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Home My WebLink AboutO-1278 - Strawberry Festival permit procedure; repeals Sec. 5.48.010, 5.48.020 and 5.48.030 (5.48)• xc..: CIT Y 0 F MAR Y S V ILL E Marysville,Washington ORDINANCE NO.1&7~ AN ORDINANCE OF THE CITY OF MARYSVILLE RELATING TO THE STRAWBERRY FESTIVAL;ESTABLISHING A PROCEDURE FOR ISSUANCE OF A MASTER PERMIT TO THE FESTIVAL SPONSOR;WAIVING THE APPLICATION OF CERTAIN CITY CODES;AND REPEALING SECTIONS 5.48.010,5.48.020 AND 5.48.030 OF THE ~mRYSVILLE MUNICIPAL CODE WHEREAS,the Strawberry Festival has been an established annual event in the City of Marysville since 1932,and serves the public interest by enhancing the City's public image,providing family-oriented entertainment and recreation,and encouraging trade and commerce;and WHEREAS,the responsibility and effort to plan,imple- ment and manage the Festival is most efficiently and effectively undertaken by a single,private sponsor which will unify and coor- dinate all Festival activities;NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1.Repealer.Sections 5.48.010,5.48.020 and 5.48.030 of the Marysville Municipal Code are hereby REPEALED. Section 2.Strawberry Festival Master Permit.The City Council may annually issue a single Strawberry Festival master permit ("Festival permit")which shall authorize the per- mit holder to sponsor the City-wide Strawberry Festival for that year.Said permit shall designate the geographical boundaries of a Festival area 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 tem- porary vendor facilities and structures,sanitation and cleanup, and insurance,indemnity and hold harmless agreements.with respect to all Festival activities within the boundaries of the Festival area,the permit shall be exclusive and shall supersede other requirements of the Marysville Municipal Code relating to parade,carnival,circus,entertainment and pUblic dance permits, and business occupancy permits,but shall not supersede the City Admissions Tax or any other applicable tax. Ordinance - 1 ,~. • •lJ • Section 3.Annual Request for Festival Proposals.In the month of February or March of each year the City may issue a request for Festival 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 two (2) consecutive weeks.Festival 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 facil- ities and structures,and provisions for sanitation and cleanup. 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 writing and must be filed with the City Clerk within ten days of the date of final publication of the request for proposals. Section 4.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 supplementation to any proposal.If the City Council determines that it will issue a Festival permit for that year,a single Fes- tival sponsor shall be selected from the duly filed proposals on the basis of the experience and qualifications of the sponsor, the merits of the Festival proposal,and the public benefits arising from the same.The City Council may impose such reason- able terms and conditions on the Festival permit as it deems to be in the public interest.The Festival sponsor shall pay the Ci ty a permit fee in the amount of $/OO,!!.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 5.Indemnification.The award of a Festival permit shall not be construed as constituting the Strawberry Fes- tival as a governmental or proprietary activity,event or func- tion of the City of Marysville,nor shall it be construed as con- stituting the Festival sponsor as an agent of the City.The Fes- tival 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. Ordinance - 2 "-'.;,..~,.. ~LlPASSED by t~e City Council and APPROVED by the Mayor this --L.f-day of MIt,£t:.1-J-,1983. THE CITY OF MARYSVILLE HAYOR ByGJr r BQ zC~~YCLERl< APPROVED AS TO FOID1: Ordinance - 3 1~83 t,if\R ~I r;l I:57 AFFIDAVIT OF PUBLICATION No._ STATE OF WASHINGTON, County of Snohomish, ss. _______JJ,l.J.__E_o __ld.9_Q(;htQ:rtJL __,being first duly sworn on oath deposes and says that he is the __.~:L~g.!'_~~.~~y'._ of THE MARYSVILLE GLOBE,a weekly newspaper. That said newspaper is a legal newspaper which has been ap- proved by order of the Superior Court in Snohomish County June 18, 1962 in compliance with Chapter 213 of Washington Laws of 1941,and it is now and has been for more than six months prior to the date of the publication hereinafter re- ferred to,published in the English language continually as a weekly newspaper in Marysville,Snohomish County,Wash- ington,and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper.That the annexed is a true copy of a ______~~.?_~~!l_~~~__~.?_'[~as it was published in regular issues (and not in supplement form)of said newspaper once each week for a period of Qtl~_con- secutive weeks,commencing on the __l:§j;J~day of _£!~:;:'~_~, 19_~}_,and ending on the !-_~~?day of __~~!