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HomeMy WebLinkAboutORD 2007-43 - Amending Park Fees41RDINANCE..► ,:• ! • • ' • •iii. GEORGETOWN,! f OF RECREATIONALCODE OF ORDINANCES ENTITLED ""PARKS AN , TO CHANGE THE DEPOSIT SECURITY PROCEDURES, ! HOURS FOROF ! TO MAKE REVISIONS• THE RULEJ AND REGULATION FOR THE GEORGETOWN COMMUNIT WHEREAS, last year the City Council reviewed and revised the fees and charges pertaining to rental of City facilities and made several changes to reflect increases in cost of service associated with use of City parks and facilities; and WHEREAS, since the time that the fees and procedures have been in effect, the City staff has determined that the deposits for damage and cleanup for certain events, especially those involving alcohol and dances and events that run later than midnight, are not sufficient to encourage renters from cleaning up after their event or covering the City's costs for cleaning up after the event, and are not sufficient to encourage renters to comply with the requirement to vacate the premises by midnight; and WHEREAS, in addition, the City staff has found that it is easier for the renters and better for the City if the City is responsible for arranging for security officers to be present at those events where a security officer is required (still at the renter's expense), rather than having the renter arrange for such security officers; and WHEREAS, the City staff has also found that the lottery system in place for booking the Community System is not working well for events that are only one day in length because renters attempt to avoid the lottery system by booking a two-day event (which is not subject to the lottery system) and then canceling one of the days later without penalty, so changes are proposed to attempt to prevent such abuses of the system; and Ordinance No. Park Fees Page 1 of 9 WHEREAS, the City Council of the City of Georgetown finds it to be in the best interest of the citizens of Georgetown to amend the following provisions of its parks and recreation rental fee schedule and procedures to cover the cost of services being provided by the City; and WHEREAS, the caption of this ordinance was printed in the Williamson County Sun on July 18, 2007 in compliance with the City Charter of the City of Georgetown; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF • • SECTION 1. The facts and recitations contained in the preamble of this ordinance are found to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance implements Century Plan Policy End number 9.00, which states, "Parks, open space, recreation facilities and services, and social and cultural activities contribute to an enhanced quality of life for the citizens of Georgetown," and further finds that the adoption of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2. The City Council of the City of Georgetown hereby amends Chapter 12.20 of the Code of Ordinances shown on Exhibit "A" and "Exhibit B" attached hereto and incorporated herein for all purposes as if set forth in full. New text is shown as underlined, and deleted language is shown in str-ikethFeug SECTION 3. This ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City of Georgetown, and this ordinance shall not operate to repeal or affect any of such other ordinances, except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this ordinance, in which event such conflicting provisions, if any in such other ordinance or ordinances are hereby superseded. SECTION 4. If any provision of this ordinance or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect Ordinance No. 17 3 Park Fees Page 2 of 9 without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. SECTION 5. With regard to renters who have reserved a City facility prior to the effective date of this Ordinance, except for the new provisions of Sections 12.20.030(H) and 12.20.050(L), none of the other new provisions shown on the attached Exhibit A and Exhibit B shall apply to such renters and the terms of their rental shall be the same as the terms in existence at the time they booked their event. SECTION 6. