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Ord. 0892 01-25-99ORDINANCE NO. 892 AN ORDINANCE OF THE CITY COUNCIL. OF THE CITY OF PEARLAND, TEXAS, REVISING THE CLEANING FEE AND DAMAGE DEPOSIT FOR RENTAL OF THE PEARLAND COMMUNITY CENTER AND THE MELVIN KNAPP BUILDING; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION AND FOR CODIFICATION. WHEREAS, the Pearland Community Center and the Melvin Knapp Building have been in operation for over 10 years; and WHEREAS, these facilities provide residents and non-residents a convenient place to enjoy family, friends, and community functions; and WHEREAS, fees must be assessed to maintain and preserve these facilities for present and future Pearland citizens; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the Rules for Reserving the Pearland Community Center and the Melvin Knapp Building (attached hereto as Exhibit "A" and incorporated herein for all purposes), are hereby revised to reflect a cleaning fee and damage deposit of Two Hundred Fifty Dollars ($250.00) for all events. Section 2. Savings. All rights and remedies which have accrued in favor of the City under this Chapter and amendments thereto shall be and are preserved for the benefit of the City. Section 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise unenforceable by any court of competent jurisdiction, such portion shall be deemed a 1 ORDINANCE NO. 892 separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 4. Repealer. All ordinances and parts of ordinances in conflict herewith are hereby repealed but only to the extent of such conflict. Section 5. Codification. It is the intent of the City Council of the City of Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's official Code of Ordinances as provided hereinabove. Section 6. Publication and Effective Date. The City Secretary shall cause this Ordinance, or its caption, to be published in the official newspaper of the City of Pearland, upon passage of such Ordinance. The Ordinance shall then become effective ten (10) days from and after its publication, or the publication of its caption, in the official City newspaper. PASSED and APPROVED ON FIRST READING this the 11th day of January , A. D., 1999. ATTEST: 2 TO REID MAYOR ORDINANCE NO. 892 PASSED and APPROVED ON SECOND AND FINAL READING this the 25th day of January , A. D., 1999. APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 3 4-c-1 TOM RED) MAYOR VOTING RECORD (SECOND AND FINAL READING JANUARY 25. 19991 Voting 'Aye" - Councilmembers Berger, Beckman, Seeger, and Wilkins. Voting -No" - Councilmember Tetens. Motion passes 4 to 1. PUBLICATION DATE : JANUARY 27, 1999 EFFECTIVE DATE: FEBRUARY 7, 1999 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS PARKS AND RECREATION DEPARTMENT RULES FOR RESERVING THE PEARLAND COMMUMITY CENTER AND MELVIN KNAPP BUILDING The Pearland Community Center and Melvin Knapp Building are available for use by public or private organizations when regularly scheduled activities are not in session. The rooms will be reserved on a first -come basis. Following are the rules governing rental of the facility. 1. Any individual, group, or organization may have no more than two (2) reservations on the book at any given time without Park Board approval. Sub -leasing facility is not permitted. 2. APPLICANT SHALL BE RESPONSIBI,E FOR ALL DAMAGES OCCURING DURING THE RENTAL PERIOD. 3. A cleaning fee and damage deposit of $250.00 for all events will be secured over and above the rental fee. If there is no damage to the facility, the security deposit of $125.00 will be refunded. 4. The deposit is required at time of application. All reservations must be paid in full 45 days before the event. 5. Set-up plans must be submitted no later than one week before rental date. 6. Cancellations must be made in writing. Any cancellations made prior to three weeks of the event will result in forfeiture of $100.00 of the deposit. Any cancellations made within three weeks of the event will result in forfeiture of the total deposit. In the event we are able to rental the facility for the cancelled date, we will refund the total deposit. 7. Alcoholic beverages are permitted by prior agreement. Two (2) Pearland Police Officers must be scheduled through the Pearland Police Department if alcohol is to be served. Applicant is responsible for payment of the Police Officers. If alcoholic beverages are to be sold, the appropriate permits must e secured by the rental party from the Texas Alcoholic Beverage Commission, and a copy of the permit forwarded to the Parks and Recreation Department. ALCOHOL MAY ONLY BE COSUMED WHILE POLICE OFFICERS ARE ON DUTY. No alcohol may be consumed before security arrives or after they leave. If policy is violated, Supervisor on duty WILL CALL the POLICE DEPARTMENT. 8. All teen (persons thirteen years and older) events shall be governed by the following rules: A. Alcohol is not allowed at any teen event. B. A minimum of one (1) adult chaperon (twenty-one years of age or older) per twenty (20) teens will be required to be present throughout the event. C. A minimum of two (2) Pearland Police Officers will be required at the event. Additional Police Officers may be required at the discretion of the Parks Director or his designee. D. All teen events must conclude by 11:00 p.m. Sunday through Thursday nights and 12:00 a.m. on Friday and Saturday nights; in compliance with the City of Pearland Curfew Ordinance. E. A responsible person (21 years of age or older) is required to sign the liability agreement guaranteeing against damage to the building. 9. No profanity or fighting is allowed in the building or on the premises. 10. Throwing of rice, confetti, birdseed, and blowing of bubbles, etc., is prohibited with the exception that BIRDSEED AND BUBBLES may be used outdoors. 11. All persons are restricted to the rented area. Supervision of children is the responsibility of applicant. 12. Fire safety must be observed. A. Use of open flames is prohibited. Candles with globes attached may be used. B. Electrical extension cords and decorations must be UL approved. C. Exits, corridors, and hallways must be free of obstruction. Exit doors cannot be locked. D. SMOIU NG IS NOT PERMITTED INSIDE THE BUILDING. E. Building occupancy code is strictly enforced. 13. Garage sales, rummage sales, and flea markets will not be allowed. 14. The City of Pearland shall have the authority to bring in priority functions from time to time, which may necessitate the cancellation of activities previously scheduled. This will only be done, however, on special occasions of extreme importance, and appropriate refunds will be made accordingly. 15. The City of Pearland assumes no responsibility, financial or otherwise, for any commitments, accidents or injuries sustained by individuals or groups while using the Community Center. 16. Any attempt by the applicant to supersede these rules or in any way misrepresent facts to the City of Pearland relative to said rental application, may result in immediate cancellation of the event, and/or forfeiture of all fees and deposits. I have read the aforementioned rules for reserving the Pearland Community Center and Melvin Knapp Building. I understand said rules and agree to abide by them. Date Signature of Applicant CARental Rules/Reservation Rules & Cost