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HomeMy WebLinkAboutO-1994-1970-A . e ORDINANCE NO. 94-1970-A AN ORDINANCE AMENDING ORDINANCE NO. 94-1970, AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE LA PORTE LIVESTOCK SHOW AND RODEO ASSOCIATION, REGARDING THE USE OF THE LA PORTE LIVESTOCK/RODEO ARENA; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; CONTAINING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subj ect matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. . . ORDINANCE NO. 94-1970-A PAGE 2 section 3. Ordinance No. 94-1970 is repealed. section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 25th day of April, 1994. CITY OF LA PORTE By: ~1,~ Mayor ATTEST: ~-~ Sue Lenes, City Secretary APPROVED: 6&iV6 Knox W. ASkins, City Attorney . e AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE LA PORTE LIVESTOCK SHOW AND RODEO ASSOCIATION REGARDING THE USE OF THE LA PORTE LIVESTOCK/RODEO ARENA WHEREAS, the City of La Porte (the "City") is the owner and operator of the La Porte Livestock/Rodeo Arena (the "Arena") as part of the parks and recreational facilities of the community; and WHEREAS, the City is constructing a structure to cover the existing Arena for year round operations for the benefit of the citizens of La Porte; and WHEREAS, the La Porte Livestock Show and Rodeo Association (the "Association") has contributed funds in the amount of $ 40,000.00, which funds have been matched by the City, toward the construction of the Arena; and WHEREAS, the Association has agreed to continue contributing to the cost of construction in the amount of $ 10,000.00, with matching funds from the City, per year until the capital costs for the initial construction of the arena cover has been repaid; and WHEREAS, the City wishes to recognize the funding that has been provided by the Association; NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That in consideration of the mutual covenants, agreements and benefits to both parties, it is agreed as follows: I. The City will manage all operations, rentals, and reservation business regarding the Arena. The City will assume responsibility for maintenance of all structures at the Arena. The Association will be responsible for maintenance of all fencing and pens in the Arena area either existing or in the future. All fencing and pens purchased by the Association remain the property of the Association. The Association agrees to the use of the arena fencing and pens by the general public during Open Use periods and by private parties using the Arena on a rental basis. This use will be at no cost to the City. A deposit will be required of all rental parties which will cover any damage to the facility or arena fencing. All revenue generated by the rental of the facility will be used to offset the City's cost of operating and maintaining the facilities. All excess revenues will remain property of the City. . e II. In recognition of the Association's contribution to the construction of the covered facility, the City will provide to the Association thirty (30) rental days at no charge per caJendar year. These dates, booked by January 15th each year, will include no more than fifteen (15) of those dates scheduled on Saturdays. The balance of free days may involve any day of the week other than Saturday. Should the free dates not be booked by January 15th each year, the dates will then be booked on a " First Come, First Served" basis. Should the Association wish to utilize the Arena on dates other than the specified thirty days, they may do so at the daily rate established for other rentals, provided no rental has been accepted for that date. The City reserves the right to set dates for open use of the arena. III. The Association shall have the non-exclusive right to sell advertisements, with prior approval of the City, within the confines of the Arena. All proceeds from such sales will belong to the Association. All advertisements will be constructed in accordance with the standards developed by the City and the Association regarding dimensions, materials and locations. The City reserves the right to refuse advertisements which conflict with City policies. The City reserves the right, at the City's sole discretion, to remove any advertisements that are not adequately maintained or fail to meet the requirements of City ordinances and/or sign regulations. The City's lessees, other than the Association, shall have the right to erect temporary signs for their events which temporary signs shall not cover the Association's signs. IV. Permits for alcoholic beverage sales will be governed by applicable State law and prevailing City ordinances. Alcohol sales and consumption will be confined to the area designated by the City but to generally include only the Arena and the areas used for special functions held in conjunction with the rental of the Arena. No alcoholic beverages will be permitted to be carried out of that designated area. All applicable state and local regulations regarding the sale and consumption of alcoholic beverages will be strictly observed. V. The Association agrees to fund, in whole, all construction, labor, and material costs for the renovation of the existing arena fencing made or agreed to by the Association Board of Directors. All construction performed by, or at the direction of the Association must be approved by an authorized City representative prior to the start of construction. Any additions or improvements made at the facility must be approved by the City and must meet all applicable City codes and regulations. Any required construction permits must be obtained by the Association prior to start of construction. . e VI. Use of the facility by the public will be limited to those times designated as Open Use by the City or when the facility is not being utilized by the Association, either on one of the above authorized dates or by an authorized rental agreement, or by any rental party. VII. The Association shall indemnify and hold harmless the City, its officers, directors, agents, and employees from and against any and all claims, damages, losses, expenses, and liabilities, including attorney's fees which may be asserted against or incurred by the City arising, directly or indirectly, from any activities conducted or services performed by the Association under this agreement, or from any event occurring on the premises owned by the City during any period in which activities are being performed, conducted, or sponsored on the premises by the Association. The City shall indemnify and hold harmless the Association, its officers, directors, agents, and employees from and against any and all claims, damages, losses, expenses, and liabilities, including attorney's fees which may be asserted against or incurred by the Association arising, directly or indirectly from any activities conducted or services performed by the City under this agreement, or from any event occurring on the premises owned by the City during any period in which activities are being performed, conducted, or sponsored on the premises by the City. VIII. The Association shall keep and maintain during the term hereof, a comprehensive general liability policy, with the City named as an additional named insured, with limits of liability of not less than five hundred thousand dollars ($500,000.00) combined single limit bodily injury and property damage per occurrence. The Association shall furnish the City with a certificate of insurance evidencing such coverage. Such insurance shall include contractual liability insuring the indemnity agreements contained herein. IX. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any representations or modification:; concerning this agreement shall be of no force or effect excepting a subsequent modification in writing signed by all parties hereto. X. This agreement will be in force for a period of thirty (30) years. The Association agrees to pay to the City an annual amount of ten thousand dollars ($10,000.00), payable on or before the 31st day of October, until all capital costs of the construction are retired. By agreement of both parties, this agreement may be extended for the necessary period of time to fund any future construction or renovation at the arena site. If the Association is late with a payment, . . .,;: the City will give written notice of default and allow the Association thirty (30) days to make restitution. Should the Association fail to make restitution this agreement will be null and void. Ownership of the arena fencing and pens will remain with the Association. IN TESTIMONY WHEREOF, this instrument has been executed in duplicate counterparts, each to have the effect of an original as follows: (A) It has been executed on behalf of the City on the ~ "-Ii day of -.Am....; I , 1994, by its City Manager and attested by its City Secretary, ~uant to an Ordinance of the City Council of the City of La Porte, authorizing such execution; and (B) It has been executed on behalf of the Association on the ;Jt,f( day of ~__, 1994, by its President and attested by its Secretary, pursuant ~ from the Board of Directors of the La Porte Livestock Show and Rodeo Association, authorizing such execution. , '. ~ ..:. ; / /' CITY OF LA PORTE , .... ...-;. ~ By: ~~ -r: ~ Robert T. Herrera, City Manager AITEST: ~ ~. Sue Lenes, City Secretary LA PORTE LIVESTOCK SHOW AND RODEO ASSOCiATION ~' ~ By: t()~AJ^- Dee WIllIamson, PreSIdent Kt=~~ ~ Donna Lynn 11 hamson, Secretary