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1992M8- MUNICIPAL COMMUNITY CENTER ORDINANCE NO. 7~-~-1 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AUTHORIZING THE USE OF THE MUNICIPAL COMMUNITY CENTER OWNED AND CONTROLLED BY THE CITY OF SCHERTZ, TEXAS; SETTING FORTH THE POLICIES, RULES, RENTAL RATES AND LEASE AND RESERVATION AGREEMENTS; PROVIDING A PENALTY FOR VIOLATIONS OF THIS ORDINANCE; PROVIDING AN EFFECTIVE DATE; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE. WHEREAS, the City Council of the City of Schertz, Texas, determines a need to control the use of the Community Center by establishing policies, rules rental rates and lease and reservation agreements; and WHEREAS, there is a need to establish procedurs for modifying and changing the policies, rules, rental rates and lease and reservations agreements to conform with the economy, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, SECTION I The lease agreement for the Community Center setting forth the terms and conditions for usage of said Center be incorporated into this ordinance as Attachment #1. The Community Center Reservation Application be incorporated into this ordinance as Attachment #2. The Rules and Regulations for the use of the Community Center be incorporated into this ordinance as Attachment #3. The Community Center Rental Rates and Classification be incorporated into this ordinance as Attachment #4. SECTION II THAT the City Manager review the attachments annually for possible modification and submit recommended Changes to the City Council for approval and adoption. SECTION III Any person, firm, partnership, association or persons, or corporation or any agent or employee thereof, who shall violate any of the rules, regulations or provisions of this ordinance, or any part of it, or any portion thereof, by any act either of commission or omission, or cause the same to be done, shall be deemed qui1ty of a misdemeanor and upon conviction thereof shall be punished by a fine in an amount not exceeding $200,00 for each and every violation. Each violation of each part or any part of this ordinance shall be and constitute a separate offense. SECTION IV THAT the effective date of this ordinance shall be April 15, 1992. SECTION V This BO-M-14 in ordinances ordinance its entirety in confl ict. expressly repeals Ordinance No. and all other ordinances or parts of PASSED, APPROVED FioeiL.- .I AND ADOPTED this the , 1992. IJ1frP--C'h . 1992. 7~ day of Approved on first reading the /7 day of ATTEST: ATTACHMENT 1 CONTRACT NO. CITY OF SCHERTZ LEASE COMMUNITY CENTER This agreement, made and entered into by and City of Schertz, Texas, a municipal corporation of Texas, hereinafter called "City" and hereinafter called "Lessee", between the of the State witnesseth: I. described Guadalupe That the City agrees to furnish the following space and premises located in the City of Schertz, County, Texas: COMMUNITY CENTER to be used and for no City for a for the purpose of other purpose without term commencing: the written consent of the (Time) (Month) and Terminating (Day) (Year) (Time) (Month) pursuant and subject Resolution 77-R-21 as incorporated herein for (Day) (Year) to the provisions of amended, the terms thereof all purposes. City being II. The Lessee agrees to pay to City for rental of said space and premises: (equal total sum of rental rate and deposit), and Lessee further agrees to pay to City on demand any and all sums which may be due City for additional services, accommodations, materials or damages. TERMS AND CONDITIONS: This agreement is made and entered into upon the following express covenants and conditions, all and everyone of which the Lessee hereby covenants and agrees to and with City to keep and perform. 1. EXTRA HELP. In case it is necessary to employ outside assistance in the handling of the baggage, scenery, or other property of Lessee, such employment shall be at the expense of Lessee. 2. FIRE. In case the said building, or any part thereof, shall be destroyed or damaged by fire or by any other cause, or if any other casualty or unforeseen occurrence shall render the fulfillment of this contract by City impossible, City shall not be liable or responsible to Lessee for any damages caused thereby, provided that Lessee shall be refunded the unused portion of payments made by it. Attachment 1 (continued) 3. CONTROL OF BUILDING. In renting said bUilding, City does not relinquish the right to control the management thereof, and to enforce all necessary and proper rules for the management and operation of the same; and the employees of the City may enter the same, and all the premises, at any time and on any occasion. 4. EXHIBITORS. all exhibits shall be removed from said bUilding before the end of the contracted time. In the event that this is not done, time will be marked as if in rental until the bUilding is released by turning the key over to the police department. Also, in the event that the several portions of the said bUilding are not vacated by Lessee on the above stated date at the end of the term for which said portions of said bUilding are respectively leased, then City is hereby authorized to remove from said building and to store at the expense of Lessee, all goods, wares, merchandise and property of any and all kinds and description which may be then occupying the portion of said bUilding on which the term of lease has expired; and City shall not be liable for any damages or loss to such goods, wares, merchandise or other property which may be sustained, either by reason of such removal or the place to which it may be removed, and the City is hereby expressly released from any and all claims for damages of whatever kind or nature. 