ORDINANCE NO. 14,369
AN ORDINANCE to amend the Municipal Code of the City of Des Moines, Iowa, 2000, adopted by Ordinance No. 13,827, passed June 5, 2000, by amending Article V, of Chapter 74, Parks and Recreation, Sections 74-141 through 74-148 thereof, renaming Sec Taylor Stadium to Principal Park Stadium.
Be It Ordained by the City Council of the City of Des Moines, Iowa:
Section 1. That the Municipal Code of the City of Des Moines, Iowa, 2000, adopted by Ordinance No. 13,827, passed June 5, 2000, is hereby amended by amending Article V, of Chapter 74, Parks and Recreation, Sections 74-141 through 74-148 thereof, renaming Sec Taylor Stadium to Principal Park Stadium, as follows:
Sec.
74-141. Maintenance as public property.
Sec Taylor Principal
Park Stadium shall be known, operated and maintained as public
property and shall not be included within the park and playground area of the
city.
Sec.
74-142. Operation of historic facility.
The park
and recreation board shall have the right to operate a special historic
facility known as Fort Des Moines No. 2 on the Sec Taylor Principal Park Stadium site.
Sec.
74-143. Jurisdiction.
The use,
operation, control, maintenance, terms and conditions upon which Sec Taylor Principal
Park Stadium shall be used are declared within the jurisdiction of
the park and recreation board with the approval of the city manager and city
council.
Sec.
74-144. Use declared public benefit.
It is
declared that the property designated as "Sec TaylorPrincipal Park Stadium" shall not
be needed for the immediate use of the city, and it is further declared that
the use, operation, control and maintenance of the stadium and the improvement
thereof from gifts and donations or otherwise shall be deemed for the public
benefit.
Sec.
74-145. Authority for leases.
The mayor
is authorized to sign on behalf of the city and the city clerk is authorized to
attest such signature on any lease, rental or grant of use of the Sec Taylor Principal
Park Stadium or part thereof, when approved by a vote of the city
council.
Sec.
74-146. Reversion after termination of lease.
At the
termination of any lease having a fixed term of more than one year or any
extension thereof for more than a year at Sec Taylor Principal Park Stadium, the property
as improved shall revert to the control of the park and recreation board for
park and playground purposes, when so ordered by the city council.
Sec.
74-147. Accounts of lessee.
(a) A lessee
of Sec Taylor Principal
Park Stadium or any part thereof shall maintain such financial
accounts and records as are customary in the business. If the lessee is in
default under the terms of the lease with the city, the lessee shall make such
accounts and records available to the city upon request at any reasonable time
which does not interfere with lessee's operations.
(b) If a
lease provides for a financial consideration consisting of a percentage of the
gross or net profits or receipts of any part of the business operation of the
lessee, such as the gate, concessions or other operation, the lessee shall make
such accounts and records available to the city upon request at any reasonable
time which does not interfere with the lessee's operations.
Sec.
74-148. Indemnity to city.
Any lease
or sublease of the premises at Sec Taylor Principal Park Stadium shall contain a
provision saving the city harmless from liability to the public growing out of
or connected with the use, occupancy, operation and control of the stadium. No
lease shall be assigned without the written consent of the city duly approved
by the city council.
Sec. 2. This ordinance shall be in full force and effect from and after its passage and publication as provided by law.
FORM APPROVED:
Ann DiDonato, Assistant City Attorney
Ordinance No. __________________ cont'd
T. M. Franklin Cownie, Mayor
Attest:
I, Diane Rauh, City Clerk of the City of Des Moines, Iowa, hereby certify that the above and foregoing is a true copy of an ordinance (Roll Call No. 04-1815), passed by the City Council of said City at a meeting held August 23, 2004 signed by the Mayor on August 23, 2004 and published as provided by law in the Business Record on September 6, 2004 Authorized by Publication Order No. 4377.
Diane Rauh, City Clerk