Resolution 3712 - Parks & Recreation PoliciesRESOLUTION N0. 3112
A RESOLUTION ESTABLISHING POLTCTES TO BE APPLIED BY THE DIRECTOR OF
PARKS & RECREATION TN REVIEWING AND GRANTING APPLICATIONS OF INDIVIDUALS
OR GROUPS DESIRTNG TO UTILIZE CITY -OWNED PROPERTY.
WHEREAS, Section 49-3-205, Montana Code Annotated, requires that
all services of every state or local government agency must be performed
without discrimination based upon race, color, religion, creed, poli-
tical idea, sex, age, marital status, physical or mental handicap, or
national origin, and
WHEREAS, Section 49-3-205, Montana Code Annotated, further requires
that
no state or local facility may be used in the furtherance of any
discriminatory practice, nor may any state or local government agency
become party to an agreement, arrangement, or plan which has the
effect of sanctioning discriminatory practices, and
WHEREAS, the City of Kalispell, for a period of several years,
required individuals and groups desiring to utilize City -owned
facilities to apply with the Director of Parks & Recreation for a
park reservation, and
WHEREAS, the City has in the past promulgated Park Rules which
have applied to all individuals and groups that desire to utilize
park facilities, and
WHEREAS, the Parks Committee of the City Council, of the City of
Kalispell, has reviewed the existing park rules in light of Montana
law and in light of past problems as determined by the Director of
Parks & Recreation, and
WHEREAS, the Parks Committee has determined that certain changes
in park rules and regulations are necessary and desirable if the City
of Kalispell in the future intends to provide public facilities to
the general public.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
r
SECTION I. That the following Parks Rules .are hereby adopted:
1. Any person or organization wishing to use City facilities
to hold a public meeting, picnic, wedding or gathering of
more than 20 persons shall submit a signed application, said
application to conform to the "Application for Park
Reservation" attached hereto as Exhibit "A" and for purposes
of this resolution made a part hereof, to the Director of
Parks & Recreation.
2. Any person or organization using City -owned sports fields
for league play shall sign an agreement with the City of
Kalispell, said agreement to conform to the Agreement, attached
hereto as Exhibit "B" and for purposes of this resolution
made a part hereof.
3. Any person wishing to put on a performance, for which
there will be an attendance charge, in any City park, must
be sponsored. Sponsorship must be by a local organization
which can furnish proof of registration with the U. S. Internal
Revenue Service as a non-profit organization and said organi-
zation must submit an Application for Park Reservation to
the Director of Parks & Recreation.
4. Any person or organization wishing to display or sell a
locally grown product or locally made item(s) or operate a
concession stand in any public park in the City shall sign
an agreement with the City, said agreement to conform to the
Agreement attached hereto as Exhibit "C" and for purposes of
this resolution made a part hereof.
5. All applications and agreements with the City for the
use of City facilities must contain a statement and the
applicant must agree that the person or organization desiring
to use City facilities does not unlawfully discriminate against
individuals or groups based upon race, color, religion, creed,
political idea, sex, age, marital status, physical or mental
handicap, or national origin.
6. The Director of Parks & Recreation shall review all
applications for the use of City Park facilities and shall
determine the location of the function and shall generally
assure that Park Rules are not violated.
7. All City parks shall be closed from 10 P.M. until 7 A.M.
8. A speed limit of 15 MPH is hereby established in all
City parks.
9. No horses are allowed in City parks.
SECTION IT. This resolution shall become effective upon
passage by the City Council and approval by the Mayor.
PASSED AND APPROVED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR
THIS _% !Z /� DAY OF JANUARY, 1987.
yhn Kenne y r., Mayor
ATTEST:
City Clerk -Treasurer
1, the undersigned, City Clerk of the City of Kalispell, certify that the
foregoing is a true copy of the Resolution passed by the City Council of the
City of lKalispell, Montana at a regular meeting Yield
City Clerk of the City of Kalispell
Il
EXHIBIT "A"
APPLICATION FOR PARK RESERVATION
APPLICATION DATE:
ORGANIZATION OR INDIVIDUALS:
INDIVIDUAL RESPONSIBLE
NAME:
TELEPHONE NUMBER:
CITY PARK & AREA REQUESTED:
TYPE OF FUNCTION:
APPROXIMATE ATTENDANCE:
DATE & TIME REQUESTED:
WILL FEES BE CHARGED?
DISPOSITION OF FEES:
Individual or organization will be held responsible for cleaning
up and/or damages and shall comply with all City ordinances.
Applicant represents to the City that it has been made aware of
Resolution No. 3712 , "Park Rules", and shall abide by said rules
and represents that it does not illegally discriminate against
any group or individual in violation of the Montana Human Rights
Act.
REQUESTS ARE TO BE SUBMITTED ON THIS FORM AT LEAST ONE WEEK PRIOR
TO EVENT.
NO APPROVED APPLICATION -- - - - - - - - - - - - - - - - - - -NO EVENT
APPROVED BY:
DATE:
I-
I
EXHIBIT "B"
AC":F,F111I?NIT
I Che _ u� 19j
J'✓ 3i�U �JL" :�t?ii the �.i�: O :.,�: 4� �i l�.on� !iurtl:i-
'Jfter cal lcd --he Cit'7, -:ind , 'ncrcin�if__er
called
W T T N E S S E T H:
WHEREAS, the City owns and maintains within its corporate limits
certain vacant property suitable as baseball fields for organized
baseball and softball leagues, and
WHEREAS, is an organization which
has as one of its purposes the providing of baseball or softball
opportunities to youths in the City and the surrounding areas, and
WHEREAS, the City desires to make available certain properties to
upon terms and conditions mutually agreed
to by the City and , and
WHEREAS, the desires to obtain the
use of the properties for baseball and softball purposes for the 1987
Summer Season.
