HomeMy WebLinkAbout1966-10-10 225-T ORDINANCEIntroduced by Councilor Pinsky, Oct. 10, 1966 1 -r
_;`• CITY OF BANGOR
(TIRE.) VVrbirtM 60t Establishing Department of Parks and R.Recreation
...
Be it ordamed by tlu City Cwuil of Ow City of Rancor. a jollwmu
THAT the Revised Ordinances of the City of Bangor be further amended
by the following:
1. Chapter Il, Article 25 shall be amended by striking ,out in its
entirety, Sub -Section 2.6.
2. Chapter II, Article 22, shall be amended by changing the title from
"Recreation Department" to "Parks and Recreation Department," and further, whenever
the words "Recreation Department" appear, there shall be substituted therefor the
words "Parks and Recreation Department."
3. Chapter II, Article 22 shall be amended by adding the following
Sub -Section:
2.9 Parks and Trees. To operate and maintain all City parks and
to plant, trim, spray, presermsand remove
trees and other plants and grass areas Be public places to preserve
the beauty of such public places.
225-T
IN CITY COUNCIL
Feb. 13, 1967
J'
Taken from table and completely amended
ORDINANCE
with the exception of the title.
Ing Department of Parke
Motion to table failed by the following
)TIRE,)
Eat bli Immmffi
yes and no vote: Councilors voting yes:
Barry, Brountas, Hunt, Mindq.Councilore
and Recreation,
voting no: Baldacci, Brown, Houston,
Negev, Porterl Passed let reading by the
IN CITY
COUNCIL
fallowing yes and no vote: Councilors
O
1966
voting yesz brown,BCouncilors
Tabled
McKMinskyPorter. voting
ay, rv o ing
,
IntroDued mtl (tietl
no: Barry, 6rountas, Hunt.
!/�
CITY +RK
:1
C -CLERK
IN CITY
COUNCIL
IN CITY C L
Oct. 24,
1966
9ftis
adVezma 78 cronanflU er�rzsaed.
Feb. 27, 1967
Rankin on table.��.
}akan&ai table, ®ended by the folloMng
yee a� no vote: Councilors voting yea:
aldacei, Brountas, Brown, Houston,
M1 Porter. Councilor voting
y, '
CI CLERK
e; n,
nlor Hunt absent.
rue; • Couci
IN CITY
COUNCIL
Nov. Ib,
1966
Oxwtttes
asaed 2 r ng by the following yea
Remain on table.
8r'gmesed Ddtmr¢e
and no vote: Councilors voting yea:
Baldsaci, Brountas, Brown, Houaton,McKay,
Minsky, Porter. Councilor Remy voting
"
IN CITY COUNCIL
IN CITY COUNCIL
No. Councilor Hunt absent.
CIERP.
Dec. ]2, 1966
Jan. 9, 1967
Rain on table.
R®akin on table.
This ordinance having received 2 readings
on separate "tea, being properly certifie
IN CITY
COUNCIL
as correctly engrossed, PASSED 3rd and
Nov. 28,
1966
final reading by the following yea and
Remain on table,
jam" CI
CLERK �T� CITY CLERK no vote: voting yes:
�4N/OITY
)tel\U
Brown,
Brown, Minsky,
Ntiay, Minsky,
CITY COUNCIL
r Barry,
Porter. Councilor Harry voting no
Porter.
Dec. 28, 1966
IN CITY COUNCIL
Councilor Hunt absent.
CITY K
Remain on table.
Jan. 23, 1967
Remain on table.
CITY
CLERk
E2 CID
UNCITY
C CSERK
225-T
Introduced by Councilor Minsky, Oct. 10, 1966
ry�p' CITY OF BANGOR
mnf.) (Drbin=it, Establishing Department of Parka and Recreation
Be K ordain! 5y tAe City Couaeil of Us City of Hangar, as A&W:
THAT the Revised Ordinances of the City of Bangor be further amended
by the following:
1. Chapter 11, Article 25 shall be amended by substituting thereof
the following:
"2.6 Esplanades and Trees. To plant, true, spray, preserve and
remove truce and other plants, and to maintain grassy areas
in public ways."
2. Chapter H, Article 29 shall be repealed in its entirety.
3. Chapter H, Article 22 shall be amended by striking cut N its
entirety and substituting the following:
CHAPTER II
ARTICLE 22 - PARKS AND RECREATION DEPARTMENT
Sec. I. Parks and Recreation Department Created. In accordance with
Article V, Section 2 (a) of the City Charter, there is hereby
established a Parke and Recreation Department.
