2006M39-Public Use Municipal Facilities
ORDINANCE NO. 06-H-39
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, AUTHORIZING THE PUBLIC USE OF CERTAIN
MUNICIPAL FACILITIES; SETTING FORTH POLICIES,
RULES, RENTAL RATES, AND RESERVATION AND LEASE
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, has determined that there is
a need to establish policies, rules, rental rates, and reservation and lease agreements for
Community Center Central (1400 Schertz Parkway, Municipal Complex Building #3),
Community Center North (3501 Morning Drive), the Civic Center (1400 Schertz Parkway,
Municipal Complex Building #5), and the Civic Center Annex (a portion of 1400 Schertz
Parkway, Municipal Complex Building #5); and
WHEREAS, there is a need to establish procedures for modifying and changing the
policies, rules, rental rates, and reservation and lease agreements from time to time to conform
with the economy, NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
SECTION 1
The following attached documents, identified by Exhibit number, are incorporated into
this ordinance as follows:
Exhibit 1 - Rental Rates and Charges
Exhibit 2 - Reservation Application
Exhibit 3 - Lease Agreement
SECTION II
The City manager shall review this ordinance and the incorporated attachments at least
annually for possible additions and/or modifications 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,
Municipal Facilities Ordn.doc
or any portion hereof, by any act either of commission or omission, or cause the same to be done,
shall be deemed guilty 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 ordinance shall be effective following final adoption hereof and any publication
required by law.
SECTION V
This ordinance expressly repeals Ordinance Nos. 92-M-8 and 99-M-23 in their entirety
and all other ordinances or parts of ordinances in conflict with this ordinance.
Approved on first reading the 1 st day of August, 2006.
PASSED, APPROVED AND ADOPTED this the IS+b day of a~t1tj,ST, 2006.
(SEAL) ~----7 / /7' .
By: "'/~
ayor, City of Schertz, Texas
ATTEST:
Municipal Facilities Orcin. doc
2
EXHIBIT 1
RENTAL RATES AND CHARGES
COMMUNITY CENTER CENTRAL
The Community Center in the central part of the City is located at 1400 Schertz Parkway, Bldg.
#3 in the Municipal Complex. This 2,940 sq. ft. facility has been recently renovated and can be
used as a gym for basketball practice, a hall for receptions or social events, or as a large meeting
room. Kitchen facilities, which include a stove, microwave, refrigerator, and small dishwasher,
are available and a lectern with microphone can be provided. Front and rear parking is available.
RENTAL RATES:
Schertz Resident
Mon- Thur
Fri-Sun
1 hour
additional hours
$60
$5 per hr.
$150
$5 per hr
Non-Resident
Mon- Thur
Fri-Sun
1 hour
additional hours
$120
$10 per hr.
$300
$10 per hr
All lessees must pay a $100 refundable damage deposit or provide proof of insurance.
Security, if required, must be from the Schertz Police Department ($20 per hour per officer).
Churches, governmental entities, groups which are classified as 501(c)(3) organizations and civic
groups which provide a service to the residents of Schertz will receive a 50% discount on the
above rates. If a group uses the facility for purposes of raising funds, 30% of the profits may be
paid in lieu of the fees. This percentage would not exceed 50% of the appropriate rate.
Groups that consist of a membership made up of 65% or a higher percentage of Schertz residents
qualify for the resident rate.
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COMMUNITY CENTER NORTH
The Community Center North is located in the Northcliffe neighborhood at 3501 Morning Drive.
This 2,000 sq. ft. facility can be used as a hall for receptions or social events or as a large
meeting room. Limited parking is available at present.
RENTAL RATES:
Schertz Resident
Mon- Thur
Fri-S un
1 hour
additional hours
$40
$5 per hr.
$100
$5 per hr
Non-Resident
Mon- Thur
Fri-Sun
1 hour
additional hours
$80
$10 per hr.
$200
$10 per hr
All lessees must pay a $100 refundable damage deposit or provide proof of insurance. Security,
if required, must be from the Schertz Police Department ($20 per hour per officer).
Churches, governmental entities, groups which are classified as 501 (c)(3) organizations and civic
groups which provide a service to the residents of Schertz will receive a 50% discount on the
above rates. If a group uses the facility for purposes of raising funds, 30% of the profits may be
paid in lieu of the fees. This percentage would not exceed 50% ofthe appropriate rate.
Groups that consist of a membership made up of 65% or a higher percentage of Schertz residents
qualify for the resident rate.