5. REMOVAL OF INSTALLATIONS. In the event platforms, stagings or other structures are erected by Lessee or any of the exhibitors in any portion of the bUilding, the expense of such erection and removal shall be paid by Lessee; and all damage to said building or furniShings, caused by the erection or removal of such platform or stagings shall be paid by Lessee. 6. LAW OBSERVANCE. The Lessee agrees that every employer or agent connected with the purpose for which said bUilding is rented shall abide by, conform to, and comply with all of the laws of the United States and the State of Texas, and all the ordinances of the City together with all rules and requirements of the police and fire departments of the City; and will not do, nor suffer to be done, anything on the said premises, during the term of this lease, in violation of any such rules, laws or ordinances, and if the attention of said Lessee is called to such violation, Lessee will immediately desist from and correct such violations. 7. SEATING sold or disposed of is 200. CAPACITY. In no event shall tickets be in excess of the seating capacity, which Attachment 1 (continued) 8. NO DEFACEMENT OF BUILDING. Lessee shall not injure or mar or in any manner deface said premises, and shall not cause nor permit anything to be done whereby the said premises shall be in any manner injured, marred or defaced, nor shall he drive, or permit to be driven. any nails, hooks, tacks or screws, in any part of said building, nor shall he make, or allow to be made, any alterations of any kind therein. Also, Lessee shall be responsible to insure no objects should be placed in the drains. restroom facilities or any other part of the sewer system so that the plumbing needs maintenance or repair. 9. RESPONSIBILITY FOR INJURY. If said premises, or any portion of said building. during the term of this lease, shall be damaged by the act, default or negligence of Lessee, or of lessee's agent. employees, patrons, guests, or any person admitted to the said premises by Lessee. Lessee will pay to the City, upon demand. such sum as shall be necessary to restore said premises to their present condition. Lessee hereby assumes full responSibility for the character, acts and conduct of all persons admitted to said premises. or to any portion of said bUilding with the consent of Lessee, or by or with the consent of Lessee's employees or any person acting for or an behalf of Lessee, and Lessee agrees to have on hand at all times sufficient pOlice force to maintain order and protect persons and property. 10. AISLES CLEAR. Lessee will permit no chairs. movable seats or other obstructions to be or remain in the entrances, exits or passageways, and will keep same clear at all times. 11. NO OBSTRUCTIONS TO SIDEWALKS, ETC. No portion of the sidewalks. entries, passages, vestibules, halls, or ways of access to public utilities of said building shall be obstructed by Lessee or used for any purpose other than for ingress and egress, to and from the premises. The doors, skylights, or openings that reflect or admit light into any lace in the building, including hallways. corridors and passageways, shall not be obstructed by Lessee. 12. tickets hereof, against TAXES. Lessee shall pay all taxes, if any, on or admissions to the premises during the term and any license fees and taxes lawfully levied it during the term hereof. 13. INDEMNITY. Lessee will provide the defense for. indenmity and hold harmless from all cost, the City from any and all claims, suits. causes of action. and liability resulting from the presentation of any copyrighted work or material or violation of any other proprietary rights, for damages or injuries to any person(s) or damage to property occasioned by or in connection with Lessee's use of the premises. Attachment 1 (continued) 14. LESSEE'S RESPONSIBILITY. Lessee hereby assumes full responsibility for the character, acts and conduct of all persons admitted to said premises or to any portion of said bUilding by the consent of the said Lessee, or by or with the consent of said Lessee's employees, or any person acting for and on behalf of the said Lessee, and Lessee agrees at its expense to have on hand at all times sufficient police force to maintain order and protect the persons property, the sufficiency of the type of police force to meet the approval of the Police Chief. 15. ATTORNEY'S FEES. If City is required to file suit to collect any amount owed it under this contract for Lessee's use of the premises, City shall be entitled to collect reasonable attorney's fees which is agreed to be at least ten percent (10%) of the principal amount. 16. ANIT-DISCRIMINATION. It is understood that the premises are owned by the City of Schertz, and that any discrimination by Lessee, its agents or employees, on account of race, sex, color, religion, or national origin, in the use of or admission to the premises is prohibited. 17. serve any served or City. If required. sold. ALCOHOLIC BEVERAGES. Lessee shall not sell or alcoholic beverages or permit them to be sold, consumed without prior written consent from the beer is sold, a Temporary Beer License is No other forms of alcoholic beverages may be 18. ABANDONED ITEMS. City shall have the sole right to collect and have custody of articles left in the building by persons attending any performance, exhibition, or entertainment given or held on the premises. If not claimed within thirty (30) days, the City shall consider the items abandoned. 