HomeMy WebLinkAboutPR 25107: AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PORT ARTHUR AND THE PORT ARTHUR AMERICAN LITTLE LEAGUE FOR THE DEVELOPMENT AND CONSTRUCTION OF AN INDOOR BATTING CAGE AT PIONEER PARK www.PortArthurTx.gov
INTEROFFICE MEMORANDUM
Date: August 12, 2026
To: The Honorable Mayor and City Council
Through: Ron Burton, CPM,City Manager
From: Chandra Alpough, CPM, CPRP, Director of Parks and Recreation
RE: P.R. 25107—Memorandum of Understanding with Port Arthur American Little
League-Indoor Batting Cages at Pioneer Park
Introduction:
The intent of this Agenda Item is to request the City Council's approval of P.R. No. 25107,
authorizing the City Manager to execute a Memorandum of Understanding between the City
of Port Arthur and the Port Arthur American Little League for the construction of an indoor
batting cage at Pioneer Park.
Background:
The Port Arthur American Little League has obtained grant funding from Valero to support the
construction of an indoor batting cage at Pioneer Park. The proposed facility is intended to
enhance the recreational amenities available at the park and provide a weather-protected location
for baseball and softball practices, player development, training, and other authorized
recreational activities.
The project is consistent with the City's interest in providing and improving recreational
facilities for the youth and residents of Port Arthur. The indoor batting cage would provide an
additional recreational resource while supporting youth athletic programming at Pioneer Park.
The City and the Little League have negotiated an MOU to establish the parties' respective
responsibilities for the project, including funding, design, construction, ownership, use,
operation, and maintenance of the facility.
Under the proposed MOU,the City will designate an appropriate location for the indoor batting
cage at Pioneer Park and will retain oversight of the project with respect to matters within the
City's jurisdiction. Prior to commencement of construction, the project plans, specifications,
proposed site location, construction documents, and applicable project requirements will be
subject to review and approval by the City.
Budget Impact:
The Resolution provides for City funding in an amount not to exceed $35,000.00, subject to
approval and appropriation through the City's Fiscal Year 2026-2027 budget. Upon approval,
funding shall be available in account no 307-25-067-8525-00-10-000.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294
The Little League has separately secured grant funding from Valero for the project. The City's
authorization should therefore be understood as limited to the amount and purposes specifically
approved through the City's budget and the MOU. No expenditure should be incurred in excess
of an approved appropriation or contrary to applicable City purchasing and financial
requirements.
Recommendation:
It is recommended that the City Council approve P.R.No.25107,authorizing the City Manager
to execute a Memorandum of Understanding between the City of Port Arthur and the Port
Arthur American Little League for the construction of an indoor batting cage at Pioneer Park.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294
P. R. #25107
08/12/26 CA-TNR
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
PORT ARTHUR AND THE PORT ARTHUR AMERICAN LITTLE
LEAGUE FOR THE DEVELOPMENT AND CONSTRUCTION OF AN
INDOOR BATTING CAGE AT PIONEER PARK; AN AMOUNT NOT TO
EXCEED $35,000.00 SHALL BE MADE AVAILABLE FOR THE
PROJECT, SUBJECT TO APPROVAL AND APPROPRIATION OF THE
CITY'S FISCAL YEAR 2026-2027 BUDGET. UPON APPROVAL,
FUNDING SHALL BE AVAILABLE IN ACCOUNT NO 307-25-067-8525-
00-10-000
WHEREAS, the City recognizes the importance of providing safe, accessible, and
quality recreational facilities that promote the health, development, and well-being of the City's
youth and residents; and
WHEREAS, Pioneer Park is a City-owned recreational facility that provides
opportunities for youth baseball, softball, and other athletic and recreational activities and serves
as an important community resource; and
WHEREAS, the Port Arthur American Little League ("Little League") has obtained
grant funding from Valero to support the development and construction of an indoor batting cage
at Pioneer Park; and
WHEREAS, the proposed indoor batting cage will provide a weather-protected facility
for baseball and softball practice, player development, training, and other authorized recreational
activities, thereby enhancing the recreational opportunities available to youth participating in
