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Ordinance 2015-38 ORDINANCE NO. 2015-38 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AMENDING EXHIBIT "A" OF ORDINANCE NO. 2015-27 AND SECTION IX (PARKS AND RECREATION) OF APPENDIX C (WYLIE COMPREHENSIVE FEE SCHEDULE) OF THE WYLIE CODE OF ORDINANCES, ORDINANCE NO. 2005-07, FOR THE PURPOSE OF ESTABLISHING FEES FOR THE USE OF THE BROWN HOUSE; PROVIDING A DEFINITION FOR THE BROWN HOUSE; APPROVING A POLICY FOR ALCOHOL CONSUMPTION AT THE BROWN HOUSE; PROVIDING A PENALTY CLAUSE, SAVINGS/REPEALING CLAUSE, SEVERABILITY CLAUSE AND AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it would be advantageous and beneficial to the City of Wylie, Texas ("City") to amend the Wylie Code of Ordinances, Ordinance No. 2005-07, as amended, ("Code of Ordinances"). WHEREAS, the City Council has further investigated and determined that it would be advantageous and beneficial to the City and its citizens to amend Exhibit A of Ordinance No. 2015-27 and Section IX (Parks and Recreation) of Appendix C (Wylie Comprehensive Fee Schedule) of the Code of Ordinances, for the purpose of establishing fees for the use of the Brown House and approving a Policy for alcohol consumption at the Brown House, and adding a definition for the Brown House; and WHEREAS, the City Council finds that the fees established herein are reasonable for the purpose of providing funds to help defray the costs of the services, equipment and maintenance for which the fees are assessed. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Exhibit A of Ordinance No. 2015-27 and Section IX (Parks and Recreation) of Appendix C (Wylie Comprehensive Fee Schedule) of the Wylie Code of Ordinances, Ordinance No. 2005-07. Exhibit "A" of Ordinance No. 2015-27 and Section IX (Parks and Recreation) of Appendix C (Wylie Comprehensive Fee Schedule) of the Wylie Code of Ordinances, Ordinance No. 2005-07, are hereby amended to add the following: "IX. Parks and Recreation A. Definitions. Ordinance Amending Ordinance No.2015-27 [Brown House Fees and Alcohol Policy] Page I of 5 69485 Brown House shall mean that historical structure located at 301 N. Ballard Ave., Wylie, Texas 75098. H. Brown House Deposit/Fees: Deposit Hourly Rate Minimum Add'IInfo. $300 $100.00 2 hrs. Mon-Thu Resident $125.00 4 hrs. Fri-Sun Resident $300 $125.00 2 hrs. Mon-Thu Non-resident $150.00 4 hrs. Fri-Sun Non-resident $ 50.00 Per hour Photography session per hour rate (use of outdoor/indoor) $100.00 $ 50.00 2 hrs. Non-profit rate Mon-Thu only $ 0.00 $ 0.00 N/A Wylie High School Senior Tea The attached Exhibit A for "Alcohol Policy-Brown House" is approved. A copy shall be kept on file with the City Secretary and Public Services Director." SECTION 3: Penalty. Any person, firm, corporation or entity violating or refusing to comply with any provision of this Ordinance, as it exists or may be amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in an amount not exceeding two thousand dollars ($2,000.00) for each offense if the offense relates to public health and sanitation, otherwise the fine shall be in an amount not exceeding five hundred dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude the City from filing suit to enjoin the violation. The City retains all legal rights and remedies available to it under local, state and federal law. SECTION 4: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, regardless of whether any one or more sections, subsections, sentences, clauses or phrases is declared unconstitutional and/or invalid. SECTION 5: Savings/Repealing. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of such ordinances shall remain in full force and effect. Ordinance Amending Ordinance No.2015-27 [Brown House Fees and Alcohol Policyl Page 2 of 5 69485 SECTION 6: Effective Date. This Ordinance shall become effective from and after its adoption and publication as required by the City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 10th day of November, 2015. Eric Hogue, May r ATTEST: Z'o ` - � Car le Ehrlich, Ci y Secretary Er' cr9 Iz Ii Dates of Publication:November 18,2015 i te Wylie p4t*s 'VNTprPELRA(LN SA 4Y s ©IS€7- s �lE OF TF Ordinance Amending Ordinance No.2015-27 [Brown House Fees and Alcohol Policy] Page 3 of 5 69485 EXHIBIT A Alcohol Policy-Brown House Alcohol may be consumed during Brown House reservations and at designated special events with written approval of the Director of the Public Services Department or his/her designee. The following guidelines must be adhered to: • Alcohol beverages shall be brought to the city facility and served ONLY by a contractor/vendor/concessionaire appropriately licensed by the Texas Alcoholic Beverage Commission. It is the