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284B• f CF i I ! ORDINANCE NO. 284.E ? t" AN ORDINANCL CREATING THE BOARD OF AUDITORIUM ThUSTEFS ' FOR THE CLEA iWATM MUNICIPAL AUDITORIUM bUILDIIIGp VESTING IN SAID HOARD THE MANAGEMENT, CARP AND CONTROL OF SAID 4 ; AUDITORIUM, ?AND PhOVIDING RULES FOR THE USE AND OPERATION f 1 y THEREOF. ! Be it Ordained by the'City Commission of the City of Clear- '• water, Florida: Section I,-- That there shall be, and there is hereby ? created and established in the City of Clearwater, a Board, consisting of three.-.members, to be known and designated as the BOARD OF AUDILTOHIUM Z1 STEES, who shall have the exclusive chaa-ge, care, management and control,, subject to , the limitratons hereinafter provided, of the new municipal ; building-or Auditorium of said City located south of the approach of the Memorial Causeway, which building-shall be _ herein referred to and designated.as the AUDITORIUM.. The members of said Board,, in the performance of the duties and functions contemplated by this ordinance, shall serve'am' such without compensation. i Section. 2- The City Manager of the City of Clearwater and the Secretaby of the Chamber of Commerce of -?sid' City shall ? j bet ex officio members of said Board of Auditorium Trustees, i The third, member of said Board- shall. be appointed by the City - . . ? Commission and shall hold office i'or a period of one year. ' r ' 1 ( 1 : Said third member of the Board shall be a''representrative citizen and taxpayer of the City of Clearwater, and shall be subject' to removal from Office for mal,fbasance, misfeasance ? or nonfeasance, in the conduct of hie official duties--Ox? for any good cause; but the City Commission shall not remove such member except u:?rbh charges duly made and o I preferred 'a, i?',5k"avr ?[;•r°:?1-;i`i;a; i'ii`' Ce?"i? •' .. , .So'I {'.`R' ',i:'-!:' , y'.' `e. k. 'fi'r ?' A::'.." `t :`i' `: s ? .-? s . ,'L.. 6• ?.. !':. ,rg,r?? i s'ki' , y _.. ? 'f •' j', ?4t ':Y: !{c'.:`:'?.i.t?e? :fi'.?5'? !; 1: `t' ' - ? ?r,r• .w`?.?•"- • - w?w,...•wM?"` .•.5,:.9. ?•, _ . 1 „s !1 -2- and an opportunity afforded such member.to defend hiMaolf 1+ against such charges. i Section 3-- The Board of Auditorium Trustees shall have i j a-chairman to be chosen by them annually from one of their r number, and in all other respects the members of said' l Board shall perfect their own organization, and are hereby th i d to d t b -lsws for the re ul3tion and ad- • U" or di %J a op y 8 ministration of sniii Board, and provide rules and regulations' ? for the management of said Auditorium not inconsistent with provided, however, that such the terms of this -ordirxance : by-Laws formdlsted by, said board shall be sub3'ect,2to the spproval'of the City Commi as"ion. All arrangements by the public for the use of the Auditorium s`= shall be made with and througri the Board of Auditorium ' Trustees: and said Board of 'fx'uatees are empowered to let or rent for hire all on ony ..portii.on of, said Auditorium for any legi.mate purpose, and shall have the slight to grant or refuse its use for any good and sufficient. reason. r f 14 ' . The use of the Auditorium is denied to road' shows and moving: _ picturecshows ordinarly produced in commercial theatres, which would be competitive with the business of existing com- mercial theatres, Exceptions to this rule can be granted only by the City Commission upon a?Plication duly submitted in each se"parate case. Section a- The Hoard of Auditorium Trustees is hereby authorized and empowered to appoint an Official Custodian of t. laid Auditorium , who shall be directly responsible to said Board for the actual operation and personal supervision of the Auditorium and who shall be subject to the orders cf the '. ? .' ' Board, 'The Official. Custodian ,may be removed or discharged by ` rx the Board for such cause and at such timeeas the Board may see fit f .? `.s •t. i' ?iti - ,i`.'1`,%C??".:5? ?. 1•: '??:i .'_•t.: .t-t. M .?% 1 Y, •' Yj: ,^?^-9t:{?°J".i.'L..`v a?l$aY ., , i ; ?i A 31:. , 1 ,r'1???`3 7 ?S?#t'?`y'?i'?F. .,.;}F, ". °'1.???i. "t?. ,` _ ';,v •t, '. `? 'SI .4 r•.?{3n? { ?[':'l::zf `;1'A;;?`''?K' N.}.:.'lv; t, ^.?:'I4.L. ,1 # , '; =:lf' '?'. i1tk?.,, i:??: S4?tY.{.i??,'1.';'?F'.'J:t"?L`'?3Eo'?'t1 :t` "'1 .fi.. F- _ e7? .. 3 ;;4, z. f.d#`,*3:: ir ??"?"?? . .;??,.'?.e .n..?,s ?yf?