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CIVIC CENTER
The Civic Center in the central part of the City is located at 1400 Schertz Parkway, Bldg. #5 in
the Municipal Complex. This 7,000 sq. ft. facility can be used as a hall for receptions or social
events or as a large meeting room. The main room can be divided into five meeting rooms for
rental for group meetings. Front and rear parking is available.
RENTAL RATES:
Main room (7,000 sq. ft.):
Schertz Resident
Mon- Thur
Fri-Sun
1 hour
additional hours
$750
$10 per hr.
$1 , 1 00
$10 per hr
N on-Resident
Mon- Thur
Fri-Sun
1 hour
additional hours
$1,500
$20 per hr.
$2,200
$20 per hr
Meeting room 3 (1,426 sq. ft.):
Schertz Resident Mon- Thur Fri-S un
1 hour $150 Not available
additional hours $10 per hr.
Non-Resident Mon- Thur Fri-Sun
1 hour $300 Not available
additional hours $20 per hr.
Meeting room 4 (847 sq. ft.):
Schertz Resident Mon- Thur Fri-Sun
1 hour $75 Not available
additional hours $10 per hr.
Non-Resident Mon- Thur Fri-Sun
1 hour $150 Not available
additional hours $20 per hr.
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1-3
Meeting room 5 (742 sq. ft.):
Schertz Resident
Mon- Thur
Fri-Sun
1 hour
additional hours
$75
$10 per hr.
Not available
N on-Resident
Mon- Thur
Fri-Sun
1 hour
additional hours
$150
$20 per hr.
Not available
Meeting room 6 (2,317 sq. ft.):
Schertz Resident
Mon-Thur
Fri-Sun
1 hour
additional hours
$200
$10 per hr.
Not available
N on-Resident
Mon- Thur
Fri-Sun
1 hour
additional hours
$400
$20 per hr.
Not available
Meeting room 7 (1,866 sq. ft.):
Schertz Resident
Mon- Thur
Fri-Sun
1 hour
additional hours
$200
$10 per hr.
Not available
Non-Resident
Mon- Thur
Fri-Sun
1 hour
additional hours
$400
$20 per hr.
Not available
All lessees must pay a $500 refundable damage deposit or provide proof of insurance for the
main facility, or a $200 refundable damage deposit or provide proof of insurance for meeting
rooms. Security, if required, must be from the Schertz Police Department ($20 per hour per
officer).
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1-4
Churches, governmental entities, groups which are classified as 501(c)(3) organizations and civic
groups which provide a service to the residents of Schertz will receive a 50% discount on the
above rates. If a group uses the facility for purposes of raising funds, 30% of the profits may be
paid in lieu of the fees. This percentage would not exceed 50% of the appropriate rate.
Groups that consist of a membership made up of 65% or a higher percentage of Schertz residents
qualify for the resident rate.
Municipal Facilities Ordn.doc
1-5
CIVIC CENTER ANNEX
The Civic Center annex is part of the Civic Center located at 1400 Schertz Parkway, Bldg. #5 in
the Municipal Complex. This 2,500 sq. ft. facility can be used as a hall for receptions or social
events or as a large meeting room. Two 324 sq. ft rooms can be separated from the main room
for rental for small group meetings. Front and rear parking is available.
RENTAL RATES:
Multi-purpose room:
Schertz Resident
Mon- Thur
Fri-Sun
1 hour
additional hours
$75
$5 per hr.
$150
$5 per hr
N on-Resident
Mon- Thur
Fri-Sun
1 hour
additional hours
$150
$10 per hr.
$300
$10 per hr
Small meeting room 1 or 2:
Schertz Resident
Mon- Thur
Fri-Sun
1 hour
additional hours
$25
$5 per hr.
Not available
Non-Resident
Mon- Thur
Fri-Sun
1 hour
additional hours
$50
$10 per hr.
Not available
All lessees must pay a $100 refundable damage deposit or provide proof of insurance. Security, if
required, must be from the Schertz Police Department ($20 per hour per officer).
Churches, governmental entities, groups which are classified as 501(c)(3) organizations and civic
groups which provide a service to the residents of Schertz will receive a 50% discount on the
above rates. If a group uses the facility for purposes of raising funds, 30% of the profits may be
paid in lieu of the fees. This percentage would not exceed 50% of the appropriate rate.
Groups that consist of a membership made up of 65% or a higher percentage of Schertz residents
qualify for the resident rate.
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EXHIBIT 2
RESERVATION APPLICATION
Municipal Facilities Ordn.doc
2-1
RENTAL RECEIPT NO.
CONTRACT NO.,
DEPOSIT RECEIPT NO.
