HomeMy WebLinkAbout6268 - ADMIN Resolution - City Council - 1979/05/21f
MAY 21, 1979
8e
RESOLUTION NO. 6268
GRANTING TEMPORARY USE OF CITY PROPERTY
WHEREAS, Veterans of Foreign Wars has 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 Veterans of Foreign Wars
to use and occupy, for the period of one day, July 4,1979, 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 insur-
ance, 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 termina-
tion 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 permit fee has been waived.
4. Upon filing of the insurance policy and payment of the deposit pro-
vided 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 opera-
tion 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, and the permittee shall comply with any
notice or direction from him 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 practi-
cal to the condition in which they were at the time the
permittee shall have taken possession thereof.
Fireworks shall not commence later than 9:45 p.m. Sponsor-
ing 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 i y Council May 21, 1979.
(f)
est:,
ity Clerk
Revi-wed fir admini.tr.
•
City Manager
Mayo
Approved as to fo. and legality:
City Attorney