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HomeMy WebLinkAboutContract 46732 4q3aAgreement No. STATE OF TEXAS § COUNTY OF TRAVIS § AGREEMENT FOR THE TEMPORARY CLOSURE OF STATE RIGHT OF WAY THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State," and the City of Fort Worth , a municipal corporation, acting by and through its duly authorized officers, hereinafter called the "local government." WITNESSETH WHEREAS, the State owns and operates a system of highways for public use and benefit, including N Main Street from E Belknap to NE 4th Street , in Tarrant , County; and WHEREAS, the local government has requested the temporary closure of N Main Street from E Belknap to NE 4th Street for the purpose of Slide the City , from 3:00 a.m., June 6. 2015 to 3:00 a.m., June 7, 2015 as described in the attached "Exhibit A," hereinafter identified as the "Event;" and WHEREAS, the Event will be located within the local government's incorporated area; and WHEREAS, the State, in recognition of the public purpose of the Event, wishes to cooperate with the City so long as the safety and convenience of the traveling public is ensured and that the closure of the State's right of way will be performed within the State's requirements; and WHEREAS, on the 3rd day of August , 2010 , the City Council adopted Ordinance No. 9255-08-2010 , attached hereto and identified as "Exhibit B," establishing that Outdoor Events serves a public purpose and authorizing the local government to enter into this agreement with the State; and WHEREAS, 43 TAC, Section 22.12 establishes the rules and procedures for the temporary closure of a segment of the State highway system; and WHEREAS, this agreement has been developed in accordance with the rules and procedures of 43 TAC, Section 22.12; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: AGREEMENT OFFICIAL RECORD CITY SECRETARY Article 1. CONTRACT PERIOD FT.WORTH,TX This agreement becomes effective upon final execution by the Stat upon completion of the Event or unless terminated or modified as hereinafter provided. RECEIVED JUN 0 5 2015 Traffic—Traffic—Closure Incorporated (TEA30A) Page 1 of 8 Rev. 05/02/2008 Agreement No. Article 2. EVENT DESCRIPTION The physical description of the limits of the Event, including county names and highway numbers, the number of lanes the highway has and the number of lanes to be used, the proposed schedule of start and stop times and dates at each location, a brief description of the proposed activities involved, approximate number of people attending the Event, the number and types of animals and equipment, planned physical modifications of any man- made or natural features in or adjacent to the right of way involved shall be attached hereto along with a location map and identified as "Exhibit C." Article 3. OPERATIONS OF THE EVENT A. The local government shall assume all costs for the operations associated with the Event, to include but not limited to, plan development, materials, labor, public notification, providing protective barriers and barricades, protection of highway traffic and highway facilities, and all traffic control and temporary signing. B. The local government shall submit to the State for review and approval the construction plans, if construction or modifications to the State's right of way is required, the traffic control and signing plans, traffic enforcement plans, and all other plans deemed necessary by the State. The State may require that any traffic control plans of sufficient complexity be signed, sealed and dated by a registered professional engineer. The traffic control plan shall be in accordance with the latest edition of the Texas Manual on Uniform Traffic Control Devices. All temporary traffic control devices used on state highway right of way must be included in the State's Compliant Work Zone Traffic Control Devices List. The State reserves the right to inspect the implementation of the traffic control plan and if it is found to be inadequate, the local government will bring the traffic control into compliance with the originally submitted plan, upon written notice from the State noting the required changes, prior to the event. The State may request changes to the traffic control plan in order to ensure public safety due to changing or unforeseen circumstances regarding the closure. C. The local government will ensure that the appropriate law enforcement agency has reviewed the traffic control for the closures and that the agency has deemed them to be adequate. If the law enforcement agency is unsure as to the adequacy of the traffic control, it will contact the State for consultation no less than 10 workdays prior to the closure. D. The local government will complete all revisions to the traffic control plan as requested by the State within the required timeframe or that the agreement will be terminated upon written notice from the State to the local government. The local government hereby agrees that any failure to cooperate with the State may constitute reckless endangerment of the public and that the Texas Department of Public Safety may be notified of the situation as soon as possible for the appropriate action, and failing to follow the traffic control plan or State instructions may result in a denial of future use of the right of way for three years. E. The local government will not initiate closure prior to 24 hours before the scheduled Event and all barriers and barricades will be removed and the highway reopened to traffic within 24 hours after the completion of the Event. F. The local government will provide adequate enforcement personnel to prevent vehicles from stopping and parking along the main lanes of highway right of way and otherwise prevent interference with the main lane traffic by both vehicles and pedestrians. The local government will prepare a traffic enforcement plan, to be approved by the State in writing at least 48 hours prior to the scheduled Event. Additionally, the local government shall provide to the State a letter of certification from the law enforcement agency that will be providing traffic control for the Event, certifying that they agree with the enforcement plan and will be Traffic—Traffic—Closure Incorporated (TEA30A) Page 2 of 8 Rev. 05/02/2008 Agreement No. able to meet its requirements. G. The local government hereby assures the State that there will be appropriate passage allowance for emergency vehicle travel and adequate access for abutting property owners during construction and closure of the highway facility. These allowances and accesses will be included in the local government's traffic control plan. H. The local government will avoid or minimize damage, and will, at its own expense, restore or repair damage occurring outside the State's right of way and restore or repair the State's right of way, including, but not limited to, roadway and drainage structures, signs, overhead signs, pavement markings, traffic signals, power poles and pavement, etc. to a condition equal to that existing before the closure, and, to the extent practicable, restore the natural and cultural environment in accordance with federal and state law, including landscape and historical features. Article 4. OWNERSHIP OF DOCUMENTS Upon completion or termination of this agreement, all documents prepared by the local government will remain the property of the local government. All data prepared under this agreement shall be made available to the State without restriction or limitation on their further use. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. Article 5. TERMINATION A. This agreement may be terminated by any of the following conditions: (1) By mutual written agreement and consent of both parties. (2) By the State upon determination that use of the State's right of way is not feasible or is not in the best interest of the State and the traveling public. (3) By either party, upon the failure of the other party to fulfill the obligations as set forth herein. (4) By satisfactory completion of all services and obligations as set forth herein. B. The termination of this agreement shall extinguish all rights, duties, obligations, and liabilities of the State and local government under this agreement. If the potential termination of this agreement is due to the failure of the local government to fulfill its contractual obligations as set forth herein, the State will notify the local government that possible breach of contract has occurred. The local government must remedy the breach as outlined by the State within ten (10) days from receipt of the State's notification. In the event the local government does not remedy the breach to the satisfaction of the State, the local government shall be liable to the State for the costs of remedying the breach and any additional costs occasioned by the State. Article 6. DISPUTES Should disputes arise as to the parties' responsibilities or additional work under this agreement, the State's decision shall be final and binding. Article 7. RESPONSIBILITIES OF THE PARTIES The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. Article 8. INSURANCE A. Prior to beginning any work upon the State's right of way, the local government and/or its Traffic—Traffic—Closure Incorporated (TEA30A) Page 3 of 8 Rev. 05/02/2008 Agreement No. contractors shall furnish to the State a completed "Certificate of Insurance" (TxDOT Form 1560, latest edition) and shall maintain the insurance in full force and effect during the period that the local government and/or its contractors are encroaching upon the State right of way. B. In the event the local government is a self-insured entity, the local government shall provide the State proof of its self-insurance. The local government agrees to pay any and all claims and damages that may occur during the period of this closing of the highway in accordance with the terms of this agreement. Article 9. AMENDMENTS Any changes in the time frame, character, agreement provisions or obligations of the parties hereto shall be enacted by written amendment executed by both the local government and the State. Article 10. COMPLIANCE WITH LAWS The local government shall comply with all applicable federal, state and local environmental laws, regulations, ordinances and any conditions or restrictions required by the State to protect the natural environment and cultural resources of the State's right of way. Article 11. LEGAL CONSTRUCTION In case one or more of the provisions contained in this agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions hereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. Article 12. NOTICES All notices to either party by the other required under this agreement shall be delivered personally or sent by certified U.S. mail, postage prepaid, addressed to such party at the following respective addresses: Local Government: State: City of Fort Worth Texas Department of Transportation Cynthia Alexander, Outdoor Events Mgr. Office of Outdoor Events Clark Fulbright, Traffic Operations Public Events Department 2501 SW Loop 820 1201 Houston Street Fort Worth, Texas 76133 Fort Worth, Texas 76102 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party hereto may change the above address by sending written notice of such change to the other in the manner provided herein. Article 13. SOLE AGREEMENT This agreement constitutes the sole and only agreement between the parties hereto and supersedes any prior understandings or written or oral agreements respecting the within subject matter. