HomeMy WebLinkAbout4836 - ADMIN Resolution - City Council - 1973/06/11ORIGINAL
JUNE 11, 1973
6A
RESOLUTION NO.4 8 3 6
GRANTING TEMPORARY USE OF CITY PROPERTY
WHEREAS, Veterans of Foreign Wars have made application to the City
Council to use there hereinafter described property for the following uses:
to hold a fireworks display
and
WHEREAS, said use of the property will be to the public interest and
will not interfere with any public use of the same, therefore
BE IT RESOLVED by the City Council:
1. That permission is hereby granted to Veterans of Foreign Wars to
use and occupy, for the period of one day July 4, 1973 to hold the fireworks
display at the following described City property, Aquila Park, to -wit:
North one-half of southwest one-quarter of northeast
one-quarter lying southeast of railroad right-of-way
except said right-of-way, Section 18, Township 117,
Range 21
2. The authority and permission herein granted shall be confined to
use of said property for the following purposes:
to hold a fireworks display
3. The permission herein granted is subject to the following
conditions and until such conditions have been complied with the permit
shall not be effective for any purpose:
(a) The above applicant to whom permit is hereby extended shall
file with the City Clerk a policy of comprehensive general liability insurance,
approved as to form by the City Attorney, which shall insure the City as
well as the permittee against liability imposed by law for bodily injury
or death, in the sum of $100,000 for any one person and in the sum of
$300,000 for two or more persons for the same occurrence, and for damages
to property in the sum of $100,000. The permittee shall indemnify and
hold harmless the City and its agents and employees from and against all
claims, damages, losses or expenses, including attorney fees, which they
may suffer or for which they may be held liable, arising out of or
resulting from the assertion against them of any claims, debts or
obligations in consequence of the use of City property as provided in
each permit by the permittee, its employees, agents, or contractors,
whether or not caused in part by a party indemnified hereunder.
(b) The said permittee shall deposit with the City Treasurer the
sum of $100.00 to reimburse the City for any costs incurred for cleaning
the property or restoring it to its previous condition following the use
thereof by the permittee. Within ninety days following termination of
the permit period the City Treasurer shall refund to the permittee such
portion of said deposit as the City Manager shall certify as not
required by the City for the purposes above set forth.
(c) The permittee shall pay the City a permit fee of $2.00.'
4. Upon filing of the insurance policy and payment of the deposit
provided in the preceding paragraph, the City Manager shall issue a
permit which shall be subject to the following conditions:
(a) The premises shall be used only for the purpose set
forth in paragraph 2, above.
(b) No unlawful activity shall be permitted upon the said
premises.
(c) The permittee shall secure from the City any license or
permit required in order to conduct the activity or
operation to be carried on within the premises.
(d) Any activity or operation within the premises which shall
tend to become a nuisance or annoyance to the occupants
of adjoining property shall be subject to control of the
City Manager, and the permittee shall comply with any
notice or direction from him in this regard.
(e) On team ination of the permit period the permittee shall
vacate the premises and remove all property placed thereon
and shall clean and restore the premises as near as
practical to the condition in which they were at the
time the permittee shall have taken possession thereof.
(f) Fireworks shall not commence later than 9:45 p.m.
Sponsoring group shall require that insurance is
carried in the amounts and in the manner set forth
in paragraph 3, subd. a., and in addition thereto to
protect the public against loss by damage resulting
from fireworks display. Only duly qualified persons
may fire the fireworks.
5. The permit granted pursuant to this resolution may be terminated
at any time by the City Manager or by the City Council.
Adopted by the Citncil Ju 1973.
Mayor
Reviewed for administration: App ved as to form and legality:
• ' �-
City Manager
City Corney