programs at Pioneer Park; and
WHEREAS, the City and the Little League desire to establish their respective rights,
duties, and responsibilities concerning the planning, funding, design, construction, ownership,
use, operation, maintenance, and administration of the proposed indoor batting cage through a
Memorandum of Understanding("MOU"); and
WHEREAS, pursuant to the proposed MOU, the City will designate an appropriate
location for the facility at Pioneer Park and will retain the authority to review and approve the
project plans, specifications, site location, construction documents, and other applicable project
requirements prior to the commencement of construction; and
WHEREAS, the City Council finds that facilitating the development of the proposed
indoor batting cage is consistent with the City's interest in improving recreational opportunities
for its residents and supporting youth athletic programs within the City; and
WHEREAS, subject to approval and appropriation through the City's Fiscal Year 2026-
2027 budget, an amount not to exceed $35,000.00 is proposed to be made available for the City's
obligations associated with the project; and
P. R. #25107
08/12/26 CA-TNR
WHEREAS, the City Council finds that entering into the MOU is in the best interest of
the City and its residents and will further the public purpose of providing and enhancing
recreational facilities and opportunities for the community;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR,TEXAS:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. The City Manager is hereby authorized to execute a Memorandum of
Understanding between the City and the Port Arthur American Little League concerning the
development and construction of an indoor batting cage at Pioneer Park, in substantially the
same form as the MOU attached hereto and incorporated herein as Exhibit"A".
Section 3. Subject to approval and appropriation of the City's Fiscal Year 2026-2027
budget, an amount not to exceed $35,000.00 is authorized for the City's obligations associated
with the project, with expenditures to be made only in accordance with the approved budget and
the MO. Upon approval, funding shall be available in account no 307-25-067-8525-00-10-000.
Section 4. Nothing in the MOU or this Resolution shall be construed as authorizing the
commencement of construction without the prior written approval of the City, including approval
by the appropriate City departments of the proposed site, plans, specifications, construction
documents, applicable permits, and other requirements deemed necessary by the City. All
construction shall comply with applicable federal, state, and local laws, codes, regulations, and
City requirements.
Section 5. That a copy of the caption of this Resolution be spread upon the Minutes of
the City Council.
READ, ADOPTED AND APPROVED THIS day of , A.D.,
2026, at a Regular Meeting of the City Council of the City of Port Arthur, by the following vote:
AYES: (Mayor)
Councilmembers:
NOES:
Charlotte M. Moses
Mayor
ATTEST:
Christe Whitley Ned, City Secretary
P. R. #25107
08/12/26 ca
APPROVED AS TO FORM:
Roxann Pais Cotroneo, Esq.
City Attorney
APPROVE i AS 0 ADMINISTRATION:
MStt
Ron Burt77CP
City Manage
0116LIVICUa
Chandra Alpough, CPM
Director of Parks and Recreation
APPROVED AS TO AVAILABILITY OF FUNDS:
64(1.c rig
Lynda Bos 1
Director of Finance
1 II
Clifton Williams, CPPB
Purchasing Manager
Exhibit "A"
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF PORT ARTHUR, TEXAS, AND
VALERO ENERGY CORPORATION
REGARDING THE CONSTRUCTION AND USE OF AN
INDOOR BATTING CAGE AT PIONEER PARK
This Memorandum of Understanding("MOU") is entered into by and between the City of Port
Arthur,Texas ("City") and the Port Arthur American Little League ("Little League")
(collectively, the "Parties"). participating as the designated user and maintenance organization
for the project.
The City,Valero, and the Little League may collectively be referred to as the"Parties."
I. PURPOSE
The purpose of this MOU is to establish the understanding and responsibilities of the Parties
regarding the funding, approval, construction, ownership, maintenance, and use of an indoor
batting cage facility at Pioneer Park, located in the City of Port Arthur, Texas.
The project is intended to provide a safe, accessible, and beneficial recreational facility for youth
baseball and softball programs and to enhance athletic opportunities for the children and families
participating in the Port Arthur American Little League and other authorized park users.