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. Traffic—Traffic—Closure Incorporated (TEA30A) Page 4 of 8 Rev. 05/02/2008 c Agreement No. THE CITY OF Fort worf l Executed on behalf of the local government by: By7:F�—�� i j" Date GL 4S City Official F � F ORr Typed or Printed Name and Title rer do Cost Q �ZO ApyBOVED AS TO FORM AND LEGALITY: hA L: � , r P"f LA085A by: ex CITY ATTORNEY 00� 00°°-41* THE STATE OF TEXAS Mmy J. K jW9 Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work pr rams heretofore aroved d authorized by the Texas Transportation Commi < By - Date District Engineer CoritracC4Author i zatioa I I a-dau rte___ Date OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Traffic—Traffic—Closure Incorporated (TEA30A) Page 5 of 8 Rev. 05/02/2008 ' � a ` � .:i ..i t v _ � � � . �� . x w � e �� � � e � � �; • o 9 • � �{i . . Agreement No. Exhibit A (See attached Outdoor Events Permit, Event Operations Plan, Site Plan and Traffic Control Plan) Traffic—Traffic—Closure Incorporated (TEA30A) Page 6 of 8 Rev. 05/02/2008 FORTWORTH OUTDOOR EVENTS PERMIT Public Events Department - Office of Outdoor Events Permit #: 6155 1201 Houston Street Fort Worth, Texas 76102 Date Issued: May 14, 2015 Event Title: Slide the City - Fort Worth Applicant: Slide the City/Trinity River Vision Authority Emerson Hamilton 3690 E Ft. Union Blvd., Ste. 101, Cottonwood Heights, Utah 84062 Cell: 801-404-4089 Additional Contact: Shanna Cate, TRVA 817-698-0700 Event Date(s) / Times: 06/06/15 10:00 AM - 10:00 PM Anticipated Attendance: 15,000 Coordinating Police Officer: Sgt. Lorne Trace Cell: 817-228-7989 Sgt. Brian Scott Keenun Cell: 817-228-8448 Special Events District: Downtown District/Northside THIS PERMIT IS GRANTED TO THE APPLICANT UNDER THE FOLLOWING CONDITIONS: • PERMIT HOLDER IS OTHERWISE REQUIRED TO COMPLY WITH OUTDOOR EVENTS ORDINANCE NO. 19255-08-2010 AND NOISE ORDINANCE NO. 20191. IN THE EVENT OF ANY CONFLICT BETWEEN SUCH ORDINANCES AND THIS PERMIT, THIS PERMIT SHALL CONTROL. • APPLICANT IS REQUIRED TO HAVE A COPY OF THE PERMIT, SITE PLAN,AND TRAFFIC CONTROL PLAN ONSITE DURING EVENT HOURS. • THIS PERMIT IS ISSUED IN ACCORDANCE WITH AN APPROVED TRAFFIC CONTROL PLAN. • THROWING CANDY FROM PARADE VEHICLES, FLOATS AND/OR MARCHING UNITS IS PROHIBITED • THE PERMIT HOLDER IS REQUIRED TO PROVIDE STANDARD TYPE 1 BARRICADES AT ALL CLOSED INTERSECTIONS. • ADEQUATE TRAFFIC CONTROL DEVICES ARE REQUIRED TO BE INSTALLED AND MAINTAINED AS SHOWN IN THE ATTACHED TRAFFIC CONTROL PLAN (TCP) SUCH AS SIGNS, STANDARD TYPE 1 BARRICADES,TO SAFEGUARD THE PROPERTIES AND PUBLIC. • BARRICADES ARE TO BE STAFFED BY A PERSON AT LEAST 18 YEARS OF AGE OR OLDER& MUST WEAR REFLECTIVE SAFETY VEST. • CITY TRAFFIC ENGINEER AND/OR INSPECTORS MAY REQUIRE ADDITIONAL TRAFFIC CONTROL DEVICES. • ALL DAMAGES TO PUBLIC OR PRIVATE PROPERTY, INCLUDING UNDERGROUND FACILITIES,AND FOR ALL PERSON INJURIES DURING EVENT UNDER THIS PERMIT WILL BE THE RESPONSIBILITY OF THE APPLICANT/EVENT HOLDER. • A 24-HOUR DECISION-MAKING CONTACT REPRESENTATIVE AND PHONE NUMBER IN THE EVENT OF AN EMERGENCY SHALL BE PROVIDED. • THIS PERMIT DOES NOT RELIEVE THE EVENT HOLDER FROM OBTAINING NECESSARY PERMITS FROM COUNTY AND STATE ENTITIES WHERE EVENT IS ENCROACHING INTO THEIR RIGHT-OF- WAY. • IT IS UNDERSTOOD THAT VIOLATIONS OF THIS PERMIT MAY RESULT IN THE REVOCATION OF THE EVENT PERMIT. • THE CITY RESERVES THE RIGHT TO STOP AN EVENT AT ANY TIME IF DEEMED A PUBLIC SAFETY ISSUE. Street Closure: North Main Street From: East Belknap Street To: NW 4th Street Closure Dates: 6/06/15 - 6/07/15, 3:00 AM -3:00 AM A twelve(12-14)foot unobstructed roadway is required along closed sections of the street,and no structures are allowed in the unobstructed roadway width. CFW Contact: jyn�eia*La4neri, ru�tdoorEvents Manager Direct: 817-392-7894 Cell: 817-992-2445 ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ raLETsasAnluoDx •J�FOAM HELMETS\. —SLC LENTS— SLIDE LINE SLIDE LINE BLOWERS SPEAKERS Q 3 f ARCH 5 s d GENERATOR 153 x91NFARCH 6 S ■ ■ ■ ■ w t2 SOME ARCH 7 f V V-t S �FIRE LANE 20FTIAmI� Q ARCH 9 O BLOWERS SPEAKERSARCH V Q O RCHII ARCH 12 MARCHI� tl 0 as yy 3 T 0 GENERATOR153Will g 153 NNN7 ARCH 14 V ♦' O' AR 114 z 0 FOAM HELMETS O f xTpp -'LaT LL'. 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Q y d � .! 3 d ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ TOILETS A SANITATION ./FDAM HELMETS\• —STC TENTS— SLIDE LINE SLIDE LINE x +BLOWERS SPEAKERS Q `i q y T O T O T O GENERATOR C 5 (52 KYWI $ ■ ■ ■ ■ c. ♦ O = NONE , -ti V-ti s—FIRE LANE WNWtl _ BLOWERS SPEAKERS Q f GENERATOR f � f Eo f (57 KW91 f O o 114 0 FOAMHELMETS O f RAI a,Y 1 I PEOFENCIN6T.BDDFT15f9m) POOL:75x 4OFT120t 12m) PED FENCINGT.BDDFT 1549m1 awi- ® - a � s ¢ .� 0 5 � � W Fes— � Q � � $I s � � $ d � Agreement No. Exhibit B (See attached M&C and Outdoor Events Ordinance) Traffic—Traffic—Closure Incorporated (TEA30A) Page 7 of 8 Rev. 05/02/2008 City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, July 17, 2012 REFERENCE NO.: LOG NAME: 25AMEND20UTDOORSPEC IALEVENTSORD C-1-nto3a SUBJECT: Adopt an Ordinance Amending Article XII "Outdoor Events,"of Chapter 20, "Licenses and Miscellaneous Business Regulations"of the Code of the City of Fort Worth to Amend Various Definitions;Amend Notification and Application Requirements; Amend Process for Events in Public Parks; and Amend Classification of Streets for Neighborhood Events RECOMMENDATION: It is recommended that the City Council adopt an ordinance amending Article XII "Outdoor Events,"of Chapter 20, "Licenses and Miscellaneous Business Regulations" of the Code of the City of Fort Worth to amend various definitions; amend notification and application requirements; amend process for events in public parks; and amend classification of streets for neighborhood events. DISCUSSION: On August 3, 2010, the City Council adopted Ordinance No. 19255-08-2010 regulating outdoor events in the City. The Ordinance was amended on September 28, 2010 (Ordinance 19373-09-2010) to address First Amendment activities. The City Council directed staff to review the ordinance as it relates to process and bring back suggested revisions, if needed. To review the Ordinance, Staff met with multiple stakeholders, committee members, neighborhood associations and City department representatives and reviewed feedback collected from citizens and applicants since the implementation of the Ordinance. Based on the input, staff proposed amendments to the Ordinance with the goal of streamlining and expediting the permitting process and developed a communication plan to expand public engagement in the ordinance amendment process. The proposed amendments were published on the City's web page and furnished by e-mail and regular mail to registered neighborhood associations and past applicants. Citizens were provided an opportunity to comment on the proposed amendments via an interactive grid on the web page and at a public hearing held in the Pre-Council Chambers on March 19, 2012. The draft ordinance was available for review on the website for one month. The proposed attached amendments will 1) modify the review process by the Calendar Committee to a virtual review process; 2) change the lead time requirements from 210 day to 120 days to include events on the City calendar, except for events with over 2,500 attendees in the Downtown Outdoor Events District which would remain at 210 days due to the high density and traffic impact; 3) change the lead time requirements for runs, walks and parades with attendance less than 500 from 120 days to 60 days; 4) modify the notification requirements to include e-mail notification and establish a verification process; 5) amend the process for park events to eliminate redundancy; 6) authorize flexibility for a reduced lead time and street classification for neighborhoods in certain situations; and 7) eliminate the Notice of Intent. The timeline for Neighborhood and First Amendment Events will not change. FISCAL INFORMATION /CERTIFICATION: Logname: 25AMEND20UTDOORSPECIALEVENTSORD Pagel of 2 The Financial Management Services Director certifies that this action will have no material effect on City funds. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office by: Susan Alanis (8180) Originating Department Head: Kirk Slaughter (2501) Additional Information Contact: Betty Tanner (2502) ATTACHRA cNTS No attachments found. Logname: 25AN END20UTDOORSPECIALEVENTSORD Page 2 of 2 Page 1 of 43 ARTICLE XII. - OUTDOOR EVENTS [104 (104)Editor's note—It should be noted that Ord.No. 19255-08-2010, § 1,adopted August 3,2010 becomes effective October 1,2010. DIVISION 1.-GENERAL PROVISIONS DIVISION 2.-SPECIAL EVENTS AND PARADES DIVISION 3.-FIRST AMENDMENT EVENTS AND FIRST AMENDMENT PARADES DIVISION 4.-PUBLIC PARK EVENTS DIVISION 5. -OUTDOOR EVENT DISTRICTS DIVISION 6. -GENERAL PROVISIONS FOR SPECIAL EVENTS AND PARADES DIVISION 7.-APPROVAL,ISSUANCE,MODIFICATION,DENIAL OR REVOCATION OF A SPECIAL EVENT OR PARADE PERMIT DIVISION 8.-APPEAL OF DENIAL OR REVOCATION OF A SPECIAL EVENT OR PARADE PERMIT DIVISION 9.-NEIGHBORHOOD EVENTS AND NEIGHBORHOOD PARADES DIVISION 10.- OFFENSES DIVISION 11.-PENALTIES DIVISION 1. - GENERAL PROVISIONS Sec. 20-401.-Scope. Sec.20-402.-Purpose and intent. Sec.20-403.-Responsible city department. Sec.20-404. -Definitions. Sec.20-405. -Permit required. Sec.20-406.-Exceptions. Sec.20-407.-Rules and regulations. Sec.20-408.-Fees. http://www.amlegal.com/alpseripts/get-contc,nt.aspx 12/20/2012 Page 2 of 43 Sec.20-409.