HomeMy WebLinkAbout5542 - ADMIN Resolution - City Council - 1976/06/211
June 21, 1976
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RESOLUTION NO6 542
GRANTING TEMPORARY USE OF CITY PROPERTY
WHEREAS, Veterans of Foreign Wars have made application to the City Council
to use the 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 Veterens of Foreign Wars to use and
occupy, for the period of one day July 4, 1976 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.
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(b) 1h2 said permittee shali deposit with the City Treasurer the sum
of $100 to reimbu-se 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 retund 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.
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 pruini:e7 Shall be used only for the pt:tpcse sLL tor -Lb
to hatagraph 2, above.
(b) No un ILlwf_ul act 1v i r y shalt he perms t t,d upon the raid pr- mi ses.
(c) The permittee shall secure from the Ctty any iicen=e 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 the control of the City Manager, add
the permittee shall comply with any notice or direction from hien
in this regard.
(e) On termination 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 con—
dition 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 City Council June 21, 19/6.
Mayor
Attest:
City Clerk
Reviewed for administration: Approved as to form and legality:
City Manager City Attorney