Sec. 2. Functions of the Parke and Recreation Department. It shall be the
functions of this department:
2.1 Parks and Public Places. To plan, operate, and maintain
all parks and public places to increase safety, preserve the
symmetry and beauty of such parks and public places.
Chapter He Art. 22
Sec. 2, - Sec. 2
2.2 Organize a Municipal Recreation Program. To promote,
organize and supervise a comprehensive municipal recreation
program and administer the same in the interest of the entire
community.
2.3 Supervise Playgrounds, Swimming Pools. etc. To supervise
the recreational use of parks, playgrounds, play fields,
recreation centers, swimming pools, ball diamonds and
such other recreational areas and facilities as may be made
available to carry out the City's recreation program.
2.4 Conduct Cultural and Social Activities. To conduct and
supervise all forms of recreational, cultural or social
activity that will employ the leisure time of the citizens
in a wholesome and constructive manner.
2.5 Operate and Maintain the Municipal Auditorium. To carry
out the operation and maintenance of the Auditorium, and
to perform any other related functions which may hereafter
be prescribed by act of the City Council.
2.6 Concession Operation. To operate and maintain the conces-
sion areas in the Municipal Auditorium.
Sec. 3 Parks and Recreation Director. There 13 hereby authorized and
established the position of Parke and Recreation Director. This
position shall be included in the Personnel Classification and
Compensation Plan for the City of Bangor. The Parks and Recreation
Director shall supervise the entire operation of the Parks and
Recreation Department. The Parks and Recreation Director shall
be appointed by the City Manager an the basis of merit and fitness
alone, subject to the confirmation of the City Council.
3.1 Monthly Report to the City Manager. The Parks and
Recreation Director shall make a report to the City Manager,
before the first Council meeting of each month, as to the
business of his office during the preceding month.
3.2 Other Duties. To perform such other duties as may be
prescribed by the City Manager or any applicable state or
local laws and ordinances.
Chapter II, Art. 22
Sec. 4
Sec. 4 Parks and Recreation Advisory Committee Created. In accordance
with Article V, Section 2 (a) of the City Charter, there is hereby
authorized and established a Parks and Recreation Advisory
Committee to consist of seven persons who shall be appointed by
the City Council. The City Planner is to be an sc-officlo member
of the Advisory Committee.
4.1 Method of Appointment and Term of Office. The members
of the Committee shall be appointed annually to serve for a
term of three years and until a successor is duly appointed.
Any vacancy created on the Committee shall be filled by
appointment by the City Council for the remainder of the term.
4.2 Council Membership. At the time the first committee
members are appointed, and annually thereafter, at the
organization meeting following each municipal election,
the Council shall appoint one of its members to serve ex -
officio as a member of the Parks and Recreation Advisory
Committee.
4.3 Functions of the Parks and Recreation Advisory Committee.
It shall be the functions of this Committee to hold regular
X meetings and to advise the Parks and Recreation Director
and the City Manager with respect to the policy and
administration and all phases of the recreational program
of the Parks and Recreation Department.
Sec. 5 Municipal Auditorium.
5.1 Auditorium Manager. There is hereby authorized and
established the position of Auditorium Manager. The
Auditorium Manager shall be appointed by the Director of
Parks and Recreation, subject to the approval of the City
Manager. This position shall be included in the Personnel
Classification and Compensation Plan for the City of Bangor.
5.2 Definitions. The following words and phrases, when used
in this ordinance, have the meanings as set out herein.
5.21 Auditorium. The word "auditorium" means the
building erected on Bass Park by the Bangor Recrea-
tion Center.
Ch. II, Art. 22
Sec. 5, Sec. 5.2
5.$2 Permittee. The word "permittee" means the "person'
as defined herein who shall have been
duly granted a permit by the authorized representa-
tive of the City of Bangor to use the Auditorium In
accordance with the provisions of this ordinance.
5.2j Permit. The word "permit" means the written,
typewritten or printed permission issued
to an applicant by the Auditorium Manager under
the authority of this ordinance and conditions as
herein provided and means and includes any amend-
ments or supplements to such permit.
5.24 Person. The word "person" means and includes,
except where the context requites a
different meaning, an individual, a co -partnership,
Joint adventysers, a firm, an unincorporated assocle-
tion, a syndicate, a club, a society, a trust, and
all private or political or charitable or social
organizations doing business or existing under and
by virtue of any laws as a corporation or otherwise.