-Timeframes. See. 20-401. - Scope. This article is intended to be the framework within which all outdoor events held in the city are approved and regulated. This article shall apply to all outdoor events, as defined herein, located within the city,regardless of whether the events are located on private or public property.This article does not apply to events that are held exclusively indoors. Neighborhood events and neighborhood parades, as defined herein,will be governed by Division 9 of this article. (Ord. No. 19255-08-2010, § 1, 8-3-10, eff. 10-1-10) Sec. 20-402.- Purpose and intent. (a) The city recognizes the need to encourage and promote events for the greater good, cultural diversity and promotion of the city. (b) The city finds that there are an increased number of demands upon city resources and infrastructure from applications to hold outdoor events in the city streets, sidewalks and parks and for large outdoor events on private property.In order to conserve and allocate city resources and to adequately protect the public safety of the event participants,neighboring property owners, residents and businesses, it is necessary to regulate the use of the city's parks, streets and public areas by those desiring to hold outdoor events on public property and to regulate large outdoor events on private property. (c) The intent of this article is to ensure that the city will have adequate advance notice of outdoor events and the ability to plan and allocate the city services that will be needed while recouping the city's costs associated with outdoor events, such as personnel, equipment, utilities, maintenance and administrative costs. (Ord. No. 19255-08-2010, § 1, 8-3-10, eff. 10-1-10) Sec. 20-403. -Responsible city department. The public events department shall be responsible for overseeing the issuance of all permits for special events, First Amendment events, parades, neighborhood events, neighborhood parades and events in General Worth Square. Unless otherwise provided, events occurring in the city's public parks shall be the responsibility of the parks and community services department;events in the Water Gardens shall be the responsibility of the public events department; and events in Burnett Park shall be the responsibility of Downtown Fort Worth,Inc., as contracted with the city. Unless otherwise provided, the applicant shall submit all information related to an event to the public events department. The outdoor events manager, as designated by the public events department, shall be responsible for processing the application, issuing the permit and assuring compliance with the requirements of this article. (Ord.No. 19255-08-2010, § 1, 8-3-10, eff. 10-1-10) http://www.amlegal.com/alpscripts/get-content.aspx 12/20/2012 Page 3 of 43 Sec. 20-404.-Definitions. The following words,terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Annual permit means the written authorization from the city allowing an applicant to hold a series of planned events for the next calendar year in the defined outdoor events districts and in neighborhoods. Appeals hearing committee means the committee composed of the director of public events department, the director of transportation and public works department, the fire chief, the police chief and a representative from the city manager's office designated by the city manager to hear appeals from the denial of the events calendar committee to place a requested event on the events calendar or the denial or revocation of a special event or parade permit. The city attorney or his designee shall serve in a non-voting capacity to advise the committee on any legal issues. Applicant means the person who has filed a written application for a special event,parade,First Amendment event,neighborhood event or neighborhood parade permit that is responsible for conducting the event and the responsible organization, corporation or other group on whose behalf the individual is requesting the permit. Block means one (1) side of a rectangular area surrounded by streets and usually containing buildings,measured from corner to corner. Chief of police means the individual designated to that position by the City Manager of the City of Fort Worth, Texas together with all deputy police chiefs and such other individuals as may be designated by the chief of police. City means the City of Fort Worth, Texas. City traffic engineer means the individual designated to that position by the director of the department of transportation and public works. Cultural District means that area between Montgomery Street, Camp Bowie Boulevard, University Drive and Harley Street. Downtown Outdoor Events District(DOED) means that area between Jones Street,Henderson Street, Belknap Street and Lancaster Street. Emergency services and fire safety plan means a plan submitted by the applicant setting forth its plans for providing emergency services and evacuation,including fire prevention and fire suppression on public and private property used for the event, and emergency medical services to performers, entertainers, exhibitors, speakers, attendees or other persons at the event, as defined herein. Established event means an event with an attendance of one thousand (1,000) or more that has been permitted for the past five(5) consecutive years. Established neighborhood event means a neighborhood event sponsored by a neighborhood association that has been held for two (2) or more consecutive years at the same location. http://www.amlegal.com/alpscripts/get-content.aspx 12/20/2012 Page 4 of 43 Established neighborhood parade means a neighborhood parade sponsored by a neighborhood association that has been held for two (2)or more consecutive years at the same location. Event means a special event or parade. Event area means the area or areas, not necessarily contiguous to each other,which are central to the event and which are erected and/or utilized by the applicant for the production of the event, including, but not limited to, areas open to attendees, stages, barricades,parked vehicles,booths, tents, or other temporary or permanent structures and including the area immediately surrounding those items or locations. Event site plan means the scaled schematic drawing indicating the placement of stages, vendors, booths, seating, amplifiers, bleachers, tents,toilets,generators,propane tanks,barricades, signage, dumpsters and other information required by the outdoor events manager. Events calendar committee means the necessary representatives from city staff as determined by the city manager, two (2) at-large members from residents of the City of Fort Worth as designated by the director of public events and one(1) representative from each of the following organizations: The T, The Fort Worth Convention and Visitors Bureau, Sundance Square, Downtown Fort Worth Initiatives, Inc., the Cultural District,Near Southside and the Stockyards that are consulted by the outdoor events manager when setting the calendar of events in the city. Fees (where the term is not specified as being a particular type of fee) means the amount of money required to be paid to the city by an applicant pursuant to this article for the issuance of a permit in order for the city to recover the direct and indirect costs associated with the event. Fire chief means the individual designated by the city manager and confirmed to that position by the City Council of Fort Worth,Texas; together with all deputy fire chiefs and such other individuals as may be designated by the fire chief. First Amendment activity means all expressive and associative activity on public streets that is protected by the United States and Texas Constitutions, including speech, press, assembly and the right to petition,but does not include commercial advertising. First Amendment event means an event where the sole or principal object is First Amendment activity. First Amendment parade means a procession of pedestrians or vehicles or any combination thereof, traveling in unison along or upon a street, road, or highway, organized and conducted for the purposes of First Amendment activity. First Amendment parade permit means the written authorization from the city allowing an applicant to hold a First Amendment parade on public fights-of-way,but does not include sidewalks. Gated event means an outdoor gathering that is gated, thereby closing a portion of public property to the public and excluding members of the public. Goods mean food, drinks,wares, personal property, merchandise or any other similar item. Intersection, for the purpose of a parade,means the junction of any two (2) streets within the parade http://www.amlegal.com/alpscripts/get-content.aspx 12/20/2012 Page 5 of 43 route, but shall not include any staging or disbanding area. National Night Out means the annual nationwide community-police awareness event to promote neighborhood spirit and police-community partnerships to generate support for, and participation in, local anticrime programs. Near Southside Outdoor Events District(NSOED) means that area between Evans Avenue and Kentucky Street on the east, FW&W RR and UP RR on the west, Vickery Boulevard on the north, and Morphy Street on the south. Neighborhood event means outdoor gatherings or celebrations with less than five hundred(500) attendees at any one(1) time on a residential street, as defined by the city's current master thoroughfare plan or as approved as a residential street by the city traffic engineer or designee, that are sponsored by a neighborhood association or by persons living on the block that requires the use, occupation or full or partial closure of a street, sidewalk or public right-of-way. Neighborhood tours, such as home or garden tours, shall not be considered a neighborhood event. Neighborhood event permit means the written authorization from the city allowing an applicant to hold the neighborhood event as defined herein. Neighborhood parade means a procession of less than five hundred(500)pedestrians, vehicles or animals or any combination thereof, traveling in unison along or upon a residential street, as defined by the city's current master thoroughfare plan, and organized, conducted and sponsored by a neighborhood association or by persons living on the block. Neighborhood parade permit means the written authorization from the city allowing an applicant to hold the neighborhood parade as defined herein. Non-incoming producing events means those events held on private property in the stockyards outdoor events