CC Resolution No. 1838 14
RESOLUTION NO. 1838
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY OF BAYTOWN'S CO-SPONSORSHIP OF THE THIRD
ANNUAL COUNTRY MUSIC SHOWCASE AT BAYLAND ISLAND ON APRIL 29,
2007, BENEFITING CHILDHOOD CANCER FAMILY ALLIANCE, INC., BY
WAIVING CERTAIN FEES ASSOCIATED WITH THE EQUIPMENT FURNISHED
BY THE CITY'S PARKS AND RECREATION DEPARTMENT; SUBJECT TO THE
TERMS AND CONDITIONS OF THE BAYLAND PARK AND WATERFRONT
SPECIAL USE PERMIT; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
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WHEREAS, the Third Annual Country Music Showcase at Bayland Island is scheduled for
April 29, 2007, which showcase shall benefit Childhood Cancer Family Alliance, Inc., a non-profit
organization created to provide emotional, educational and practical support to children with cancer and
their families; and
WHEREAS, Childhood Cancer Family Alliance, Inc., has applied for and received a Bayland
Park and Waterfront Special Use Permit specifying the terms and conditions by which it must abide
throughout the event, including setup and cleanup; and
WHEREAS, Childhood Cancer Family Alliance, Inc., has requested that the City waive the fees
associated with the following equipment furnished by the City:
No. Description Quantity Unit Price Extended Price
1 Tents(20' x 30') 2 $200.00 $400.00
2 Tents(10' x 10') 2 $100.00 $200.00
3 Bleachers 4 $50.00 $200.00
4 Portable Stage(20' x 30') 1 $200.00 $200.00
TOTAL $1,000.00
WHEREAS, the City Council desires to co-sponsor the event through waiving the equipment fees
associated with the above-referenced items; provided all deposits therefor are paid in full; NOW
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes the City
of Baytown's co-sponsorship of the Third Annual Country Music Showcase at Bayland Island on
April 29, 2007, benefiting Childhood Cancer Family Alliance, Inc., by waiving the fees enumerated in the
recitals hereof associated with the equipment furnished by the City's Parks and Recreation Department;
subject to the payment of all appropriate deposits for such equipment and subject to all other terms and
conditions of the Bayland Park and Waterfront Special Use Permit, which permit is attached hereto as
Exhibit"A" and incorporated herein for all intents and purposes.
Section 2: This resolution shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED, by the affirmative v of the City Council of the City of
Baytown this the 22"s day of March, 2007.
ST PH DONCARLOS, Wayor
&V4w* ff-
APPROVED AS TO FO M:
ACIO RAMIREZ, SR., City mey
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2
Exhibit "A"
BAYTOWN PARKS AND RECREATION
Bayland Park and Waterfront
SPECIAL USE PERMIT
'i DATE REQUESTED:_Sunday,April 29,2007 START TIME:_12:00 NOON_ END TIME:_10:00 PM
EXACT NATURE OF THE USE:_Fund Raiser for Childhood Cancer Event
PERMITTED AREA REQUESTED: Parking Lot at Marina TOTAL#ATTENDING_1,500
ALCOHOL SERVED: YES_X NO EQUIPMENT REQUEST: YES x NO
Name of Applicant: Baytown Country Music Showcase Benefiting Candlelighters
Street Address: 2651 S. Hwy. 146.
City: Baytown State: Texas Zip: 77520
Home Phone: 832/514-0422 (Rikki Wheeler) Work Phone: 281/831-3983 (Jack Adcox)
Email: rikkiCcDbaytownchamber.com Driver's License / ID #: 15099159 TDL (Rikki)
My signature below indicates that I have read and understand the Alcohol User Agreement and Park Policies and
Procedures, and hereby accept the conditions of the alcohol user agreement, which is attached hereto and incorporated
herein for all intents and purposes, and assume responsibility for informing my patrons, guests, licensees, and invitees
concerning qth��is serious matter.
