R-2934-7-10RESOLUTION NO. 2934-7-10(R)
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE POLICY FOR THE USE OF THE ALLEN
PUBLIC LIBRARY CMC AUDITORIUM BY MEMBERS OF THE PUBLIC AND
LOCAL ORGANIZATIONS; DELINEATING RULES AND RESPONSLBILITIES;
PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council wishes to encourage the use of the Civic Auditorium for programs of a civic,
cultural, educational and non-profit nature; and,
WHEREAS, the City Council finds the Civic Auditorium to be an appropriate space for public meetings and
programs; and,
WHEREAS, the City of Allen wishes to provide a defined policy dealing with the use of the civic auditorium.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. The City Council hereby amends the policy attached hereto as the "Policy for the Use of the
Civic Auditorium" for the administration of Civic Auditorium use by members of the general public.
' SECTION 2. All provisions of any resolution of the City of Allen, Texas, in conflict with the provisions of
this resolution be, and the same is hereby, repealed, and all other provisions not in conflict with the
provisions of this resolution shall remain in full force and effect.
SECTION 3. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this resolution
be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining
portions of said resolution which shall remain in full force and effect.
SECTION 4. This Resolution shall become effective immediately upon its passage.
DULY PASSED AND APPROVED BY THE CITY COUNCIL. OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 27m DAY OF JULY, 2010.
APPROVED:
AQM�,--
Stephen eraell, MAYOR
ATTEST:
' Shelley B. George, SECRETARYO
Allen Public Library Civic Auditorium
Use Policies and Procedures
' SECTION 1. PURPOSE
The Allen Civic Auditorium is designed as a community -gathering place that seeks to educate, entertain and
foster creative expression through the arts. As a civic auditorium, The City strives to enrich the lives of all
residents and to contribute to the quality of life and vitality of the entire community. While priority for usage
of the auditorium will be for library and City purposes, the Allen Civic Auditorium will be made available in
the manner set forth by this policy and in a manner consistent with the mission of the City of Allen.
SECTION 2. OPERATIONAL HOURS
a) The operational hours of the Civic Auditorium shall be 8:00 a.m. to 11:00 p.m. Monday
through Saturday, 1:00 p.m. to 9:00 p.m. on Sunday.
b) The City of Allen facilities will be closed and unavailable for rental on approved City
Holidays.
SECTION 3. RESERVATIONS
a) The Director of the Allen Public Library shall have overall responsibility for reservations
and room use and shall provide a contract to be filled out by groups or organizations desiring
to use the auditorium. The Library Director may also delegate authority to approve the
application for use in accordance with this policy.
' b) Building reservations and other ordinary business transactions shall be conducted during
normal business hours.
c) Auditorium reservations must be made in person and by a person twentyone (21) years of
age or older.
d) Reservations may not be made more than ninety (90) days in advance and must be made at
least one (1) calendar month in advance. Persons and organizations are limited to
reservations of no more than one (1) per calendar month by any individual or organization.
Exceptions, such as multiple performance events, are at the discretion of the Library Board
or the delegated authority. Groups requesting reservations further than ninety (90) days in
advance may do so at the discretion of the Library Board.
e) All reservation requests shall be confirmed by written contract signed by the Library Director
or other designated library staff and by an authorized representative of the requesting person
or group.
t) Reservations shall not be considered firm until said contract(s) are completed and advance
moneys are received.
g) A contract shall not be signed by the Library Director until the Lessee has provided all
necessary information to determine the specific arrangements and services required for the
' event.
h) The person who signs the contract, or their designated representative, shall be present at the
time of the scheduled event(s). The organization or person named as Lessee, or their
Resolution No. 2934-7-10(R), Page 2
designated representative, on contract shall be available to the City staff in the event that a
problem or question should arise.
' i) These policies are incorporated by reference into all Civic Auditorium contracts. In the event
of conflicts, the signed contract shall take precedence.
j) The contract will include a list of all persons authorized to act as a designated representative
for the Lessee.
k) Reservation shall be scheduled on an hourly basis, with a two-hour minimum, and shall
include all rehearsal, performance, and move -in and move -out time.
1) No Lessee having a confirmed reservation shall rotate, exchange, trade or otherwise alter its
designated hours with another person or organization having a confirmed reservation without
first receiving permission from the Library Director or designated authority.
SECTION 4. CANCELLATION OF RESERVATION
a) If cancellation of an event is not made at least fourteen (14) calendar days in advance of the
scheduled event, then the Lessee shall forfeit all deposits or advance moneys previously paid.
