in the event the date, time or location of a reservation changes. A tournament is defined as team competition separate and distinct from league play involving the payment of an entry fee or additional fees in which to participate. League practices and/or games shall take priority over tournaments. A curfew of 12:00 Midnight shall be imposed on all tournaments utilizing lights, Monday - Thursday; 1:00 a.m. on Friday and Saturday. A curfew of 11:00 p.m. shall be imposed on Sundays. MISCELLANEOUS The City of Wylie Parks and Recreation Department will provide homeplate, pitching rubbers, base distance markers on fences and will drag and mark baseball/softball infields for fee paid game/tournaments reservations. Soccer and football fields will be marked for fee paid game reservations. Athletic fields for non-reserved general public use or reserved practices are accepted on an as-is basis. A person may cancel a reservation and be issued a credit or refund up to 24 hours prior to the reservation. A credit or refund will be issued with less than 24 hours notice of cancellation if the City of Wylie Parks and Recreation Department is able to rent the athletic field(s) to another party or if field maintenance preparation of the reservation has not started. This paragraph does not apply to Tournament Use. (See Athletic Field Reservation for Tournament Use). Any and all athletic field use may be canceled by the City of Wylie Parks and Recreation Department due to weather conditions, wet field conditions or for necessary maintenance. If a reservation is canceled, a credit or refund will be issued. It will be the responsibility of the Wylie Parks and Recreation Department to determine the playing ability of each field. If fields are not playable due to any or all of the said conditions, this information will be placed on the City of Wylie's Athletic Hotline no later than 4:00 p.m., Monday - Friday. Athletic Field Hotline Number is 442-5354. In the event of said conditions occur~ing after 4:00 p.m., Monday -Friday or all of Saturday and/or Sunday, games can be called off by league directors, commissioners or the umpires. In the event that play is allowed and significant damage is done to athletic field(s), the responsible person/party who allowed play will be held responsible and sanctions may be imposed. 7 Any and all parties seeking athletic fields for use accept responsibility for the well being and cleanliness of facilities during and after their use. Any and all funds collected by the City of Wylie Parks and Recreation Department will be used primarily for the maintenance and/or upgrading of athletic facilities and the paying of electrical utility bills in regard to athletic field light usage at Community Park. Secondary use of funds collected will be for maintenance and/or upgrading of other facilities at Community Park. All funds collected will be allocated tot he Community Park Fund. ltalics Denotes Revisions/Modifications 8