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.
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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
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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
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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."
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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