1277 - Ordinance - Fathoms O'Fun Master Permit and Waiving Certain City CodesORDINANCE NO. 1277 t�
AN ORDINANCE OF THE CITY OF PORT ORCHARD RELATING TO
THE FATHOMS OF FUN; ESTABLISHING A PROCEDURE FOR
ISSUANCE ANDWAIVINRASTER TIIT F FESTIVAL THE G THE APPLICATION OCERTAIN CITY CODES.
S�S`1 THE CITY COUNCIL OF THE CITY OF PORT ORCHARD DOES ORDAIN AS
FOLLOWS:
Section 1. FATHOMS OF FUN "ASTER PERMIT. The Eity Council
may annually issue a single Fathoms of 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 may 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
carnival, circus, entertainment, public dance permits, and business
occupancy permits, but shall not supersede the applicable tax
provision, if any.
Section 2. ANNUAL: REQUEST FOR FATHOMS OF FUN PROPOSALS.
In the month of March of each year, the City may issue a request
for Fathoms of 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
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writing and must be filed with the City Clerk within teA days of
the date of final publication of the request for proposals.
Section 3. Award 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 sup-
plementation 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 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 $ 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 4. Indemnification. The award of a Festival permit
shall not be construed as constituting the Fathoms of Fun as a
governmental or proprietary activity, event or 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.
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PASSED by the City Council and APPROVED by the Mayor this
11th day of June , 1984.
ATTEST:
/I(IZ-
By Robert Lloyd, Cit
APPROVED AS TO FORM:
City Attorney
Leslie J_ Weatherill
Mayor
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