NOW THEREFORE in consideration of the covenants and agreements
herein contained as hereinafter set forth, the parties hereto mutually
agree as follows:
1) The City does hereby grant to the
exclusive right to occupy and use, for baseball or softball purposes,
the following City owned properties during the 1987 Season:
A)
B)
C)
D)
E)
F)
G)
2) The City shall maintain the outfield and provide outfield fencing.
The shall provide infield maintenance
and clean up the fields and surrounding area.
3) , on or before the day of
1987, shall supply to the City with a roster of
players, complete schedules to games..
4) The agrees to indemnify and save
harmless the City from all suits, claims, damages and actions of any
kind or nature arising directly or indirectly on the part of the
its agents, servants, employees,
contractors and suppliers, out of its operations under this Agreement.
5) The at its own expense, will
provide such public liability insurance as will protect the
and the City from all claims for damages
to property an or persons, including death, which may arise from the
use of the property under this Agreement. All policies shall be
subject to the approval of the City Attorney of the City, for adequacy,
form of protection, and company. Public liability insurance shall
provide limits of not less than $100,000.00 for one person or occurrence,
$100,000.00 for more than one person injured or killed in any one
accident or occurrence. Property damage liability insurance shall
PrOVWU - _.' 7 1 '_ 0 1-
'_ '. 2,-;-,
Q an S: 5 , � 30 . CC The -u7jor of capios,
suppliud sA,:!
be requcsiod by
said AE!ornuy.
6) Tho
rwDresews U0 140 City Chao i�
has been ma"a
aware
of Resoluuion
No. 30 , "Park Rules-. and 0611
abide bv said
rules
and represents
WC-1-7—does not it 1 ogal ly discrim-
inate against
any
group or
individual in violation of the Montana
Human Rights Act.
CITY OF KALISPELL
Mayor
03AF
I
I
EXHIBIT "C"
I8
'I.:E CITY 0 K'AL- S'-LI.
TO 0 'ATi:0:4'CES S I0:4 STA'-'D I.T
FOR THE 1987 SEASON WITH THE FOILO[JTNG PROVISTOLl,S:
1. THE STAND WILL OPERATE AT NO EXPENSE TO THE CITY.
2. THE CONCESSTONATRE AGREES TO INDEMNIFY AND SAVE HARMLESS THE.
CITY FROM ALL SUITS, CLAIMS, DAMAGES AND ACTIONS OF ANY KIND
OR NATURE ARISING DIRECTLY OR INDIRECTLY ON THE PART OF THE
CONCESSIONAIRE, ITS AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS
AND SUPPLIERS, OUT OF ITS OPERATIONS UNDER THIS AGREEMENT.
3. THE CONCESSIONATRE, AT ITS OWN EXPENSE, SHALL PROVIDE SUCH
PUBLIC LIABILITY INSURANCE AS WILL PROTECT THE CONCESSION-
AIRE AND THE CITY FROM ALL CLAIMS FOR DAMAGES TO PROPERTY
AND/OR PERSONS, INCLUDING DEATH, WHTCH MAY ARISE FROM THE
OPERATION OF THE BUSINESS CONDUCTED UNDER THIS AGREEMENT OR
ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY THE CONCESSIONAIRE.
ALL POLICIES SHALL BE SUBJECT TO THE APPROVAL OF THE CITY
ATTORNEY OF THE CITY, FOR ADEQUACY, FORM OF PROTECTION, AND
COMPANY. PUBLIC LIABILITY INSURANCE SHALL PROVIDE LIMITS OF
NOT LESS THAN $100,000.00 FOR ONE PERSON OR OCCURRENCE,
$100,000.00 FOR MORE THAN ONE PERSON INJURED OR KILLED IN
ANY ONE ACCIDENT OR OCCURRENCE, WHICH SHALL INCLUDE PRODUCTS
LIABILITY COVERAGE. PROPERTY DAMAGE LIABILITY INSURANCE
SHALL PROVIDE A LIMIT OF NOT LESS THAN $25,000.00. THE
NUMBER OF COPIES SUPPLIED SHALL BE REQUESTED BY SAID
ATTORNEY.
4.. ALL HEALTH DEPARTMENT REGULATIONS ARE TO BE OBSERVED.
5. THE CONCESSIONAIRE WILL BE RESPONSIBLE TO KEEP THE PREMISES
CLEAN TO THE SATISFACTION OF THE PARKS SUPERINTENDENT, THE
AUTHORIZATION WILL BE CANCELLED FOR FAILURE TO DO SO.
6. IF THE STAND IS OPERATED AT A BALLFIELD, WRITTEN PERMISSION
IS TO BE OBTAINED FROM THE LEAGUES USING THAT PARTICULAR
FIELD.
7. THE STAND WILL BE USED TO VEND THE FOLLOWING ITEMS ONLY:
8. HOURS OF OPERATION ARE LIMITED TO:
DATED THIS DAY OF
CONCESSIONAIRE
, 1987.
JOHN "ED" KENNEDY, JR., MAYOR