HomeMy WebLinkAboutOrdinance - 1737-1955 - Creating The Auditorium-Coliseum Operational Board. - 06/09/1955:,~ r'l ~ ~-·. ~ i ~~ ·~ :i
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ORDINANCE NO. 1737 _.;;;.,_ ___ _
AN ORDINANCE CREATING THE: "AUDITORIUM-COLISEUM O?ERAT 10:'-L<\
BOARD", DEFINCNG AND DSSIGNATING THE TERM OF OFFICE OF ITS MEM
BERS~ PROVIDING FOR APP0IN'£MENT OF THE ORIGINAL MEMBERS OF Tr
BOARD AND THEIR SUCCESSORS, VESTING THE BOARD WITH CERTAIN
AUTHORITIES; PROVIDING FOR EMJ."':)LOYMENT OF A MANAGER SUBJEC+'
TO OPERATING AGREEM~NT BETWEEN THE CITY AND TEXAS TECH..'lO··
LOGICAL COLLEGE11 REQUIRING INSURANCE COVER_-'\.GE, ESTABLISHING
THE "AUDITO:tiUM-COLISEUM OPERATING FUND"; AND DECLARING AN
EMERGENCY.
WH,ER:&.~, definite planning and consideration of sundry items and matters
now require th~.appointment of the creation of a Board composed of Lubbock
citizens to assurri:~ general responsibility for operation of the Lubbock Munici-
pal Auditorium-Coliseum, concurrently with the establishment of a new depart-
ment in the City for the purpose of putting into effect the operating agreement
entered into by the Board of D.~rectors of Texas Technological College on
August 20* 1953, all of which relates to the daily business of the City of Lub-
bock, and creates an ~1Jlergency requiring that such Board be immediately
created and said department established; THE:REFORE,
BE IT ORDAlNED BY THE CITY CO.MMJSSION OF THE CITY OF LUBBOCK:
SECTION 1. There is hereby created and established,. the Lubbock Audi-
torium·•Coliseum Operational Board to be composed of fifteen (15) members,
each of whom shall be resident citizens of the City of Lubbock, Texas. Said
Board shall be officially designated as the "Lubbock Auditorium-Coliseum
Operational Board11 of Lubbock, Texas. The members of the Board shall be
appointed by the City Commission and shall hold their office for a term of five
(5) years, except that the members first selected shall hold office for terms
of one (1), two t2), three (3), four (4), and five (5} years respectively, three
(3) members to ho; terms for each of said periods, the term of each to be
determined by lot, and thereafter their successors shall hold office for five
(5) years or until eir successors are appointed as herein provided for.
SECTION 2. Upon the death, resignation, removal or expiration of the
term t)f office of any of the members of said Board, the Commission shall
nominate and appoint a succes::::or as a memher of said Board who shall hold
his membership on said B-:>ard for the ·unexpired term of the member he is
appointed to succeed, or for the period of five (5) years when the appointment
is made due to the expiration of a Boa·rd memherrs term, and further provided
that in the event the best interests of the City of Lubbock require the removal
of any member of said Board, removal of such member shall be effected
through appointr.a•'!nt of such member's successor by the Com:m:i.ssion. At
least one (1} representative of Texas Technological College shall be appointed
and one (1) such representative at all times remain on said Board, said repre-
sentative being subject to approval of the President of Texas Technological
College. ,/
SECTIO:':'J 3. No salary or compensation of any kind shall be paid to the
m."!mhers of said Board for their services.
SECTION 4. When the Commission has appointed fifteen (15) persons to
compose the B0ard, such members sha_ll as soon_thereaf~er as is pra_cticable,
meet as a Board and organize and appo1nt one of lts memoers as Chauman,
one of its members as Vice-Chairman, and it shall be the duty of the Chair-
man to preside at all mt~etings of the Board, the Vice-Chairman to preside in
the absence of the Chairmc-m, and the Auditorium-Coliseum Manager shall be
Secretary of said Board, and keep permanent rec?rds of al~ t~e proceedi'?gs of
said B 0ard, which shall upon the request of the C1ty Commtss1on, be dehvered
to it for its inspection and review.
SECTION 5. Any and all recom1111.mdations made by said Board to the City
Commission shall be by the concurring vote of at least eight (8) members of
the Board, provided however, this provision shall not exclude a minority rec-
ommendation which is hereby authorized to be mc.de in writing by less than a
majority of the members of said B0ard, and a majority of the total membership
of said Board shall constitute a quorum for the transaction of all matters to be
considered by the Board. The Board is authorized to establish sub-committees
for specific operational functions with a chairman for each, the sub-comm:.ttee
chairmen to constitute the Executive Committee of the B0ard to transact all
routine and em·~rgency business.
