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HomeMy WebLinkAboutResolution No. 2017-002RESOLUTION NO. 2017- e)Oz, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AMENDING THE BUILDING USE POLICY, A COPY OF WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "A", REGARDING CITY FACILITY SPACE FOR RENTAL AND LEASE; PROVIDING FOR THE USE OF ALCOHOLIC BEVERAGES IN CERTAIN CITY FACILITIES WITH APPROVED PERMITTING FROM THE CITY AIND TEXAS ALCOHOLIC BEVERAGE COMMISSION; PROVIDING A REPEALER CLAUSE; AND PROVIDItiG AN EFFECTIVE DATE. WHEREAS, the City of The Colony City Council finds it in the best interest of the city to amend the Building Use Policy for the purpose of regulating city facility space for rental or lease; and WHEREAS, the City Council desires to allow alcohol use in certain city facilities under approved permitting guidelines. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THAT: Section 1. That the Building Use Policy, which is incorporated herein as Exhibit "A", is hereby adopted for the purpose of regulating rental and lease space in city facilities. Section 2. That all provisions of any resolution of the City Council of the City of The Colony in conflict with the provisions of this resolution be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this resolution shall remain in full force and effect. Section 3. This Resolution shall take effect immediately from and after its adoption and it is so resolved. PASSED and APPROVED this 17th day of January, 2017. TT ST: Tina Stewart, City Secretary VED AS TO Jeff Moore)City Attorney y OF T�{ C SEAL •PE X A City of The Colony Building Use Policy As adopted February 15, 2011 and as amended on January 17, 2017 I. City of The Colony Building use Purpose a. The use of any building owned by the City of The Colony and available for lease is subject to the discretion of the City of The Colony and the City Council. b. The use of any building owned by the City of The Colony and available for rent is subject to the discretion of the City of The Colony and the City Manager. c. The number of attendees of each event shall be limited by that building's capacity requirements provided by local and state law. d. Free use of a building owned by the City of The Colony may be granted subject to the approval of the city manager. e. Authorization of free use of a building owned by the City of The Colony will be based on the party requesting authorization, building, or building space availability, and the nature of the event to be scheduled. II. Renting Requirements a. With respect to the building use policy and the interpretation of the City of The Colony; the term "Rent" is defined as the act of a party using a City of The Colony owned building for temporary use in exchange for a fee. b. With respect to the building use policy and the interpretation of the City of The Colony; the term "Temporary" is defined as use of a building not to exceed 1 fiscal year (October -September 31). c. At the City Manager's discretion and depending on the nature of the event being held or the number of attendees, the City of The Colony reserves the right to require an off - duty police officer employed by the City of The Colony be present and paid for by the renting party. d. Events may require one or more City of The Colony off - duty police officer(s) to be present. The number of officers required will be determined by The Colony Police Department. e. The cost of a City of The Colony off - duty police officer or officers will be paid for by the renting party. f. Similarly, depending on the size and the nature of the event and the building being rented, more than one staff member may be required at an additional fee to be paid for by the renting party. Events of 100+ people require one staff member to be present. Events of over 100 people may require two staff members to be present at the event. g. Events that will have less than 100 attendees present will require a staff member to be present to unlock the facility for the renting party and to lock the facility upon conclusion of the event. 1 h. Youth - oriented events require a minimum of one person of at least 21 years of age for every 15 people under the age of 18. i. At the City Manager's discretion and depending on the nature of the event, the City of The Colony reserves the right to require liability insurance covering the event and naming the City of The Colony as additional insured. III. Lease Requirements a. The lessee as named per the lease agreement shall have exclusive use of the named space to be leased and shall not sublet any space owned by the City of The Colony. b. With respect to the building use policy and the interpretation of the City of The Colony; the term "Lease" is defined as a contract granting the temporary possession and use of an available building or building space owned by the City of The Colony at an agreed lease term that meets one fiscal year (October 1—September 31) in exchange for compensation at a fixed rate agreed upon by both parties. c. The City of The Colony will be responsible for the maintenance for the leased building or building space with respect to structural repair, electricity, existing lighting, water service, and sewer service. d. The tenant shall not alter the building or building space appearance or structure without written permission from the City Manager. e. The tenant shall be responsible for providing all the cleaning supplies required to clean the facility. f. If building alteration is approved; the tenant will be responsible for returning the building or building space to its original appearance upon termination of the lease. g. Alteration includes, but is not limited to, painting of the walls or ceilings, light fixture replacement, flooring, or removal of any machinery or equipment. IV. Lease Request Procedure a. Lease request forms are made available online at the City of The Colony website www.thecolonytx.gov and the City of The Colony Library located at 6800 Main St. The Colony, TX 75056. b. Building or building space lease request forms are to be submitted to city staff no less than 2 months prior to the anticipated building or building space usage. c. Lease request forms must be completed by an adult of 21 years of age or older. d. Schedule of use must be included with the lease request form. e. The City of The Colony reserves the right to utilize any leased space not being used at a specified time as named by the lessee in the schedule of use supplied to the City. f. The lease request form shall be completed by the individual requesting the space to be leased The form must be completed with the signee's name, contact information, explanation of need for building or space of interest, and statement of purpose. g. Name and contact information must be noted on the lease request form for all responsible persons in the organization leasing the building or building space. h. An additional 20% of the lease term amount will be paid up front upon the agreement of both parties to the lease terms in the form of a maintenance deposit. The maintenance deposit is required of any group, individual, or organization wishing to lease one of the available buildings or building spaces owned by the City of The Colony. I. Ex: 1. Lease Rate = $150 monthly 2. Oct. 1— Sept. 31 = 12 months 3. (12)(150) _ $1,800.00 4. (.20)(1800) _ $360.00 L The additional 20% charge will be returned to the group, individual, or organization by mail within one week of termination upon