O Y. Wtie . JJ .a,y 7, 2007
Signature of Applicant Date
EQUIPMENT USAGE REQUEST
Please circle all equipment requested for the above mentioned event.
20'x30' TENT 10'x10' TENT
Deposit-$200.00 per tent (refundable) Deposit-$100.00 per tent (refundable)
Rental Fee-$200.00 per tent Rental Fee-$50 per tent
'requires and includes set-up/take-down `does not require or include City staff set-up
20'x30' STAGE BLEACHERS (ALUMINUM)
Deposit- $200.00 (refundable) Deposit-$100.00 per bleacher(refundable)
Rental Fee-$200.00 Rental Fee-$50 per bleacher
•requires and includes set-up/take-down 'requires and includes set-up/take-down
•The equipment usage requests must be approved by the Director of Parks and Recreation, and is based on availability of
equipment and staff.
LIVE OUTDOOR EVENT PERMIT/ OPEN AIR VENDOR PERMIT
Live outdoor performances, exhibitions, carnivals, or circuses must obtain a Live Outdoor Exhibition Permit
from the City of Baytown Health Department, located at 220 W. Defee. Permittees may be subject to an
application fee of$100.00 and $100.00 per day in accordance with Section 42-286 of the Code of
Ordinances, Baytown, Texas, along with inspections by the Fire, Inspection, and Health Departments.
Permit must be obtained within two (2) business days prior to the date of the event.
All food vendors must obtain a Temporary Health Permit from the Health Department within two (2)
business days prior to the date of the event.
..............................................................................,
FOR OFFICE USE ONLY
Equipment Usage Request Approved: [x]yes 0 no ( If YES,indicate the total quantities and total fees to be paid below.)
RENTALFEES
Tent (2000) Deposit Fee: $200.00 flat rate
Tent (2000) Rental Fee: $200.00 x_2 (quantity) =
Tent (10x10) Deposit Fee: $100.00 flat rate
Tent (10x10) Rental Fee: $100.00 x_2 (quantity) =
Stage (2000) Deposit Fee: $200.00 flat rate
Stage (2000) Rental Fee: $200.00x 1_(quantity) _
Bleacher Deposit Fee: $50.00 flat rate
Bleacher Rental Fee: $50.00 x_4 (quantity) _
TOTAL FEES: $
APPROVAL OF SPECIAL USE PERMIT
Signed and issued this the_day of 20.
Director of Parks& Recreation Signature
BAYTOWN PARKS AND RECREATION
Bayland Park and Waterfront
CITY ORDINANCE
SECTION 70.8. ALCOHOLIC BEVERAGES
It shall be unlawful for any person to possess or consume alcoholic beverages in city parks except at
Bayland Park, and there only at times and under conditions and requirements designated by the director of
parks and recreation in consultation with the city manager and other city staff.
ALCOHOL USER AGREEMENT
The City prohibits possession, use or consumption of any alcoholic beverages in City parks and park facilities
(including adjacent parking lots) unless a person or group has been issued a permit. Reservations for activities
where alcoholic beverages are proposed to be possessed, consumed, sold or otherwise permitted must meet
the following requirements:
The Reservation Form and Special Event Indemnity Form have been completed and by the
Permittee and approved by the City Attorney.
The consumption of alcohol is limited to within the confines of the permitted area, no one,
except as expressly provided herein, may leave or enter the area with any kind of alcohol. No
participant may leave the permitted area, for any reason, with a cup, can or other container or
be allowed to bring in any container,such as coolers, cans, bottles, glasses, etc.
Certified peace officers, provided by either the Baytown Police Department or the Harris
County Constables Office, Precinct 2, as approved by the Director of Parks and Recreation
(the "Director"), will be required at the expense of the Permittee. The number of officers will
be determined by the Director, in consultation with the Baytown Chief of Police. Generally,
one (1) officer will be required per 100 people when alcohol is being dispensed. Fees for the
certified peace officers must be paid in cash for the entire hours reserved for the function, prior
to the event start time. If the payment for security services is not paid in cash at the event
before the same starts, the permit for the event shall be considered null and void, and the
event shall be automatically cancelled and any advanced payments for the event will be
forfeited. The certified peace officers will be informed in advance about whether events have
been issued alcohol permits.