19. CANCELLATION BY CITY. Violation by Lessee of any covenant, agreement or condition contained herein shall be cause for termination hereof by City, in which case Lessee shall be entitled only to refund of the unused portion of any payment made by it. In addition, the City may likewise cancel this agreement if the Lessee should, prior to the date of occupancy hereunder, violate any covenant agreement or condition in any other agreement which the Lessee might have for lease of Community Center facilities. City reserves the right to cancel this agreement at any time, e.g. before, during or after any emergency situation deemed by City. At such time, notification will be made by telephone or most expedient method available. City shall not be liable or responsible to Lessee for any damages or inconvenience caused thereby, provided that Lessee shall be refunded the unused portion of payments made by it. Attachment 1 (continuted) 20, herein are to define, HEADINGS. The paraqraph headinqs contained for convenience in reference and are not intended extend, or limit any provision in the contract. 21. nor suffer specified, without the ASSIGNMENTS. Lessee shall not any use of said premises nor sublet the premises or prior written consent of the assign this lease, other than herein any part thereof, City Manager. 22. NO RESPONSIBILITY FOR PROPERTY IN BUILDING. The City assumes no responsibility whatever for any property placed in said building and City is hereby expressly released from responsibility for any loss of or damage to lessee's or guest's personal property that may be sustained by reason of the occupancy under this lease; and all watchmen, or other protective service desired by Lessee, must be arranged for by Lessee. IN WITNESS WHEREOF, we have affixed our signatures, this day of , 19 LESSEE: CITY: Name: Address: Phone: or Signature ATTACHMENT 1 (Continued) COMMUNITY CENTER INSPECTION FORM OK NOT CLEAN DAMAGED Lights Hallways Kitchen: Floor Sink Counter Top Restrooms: Ladies Mens Large Room Floor Tables Chairs Basketball Backboard Air Conditioner (off?) Glass Windows 1. Clean- Was the building cleaned of "general litter" which should have been picked up by the lessee? 2. Damages- If there are damages, specify the damage and cost of replacement/repair and subtract from the $30.00 Damages Deposit. Remarks: I DO/DO NOT Recommend refund of Clean-up depOSit I DO/DO NOT recommend refund of Damages Deposit. Inspector's Signature Time Date Lessee's Signature Time Date +-----+---------+------------------+ I I I I I I office I I +-----+ -------+ I +------+ +------+ I Irest I I I I +------+ Ikitchen I Iroom I I I I +------+ +------+ I I small I I I room I I +---------------+------------------+ ATTACHMENT 2 RENTAL RECEIPT NO. CONTRACT NO. DEPOSIT RECEIPT NO. DATE RENT & DEPOSIT CITY OF SCHERTZ COMMUNITY CENTER RESERVATION APPLICATION Name or orqanization or group: Phone: Phone: or Address: Name of person filing for reservation: Describe proposed use of Center: Dates requested: Time of use: From: To: Estimated attendance (not to exceed 200) Will tables and chairs be needed: If yes, how many and in what arrangement: Cleaning will be done by Lessee City Once into the from tables are set out, please do not fold or place tables the storage racks. Doing so will result in damaqe to tables. The replacement/repair costs will be deducted the damaqes deposit. Will alcoholic beverages be consumed: BEER will be the only alcoholic beveraqe permitted to be sold. State regulations must be observed. Are you planning to sell beer? If yes, a temporary beer license will be REQUIRED by State law. Rental Charqe Deposit ATTACHMENT 2 (Continued) Person named below will be responsible to see that the building is cleaned of litter (unless clean-up is contracted for in advance) and for damages. The deposit refund will be mailed to this person after the reservation date. Chief of Police: 658-5321 PRINTED NAME. 1400 Schertz Parkway ADDRESS Schertz, TX 78154 CITY, STATE Security required: PHONE NOS. Facility SIGNATURE: From: To: City Official City Official ------------- -------------------------------- APPROVAL OF CLEANING REFUND ($50.00) YES NO APPROVAL OF DAMAGES REFUND ($30.00) YES NO REMARKS: (CITY OFFICIAL) (DATE) (CITY MANAGER) ATTACHMENT 3 COMMUNITY CENTER GENERAL INFORMATION 1- in five adequate A reservation and (5) days prior to preparation of the lease agreement the function in bUilding by the should be order to City. turned assure 2. Rental Rate and Deposit information is available at the Municipal Complex (or call 658-7477). 3. The Community Center may be leased from 8:30 a.m. through 2:00 a.m., seven days a week. 4. All lessees of the key at the start of dispatcher, and return function. the Community Center will pick up the reserved time from the police it immediately at the end of the 5. The lessee shall contact the dispatcher any damages or disorders that the lessee finds, that he will not be held responsible. to report in o.rder 6. An employee of the City will inspect the bUilding after each function to determine if it is clean and/or damaged. After inspecting the bUilding, the City will mail the appropriate deposit to the person listed on the contract. 7. Beer shall be the only alcoholic beverage permitted to be sold. Other alcoholic beverages may be dispensed at the lessee's discretion. A Temporary Beer License will be required if beer is sold. 8. Time needed to set up will count as rental time. 9. Rental fees and deposit must be paid in full in order to have a confirmed reservation. ATTACHMENT 4 COMMUNITY CENTER RENTAL RATES CLASSIFICATIONS 1. COMMERCIAL applies to any person, group or organization in which goods or services are sold. 2. CONVENTION - applies to all business meetings and associated business entertainment. (Examples: conventions, banquets, sales meetings, seminars, congregations) 3. SOCIAL appl ies to general (Examples: private parties, receptions, dances where no admission is charged. public general use. public 4 . LOCAL Area" non-profit groups. CIVIC ORGANIZATION - applies to "Randolph or public service clubs, organizations, or RATE~ A the first specified hour or Convention Daily Base Rate, stated below, shall be charged for four (4) hours or fraction thereof, Thereafter, a rate per hour will be charged for each additional fraction thereof for Social, Commercial and rentals: BASE RATES 1ST i HOURS EACH ADDITIONAL HOUR (In City) 50 People or less $75.00 $8.50 (In City) Over 50 People $95.00 $9.00 (Out of City) 50 People or less $150.00 $8.50 (Out of City) Over 50 People $170.00 $9.00 LOCAL CIVIC ORGANIZATION $70.00 $8.50 Any request for deviations to be above will be approved by the City Manager. ATTACHMENT 4 .Q_QN'I.