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective and be in full force and effect ten (10) days on and after publication in accordance with the provisions of the Charter of the City of Georgetown. PASSED and APPROVED on First Reading on the 24th day of July, 2007 PASSED and ADOPTED on Second Reading on the 14th day of August, 2007, CITY OF GEORGETOWN, TEXAS Im ATTEST: Sandra D. Lee, City Secretary APPROVED AS TO FORM: Patricia E. Carls City Attorney Ordinance No. Park Fees Page 3 of 9 EXHIBIT "A" Sec. 12.20.010. Definitions. "City park" means any property in the City designated as a park, playground, recreational facility, swimming pool or hike and bike path, and shall include buildings, parking lots and driveways in such areas. "U. S. Army Corps of Engineers Park Land" means any property within the City's jurisdictional limits owned by the United States Army Corps of Engineers. Sec. 12.20.020. Use of park facilities. The park facilities, as defined in Section 12.20.010 of this chapter, are open to use by the public on a first-come, first -serve basis with the exception of the Community Center. Exclusive use of all other facilities addressed in this chapter is possible through prior reservation according to the procedures set forth in this chapter and in the "Reservation' section of the "Rental Information' packet that is attached as Exhibit B to the ordinance codified in this chapter, which is on file in the offices of Community Services and the City Secretary. [coG 1 ] Sec. 12.20.030. Rental rates, deposits and fees. Rental rates, deposits and fees for the use of specified public facilities are as follows: A. Georgetown Community Center rental rates (per day): 1 Exhibit "A" to Ordinance No. 01 Park Fees Whole Building 1/2 Building 1/2 Building with Courtyard Monday Friday - Monday - Friday - Monday - Friday - unday Thursday Sunday Thursday Sunday Thursday Resident (Georgetown City $500 $600 $250 $350 $275 $375 Limits) Non -Resident $700 $800 $350 $450 $375 $475 1 Exhibit "A" to Ordinance No. 01 Park Fees Non -Profit (5016) $250 $250 $100 $150 $125 $175 Commercial $800 $900 N/A N/A N/A N/A B. San Gabriel Park rental rates (per day): 1. Area A --Large arbor ... $30.00 2. Area B --Large arbor ... $30.00 3. Area C --Large BBQ pit ... $20.00 4. Area D --Basketball slab ... $20.00 5. Area E --Parking lot ... $20.00 6. Area F --Small Arbor... $25.00 7. Area H- Small BBQ Pit ... $20.00 8. Area G --Small arbor ... $20.00 9. Area j - Small Arbor $25.00 10. Area FG --Flower garden ... $30.00 11. Area Z --Gazebo ... $30.00 C. Approved park land area (per day): 1. Per square foot charge with $10.00 minimum charge ... $0.01 psf D. San Gabriel Park baseball field rental rates: 1. All day field reservation ... $75.00 2. Reservations < 4 hours, per hour ... 15.00 3. Lights per hour ... 20.00 E. San Gabriel, River Ridge or comparable size swimming pool rental rates: Two hour rental, City provides lifeguards 1. Up to 40 people ... $75.00 2. 41--76 people ... 90.00 3. 77--102 people ... 105.00 F. Williams Drive, Tennis Center, Village or comparable size swimming pool rental rates: Two hour rental, City provides lifeguards 1. Up to 40 people ... $110.00 2. 41-- 76 ... 160.00 3. 77 --102 ... 190.00 4. 103 and up ... 230.00 G. Deposits (returnable, subject to procedures): 1. Damage and clean up deposit ... $500.00 2. Damage and clean up deposit for rentals with alcohol or dances . .. $1,000.00 2 Exhibit "A" to Ordinance No. Park Fees 3. Damage deposit will be refunded within two weeks provided all procedures are met including building condition and rental agreement times. H. Additional Fees (not returnable): 1. Security: Security is required for events with live music or a disc jockey; dances; events where alcohol is served. There will be one security officer assigned to the rental. Additional officers may be required at the option of the City Manager. Security will begin at 7 p.m. and end per the rental agreement. The City will collect the fee and arrange the security for each rental. This fee is to be paid prior to the rental date at the rate of cost per hour, per officer, to be determined by actual cost of labor. Renter will be responsible for excess security past the rental agreement time. 2. Additional clean up fees: If damages exceed the amount of the damage deposit, renter will be required to return the rented facility to pre use conditions. Fees to be charged will be for actual direct costs of labor, materials, supplies and equipment. 3. After -Hours Fee. For any event that the renter occupies the facility past midnight, the entire damage deposit will be forfeited. With the exception of New Year's Eve, the building must be vacated by 2 a.m.. Sec. 12.20.040. Rental hours. Rental hours shall be as follows: A. Georgetown Community Center: 1. Sunday through Friday.......... 7:00 a.m. to 12:00 a.m. 2. Saturday.......... 7:00 a.m. to 12:00 a.m. B. San Gabriel Park Gazebo, basketball court and parking lot: 1. Sunday through Friday.......... 8:00 a.m. to 12:00 a.m. 2. Saturday.......... 8:00 a.m. to 12:00 a.m. C. San Gabriel Park softball fields: 3 Exhibit "A" to Ordinance No. Park Fees 1. Sunday through Friday.......... 8:00 a.m. to 12:00 a.m. 2. Saturday.......... 8:00 a.m. to 12:00 a.m. D. San Gabriel Park and Williams Drive swimming pools: 1. Sunday through Friday.......... 