HomeMy WebLinkAboutCity of Tamarac Resolution (293)September 17, 2002 - Temp. Reso. #9923 1
Revision No. 1 -- October 3, 2002
CITY OF TAMARAC, FLORIDA
RESOLUTION NO, R-2002µ293
A RESOLUTION OF THE. CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA,
AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO GRANT A WAIVER OF FEES TO
THE ST. MALACHY CATHOLIC CHURCH
LOCATED AT THE NORTHEAST CORNER OF
NW 61 STREET AND UNIVERSITY DRIVE TO
CONDUCT A CARNIVAL AND APPROVE THE
SALE OF ALCOHOLIC BEVERAGES DURING
THE OPERATION OF THE SAINT MALACHY
CARNIVAL BEGINNING THURSDAY, OCTOBER
17, 2002 AND ENDING SUNDAY, OCTOBER 20,
2002, PROVIDING THAT SUCH APPROVAL IS
CONTINGENT UPON OBTAINING THE
REQUIRED PERMITS AND THAT ALL STATE
INSPECTIONS ARE OBTAINED (CASE NO. 16-
MI--02); PROVIDING FOR CONDITIONS OF
APPROVAL; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, St. Malachy Parish wishes to conduct a carnival to benefit the St.
Malachy Catholic Church, St. Malachy Catholic School and other worthy causes; and
WHEREAS, the City of Tamarac has received a request from the St. Malachy Parish
(attached hereto as Exhibit "1") to conduct a carnival beginning Thursday, October 17,
2002 and ending Sunday, October 20, 2002 on church property located at the northeast
corner of NW 61 Street and University Drive; and
WHEREAS, the St. Malachy Catholic Church is a non-profit organization and is also
requesting permission to sell alcoholic beverages during the operation of the Saint Malachy
Carnival beginning October 17, 2002 and ending Sunday, October 20, 2002; and
September 17, 2002 - Temp. Reso. #9923 2
Revision No. I -- October 3, 2002
WHEREAS, the Director of Community Development, the Fire Chief and the
Building Official recommend approval; and
WHEREAS, Hildebrand's Midway of Fun, Inc. agrees to hold the City harmless of
any claims whatsoever arising from the location, construction, installation and operation of
the Carnival (attached hereto as Exhibit "2"); and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interests of the citizens and residents of the City of Tamarac to authorize the
appropriate City Officials to grant a waiver of fees to the St. Malachy Catholic Church
located at the northeast corner of NW 61 Street and University Drive to conduct a carnival
and approve the sale of alcoholic beverages during the operation of the St. Malachy
Carnival beginning Thursday, October 17, 2002 and ending Sunday, October 20, 2002,
providing that such approval is contingent upon obtaining the required permits and that all
State inspections are obtained.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Resolution.
September 17, 2002 - Temp. Reso. #9923 3
Revision No. 1 — October 3, 2002
SECTION 2: That the appropriate City Officials grant a waiver of fees to the
St. Malachy Catholic Church located at the northeast corner of NW 61 Street and
University Drive to conduct a carnival and approve the sale of alcoholic beverages during
the operation of the Saint Malachy Carnival beginning Thursday, October 17, 2002 and
ending Sunday, October 20, 2002, providing that such approval is contingent upon
obtaining the required permits and that all State inspections are obtained; is HEREBY
APPROVED subject to the following conditions.
SECTION 3: The granting of such waiver is subject to the following
conditions:
1. That all appropriate permits, inspections and licenses in the operation of the
carnival be obtained, and that all applicable permit fees be waived but the
waiving of these fees shall not eliminate the requirement to have regulatory
agency inspections.
2. That proper insurance coverage be provided to the City in connection with
the operation of the carnival.
3. That the hours of operation shall be Thursday, October 17`f' from 5:00 p.m.
to 11:00 p.m.; Friday, October 18'hi from 4,00 p.m. to 12:00 Midnight;
Saturday, October 29`p' from 12.00 Noon to 12:00 Midnight; and Sunday,
October 201h from 1:30 p.m. to 11.00 p.m.
4. That clean-up of the St. Malachy Catholic Church property is to be provided
by the St. Malachy Catholic Church and Hildebrand's Midway of Fun, Inc.
