94-105 Resolution No. 94-105
RESOLUTION
AUTHORIZING A CREDIT TO THE
ELGIN SYMPHONY ORCHESTRA ASSOCIATION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that it hereby authorizes the City Manager to
execute the attached release to the Elgin Symphony Orchestra
Association against a debt currently owed to the City of Elgin
in the sum of $2,030 . 92 .
sl George VanDeVoorde
George VanDeVoorde, Mayor
Presented: April 27, 1994
Adopted: April 27, 1994
Omnibus Vote: Yeas 6 Nays 0
Attest:
sl Dolonna Mecum
Dolonna Mecum, City Clerk
I
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RELEASE
THIS RELEASE AND WAIVER is hereby made by the ELGIN
SYMPHONY ORCHESTRA ASSOCIATION, an Illinois not-for-profit
corporation (hereinafter referred to as "Symphony" ) , and the
CITY OF ELGIN, ILLINOIS, a municipal corporation, (hereinafter
referred to as "City" ) .
WHEREAS, Symphony conducted a concert at the Hemmens
Auditorium Building, Elgin, Illinois, on or about February 12 ,
1994; and
WHEREAS, Symphony conducted said concert pursuant to
an agreement with the City dated January 4 , 1994 ; and
WHEREAS, Symphony is currently indebted to City in
the amount of $2 , 030 . 92 pursuant to the terms of the
aforementioned agreement.
NOW, THEREFORE, Symphony, having received a credit
from City in the amount ' of $2, 030 . 92, as and for full
consideration, the sufficiency of which is hereby
acknowledged, does hereby waive, hold harmless and release
City from and against any and all suits , causes of action,
claims for damages or other liability of whatsoever nature
which may exist now or which may arise, resulting from or in
connection with Symphony' s aforementioned concert conducted on
or about February 12, 1994 for any cause whatsoever.
^' City hereby releases Symphony from payment of the
aforementioned debt owed to City of $2, 030. 92 .
ELGIN SYMPHONY ORCHESTRA
ASSOCIATION -
By: f�
Title:
Attest:
Secretary
CITY OF ELGIN
By: � s
Richard B. Helwig
City Manager
Attest:
Dolonna Mecum, City Clerk
111
Memorandum
7i
February 23, 1994
TO: Robert 0. Malm, Interim City Manager
FROM: Deborah K. Nier, Assistant to the City Manager
SUBJECT: Elgin Symphony Orchestra
Upon your direction, I spoke to Marcene Linstrom regarding
the events which took place on February 12, 1994 during a
performance at Hemmens Auditorium (see letter from Ms .
Linstrom dated February 16, 1994) . The letter of February 16
broached the subject of financial relief from the City in
light of refunds being made of ticket sales when requested by
patrons and reconsideration of re-subscriptions by Symphony
patrons . When asked what would be acceptable retribution for
the inconveniences caused, Ms . Linstrom mentioned two desired
responses .
1 . Assurance from the City, in writing, that attention
would be given. to Hemmens scheduling procedures so that
a similar incident will not happen again. A copy of
this letter would be made available to Symphony patrons
considering re-subscriptions based on the problems of
February 12 .
2. Waiver of Hemmens rental fees for . the February 12
event. I have spoken to Ed Spurr, who quoted $2,030 . 92
as rental for the February 12 concert and related re-
hearsals . Ms . Linstrom could not confirm if this is the
exact charge expected. Based on estimates, she felt
this figure was close to their expectation of charges.
If there is any further assignment on this subject, please
contact me.
e sorah K. ier
istant to the City Manager
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E in Symphony Orchestra
Marcene Linstrom Robert Hanson
Executive Director Music Director
February 16, 1994
Bob Malm, Acting City Manager
City of Elgin
150 Dexter Court
Elgin, IL 60120
Dear Bob:
At your suggestion, I am writing you with the details of the complaint
that we wish to file against the inappropriate scheduling at the Hemmens
Auditorium.
On Saturday evening, February 12, the Elgin Symphony Orchestra presented
a regularly scheduled Classic concert at Hemmens. At the same time,: a
wedding reception was being held it the lower level. Over amplified
music being used at the reception invaded the upper level to such a degree
that it overwhelmed the acoustic sound of a 70 member orchestra. The re-
sults were disastrous with many people leaving the concert. Some persons
asked me to cancel the remainder of the concert at intermission. The
orchestra is now confronted with many requests for reimbursement for tickets.
I would like to say that Ed Spur and the support staff at Hemmens that even-
ing tried to assist but without much success. The problem lies in inapprop-
riate scheduling not the operation of Hemmens.
The Elgin Symphony Orchestra has been a major user of Hemmens for many years
and we are proud to consider it our home, however; if it is to be a place
for the performing arts, the auditorium must be appropriately scheduled.
When hundreds of patrons are significantly effected by unnecessary competition
for an appropriate environment for a symphony concert, the very future of
our orchestra is threatened. Many of the users of the lower level have been
appropriate during our performances in the past. Surely a ressonable consider-
ation of the compliment of programs in the various parts of the building can
be expected.
In view of the serious damage that ESO has suffered because of Hemmens schedul-
ing, we would like some financial relief for the rental on Saturday, February
12, 1994. We also request a response to our concern on the part of Hemmens
scheduling. Many of our patrons have requested that your response be relayed to
them as soon as possible because the response will determine their re-subscrip=
tion for the next concert season which will begin soon.
Thank your for your attention to this matter.
Sincerely yours,
'01�/
Marcene Linstrom, Executive Director
Elgin Community College •1700 Spartan Drive •Elgin, IL 60123-7193
3121888-7389