SECTION 5. FEES AND CHARGES
a) Advance Fees
L
The Library Director shall have the authority to collect from all Lessees, in advance,
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one-half (12) the total contract rental fee and the entire security deposit.
2.
Refund of advance fees will be made under the following conditions:
i. The reserving party gives notice of cancellation at least (14) calendar days
prior to the date reserved.
ii. When it is mutually agreed that it would be advisable and in the best interest
of all concemed to cancel the event.
3.
The Security Deposit shall be used to pay for any damages to the building or
equipment incurred as a result of the Lessee's use of the premises.
b) Rental
Fees
1.
The rental fee for use of the Civic Auditorium shall be determined according to fee
schedules and user categories approved by the City Council.
2.
The Library Director shall determine the appropriate category, fee schedule, and
rates for all Lessees.
3.
Balance of contractual rental fees shall be due on or before the date of the scheduled
event(s). All extended occupancy fees, and miscellaneous fees and charges shall be
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due and payable at the Allen Library by 5:00 p.m. the working day previous to the
occupancy period.
Resolution No. 2934-7-]0(R), Page 3
4. Allen based non-profit or service club rate as referred to in the Schedule of Fees and
Charges shall apply to organizations or clubs who are based in the City of Allen and
' chartered through a nationally recognized organization providing community service
for the citizens of Allen and surrounding communities.
5. A non-profit rate as referred to in the Schedule of Fees and Charges shall apply to
organizations that have been recognized by the hnernal Revenue Service as tax
exempt under Section 501 (c) (3) of the haemal Revenue Code.
6. A commercial rate as referred to in the Schedule of Fees and Charges shall apply to
all for-profit entities, including businesses, corporations and other general, public
users.
7. Depending on the circumstances and/or availability of personnel, occupancy periods
outside the stated operational hours may be permitted at the discretion of the Library
Director and may be subject to a higher rate as specified in the schedule of fees and
charges.
c) Other Fees and Service Charges
I. Security Deposit. To secure Lessee's obligation to pay the cost of (a) repair or any
damages done to the premises, furnishings, or equipment of the auditorium, (b)
replacement or any damaged or destroyed auditorium furnishings, equipment chains,
partitions, portions of the floor, etc., and (c) any Additional Charges for any
additional time, services, accommodations, equipment or materials, due and payable,
Lessee shall provide Lessor a security deposit in an amount determined by the
Manager (the "Security Deposit") due at the time of reservation.
2. Overtime charges are incurred when any part of a group remains in the building after
their reserved time. The overtime charges are cost per hour, pm -rated for every 15 -
minute period, and may be deducted from the security deposit. The overtime charge
will amount to twice the hourly rate charged.
Individuals or organizations requiring the use of the theatrical lighting or sound
system above and beyond basic lighting and sound set-up must pay a per hour rate
for AudioNisual Technicians. Lessee must notify the library at the time of the
reservation if the event will require AN Technicians. Reservations will be
considered tentative until an AN Technician is confirmed for the event. If deemed
necessary, mom than one AudioNisual Technician will be used for the event(s).
Performing arts groups or others with AN expertise may operate the equipment
upon demonstration of ability to operate said equipment.
SECTION 6. PRIORITY FOR USE OF THE AUDITORIUM
To meet the interests of the community, the civic auditorium will be reserved in the following order.
a) City Sponsored or Co -Sponsored Events: Uses in which the City is the primary sponsor or a
co-sponsor. The library co-sponsors various groups that have been established in support of and
' to encourage the growth of the library. The following clubs or organizations are co-sponsored
by the library and may use the auditorium at no charge: Friends of the Library, etc.
Resolution No. 2934-7-10(R), Page 4
Resolution No. 2934-7-10(R). Page 5
b) Allen Based Non -Profits or Service Clubs: Organizations or clubs who are based in the City of
Allen and chartered through a nationally recognized organization providing community service
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for the citizens of Allen and surrounding communities.
c) Non -Profit Organizations: Organizations that have been recognized by the Internal Revenue
Service as tax exempt under Section 501 (c) (3) of the Internal Revenue Code.
d) For -Profit Groups: For-profit entities, including businesses, corporations and other general,
public users.
SECTION 7. CONDITIONS FOR USE OF THE AUDITORIUM
a)
The civic auditorium at the Allen Public Library shall not be allowed for: meetings that are
politically partisan, commercial sales or presentations promoting specific companies or products, or
purely social or celebratory gatherings.