~A<::'l'!> All organizations are able to contract the Center for a period of six months for the days Monday through Thursday at a reduced rate. For contracts scheduled on Friday, Saturday or Sunday, the reduced rate will not apply. The initial deposit shall be automatically re-applied to the next scheduled use. Payments may be made in monthly installments, provided it is paid in advance. WEEKLY USE: MONTHLY USE: 20% OFF 10% OFF D.!H)_~I TS An which is minus the the person eighty dollar ($80.00) deposit shall be required, to be added to the Rental Rate. The refund check, assessed charges, will be mailed by the City to named on the contract. CLEAN-UP: $50.00 will be assessed if the area is not cleaned of general litter. This $50.00 clean-up may also be contracted for in advance. DAMAGE: $30.00 covers any damages to the bUilding as mentioned in Section 8 of the contract. CANCELLATION: If a cancellation notice is not received within five (5) business days of the function, a $20.00 penalty will be charged. Other- wise, the whole deposit will be returned. February 21, 1992 FROM: Kerry R. Sweatt, City Manager SUBJECT: Proposed Changes to Community TO: Mayor and City Council Under the terms of City Ordinance, reservation rates, deposits, and general rules are established. While there have been minor changes to the deposit required and general rules and the amount of charge for City cleanup, use rates have apparently not been changed since June of 1980. Attached is a copy of attacrunent 4 outlining current rental rates, classifications and deposit requirements. The City changing general throwing cleanup charge was revised from $20. to $30., the total deposit requirement from $50. to $60. rules were revised to provide for a prohibition of rice or grains inside the Community Center. thus The of A copy of the current lease form is also attached for your review. I have noted the areas of proposed change so that you might easily locate those. Statistics regarding community center rentals for 1991 include the following information: total number of contracts - January through December, 1991 47; total revenue $2,382.50; lessees in city - 19 (40%), out-of-city - 28 (60%); average number of people per function - 105; average hours per function 7.5; average hours setting up center 2.5; average hours for cleanup - 3 (in addition to that performed by lessee); average hours city cleanup - 6 (when not done by lessee); average rental cost - $42.36. Please note the number of contracts do not include functions such as S.A.F.E.S. training, shot clinic and other similar uses. Based on actual manpower cost and electrical cost (including demand charges) listed below are specific cost estimates and proposed changes: PAGE 2 ACTUAL COST ESTIMATE (In City) 50 People or Less Maintenance Cost Electrical Cost $ 22.67 $ 55.32 Total Cost $ 77.99 (In City) Over 50 People Maintenance Cost Electrical Cost $ 41. 70 $ 55.32 Total Cost $ 97.02 (Out of City) 50 People or Less *Maintenance Cost Electrical Cost $ 95.27 $ 55.32 Total Cost $150.59 (Out of City) Over 50 *Maintenance Cost Electrical Cost $114.30 $ 55.32 Total Cost : $169.62 PROPOSAL : '5 Contracted City Clean Up Cost: $ 47.l0 PROPOSAL :'6 BASE RATES Commercial Convention Local Civic Organization SOCIAL CLASSIFICATION Proposed Rate Il First 4 Hours : $ 35.00 Each Additional Hour $ 10.00 Total Average Rental $ 75.00 Proposed Rate 12 First 4 Hours : $ 40.00 Each Additional Hour $ 15.00 Total Average Rental : $100.00 Proposed Rate 13 First 4 Hours : $ 50.00 Each Additional Hour $ 25.00 Total Average Rental $150.00 Proposed Rate 14 First 4 Hours Each Additional Hour $ 70.00 $ 25.00 Total Average Rental : $170.00 Proposed Rate $ 50.00 1ST 4 HOURS EACH ADDITIONAL HOUR $ 80.00 $ 75.00 $ 30.00 $ 25.00 $ 25.00 $ 10.00 * INCLUDES GENERAL MAINTENANCE WORK PERFORMED WEEKLY , PAGE 3 PROPOSED CHANGES ON WRITTEN CONTRACT LESSEE IS REQUIRED TO LEAVE 2 TELEPHONE NUMBERS (IF POSSIBLE) IN THE EVENT CITY NEEDS TO CONTACT LESSEE. DELETE "WITHOUT THE PROPER EQUIPMENT" (ON FIRST PAGE) DELETE "WITHIN 10 DAYS" (ON FIRST PAGE) DELETE "WRITTEN NOTICE OF SUCH CANCELLATION WILL BE GIVEN THE LESSEE BY CITY MANAGER." (ON ITEM t 19) ADD "CITY RESERVES THE RIGHT TO CANCEL THIS AGREEMENT AT ANY TIME, e.g. BEFORE, DURING OR AFTER ANY EMERGENCY SITUATION DEEMED BY CITY. AT SUCH TIME NOTIFICATION WILL BE MADE BY TELEPHONE OR MOST EXPEDIENT METHOD AVAILABLE. CITY SHALL NOT BE LIABLE OR RESPONSIBLE TO LESSEE FOR ANY DAMAGES OR INCONVENIENCE CAUSED THEREBY, PROVIDED THAT LESSEE SHALL BE REFUNDED THE UNUSED PORTION OF PAYMENTS MADE BY IT." (ON ITEM #19) " ; j . . ATTACHMENT 4 COMMUNITY CENTER RENTAL RATES CLASS I FI CATI ONS 1. Commercial-Applies to any person, group, or organization in which goods or services are sold. 2, Convention-Applies to all business meetings and associated business entertainment, (Examples: conventions, banquets, sales meetings, seminars, congregations) 3. Social-Applies to general public use, (Examples: private parties, receptions, general public dances where no admission is charged) 4. Local Civic Organizations-Applies to "Randolph area" non-profit