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MUNICIPAL ORDER NO.1876
A MUNICIPAL ORDER OF THE CITY OF PADUCAH, KENTUCKY,
AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF PADUCAH, KENTUCKY,
AND THE PADUCAH TENNIS ASSOCIATION, WITH RESPECT TO USE OF THE NOBLE
PARK TENNIS COURTS BY ST. MARY HIGH SCHOOL; AUTHORIZING THE
EXECUTION OF THE AGREEMENT
WHEREAS, the City of Paducah, Kentucky (the "City"), owns and maintains
tennis courts located in Noble Park (the "Tennis Courts") for public use and enjoyment;
WHEREAS, the Paducah Tennis Association ("PTA") desires to secure the use
of four (4) of the Tennis Courts for the St. Mary High School tennis team at specified times for
twelve (12) weeks per year for the next twenty (20) years for the purpose of holding matches and
practices in exchange for transferring ten thousand dollars ($10,000.00) to a fund established and
controlled by the City to pay for the construction of a restroom and shelter facility located near
the Tennis Courts;
WHEREAS, the City has determined that permitting the St. Mary High School
tennis team to use the Tennis Courts and constructing a new restroom and shelter facility near the
Tennis Courts will promote the public purposes of providing recreational facilities for the use
and enjoyment of the citizens and residents of the City; and
WHEREAS, the City and PTA now desire to enter into an agreement providing
for the use of the Tennis Courts by the St. Mary High School tennis team, subject to the terms
and conditions set forth in the "Noble Park Tennis Courts User Agreement."
NOW THEREFORE, BE IT ORDERED BY THE CITY COMMISSION OF
THE CITY OF PADUCAH, KENTUCKY, AS FOLLOWS:
Section 1. Recitals and Authorization. The City hereby approves the Noble Park
Tennis Courts User Agreement (the "Agreement") among the City and PTA in substantially the
form attached hereto as Exhibit A and made part hereof. It is further determined that it is
necessary and desirable and in the best interest of the City to enter into the Agreement for the
purposes therein specified, and the execution and delivery of the Agreement is hereby authorized
and approved. The Mayor is hereby authorized to execute the Agreement with such changes not
inconsistent with this Order and not substantially adverse to the City as may be approved by the
official executing the same on behalf of the City. The approval of such changes by said official,
and that such are not substantially adverse to the City, shall be conclusively evidenced by the
execution of the Agreement.
Section 2. Severability. If any section, paragraph or provision of this Order shall
be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such
section, paragraph or provision shall not affect any of the remaining provisions of this Order.
Section 3. Compliance With Open Meetings Laws. The City Commission hereby
finds and determines that all formal actions relative to the adoption of this Order were taken in
an open meeting of this City Commission, and that all deliberations of this City Commission and
of its committees, if any, which resulted in formal action, were in meetings open to the public, in
full compliance with applicable legal requirements.
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Section 4. Conflicts. All ordinances, resolutions, orders or parts thereof in
conflict with the provisions of this Order are, to the extent of such conflict, hereby repealed and
the provisions of this Order shall prevail and be given effect.
Section 5. Effective Date. This Order shall be in full force and effect on and after
the date as approved by the Board of Commissioners of the City of Paducah, Kentucky.
Tammara S. Sanderson, City Clerk
Adopted by the Board of Commissioners, December 15, 2015
Recorded by Tammara S. Sanderson, City Clerk, December 15, 2015
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EXHIBIT A
CITY OF PADUCAH, PADUCAH TENNIS ASSOCIATION AND ST. MARY
HIGH SCHOOL
NOBLE PARK TENNIS COURTS USER AGREEMENT
The Paducah Tennis Association on behalf of St. Mary High School will channel $10,000 from an
anonymous donor to the City of Paducah's tennis/restroom shelter fund. The tennis/restroom shelter is to
be built in Noble Park by the existing tennis courts. Upon receipt of said funds this user agreement
authorizes St. Mary High School to use four of the Noble Park Tennis Courts for a period each year not
to exceed twelve weeks during the Kentucky High School Athletic Association tennis season for home
matches and practice. Four courts will be made available to St. Mary High from February 15 to May 14
each year for the next twenty years (3 PM to 6:00 PM on Mon to Fri only). This agreement terminates at
midnight on May 15, 2035.
An additional $250 user fee is set for all courts for the entire day for tournaments and special events.
• St. Mary High School, while under this user agreement, is not required to pay the full tournament and
special event rental fee if the event in questions is used as one of their daily rental uses. The remainder will
be prorated.
• One court is to remain available for public use at all times.
• No matches are to be played after 10:00 PM the park gates will be closed at 11:00 PM.
• User fees are not refundable.
• Inclement weather will not extend the yearly usage of the courts.
• No tennis equipment is provided with this facility user agreement.
• All the above agreements include the parking facilities and bleachers adjacent to the courts.
• The Paducah Parks Services supplies one portable toilet at the tennis courts March through October. Extra
toilet facilities are the responsibility of the renter and are not included in this agreement. Upon completion
of a new tennis/restroom shelter Paducah Parks Service will terminate the use of portable toilets at this
location.
• St. Mary High School will be responsible for clean up of the facility before they leave daily.
• If the usage reaches a point where behavior is deemed out of hand, the Paducah Parks Services and
Paducah Police Department have the right to terminate that day's usage and eject participants and all guests
from the premises without refund of any user fee.
• St. Mary High School is responsible for all damages and agrees to pay for repairs or necessary
replacements that occur due to vandalism, loss and theft that occur during their scheduled rental times
except for normal wear and tear.
• St. Mary High School may prepare and serve refreshments and food in the facility area during a rental for
their guests only. Food preparation and sale is subject to all health department regulations and all City,
State and Federal laws and regulations.
• Permits for weekend tournaments must be signed and the fee paid at least one week before the rental is to
take place.
• NO ALCOHOLIC BEVERAGES ARE ALLOWED IN CITY PARKS
• THE CITY PROVIDES NO INSURANCE FOR THE SPONSORS, PARTICIPANTS, OR SPECTATORS
OF EVENTS HELD AT THE NOBLE PARK TENNIS FACILITY.
• St. Mary High School will provide to the City of Paducah a $2,000,000 certificate of liability insurance
naming the City as an additional insured for each year that this agreement is in force.
BY SIGNING BELOW, I UNDERSTAND AND AGREE TO ALL OF THE TERMS OF
THIS USER'S POLICY.
St. Mary High School Authorized User Date
Paducah Tennis Association Date
Mayor, City of Paducah Date
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