SECTION 6. The Board shall meet at least once a month to consider all
matters and business pertaining to the due, timely and proper operation, bus-
iness, and uses to be made of the Lubbock Municipal Auditorium··Coliseum and
premises.
SECTION 7. The Commission will by Resolution, designate such office.,..s of
the City of Lubbock who shall be ex-officio members of said B::>ard without voting
privileges and who s·hall act in an advisory capacity, provided however, that the
manager employed by the Board shall be an ex-officio mt"!mber.
SECTIO~ 8. The B0ard shall have general supervision and control of the
Lubbock Municipal Auditorium··Coliseum and premi.ses pertaining thereto with
authority to promulgate reasonable rules and regulations subject to prior ap-
proval of the City Commission r ·elating to the operation thereof, and in the pub-
lic interest to arrange and provide for attractions in the Auditorium-Coliseum
ctnd concessions in the building and premises, such provisions to govern all
charges., fees, admission prices, and concession com1nissions within the
premises, subject to the provisions of Ordinance No.· 1 7?.i o , and amend-
ments establishing the 11Auditorium··Coliseum Operational D•.!partment".
SECTIO.~ 9. The Board is authorized to employ a manager for the Auditor-
ium··Coliseum <:l.nd operations contemplated by this Ordinance and other related
ordinances of the City of Lubbock, when the person to be employed, tenure and
compensation has prior approval of the commission, the manager to be respon-
sible to the Board subject to the operating agreement between the City of Lubbock
and Texas Technological College dated August 20, 1953.
SECTIO~ 10. Prior to any public use of the Auditorium or Coliseum a dequate
insurance shall be prov~d~d insurin~ the_ City of Lubbock against claims of any
character for personal lnJury susta1ned 1n, on or about the Auditorium··Coliseum
and premises (excepting therefrom employees of the City of Lubbock while on
du_ty)~ Sue~ insurance. and such other _insurance as may be required by the Com·-
mlSSlon by 1ts Resolution shall be prov1ded. Premiums shall be paid by the City
of Lubbock and charged to the Auditorium-Coliseum Operating Fund.
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tl SECTION 11. A special fund designated 11Auditorium··Coliseum O;>erating
Fund" is hereby created and established. All money, checks, drafts and other
instruments representing or designed to represent or accomplish payment for
any and every operation, attraction, acti~ity, and concession pertaini~g to the
use of the Auditorium··Coliseum or prem1ses shall be collected, depos1ted and
paid into said fund, under supervision of the City Finance Officer who shall pr?·
vide adequate accounting and bookkeeping supplies, forms and procedures, wh1c
fund shall not be used for any purpose other than the business of operating the
Auditorium-Coliseum and premises, maintenance, repairs, additions, and
equipment as may be authorized by budget of the 11Auditorium··Coliseum O;>er-
ational D·~partm.ent" duly approved, or supplemented by the Com..:nission, as pro
vided by law, provided however, such fund shall be otherwise used as ordained
by the Commil:jsion. ----------·-SECTION 12. The operational program for each year shall be submitted to
'i the City Commission along with the annual budget for approval and subject
:/ / thereto the Board is authorized to make additional agreements for proper uses
:1 ~the Auditorium··Coliseum and premises in consideration of the Commission's
II standing policy that the Auditorium··Coliseum be self-supporting, that the
!! largest reasonable use be ·made of the building and premises consistent with ;i the public interest, provided however, that no contract of any character shall 'i ever be made creating liability on the part of the City of Lubbock, the Board
or its members individually, or the Auditorium··Coliseum Operational Depart-
m,~nt,. nor shall any guarantee ever be made for any attraction, exhibition o·r
event, which will in any manner create or impute any liability of any c~cter y
to the City of Lubbock. It being further provided that a minimum actUal cost ··
of operating fee shall be determined and collected for any one event held in
the Auditorium or Coliseum, and no free use of the building shall be permitted,
extended or granted to any individual, organization or group, except City of
Lubbock uses duly authorized by the Commission.
The fact that there is an im~ediate . need for the creation of an Operational
Board.for the Lubbock Municipal Auditorium··Coliseum and premises, and the
estabhshmcnt of a department in connection with the administration of the bus-
iness of the project, all of which involves the daily operation of the business of
the City .of Lubboc~, creates an emergency requiring that all rules relating to
the read1ng of O .rd1nances be suspended as to a second readina and this Ordin-
ance shall become effective on the date of its passage. oJ'
AND IT IS SO ORDERED.
0~ motion of Commissioner For·:-e::;t
------------------' seconded
·---' the foregoing Ordinance by Commissioner Thomas ----------------·------
was passed on first reading, this the_q",.hday of 195 __ .JI,J_.') ... {'.:.,P-~----·-' 5. by
the following vote:
Commjssioners voting "YEA":
Forrest, Thomas & Lennis Baker, HA.yor Fro-t-2m
Commissioners voting "NAY": None
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