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R2011-034 - 2011-06-13BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City Council hereby approves the Special Events Permit attached hereto as Exhibit "A". ATTEST: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A SPECIAL EVENTS PERMIT. PASSED, APPROVED, AND ADOPTED this 13 day of June, A.D., 2011. LLIVA .411% 1 Y• NGa"'F T' /��C ST Y S RETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY RESOLUTION NO. R2011 -34 fit' TOM REID MAYOR Event Name Annual Event Event Category (check all that apply) Event Organizer Street Address City Primary Contact Phone Additional Event Partner Primary Contact Phone Additional Event Partner Primary Contact Phone Event Venue Site(s) (Explain what sites will used and the activities at each) Special Event Permit Application yes Community Festival Run Walk Other (specify) Troika Promotions 15119 Camelback Court Houston Bryan Colette Kraham Event Sponsors Description of Event (Provide thorough details of event activities, programs and schedule) Admission Entry Fee Event Start Date 1st Time Event triathlon 713.823.8093 (Bryan Cell) 1 Fax Phone Shadow Creek Ranch Triathlon July 17, 201 1 yes Concert Parade State To apply for a Special Event Permit, complete this application. Submit this application form, in both a hard copy and on disk or email along with an Event site plan and a $50.00 Application Fee payable to the City of Pearland, c/o the Recreation Superintendent. This Application must be received at least sixty (601 days prior to your event to be considered for approval. TX City of Pearland Spedal Event Permit Application Event End Date Longevity of Eventl 0 Alcohol Served Circus Athletic Event Zip 77079 Email Address Cellular Page Ws Cellular Page #'s In Advance: $65 adult $85 for relay team Day of: noned Overall Attendance Estimate 1 Largest One -time Attendance Estimate Exhibit "A" Resolution No. R2011 -34 Yes July 17, 2011 Corporate ID# Non Profit Corp. Bike Race/Tour Camival Fair bryan.krahamomail.com yes, not sold TBD No triathlon Cellular( Page 281.216.4866 (Colette Cell) Until the permit is approved, there are none but there will be upon approval. Some of the companies with interest are: Methodist Hospital systems, Dr. Pepper Snapple, Greenstar Recycling, Aztec events and tents July 17, 2011 The first annual Shadow Creek Ranch triathlon will be held in the beautiful Shadow Creek Ranch Subdivision in Pearland, Texas. The triathlon will benefit a TBD charity. The triathlon is a sprint distance triathlon consisting of a 500 meter open water swim, a 14 mile bike and a 3.2 mile run through the Shadow Creek Subdivision. Greater than 85% of the event will be held on the grounds of the Shadow Creek Ranch community. The central point of the race, meaning start, transition and Shadow Creek Ranch subdivision will be the host of the event. 90% of the event will take place within the shadow creek ranch subdivision boundaries. The swim portion of the event will take place at the lake immediately ajacent to the trinity bay pool area. The swim to bike and bike to run transition area will be the trinity bay parking lot. The bike course will, for the most part 1,200 I Effective 4 -25 -08 Page 1 of 6 Event Start Datel 17- Jul -11 2nd Event Date 3rd Event Date 4th Event Date 5th Event Date Time Open to Public Actual Event Start Time Music Sound Start Time (inc. sound checks) Alcohol Service Start Time Time Open to Public Actual Event Start Time Music Sound Start Time (inc. sound checks) Alcohol Service Start Time Time Open to Public Actual Event Start Time Music Sound Start Time (inc. sound checks) Alcohol Service Start Time Time Open to Public Actual Event Start Time Music Sound Start Time (inc. sound checks) Alcohol Service Start Time Time Open to Public Actual Event Start Time Music Sound Start Time (inc sound checks) Alcohol Service Start Time 5:OOam 6:45 AM 6:30am for anouncements 9:OOam Time Closed to Public Actual Event End Time Music Sound End Time Alcohol Service End Time Time Closed to Public Actual Event End Time Music Sound End Time Alcohol Service End Time Time Closed to Public Actual Event End Time Music Sound End Time Alcohol Service End Time Time Closed to Public Actual Event End Time Music Sound End Time Alcohol Service End Time Time Closed to Public Actual Event End Time Music Sound End Time Alcohol Service End Time 10:OOam 11:OOam 11:OOam Food ServedlSold at Event Cooking Method Charcoal (check all that apply} Merchandise Sold at Event Other Items Services Sold Effective 4 25 08 yes yes of Vendors of Vendors Event Merchants Vendors Information 3 of Non Profit Vendors of Food Vendors Needing Electricity Gas /Propane Electric of