district and the near southside outdoor events district that are not fenced and do not charge admission. Outdoor events manager means the person designated by the public events department director to implement, administer, and enforce this article. Parade means a procession of pedestrians, vehicles or animals or any combination thereof,traveling in unison along or upon a street, road, or highway. Parade permit means the written authorization from the city allowing an applicant to hold a parade as defined herein. Parking plan means a written proposal for the operation and regulation of parking on private and public property. Permit means the written authorization from the city allowing an applicant to hold an event as defined herein or perform the function for which he/she filed an application. Person means an individual, firm,partnership,corporation, limited liability company,joint venture, organization, contractor, subcontractor, affiliate, agent,representative, association or other legal entity of any kind, any lawful trustee, successor, assignee, transferee,heir or personal representative,but shall http://www.amlegal.com/alpscripts/get-content.aspx 12/20/2012 Page 6 of 43 not mean the city. Police services plan means a plan to provide traffic, crowd and parking control,public security and service calls, including not only the street or streets to be closed but any other streets or public areas in the close proximity that may be utilized for alternative routes or for parking of vehicles of persons attending the event. Pre-event committee means the necessary representatives from city staff as determined by the city manager, and one (1) representative from each of the following organizations: The T, Med Star,Texas Alcoholic Beverage Commission and The Fort Worth Convention and Visitors Bureau that will conduct the pre-event meetings for compliance with this article. The designated representative to the event calendar committee from Sundance Square, Downtown Fort Worth, Inc., the Cultural District,Near Southside District and the Stockyards shall attend as a committee member only when the proposed event is in that representative's designated event district or area. Private property means all property that is located within the boundaries of the city, except for property that is owned by the city,public property, as defined herein, or by another governmental entity. Public property means any dedicated or undedicated public land, outdoor park and outdoor recreational facilities, streets, highways, municipal parking lots,parkways or alleys,public spaces and rights-of-way within the city. Religious institution means private property utilized on a regular basis, but in no case less than a weekly basis, for conducting religious classes and/or worship services. Special event means a single temporary daily outdoor gathering or a temporary celebration or series of related consecutive outdoor daily gatherings or celebrations, sponsored by a person that is expected to draw five hundred (500)or more attendees at any one(1)time held on public property or private property that includes one (1) or more of the following: 1)partial or full closure of a public street; 2) blocking or restricting access to public property; 3)blocking or restricting access to private property of others;4) use of pyrotechnics or special effects; 5) use of open flame, explosions or other potentially dangerous displays or actions as outlined in the city's fire code; 6) sale or distribution of merchandise, food, or beverages on public property or on private property; 7) erection of a tent on public property, or on private property; 8) installation of a stage,band shell, truck,trailer, van,portable building, booth, grandstand, or bleachers on public property or private property; 9)placement of portable toilets on public property or on private property; or 10) placement of temporary no-parking, directional, oversize or identification signs or banners in or over a public right-of-way, or on private property where otherwise prohibited by ordinance. Special event holiday means any holiday proclaimed by the mayor as a special community celebration. Special event permit means the written authorization from the city allowing an applicant to hold the special event as defined herein or perform the function for which he/she filed an application. Stockyards Outdoor Events District (SOED) means that area between Packers Street, North Main Street, Stockyards Boulevard and 23rd Street. Supplemental services fee means actual costs incurred by the city to provide city services to the event, to include the salaries of the responding police, fire and emergency officers and city employees, http://www.amlegal.com/alpseripts/get-content.aspx 12/20/2012 Page 7 of 43 at the salary then in effect for each classification of each individual officer, for the amount of time actually spent in responding to or remaining at the event; appropriate overhead;the actual costs of any medical treatment to injured officers or employees; and the cost of repairing any damaged city equipment or property. Trafj7c control plan means a written proposal for the operation and regulation of traffic control devices used to facilitate vehicular and pedestrian traffic safely and efficiently through a temporary traffic control zone. Walks, runs and races means their usual and customary usage and shall be treated as a special event for purposes of review of the application unless otherwise stated in this article. (Ord.No. 19255-08-2010, § 1, 8-3-10, eff. 10-1-10; Ord.No. 19373-09-2010, § 1, 9-28-10; Ord.No. 20292-07-2012, § 1, 7-17-12) See. 20-405. -Permit required. (a) It shall be unlawful for any person to hold, sponsor or cause to be held an event without first having obtained the applicable permit from the public events department or parks and community services department. All events in public parks shall be subject to Division 6 of this article. (b) This section shall apply to all aspects of permitting events in the city. (1) No permit shall be denied nor shall the applicant be given less favorable treatment as to time,manner, or place based upon race, color, creed,religion, gender, domestic relationship status, parental status, sexual orientation,transgender, gender identity or gender expression,national origin, or political affiliation of the applicant and/or the participants of the event. (2) No permit shall be denied nor shall the applicant be given less favorable treatment as to time,manner, or place based upon the message of the event, nor based on the identity or associational relationships of the applicant and/or participants. (3) No permit shall be denied nor shall the applicant be given less favorable treatment as to time,manner, or place based upon any assumption or predictions as to the amount of hostility which may be aroused in the public by the content of speech or message conveyed by the event,provided that reasonable accommodation as to time,manner, and place may be required in order for the city to provide the resources necessary for police, fire and emergency services protection. (c) No permit shall be issued until a completed application, together with any additional information requested, is received by the outdoor events manager. The application must be in compliance with the regulations and requirements of this article. (d) The closure of any rights-of-way shall require a street closure permit from the transportation and public works department. (Ord. No. 19255-08-2010, § 1, 8-3-10, eff. 10-1-10) See. 20-406.-Exceptions. http://www.amlegal.com/alpseripts/get-content.aspx 12/20/2012 Page 8 of 43 The provisions of this article do not apply to: (a) An event conducted entirely on the property of a religious institution, educational institution, college or university campus. City streets or parking lots for multi-tenant buildings, regardless of location, shall not be considered part of a religious institution, educational institution, college or university campus; (b) Property owned or controlled by the city subject to a contract, lease or management/operating agreement with a private party where the agreement addresses outdoor events on the property; (c) Events conducted entirely on property containing an occupied private residence; (d) Processions of vehicles operated in compliance with ordinary traffic laws or a procession of pedestrians along or upon public sidewalks, public parks,or private property; (e) Sports facilities located on city property(including but not limited to ball fields, golf courses, tennis courts, swimming pools); (f) An activity conducted in compliance with the zoning of the property and in accordance with its certificate of occupancy and if applicable,the city council has approved the partial or full closure of a street, road or highway; (g) Events held at Texas Motor Speedway; (h) Events held for National Night Out; (i) Neighborhood tours, such as home or garden tours; 0) Special event holidays; (k) First Amendment activity conducted entirely on sidewalks, in public parks or on private property; or (1) Events conducted under the supervision of or with the permission of a governmental entity on property owned, leased, or operated by a governmental entity other than the city, if the event does not require the closing or rerouting of a public street,the entity employs certified peace officers to provide security for the event, and the entity adopts and provides to the city, a written plan addressing emergency services, crowd, traffic and parking control. (Ord. No. 19255-08-2010, § 1, 8-3-10, eff. 10-1-10; Ord. No. 19373-09-2010, § 2,9-28-10) See. 20407.-Rules and regulations. Additional event operating guidelines,policies and procedures may be developed and adopted administratively by the city manager,which may include but not be limited to,processes, cost recovery for public safety, sanitation and transportation personnel, resources, surety and insurance requirements. Such rules and regulations shall be based on due regard for public health, safety and welfare of citizens and event attendees. http://www.amlegal.com/alpscripts/get-content.aspx 12/20/2012 Page 9 of 43 (Ord. No. 19255-08-2010, § 1, 8-3-10, eff. 10-1-10) Sec. 20-408.-Fees. (a) Fees for permits shall be adopted by the city council.No permit fees shall be charged for a political march or rally conducted on public sidewalks or in city parks or plazas, or for other non- commercial exercise of rights guaranteed by the First Amendment of the United States and the Texas Constitution. (b) An applicant shall be required to pay all fees for permits and licenses required by other city ordinances to conduct specific activities in conjunction with or as part of an event. (Ord.No. 19255-08-2010, § 1, 8-3-10, eff. 10-1-10) Sec. 20409.