II. PROJECT DESCRIPTION
The proposed project consists of the construction and installation of an indoor batting cage
facility at Pioneer Park.
The project may include, but is not limited to:
1. An enclosed structure suitable for year-round batting practice;
2. Batting cages and related athletic equipment;
3. Lighting and electrical improvements, as applicable;
4. Flooring and protective netting;
5. Ventilation and other building systems necessary for safe operation;
6. Appropriate safety equipment and protective features; and
7. Other improvements approved by the City as part of the final project plans.
The final size, location, design, materials, equipment, and specifications of the facility shall be
subject to review and approval by the City.
III. FUNDING
A. Valero
Valero agrees to provide funding for the construction of the indoor batting cage project.
Valero's financial contribution shall be used for approved project costs associated with the
construction, installation, and completion of the indoor batting cage.
B. City
The City shall provide the designated location at Pioneer Park for the project, subject to City
approval and applicable City requirements.
The City will provide $35,000.00 towards said project.
The City's contribution shall consist primarily of providing the park site and overseeing the
City's approval process. Unless separately agreed to in writing,the City shall not be responsible
for costs exceeding the amount specifically approved or appropriated for the project.
C. Little League
The Little League shall be responsible for ongoing maintenance and routine upkeep of the
facility following completion and acceptance of the project.
IV. OWNERSHIP
Upon completion and acceptance of the indoor batting cage,the facility and all permanent
improvements shall be and remain the property of the City of Port Arthur.
Nothing in this MOU shall be interpreted as granting Valero or the Little League an ownership
interest in the land, building,permanent improvements, or other City-owned property.
The Little League's role shall be that of an authorized user and maintenance organization
pursuant to this MOU and any other agreement required by the City.
V. SITE AND CITY APPROVAL
The City shall determine and approve the final location of the indoor batting cage within Pioneer
Park.
Before construction begins,the City shall review and approve all applicable:
• Site plans;
• Architectural plans;
• Engineering plans;
• Construction drawings;
• Building plans;
• Electrical plans;
• Structural plans;
• Equipment specifications;
• Accessibility requirements; and
• Other documents required by the City.
No construction or installation work shall begin until the City has provided the required
written approvals.
The City reserves the right to require modifications to the project plans to ensure compliance
with applicable laws, codes, safety standards,park requirements, and City policies.
VI. CONSTRUCTION
Little League or its designated contractor shall coordinate construction of the project in
accordance with the plans and specifications approved by the City.
All contractors performing work on City property shall comply with applicable City
requirements, building codes, safety regulations, insurance requirements, and other applicable
laws and regulations.
The City shall have the right to inspect the work during construction.
Any material deviation from the approved plans must receive prior written approval from the
City.
Upon completion,the City shall conduct or coordinate a final inspection and determine whether
the facility is acceptable for use.
VII. MAINTENANCE AND OPERATION
Following completion and acceptance of the facility,the Port Arthur American Little League
shall be responsible for routine maintenance and upkeep of the indoor batting cage.
Maintenance responsibilities shall include, but not be limited to:
1. Cleaning the facility;
2. Maintaining batting cages, netting, and related equipment;
3. Maintaining batting and athletic equipment;
4. Addressing minor repairs;
5. Maintaining the interior in a clean and safe condition;
6. Reporting major repairs or unsafe conditions to the City;
7. Preventing unauthorized alterations to the facility; and
8. Complying with all applicable City park rules and regulations.
The Little League shall not make structural alterations, additions, or improvements to the facility
without prior written approval from the City.
The City shall remain responsible for major capital repairs or improvements unless otherwise
agreed to in writing.
VIII. USE OF THE FACILITY
The indoor batting cage shall primarily support youth baseball and softball activities associated
with the Port Arthur American Little League.
The facility shall remain a City-owned public park facility and may be made available to other
City-approved recreational programs, activities,teams, or organizations, subject to scheduling
and applicable City policies.