The above paragraph shall not prohibit the Permittee from hiring additional security officers
should the Permittee feel it necessary. The Permittee understands and agrees that the
Permittee shall be solely responsible for the event and the safety of itself, its officers,
agents and employees as well as all patrons, guests, licensees, or invitees, or of any other
person entering the permitted area.
Events, which include the serving of alcoholic beverages, shall be conducted under the laws of
the State of Texas and rules and regulations of the Texas Alcoholic beverage commission.
Permittees are required to contact the TABC for information regarding such rule and
regulations.
Any event where a TABC license is required, a copy of the license shall be fled with the Parks
and Recreation Department at least 72 hours prior to the event.
Cash Bar
Beer, wine or liquor can only be served to the Permittee's guest by a private club that
maintains a TABC license and obtains a temporary TABC permit to serve alcohol within the
permitted area. (This temporary permit can only be issued directly to that private club and not
to the sponsor of that event).
Charity Functions
A temporary three-day TABC license is required for all civic, charitable or religious
organizations hosting events where beer products are sold to Permittee's patrons, guests,
licensees, or invitees (This temporary permit is issued to the Permittee hosting the event).
Alcohol will be permitted only with liquor liability insurance in the amount of $1,000,000. The
policy must name the City, it officers, agents and employees as an "Additional Insured" and be
on file with the City prior to the reservation date. Confirmation of approved liquor caterer
(carries $1,000,000 liquor liability insurance) must be completed at least 10 business days
prior to the scheduled event.
If the event has a cash bar or is part of a charity function, alcoholic beverages must be
dispensed by trained personnel with a caterer or food establishment that hold a current alcohol
permit and liquor liability insurance. Permittee's chosen caterer must contact the Baytown
Parks & Recreation Department at (281) 420-6598 in order to confirm the use of alcohol at
your event.
Sales of alcoholic beverages shall be managed through a ticket sales location remote from the
alcohol dispensing area.
Dispensing of alcoholic beverages shall be suspended at least one (1) hour prior to the
scheduled end time of the event.
Alternative non-alcoholic beverages must be available on-site, in close proximity to the alcohol
dispensing area, and a food function or food concessions must be included during the entire
event time.
PLEASE NOTE: Failure of Permittee to meet the above requirements will result in the cancellation of the event,
and any deposits and fees paid will not be refunded.
PARK POLICIES AND PROCEDURES
Reservation Information
1. All reservations must be made through the Parks and Recreation Department Office between the
hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, exclusive of holidays.
2. The Baytown Park Facilities shall be available for rental:
• Monday through Thursday from 6:00 a.m. to 10:00 p.m.
• Friday through Saturday from 6:00 a.m. to 10:00 p.m.
• Sunday 12:00 p.m. to 8:00 p.m.
3. The Community Center and Gray Center shall not be rented on the following holidays: New Year's
Day, Martin Luther King Day, Good Friday, Easter, Memorial Day, July 4"h, Labor Day,
Thanksgiving Day, Christmas Eve, and Christmas Day. The Pavilions will be available for rental on
every day of the year.
4. Permittee must be at least 18 years of age to reserve the Pavilion and must be present at all times
during the function or activity.
5. Reservations are on a first come, first serve basis and may be made in person or by phone. All
reservations shall require a Reservation and Damage Deposit, which must be paid within two
working days of the booking unless a shorter time frame is required. Failure to tender the required
Reservation and Damage Deposit within the two-day period shall result in the cancellation of the
reservation. The Parks and Recreation Department will reserve the Pavilions, Community Center
and Gray Center beginning November 15t for the following year. The amount of the Reservation
and Damage Deposit will depend on the room booked. See attached fee schedule for more
information on fees.
