REQUEST FOR BOARD ACTION
AGENDA TITLE: Adopt an ordinance to establish a policy for “Facility Use Requests”. (BOD) (This item was placed on the agenda at the request of Director Laney J. Harris)
AGENDA DATE: 05/01/2017
DATE SUBMITTED: 04/19/2017
PREPARED BY: Laney J. Harris
SUBJECT: Facility Use Requests with attached documentation from FOI request
EXHIBITS: Ordinance and FOIA Request
This item was placed on the agenda at the request of Director Laney J. Harris
EXPENSE REQUIRED: $0.00
AMOUNT BUDGETED: $0.00
APPROPRIATION REQUIRED: $0.00
SUMMARY: Director Harris has requested an ordinance to establish a policy for “Facility Use Requests”.
BOARD ACTION: This item was placed on the agenda at the request of Director Laney J. Harris
EMERGENCY CLAUSE: No emergency clause is requested.
This ordinance was written by Director Laney J. Harris
ORDINANCE NO. ______
AN ORDINANCE TO ESTABLISH A POLICY FOR “FACILITY USE REQUESTS”.
WHEREAS, the purpose of this ordinance is for public importance and public interest for the City of Texarkana, Arkansas; and
WHEREAS, the City of Texarkana, Arkansas does not has a written uniform policy, for Facility Use Requests Application process; and
WHEREAS, the Board of the City Directors is the utmost legislative and executive policy-making body under the city-manager form of government; and
WHEREAS, as the executive policy–making body, the Boards of Directors adopt ordinance and resolutions and set policies for the City of Texarkana, Arkansas; and
WHEREAS, the Boards of Directors hire the city manager that operations the city’s day to day operations through by ordinances, resolutions and set written policies; and
NOW THEREFORE, BE IT ORDAINED by the City of Texarkana, Arkansas Board of Directors that:
Section 1. Title. This ordinance shall be known as the “Facility Use Request Ordinance” for the City of Texarkana, Arkansas. In order to secure for ourselves the benefits and responsibilities for decisions of Facility Use Requests Applications and in order to provide city government to serve our present and future needs, do hereby adopt this ordinance and as part thereof adopt the following.
SECTION 17-8 Facility Use Request
Administrative Guidelines for Community Use of City’s Facilities
1. In no instance, shall the use of a facility be where it causes the City expenditures which are not covered.
2. The individual, group, organization, may be assessed appropriate fees to use a facility.
3. The individual, group or organization will agree that no immoral or illegal activity will take place in/on the property. They shall comply with all laws, code and ordinances.
4. The City of Texarkana, Arkansas Parks hours of operation are from 6:00 A.M. to 11:00 P.M. All park events must conform to these hours unless revision is approved by the Board of Directors.
5. Individuals, groups or organizations agree they will be responsible to the Recreation and Parks Department for the use and care of the City facilities and property. No one under the age of eighteen (18) shall be granted use of a facility.
6. Only the rental individual, group or organization has excluded rights of the facility rental/ reserved however no one can exclude anyone from entering a City park during the park normal operation hours. Only the pavilions and baseball fields may be reserved exclusively.
7. City baseball park concessions are exclusive right of the City of Texarkana, Arkansas unless special permission has been granted to the requesting party.
8. No fireworks or open flame devices are permitted on any City property without approved of the Fire Marshall.
9. If the individual, group or organization will be needing access to electricity or water, they should contact the Park & Recreation Department at least three (3) business days prior to the event to assure previous arrangements are still needed.
10. All events must comply with the American with Disabilities Act and does not and shall not discriminate because of race, color, sex, language, religion, national or social origin, gender, age, marital status, in any activities or operation. The activities include but not limited to, hiring and firing of staff, selection of volunteers and vendor, and providing of service.
11. Admission and gate fees charged to event on City property to participants by any individual, group, organization or sponsor must be approved by the Board of Directors.
12. All individuals, groups or organizations using facilities must conform to all City ordinances and fire rule & regulations. Violation of any law, rule, ordinance by any individual, group, organization during usage shall be sufficient cause for denying for further use of city property to that applicant.
13. Request for assistance from City personnel must be approved by the City Manager. The request for City personnel shall be part of the initial application. With limited personnel, assistance will be on a case by case bases and only if such resources permit.
14. Traffic safety equipment, cones and barricades shall be placed in location as directed by the Police Department and/or Public Works Department. The individual, group or organization shall be responsible for removing and returning traffic safety equipment unless prior arrangement has been made with the Public Works Department.
15. The individual, group, or organization shall inform the City in writing seven (7) days in advance of cancellation of the scheduled event. However, application fee is non-refundable and non-notice of cancellation within the seven (7) days, would result in up to fifty percent (50%) reimbursement of fees.
16. Any and all fees and charges shall be in according to the fee schedule and applied according to profit or no profit status. The fees and charges listed on the application may at any time be subject to review and may be changed as a result of increases due to salaries, utilities and or other direct costs.
17. All contracts are between the individual, group, organization and sponsor for acts, shows, performing groups, vendors etc., and any and all debts, damage, claims, demand by having such events will be the sole responsibly of individual, group, organization and sponsor of such debts and the City will be held harmless for any such claims here thereof.
18. Unless written approval is given, wild and exotic animals, motorized vehicles or cycles, skateboards, roller blades, go-carts, rockets, powered model airplanes are not allowed at any events. Authorization will not be granted under any circumstance if it is determined that such use or exhibit presents a danger to the persons, participants or property.