DATE
RENT & DEPOSIT
CITY OF SCHERTZ
COMMUNITY CENTER RESERVATION APPLICATION
Name or organi~ation or group:
Phonel
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 2001
Will 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. Doing so will result in damage to
the tables. The replacement/repair costs will be deduoted
from the damages deposit.
Will alcoholic beverages be consumed:
BEER will be the only alcoholic beverage 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 Charge
Deposit
Municipal Facilities Ordn.doc
2-2
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 damaoes. The deposit refund will be
mailed to this person after the reservation date.
Chief of Police: 658-5321
PRINTED NAME
1400 So hertz Parkway
Schertz, TX 78154
ADDRESS
CITY. STATE
Security required:
PHONE NOS.
FacUity
SIGNATURE:
From:
To:
City Official
City Official
-
I "lit
APPROVAL OF CLEANING REFUND ($50.00)
NO
YES
APPROVAL OF DAMAGES REFUND ($30.00)
YES
NO
REMARKS:
(CITY OFFICIAL)
(DATE)
(CITY MANAGER)
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EXHIBIT 3
LEASE AGREEMENT
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3-1
CONTRACT NO.
CITY OF SCHERTZ LEASE
COMMUNITY CENTER
This agreement, made and entered Into by and between the
City of Sohertz, Texas, a municipal oorporation of the State
of Texas, hereinafter called "CIty" and
hereinafter called "Lesseed, witnesseth!
I. That the City agrees to furnish the following
described space and premises located in the City of Schert~,
Guadalupe County, TexaSt
COMMUNITY CENTER
to be used for the purpose of
and for no other purpose without the written consent of the
City for a term commencingl
(Time) (Month)
and Terminating
(Day)
(Year)
(Time) (Monthl (Day) (Year)
pursuant and subject to the provisions of
Resolution 77-R-21 as amended, the terms thereof
incorporated hereIn for all purposes.
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,
acoommodations, materials or damages.
City
being
TERMS AND CONDITIONSt This agreement is made and entered
into upon the fOllowing express Covenants and oonditions,
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 assistanoe 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 oasualty or unforeseen
occurrence shall render the fulfillment of this contraot 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.
"
Municipal Facilities Ordn.doc
3-2
Attachment 1 (continued)
3. CONTROL OF BUILDING. In renting said bUilding,
City does not relinquish the riqht 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 oocasion.
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 plaoe 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 Lessee1 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 aqrees 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 CitYI and will not do, nor suffer to be done, anything
on the said premises, durinq the term of this lease, In
violation of any such rules, laws or ordinanoes, and if the
attention of said Lessee is oalled 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.
Municipal Facilities Ordn.doc
3-3
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 1n 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. TAXES. Lessee shall pay all taxes, if any, on
tickets or admissions to the premises during the term
hereof, and any license fees and taxes lawfully levied
against 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.
Municipal Facilities Ordn.doc
3-4
Attachment! (continued)
!4. LBSSEE'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 parson
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. CANCBLLATION 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.
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3-5
Attachment 1 (contlnuted)
20. H~~NGS. The paraqraph head~nqs conta~ned
herein are for convenience in reference and are not intended
to define, extend, or limit any provision in the contract.
21. ASSIGNMENTS. Lessee shall not aasiqn 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 Manaqer.
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
watohmen, or other protective servioe desired by Lessee,
must be arranqed for by Lessee.
IN WITNESS WHEREOF, we have affixed our signatures,
this day of , 19_
LESSEE: CITY:
Name I
Address:
Phone:
or
Siqnature
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3-6
ATTACHMENT 1 (Continued)
COMMUNITY CENTER
INSPECtION FORK
OK
.NQI ~
DAMAGE{)
L.t.Ohts
Hallways
Kitchen:
Floor
Sink
Counter Top
Restrooms:
Ladies
Mens
Larqe Room
Floor
Tables
Chairs
Basketball Backboard
Air Conditioner (off?)
Glass Windows
1. Clean~ Was the buildino cleaned of "oeneral litter"
which should have been picked up by the lessee?
2. Damaqes- If there are damaqes, specify the damaqe
and cost of replacement/repair and subtract from
the $30.00 Damaqes Deposit.
Remarks:
I DO/DO NOT Recommend refund of Clean-up deposit
I DO/DO NOT recommend refund of Damaqes Deposit.
Inspector's Sionature Time Date
Lessee's Siqnature Time Date
+-----+---------+------------------+
I I I I
I I office I I
+-----+ -------+ I
+------+ +------+ I
(rest I I I I
+------+ lkitchen I
Iroom I I I I
+------+ +------+ I
I small I I
I room I I
+---------------+------------------+
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