or public service clubs, organizations, or groups. A Oaily Base Rate, stated below, shall be charged for the first four (4) hours or fraction thereof, Thereafter, $5.00 per hour will be charged for each additional hour or fraction thereof--_ RATES - BASE RATES Commerc i a 1 Convent ion Social local Civic Organization 1ST 4 HOURS $40.00 $30.00 $25.00 $20.00 EACH ADDITIONAL HOUR Any request, for deviation to the above rates will be approved by the City Manager. $5.00 $5.00 $5.00 $5.00 All organizations are able to contract the Center for a period of six months for the days Monday through Thursday at a reduced rate. For contracts scheduled on Friday, Saturday, or Sunday, the reduced rate will not apply. The initial deposit shall be automatically re-applied to the next scheduled use, Payments may be made in monthly installments, provided it is paid in advance. CONTRACTS Weekly use: t10nthly use: 20% off 10% off DE POS ITS A Sixty ($60,00) dollar deposit shall be required, which is to be added to the Rental Rate. The refund check, minus the assessed charges, will be mailed by the City to the person named on the contract. Cl ean-up: $30.00 will assessed if the area is not cleaned of general 1 itter, This $30.00 clean-up may. also be contracted for in advance, Dama ge : $30.00 covers any damages to the building as mentioned in Sec, 8 of the contract. Cancellations: If a cancellation notice is not received within five (5) business days of the function, a $20.00 penalty will be charged. Otherwise, the whole deposit will be returned, "., .J' ....... . "~~ . .f'.". . .... .,j.-...... u-.... _ ATTACHMENT 2 RENTAL RECEIPT NO. DEPOSIT RECEIPT NO. CONTRACT NO. DATE: RENT AND DEPOSIT (TOTAL) CITY OF SCHERTZ COMMUNITY CENTER RESERVATION APPLICATION NAl1E OF ORGANIZATION OR GROUP:_ ADDRESS: PHONE: NAME OF PERSON FILING FOR RESERVATION: DESCRIBE PROPOSED USE OF THE CENTER: DATES REQUESTED: TIME OF USE: FROM: TO: ESTIHATED ATTENDANCE (NOT TO ECEED 200) HILL TABLES AND CHAIRS BE NEEDED: IF YES, HOW MANY AND IN WHAT ARRANGEMENT: -' CLEANING WILL BE DONE BY LESSEE CITY ONCE TABLES ARE SET OUT, PLEASE DO NOT FOLD OR PLACE TABLES INTO THE STORAGE RACKS '"WITHOUT THE PROPER EQUI PMENT) DOHIG SO HI LL RESULT IN DAt~AGE TO THE T ABL~S. THE REPLACEMENT/REPAIR COSTS WILL BE DEDUCTED FROM THE DAMAGES DEPOSIT. WILL ALCOHOLIC BEVERAGES BE CONSUMED: BEER WILL BE THE ONLY ALCOHOLIC BEVERAGE PERtlITTED TO BE SOLD. STATE REGULATIONS MUST BE OBSERVED. ARE YOU PLANNING TO SELL BEER? IF YES, A TEMPORARY BEER LICENSE WILL BE REQUIRED BY STATE LAW. RENTAL CHARGE DEPOSIT PERSON NAMED BELOW WILL BE RESPONSIBLE TO SEE THAT THE BUILDING IS CLEANED OF LITTER (UNLESS CLEAN-UP IS CONTRACTED FOR IN ADVANCE) AND FOR DAI~AGES. THE DEPOSIT REFUND ~1~~*~~*~~1~~~*r2*r~1~*~~~~Q~~r~1~*!2*~~ri)~~ri~*r~~*~~~~~~~rlQ~*Q~r~************** CHIEF OF POLICE: 658-5321 I NAME(PLEASE PRINT} 1400 SCHERTZ PARKWAY I ADDRESS SCHERTZ, TX 7B154 I CITY;STATE_ SECURITY REQUIRED: i PHONE__, ::,:~m, TO I 51''''"''__----- -- CITY OFFICIAL t CITY OFFICIAL *******************************1***************************************************** i 1 ~ ~ < ; , I I t I 1 I I i APPROVAL OF CLEANING REFUND($30.00} NO YES APPROVAL OF DAMAGES REFUND ($30.00) NO YES REMARKS: (DATE) (CITY OFFICIAL) . ,. ! (CITY' MANAGER) ., . ., . ...\ ','" , . CONTRACT NO. CITY OF SCHERTZ LEASE COMMUNITY CENTER THIS AGREEMENT, MAOE AND ENTERED INTO BY AND BETVJEEN THE CITY OF SCHERTZ, A MUNICIPAL CORPORATION OF THE STATE OF TEXAS, HEREINAFTER CALLED "CITY" AND HEREINAFTER CALLED "LESSEE", WITNESSETH: I. THAT THE CITY AGREES TO FURNISH THE FOLLOWING DESCRIBED SPACE AND PRE/USES LOCATED THE CITY OF SCHERTZ, GUADALUPE COUNTY, TEXAS: COMMUNITY CENTER ATTACHMEt/T 1 .......... - TO 8E USED FOR THE PURPOSE OF At/D FOR NO OTHER PURPOSE ~HTHOUT THE t1RITTEN CONSENT OF THE CITY FOR ^ TERM COM~IENCING (TIME) (MONTH) (DATE) (YEAR) TERMINATING (THIE) (MONTH) (DATE) (YEAR) PURSUANT AND SUBJECT TO THE PROVISIONS OF CITY RESOLUTION 77-R-21 AS ~~ENDED, THE TERMS THEREOF BEING INCORPORATED HEREIN FOR ALL PUROSES. II. THE LESSEE AGREES TO PAY TO CITY FOR RENTAL OF SAID SPACE AND PREMISES:_____ (TOTAL SU/l OF RENTAL RATE AtID DEPOSIT). AND, LESSEE FURTHER AGREES TO PAY TO CITY ON DEMAND ANY AND ALL SUMS WHICH MAY BE DUE CITY FOR ADDITIONAL SERVICES, ACCOUMMO- DATIONS, /IATERIALS, OR DAMAGES, TO THE CITY, TERMS AND CONDITIONS: THIS AGREE/lENT IS /IADE AND ENTERED INTO UPON THE FOLLOWING EXPRESS CONVENANTS AND CONDITIONS, ALL AND EVERY ONE 'OF WHICH THE LESSEE HEREBY CONVENANTS AND AGREES TO AND WITH CITY TO KEEP AND PERFORM. 1. EXTRA HELP. IN CASE IT IS NECESSARY TO EMPLOY OUTSIDE ASSISTANCE IN THE HANDLING OF THE BAGGAGE, SCENERY, OR OTHER PROPERTY OF LESSEE, SUCH EMPLOY/lENT SHALL BE AT THE EXPENSE OF LESSEE. 2. FIRE. IN CASE THE SAID BUILDING OR ANY PART THEREOF, SHALL BE DESTROYED OR DM'IAGED BY FIRE OR BY ANY OTHER CAUSE, OR IF ANY OTHER CASUALTY OR UNFORESEEN OCCURRENCE SHALL RENDER THE FULLFlLUIENT OF THIS CONTI1ACT BY CITY JlIPOSSIBLE" CITY SHALL NOT BE LIABLE OR RESPONSIBLE TO LESSEE FOR ANY DA/IAGES CAUSED THEREBY. PROVIDED THAT LESSEE SHALL BE REFUNDED THE UNUSED PORTION OF PAYMENTS /lADE BY IT. 3. CONTROL OF BUILDING, IN RENTING SAID BUILDING, CITY DOES NOT RELINQUISH THE RI GHT TO CONTROL THE MANAGE/lENT THEREOF, AND TO ENFORCE ALL NECESSARY AND PROPER RULES FOR THE ~lANAGEMENT AND OPERATION OF THE S^"1E,, AND THE E/lPLOYEES OF THE CITY MAY ENTER THE SAllE, AND ALL THE PRE/1JSES, AT ANY T111E AND ON ANY OCCASION. 