The Little League shall not represent that it has exclusive ownership or unrestricted exclusive use
of the facility unless the City provides such authorization through a separate written agreement.
The City reserves the right to establish reasonable rules governing scheduling, access,hours of
operation, and use of the facility.
IX. INSURANCE AND LIABILITY
The Parties shall maintain insurance coverage and comply with applicable risk-management
requirements as required by law and by the City.
The Little League shall be responsible for maintaining appropriate insurance coverage for its
activities and operations within the facility.
Valero and any contractors engaged for construction shall maintain insurance coverage required
by the City and applicable law during construction.
Nothing in this MOU shall be construed as waiving any governmental immunity, statutory
immunity, limitation of liability, or other protection available to the City under Texas law.
X. SAFETY AND COMPLIANCE
All construction and use of the indoor batting cage shall comply with applicable federal, state,
and local laws,regulations, building codes, fire codes, accessibility requirements, and safety
standards.
The City may suspend use of the facility if it determines that the facility presents an
unreasonable safety risk or is not being properly maintained.
The Little League shall promptly notify the City of any condition that may present a safety
hazard or require significant repair.
XI. SIGNAGE AND RECOGNITION
Valero may receive appropriate recognition for its financial contribution to the project, subject to
prior approval by the City.
Any permanent signage, plaques, banners, or other recognition identifying Valero as a project
sponsor shall require prior written approval by the City.
Such recognition shall not create an ownership interest or control over the facility.
XII. PROJECT COMPLETION AND ACCEPTANCE
Upon substantial completion of the project, the City shall conduct a final review and inspection.
The facility shall not be considered complete for purposes of City ownership and public use until
the City determines that the work has been completed substantially in accordance with the
approved plans and applicable requirements.
Upon acceptance by the City,the facility shall become part of the City's park system and shall be
maintained and operated in accordance with this MOU and applicable City policies.
XIII. TERM
This MOU shall become effective upon execution by the authorized representatives of the Parties
and shall remain in effect until terminated in accordance with this MOU.
The Parties may extend, amend, or modify this MOU by mutual written agreement.
XIV. TERMINATION
Any Party may request termination of this MOU upon written notice to the other Parties.
Termination shall not relieve a Party of obligations incurred prior to the effective date of
termination.
Upon termination, all permanent improvements constructed on City property shall remain the
property of the City unless otherwise agreed in writing.
XV. AMENDMENTS
This MOU may be amended only by a written document signed by authorized representatives of
the Parties.
No oral modification shall be effective.
XVI. NO PARTNERSHIP OR JOINT VENTURE
Nothing contained in this MOU shall be construed to create a partnership,joint venture, agency
relationship, or employment relationship among the Parties.
Each Party shall remain an independent entity responsible for its own obligations under this MOU.
XVII. NON-DISCRIMINATION
The Parties agree that the project and use of the facility shall be conducted in compliance with
applicable federal, state, and local nondiscrimination laws.
XVIII. COMPLIANCE WITH CITY POLICIES
The Little League and all contractors working on the project shall comply with applicable City
policies, park rules, permitting requirements, safety requirements, and other requirements
applicable to work performed on City property.
XIX. VENUE AND JURISDICTION
In the event of any dispute, claim, or litigation arising out of or relating to this MOU, including its
interpretation, performance, breach, or termination, the Parties agree that exclusive venue shall
lie in a court of competent jurisdiction in Jefferson County, Texas. The Parties further agree
to submit to the jurisdiction of such courts and waive any objection to venue or jurisdiction in
Jefferson County, Texas, to the extent permitted by applicable law.
XX.ENTIRE UNDERSTANDING
This MOU represents the understanding of the Parties concerning the indoor batting cage project
at Pioneer Park and supersedes any prior oral understanding concerning the specific
responsibilities described herein.
No amendment,modification,or waiver of any provision.Any matters not addressed by this MOU
may be addressed through a subsequent written agreement.
Ronald Burton, CPM Date
City Manager
City of Port Arthur
Dwight Fobbs Date
President
Port Arthur American Little League