8:00 a.m. to 12:00 a.m. 2. Saturday.......... 8:00 a.m. to 12:00 a.m. Sec. 12.20.050. Use procedures. The City shall provide to all rental applicants a written procedure stating the contents of this chapter and the procedural guidelines. The City Manager may require other procedural guidelines and develop information and data forms for clarification and implementation of this chapter. The procedures, at a minimum, shall contain the following: A. Organizations or persons renting the Community Center for dances must rent the whole center. IrcoG2i B. Balance due on facility rental, required deposits, fees and proof of insurance (if required) shall be made and/or documented at least 30 days prior to the reserved date(s). if these are not made, the reservation shall be cancelled and any rental deposits shall be kept by the City as a cancellation fee. C. Representatives of all groups and entities, and any person and entities reserving facilities or park areas shall sign a statement on the rental application indemnifying the City for all personal injuries and property damages incurred from the use and occupation of the facility. d. Facilities addressed in this chapter may be reserved up to one year in advance. E. F. Any user may reserve the Community Center three times each year. Each reservation shall not exceed three consecutive calendar days. G. Alcohol that is available or is consumed at the facilities addressed in this chapter shall be in compliance with the laws of the State of Texas and within the regulations of the Texas Alcohol and Beverage Commission, H. Official use of the Community Center will take precedence over any and all reservations that may be in effect in the event of any emergency as identified by the Georgetown Emergency Operations Management Team requiring the group sheltering of Georgetown citizens or residents from the general area. Such pre-emption shall be 4 Exhibit "A" to Ordinance No. Park Fees without liability to the City for any and all damages that may result from the prior reservation. 1. In the event two or more persons make application for reservation of the Community Center the same day a year in advance, the lottery procedure, as set forth in the "Reservation" section of the "Rental Information" packet that is attached as Exhibit B to the ordinance codified in this section, shall be administered. This procedure shall remain on file for public inspection at the offices of Community Services and the City Secretary. The lottery procedure shall not apply to whole building rentals with a minimum of two consecutive days unless two or more persons make application for reservations of the community center for the same days a year in advance. There are no refunds on cancellations of consecutive day rentals. Renter is liable for a minimum of two or more days rental fees. J. Renter is responsible for setup and cleanup/takedown after the event. Setup cannot commence before 8:00 a.m. and cleanup/takedown must be completed before the end of the reservation period. K. Renters claiming nonprofit status must provide evidence that they are a tax exempt charitable organization by providing copies of the organization's: 1. annual information returns (e.g., Form 990); 2. exempt status application materials; and 3. notice of status under section 527(1) of the Internal Revenue Code. L. In the event that a renter does not follow rental procedures including but not limited to damages and clean-up, the renter will be denied future rentals. Sec. 12.20.060. Prohibited practices. A. Golf Driving Range. It is unlawful to drive, pitch, hit or strike a golf ball in the park except in areas where signs designate an area for such use. B. Bowhunting, Bowfishing. It is unlawful to bowhunt and bowfish within the park boundaries. C. Use of Certain Glass Bottles. No person shall use or possess any glass beverage bottle in City parks. This shall not apply to foodstuffs in glass containers or wine and liquor bottles used in the Community Center. 5 Exhibit "A" to Ordinance No. Park Fees D. Animals and Fowl. Animals or fowl shall not be allowed, at any time, inside the Community Center, unless prior approval is received by the City Manager. The City Manager shall grant approval only when: 1. Assurances for safety of the public are met; 2. Sufficient cleanup, including spraying, is provided for where necessary; 3. The presence of animals or fowl will not create a long-lasting effect on the center. Sec. 12.20.070. Violation --Penalty. Any person violating any provision of this chapter is deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine in accordance with the provisions of Section 1.08.010 of this code. Each and every violation shall constitute a separate offense. Sec. 