- Timeframes. Where a timeframe or deadline established in this article results in an item being due on a weekend, holiday or a day the city is closed for business, the item shall be due on the business day immediately following said weekend, holiday or closed business day. (Ord.No. 19255-08-2010, § 1, 8-3-10, eff. 10-1-10) DIVISION 2. - SPECIAL EVENTS AND PARADES Sec.20-410.-Events calendar. Sec.20-411. -Events calendar committee. Sec.20-412.-Pre-event meeting. Sec. 20-413.-Notification requirements. Sec.20-414.-Special event permit process. Sec.20-415.-Parade permit process. Sec. 20-416. -Parades in the central business district. Sec. 20410.-Events calendar. (a) The outdoor events manager shall create an events calendar for each fiscal year beginning in October for the purpose of setting the city's calendar for upcoming special events and parades in the city. (b) A written application to hold a special event or parade shall be submitted to the outdoor events manager to be placed on the city's yearly events calendar no earlier than three hundred sixty-five (365) days prior to a special event or parade. The outdoor events manager may reduce the time frame required for an applicant to submit an application as authorized by the director of public events or his/her http://www.amlegal.com/alpscripts/get-content.aspx 12/20/2012 Page 10 of 43 designee. (c) The outdoor events manager may deny the application if the applicant fails to submit a completed application to hold a special event or parade to be placed on the events calendar as required by this ordinance. (d) First Amendment events and First Amendment parades shall be exempt from this division. (Ord. No. 19255-08-2010, § 1, 8-3-10, eff. 10-1-10; Ord. No. 19373-09-2010, § 3, 9-28-10; Ord. No. 20292-07-2012, § 2, 7-17-12) Sec. 20-411. -Events calendar committee. (a) The outdoor events manager shall be responsible for notifying and requesting comments of the events calendar committee members of the applications for events before placing the event on the yearly events calendar. (b) The events calendar committee shall provide comments within fifteen(15) days of notification by the outdoor events manager for the purpose of setting the city's events calendar for upcoming special events and parades in the city. In setting the yearly events calendar,the events calendar committee shall consider the current submitted applications to hold an event, other activities being held in the city and any conflicts related to dates,times and location, established events, city resources, and space capacity for the requested special event or parade. (c) All applicants requesting a permit for a special event or parade must submit an application to the outdoor events manager. Applications for a special event or parade with an expected attendance of greater than two thousand five hundred(2,500)persons located in the downtown outdoor events district must submit an application no later than two hundred ten(210) days before the date of the proposed event. All other special event or parade applications must submit an application no later than one hundred and twenty (120) days before the date of the proposed event.An application for a parade with a procession of less than five hundred (500)pedestrians or attendees must be submitted no later than sixty (60) days before the date of the proposed event. The outdoor events manager,may reduce the time frame required for an applicant to submit an application for a permit for a special event or parade as authorized by the director of public events or his/her designee. (d) In determining whether to place the applicant's application for a permit for a special event or parade on the yearly events calendar for the requested dates and times,the committee shall consider: (1) Whether there are competing applications or other activities that are substantially for the same time and place where both cannot logistically occur together; (2) Whether there are competing applications that are substantially for the same time and/or place, each of which requires police, emergency services or fire protection over and above what would normally be provided in that location and the chief of police or fire chief has determined that there is not a sufficient quantity of personnel to provide adequate coverage for each of the events; and (3) The written comments received from property owners as shown by the current tax roll and residents along all the block faces of the proposed event as required to be noticed by section 20-413 and all religious institutions, schools and registered neighborhood associations within one-fourth (%4)mile http://www.amlegal.com/alpscripts/get-content.aspx 12/20/2012 Page 11 of 43 surrounding the proposed event. The events calendar committee shall consider the failure of a property owner to return written comments as non-opposition to the proposed special event or parade. (e) In a case of competing events for the same time and place,priority shall be given to an established event, unless the location requested has been used in the three (3)preceding years by a non- established event. For a non-established event,priority shall be given to the order in which the written application to hold an event or parade is received by outdoor events manager. (f) The events calendar committee shall have the authority to deny the applicant a specific date and time based on paragraph(e) above, provided however, they shall offer alternative dates, times and/or location for the requested special event or parade. An applicant desiring to accept the alternative permit shall,within five(5) days after notice of the action of the outdoor events manager, file a written acceptance with the outdoor events manager. If the applicant refuses the alternate date, time or location offered by the events calendar committee, the committee shall recommend that the outdoor events manager deny the application for a permit to hold a special event or parade. (Ord. No. 19255-08-2010, § 1, 8-3-10, eff. 10-1-10; Ord.No. 20292-07-2012, § 3, 7-17-12) Sec. 20-412. - Pre-event meeting. (a) The outdoor events manager shall be responsible for establishing the dates, times and location of the pre-event meeting and notifying the committee members and the applicants of the meetings. (b) The pre-event meeting shall be for the purpose of reviewing the application and all required permits for compliance with this article and all other applicable ordinances and any applicable policies approved by the city manager. (c) No pre-event meeting shall be scheduled until a complete application is received by the outdoor events manager. (d) All applicants requesting a special event or parade permit in which the attendance is expected to be greater than two thousand five hundred (2,500)must attend the pre-event meeting no later than one hundred twenty (120) days before the date of event to review the application. All other applicants requesting a special event or parade permit must attend the pre-event meeting no later than sixty (60) days before the date of the event to review the application. (e) Failure of the applicant to attend the scheduled pre-event meeting shall be grounds for denial of the permit. (f) The pre-event committee shall recommend that the outdoor events manager deny the application if the applicant is unwilling or unable to comply with all the requirements of the ordinance or any other applicable ordinances. (g) First Amendment event and First Amendment parade applicants are not required to attend a pre-event meeting. (Ord. No. 19255-08-2010, § 1, 8-3-10, eff. 10-1-10; Ord. No. 20292-07-2012, § 4, 7-17-12) http://www.amlegal.com/alpscripts/get-content.aspx 12/20/2012 Page 12 of 43 Sec. 20-413.-Notification requirements. (a) Events outside the downtown outdoor events district. (1) Notification. a. Special events,parades, runs or walks. No later than five (5) days after the filing of an application for a special event,parade,walk,run or race permit, the applicant shall provide written notice, at applicant's expense, to all registered neighborhood associations,religious institutions and schools within one-quarter(1/4)mile surrounding the event, and all owners of property, as shown by the current tax roll, along all the block faces of the event or walk,run or race.Notice shall also be sent to the outdoor events manager. Notice may be provided by U.S. Mail or by electronic mail.Notice shall include language indicating that failure of a property owner to return written comments to the outdoor events manager within ten (10) days shall be considered as non-opposition to the proposed special event or parade. The notice must state the date,time and location of event,the type of event, the dates(s) of event,the specific street closures and the time the streets will be closed. b. For condominiums,hotels or high rise residential buildings,notice may be provided to the property manager or the homeowner's association. Notice shall include language indicating that failure of a property manager or homeowner's association to return written comments within ten(10) days shall be considered as non-opposition to the proposed special event or parade. (b) Events inside the downtown outdoor events district. (1) Notification. a. Special events,parades, runs and walks. At least five(5) days after filing an application for a special event,parade,walk,run or race permit,the applicant shall provide written notice, at applicant's expense,to all registered neighborhood associations,religious institutions and schools within one-quarter('/4) mile surrounding the event or the walk,ran or race,The T, the Convention and Visitors Bureau, Sundance Square,Downtown Fort Worth, Inc. and all owners of property, as shown by the current tax roll, along all the block faces of the event, Notice may be provided by U.S. Mail or electronic mail. The notice must state the date, time and location of event, the type of event,the dates(s)of event, the specific street closures and the time the streets will be closed. b. For condominiums,hotels or high-rise residential buildings,notice may be provided to the property manager or the homeowner's association. (c) Posting on the city's webpage. The dates and times of the events calendar