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ORD 653 10/26/2004 ORDINANCE# 6 5 AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS, RESCINDING ORDINANCE NUMBER 586 WITH THIS ORDINANCE WHICH CREATES SPORTS FIELD AND PARK RENTAL POLICY FOR DAILY USE; PROVIDING THAT THIS ORDIANCE IS CUMULATIVE OF ALL OTHER ORDINANCES OF THE CITY NOT IN CONFLICT WITH THE PROVISIONS FOR THIS ORDINANCE; PROVIDNG FOR SEVERABILITY; PROVING FOR SAVINGS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Cibolo is a Home Rule Municipality located in Guadalupe County, Texas, created in accordance with provisions of the Texas Local Government Code and operating pursuant to its adopted City Charter and all applicable laws and enabling legislation of the State of Texas; and WHEREAS,the City of Cibolo will establish new guidelines for the reservation use, and rental of the public recreational facilities and shall apply to all property owned by the City of Cibolo. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO TEXAS.... SECTION 1 That the above and foregoing premises are true and correct and are incorporated herein and made part hereof for all purposes. SECTON 2 ADOPTION That the Ordinance amendments incorporated in Section 3 herein are hereby adopted by the City council of the City of Cibolo, Texas, and rescind Ordinance No. 586. SECTION 3 That Ordinance No. 586 shall be rescinded by the following: POLICY FOR RESERVATION AND USE OF RECREATION FACILITIES All reservations of park facilities use may be confirmed by paying a deposit within 48 hours of making the reservation. Reservations are accepted by phone,(658-9900),mail or walk in Resident: $25.00 per day with an additional $5.00 hr. for lights plus $2.00 hr. for the use of outlets. Residents will pay a deposit of$55.00. Nonresident: $27.00 per day with an addition $5.00 hr. for lights plus $2.00 hr. for the use of outlets. Nonresidents will pay a deposit of$55.00. Meeting Room: Resident: A fee of$60.00 plus $10.00 hr. with a$100.00 deposit and a $10.00 key card deposit. Nonresident: A fee of $66.00 plus $10.00 hr. with $100.00 deposit and a $10.00 key card deposit. Kitchen and Meeting Room: Resident: A fee of $80.00 plus $15.00 hr. with a $150.00 deposit and a $10.00 key deposit. Nonresident: A fee of$85.00 plus $15.00 hr. with a $150.00 deposit and a $10.00 key deposit. Pavilion: Resident: A fee of$40.00 plus $20.00 with outlets and a$30.00 deposit. Nonresident: A fee of$44.00 plus $20.00 with outlets and a$30.00 deposit. Concession: Resident: $10.00 hr. ($30 maximum) with a $50.00 deposit. Nonresident: $11.00 hr. ($33 maximum)with a$50.00 deposit. No driving or parking on grass. No alcohol unless previously approved by the police department. No trailer barbeques allowed in the picnic area or pavilion area that have to be moved in by vehicle. No vehicle allowed beyond barricade posts. SECTION 4 CUMULATIVE CLAUSE That this ordinance shall be cumulative of all provisions of all provisions of the City of Cibolo, Texas, except where the provisions of this Ordinance are in direct conflict with the provisions of such Ordinance, in which event the conflicting provisions of such Ordinance are hereby repealed. SECTION 5 SEVERABILITY That it is hereby declared to be the intention of the City Council of the City of Cibolo that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance should be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of the Ordinances, since the same would have been enacted by the City Council without incorporation in this ordinance of any such unconstitutional phrases, clause, sentence,paragraph or section. counter, 8:00—4:30 Monday thru Thursday and 8:00 until noon on Friday. Reservations will be considered cancelled if the deposit is not received within 48 hours of the time that you first make the reservation. Payments of rental fees for facility use are due by 4:30 p.m.the day before park use. EXCEPTION: For weekend rentals,all fees must be paid by 4:30 p.m.Thursday. Failure to pay rental fees by the agreed time results in the cancellation of your reservation and forfeiture of your deposit. For all reservations of facilities when less than 48 hours remain before use, deposits and fees are due AT TIME OF RESERVATION. Example: If you rent a facility for Wednesday evening use,you must pay the deposit by Monday and pay the fee and collect your permit by 4:30 p.m. on Tuesday. If you reserve the facility for Sunday use, all fees must be paid by 4:30 p.m. on Thursday. CANCELLATION POLICY There will be a full refund of deposit and fees when cancellation occurs by 4:30 p.m. at least three days(or 72 hours)before day of use. This will allow us the opportunity to provide the facility to another user. Deposits will be forfeited if you fail to cancel in writing at least three days prior to your schedule facility use. Examples: If you reserve a facility for Saturday, confirmation of cancellation must to received in writing by 4:30 p.m. Wednesday. If you rent a facility on Sunday, cancellation must occur by 4:30 Thursday. (Fax: 658-1687). You will receive a cancellation confirmation number. DEPOSIT AND FEE SCHEDULE AS FOLLOW: DEPOSIT AND FEE SCHEDULE Ball Park: Resident: Daytime rental/no lights $10.00 hr. —Night rental with lights $20.00 hr. Nonresident: Daytime rental/no lights $11.00 hr. —Night rental with lights $22.00 hr. ***Minimum two (2)hours rental on ball fields Volleyball Court: Resident: Daytime rental/no lights $10.00 hr.—Night rental with lights $20.00 hr. Nonresident: Daytime rental/no lights $11.00 hr—Night rental with lights $22.00 hr. Football/Soccer Fields: Resident: $10.00 hr. (minimum 2 hr. rental) or$40.00 all day. Nonresident: $12.00 hr. (minimum 2 hr. rental) or$45.00 all day. Picnic Area: SECTION 6. SAVINGS That all rights and privilege of the City of Cibolo are expressly saved as to any and all violations of the provision of any Ordinances affecting the park rates, which have accrued at the time of the effective date of this Ordinances; and, as to such accrued at the time of the effective date of this Ordinance; and, as to such accrued violation and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 7 EFFECTIVE DATE That this Ordinance shall be effective upon the approval of the City Council of the City of Cibolo, Texas and the publication of the fees twice in the newspaper of record and AND IT IS SO ORDAINED. PASSED AND APPROVED by a vote of S for to 3 against this 26th day of October, 2004. SIGNED: Uffkil 14\ Charles Ruppert Mayor ATTEST: _. _ ►L • Au� _ v o nne Griffin ii Secrertary