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80-M-14 , . . . ;.. ". ~ ORDINANCE NO. 'iO - /'1-ILJ AN ORDINANCE 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; AND DECLARING AN EMERGENCY. WHEREAS, the City Council of the City of Schertz, Texas, determines a need to control the use of the Community Center by establish- ing policies, rules, rental rates and lease and reservation agreements; and WHEREAS, there i:s a need to estab 1 i sh a procedure for modi fyi ng 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 of persons, or corporation or any agent or employee thereof, who shall violate any of the rules, regu- lations 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 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 L'...'" _ . ___~..L____ _~ ..LL...:!_ ____...__ _____......:........__ _.....J _.__.....&....._ ........ . " " ot . . . t.; ~ CONTRACT NO. ATTACHMENT 1 CITY OF SCHERTZ LEASE COMMUNITY CENTER , This agreement, made and entered into by and between the City of Schertz, a municipal corporation of the State of Texas, hereinafter called "City" and hereinafter called "Lessee", witnesseth: 1. That the City agrees to furnish the following described space and premises located in the City of Schertz, Guadalupe County, Texas; COMMUNITY CENTER to be used for the purpose of and for no other purpose without the written consent of the City for a term commencing (Time) (Month) 'I (n",t-p) (Year) terminating (Time) (Month) (Date) (Year) pursuant and subject to the provisions of city resolution 77-R-2l as amended, the terms thereof being incorporated herein for all purposes. II. The Lessee agrees to pay to City for rental of said space and premises: = (total sum of rental rate and deposit). And, Lessee further agrees to pay to City on d~mand any and all sums which may be due City for additional services, accommodations,materials, or damages, to the City. TERMS AND CONDITIONS: This agreement is made and entered into upon the fOllowing express covenants and conditions, all and every one 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 fullfillment of this contract by City impossible, City shall not be liable or responsible to Lessee for any damages caused thereby, provided tha~ Lessee shall be refunded the unused portion of payments made by it. 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 , . ATTACHMENT 1 description which may be t~en 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 on 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 abtde 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. 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. AISLES CLEAR. Lessee will permit no chairs, movable seats or other obstructions to bp or r",m",in in t-n", =n~~~~~=~ ATTACHMEI!IT 1 license fees anti taxes lawfully 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 o.r"" 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. 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 10% of the principal amoun t . 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. 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 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. Written notice of such can- cellation will be given the Lessee by City Manager. 20. HEADINGS. The paragraph headings contained herein are for convenience in reference and are not intended to define, extend, or . ATTA8RMENT 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__ Lessee: City: Name: City Manager Address: Phone: Signature: i" \ \ \ , , \ \ ' , /~ ATTACHMENT 2 RENTAL RECEIPT NO. DEPOSIT RECEIPT NO. CONTRACT NO DATE: RENT AND DEPOSIT(Total) CITY OF SCHERTZ COMMUNITY CENTER RESERVATION APPLICATION Name of organization or group: Address: Name of person filing for reservation: Describe proposed use of the Center: Dates requested: Time of use: From: Estimated Attendance(not to exceed 200) Will table and chairs be needed: If yes, how many and in what arrangement: Phone: to: Once tables are set out, please do not fold or place tables into the storage racks without the proper equipment. Doing so will result in damage to the tables. The replacement/repair costs will be deducted 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 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 within 10 days after the reservation date. NAME(pl~ase print) ADDRESS PHONE SIGNATURE City Official ----------------------------------------------------------------------- Approval of Cleaning refund($20.00 ) (yes) (no) -/ ATTACHMENT 1 , COMMUNITY CENTER INSPECTION FORM OK .' NOT CLEAN DAMAGED Lights Hallways Kitchen: Floor Sink Counter Top Disposal Unit Restrooms: Ladies Mens Small Room: Floor Tables Chairs Sink area 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 $20.00 Damages deposit. Remarks: I DO/ DO NOT recommend refund of Clean-up deposit I DO/ DO NOT recommend refund of Damages deposit. Inspectors Signature Lessee's Signature bFHtE- ~ , Time Date Time Date ATTACHMENT 3 COMMUNITY CENTER GENERAL INFORMATION 1. A reservation and lease agreement should be turned in five (5) days prior to the function in order to assure adequate preparation of the building by the City. 2. Rental Rate and Deposit information is available at the Municipal Complex (or call 658-7477) 3. The Community Center may be leased from 8:30 a.m. through 2:00 a.m, seven days a week. 4. All lessees of the Community Center will pick up the key at the start of the reserved time from the police dispatcher, and return it immediately at the end of the function. 5. The lessee shall contact the dispatcher to report any damages or disorders that the lessee finds, in order that he will not be held responsible. 6. An employee of the City will inspect the bui~ding after each function to determine if it is clean and/or damaged. After inspecting the building, the City will mail the appropriate deposit to the person listed on the contract. 7. Beer shall be the only alcoholic beverage permitted":to':be$so~d. Other alcoholic beverages may be dispensed at the lessees 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 - 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. RATES A Daily Base Rate, stated below, shall be charged for the first four (4) hours or fraction tbepetif. Thereafter, $5.00.per hour will be charged for each additional hour or fraction thereof BASE RATES ijST 4 HOURS $40.00 $30.00 $25.00 $20.00 EACH ADDITIONAL HOUR $5.00 $5.00 $5.00 $5.00 Cormnercial Convention Social Local Civic Organization Any request'foP'deviations to the above rates will be approved by the Ci ty Manager. 'CONTRACTS 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 DEPOSITS A fifty ($50.00) 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. CLEAN-UP: $20.00 will be assessed if the area is not cleaned of general litter. This $20.00 clean-up may also