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HomeMy WebLinkAboutRes1995-046 , - It Sponsored by: Murphy CITY OF SEWARD, ALASKA RESOLUTION NO. 95-046 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING A VENDOR PERMIT AND AUTHORIZING THE DISCHARGE OF FIRE WORKS BY THE SEWARD CHAMBER OF COMMERCE DURING THE 1995 INDEPENDENCE DAY CELEBRATION WHEREAS, Ordinance No. 92-12 provides that solicitation of funds or sales on city property is prohibited unless specifically authorized by resolution of the City Council; and WHEREAS, the city has traditionally allowed the Chamber of Commerce to issue vendor permits for the sale of goods and solicitation of funds on city property during the Fourth of July celebration; and WHEREAS, Seward City Code Section 10.10.040 prohibits the discharge of fireworks in the City of Seward unless specifically approved by the City Council; and WHEREAS, the city has traditionally allowed the Chamber of Commerce to provide a fireworks display within the city in conjunction with its Fourth of July celebrationj NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The Seward Chamber of Commerce is hereby authorized to issue permits to vendors for the sale of goods and/or the solicitation of funds on city property in accordance with the terms and conditions contained within the concessionaire permit attached and incorporated herein by reference. Section 2. The Seward Chamber of Commerce is further authorized to discharge fireworks within the city at a time and place which has received the prior approval of the city Fire Chief. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 22nd day of May, 1995. CITY OF SEWARD, ALASKA RESOLUTION NO. 95-046 THE CITY OF SEWARD, ALASKA ~ IJ.-. 0~ , Dave W. Crane, Mayor AYES: NOES: ABSENT: ABSTAIN: Anderson, Crane, Darling, Deeter, King, O'Brien, Sieminski None None None ATTEST: p~~-~~ Linda S. Murphy, CMC!AAE City Clerk (City Seal) .\'i~t ~tC ""t, .V " t. <::'r- 1', .<-;".,J U' ':;;;;;:v.,.'"" '''' ""," ~~. .8~1.~.(:o ''''''i:Jt~'' '" ,....' ,",,';:oJ,';.>"' T. ..~ '"'~ v ..- Ot\> ViA{'},.'. (:) "# ~'....(, Fr-...-- "'" '$ -~ ">~j'" -:. ;:: : ~ \ : .;-... . Ot7l f~ T . . ) a i ~j.;.~_~i*~~.::..LJ : 0 : ,'" . ill - ':~ ~1iIo ""-~. .,. = ~ .,,'tV, fl,../:: 11" 1.1'>-, ".';",t,.,. '1e'.\..,...~ ~ ~ <'.,''''' ~.." tl p. -.....("'" !!It "OO:....'.i'S, .........~:) :it'" "<1." OF p.\.. .,...... 't#", I U ~,,\v , ~ . CONCESSIONAIRE/VENDOR/PEDDLER PERMIT ~ ~~se-~ ~~ ~~ :'41.~'" THIS PERMIT is issued by the City of Seward to: Permittee: Address: Phone: Purpose: Seward Chamber of Commerce P. O. Box 749, Seward, Alaska 99664 224-8051 To conduct community wide Fourth of July Celebration activities as coordinated with City Staff on public streets and property to include: a: the running of the junior, men's and women's Mt. Marathon Race. the Fourth of July parade. the management and subletting of vendor booths to be located on Adams Street between the 3rd/4th Avenue alley and the 4th/5th Avenue alley; and only after coordination with the Chief of Police, a mutually agreed upon portion of vacant Lots 22 and 23, Block 15, Original Townsite (between travel agency and fire hall parking lot). The center of Adams Street must remain open to facilitate emergency vehicle access. fire works display with location to be coordinated with the city fire department. children and adult games and activities. providing a minimum of two portable toilets in the Adams Street area to serve the vendors and their customers and one at Washington Street for race workers and participants. b: c: d: e. f. 1. Requirements: a. The applicant and all individual vendors must have a valid Alaska State Business License, Kenai Peninsula Borough Sales Tax Collection Permit and any other local, state or federal permits or licenses required for applicants' proposed business activity. b. Permittee must maintain all work sites in a neat and orderly condition and guarantee that, upon completion of any work, the site is clear of all debris, trash, etc. c. Permittee will immediately notify City of any spill of toxic or hazardous materials. 2. Fees: Not applicable 3. Term: The term of this permit shall be 5:00 p.m., Friday, June 30, 1995 through Tuesday, July 4, 1995. 4. Indemnity: The Permit Holder agrees to hold the City harmless and to defend the City from all claims for personal injuries and/or property damage of every kind and character relating to the Permit Holder's use, or the use by Permit Holder's sub- lessees, agents, customers and contractors. 5. Insurance: This Permit will not become effective until such time as the City of Seward has received the following: A. A Certificate of Insurance showing the City as co-insured in an amount not less than the following: $1,000,000 General Liability and Statutory Workmen's Compensation. B. All of the required insurance policies shall provide that the insurers waive their rights for subrogation against City and the Permit Holder and their respective officers, servants, agents or employees. Permit Holder further agrees to waive, and agrees to have its insurers waive, any rights of subrogation with respect to deductibles under such policies and with respect to damage to equipment, including the loss of the use thereof, whether insured or not. C. All insurance policies shall provide for thirty (30) days notice of cancellation and/or material change to be sent to the City of Seward, P.O. Box 167, Seward, Alaska 99664. D. This permit may be canceled at any time by the City and will automatically cancel, without notice from the City, if the insurance policies required above are canceled for any reason. 6. Miscellaneous. This is the entire Permit and is to be interpreted and applied by the City Clerk or his designee in order to further the public interest. This Permit may be modified only in writing. If the Permit Holder contests any decision made by the City Clerk, the exclusive remedy shall be to the City Council, which shall be the final judge of any dispute. 7. Termination. The City may terminate this Permit at any time for convenience, upon delivery of written notice to the Permit Holder thirty (30) days prior to the date of intended termination. If the permit is terminated for convenience, the Permit Holder shall promptly clear the permit site of all its personal property or that of its sub- permittees. PERMIT HOLDER: CITY OF SEWARD. ALASKA BY: Elaine Nelson ITS: Executive Director BY: Linda S. Murphy, CMC/AAE City Clerk