6. Reservations should include decorating and clean up within the time frame rented.
7. All rental fees are due two weeks prior to rental date. If rental fees are not paid two weeks prior to
rental date, then the deposit will be forfeited and the Parks and Recreation Department may rebook
the Pavilion, Community Center and/or Gray Center without any further obligation to the person or
organization that reserved the Facility. If the reservation is made less than two weeks prior to the
rental date, the Reservation and Damage Deposit and all rental fees are due in cash within 24
hours of the reservation.
8. No single activity of special interest shall be permitted to monopolize any Facility. The frequency
and usage of a Facility will be at the approval of the Director of Parks and Recreation or his/her
designee (hereinafter collectively referred to as the "Director") in order to best serve the interests of
the community.
9. The City of Baytown Parks and Recreation Department requires renters to obtain a Special Use
Permit for the exclusive use of Bicentennial Park's Amphitheater, Gazebo, and Park, a minimum of
sixty (60) days prior to the event date. The following type of activities may not be conducted in the
park, unless a permit has been approved by the Director of Parks and Recreation:
a) Any organized sporting event
b) Any exhibit, dramatic performance, play, motion picture, radio/television broadcast, fair, circus,
carnival, musical event, or any similar agent
c) Any public meeting, assembly, parade, ceremony, address, speech, political meeting or other
gathering
d) Any use of a park facility by a group of persons to the exclusion of others
e) Any use involving amplified sound
10. The above listed activities will also require Commercial General Liability insurance in the amounts
of $1,000,000 for each occurrence. The insurance should list the City of Baytown as additional
insured.
11. A Special Use Permit must also be obtained for use or alcohol at Bayland Park and Waterfront.
12. From time to time, and possibly without advance notice, it may be necessary to cancel or postpone
and reschedule reservations. Also, it may be necessary to move, sometimes without advance
notice, reservations to a different room or facility. However should, for any reason, the City be
unable to relocate an event, the City and the Permittee understand and agree that the event shall
be cancelled or rescheduled without any liability to the City. If the event is cancelled, the City shall
give a full refund to the Permittee. The City will, nevertheless, endeavor to honor reservations
made in compliance with this policy.
IN THE EVENT OF ANY SUCH CHANGE OR CANCELLATION, THE PERMITTEE, BY THE
ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS POLICY AGREES TO RELEASE,
HOLD HARMLESS AND DISCHARGE THE CITY OF BAYTOWN, ITS OFFICERS, AGENTS AND
EMPLOYEES (COLLECTIVELY REFERRED TO IN THIS PARAGRAPH AS THE "CITY") FROM
AND AGAINST ALL CLAIMS, DEMANDS, CAUSES OF ACTIONS OF EVERY KIND AND
CHARACTER, INCLUDING THE COST OF DEFENSE THEREFOF FOR ANY DAMAGES OR
LOSS THAT IS CAUSED OR ALLEGED TO BE CAUSED BY, ARISING OUT OF OR IN
CONNECTION WITH SUCH CHANGE OR CANCELLATION, REGARDLESS OF THE
NEGLIGENCE OF THE CITY. IT IS THE EXPRESSED INTENTION OF THE PARTIES HERETO,
BOTH THE PERMITTEE AND THE CITY, THAT THE INDEMNITY PROVIDED FOR IN THIS
PARAGRAPH IS INDEMNITY BY PERMITTEE TO INDEMNIFY AND PROTECT THE CITY FROM
THE CONSEQUENCES OF THE CITY'S OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE
IS THE SOLE OR A CONCURRING CAUSE OF THE INJURY, DEATH OR DAMAGE.
In the event that any action or proceeding is brought against the City by reason of any of the
above, Permittee further agrees and covenants to defend the action or proceeding by legal counsel
acceptable to the City. The indemnity provision contained in this Article 10 shall survive expiration
or earlier termination of the Permittee's reservation agreement.