Vendors 1 of Non Profit Vendors Describe Items /Services of Merch. Vendors Needing Electricity of Non Profit Vendors of Vendors Needing Electricity City of Pearland Spedal Event Permit Application 0 0 of For Profit Vendors 3 of Food Vendors Needing Water 0 Other) non cooked foods 1 pre packed foods ar of For Profit Vendors of Merch. Vendors Needing Water of For Profit Vendors of Vendors Needing Water Event Venue Set -up Date(s) Venue Break -down Date(s) Additional Venue(s) or Site(s) required for Event Set -up or Staging of equipment 16- Jul -10 17- Jul -10 Event Venue Set -up Break -down Information Set -up Start Time Break -down Start Time 8:OOam 9:00am Set -up Finish Time Break -down Finish Time 7:OOpm 2:OOam Requested Street(s) To Be (NOTE* we are not asking for full closures, just partial lane closures and we will provide the cones for the majority of Closed the course, the race course map attached) Proposed Date(s) Times of July 17th, 2011 from 6:45am until 9:30am (again only partial closures) Street Closures Page 2 of 6 Dumpsters Portable Toilets Trash cans Recycling Containers Banners or signs Fencing, barricades Special Lighting Shuttle Services Site Decorations Catered Food Live Entertainment Security Traffic contol Effective 4 25 08 no yes yes yes yes yes yes no no no TBD TBD yes Will you be supplying any of the following items or elements at your Event? (Check complete all that app y) Quantity Quantity Quantity Quantity Quantity Type Describe Describe Describe Describe Describe Describe Describe Stage, bleachers or other structures 30 -50 Event web site or hot -line phone 30 Fireworks, fires or pyrotechnics 20 Name of Fireworks Contractor —20 Booths, exhibits or displays bike rack style barricade anc Tents or canopies self powered portable for AN Vehicles trailers Animals VIP Area Amplified Music /Sound Rides, inlatables other amusement items Pearland Police yes yes no yes yes no no no yes no City of Pearland Special Event Permit Application Quantity 1 Describe finish line structure, inflatable URL or Phone activation upon permit approval shadc Describe Quantity Quantity Quantity Quantity Describe Describe Quantity TBD TBD Phone Describe sponsors Size Sq. Ft, 10 x 10's Describe Describe PA system for athlete announcements, post race music Describe Are you requesting that the City of Pearland provide any of the following items or elements for your event? (Check and complete all that apply) Electrical Service Water Service First Aid Service Crowd control Barricades Unique Grounds Preparation Needs Traffic Control Security Event -day staff Other City Services no no no no no yes TBD no no Describe Describe Describe Describe Describe Describe police fo traffic control Describe police for secudty at the transition area is a possibility Quantity Duties Hours Describe Describe your anticipated needs for crowd control, Police, Event security, First Aid Services and Disabled Parking We will need officers directing traffic along the bike course. Page 3 of 6 Outline in detail the duties your Event -staff will perform during the Event, include such items as staffing entry and exits points, beer /wine garden area(s), stage area(s), clean up of debris and litter during and post- event, supervision of parking areas, etc.. How many Event staff members will you have on site during the Event, and how are will you obtain these event staff? Our event staff will begin by directing incoming athletes to the parking area at trinity bay drive. There will be 5 -10 volunteers parking vehicles in the grass area that is part of the SCR subdivision. Our next group of volunteers will be staffing the entry point to the swim to bike and bike to run transition area. they will be checking for safety items such as brakes on bikes, they will be performing body marking with the athletes race number and checking the helment for the proper safety codes. We will have volunteers at the swim course who will be lifeguards around the lake as well as in kayaks for the swim portion of the race. other volunteers will be at the swim exit helping nannla nut of fha ,star Wa will haves iinliinfaare efaffinn wa ter vnri nafnraria tahlac alar tha rnurca than will ha hanriinn afhlatac fl,,iric Describe your plans for notifying residents and businesses whose traffic patterns and operations are affected by your Special Event. We have an agreement with Shadow Creek Ranch to place updates in their community news bulletins, papers, website and social networking sites like face book. We will send out press releases to the local papers 2 -3 weeks prior to the event date to notify residents of the event date and time. We also plan to communicate with phone calls to each of the