meeting,the pre- event meeting, special events and parades shall be posted on the city's designated web page by the outdoor events manager at least twenty(20)days,but no more than thirty(30) days, prior to the date of the meeting or event. (d) Compliance and response. (1) The applicant shall file an affidavit with the outdoor events manager within five(5) days following the filing of the application and no later than thirty(30)days prior to the event showing that notice has been provided as required above. Submittal of the affidavit to the outdoor events manager http://www.amlegal.com/alpscripts/get-content.aspx 12/20/2012 Page 13 of 43 shall be proof of notification required in this article and the outdoor events manager shall not be responsible for verifying the information submitted by the applicant. (2) At the request of the outdoor events manager, any questions or concerns from residents, business or property owners shall be addressed by the applicant prior to issuance of a permit. (3) The outdoor events manager shall notify the mayor and the councilmember for the district in which the event is being held no later than one(1)week before the event. (Ord.No. 19255-08-2010, § 1, 8-3-10, eff. 10-1-10; Ord.No. 20292-07-2012, § 5, 7-17-12) Sec. 20-414. -Special event permit process. (a) Permit required. It shall be unlawful for any person to hold, sponsor or cause to be held a special event without first having obtained a special event or parade permit from the outdoor events manager. (b) Mandatory requirements for the issuance of a special event permit. Compliance with the following shall be required before the outdoor events manager may issue a permit: (1) Submission ofa completed application.- a. pplication:a. Two hundred ten(2 10)days prior to a special event in the downtown outdoor events district with anticipated attendance over two thousand five hundred(2,500); b. One hundred twenty (120) days prior to a special event outside of the downtown outdoor events district or for events inside the downtown outdoor events district with anticipated attendance of over five hundred(500)but less than two thousand five hundred(2,500); c. Sixty (60) days prior to a walk,run or race with anticipated attendance of less than five hundred (500). (2) Payment of all fees at the time of submission of the completed application; (3) Attendance of the applicant at the pre-event meeting; (4) Submission of all required plans; (5) Notice to the surrounding property owners for meetings as required by this article; (6) Execution of a user agreement; and (7) Submission of all insurance and other requirements under this article. (c) Application process. (1) A person seeking to hold a special event shall apply for a special event permit by filing with the outdoor events manager a written application upon a form provided by the city. Each application must be accompanied by a nonrefundable fee as adopted by the city council. http://www.amlegal.com/alpscripts/get-content.aspx 12/20/2012 Page 14 of 43 (2) An application must be filed no less than: a. Two hundred ten (2 10) days prior to a special event in the downtown outdoor events district with anticipated attendance of over two thousand five hundred(2,500); b. One hundred twenty (120) days prior to a special event outside of the downtown outdoor events district or for events inside the downtown outdoor events district with anticipated attendance more than five hundred(500)but less than two thousand five hundred(2,500); c. Sixty(60) days prior to a walk,run or race for events with anticipated attendance less than five hundred (500). (3) An application must contain at a minimum the following information: a. The name, address, and twenty-four-hour telephone number of the person seeking to conduct the special event and who will be responsible for its conduct; b. Estimated projected attendance affidavit; c. Execution of user agreement; d. If the special event is to be held for, on the behalf of,or by an organization, the name, address and telephone number of the headquarters of the organization and the name and address of the authorized responsible representatives of the organization; e. A description of the special event,including any historical and promotional information, and requested dates and hours for operation of the event; f. The dates and times when the special event is to be conducted, including set up and removal; g. A noise mitigation plan that addresses noise impacts on surrounding businesses and residences if the special event includes amplified music; h. Proof that the applicant possesses or is able to obtain all licenses and permits required by the city or by state law for the special event; i. The time and type of any entertainment and whether amplification will be used; j. The use of any pyrotechnics display; k. The time streets or sidewalks are to be blocked or closed; 1. The number of persons proposed or required to monitor or facilitate the event and provide spectator or participant control; in. Event site plan indicating location of generators, tents, stages, booths, utility poles, stands, disbanding areas, signs, banners, vendors,portable toilets,orientation of amplifiers and loudspeakers, lighting, disability access, viewing stands,the name and location of streets or sidewalks to be blocked or closed and the location of any barricades and bleachers; http://www.amlegal.com/alpscripts/get-content.aspx 12/20/2012 Page 15 of 43 n. If any alcohol is going to be sold or distributed,the vendors and application for license for sale issued by the Texas Alcoholic Beverage Commission; o. Emergency services and fire safety plans; p. Police service plans; q. Traffic control plan,parking plans and trash/recycling plans; r. Compliance with all city plumbing and electrical code requirements, and sanitation and sewage disposal facilities requirements; s. Details of how the applicant will clean up the area after the special event,if on public property; t. Any additional information related to health and safety which the city finds reasonably necessary to make a determination as to whether a permit should be issued; and u. Provide a copy of events calendar and pre-event meetings notification letters and distribution list to all affected businesses,property owners and/or residents as required by this article. (4) After submission of the application,the outdoor events manager may request supplemental information. (Ord. No. 19255-08-2010, § 1, 8-3-10, eff. 10-1-10; Ord. No. 20292-07-2012, § 6, 7-17-12) See. 20-415.-Parade permit process. (a) Permit required. (1) It shall be unlawful for any number of persons, delegations, or associations of persons,or for any company, circus,or group to conduct a parade along or upon the streets of the city without first obtaining a permit. No permit shall be required for the use of the sidewalks of the city for any procession or parade. (2) It shall be unlawful for any number of persons, delegations, or associations of persons, or for any company, circus, or group to conduct a parade upon any median,median strip or traffic island designed for the purpose of separating or directing vehicular traffic. (3) Only one(1) parade shall be allowed on the same calendar day in the following areas: 1)the DOED; 2) the Cultural District; 3)the NSOED or 4) the SOED. Outside these locations,permits may be issued for parades to be conducted on the same calendar day at the same time by the outdoor events manager in consultation with the chief of police and the fire chief, or their designees in regard to the respective department's available resources. Times shall be conflicting if the parade starting times are less than four(4)hours apart. (4) No permit shall be issued if: a. The parade would conflict with previously planned events or programs in the area http://www.amlegal.com/alpscripts/get-content.aspx 12/20/2012 Page 16 of 43 scheduled for the same time and place; b. The parade would present an unreasonable danger to the health or safety of the applicant, participants or citizens of the city; c. The parade would duly interfere with proper fire and police protection or ambulance service to the area contiguous to the parade route and alternative means of service acceptable to the city is not available; or d. The parade will place such a burden on the police, fire or emergency services that they would be unable to provide normal services to the remainder of the city. e. The parade would interfere with events scheduled at the Fort Worth Convention Center or the Will Rogers Memorial Center. (b) Mandatory requirements for issuance of a parade permit. (1) Submission of a completed application no later than: a. Two hundred ten (210) days prior to a parade in the downtown outdoor events district with participation or attendance anticipated over two thousand five hundred (2,500); b. One hundred twenty (120) days prior to a parade outside of the downtown outdoor events district or inside the downtown outdoor events district with anticipated attendance of over five hundred (500)but less than two thousand five hundred(2,500); c. Sixty (60) days prior to a parade with participation or attendance anticipated to be less than five hundred(500). (2) Payment of all fees at the time of the submission of the completed application; (3) Attendance by the applicant at the pre-event meeting; (4) Submission of all the required plans; (5) Notice to surrounding property owners for the events calendar and the pre-event meetings as required by this article; (6) Execution of a user agreement; and (7) Submission of all insurance and other requirements under this article. (c) Application process. (1) A person seeking a permit for a parade shall file an application in writing on a form to be provided by the outdoor events manager. An application for a parade permit with participation or attendance anticipated to be greater than five hundred(500)persons shall be filed with the outdoor events manager no less than one hundred twenty(120)calendar days before the date of the proposed parade except for exempt parades and events in the downtown outdoor events district with participation or attendance more than two thousand five hundred(2,500) as provided above. An application for a http://www.amlegal.com/alpseripts/get-content.aspx 12/20/2012 Page 17 of 43 parade permit for a parade with anticipated attendance or participation of less than five hundred(500) persons shall be filed with the outdoor events manager no less than sixty(60) days before the date of the