12.20.080. Jumping or diving from cliff at Blue Hole Park. A. It is unlawful for any person to dive or jump from any cliff or rock face in Blue Hole Park, B. It is unlawful to knowingly, recklessly, or with criminal negligence, cause any person to dive, jump or fall from any cliff or rock face in Blue Hole Park. Sec. 12.20.090. Special Rules for U.S. Army Corps of Engineers Park Land. A. The rules and regulations found in Title 36 United States Code "Parks, Forests, and Public Property," Chapter III U.S. Army Corps of Engineers, Part 327 "Rules and Regulations Governing Public Use of Water Resources Development Projects Administered by the Chief of Engineers," as the same may be amended from time to time, are hereby adopted and incorporated herein by reference for all purposes and are applicable to the U. S. Army Corps of Engineers Park Land. B. City personnel shall have the authority to enforce the rules and regulations adopted by reference in subsection A. of this Section on U. S. Army Corps of Engineers Park Land. 6 Exhibit "A" to Ordinance No. Park Fees PARKS AND RECREATION DEPARTMENTGEORGETOWN COMMUNITY CENTER The City of Georgetown welcomes you and thanks you for your consideration in renting our Community Center. We hope you and your family or group will enjoy a memorable event. If you encounter a facility problem after business hours, on weekends, or holidays, you may callthe designated parks on call pager for assistance. Please remember that the City of Georgetown is not responsible for lost or stolen articles Be sure to remove all personal items brought into the Center, as access to the Center is limited to the date of your event only. 1. RENTAL RATES, DEPOSITS, & FEES: Rental rates deposits and fees for use of the Center have been established by City Ordinance. Rental rates are based on a per day basis. Deposits (returnable, subject to procedures): 1. Damage and clean up deposit ... $500.00 2. Damage and clean up deposit for rentals with alcohol or dances ... $1,000.00 3. Damage deposit will be refunded within two weeks, provided all procedures are met including building condition and rental agreement times. Additional Fees (not returnable): 1. Security: Securityis required for events with live music or a disc jockey; dances; events where alcohol is servedThere will be one security officer assigned to the rental. Additional officers may be required at the option of the City Manager. Security will begin at 7 p.m. and end per the rental agreement. The City will collect the fee and arrange the security for each rental. This fee is to be paid prior to the rental dateat the rate of cost per hour, per officer, to be determined by actual cost of labor. Renter will be responsible for excess security past the rental agreement times. 2. Additional clean up fees: If damages exceed the amount of the damage deposit renter will be required to return the rented facility to pre use conditions. Fees to be chxged will be for actual Whole Building 1/ Building 1/z Building with Courtyard Monday - Thursday Friday - Sunday Monday - ursday Friday - SundayThursday Monday - Friday - Sunday Resident (Georgetown City Limits) $500 $600 $250 $350 $275 $375 Non -Resident $700 $800 $350 $450 $375 $475 Non-Profit(501c3) $250 $250 $100 $150 $125 $175 Commercial $800 $900 N/A N/A N/A N/A Deposits (returnable, subject to procedures): 1. Damage and clean up deposit ... $500.00 2. Damage and clean up deposit for rentals with alcohol or dances ... $1,000.00 3. Damage deposit will be refunded within two weeks, provided all procedures are met including building condition and rental agreement times. Additional Fees (not returnable): 1. Security: Securityis required for events with live music or a disc jockey; dances; events where alcohol is servedThere will be one security officer assigned to the rental. Additional officers may be required at the option of the City Manager. Security will begin at 7 p.m. and end per the rental agreement. The City will collect the fee and arrange the security for each rental. This fee is to be paid prior to the rental dateat the rate of cost per hour, per officer, to be determined by actual cost of labor. Renter will be responsible for excess security past the rental agreement times. 2. Additional clean up fees: If damages exceed the amount of the damage deposit renter will be required to return the rented facility to pre use conditions. Fees to be chxged will be for actual direct costs of labor, materials, supplies and equipment. 