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HomeMy WebLinkAboutR-80-38RESOLUTION NO. A RESOLUTION AUTHORIZING THE SEBASTIAN CEMETERY ASSOCIATION, INC. TO CONDUCT BINGO GAMES AT THE SEBASTIAN COMMUNITY CENTER. WHEREAS, the Sebastian Community Center is municipally owned property of the City of Sebastian; and WHEREAS, the Sebastian Cemetary Association, Inc. has requested the City of Sebastian to authorize the Association to conduct bingo games at the Sebastian Community Center one day per week, pursuant to Sec. 849.093(8)(e), Florida Statutes; and WHEREAS, the Association has demonstrated to the City that it is a not-for-profit corporation of the State of Florida engaged in charitable, civic and community works, and has been in existence for a period of three years or more; and WHEREAS, the Association has stated it has and will con- tinue to comply with all provisions of Section 849.093, Florida Statutes, and all other laws regulating the conduct of bingo games and not-for-profit corporations; WHEREAS, the Association has agreed to comply with all rules and rates governing the rental and use of the Sebastian Community Center as the Council may from time to time adopt; and WHEREAS, the City and the Association has entered into an Agreement, dated ~ 8 , 1980, which sets forth certain mutual understandings between the parties; NOW, THEREFORE BE IT RESOLVED by the Council of the City of Sebastian, as follows: 1. The City of Sebastian hereby authorizes the Sebastian Cemetery Association, Inc. to conduct bingo games once per week at the Sebastian Community Center. 2. The Association shall comply with Sec. 849.093, Florida Statutes, regulating bingo games, Chapter 617, Florida Statutes, regulating not-for-profit corporations, and all rules and rates governing the rental and use of the Sebastian Community Center as the Council may from time to time adopt. 3. Resolution R-79-4 is hereby repealed. ATTEST Cit~ ~iej~k CITY OF SEBASTIAN, FLORIDA Pat Fl~oo'd, ,Ir., ~rayor The foregoing Resolution was duly passed and adopted by the City Council of the City of Sebastian, Florida, this /-~ a~ o~ ~~ , ~o. City Cl~rk -2- AGREEMENT THIS AGREEMENT, made this day of S~p~, 1[)80 by and between the City of Sebastian, as municipal corporation of the State of Florida, hereinafter referred to as the "City," and the Sebastian Cemetery Association, Inc., a not-for-profit corporation of the State of Flori_da, hereinafter referred to. as the "Association." The Parties hereby stipulate and agree, as follows: 1. That certain misunderstandings and disagreements have existed between the parties which the City and the Associ- ation desire to correct and eliminate. 2. The Association states that it has reincorporated under the provisions of Chapter 617, Florida Statutes, the Florida general not-for-profit corporation act, and has been in existence for a period of three years or more. 3. The Association has organized for the purpose of carrying out charitable, civic and. community works, namely the improvement and beautification of the Sebastian Cemetery, as set forth in its Charter. 4. That the City and the Association desire to cooperate and work together toward the common goal of improving and beautifying the Sebastian Cemetery. 5. lin furtherance of this common goal, the parties further agree a.s follows: a. The Association shall annually submit on or before July 1 of each year the amount of funds the Association proposes to ex~end for the improvement and beautification of the Sebastian Cemetery; along with a written proposal for improvements to be undertaken, and costs to be incurred., at the Cemetery for the next fiscal year. b. Coordinate ali projects prior to and during imple~ mentation on a regular basis with the City Council, through its designated Councilmember charged with overseeing the operation of the Cemetery. c. Submit all major projects (those anticipating an expenditure of $1,000 or more) to the City Council for specific approval, It is the purpose of this subsection to encourage joint participation in major projects by the City and the Assoc- iation and to promQte cost efficiency. 6. 'rhe Association agrees to provide the City with a copy of its Articles of Incorporation (or Charter); Certificate of Re-incorporation, By-Laws, Current Officers and Directors, and any changes approved, thereto now or in 'the future. 7. The Association agrees to comply with the pro- visions of Section 849.093, Florida Statutes, and all other laws regulating the conduct of bingo games and not-for-profit corpo- rations, and provide the City with all reasonable requests for information necessary for the City to determine compliance thereto. 8. The Association agrees to comply with all rules and rates governing the rental and use of the Sebastian Community Center as the Council may from time to time adopt. 9. The City agrees to authorize the Association to conduct bingo games at the Sebastian Community Center on Monday of each week. The parties understand and agree that the City will reserve the Center for the Association on said dates, except in instances where a governmen'tal function necessitates that the City preempt said bingo game on a particular date. The City will make every effort to notify the Association as far in advance as possible of its preemption and will attempt to reschedule the bingo game for that week. 10. This Agreement may be terminated by either party upon thirty (30)days written notice to the other, Executed at Sebastian, Florida, this l~ day of 198o. SEBASTIAN CEMETERY ASSOCIATION, INC. By: ~ Randy JoA~ ' President Secretary CITY OF SEBASTIAN, FLORIDA By: Attest: ,., , Cfry C~erk Prat Flood, Jr. ~ Mayor -2-