SECTION 8. LIABILITY, DAMAGES AND SECURITY
a)
The applicantluser by acceptance of the use of the auditorium does hereby release, indemnify and
hold harmless the City of Allen, Texas, its elected and appointed officials, officers, agents,
employees, boards and commissions, volunteers, and invitees (collectively referred to as the "City")
from any and all claims, damages, causes of action of any kind whatsoever, statutory or otherwise,
personal injury including death, property damage and lawsuits and judgments, including court costs,
expenses and attorneys' fees, and all other expenses resulting from the use of the facility that the
user/applicant, its members and invitees have, or might have, known, or unknown, that might arise
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directly or indirectly from the use of the facility.
b)
The City of Allen reserves the right to require the Lessee to provide liability and property damage
insurance covering the Civic Auditorium. The amount of insurance required shall be determined by
the City of Allen, but shall not be less than $500,000 each occurrence for bodily injury and property
damage with a $1,000,000 aggregate. The City of Allen shall be named as an additional insured on
the policy document. The user shall show proof of coverage at the time the reservation is confirmed.
SECTION 9. GENERAL RULES OF USE
a)
Orvduty Civic Auditorium Staff shall not perform operational service in conjunction with an event
unless those services were contracted for in accordance with these policies and procedures. Nothing
here is contemplated as to preclude said staff from performing those duties normally associated with
the efficient and orderly execution of an event.
b)
Rental of the civic auditorium includes the following: the auditorium, dressing rooms, public
restrooms, and lobby. The occupancy for the auditorium is 275 persons seated in chairs, with 12
additional box seats and wheelchair seating. The stage is 42' wide and up to 28'4" deep. The number
of persons meeting shall not exceed the maximum number permitted according to fire code
regulations.
c)
Rental of the auditorium requires a two-hour minimum time block.
d)
Set-up arrangement of the room is the responsibility of the person making the reservation. Set-up and
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break -down time must be included in the reservation time.
Resolution No. 2934-7-10(R). Page 5
c)
Individuals or groups cannot deny City Staff access to any part of the auditorium during the
designated use period.
t)
No food or drinks allowed in the auditorium.
g)
There will be NO SMOKING in the civic auditorium or inside the Library building itself.
h)
The individual or group making application for use of the auditorium is responsible for any damages
to the room or its contents. The authorized representative signing the contract must remain on the
premises, throughout the period for which it is reserved, to insure the safety and security of attendees
and the facility and that the library's standards of behavior are observed. Abuse of the facilities or
failure to comply with the decorum consistent with library needs may result in denial of future use.
i)
The person who signs the contract, or their designated representative, shall arrive 15 minutes prior to
reserved time to meet with a City representative and perform a walk-through of the facility. No
access will be granted until a walk-through is completed.
j)
Any damages will be charged to the individual or group making use of the auditorium and will be
based upon cost of cleaning products, supplies, and services required to repair the damages. Any
appeals by users who find such charges to be unfair must be made in writing within ten (10) days
after notice of such charges to the Library Director.
k)
It is the responsibility of the user to provide any additional equipment needed for their particular
event. If the group using the facility requires the use of technical audio/visual/lighting equipment,
there will be a surcharge. Any videocassettes used in the civic auditorium must have public
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performance rights.
1)
User groups must provide sufficient volunteer or paid staff to handle ticket and usher functions
during their events in the auditorium. The City staff is not responsible for loss of funds, seating
discrepancies, oversold events or related issues, but will intervene if safety/security of the premises is
in question during event rental periods.
m)
There is no long-term storage available at the auditorium. All items and material must leave the
building immediately following the end of the rental period. The City of Allen is not responsible for
items left at the auditorium following an event.
n)
The Library reserves the right to require dance companies to use a special floor in order to protect the
stage. Such flooring must be brought in by the lessee.
o)
Nails, thumbtacks, tape, glue, etc. must not be used to attach anything to the structure, walls or
furnishings. No candles, open flames, or cooking are permitted.
p)
No painting or set construction is allowed on the stage or public areas.
q)
The use of aerosol spray paint is prohibited in the auditorium.
r)
The library staff reserves the right to approve all forms of material and construction techniques of all
items constructed at or brought into the auditorium.
' s)
Auditorium lobby and office furniture shall not be moved from one area to another.
t)
The Library assumes no responsibility for publicity and promotion of events.
Resolution No. 2934-7-10(R), Page 6
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u) Any matter not covered by these rules shall be determined by the Library Director and/or Library
Board, and/or City Manager and all such determinations or decisions shall be final.
Resolution No. 2934-7-10(R), Page 7