Loading...
HomeMy WebLinkAboutR81-368O0 O24 RESOLUTION NO. R81-368 .. ~.RESOLUTION GRANTING TO THE PLAINVIEW SLOW PITCH SOFTBALL ASSOCIATION PERMISSION TO OPERATE CONCESSIONS IN DESIGNATED PARK AREAS DF THE CITY OF PLAINVIEW, PRESCRIBING THE CONDITIONS OF SUCH PERMISSION AND THE TERM FOR WHICH SAID PERMISSION IS GRANTED. WHEREAS, the Plainview Slow Pitch Softball Association (herein referred to as the "Association") of the City of Plainview has requested permission and franchise to operate concession stands for the purpose of selling cold drinks and confections and certain types of foo~ i~ the City Park area of the City of Plainview; and WHEREAS, said Association has represented that it will a,d i,tends to use the proceeds thereof for the purpose of pro,mting recreations!. sports and other activities for the youth of the City of Piti,view: NOW. THEREFORE. B-E~I% RE SECTION l: The Plainvie City of Plainview is hereby gr concessions for the sale of c~ hamburgers and such other typ( park areas where crowds gather conditions, limitations provid SECTION 2: The area for granted is as follows: Runni 5QLVED BY THE CITY?COUNC~OFTHECITY ~OF.PLAi~VIEW: w Slow Pitch Softball Associa~io., Of the anted a franchise and permission ~o operate ld drinks and confections. foods as are ordinarilly sold i~ ~B~ around for activities, subject, however~ ~;~ the ed for in this ordinance. which said franchise and perm~$~O~ g Water Regional Park. SECTION 3: The term for which this franchise and per,l-is6i~ i$ ~ranted initially is to include the dates of Apr,} 1, t98] th~oU~§b~O~teber 1, 1981. to allow for an evaluation of the performance of the concession~r~ and to allow the concessionaire to cease his operations durin~ the ~im~ when the park areas are not normally receiving maximum use. O0 SECTION 4: That no pernlanent facility shall be used during this time period, but that mobile type equipment shall be used on park-tQ-p~rk basis to insure low initial investment on the part of the concession~ir~ and to insure that a permanent facility specifically designed for conc~$$ion type sales shall not be erected on park property until an evaluation Of the initial operations is made. SECTION 5: That the rights and privileges granted until · the concessionaire shall not include catering service to individu~l~.~r groups of individuals renting or leasing park building faci.liti~§ qr using park picnic areas or prevent any individuals or §roups from bri~i~.~ ~heir own food and drinks into public park areas. SECTION 6: That the servicing and dispensing at such tim~ ~s the public requires, and the locations of such mobile carts or wago~6 or refreshment stands, and the wholesomeness and sanitation Of refreshments confectionery and beverages be subject to the ~pproval of the Parks and Recreation Department and City of Plainview Heal,h, Sanitation, and Zoning Codes. SECTION 7: That the concessionaire shall be respon$ibl~ ~orthe clean- liness of the concession area and shall not permit 9arba~e er 9~her refuse to accumulate or to gather in or about the mobile cart or wagon, ¢~cept in suitable covered garbage receptacles which shall be provided b~ ~h~ Parks and Recreation Dep~rtment. SECTION 8: lhat the concessionaire shall, at his own ¢o$~ qnd Qxpense, furnish and maintain in good usable condition, a sufficient a~U~t of move- able equipment, including, but not limited to, soda fountains, Bhow cases, cash registers, ice cream cabinets, bottle coolers, popcorn machines, drink dispensers, refrigerators, coffee urns, tables, etc., as may b~ n~cessary O0 O26 to properly furnish the services as needed and in a manner acceptable to the Parks and Recreation Department. SECTION 9; That the concessionaire shall use either members of the 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 various concession operations, whether they be volunteer or paid personnel. SECTION lO: That the Parks and Recreation Department shall be respon- sible for approving hours of operation and will govern such times according to public needs and demands. SECTION 11: 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 Parks and Recreation Department in keeping with the best interests of the public. All prices shall be posted and competitive with prices as normally found at similar concession operations. SECTION 12: That the rights and privileges granted shall not be trans- ferable in nauter and no assignment or sub-contract shall be granted without permission of the Parks and Recreation Department. SECTION 13: Provided, however, that the Association shall indemnify and hold the City harmless from any and all acts of its agents, employees, or any other person aiding and assisting it in performing any aCt or function under the permission and franchise hereby given and shall furnish the City of Plainview a certificate showing that it has in force (and it-shall keep same in force at all times) a policy of liability insurance with an insurance compnay authorized to'do business in the State of Texas in an amount of not less than Three Hundred Thousand Dollars ($300.,000), as protection of any liability for damages of said Association, its agents, ©0 ©2? same in force at all times) a policy of liability insurance with an insurance company authorized to do business in the State of Texas in an amount of not less than Three Hundred Thousand Dollars ($300,000), as protection of any liability for damagesof said Association, its agents, employees, or any'other person assisting in the carrying out of any function authorized hereby, and the same shall, in a'ddition to protecting the Association, provide therein that it will also protect the said City of Plainview. SECTION 14: The Association shall furnish to the Parks, Recreation, and Open Space Advisory Commitee, a written financial statement at the end of each fiscal year of the City of Plainview. The Association shall also be able to prepare, at the request of the Parks Advisory Committee, a detailed list of all financial transactions. SECTION 15: Association shall, within Fifteen (15) days of the passage of this Resolution by the City Council of the City of Plainview, file with the City Clerk~a written statement signed in its name and behalf by a duly authorized officer of Association in the following form: (See attachment) SECTION 1'6: This Agreement shall become effective upon its execution by the parties involved and its acceptance by the Plainview Slow Pitch Softball Association, as required in this Section 15. PASSED AND ADOPTED this the 24th day of Ma~cl~ ., 1981. ATTEST: R S. DODSON', City Clerk - O0 028 ATTACHMENT RESOLUTION NO. R81-368 The Honorable Mayor and City Council of the City of Plainview: The Plainview Slow Pitch Softball Association, for itself, its successors and assigns, hereby accpets the attached Resolution, passed by the City Council of the City of Plainview the 24th day of March , 1981, and agrees to be bound by all of its terms and provisions. PLAINVIEW SLOW PITCH SOFTBALL ASSC. , PRESIDENT DAted~ the ~ ~ day of ~~ , 1981.