HomeMy WebLinkAbout1460 - Ordinance - Procedures for Issuance of Fathoms O' Fun Master PermitORDINANCE NO. 1460 r/
AN WASHICE OF THE CITY OF REPEALING RORCHARD,
ORDINANCE
ESTABLISHING A PROCEDURE FOR ISSUANCE OF A
YX� FATHOMS 0' FUN MASTER PERMIT TO THE FESTIVAL
SPONSOR; AND ESTABLISHING AND WAIVING THE
APPLICATION OF CERTAIN CITY CODES.
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD DOES ORDAIN AS FOLLOWS:
SECTION 1. THAT Ordinance No. 1277 is hereby repealed.
SECTION 2. FATHOMS 0' FUN MASTER PERMIT. The City Council
may annually issue a single Fathoms 0' Fun Master Permit ("Festival
Permit") which shall authorize the permit holder to sponsor the event for
that year. Said permit shall designate the City areas being utilized by
the festival and my include provisions within said area for Festival
Parades, carnivals, sporting and recreational events, use of public
right-of-way, use of public parks, erection of temporary vendor facilities
and structures, sanitation and clean-up, and insurance, indemnity and hold
harmless agreements with respect to all festival activities within the
boundaries of the City, the permit shall be exclusive and shall supercede
other requirements of the Port Orchard Municipal Code relating to peddler,
hawkers, entertainment, public dance permits, and business occupancy
permits, but shall not supersede the applicable tax provision, if any.
In the month of March of each year, the City may issue a request for
Fathoms 0' Fun proposals from any and all interested persons or parties.
Notification of said request shall be published in the official newspaper
of the City and posted in at least three (3) public places in the City for
a period of not less than (2) consecutive weeks. The proposals shall
describe the proposed geographical boundaries of the festival area, all
proposed festival activities and the dates thereof, the use of public
right-of-way and public parks, the number and location of temporary vendor
facilities and structures, and provisions for sanitation and clean-up.
The proposal will further indicate the organizational structure,
background and experience of the sponsor, and all insurance and
indemnification provisions which it is able to offer to the City. All
proposals shall be in writing and must be filed with the City Clerk within
ten days of the date of final publication of the request for proposals.
SECIIUN 4. AWAKU OF FESTIVAL PERMIT: PERMIT FEE. At any
regular or special meeting of the City Council held at least ten (10) days
after the final date of publication of the request for proposals, the City
Council shall consider the merits of all duly filed Festival proposals.
It may request written or oral supplementation to any proposal. If the
City Council determines that it will issue a Festival Permit for that
year, a single Festival sponsor shall be selected from the duly filed
proposals on the basis of the experience and qualification of the sponsor,
the merits of the Festival proposal, and the public benefits arising from
the same. The City Council may impose such reasonable terms and
Ordinance No. 1460
Page Two
conditions on the Festival permit as it deems to be in the public
interest. The Festival sponsor shall pay the city a permit fee in the
amount of seventy-five dollars ($75.00). The City may reserve the right
to charge additional amounts at the conclusion of the Festival to
reimburse the City for extraordinary costs expended for municipal
services.
SECTION 5. INDEMNIFICATION. The award of the Festival
permit shall not be construed as constituting the Fathoms 0' Fun as a
governmental or proprietary activity, event of function of the City of
Port Orchard, nor shall it be construed as constituting the Festival
sponsor as an agent of the City. The Festival sponsor shall assume all
responsibility and liability for the conduct and management of the
Festival, and the finances thereof, and shall indemnify and hold the City
harmless from any and all claims or causes of action for personal injury,
death, or property damage arising from Festival activities or the acts or
omissions of participants therein.
PASSED by the City Council of the City of Port Orchard,
signed by the Mayor and attested by the Clerk in authentication of such
passage this 8th day of May, 1989.
LESLIE 0. WEATHERILL, MAYOR
ATTEST:
�414�
P ricia Hower, City Clerk
APPROVED AS TO FORM:
City Attorney
SPONSORED BY:
Councilman Clauson
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the
Port Orchard City Council at their regular Council meeting
held May 8, 1989.
ORDINANCE NO. 1460 f
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON
REPEALING ORDINANCE NO. 1277 ESTABLISHING A PROCEDURE FOR
ISSUANCE OF A FATHOMS 0' FUN MASTER PERMIT TO THE FESTIVAL
SPONSOR; AND ESTABLISHING AND WAIVING THE APPLICATION OF
CERTAIN CITY CODES.
The full text of the above listed Ordinance will be mailed
upon request and is available at City Hall, 216 Prospect
Street, Port Orchard, WA 98366.
City Port Orchard
Patricia Hower, City Clerk
Publish: Port Orchard Independent
May 17, 1989