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HomeMy WebLinkAbout78-2203 ord78-2203 ~N_ORDINAN~CE GRANTING TO THE PLAINVIEW SLOW PITCH SOFTBALL ASSOCIATION PERMISSION TO OPERATE CONCESSIONS IN RUNNING WATER DRAW REGIONAL PARK OF THE CITY OF PLAINVIEW PRESCRIBING THE CONDITIONS OF SUCH PERMISSION AND TtIE TERM FOR WHICH SAID PERY~ISSION IS GRANTED. WHEREAS, the Plainview Slow Pitch Softball Association has requested the City Council of the City of Plainview to grant them permission and franchise to operate concession stands for the purposes of selling cold drinks and confections and certain types of' food in the City Park area known as the Running Water Draw Regional Park of the City of Plainview, and WHEREAS, said Plainview Slow Pitch Softball Association has represented that it will and intends to use the proceeds thereof for the purpose of promoting recreation sports and other activities in the City of Plainview; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: Section 1~ The Plainview Slow Pitch Softball Association of the City df Plainview is hereby granted a franchise and permission to operate concessions for the sale of cold drinks and confections, sandwiches, ham- burgers and such o~her types of foods as is ordinarily sold in and~.aron~d park areas where crowds gather for activities, subject however, to the conditions, 1-imitations provided for in this ordinance. Section 2: The area for which said franchise and pe~ission is 9'ranted is as follows: (A) Running Water Regional Park Section 3: The term for which this franchise and permission is granted initially is to include the dates~ of~ April~l, 1978 thro~g~ September l, 1978 to allow for an evaluation of the performance of the concessionaire and to allow the concessionaire to cease his operations during the time when the park areas are not normally receiving maximum use. Section 4: That no permanent facility shall be used during this time, but that mobile type equipment shall be used~at the park to insure low initial investment on the part of the concessionaire and to insure that a permanent facility specifically designed for concession type sales shall not be erected on park property until an evaluation of the initial operation is made. Section 5: That the rights and privileges which shall be granted unto the concessionaire shall not include catering service to individuals or groups of individuals renting or leasing park building facilities or usin~ park picnic areas or prevent any individuals or groups from bringing their own food and drinks into the public park area. Section 6: That the servicing and dispensing at such times as the public requires, the locations of such mobile carts or wagons or refreshment stands, and the wholesomeness and sanitation of all foods~ refreshments, confectionery and beverages be subject to the approval of the Parks and Recreation Department and the City of Plainview Health, Sanitation, and Zoning Co~[es. Section 7: That the concessionaire shall be responsible for the cleanliness of the concession area and shall not permit garbage or other refuse to accumulate or to gather in or about the mobile concession facility except in suitable covered garbage receptacles which shall be provided by the Parks and Recreation Department. Section 8: That the concessionaire shall, at his own cost and expense, furnish and maintain in good usable condition, a sufficient amount of movable equipment including, but not limited to soda fountains, show cases, cash registers, ice cream cabinets, bottle coolers, popcorn machines, drink dispensers, refrigerators, coffee urns, tables, etc., as may be necessary to properly furnish the services as needed and in a manner acceptable to the Parks and Recreation Department. Section 9: That the Parks and Recreation Department shall provide electrical power in locations where these utilities now exist or could be erected at a minimal cost not to exceed $200 and shall be constructed in a manner acceptable to the Parks and Recreation Department. Section 10: That the concessionaire shall use either members of the Plainview Slow Pitch Softball Association or other related personnel as needed to properly staff the various concession operations as operated in the parks. The concessionaire shall be responsible for the competency of all personnel staffing the concession operations~ whether they be volunteer or paid personnel. Section 11: That the Parks and Recreation Department shall be responsibls for approving hours of operation and will govern such times according to public needs and demands. Section 12: That the various foodstuffs and confections including, but not limited to candies, popcorn, breads and soft drinks shall be of a high quality and subject to various specifications as determined necessary for the Park and Recreation Department in keeping with the best interest of the public. All prices shall be posted and competitive with prices as normally found at similar concession operations. Section 13: That the rights and privileges which shall be gr~nted shall not be transferable in nature and no assignment or sub-contract shall be granted without permission of the Parks and Recreation Department. Section 14: Provided however that the Ptainview Slow Pitch Softball Association shall indemnify and hold the City harmless from any and all acts of its agents, employees, or any other person aiding and assisting in the performance of any act or function under the permission and franchises hereby given and shall furnish the City of Plainview a certificate showing that it has in force (and shall keep in force at all times) a policy of liability insurance with an insurance company authorined to do business in the state of Texas in an amount of not less than $200,000.00 as protection of any liability for damage of said Plainview Slow Pitch Softball Association, its agents, employees or any other person assisting in the carrying out of any function authorized hereby and the same shall, in addition to protecting the Plainview Slow Pitch Softball Association shall provide therein that it will also protect the said City of Plainview. Section 15: Plainview Slow Pitch Softball Association shall, within fifteen (15) days of the passage of this ordinance by the City Council of the City of Plainview, file with the City Secretary a written statement signed in its name and behalf by a duly authorized officer of Plainview Slow Pitch Softball Association in the following form: "The Honorable Mayor and City Council of the City of Plainview: "Plainview Slow Pitch Softball Association, for itself, it successors and assigns, hereby accepts the attached Ordinance passed by the City Council of the City of Plainview the ~day of ~--~~~. , 1978, and agrees to be bound by all of its terms and provisions. "Plainvie~S/l~ Pitch Softball Association Pr~:sid.ent I / "Dated ~he ~ day of ~~/~ ___~ , 1978.~ This ordinance shall become effective upon its passage and approval as required by law, and acceptance by the Plain~iew Slow Pitch Softball Association as required in Section 15. , 1978. ATTE ST: M. L. Rae, City Secretary rf Way~hd~, Mayor City of Plain~iew