Loading...
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 -1- 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. _.2 - 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 - 3 -