5.2$ Maw. The word "manager" means the Auditorium
Manager except when the context requires
a different meaning.
5.3 Authe`Srization to Lease. The City Manager, for and on
behalf of the City of Bangor, is hereby authorized to contract
with the Bangor Recreation Center for a lease of said
Auditorium, for a period not exceeding thirty years. The
terns of said lease shall be as much as may be mutually
agreed upon between the said City of Bangor and the
Recreation Center. Said lease when drawn shall be.
approved by order of the City Council.
5.4 Rate Schedule. Any person using the Auditorium or any part
thereof, shall pay for such use whatever amount the Manager
shall determine, in accordance with the following schedule.
The classification of any use of the Auditorium for the purpose
of determining the rental shall be made by the Manager, and
his decision shall be final.
5.4.1 Basic Rental Rates. Except as otherwise provided
in this ordinance, the amounts set forth in the following
schedule shall be the minimum charged for the use of
the Auditorium.
Ch. II, Art. 22
Sec. 5, Sec. 5.4.1
Morning Afternoon Evening All Day
Schedule I
Commercial.
Minimum guarantee
plus ten percent of
that amount of the
gross receipts that
exceeds four
thousand dollars
($4,000.00) $100 $125 $225 $375
Schedule II
Non -Commercial
A. Where admissions
are charged, 10% of
the gross receipts with
the following minimum
guarantees. 75 100 150 300
B. Where no admission
is charged. Flat rate: 50 75 100 150
Schedule III
Local school other
than athletics 75 100 150 300
The basic rental shall include the Auditorium Building itself, heat,
electricity and custodial service.
5.4.2 Schedule I- Commercial. The amounts specified above under
'Schedule I - Commercial" shall be the amounts paid by any
person renting the Auditorium for any type of show, dance,
exposition, convention, concert, commercial athletic event,
or any other type of commercial event where admission is
charged.
5.4.3 Schedule II - Non -Commercial. The amounts specified above
under ^Schedule II - Non -Commercial" shall be the amounts
paid by any person renting the Auditorium for any type of show
dance, exposition, convention, concert, athletic event, or any
type of event where no general admission charge is made but
Ch. 11, AR. 22
Sec. 5, Sec. 5.4.,k
where admission is granted only to members of clubs,
fraternities, or other closed groups that sponsor such events
and collect from their members for such privileges by dues,
fees, contributions, etc., including concerts conducted by
a civic or commodity membership association; or for conven-
tions, cooking schools, exhibitions, lectures, musicals, etc.,
that are open to the public and where no admissioncharge is
made; or for strictly charitable, religious or civic purposes
when sponsored by a recognized local non-commercial organiza-
tion and not by an outside agency. However, any event utIliz-
Ing professional profit-making entertainment shall be considered
commercial. (last sentence of the paragraph effective ]/1/57)
5.4.4 Reductions. Whenever a person rents the Auditorium for a
period of three days, the rates as shown under Schedule II -
Non -Commercial above, may be subject to a 10% reduction,
and when rented for a period of six days or more, the rates
as shown may be subject to a 25% reduction.
5,4,5 Schedule III - Local Schools. 'Schedule III - Local Schools"
shall apply to any Bangor public school or parochial school,
provided that the application for use of the Auditorium must be
approved in writing by an authorized official of the school and
that the event or attraction must be a regular school function or
a recognized extra -curricular actvity sponsored directly by the
school Itself and not by any outs -de agency. The same rates as
are charged other persons or crganizations shall be charged to
any school for special facilities and extra services as set forth
and defined in this ordinance,
5.4.6 Rental on Percentage Basis. When the Auditorium is tented on
a percentage basis, with a guaranteed minimum, the Manager
shall have the right, whether or not such right is expressly
mentioned in the permit, to prescribe the form of tickets, accounts,
cords and reports that shall be necessary to be used by the
permittee In staging the event or attraction and accounting for
the gross receipts thereof, and may at any and all times make,
himself or his authorized representatives, such investigations
or inspection of any or all the Permittee's tickets, accounts,
records and reports as may, in his opinion, be required for the
purpose of verifying the amount cf such gross receipts. Whether
Ch. I1, Art. 22
Sec. 5, Sec. 5.4.6
provided in the permit or not, the PermiiPoe shall secure all
admission or other tickets from a bonded ticket printing
company meeting with the approval of the Manager and shall
direct that said ticket company transmit all such tickets
directly to the Manager without tie Permittee at any time
having possession of or access to such tickets.