4. EXHIBITORS. ALL EXHIBITS SHALL BE REMOVED FROM SAID BUILDING BEFORE THE Elm OF THE CONTRACTED TIME. Hl THE EVENT THAT THIS IS NOT DONE, TIllE WILL BE MARKED AS IF IN RENTAL UNTIL THE BUILDING IS RELEASED BY TURNING THE KEY OVER TO THE POLICE DEPARTMENT. ALSO, IN THE EVENT THAT THE SEVERAL PORTIONS OF THE SAID BUILDING ARE NOT VACATED BY LESSEE ON THE ABOVE STATED DATE AT THE END OF THE TERM FOR WHICH SAID PORTIONS OF SAID BUILDING ARE RESPECTIVELY LEASED, THEN CITY IS HEREBY AUTHORIZED TO REMOVE FRO/I SAI D BUILDING AND TO STORE AT THE EXPENSE OF LESSEE, ALL GOODS, I'JARES, /lERCHANDISE, AND PROPERTY OF ANY AND ALL KINDS AND . .-. " .. j, .' .~ ATTACHMENT 1 , description which may be then occupying the portion of said building on which the term of lease has expired, and City shall not be liable for any damages or loss to such goods, wares, merchandise or other property which may be sustained, either by reason 05 such removal or the place to which it may be removed, and the City is hereby expressly released from any and all claims for damages of whatever kind or nature. 5. REMOVAL OF INSTALLATIONS. In the event platforms, stagings or other. structures are erected by Lessee or any of the exhibitors in any portion of the building, the expense of such erection and removal shall be paid by Lessee, and all damage to said building or furnishings, caused by the erection or removal of such platform or stagings shall be paid by Lessee. 6. LAW OBSERVANCE. The Lessee agrees that every employer or agent connected with the purpose for which said buildings is rented shall abide by, conform to, and comply with all of the laws of the United States and the State of Texas, and all the ord~nances of the City together with all rules and requirements of the police and fire departments of the City and will not do, nor suffer to be done, anything on the said premises, during the term of this lease, in violation of any such rules, laws or ordinances, and if the attention of said Lessee is called to such violation, Lessee will immediately desist from and correct such violations. 7. SEATING CAPACITY. In no event shall tickets be sold or disposed of in excess of the seating capacity, .which is 200. 8. NO DEFACEMENT OF BUILDING. Lessee shall not injure or mar or in any manner deface said premises, and shall not cause nor permit anything to be done whereby the said' premises shall be in any manner injured, marred or defaced, nor shall he drive, or permit to be driven, any nails, hooks, tacks or screws, in any part of said building, nor shall he make, or allow to be made, any alterations of any kind therein. Also, Lessee shall be responsible to insure no objects should be placed in the drains, restroom facilities or any other part of the sewer system so that the plumbing needs maintenance or repair. 1 ~ , i , 9. RESPONSIBILITY FOR INJURY. If said premises, or any portion of said building, during the term of this lease, shall be damaged by the act, default or negligence of Lessee, or of Lessee's agent, employees, patrons, guests, or any person admitted to the said premises by Lessee, Lessee will pay to the City, upon demand, such sum as shall be necessary to restore said premises to their present condition. Lessee hereby assumes full responsibility for the character, acts and conduct of all persons admitted to said premises, or to any portion of said building with the consent of Lessee, or by or with the consent of Lessee's employees or any person acting for or on behalf of Lessee, and Lessee agrees to have on hand at all times sufficient police force to maintain order and protect persons and property. 10. seats or exits or AISLES CLEAR. Lessee will permit no other obstructions to be or remain in passageways, and will keep same clear . . .~. ll. NO OBSTRUCTIONS TO SIDEWALKS, ETC. No portion of the sidewalks, entries, passages, vestibules, halls, or ways of access to public utilities of said building shall be obstructed by Lessee or used for any purpose other than for ingress and egress, to and from the premises. The doors, skylights, or openings that reflect or admit light into any place in the building, including hallways, corridors and passageways, shall not be obstructed by Lessee. chairs, movable the entrances, at all times. 12. TAXES. Lessee shall pay all taxes, if any, on tickets or admissions to the premises during the term hereof, and any (2) . , '., , . ,..~.,."..- ::.....,._;,..~. ",;,.,' ..:"'...... . .:.' .: <.:;~ <~.:,;- "ff. ~.J1'~"~ ""-I-t-:"'".. ,,o.:t" ."." '..,.' . : . . . . .. ,. . ............ - ATTACHMENT 1 " license fees antl taxes lawfplly levied against it during the term hereof. 13. INDEMNITY. Lessee will provide the defense for, idemnity and hold harmless from all cost, the City from any and all claims, suits, causes of action, and liability resulting from the presen- tation of any copyrighted work or material or violation of any other proprietory rights, for damages. or:' injuries to any person (s) or damage to property Occasioned by or in connection with Lessee's Use of the premises. 14. LESSEE'S RESPONSIBILITY. Lessee hereby assumes full responsibility for the character, acts and conduct of all persons admitted to said premises or to any portion of said building by the 'consent of the said Lessee, or by or with the consent of said Lessee's employees, or any person acting for and on behalf of the said Lessee, and Lessee agrees at its expense to have on hand at all times sufficient police force to maintain order and protect the persons property, the sufficiency of the type of police force to meet the approval of the Police Chief. lS. ATTORNEY'S FEES. If City is required to file suit to collect any amount owed it under this contract for Lessee's use of the premises, City shall be entitled to collect reasonable attorney's fees which is agreed to be at least lOt of the principal amount. 16. ANTI-DISCRIMINATION. It is understood that the premises are Owned by the City of Schertz, and that any discrimination by Lessee, its agents or employees, on accOunt of race, sex, color, religion, or national origin, in the Use of or admission to the premises is prOhibited. 