13. Permittee by the acceptance of the Pavilion, Community Center and Gray Center reservation
assumes all liability and responsibility for injuries, claims, or suits for damages to person or
property, of whatever kind or character, whether real or asserted, occurring throughout the term of
the reservation, commencing from the reservation of the Pavilion, Community Center and Gray
Center, arising out of or by reason of the reservation and/or use of the Pavilion, Community Center,
and Gray Center.
14. The Director, in his/her sole discretion, shall determine if security services are needed and the
number of security officers required for each event. All security officers must be City of Baytown
Police Officers, unless otherwise approved by the Director. Some examples of such events, which
require security, include, but are not limited to, evening events, wedding receptions, anniversary
parties, quinseaneras, dances, banquets, parties, and large events over 100 guests. Generally,
one security officer shall be required for each 100 guests fora minimum of three hours per event.
Reservations requiring security services will require a Security Services Deposit of $75.00, In the
event that security services are cancelled less than 3 working days in advance with the Parks and
Recreation Office, the security deposit will be forfeited by the Permittee and given to the scheduled
security officer. If the reservation required more than one security officer, the reservation and
damage deposit may also be forfeited to cover the cost of the scheduled officers. The Permittee
agrees to pay $25.00 per hour per security officer. Security officers are to be PAID IN CASH on the
actual date of the event prior to commencing the event. If the payment for security services is not
paid in cash at the event before the same starts, the permit for the event shall be considered null
and void, and the event shall be automatically cancelled and all advanced payments for the event
will be forfeited. If the event runs over the allotted time, the Permittee shall be obligated to pay the
security officers for additional time at a rate of$25.00 per hour.
The above paragraph shall not prohibit the Permittee from hiring security officers or additional
security officers when the same is not required by the Director. Permittee understands and agrees
that the Permittee shall be solely responsible for the event and the safety of Permittee and all
Permittees' guests.
15. All reservations must be confirmed with a signed permit by the Parks and Recreation Department
representative and the Permittee.
16. The use of the kitchen shall never be assumed to be included in a reservation for the Auditorium or
Meeting Room. A separate reservation, deposit and rental fee are required for this area.
Kitchenettes are available for use by all Permittees in the facility. No additional deposit or rental
fee will be charged for the use of these areas, but no one group may monopolize the use of any
kitchenette.
17. Annual Reservations will be accepted from groups on a first come, first serve basis with the
calendar year considered from January 15t to December 31st. The Parks and Recreation
Department will endeavor to notify persons and groups with annual reservations that during the
prior calendar year reserved a room in the Community Center or the Gray Center of the date to
renew annual reservations. However the City shall not assume any liability should the City fail to
so notify any person or group. No group will be guaranteed a certain room, time or date from year
to year. Individuals or groups who wish to make reservations more than one year in advance, but
not to exceed two years in advance, must submit a request in writing to the Parks and Recreation
Office. The Director of Parks and Recreation will have the sole discretion to grant or deny any
such request submitted.
Cancellations/Refunds
1. Cancellations must be made in writing and received by the Parks and Recreation Office at least two(2)
weeks prior to reservation date in order to receive a full refund of rental fees and deposit. If a
cancellation is not received two weeks in advance, the amount equal to the rental fees will be forfeited
from the fees paid. The Parks and Recreation Department will refund any remaining balance.
2. The Parks and Recreation Department will promptly deposit all monies received from Permittees. The
Parks and Recreation Department will not hold money, delay in depositing checks, or accept any
postdated checks.
3. Refunds of a Permittee's deposit will be issued after the event if the facility is cleaned and left in the
same or better condition as it was in prior to the event, as determined in the sole discretion of the
Director. Refunds take approximately 10 working days to process and mail. All refunds will be made
payable to and mailed to the Permittee at the address noted on the reservation permit.
4. At no time shall a Permittee sub-lease or assign its reservation to another person, group or
organization. No Permittee shall change or rotate the Permittee's designated hours with another renting
party without doing so through the Parks and Recreation Department.
