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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".