3. After -Hours Fee. For any event that the renter occupies the facility past midnight, the entire damage deposit will be forfeited. With the exception of New Year's Eve, the building must be vacated by 2 a.m. 2. RESERVATIONS: The Center may be reserved one year in advance. However, in the event that more than one person requests the center for the same date one year in advance, a lottery drawing will be held. Names willbe taken between 8 a.m. and 12 p.m. and the drawing will be held at 12 p.m. Reservations are for the entire day only, and no partial day rental fees are permitted. The lottery procedure shall not apply to whole building rentals with a minimum of two consecutive days unless two or more persons make application for reservations of the community center for the same days a year in advance. There are no refunds on cancellations of consecutive days rentals. Renter is liable for a minimum of two or more days rental fees 3. PAYMENT: The City of Georgetown requires that you pay $100.00 within two weeks of your application date to assure your reservation. The balance of the rental and deposit is due 30 days prior to your event date. If you decide to cancel, you must inform the City 30 days prior to your event date to assure a full refund of the deposit and rental fee. 4. SET-UP: Renter is responsible for setup and cleanup/takedown after the event. Setup cannot commence before 7:00 a.m. and cleanup/takedown mustbe completed before the end of the reservation period. 5. CLEAN-UP: You are required to do general clean-up, bag all trash and place it in the kitchen area for collection. Trash containers and brooms are provided for your convenience. 6. KEY: You, or a member of your group, may obtain a Center key one day prior to the event. The key should be returned the following business day. Upon return of the key, your deposit will be refunded less damages or clean-up charges. Deposits paid by credit card will be refunded as a credit to the credit card, or if deposit was paid by cash or check, your refund check will be mailed to you within two weeks. 7. INSURANCE: The insurance requirements will be followed if the event requires a City of Georgetown Special Event Permit, 8, ALCOHOLIC BEVERAGES In the State of Texas, any person who provides alcoholic beverages to another may be responsible for the actions of that person, including injuries to persons or property. The City of Georgetown does not assume any responsibility for injuries arising out of any events not sponsored by the City. Individuals should use special care if alcoholic beverages are being served at the event. Additionally, all sales of alcoholic beverages are to be made in compliance with the Exas Alcoholic Beverage Commission For questions concerning the sale of alcoholic beverages and/or obtaining a permit, call the Texas Alcoholic Beverage Commission's Austin District Office at (512) 451-0231. 0 Representatives of all groups and entities, and any person or entity reserving the Center agree to indemnify the City of Georgetown for all personal injuries and property damages incurred from the use and occupation of the facility. • Any user may reserve the Center three times each calendar year. Each reservation shall not exceed three consecutive calendar days. • Official use of the Center will take precedence over any and all reservations that may be in effect in the event of an emergency (as identified by the GeorWtown Emergency Operations Management Team) requiring the group sheltering of Georgetown citizens or residents from the general area. Such pre-emption shall be without liability to the City for any and all damages that may result from the prior reservation. • In the event that a renter does not follow rental procedures including but not limited to damages and clean-up, the renter will be denied future rentals. 10. FACILITY INFORMATION: Hours of Use: 1. Sunday through Friday 7:00 a.m. to 12:00 a.m. 2. Saturday 7:00 a.m. to 12:00 a.m. Size: The building is 139 feet long x 50 feet wide with large courtyard at the east end of the facility, as well as a main entrance at the front. Kitchen: The kitchen is equipped with two stoves, and a large refrigerated cooler. Utensils and cooking equipment (pots and pans) are not provided. Tables: The City provides tables (30"x96"), as well as chairs. Additional tables and chairs are available from local rental agencies. P.A. Systems: The Center's public addresses system includes a built -in -speaker system. A hand held microphone and a podium with a microphone stand are also available. Trash: Garbage bags are supplied along with six large trash cans for clean up. Barbecue Pits: Large pits are available just behind the Center. Heating/Cooling: The Center is centrally heated and cooled and is preset by the Parks and Recreation Department Restrooms: Large, separate restroom facilities are available for men and women. For more information, call Parks and Recreation Administration at 930-3595.