5.4.6.1 Tickets Supplied by the City. When, in the
discretion of the Manager, it shall be deemed
advisable, the City of Bangor may supply the
tickets to the Permitter rather than require the
purchase of the tickets by the Permittee from a
bonded ticket seller.
5.4.6.2 Passes. Samples of all passes and the number
of passes which may be Issued must meet with
the approval of the Manager and if passes are
sued in excess of the number authorized by the
Manager, the Permittee shall be required to
account for the unpaid admissions in excess of
the approved number of passes as though full
admission charge had been paid therefor.
5.4.7 Rental for School and College Basketball. For school and
college basketball games, the Manager may grant permission
to use the Aduitorium at a flat percentage fee of 10% of the
gross ticket sale (including season admittance tickets)
provided that the school guarantees a minimum of $75.00
payment to the City. All of the rules and regulations pertaining
to the percentage basis rental covered in Section 5.4.5 above
and subsequent subsections may, In the Manager's discretion,
apply to the rental on a percentage basis to schools and colleges.
5.4.8 Service Charges. Service charges shall be made to any
person using the auditorium to cover cost of any of the
following facilities which are used, as follows:
1. Ice Rink $75.00
2. P.A. System Operator 1.50 per hour
3. Pirie and Police Protection 1 day's pay per
shift per man
4. For holding building vacant
for set up 50.00 per day at the
discretion of Auditorium
Manager.
Ch. II, Art. 22
Sec. 5, Sec. 5.5
5.5 Concessions. Via City of Bangor reserves the sole right to
conduct and control,^either directly or through a separate
contractor, all the concessions whatsoever in the Auditorium,
including, but not being limited to, concessions for checking
property, for sale of refreshments, for sale or rental of other
articles, for distribution of programs, for sale of photographs,
and any other Concession privileges.
5.6 Rental Agreement. All rentals o` the Auditorium shall be in
writing on forms furnished by the City, which forms shall
incorporate this ordinance by reference, and before the same
re binding they shall be executed for and on behalf of the
City by the Manager and the proper fees required, as provided
in these regulations, shall be paid in advance. A permittee,
by entering Into said agreement, shall thereby waive any
claim against and shall indemnify, save and hold harmless,
the City of Bangor or their representatives from any damages
to premises, fittings, equipment, and furnishings in the
Auditorium during the time the premises are used or occupied
under said lease, and against claims of any and all persons
for injury to persons or damage to property occasioned by or
in connection with the use of the premises by a permittee.
5.7 Payment of Fees. No reservation of the Auditorium shall be
made until a contract is executed. Upon the execution of
the contract, the payment of 25% of the rental or the minimum
fee, if such is applicable, shall be made to the City.
59.1 When Minimum Pee is Payable. The balance of the
rental, or minimum fee, together with the estimated
service charges due under Section 5.4.6, shall be
payable five days prior to the use of the promises.
5.7.2 Full Settlement Due. In all cases, the settlement
of full rental and service charges 'shall be made
immediately upon the close of the box office.
5.8 Damaging of Premises. No decorative or other materials
shall be attached to any part of the building so as to damage
the building. No bunting or tissue paper or other inflammable
materials shall be used for decorative purposes or otherwise
except under express arrangements made therefor by the
Permittee with the Auditorium Manager as to the extent and
f"
Ch. H, Art. 22
Sec. 5, Sec. 5.9
manner of such materials, and with the approval of the Pine
Chief.
5.9 Signs and Billboards. No signs shall be posted except on
spaces provided therefor and these signs shall apply only to
a performance or exhibition given in the Auditorium Building.
The Permlttee shall remove any sign not meeting with the
approval of the Manager.
5.9.1 Asslgnment of Billboard Space. Each Permittee
must receive an assigned billboard space in the
permit agreement before Fosters are placed on bill-
boards. No other space will be provided for bill-
boards except that provided in the permit.
5.10 Number of Persons Admitted Into Auditorium. A greater
number of persons than can safely and freely move about,
in the opinion of the Manager, shall not be admitted to the
Auditorium at any one time and no Permittee shall, without
express written consent of the Manager, sell more tickets
than the seating capacity of the building, for any type of
event.
5.11 Subletting. No Permittee shall assign any permit or use
the Auditorium or any portion thereof, or any rights under
such rental agreement, without the express written consent
of the Manager.
5.12 Removal of Equipment. The Citv of Bangor reserves the
right for the Manager to remove all equipment or effects of
any Permittee immediately after expiration of his permit at
the expense of the Permittee ogin the alternative, to charge
rental thereon at the expiration of said permit.