proposed parade. (2) The contents of the application shall include: a. The name, address and telephone number of the person seeking to conduct a parade; b. If the parade is to be held for or by an organization, the name, address,telephone number of the headquarters of such organization and the names and numbers of authorized and responsible heads of the organization; c. The name, address and all telephone numbers of the applicant responsible for the conduct of the parade; d. Location, date and time of the parade; e. A written description of the proposed route to be traveled, the starting point and the termination point of the parade, including a map illustrating the exact route of the parade; f. If the parade will be in the DOED,then the applicant shall choose a designated route provided by the outdoor events manager in consultation with the city traffic engineer; g. The estimated number of any riders, animals, animal drawn vehicles, floats,motor vehicles, motorized displays and marching units or organizations, such as bands, color guards, and drill teams that will constitute the parade; h. A statement as to whether the parade will occupy all or only a portion of the width of the streets proposed to be used; i. The streets that will be partially or completely closed during the parade; j. The location by streets of any assembly areas for the proposed parade; k. The time at which units of the parade will arrive at the assembly area; 1. Event site plan indicating location of generators, tents, vendors,portable toilets, amplifiers, viewing stands and bleachers, if any; in. Emergency services and fire safety and traffic control plans; n. The estimated attendance at the event; o. Details of how the applicant will clean up the area after the parade, if on public property; p. Any additional information related to health and safety which the outdoor events manager finds reasonably necessary to make a determination as to whether a permit should be issued; and q. No later than thirty (30) days prior to the parade,provide a notification letter to all affected businesses and/or residents. For condominiums, hotels or high-rise residential buildings,notice http://www.amlegal.com/alpscripts/get-content.aspx 12/20/2012 Page 18 of 43 may be provided to the property manager or the homeowners association. A copy of the notification letter and distribution list shall be provided to the outdoor events manager prior to sending the notification letter. (d) Issuance of parade permit. (1) The place, duration and manner of use of the public streets and other public ways and places for parades shall be subordinate to the public safety,comfort and convenience,the maintenance of order and the avoidance of congestion. The outdoor events manager shall issue a permit upon finding: a. The conduct of the parade will not interfere with the safe and orderly movement of traffic near the parade route; or b. The parade is scheduled to move from its point of origin to its point of termination without unreasonable delays; or c. The conduct of such parade will not interfere with the movement of firefighting equipment or fire protection activities; or d. The conduct of such parade will not require the diversion of a number of police officers to properly police the line of movement and areas near the parade so as to prevent normal police protection to other areas of the city; or e. The conduct of the parade will not require the diversion of a number of ambulances so as to prevent normal ambulance service to other portions of the city; or f. The movement of the parade will not conflict in time and location with another parade or event for which a permit has been granted. (Ord.No. 19255-08-2010, § 1, 8-3-10, eff. 10-1-10; Ord. No. 19373-09-2010, § 4, 9-28-10; Ord.No. 20292-07-2012, § 7, 7-17-12) Sec. 20-416.-Parades in the central business district. All parade routes held in the DOED must be on a designated route provided by the outdoor events manager. Except for parade of lights, all parades must not start any earlier than 10:00 a.m. and must end no later than 2:00 p.m. All streets must be cleaned and reopened no later than 3:00 p.m. (Ord. No. 19255-08-2010, § 1, 8-3-10, eff. 10-1-10) DIVISION 3. - FIRST AMENDMENT EVENTS AND FIRST AMENDMENT PARADES [105 (105)Editor's note—Ord.No. 19373-09-2010, § 5, adopted September 28, 2010,amended the title of Div. 3 to read as herein set out.Prior to inclusion of said ordinance,Div. 3 was entitled, "First Amendment Events," See also the Code Comparative Table. Sec.20-417. -Permit process. http://www.amlegal.com/alpscripts/get-content.aspx 12/20/2012 Page 19 of 43 Sec. 20-417. -Permit process. (a) First Amendment events and First Amendment parades shall be governed exclusively by this division. (b) Fees. (1) No permit fees shall be charged for a political march or rally conducted on public sidewalks or in city parks or plazas, or for other non-commercial exercise of rights guaranteed by the First Amendment of the United States and the Texas Constitution. (2) An applicant for a First Amendment event or a First Amendment parade shall be required to pay all fees for street closures to conduct specific activities in conjunction with or as part of a First Amendment event or First Amendment parade. Fees for First Amendment events or First Amendment parades on public streets shall not be in excess of the city's cost to close the street(s) for traffic control. (c) Permit required. (1) An application for a First Amendment event or First Amendment parade shall be filed with the outdoor events manager not more than three hundred sixty five(365) days before the proposed event. (2) If an organization plans a First Amendment event or First Amendment parade within thirty (30) calendar days of the proposed event, an application for a First Amendment event or First Amendment parade permit shall be filed with the outdoor events manager within three(3) calendar days of the date on which the event begins but not less than two (2) calendar days before the proposed event. The outdoor events manager and the applicant shall communicate with the police and fire departments prior to the First Amendment event or First Amendment parade. (3) The outdoor events manager may issue a First Amendment event or First Amendment parade permit for an application filed less than thirty (30) calendar days provided there is adequate time for the city to process the application and to assure that there are adequate traffic measures in place for the orderly movement of the event participants and traffic near the route. (d) Service plans. (1) The applicant must submit an emergency services plan that complies with the Fort Worth Fire Code and the Fire Department's street closure guidelines and maintains adequate fire lanes within each closure area. (2) The applicant must submit a traffic control plan which shall provide traffic controls for the First Amendment event or First Amendment parade including the street(s)to be closed and all other streets or public areas in close proximity that may be utilized for alternative routes or for parking of vehicles of persons attending the First Amendment event or First Amendment parade. (Ord. No. 19255-08-2010, § 1, 8-3-10, eff. 10-1-10; Ord. No. 19373-09-2010, § 5, 9-28-10) DIVISION 4. - PUBLIC PARK EVENTS http://www.amlegal.com/alpscripts/get-content.aspx 12/20/2012 Page 20 of 43 Sec. 20-418.-Permit process. Sec. 20418. -Permit process. (a) Permit required. (1) General, All events with one (1)person or greater that require the use of a park outdoor facility, such as a park pavilion, shall file a facility reservation application with the park and community services department. Provided however the following locations shall be administered by other city departments or contractors, they are as follows: General Worth Square shall be administered by the public events department and Burnett Park shall be administered by Downtown Fort Worth, Inc., Park reservation applications are not required to be submitted to the public events department and all processing of the application will be administered by the parks and community services department. (2) Trinity Park. a. Events with an expected attendance of five hundred(500) or more persons shall be required to comply with the provisions of this article,including placement of the event on the events calendar and attendance at the pre-event meeting. The pre-event committee review shall be limited to the impact of the event outside the park system. The parks and community services department shall coordinate all permitting with the outdoor events manager, and the applicant. Issuance of the permit shall be by the parks and community services department. b. Events with an expected attendance of less than five hundred(500)persons that are contained within Trinity Park and associated park system, including Trinity Trails, and do not require a closure of a street exterior to the park shall also be administered and permit issued by the parks and community services department. (3) Public parks other than Trinity Park. a. Events with an expected attendance of one thousand(1,000) or more persons shall be required to comply with the provisions of this article, including placement of the event on the events calendar and attendance at the pre-event meeting. The pre-event committee review shall be limited to the impact of the event outside the park system. The parks and community services department shall coordinate all permitting of the event with the outdoor events manager, and the applicant. Issuance of the permit shall be by the parks and community services department. b. Events with an expected attendance of less than one thousand(1,000) persons that are contained within the park system,including Trinity Trails, and do not require closure of a street shall also be administered and permit issued by the parks and community services department. (4) Any event requiring a street closure external to the park or park system shall be administered and permitted by the outdoor events manager in coordination with the parks and community services department. (5) This article shall not apply to Mayfest or concerts in the garden. (6) The parks and community services department shall maintain written procedures for obtaining a park facility reservation permit, and said procedures shall be placed in the department's http://www.amlegal.com/alpscripts/get-content.aspx 12/20/2012 Page 21 of 43 policies and procedures manual, a copy thereof to be provided to the outdoor events manager, and able to be provided to the public upon request. (7) All gated events located in a city park shall be regulated by the department of parks and community services in consultation with the chief of police and the fire chief.No gated event in a public park shall be approved until the applicant certifies that admission will not be denied based on race, color, creed, religion, gender, parental status, familial status, sexual orientation,national origin, political affiliation or gender identity. (8) After a facility reservation application has been processed by the parks and community services department, the department, shall forward the processed application and permit,if any,to the outdoor events manager for informational and calendaring purposes and the outdoor events manager shall maintain the file on such event. (9) Other than events requiring a street closure external to the park or park system, the decision of whether to grant or deny a park permit shall be made by the director of parks and community services department, which shall be final. The denial or revocation of a permit for events requiring a street closure external to the park or park system may be appealed pursuant to section 40-437. (Ord. No. 19255-08-2010, § 1, 8-3-10, eff. 10-1-10; Ord. No. 20292-07-2012, § 8, 7-17-12) DIVISION 5. - OUTDOOR EVENT DISTRICTS Sec.20419.