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HomeMy WebLinkAboutR79-125O0 011 RESOLUTION NO. R79-125 RESOLUTION GRANTING TO THE PLAINVIEW SLOW PITCH SOFTBALL ASSOCIATION PERMISSION TO OPERATE CONCESSIONS IN DISIGNATED PARK AREAS OF 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 the City Council of the City of Plainview to grant them permission and franchise to operate concession s_ta~~~~ -~ --~ ..... drinks and confections and c of the City of Plainview; an WHEREAS, said Associati The following Resolution, due to the Plainview Slow Pitch Softball Association's to use the proceeds thereof failure to properly execute their agree- sports and other activities' ment with the City, was passed by the THEREFORE: Council but never executed. BE IT ORDAINED BY THE C] SECTION 1: The Plainvi~ City of Plainview is hereby g concessions for the sale of c ........ ,,~,~, .,~.. burgers and such other type foods as are ordinarilly sold in and around park areas where crowds gather for activities, subject, however, to the condition, limitations provided for in this Resolution. SECTION 2: The term for which said franchise and permission is granted is as follows: Running Water Regional Park. SECTION 3: The term for which this franchise and permission is granted initially is to include the dates of June 14, 1979 through September 1, 1979, 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. O0 012 SECTION 4: That no permanent .facility shall be used during this time period, but that mobile type equipment shall be used on park-to-park basis 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 operations 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 using park picnic areas or prevent any indivuduals or groups from bringing their own food and drinks into public park areas. SECTION 6: That the. servicing and dispensing at such time as the public requires, and 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 City of Plainwiew Health, Sanitation and Zoning Codes~ SECTION'7: That the conessionaire shall be responsible for the clean- liness of the concession area and shall not permit garbage or other refuse to accumulate or to gather in or about the mobile cart or wagon, 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 move- able equipment, including, but not limited to, soda fountains, show cases, cash registers, ice cream cabinets, bottle coolers, popcorn machines, drink dispenser, refrigerators, coffee urns, tables, etc., as may be necessary O0 0!3 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 DepartmentZ SECTION 10: 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 11: 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 12: That the various foodstuffs and confections including, but not limited to, candles, popcorn, breads, and soft dr~nks 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 hall be posted and competitive with prices as normally found at similar concession operations. SECTION 13: That the rights and privileges which shall be granted shall not be transferable in nature and no assignment or sub-contract shall be granted without permission of the Parks and Recr~eation Department. SECTION 14: 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 O0 o14 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 damages of said 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 Association, provide therein that it will also protect the said City of Plainview. SECTION 15: The Association shall furnish to the Parks, Recreation, and Open Space Advisory Committee, 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 16: 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 Secretary, ~a written statment signed in its name and behalf by a duly authorized officer of Association in the following form: "The Honorable Mayor and City Council of the City of Plainview: The Plainview Slow PitCh Softball Association, for itself, its successors and assigns, hereby accepts the attached resolution, passed by the City Council of the City of Plainview the day of June, 1979, and agrees to be bound by all of its terms and provisions. Dated the day of By: Kenny Redin,-President , 1979." O0 015 This Resolution shall become effective upon its passage and approval, as required by law, and acceptance by the Plainview Slow Pitch Softball Association, as required in this Section 16. AND ~T IS SO ORDERED, PASSED AND ADOPTED THIS 14th day of June, 1979. ATTEST: J. ROBERT WAYLAND, Mayor City of Plainview WALTER S. DODSON, City Clerk