General Information
1. Smoking is not permitted in any City Facility.
2. Alcohol Beverages are not permitted in any City Facility by City Ordinance, Parks and Recreation Sec.
70-8.
3. Animals of any kind are not permitted in the Pavilion, Community Center or the Gray Center with the
exception of assist dogs trained and in service to a physically impaired or challenged person and police
dogs that are part of the City of Baytown's K-9 unit.
4. Additional services which are not normally provided by the Community Center or the Gray Center, such
as special sound and lighting equipment, and extra electrical cords or services must be furnished solely
by the Permittee who agrees to assume all necessary expenses associated with the additional
services.
5. The City of Baytown shall assume no responsibility for any property placed on or in its facilities and/or
grounds and is released from any and all liability for loss, injury or damage to persons or property that
may be sustained by the use or occupancy of the Pavilions, Community Center or Gray Center.
6. The Permittee assumes all responsibility for all damages to the Pavilion, Community Center or the Gray
Center, property, furniture and/or equipment provided by the City to the Permittee, as determined in the
sole discretion of the Director. Damage incurred during an event will result in the loss of all or part of
the Permittee's Reservation and Damage Deposit and could result in additional charges depending on
amount of damage. The amount deducted or charged will be equal to the cost to the City to repair the
damage. Damage may jeopardize the Permittee's ability to reserve any of the City's facilities in the
future.
If the Pavilion, Community Center or the Gray Center has any damages, the Permittee must notify the
Building Attendant on duty immediately upon the Permittee's entry into the facility. Failure to do so
shall result in the presumption that any damage found at the end of the rental period resulted from the
Permittee's use of the Pavilion, Community Center or the Gray Center.
7. All groups and individuals using the Pavilion, Community Center or the Gray Center shall comply with
all laws including federal, state and local laws. These laws shall include all city ordinances and all
regulations of the City and its departments, which may in any way, affect the rental or use of the
Community Center or the Gray Center.
8. Discrimination against any person(s) with regard to race, color, religion, sex, national origin, age, or
disability by any group or individual renting the facilities is prohibited.
9. Groups or individuals shall only be permitted to use the area(s)designated on their permit.
10. No groups or individuals shall schedule an event having larger attendance than established occupancy
limit of the area rented.
11. All Parks and Recreation equipment shall remain in the Pavilion, Community Center or the Gray Center
at all times.
12. Displays, posters and advertisements for events held in the Pavilion, Community Center or the Gray
Center must be approved in writing by the Director. All brochures, fliers, or other printed material must
be distributed in the confines of the facility the Permittee's has rented.
13. Employees of the City of Baytown shall set-up and breakdown all tables and chairs. No set-up of any
Parks and Recreation Department equipment may be done by the Permittee. Parks and Recreation
equipment shall not be removed from any facility at any time without prior written approval from the
Director. No changes in the setup may be done less than one week prior to the event date.
14. Any person entering the facility improperly attired shall be asked to leave by staff.
15. Unless expressly stated to the contrary in this policy, a violation of this policy shall result in the forfeiture
of any deposit or fee paid for a facility reservation and jeopardize the Permittee's ability to reserve any
of the City's facilities in the future. Furthermore, nothing contained in this policy shall be construed to
limit the City's remedies to recover damages for violations of the policy.
Park Facility Clean Up
1. Amplified sound systems are allowed at any Park Facilities, but must not be a disturbance to the
surrounding residential area or in violation of the City's noise ordinance
2. Permittee must pick-up all trash and/or garbage from inside Park Facility and the area adjacent to the
facility. Trash and/or garbage are to be placed in plastic bags and tied and placed in the proper trash
receptacle.
Permittee's failure to properly clean the facility at the end of rental may result in loss of all or part of Permittee's
reservation and damage deposit.
BAYTOWN PARKS AND RECREATION
P.O. Box 424
Baytown, Texas 77722-0424
(281) 420-6597