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,
".,
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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
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APPROVAL OF CLEANING REFUND($30.00}
NO
YES
APPROVAL OF DAMAGES REFUND ($30.00)
NO
YES
REMARKS:
(DATE)
(CITY OFFICIAL)
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(CITY' MANAGER)
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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
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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
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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.
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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)
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ATTACHMENT 1
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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
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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:
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'. ATTACHMENT 1
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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
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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.
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Inspectors Signature Time Date
Lessee's Signature
Time Date
OF1=ICE.
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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
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Total Cost First 4 Hours
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(In City) <Xrer 50 People
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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
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(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
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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)
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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)