19. No weapons of any kind including concealed license holders are allowed at any parks and events.
20. A group or organization applicant must designate an individual responsible for all request (changes and modifications) for the event.
Section 2. Administrative Decisions.
a) Within 15 days of submission for Facility Use Request Application the individual or organization will receive an administrative decision and the individual or organization will be given a letter of approval or denial in whole or in part of a request of an interested person made in connection with any Facility Use Request. The notice shall be accompanied with a statement of the grounds for denial.
b) The individual or organization has the responsibility of making all facts known to the City to settle any questions regarding their application request. This must be completed prior to the application being approved.
Section 3. Date and Conflicts
a) The Facility Use Request will be based on a first come first serve bases. However, to help avoid date conflict, it is preferred that the person or organization request is submitted 90-day notice. So, that impact on all parties (Public Works Department, public safety (including Police and/or Fire, area business, traffic flow) and prior approved events can be considered
b) For events already scheduled or approved in different parts of the City on the same date shall not be used for bases to deny events in other parts of the City.
c) For same day events in adjacent areas, previously approved parties need to be conferred with prior to approval or denial of such other requests.
Section 4. For Profit and Non-Profit Request
a) Nonprofit organization may be required to file a 501 (c) (3) form indicating nonprofit status.
b) Also, provide a copy of the State and or Federal tax exemption letter and number.
c) Nonprofit organizations shall at most be a community based group; however, they can be a local chapter of a national or regional organization and informal organizations operating as a nonprofit.
d) Whether for-profit, non-profit, individuals, or organization with long term continual usages, weekly and or monthly that exceed six months’ period in each calendar year or years, will required approval by the Board of Directors.
Section 5. Liability Insurance
a) The event organization or person will be responsible for such insurance if deem necessary for personal, vendors, exhibitors, participants and property.
Section 6. Responsible and Liable
a) The individual, groups, organization, will assume all responsibility and liability for damage and to indemnity and will hold harmless, the City of Texarkana, Arkansas and its employees from any demand, claims, loss or damages from any and will assume all liability for injury or damage to individuals or property.
Section 7. Alcoholic Beverages
a) Unless approved by the Board of Directors, the use and sale of alcoholic beverages at any event is prohibited. If approved, any and all beer or wine sales or use will be conducted in accordance with the rules and regulations and under proper permit of the Arkansas Alcoholic Beverage Control Commission (ABC) of the Department of Finance and Administration.
Section 8. Sanitation
a) The person, groups, organization, will assume responsibility for their own setup and cleanup unless other arrangement has been made.
b) The individual, groups, organization, must leave the property in the same condition prior to renting it. All grounds and or buildings shall be promptly vacated at the time stated on the permit and clean within one hour after the events unless other arrangement have been made. Usage and cleanup at most shall be in the request time of rental.
c) Any clean up by City personnel will be charged for reimbursement.
d) Trash collection arrangement shall be made at least five (5) business days prior to the event.
e) Porta-potty shall be provided at the expense of the event sponsor.
Section 9. Security.
a) The cost and responsibility for providing security will be the sole responsibility of the individual, group or organization for the event.
b) Security personnel may be arranged through local law enforcement of the City or County.
c) Whether to have armed security or any security will be at the discretion of the Chief of Police.
Section 10. Appeal to the Board of Directors.
a) If an administration decision has not been made within fifteen (15) days, then the request will be placed at the next Board of Director agenda for a decision without delay and normal time frame deadline for agenda will not be a factor for it placing the issues for a majority pass or fail vote.
b) Within thirty days of an administration denial the individual or his/her represented of the organization, group shall submit a statement to the City Manager requesting to appeal the administration decision of denial.
c) The city manager shall submit any departments comment or concerns to the Board of Directors. The requirement of at least four board members for a special called meeting or the appeal will be placed at the next regular board of director meeting.
d) Both parties during appeal process can submit additional documents and statements. The Board of Directors may approve, modify or deny the appeal by majorly vote.
Section 11. City Sponsor Events - Selection of Event Manager, Planner – Volunteer
a) The city shall give an thirty days (30) public notice with the selection process shall be competitive and base on request for proposal(RFP).
b) The selection of the event manager, planner-volunteer shall be completed by August 1 of the prior year to meet the deadline for Advertising & Promotion Commission (A&P) October funding process.
c) The event manager, planner-volunteer will uselize the City Finance Department purchase policy for expenditures such as technical assistance, sound person, sound stage, light stage, merchandises, and advertising, ect. and shall be submitted to the financial purchasing technician prior to selection. This does not apply with the selection of bands, acts and shows. (RailFest and Mardi Gras are considered official city sponsor events.)
Section 12. Reservation of Rights
a) The Board of Directors reserves the right to make final decisions concerning the use of facilities at all times.
b) The Board of Directors reserves the rights to refuse approval or to cancel any and all agreements issued for the use of the city property when it is deemed to be in the best interest of the city.
Section 13. Severability. All provisions of this article shall be construed to be supplementary to and not in conflict with the general laws of Arkansas. In the event of any title, section, paragraph, item, sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration of adjudication shall not affect the remaining portions of the ordinance which shall remain in full force and effect as if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the ordinance.
Section 14. Repeal. All ordinances and resolutions, and parts thereof, which are in conflict with any provision of this ordinance is hereby repealed to the extent of such conflict.
PASSED AND APPROVED this 1st day of May, 2017.
Ruth Penney Bell, Mayor
Heather Soyars, City Clerk