_~?19_~_~, both dates inclusive,and that such newspaper was regularly distributed to its subscribers during all of said period,That the full amount of the fee charged for the foregoing publi- cation is th~sum of $.9_~.!9_~_,which amount has been paid in fun _~~ Subscribed :~-:~~:~e-t~:-:::~:~:~:: day of ~~:~=~ Notary PUblic in and for the State of Washington, Residing at MarySVille. CITY OF MARYSVI LLE Marysville,Washington ORDINANCE NO.1278 An Ordi,•."c~~f the City of Marysville Relating to the Straw,berry Festival; establishing a procld..re for Issuance of a Master Permit to the Festival Sponsor;walv, Ing the .ppllc;atlon of certain City Codes; and repealing Sections 5.48.010,5.41.020 anc 5.48.030 of the Marysville Municipal Code.', WHEREAS,the Strawberry Festival has been an established annual even,t ~n the Cit) of Marysville since 1932,and serves the public Interest by enhancing the City s pUblic 1m age,providing famny-orlented entertainment and recreation,and encouragtng tradE and commercei and - WHEREAS,the responsibility and effort to plan,Implement and manage the Festlva Is most efficiently and effectively undertaken by a single,private sponsor which wll unify and coordinate all Festival activities;NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF MAR:V:SVILLE,WASHINGTON,DO OR DAIN AS FOLL.OWS:,' .:.,,",'I ••-'liV",.~.,.', Section 1.Repealer.Sections 5.4.010,5.4.020 and 5.48.030,of tl:'e Ma.rysvllle Munlclpa Code are hereby REPEAL.ED.. Section 2.Strawberry Festival Master Permit.The City Council may annually Issue i single Strawberry Festival master permit ("Festlval permit")which shall authorize th4 permit holder to sponsor the Clt,V·wlde Strawbe~ry Festlva'for that year.Said perm' shall designate the geographical boundaries of a Festival area and may Include provl slonswlthln said area for Festival parades,carnivals,sporting and recreational events use of public right-of-way,use of public parks,erection of temporary vendor focllltle and structures,sanitation iI~d cleanup;and Insurance,Indemnity and hold harml@s agreements.With respect to all Festival actlvltl@s Within the boundaries of the Festlva area,the permit shall be exclusive and shall supersede other requirements of thl Marysvlll@ Municipal Code relating to parade,carnival,circus,entsrtalnment anI puellc dance permits,and business occupancy permits,but shall not supersede the Cit' Admissions Tax or any other applicable tll}(.,.,'-,'.> "_l -;•. Section 3.Annual Request for Festival Proposlls.In the 'month Of february or Maret ot each year the ,CitY.may Issue a request for FestlYo.1 proposals from any and all 'n terested persons or parties.'Notlflcat,lon of said requ.st st:u!l1I be publiShed In the offlclll newspaper of the City and posted In at least three (3)p\i'&lfc places In the Cltv for a perlOl of not less than two (2)consecutive weekS.Festival proposals shall describe the propm ed geographical boundaries of the Festival area,all proposed Festival activities and thl dates thereof,the use of public rlght·of-way and pUblic parkS,the number and location a temporary vendor facilities and structures,and provisions for sanitation and cleanup The proposal will further Indicate the organizational structure,background and ele perlence of the sponsor,and all Insurance Bnd Indemnification provisions which It Is abl. to offer to the City.All proposals shall be In writing and must be flied with the City Cieri within ten days of the date of final publication of the request for proposals. Section 4.Award of Festlva.Permit;Permit Fee.At any regular or special meeting 0 the City Council held at least ten (10)days after the final date of publication Of the re quest for proposals,the City Council shall consider the merits of all duly flied Festlva proposals.It may request written or oral supplementation to 'any proposals.If the Cltl Council determines that It will Issue a Festival permit for that ye~r,a single Festlva sponsor shell be selected from the duly flied proposals on the basis of the experience am qualifications of the sponsor,the merits of the Festival proposals,and the public benefit! arising from the same.The City Council may Impose such reasonable terms and condl tlons on the Festival permit as It deems to be In the public Interest.The Festival sponSOI shall pay the City a permit fee In the amount of $100.The City may reserve the right tc harge additional amounts at the conclusion of tt)e Festival to reimburse the City for ex raordlnary costs expended for municipal services. Section 5.Indemnification.The award of a Festival permtt shall not be construed a! onstltutlng the Strawberry Festival as a governmental or proprietary activity,event 01 unction of the Cltv of Marysville,nor shall It be construed as constituting the Festive ponsor as an agent of the City.The Festival sponsor shall assume all responsIbility anc lability for the conduct and management of the Festival,and the finances thereof,anc hall Indemnify and hold the City harmless from any and all claims or causes of ecner or personal Injury,death,or property damage arising from Festival activities or thE cts or omissions of participants therein." PASSED by the city CouncH and APPROVED by the Mayor this 14th day of March 983. THE CITY OF MARYSVillE By slNorm Anderson, Mayor Pro Tem ttest:By slPhJIIlp E.Oexter,. City Clerk pproved as to Form: y:slJames H.Allendoerfer,City Atty. PUblished:March 16,1983