5.12.1 Right of Manager to enter Premises. The Auditorium
and premises, including keys thereto, shall be at
all times in control of the Manager and he and his
duly authorized representatives shall have the right
to enter the premises at all times during the period
covered by any permit or rental agreement.
t ,.
Ch. 11, Art. 22
Sec. 5, Sec. 5.13
5.13 Termination of Agreement Through Casualty. In case of fire,
casualty, or other unforeseen occurrences which renders
impossible the fulfillment of a rental agreement by the City
of Bangor, said rental agreement shall be immediately
terminated and in such case, renal shall be paid only for
the this the premises are actually used. The Permittee shall
waive any claim for damages In toe event of this termination.
5.14 General Terms and Conditions. All lessees, permittees,
licensees, concessionaires and/:si their agents and/or
employees shall at all times conform to all rules and regula-
tions for the use and occupancy of, and operations in, the
Auditorium, as adopted, issued and/or ordained, from time
to time, by the City Council or the City Manager of the City
of Bangor, or the Manager; and any violations of such rules
and regulations by any thereof shall, at the discretion of
the Manager subject such violator or violators to immediate
expulsion form the Auditorium and the forfeiture of all rents,
percentages, or other fees theretofore paid, and without
releasing in any manner any obligations for the payment of
the rents, percentages, or other fees required to be paid
under such permit for the full tem thereof.
5.14.1 Verbal Agreements. No verbal agreements for the
e of the Auditorium or any part or facility thereof
shall be binding upon the Auditorium management or
upon the City of Bangor. The Permittee shall accept
the permit issued by the Manager for any use of the
Auditorium or any part or facility thereof, and such
penult, when accepted, shall constitute the contract
between the City of Bangor and the Permittee, which
contract shall be subject to approval of the Manager
and as to £ono thereof shall be approved by the City
Solicitor of the City of Burger,
5.14.2 Municipal Use. Nothing herein contained shall be
construed to prevent the use of the Auditorium or any
part of facility thereof, for municipal purposes,
subject to the approval of the Manager; except,
however, that when an admission fee is charged or
revenues accrue from such municipal usage of other
privileges of any character operated by or under the
authority of representatives of the City of Bangor,
Ch. I1, Art. 22
Sec, 5, Sec. 5.14
the Manager shall collect any revenues therefrom,
and deposit them with the Treasurer of the City of
Bangor.
5.14.3 Audit. The City Manager shall cause to be made a
suitable and satisfactory audit of the Auditorium books
at least once each fiscal year.
5.14.4 State and Federal Taxes. Payment of all Federal and
State taxes in connection with any attraction shall
always be the liability and responsibility of the
Permittee
5.14.5 Copyrighted Music. Compliance with all copyright
laws shall always be the liability and responsibility
of the Permittee and by his acceptance of this permit
hereinabove provided, the Permittee shall covenant
and agree to indemnify the City of Bangor and the
officers and employees of said City and to save them
free and harmless from any and all liability or
responsibility whatsoever for Infringement or viola-
tions of any copyright law.
5.14.6 Auditorium Equipment. No Auditorium equipment
may be removed from the Auditorium building for any
use whatsoever, unless such removal is authorized
by order of the City Manager.
5.15 Saving Clause. The provisions of this ordinance shall
prevail over other ordinances of the City of Bangor inconsistent
herewith. M the event any provision of this ordinance shall
he declared invalid, this shall not invalidate the remaining
provision hereof.
Amendments to 225-T:
2.6 Delete 'grassy areae" and substitute therefor "esplanades and planting
strips."
4.1 Method of Appointment snd Tem of OfficeOf those first appointed to
appointed to serve until J the cc�ittes, two shell be
Jmuary 1, 1969 and two men to elea968, two ere to serve until
after two mmbera Mall be a ansae,, 1, 1990. There-
after or until a successor is annually to arras tem a three
years or Mall be Pilled b a� appointed Any enc,, created on
rmairder of the team. ,, ppolntment by the City Council for the
4.3 Functions of the Parke and Recreation AdvisoryCc®lttee
Delete the porde ^and the City Manager".
lY %rFf� 5.3 Authorization to lease
Amend the last sentence to read: "Said lease Mien dram shall be
Submitted for approval to the City Council."
lF95.8 Demerfnv of P m1
Delete "Fire Chief' end substitute therefor the words: "Fire Department".