contractor/vendor/concessionaire's responsibility to abide by all applicable laws/regulations/licensing/permitting. • Either the sponsor of the event or the contractor/vendor/concessionaire who will be serving/selling alcoholic beverages at the event must carry or obtain a Liquor Liability Addendum to their General Liability Policy and have such policy endorsed to name the City of Wylie as additional insured on the policy. Insurance requirements are as follows: General Liability Coverage: $1,000,000 per occurrence $2,000,000 annual aggregate G/L must include coverage for the following: a. Must be on an occurrence basis. b. Must include Medical Expense limits of not less than $10,000. C. Personal and Advertising Injury limit of not less than $1,000,000. d. Products and Completed Operations limit of$2,000,000 aggregate. e. Fire Damage, any one Fire limit of$1,000,000. The above insurance shall be in addition to any other insurance coverage required by the City policies or ordinances or contracts with the City. In the event any other policy, ordinance, or contract requires greater levels of additional insurance than this policy, then the more stringent requirement will control. • The event sponsor shall be responsible for ensuring that intoxicated individuals are not served additional alcoholic beverages. • Consumption/service of alcoholic beverages will only be allowed in a specified area defined in the permit issued by the Director and his/her designee. • Any time alcoholic beverages are served food must be made available by the event sponsor to attendees of the event. Ordinance Amending Ordinance No.2015-27 [Brown House Fees and Alcohol Policy] Page 4 of 5 69485 • Alcoholic beverages will not be authorized at an event where more than twenty five percent (25%) of the attendees will be under 21 years of age (e.g. children's birthday parties, high school graduation parties, and similar events), which determination shall be solely at the discretion of the Director or his/her designee. • Any event where alcohol will be allowed and an alcohol deposit paid will require one or more off-duty Wylie Police Officers (or, if insufficient number of Wylie Police Officers are available, one or more law enforcement officers, as approved by the Wylie Police Department, with TCOLE certificate), as determined by the Director or his/her designee based on anticipated attendance at the event. Attendance exceeding the anticipated amount may require additional Police Officers and will be at the discretion of the Police Officer working the event. The cost of such officers shall be solely the expense of the event sponsor. • The deposit required by the Fee Ordinance shall be doubled for events for which the Director and his/her designee have issued a permit pursuant to this policy. • Alcoholic beverages shall not be brought to the Brown House by an individual(s) or event sponsor for personal consumption or for ceremonial purposes; however, a single bottle of champagne, wine or other alcoholic beverage (not to exceed 750 ml) may be brought for a ceremonial toast. This does require written permission of the Director or his/her designee, and the intent of such ceremonial toast must be indicated on the rental agreement. Ordinance Amending Ordinance No.2015-27 ]Brown House Fees and Alcohol Policy] Page 5 of 5 69485 .ss media STATE OF TEXAS COUNTY OF COLI.IN Before me, the undersigned authority. on this day personally appeared Chad Fngbrock, publisher of C & S Media. dba The !flylie New.s, a newspaper regularly published in Collin County. Texas and having general circulation in Collin County. Texas. who being by me duly sworn. deposed and says that the foregoing attached: City of Wylie Ordinance No. 2015-38 was published in said newspaper on the following date(s), to -wit: November 18, 2015 Subscribed and sworn before me on this. the to certify which witness my hand and seal of office. 1 r11-Y=vCen'❑ss��on Exp,res ,,,,,,,.,,,,,,,,,,„., Dtit.,,giin �F��} 0902-"L016 Chad Fngbrock, Publisher dayof 72A, .2015 otary Public in The State of Texas 1\ I\ commission expires FCity of Wylie Ordinance 2015-38 An Ordinance Of The City Council Of The City Of Wylie, Texas, Amending Exhibit A' Of Ordinance No. 2015-27 And Section Ix (Parks And Recre- ation) Of Appendix C (Wylie Comprehensive Fee Schedule) Of The Wylie Code Of Or- dinances, Ordinance No. 2005-07, For The Purpose Of Establish- ing Fees For The Use Of The Brown House; Providing A Definition For The Brown House; Approving A Policy For Alcohol Consump- tion At The Brown House; Providing A Penalty Clause, Sav- ings/Repealing Clause, Severability Clause And An Effective Date; And Providing For The Publication Of f The Caption Hereof. 28- I t -361i -b