-Downtown Outdoor Events District(DOED). Sec.20420.-Near Southside Outdoor Events District(NSOED). Sec.20-421 - Stockyards Outdoor Events District(SOED). Sec. 20-419.-Downtown Outdoor Events District(DOED). (a) In addition to the regulations set out in this section, all events in the DOED shall be required to comply with this article and all city policies and procedures. (b) There shall be increased fees for all events in the DOED which will be approved annually by the city council. A security deposit, as determined by the city manager, shall be required for all events in the DOED due to the need to protect enhanced amenities in the downtown area. (c) The owners of the Sundance Flying Saucer Lot, Gateway Lot and the Sundance Square Chisholm Trail Lot shall be allowed to submit an application for the next calendar year and receive an annual permit for all planned events that do not involve a street closure (d) All events in the DOED shall be placed on the events calendar and applicants shall be required to attend all pre-event meetings as required by this article. The pre-event committee may require an enhanced parking plan and traffic control plan for events held on Friday or Saturday nights. (e) Other than events contained entirely on private property, and water and food distributed at the end of walks,runs and races, and to remedy emergency situations,no food or beverage shall be sold, served or distributed, for any event with an estimated attendance of less than five thousand(5,000) attendees per day. Actual attendance at a prior event will be used to determine the attendance number. http://www.amlegal.com/alpscripts/get-content.aspx 12/20/2012 Page 22 of 43 (f) Where a street closure is required for the event, no more than two (2) events with an estimated attendance of less than five thousand(5,000) attendees shall be allowed within the same two (2)block radius within a three-week period. (g) No business delivery parking shall be blocked at any time before, during or after an event. (h) For special events and parades occurring in the DOED, no traffic control devices, including signs,barricades, cones or other traffic management elements,may be delivered or stored on public property prior to the date specified on the special event or parade permit. (i) No set up shall be allowed prior to twenty-four(24)hours before the start of the event for special events or parades with an expected attendance of less than one hundred thousand (100,000) attendees. For special events or parades with an expected attendance of more than one hundred thousand (100,000), no set shall be allowed prior to forty-eight(48) hours before the start of the event without the approval of the outdoor events manager. 0) Barricades must be staffed at all times with a minimum of one (1)person at least eighteen(18) years of age who is wearing a reflective safety vest. (k) Other than the parade of lights, parades must not start any earlier than 10:00 a.m. and must end no later than 2:00 p.m. All streets must be cleaned and reopened no later than 3:00 p.m. (1) In addition to the requirements of the outdoor events ordinance and all polices and procedures adopted by the city, all events in the DOED shall submit and obtain approval from the pre-event committee for the following plans: (1) Attendee parking, (2) Support vehicle parking; (3) Trash disposal and nightly pick up; and (4) Noise mitigation (bands, amplifiers, etc) (m) All parade routes held in the DOED must be on a designated route provided by the outdoor events manager. Except for parade of lights, all parades must not start any earlier than 10:00 a.m. and must end no later than 2:00 p.m. All streets must be cleaned and reopened no later than 3:00 p.m. (Ord. No. 19255-08-2010, § 1, 8-3-10, eff. 10-1-10) See. 20-420.-Near Southside Outdoor Events District (NSOED). (a) Except for the permitting exception of non-income producing events on private property in this section,the NSOED shall be required to comply with all the regulations of this article and all city policies and procedures. (b) Non-income producing events held on private property in the NSOED that do not involve a street closure shall be allowed to submit an application for all planned events for the next calendar year and receive an annual permit. http://www.amlegaLcom/alpscripts/get-content.aspx 12/20/2012 Page 23 of 43 (c) All events shall be placed on the events calendar as required by section 20-410, but the applicant for a non-income producing event that has obtained an annual permit shall not be required to attend an events calendar or pre-event meeting. (d) No later than seventy-two (72)hours prior to a non-income producing event on private property, the event holder shall be required to provide email notice to the outdoor events manager and to the police and fire department. (Ord.No. 19255-08-2010, § 1, 8-3-10, eff. 10-1-10) Sec. 20-421 -Stockyards Outdoor Events District(SOED). (a) Except for the permitting exception of non-income producing events on private property in this section the SOED, events shall be required to comply with all the regulations of the outdoor event ordinance and all city policies and procedures. (b) Non-income producing events held on private property in the SOED that do not involve a street closure shall be allowed to submit an application for all planned events for the next calendar year and receive an annual permit. (c) All events shall be placed on the events calendar as required by section 20-410, but the applicant for a non-income producing event that has obtained an annual permit shall not be required to attend an events calendar or pre-event meeting. (d) No later than seventy-two (72)hours prior to a non-income producing event on private property, the event holder shall be required to provide email notice to the outdoor events manager and to the police and fire department. (e) No event shall be allowed to barricade full closure of a street within the SOED for more than four (4)hours in any forty-eight(48)hour period. Barricades must be staffed at all times with a person at least eighteen (18)years of age who is wearing a reflective safety vest. (f) In addition to the requirements of this article and all policies and procedures adopted by the city, all income producing or gated events or events requiring a street closure in the SOED shall submit and obtain approval from the pre-event committee for the following plans: (1) Parking plan for attendees; (2) Support vehicle parking; (3) Trash disposal and nightly pick up; and (4) Noise mitigation(location of bands, amplifiers, etc) (g) The Fort Worth Herd cattle drive is excluded from the requirements of the SOED and this article. (Ord. No. 19255-08-2010, § 1, 8-3-10, eff. 10-1-10) http://www.amlegal.com/alpscripts/get-content.aspx 12/20/2012 Page 24 of 43 DIVISION 6. - GENERAL PROVISIONS FOR SPECIAL EVENTS AND PARADES [1 'I (106)Editor's note—Ord.No. 19373-09-2010, §6,adopted September 28,2010,amended the title of Div. 6 to read as herein set out.Prior to inclusion of said ordinance,Div. 6 was entitled, "General Provisions for Special Events,Parades and First Amendment Events." See also the Code Comparative Table. Sec.20-422.-Additional permits required. Sec.20-423.-Projected attendance estimates. Sec.20-424.-Emergency services and fire safety,traffic control and parking plans. Sec.20-425.-Gating and fencing of events. Sec.20-426.-Prohibited conduct during events. Sec.20-427.-Retention of permit. Sec.20-428.-Security deposit. Sec.20-429.-Supplemental service fees. Sec. 20-430.-Tent requirements. Sec.20-431.-Use of city logo or name. Sec.20-432.-User agreement. Sec. 20422. -Additional permits required. (a) Portable restrooms. (1) All events that provide portable restrooms must indicate on the special event or parade site plan the exact location where the portable restroom(s) shall be placed. (2) If the portable restrooms are not placed at the location designated on the event site plan,the outdoor events manager or her/his designee shall give the applicant oral or written notice to move the portable restroom(s)to the proper location. The applicant must have the portable restroom(s)moved immediately,but in no case later than four(4)hours after notice. Should the applicant fail to meet this requirement,the applicant shall be subject to the penalties set forth in this article. (3) The event site plan shall state the time that the portable restroom(s) shall be removed. In the event that the portable restrooms are not removed by the time set forth in events plan, the applicant shall be subject to the penalties set forth in this article. Where the applicant provides evidence of a good faith effort to have the portable restroom owner remove the portable restrooms in a timely manner, the city shall not subject the applicant to the penalties,but shall instead provide written notice to the portable restroom owner requiring removal of the portable restrooms within twenty-four(24) hours of receiving the city's written notice. Should the owner fail to meet this requirement, the owner shall be subject to the http://www.amlegal.conValpseripts/get-content.aspx 12/20/2012