successful inspection by staff. j. If it is discovered during inspection by staff that damage has occurred during the lease term, the leasing party will be held responsible for the repair balance remaining after the 20% maintenance deposit has been applied. k. Lease agreements are not secured until agreed upon by the City of The Colony, City Council and the leasing party. I. Upon the securing of the lease agreement, the lessee will be given two keys to the leased space. The named lessee per the agreement shall be responsible for the two keys provided by the City of The Colony and shall return them the day of the lease termination. m. The leasing party, person or persons as named on the lease agreement shall be the sole users of the keys provided for the leased space. A third party is not authorized to have access to the keys provided. n. Additional keys provided by the City of The Colony for the agreed leased space are provided subject to the number of named responsible persons as noted on the lease request form and lease agreement. o. Available space for lease is currently limited to two spaces located at Municipal Building #5, 6301 Main Street, The Colony, Texas 75056. p. Rental space at Municipal Building #5will be subject to availability and shall exclude the two spaces available for lease. q. Leases granted will be partially based on past use of city owned and operated facilities by the requesting party. V. Rental Request Procedure a. Rental request forms are made available online at the City of The Colony website www.thecolonvtx.gov and the City of The Colony Library located at 6800 Main St. The Colony, TX 75056. b. Building or building space rental request forms are to be submitted to city staff no less than 14 days prior to the event and no more than 6 months before the event is scheduled to occur. c. Rental request forms must be completed by an adult of 21 years of age or older. d. The rental request form shall be completed by the individual reserving the space to be rented. The form must be completed with the signee's name, contact information, and the maximum number of persons expected to attend. 3 e. If the person requesting the space to be rented does not anticipate attending the event noted in the request form; a representative's name and contact information must be noted on the form, accompanied by the representative's signature, and the representative must be present at the event to be scheduled. f. There will be a $200 maintenance deposit required from any group, individual, or organization wishing to rent one of the available buildings or building spaces owned by the City of The Colony. The money will only be deposited by the City for the repair of any damages, misuse, or neglect of the facility during the individuals, groups, or organization's usage. Upon satisfactory inspection of the facility by city staff following the conclusion of the event, the maintenance deposit will be returned to the group, individual, or organization by mail within one week of the conclusion of the event. g. The renting organization, group, or individual will be held responsible for any repair expense incurred which shall exceed the $200 deposit as a result of damage to the facility. h. There is a minimum rental of three hours for every building or building space owned by the City of The Colony available for rent. Fees must be paid in full at the time the rental reservation is made. Reservations are not secured until full payment has been received. VI. Cancellation Policy and Additional Fees a. Cancellations must be made a minimum of 48 hours prior to the scheduled event. b. On a cancellation made 48 hours prior to the event taking place; the renter as noted on the rental request form will see a return of their deposit by mail within one week of their cancellation. A 20% fee will be charged for cancellations made within 48 hours of the scheduled event. c. Reservations cannot be changed once full payment has been received. d. There will be a penalty for exceeding the time agreed upon as stated on the rental agreement. Depending on the building being rented and the hourly rate, a penalty may be applied, not to exceed, one and a half times the hourly rate for every fifteen minutes past the agreed ending time of the event. VII. Lease Cancellation Policy a. If the lessee chooses to terminate the lease prior to the lease ending date as per the agreement by both parties; they must submit their request no later than 30 days of their expected move out date and will be charged for the month following the lease termination. b Similarly, at the City Manager and City Council's discretion; the City of The Colony reserves the right to terminate the lease with 30 days written notice given in the event that the lessee fails to adhere to the terms of the lease contract or the City of The Colony exercises the option not to renew the lease. Reimbursement to the lessee will depend on the circumstances of the lease termination and will be at the discretion of the City Manager and City Council. VIII. Cleaning the Facility 4 a. Cleaning the facility is the responsibility of the renting or leasing party.The f ility must be cleaned and equipment replaced to its original location prior to the ev t ending time as noted on the rental agreement. The responsible party must review the condition of the facility with the city staff member prior to and after the function. b. If it is discovered upon staff inspection by the end of the specified ending time of the event as noted on the rental agreement that the facility and facility grounds have not been cleaned; the renting party will forfeit their $200 maintenance deposit. c. Litter created by the renting party must be removed from the facility. IX. Building/Equipment and Damage Fees a. Damages to the building or its contents must be reported to the city staff contact immediately, regardless of cause. b. Damage to the building or its contents can result in a forfeiture of the renting party's $200 maintenance deposit. c. Equipment shall not be removed from the facility. d. There shall not be any decorations on the walls of any rented facility. This includes but is not limited to hanging decorations that would require nails or pins. Decorations on the walls are permitted if existing hardware is used. X. Alcoholic Beverages and Smoking a. There is no smoking allowed within 15 feet of the entrance of any building, or inside of any building owned by the City of The Colony. b. Possession, sale or service of alcohol shall only be permitted inside of city facilities by obtaining a special event permit, a permit from the city manager or his designee and, if required, a temporary permit or license from the Texas Alcoholic Beverage Commission in compliance with State Law. c. Events at which alcohol will be present shall require one or more City of The Colony off - duty police officer(s) to be present. Officers will be at the sole cost of the renter, unless waived by the city manager or his designee. The number of officers required will be determined by The Colony Police Department. d. No alcohol is allowed in the Recreation Center at anytime. XI. Outside Vendors or Services a. Outside vendors that are hired by the renter to provide services at the event as noted on the rental agreement must be approved by city staff a minimum of 7 days before the event is scheduled to occur. b. The City of The Colony shall not be held liable for services rendered by an outside vendor hired by the renting party. 5