= •?? ?iY ,i: '•.;??,f'?? . iii _ , 1•.,' -rE?. t" 7 1 59, • "? i -3- The Off'iciol.Custodian shall be., and he is horoby authorized { u all funds derived from bho apor+tion of to recoivo r sold Auditorium, and shall immidlately psy over said funds to- the Treaaurer of the City of Clearwater, who., upon race ipt -1 y .? thereof, shell place said monies in an account to be known as the Auditorium Fund Account. i'he Official Custodian shall be required to furnishl.bond to the City of Clearwater in the f penal sum of One Thousand Dbllars ($1,000.00) such bond to } be approved by the City Commission, abd conditioned upon the faithful performance of the duties of said Official Custodian and the prompt delivez.y and accounting by him to ' :.. } the City Treasurer of all funds received by him by reason of the operation of said Auditorium. The Board of Auditorium Trustees ore f'urLher authorized to secure the services of other employees., in addition to the . Official Custodian, as in their judgment may be necessary to the proper cane,, mt+nagement and operation of the Auditoriwn, and to fix the compensation of all such employees, including the Official Custodian, the amount of such compensation to be .rl subject to the approval of the City Commission, The Board of ' . Auditorium Trustees is also authorized to incur other expenses necessary to the efficient operation of the Auditorium. Section 5- The Board of Auditorium.Trustees axeauthorized to bercharged tar the use of the Auditorium or any port thereof, provided that such scale- ;.,.. shall be submitted to the City Commission for its approval, and upon such approval the Board shall authorize and direct fri the collection of such charges and rentals for the use and benefit of the City of Clearwater. .,a The Board shall have the power to demand, on behalf of the 4 a: ?. City of Clearwater, a percentage of the gross receipts deri 4 , p 8 t gross receipts derived'.. from the use of said Auditorium ., in lieu of tt,'a regularly r - established-'rates herein authorized to be fIx' ed vtg All expenditures,-for , or on account of• the , u kerap and far ..iay•.?'.;j.Sr,ti'4Ci'?b, f.yj '?',•;1',• '•I • 1 1' •':. IQ ?Y ''-..:jam.>a .,?;`+ +u.,?'i; ..? ;4.. " ,i„-1 •i. .1` j, •'r i. 2 d i { irya !! -'? • sd.4 - :f ?•. 1 .ai.{:.S• A.i? s:]Sy 3'• '':, .. ' i ..<I+. ? ;?,'e:.r: -4- operation of laid Auditorium shall be incurred only by authority of the Board of Auditorium Trustees, and shall be submitted to the City Commission on bills or statements duly approved by the Official Custodian, and also approved by the Chairman of the Board of Auditorium Trustees; and when approved by the City Commission, such bills shall be' .f paid'by the bity in the same manner as other bills against, § the City are paid. 1 Section 6- Not later than the 15th day of April of each year, the }Board of Auditorium Trustees shall submit to the City Manager an esti4iate of the sum of money required for the care, management and operation of the Auditorium for the ensuing fiscal year of the City, together with an estimate of the probable receipts from the Auditorium for the ' same period. The expenditures by the Board'of Auditorium Trustees shall not be limited to such estimated expense", #. but it shall be the duty of the Board to d1ligentsly try to keep f the costs and expenses of operating the Auditorium within the revenues derived therefrom. Section 7- The use of.the Auditorium shall be given without charge to National or State Conventions invited to r 7 F. } the City by the City Commission, to public mast'mgetings . callad by proclamation of the Mayor or by action of the Y, Qity Commission, or graduation exercises of the public schools of the City of Clearwater, and to other public, free . entertainments or meetings calculated to improve the social, educational and industrial opportunities of the people of .. ' Clearwater. .. ,. The tee of the auditorium for controversial 'diseussions, ' religious or o otherwise, shall be given only upon approval by the € City Commission. i ... 3 '" ski ?' .:•-r' {t..;.r1 - .. i• "`€?dc?v5'f;Fl°u ,f`?i =+ ci•T^, f4?, • . . € .. . .. . i, .--_ - ,S, ^ W. .4 3:w `4 J- [ 1 Y 33 "`S 1 "r t?' 'lt 1 .'ri';E=^x ,i;'x,:?'?.. :tel. ?.?i•r 1:?• ?,i: - Y- t?fi-.,.?