September 17, 2002 - Temp. Reso. #9923 4
Revision No. I — October 3, 2002
and shall be continuous during the operation of the carnival beginning
Thursday, October 17, 2002 and ending Sunday, October 20, 2002.
5. That the selling of alcoholic beverages is subject to regulations of the State
of Florida Department of Regulations, Division of Alcoholic Beverages and
Tobacco.
6. That the hours of operation for the carnival shall not be conducted between
the hours of 12:00 a.m, and 8:00 a.m. during the set up, operation of the
carnival and dismantling of equipment.
SECTION 4: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 5: If any clause, section, other part or application of this Resolution
is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
ul
1
SECTION 6:
passage and adoption.
September 17, 2002 - Temp. Reso. #9923 5
Revision No. 1 — October 3, 2002
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this 9t" day of October, 2002.
ATTEST:
0
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
a
a; g,
MITCHELL S. KRAFT
CITY ATTORNEY
corn mdev\u:\pats\userdata\wpdata\res\9923reso
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER AYE
DIST 1: V/M. PORTNER AYE
DIST 2: COMM. MISHKIN AYE
DIST 3: COMM. SULTANOF AYE
DIST 4: COMM. ROBERTS AYE
10/10/02
11:26 FAX 19547242453
CITY OF TAMARAC
0 002
-INDEMNIFICATION AND (HOLD HARMLESS
AGREEMENT
F This Agreement entered into on the day of , 200 .. is
made by and between the City of Tamarac, a municipal corporation (hereinafter "CRY'),
and
t i i ',(hereinafter °VENDO
t
M 1i ITNE ETH w
WHEREAS, CITY and VENDOR desire to enter into an agreement to provide
and
WHEREAS, the City Commission of the City of Tamarac has determined that the
execution of this Indemnification and Hold Harmless Agreement is in tho public interest.
NOW, THEREFORE, in consideration of the sum of
and rather good and valuable consideration received from VENDOR. and
in consideration of the mutual covenants contained herein, the parties agree as follows:
SECTION 1: That VENDOR shell indemnify, hold the CITY, its officers,
employees and agents harmless and defend the CITY, its officers, employees and
agents from any and all claims, causes of action, damages, liability, and expenses
including attorneys fees in connection with loss of life, bodily or personal injury, or
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CITY OF TAMARAC
19100.3
property damage, including loss of use thereof, directly or indirectly causes by, resulting
Pram arising out of or occurring in connection with
in the City of Tamarac. ;
SECTION 2: The above provisions shall survive the termination of this
Agreement and shall pertain to any occurrence during the term of this Agreement, event
though the claim may be made after the termination hereof.
SECTION 3: This Hold -Harmless Agreement is in addition to any other
Agreement entered into by the parties and supplements other Hold Harmless
Agreements entered into by the parties.
SECTION 4: VENDOR shall provide the Fisk Manager of the City of
Tamarac all necessary certificates of insurance in such form and amounts as required
by the Risk Manager. "
SECTION 5: VENDOR shall keep such policies of insurance in full force
and effect during the term of this Agreement and shall provide to the tusk Manager of
the City of Tamarac proof of payment of the required documents.
SECTION 6: VENDOR shall provide the CITY with the requisite document
evidencing that the signatory for VENDOR has the authority to enter into this
Agreement.
SECTION 7: This Agreement shall not be assigned without receiving City
Commission approval.
SECTION 8: Venue shall be in groward County, Florida.
IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement on the respective dates under each signature: CITY OF TAMARAC through
2
10/10/02 11:27 FAX 19547242453 CITY OF,TAMARAC. IN04
its CITY COMMISSION, signing by and through its Mayor, authorized to execute same
-by Commission action on the � day of 200 z2
* , signing by and
through , duly authorized to execute same.
ATTEST:
By:
Marion Swenson, CMC
City Clerk
Date: f f a
3
CITE` OF TAMARAC
i r
i,
r
,doe Schreiber, Mayor
Date:
c' �T
ay; g
e rey L. Miller
City Manager
Date: `
Approved as to form and legal
sufficiency:
� z
Mit+oh011 w Kraft
City :Attorney
10/10/02 11:27-FAX 19547242453
CITY OF TAMARAC
005
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