80-M-14
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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
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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
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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:
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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
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
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Approval of Cleaning refund($20.00 )
(yes) (no)
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ATTACHMENT 1
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COMMUNITY CENTER
INSPECTION FORM
OK
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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 $20.00 Damages
deposit.
Remarks:
I DO/ DO NOT recommend refund of Clean-up deposit
I DO/ DO NOT recommend refund of Damages deposit.
Inspectors Signature
Lessee's Signature
bFHtE-
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Time
Date
Time
Date
ATTACHMENT 3
COMMUNITY CENTER
GENERAL INFORMATION
1. A reservation and lease agreement should be turned in five (5)
days prior to the function in order to assure adequate preparation
of the building by the City.
2. Rental Rate and Deposit information is available at the Municipal
Complex (or call 658-7477)
3. The Community Center may be leased from 8:30 a.m. through 2:00 a.m,
seven days a week.
4. All lessees of the Community Center will pick up the key at the
start of the reserved time from the police dispatcher, and return
it immediately at the end of the function.
5. The lessee shall contact the dispatcher to report any damages or
disorders that the lessee finds, in order that he will not be held
responsible.
6. An employee of the City will inspect the bui~ding after each
function to determine if it is clean and/or damaged. After
inspecting the building, the City will mail the appropriate deposit
to the person listed on the contract.
7. Beer shall be the only alcoholic beverage permitted":to':be$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.
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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 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