#??. ,.t - - ?H'• s5 . • II The time Ioi' use, and the term of tae of the Auditorium shall ' be designated and determined by the.,Board of Auditorium r " Trustees, and they shall have the further power to require in every such case the deposit of a sum of money sufficient to 7 pay the actual cost of light, .i% heat and extra labor actually z used'or employed on account of such use; and said Board shall. have the further right to determIne what part or pobtion of the Auditorium is actually necessary for such use, and to set f not 1 off and separate such portions of the floor spacek t- needed in such meetings br entertainment, ejnd may rent suoh re- maining portion or portions for obbbil punposes simultaneously therewith. Provided, however, where any admission or.other :''.. fee is collected from those attending any such meeting or entertainment, the-said Board.shall charge regular rates for t the use of the premises. The free use of the Aditorium may be given by the Board for ' other meetings or entertainments of magnitude or importance . (nbt confined necessery,b6wever,to the City of Clearwater). } >n ;'. and far which no admission or other fee is charged- provided that in the Judgement of the Board, the particular meeting or entertainment is of such a public and reprasentiative character as to,benifit the general public and verront such use without a charge. f The Board of Auditorium Trustees shall have the power to . . ;.. ; a tea?taliame?n•fi"- dbdr mee g? organize c once rtsrof every description with or w1tho'ut an , admission 'fee. at their.'discretion, provided such entertain- 00 ments or meetings come within the limitations of this ordinance. ' - t The Board moy,st ita discretion, grant time to lessees for rg}arsals, prepRratians of prograrrts, etc: , where no admittance fen is to be charged: provided that the actual J ? expense of lights and/or heat may' 'be required to be paid b # such les'aee . ?• ?}f? f n. SS n t..- a -6- The control of the sale of articles of food, drink, or, other merchandise is vested solely in the Board" of Auditorium tTrustees. No part of the Auditorium shall be sub-let by any lessee without the consent of the Board. The Board of Auditorium Trustees shall keep a calender or schedule which shall be ppen to the inspection of the public, for and upon which shall appear the date /£ which the Auditoriump, ; or any part thereof, has been let, and for what purpose. The Board shall have the custody and control of the roams ?. on the north and south sides of said Auditorium, and shall have <..,; a the right to lesse parts of some on an exclusive basis to groups, committees, or organizations of a permanent or ' transitory character, and shall havo the power, subject to .'" approval by the City Commission, to fix e 'schedule of rates :"•?. ' for the use of said rooms. Section S- No member of the Boord' of Auditorium Trustees shall be;interested In any contract or lease made by the said Board ' ry for the use of said. Auditorium, unless, he shall first refer the matter to the Cit;t Commission for its approval. y Section 9- The pity Commission reserves the right, as' the ? governing authority of the dity of Clearwater, to review any action taken or determined upon by the Board of Auditorium ; Trustees and when any action or proposal of said Board, not } T actually carried into execution, shall be dieaproved by the in City Commissions then and/thet event) all authority for such action shall be considered as withdrawn, and. said Board £ ohs11-tbereaftbr be.-without authority in the premises. .1 "t Any person , firm or corporation flgRrieved by the action of the Board of Auditorium Trustees shall have the right to :. $apgieal to the City Commission(Ifor redress, and shall be entitled to a hearing after reasonable notice to the Board 4 of Auditorium: Trustees and the , action of the City Com- mission ?,.;•• , on any. such appeal shall be final .1',te' 'l• • ek,^: „ri-a; ;rJ; ,. F.;?, .F.IF ' ?.Y: • s' .:I}.;?y-y L:Yti;?„ h3z. -,s`=?=r1,r, vk,".`,` - ? '. - •- 1, !-` ._ ' f ??? •.`y'`.My: ^''J+. S.• °lµ. .l ?-z.r.?e ,lf,. „ ? 5t 1 ,FO e. i! ,. , _ _ FL ni 41 :,f - y i r?63 The Board' of Auditorium Truntees are hereby authorized'. in i1v ' their discretion, to appoal to the City Commission for its ' advice or opinion regarding, any action or proposal pending r.r before such Board. _ '-- Section 10- This Ordinance shall become effective on the first day of January A. D. 1933. ;E PASSED AND 'AD'OPTE'D by the City Commission of the dity of Clearwater, Florida, at the meeting held on the 27th day of E. t December, A. D. 1922* (Y"'.-;t (Sgd.) H, H. Baskin, :. (Sgd. ) J. E. Satterfield. 17" Attest. Act. City Auditor and Clark. ?f°"'°4•'??s'f "i:.7''??r1A. °a`?f a?'•?' 'itt?'' .. .. c .a.;j,'• ;•a. ? r,f. 3k}di v4i'n?..`?ti.t'^r.!s..8,{?e[.,,?. 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