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Home My WebLink About020377 ORD - 07/12/1988TEXAS: AN ORDINANCE AMENDING THE CITY CODE, CHAPTER 36, PARKS, RECREATION, CULTURAL AND LEISURE TIME ACTIVITIES, BY AMENDING SECTIONS 36-1 THROUGH 36-5 AND SECTIONS 36-7 THROUGH 36-8.1 TO PROVIDE FOR AN ANNUAL REVIEW OF RECREATIONAL CHARGES FOR FACILITIES, EQUIPMENT, AND SERVICES, AUTHORIZING THE PARK AND RECREATION DIRECTOR TO ADJUST THE SCHEDULE OF CHARGES WITHIN CERTAIN LIMITATIONS SUBJECT TO APPROVAL OF THE CITY MANAGER, AND AUTHORIZING THE NEGOTIATION OF CHARGES TO EVENTS WITH SPECIAL OR UNUSUAL NEEDS OR REQUIREMENTS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Code, Chapter 36, Parks Recreation, Cultural and Leisure Time Activities, Sections 36-1 through 36-5 and Sections 36-7 through 36-8.1, are hereby amended to read as follows: Sec. 36-1. Administration. The administration and supervision of the Parks and Recreation Department shall be the responsibility of the Director of Parks and Recreation or such other person as may be delegated or assigned such duties by the City Manager. Sec. 36-2. Rental and User Agreements. (a) The Director of Parks and Recreation is empowered to prepare and sign user or rental agreements for the rental of facilities and/or equipment of the Parks and Recreation Department. All user and rental agreements shall be signed by the Director of Parks and Recreation or the City Manager's designee under the following conditions: (1) The form of every instrument used for a particular purpose shall be approved by the City Attorney, provided, however, that this not require the signatory approval of the City Attorney on each document executed pursuant to this section; and (2) All blanks are filled and information is provided as required by the form instrument. Verbal arrangements to rent are not recognized under any circumstances, and this article and the contracts and agreements, shall constitute the whole agreement between the parties and may not be altered unless done so in writing, signed by authorized representatives of both parties. 206HG102.ord 20377 M 1CRUt uvi ED, (b) All agreements shall provide that parties contracting for the use of City facilities or other property shall hold the City harmless from any and all liability for any claim or claims as a result of use of the premises, equipment, or other property and shall indemnify the City in case of any claims resulting from their operations, use, or occurring as a result of their occupancy of the premises or use of property and all agreements shall specifically include such provisions. (c) The Director of Parks and Recreation shall apply any deposit against any amounts owed to the City of Corpus Christi for use of the property/facilities, and the Director may refuse to enter into any agreement until any and all amounts due the City by any applicant or organization, or by any organization which the applicant has represented, have been paid in full. (d) The Director, or his representative or designee, may enter rented facilities for the purpose of insuring that parties comply with the provisions of this ordinance or the applicable agreement. Sec. 36-3. Rental Rates. The Parks and Recreation Director shall prepare a schedule of rental rates for the use of facilities to include, but not limited to, pavilions, shelters, picnic tables, swimming pools, recreation centers, athletic fields, Multicultural Center and the Cole Park Amphitheater. This schedule shall be submitted to the City Manager for approval, and shall be reviewed on an annual basis. Such rates shall bear a reasonable relation to current rental rates charged for use of similar commercial facilities so as to neither be excessive or grossly deficient by comparison, provided however, all such rates, except athletic field rental rates, shall not increase annually by more than twenty-five percent (25%) and rates for organized youth activities shall not exceed a level which would recover forty percent (40%) of the estimated total cost. The approved schedule shall be filed with the City Secretary and copies shall be provided to the City Council. Specific rates, however, may be adjusted at any time, and the Parks and Recreation Director shall have the authority to negotiate special rates for special situations. Sec. 36-4. City -owned Equipment. Unless specifically stated in the agreement, the use of City -owned equipment is not included in the rental of a facility. The Parks and Recreation Director shall prepare a list of City -owned equipment that is available for rent and recommend fees for its use. This fee schedule shall be submitted to the City Manager for approval. Such fees shall bear a reasonable relation to cost and depreciation of such equipment to allow the City to recover the acquisition, maintenance, or replacement costs of such equipment as necessary. The approved schedule shall be filed with the City Secretary and copies shall be provided to the City Council. 206HG102.ord Sec. 36-5. Special Services. The Parks and Recreation Director shall prepare a list of special services that are available to the public. This list, including the recommended fees to be charged, shall be submitted to the City Manager for approval. The approved schedule shall be filed with the City Secretary and copies shall be provided to the City Council. Sec. 36-7. Recreation Fees and Charges. The Parks and Recreation Director shall prepare a list of recreation fees and charges for the public use of tennis courts, swimming pools, recreation centers, athletic fields and other City -owned facilities. Fees for the use of athletic fields shall be charged relative to participation in City -sponsored league play. This schedule of fees and charges shall be submitted to the City Manager for approval, and be reviewed on an annual basis. Such charges shall bear a reasonable relation to current rates charged for similar commercial facilities so as to neither be excessive or grossly deficient by comparison, provided, however, all such fees, but not including adult softball league fees and charges for athletic fields, shall not increase annually by more than twenty-five percent (25%) and fees for organized youth activities shall not exceed a level which would recover forty percent (40%) of the estimate total cost. The approved schedule shall be filed with the City Secretary and copies shall be provided to the City Council. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi by publishing the caption stating in substance the purpose of the ordinance, this ordinance to become effective upon such publication. 206HG102.ord That the foregoing ordinance was read for e first time and passed to its second reading on this the ,2? day of 61.1../J , 19 3 , by the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Clif Moss Bill Pruet Mary Rhodes Frank Schwing, Jr. Mary Pat Slavik Linda Strong That the foregoing ordinance was read for the second�time and passed to its third reading on this the --day of GG� , 19 SS', by the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Clif Moss at4/ Bill Pruet Mary Rhodes Frank Schwing, Jr. Mary Pat Slavik Linda Strong oce/ aei That the foregoing ord anc was read for the third time and passed finally on this the / 0--` Kday of _, 19 F9 , by the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Clif Moss Bill Pruet Mary Rhodes Frank Schwing, Jr. Mary Pat Slavik Linda Strong PASSED AND APPROVED, this the fa0%day of � )Lb..�_ , 19 . ATTEST: City Secretary APPROVED: _20_DAY OF S , 19ET: HAL GES , .ITY ATTORNEY ssistant City 99.044.01 /IAYOR THE CITY OF CORPUS CHRISTI, TEXAS 20377 PUBLISHER'S AFFIDAVIT State of Texas, ] CITY OF C C County of Nueces ] ss: Ad # 53973 Before me, the undersigned, a Notary Public, this day personally came Iris Yap, who being first duly sworn, according to law, says that she is a Senior Accounting Clerk of the Corpus Christi Caller - Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron,, Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Refugio, San Patricio, and Victoria Counties, and that the publication of"NOTICE OF PASSAGE OF ORDINANCE '#20377 "of which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 18TH day of July ,1988 and each day there- after for one consecutive day() ome T ime$ $53.20 Senior Accountt ng Clerk SubscrArd and sworn to before me this _22nd day of July ,1988 i f EUGENIA S. "IRTEZ Notary Publ c, Nueces County, Texas My commission expires on 61.30.89 ING;THE`N CHARGES t I SPECIAL "_ NEEDS — XNCE; Amt The .fathom of said ordinance is aviliabis to thspublic in the I' Office of the City +ecra r. /a/