08-25-75 Council Meeting Minutes

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REGULAR MEETING AUGUST 25-1 1975 COMMITTEE OF THE WHOLE MEETING (CONTINUED) Councilman Miller made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Serge. The motion carried, with Councilman Horvath opposing. ORDINANCE AN ORDINANCE APPROVING THE FORM AND TERMS OF AN AGREEMENT OF OPERATIONS BETWEEN ST. JOSEPH COUNTY HOTEL -MOTEL TAX BOARD OF MANAGERS AND SOUTH BEND CIVIC CENTER BOARD OF MANAGERS AND CITY OF SOUTH BEND, AND AUTHORIZING THE EXECUTION THEREOF PER- TAINING TO THE SOUTH BEND CIVIC CENTER. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Councilman Miller indicated that this ordinance was a continuation of the public hearing for the preceding ordinance. He stated that an amendment was needed to the lease which involved wording changes and would not result in a substantive change He made a motion to amend the lease agreement as shown on the printed handout, seconded by Councilman Kopczynski. Councilman Nemeth questioned the method of amending the lease, and he stated that he felt the amendments should be read rather than just being referred to. Councilman Miller itemized the proposed amendments as follows: In the paragraph entitled "Operations ", delete the entire section and substitute the following: The question of the convention facility shall be under the direction of the Century Center Board. The Century Center Board and the Board of Managers agree to establish a joint committee made up of three (3) members from the Century Center Board and three (3) members from the Board of Managers. The duties of the joint committee shall be to consider and make recommendations to the Century Center Board with respect to the following specified matters: A. The preparation of rules and regulations for the operation of the convention facility, provided it shall be the purpose of those rules and regulations to promote the operation of the facility for convention purposes. B. The hiring and discharging of all salaried personnel utilized in the convention facility, provided that the joint committee may recommend policies to govern the hiring and discharging of all such salaried personnel. C. The preparation of budgets for the operation of the convention facility. D. Accounting procedures for the determination of profit and loss of the operation of the convention facility shall be taken into account in determining profit and loss, except upon agreement by both boards, and provided further, that the determination of profit and loss for the operation shall be determined by sound accounting procedures as established by a certified public accountant approved by both boards. E. Rates and charges for all persons, groups or organizations utilizing the convention facility for convention purposes. Proposals and recommendations made by the joint committee shall not be binding upon the Century Center Board, but the Century Center Board shall give such consideration to the proposals and recommendations as it shall see fit consistent with the exercise of itsstatutory duties and responsibilities. In the paragraph entitled "Mediation and Arbitration ", insert the following: In the event the joint committee is unable to agree by concurrence of four of its members with respect... In the paragraph entitled "Revenues ", add the following to the second paragraph: ...the separate and additional net income earned for the utilization of non convention facilities shall... In the paragraph entitled "Parking ", delete the entire section and substitute the following: It is understood and agreed that approximately 360 parking spaces will be made available on site for the convention facility, at least until such time that 500 spaces are available adjacent to the site, and that when conventions are in progress, such spaces shall be made available for utilization by persons attending the conventions. All parking revenues at times when the facility is being used for conventions shall be treated as convention facility revenues only for the purpose of determining any loss which the Board of Managers may be responsible to pay unless such revenues are pledged to the operation, maintenance, or retirement of revenue bonds issued in connection with the construction of parking garages or the municipal parking facilities. Said parking issue is contingent upon the successful prosecution of the necessary revisions to the South Bend Redevelopment Plan. After the paragraph entitled "Losses ", insert the following paragraph: Board of Managers Reservation of Right to Discontinue its Obligation to Pay For Losses From Operations. In the event the Century Center Board fails to comply with the provisions of Paragraph 11 hereinabove, and /or takes any action