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HomeMy WebLinkAboutO-1991-1783 ., . ORDINANCE NO. 1783 AN ORDINANCE ESTABLISHING A RENTAL FEE POLICY AND SCHEDULE FOR SYLVAN BEACH PAVILION; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; CONTAINING A SEVERABILITY CLAUSE; 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 of the City of La Porte, by this Ordinance, establishes rental fee policy and schedule for Sylvan Beach Pavilion, formerly known as Sylvan Beach Convention Center. City Council has sought to establish rental fees which will cover the operating costs of the facility, with higher fees for days of high usage demand, and lower fees for days of low usage demand, to increase use and access to the facility by all community groups. City Council hereby establishes its firm policy, in fairness to all users, that no waiver of rental fees, discounts from rental fees, or deviations from this published schedule of rental fees, shall be allowed by City Council nor by City Administrative Staff, City Council will review the income and expenses of Sylvan Beach Pavilion, and will make appropriate adjustments to the rental fee schedule as conditions warrant, Section 2. Sylvan Beach Pavilion shall be available for rental, Monday through Sunday, from 8:00 a.m, until 1:00 a.m. Section 3. The rental rates for Sylvan Beach Pavilion shall be based on the day of the week, as follows, to-wit: MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY $400.00 400.00 400.00 450.00 850.00 1,500.00 SUNDAY NEW YEAR'S EVE 750.00 2,000.00 Any non-profit organization which has its principal office in the City of La Porte, that wishes to rent the Pavilion on a Wednesday, other than when it falls on New Year's Eve, will be charged $150,00 upon presentation of proof of their non-profit status. In addition, the Lessee will be obligated to pay an additional $100.00 per hour after 1:00 a.m. No function shall be allowed to continue after 1:00 a,m., unless prior written approval is obtained from the Director of Parks and Recreation or his designee. Lessees requiring additional time for move-in, move-out, or rehearsal prior to or immediately following an event, extending to an additional day or days, will be charged one-half (1/2) of the applicable full time rate. Section 4. It shall be the responsibility of the Director of Parks and Recreation, or his designee, to determine the number of security officers required for each event, and to arrange for such security service. The charge for security service will be $12,50 per hour per security officer and will be in addition to the rental rate; provided, however, the charge for security service on holidays will be $18.75 per hour per security officer, and will be in addition to the rental rate, Section 5, Reservations for use of Sylvan Beach Pavilion may be made either by phone or in person at Sylvan Beach Pavilion or any other place that . . may be designated from time to time, Reservations must be accompanied by a Reservations and Damage Deposit of $200.00. The Reservation and Damage Deposit will reserve the facility for the Lessee until rental payments are made and will provide protection to the Lessor for any damage to Sylvan Beach Pavilion caused by Lessee. Failure of Lessee to vacate premises at the designated hour will subject Lessee to additional fees for rental and security and said additional fees will be deducted from the Reservation and Security Deposit. The Reservation and Damage Deposit will be returned to the Lessee within 15 (fifteen) days after the event. Section 6. Payments of rental fees and security charges shall be made according to the following terms and conditions. 1. At least 180 days prior to the rental date, 50% (fifty percent) on the rental rate shall be due and payable. 2. At least 10 days prior to the rental date, the remaining amount of the rental rate plus the total amount for security charges shall be due and payable. Section 7. Rental dates that are cancelled shall be subject to the following terms and conditions. The Lessee shall provide written notice of the cancellation to the Lessor. The amount of refund is dependent on the date notice is received by the Lessor. Notice Received Amount of Prepaid Rental Rate refunded 90 days before rental date 100% 60 days before rental date 80% 30 days before rental date 40% No refund will be given for cancellations received within thirty (30) days of the rental date. For all cancellations prior to the date of the function, 50% (fifty percent) of the Reservation and Damage Deposit will be refunded and 100% (one hundred percent) of any prepaid security charges will be refunded. Section 8. Rental of Sylvan Beach Pavilion will be subject to reasonable rules and regulations, which shall be promulgated by the Director of Parks and Recreation or his designee, with the approval of the City Manager. The City of La Porte reserves the right to refuse rental of Sylvan Beach Pavilion to any person, firm, or gr~up, for lewd or immoral purposes, or where the activities of such group may reasonably be expected to result in a breach of the peace, or cause a threat to public health or safety. Section 9. The City of La Porte has entered into concession contracts with vendors of food and beverages at Sylvan Beach Pavilion. The City of La Porte reserves the. right to include, in its rental agreements with Lessees of the facility, requirements as to the purchase of food and beverages exclusively from its duly authorized concessionaires, and prohibiting food and beverages from being brought onto the premises by Lessees and their guests. Section 10. Neither the City of La Porte, nor its Lessees, shall make any charge for parking at Sylvan Beach Pavilion, Section 11. If any section, sentence, phrase, clause or any part of any section, sentence, phrase or clause, of this Ordinance shall for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance. and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or any part '!'"' . . thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof may be declared invalid. Section 12. 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 Meeting 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 subject 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. Section 13. This Ordinance shall be in effect from and after its passage and approval. Ordinance No. 1529, passed and approved February 9, 1987, is hereby repealed. PASSED AND APPROVED this the 23 day of September, 1991, CITY "- PORTE By: / f?7N~f>~d.. Norman Malone, Mayor ATTEST: 4. · S~ ~~ City Secretary ~ APPROVED: 1 ~~ I City Attorney