17. ALCOHOLIC BEVERAGES. Lessee shall not sell or serve any alcoholic beverages or permit them to be sold, served or consumed without prior written consent from the City. If beer is sold, a Temporary Beer License is required. No other forms of alcoholic beverages may be sold. lB. ABANDONED ITEMS. City shall have the sole right to collect and have Custody of articles left in the building by persons attending any performance, exhibition, or entertainment given or held on the premises. If not claimed within 30 days the City shall consider the items abandoned. 19. CANCELLATION BY CITY. Violation by Lessee of any covenant, agreement or condition contained herein shall be cause for termination hereof by City, in which case Lessee shall be entitled only to refund of the unused portion of any payment made by it. In addition, the City may likewise cancel this agreement if the Lessee should, prior to the date of- OCCupancy hereunder, violate any COvenant agreement or condition in any other agreement which the Lessee might have for lease of Community Center facilities. lWritten notice of such can- cellation will be given the Lessee by City Manager) 20. HEADINGS. The paragraph headings contained h~rein are for convenience in reference and are not intended to define, extend, or limit any provisions in the contract. 21. ASSIGNMENTS. Lessee shall not assiqn this lease, nor suffer any use of said premises other than herein specified, nor sublet the premises or any part thereof, without the prior written consent of the City Manage. 22. NO RESPONSIBILITY FOR PROPERTY IN BUILDING. The City assumes no responsibility whatever for any property placed in said bUilding and City 1S hereby expressly released from r~sponsi- bility for any loss of or damage to Lessee's or guest's personal tor o-M~ tV .ell .. . .' .., . . " . . ,. I .~ - ATTACRMENT 1 property that may be susta~ned by reason of the occupancy under this lease, and all watchmen' or other protective service desired by Lessee must be arranged for by Lessee. IN WITNESS WHEREOF, we have affixed our signatures, this day of ,19__ City: Lessee: Name: City Manager Address: Phone: Signature: j '1 , j (4) .-----.--- '. ATTACHMENT 1 .. CO~~UNITY CENTER I NSPECTI ON FORM OK Li gh ts Hallways Ki tchen : NOT CLEAN pA!lAGED Floor Sink Counter Top Restrooms: Ladies Mens Large Room Floor Tables. Cha f rs Bas ketba 11 - Backboard Air Conditioner (Off?)_ G1 ass ~/i ndows 1. Clean- Was the building cleaned of "general 1 itter" wMch should have been picked up by the lessee? Damafes- If there are damages. specify the damage and cost of rep1acementl repa r and subtract from the $30.00 Damages Deposit. z. Remarks: I DO/DO /lOT Recommend refund of Clean-up deposit I DO/DO NOT Recommend refund of Damages deposit. .' Inspectors Signature Time Date Lessee's Signature Time Date OF1=ICE. t <l k;"iehr~ - ... '" ~ u..Q.ooO'\ --- if ~() To: Mayor and City Council ~ '_~j From: city Manager ~~ Subject: Proposed changes to Community Center Rates After our discussion last week and the information described in our February 21 memo on this subject, we have reviewed additional costs such as administrative time, water and sewer cost, and supplies in order to reflect the actual cost of the center operation. Based on the revised outlining proposed new February 26. cost evaluation rates in lieu attached is a memo of those discussed Please note we have revised the original recommendation so as to eliminate the separate charges and classifications for Social ,Commercial and Convention and simply have the same rate for each classification except that of Local Civic ( we currently only have one such organization that is paying under this title) While these proposed rates represent a substantial increase ""':",.f over the current charges our research indicates the new amounts to be near or in line with comparable facilities in the private sector-or those operated by churches,VFW,or Lions club. In as much as charges are frequently waived for most local non profit organizations such as Scouts, school functions, etc it is likely the objections we may receive will come from the one organization that is currently paying only $20.00 per session but uses the facility each week and from those other groups in the City who use the center on a frequent basis and are paying the $25 base and the $5 per hour rate. Admittedly, the out of administrative difficulty soften the effect of the cost. city vs in city rate may that seems to be the only increase and yet attempt to pose an way to recover Please let me know if we may furnish other information. March 5, 1992 Cffz,w ,Gwft - 4 To Mr. Sweatt, City Manager From Mike De Leon, Building Maintenance Superintendent Subject Community Center Fees The following are proposals for Community Center fees applying to Social, Commercial, and Convention rentals : (In City) 50 People or less Maintenance Cost ,utility Cost ' ~.;(;S)J.PJ?I~ cost, ":::' Admin1strat1on Cost ,J~<<.,'. Total Cost First 4 Hours \ ',:' '1 (In City) <Xrer 50 People ;<:;" . .' .-,'." . Miiintenance Cost Utility Cost ~W'J:!SuPJ?l~ Costl . , AdnIJ.n1strat1on Cost '. Total Cost First 4 Hours $ 22.67 $ 33.12 $ 8.89 $ 5.71 $(70.30 $ 41. 70 $ 34.80 $ 8.89 $ 5.71 ~ (Out of City) 50 People or Less Maintenance Cost Utility Cost Supply Cost Administration Cost Total Cost First 4 Hours (Out of City) Over 50 People Maintenance Cost Utility Cost Supply Cost Administration Cost Total Cost First 4 Hours $ 95.27 $ 33.12 $ 8.89 $ 5,71 ~ $ 114.30 $ 34.80 $ 8.89 $ 5,71 063.'70 (1) Proposed Rate # 1 First 4 Hours $75.00 Each Additional Hour : $ 8.50 Proposed Rate # 2 First 4 Hours $95.00 Each Additional Hour: $ 9.00 Proposed Rate # 3 First 4 Hours $150.00 Each Additional Hour: $ 8.50 Proposed Rate # 4 First 4 Hours $l70.00 Each Additional Hour: $ 9.00 Proposed Rate # 5 Base Rate 1st 4 Hours Each Additional Hour Local Civic Organization $ 70,00 $ 8,50 Proposed Rate # 6 Contracted City Clean Up Proposed Rate Cost: $ 47.10 $ 50,00 Proposed changes on written contract : LESSEE IS REQUIRED TO LEAVE 2 TELEPHONE NUMBERS (IF POSSIBLE) IN THE EVENT CITY NEEDS TO CONTACT LESSEE. DELETE "WITHOUT THE PROPER EQUIPMENT" (ON FIRST PAGE OF CONTRACT) DELETE "WITHIN 10 DAYS" (ON FIRST PAGE OF CONTRACT) DELETE , "WRITTEN NOTICE OF SUCH CANCELLATION WILL BE GIVEN THE LESSEE BY CITY MANAGER." (ON PAGE 3 ITEM # 19 OF CONTRACT) ADD "CITY RESERVES THE RIGHT TO CANCEL THIS AGREEMENT AT ANY TIME, e.g. BEFORE, DURING OR AFTER ANY EMERGENCY SITUATION DEEMED BY CITY. AT SUCH TIME NOTIFICATION WILL BE MADE BY TELEPHONE OR MOST EXPEDIENT METHOD AVAILABLE. CITY SHALL NOT BE LIABLE OR RESPONSIBLE TO LESSEE FOR ANY DAMAGES OR INCONVENIENCE CAUSED THEREBY, PROVIDED THAT LESSEE SHALL BE REFUNDED THE UNUSED PORTION OF PAYMENTS MADE BY IT." (ON PAGE 3 ITEM # 19 OF CONTRACT) ., ,~,;...;..: (2 ) ATTACHMENT 4 COMMUNITY CENTER RENTAL RATES CLASSIFICATIONS 1. COMMERCIAL applies to any person, group or organization in which goods or services are sold. 2. CONVENTION - applies to all business meetings and associated business entertainment. (Examples, conventions, banquets, sales meetings, seminars, congregations) 3. SOCIAL applies to general (Examples: private parties, receptions, dances where no admission is charged. public use. general publiC 4 . LOCAL Area" non-profit groups. CIVIL ORGANIZATION - applies to "Randolph or public service clubs, organizations, or RATES A Daily Base Rate, stated below, shall be charged for the first four (4) hours or fraction thereof. Thereafter, $5.00 per hour will be charged for each additional hour or fraction thereof. BASE RATES 1ST ! HOURS EACH ADDITIONAL HOUR Commercial Convention Local Civic Organization $80.00 $75.00 $30.00 $25.00 $25.00 $10.00 Social (in City) 50 People or less $35.00 $10.00 Social (in City) over 50 people $40.00 $15.00 Social (Out of City) 50 people or less $50.00 $25.00 Social (Out of City) over 50 people $70.00 $25.00 Any request for deviations to the above will be approved by the City Manager. ATTACHMENT 4 CONTRACTS All orqanizations are able to contract the Center for a period of six months for the days Monday throuqh Thursday at a reduced rate. For contracts scheduled on Friday, Saturday or Sunday, the reduced rate will not apply. The initial deposit shall be automatically re-app1ied to the next scheduled use. Payments may be made in monthly installments, provided it is paid in advance. WEEKLY USE: MONTHLY USE: 20% OFF 10% OFF DEPOSITS An eiqht dollar ($80.00) shall be required, which is to be added to the Rental Rate. The refund check, minus the assessed charqes, will be mailed by the City to the person named on the contract. CLEAN-UP: $50.00 will be assessed if the area is not cleaned of qenera1 litter. This $50.00 clean-up may also be contracted for in advance. DAMAGE: $30.00 covers any damaqes to the bui1dinq as mentioned in Section 8 of the contract. CANCELLATION: If a cancellation notice is not received within five (5) business days of the function, a $20.00 penalty will be charqed. Other- wise, the whole deposit will be returned. ORDINANCE NO. AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AUTHORIZING THE USE OF THE MUNICIPAL COMMUNITY CENTER OWNED AND CONTROLLED BY THE CITY OF SCHERTZ, TEXAS; SETTING FORTH THE POLICIES, RULES, RENTAL RATES AND LEASE AND RESERVATION AGREEMENTS; PROVIDING A PENALTY FOR VIOLATIONS OF THIS ORDINANCE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE. WHEREAS, the City Council of the City of Texas, determines a need to control the use of the Center by establishing policies, rules rental lease and reservation agreements: and Schertz, Community rates and WHEREAS, there is a need to establish procedurs for modifying and changing the policies, rules, rental rates and lease and reservations agreements to conform with the economy, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION I The lease agreement for the Community Center setting forth the terms and conditions for usage of said Center be incorporated into this ordinance as Attachment #1. The Community Center Reservation Application be incorporated into this ordinance as Attachment #2. The Rules and Regulations for the use of the Community Center be incorporated into this ordinance as Attachment #3. The Community Center Rental Rates and Classification be incorporated into this ordinance as Attachment #4. SECTION II THAT the City Manager review the attachments annually for possible modification and submit recommended changes to the City Council for approval and adoption. SECTION III Any person, firm, partnership, association or persons, or corporation or any agent or employee thereof, who shall violate any of the rules, regulations or provisions of this ordinance, or any part of it. or any portion thereof, by any act either of commission or omission, or cause the same to be done, shall be deemed qui1ty of a misdemeanor and upon conviction thereof shall be punished by a fine in an amount not exceeding $200.00 for each and every violation. Each violation of each part or any part of this ordinance shall be and constitute a separate offense. SECTION IV This 80-M-14 in ordinances ordinance its entirety in conflict. expressly repeals Ordinance No. and all other ordinances or parts of Approved on first reading the day of . 1992. PASSED, APPROVED AND ADOPTED this the , 1992. day of Mayor, City of Schertz, Texas ATTEST: City Secretary, City of Schertz (SEAL OF CITY)