business' along the bike course. Outline your plans for marketing and promoting your Special Event, include information on all media and other sources of promotion. dedicated shadow creek ranch triathlon website, social networking sites like face book and twitter, registration websites such as active.com or eztoregister.com, shadow creek ranch website and news letters. We may purchase a radio schedule but that is TBD. The racing community is a very viral community, they find the events, there is not a major need to spend marketing dollars on TV, RADIO and print campaigns. Liability Insurance Information A Certificate of Insurance for this Event must be presented to the City of Pearland (c /o Recreation Superintendent) no later than 15 calendar days prior to the Start Date of the Event. If the information requested below is not available when this Application is submitted, it can be added later, but not later than the 15 day deadline previously noted. Insurance Agency Business Phone Address Effective 9 25 08 USA Triathlon (Liberty Mutual) TBD Policy TBD Agent's Name City City of Pearland Spedal Event Permit Application TBD Policy Limits TBD Statel z p Page 4 of 6 Indemnity Agreement: Shadow Creek Ranch Triathlon In consideration for the City of Pearland granting the undersigned Event Organizer representative permission to hold the proposed event on public property and to display, sell or offer for sale wares, services, and /or food or merchandise within the perimeters of their event venue, the undersigned agrees to assume the defense of and indemnify and save harmless the City, it's employees, offices and agents against any and all claims, liabilities, judgements, costs. causes of action, damages. expenses, and shall pay all attorney's fees, court costs and other costs incurred in defending such claims, which may accrue against, be charged to, be recovered from or sought to be removed from the City, its employees, officers and agents by reason of or on account of any personal injury or death or damage to property arising from the undersigned's event and associated activities, if such personal injury or death or damage of property is caused by the acts or omissions or negligence of the undersigned, or the undersigned's employees and agents or by such acts, omissions or negligence of any other person subject to the undersigned's control. The City, its employees, officers and agents shall not have to give the undersigned any specific types of notice of such claims. Witness the following signature (Event Organizer signature): Troika Promotions Bryan Colette Kraham Witnessed by: (Signature) Affidavit of Applicant: Shadow Creek Ranch Triathlon I certify that the information contained in this Special Event Permit Application is true and correct to the best of my knowledge and belief, that I understand, and agree to abide by the all regulations, provisions and rules governing Special Events as set forth by the City of Pearland. That I understand that this Application is made subject to the rules and regulations established by the Pearland City Council. I agree to abide by these rules and further certify that, on behalf of the organization, I am authorized to commit that organization, and therefore agree to be financially responsible for any cost and fees that may be incurred by or on behalf of the Event to the City of Pearland. Applicant Bryan Colette Kraham Title (Print of type) Founder and President Signature of Applicant (Event Organizer) Date of Application A signed hard copy of the Indemnity Agreement and Affidavit of Applicant portions of this Special Event Permit Application must be provided to the City before an Application will be considered fully executed. Submit a hard copy and an electronic version (either email or disk) of this Special Event Permit Application to Colene Cabezas, Recreation Superintendent, City of Pearland Parks Recreation. Phone: 281 652 -1819 Pearland Parks Recreation 2947 Broadway, Pearland, TX 77581 Fax: 281 412 -2659 Email: ccabezas @ci.pearland.tx.us Effective 4 -25 -08 City of Pear land Special Event Permit Application Page 5 of 6 E 0 Route•• a Log Workout 5 Tools w Settings a Help 111 I tap TYpe:I Street_iap ell On Main:±[] Online ❑ t` Community if Ra . i arsresatn.a i i ,, ;� f dirt, / e - ' SWIM COURSE p -i ^ f i, - C 8' O m ', C c 4 C r - t Qj r r ' r" ?� o : / F 44 ' e::: k 4 ,_c, , : 4e ` +Bt' ' Y r am..-- iy "rA c. d s rr- 1 e' ,-r77-71:-/- ',../'-f.- --4.,i ' (1'�vie Search _ -?,-.tom-- -------',_.:.- :- "'`rt'�.."w \��R, i ..__ -^ _ _ ' ,rr`T i < Vaa data'• rogressive nsuran a 1- 'illiii .'4Cco'.t. A..4,,,„ O b2234 Q ` �: Ft a, C i J 1 4 1 T'lin course yr m u' , U` yr +i Ctei^Ni-,;D &o St, I e'.'tie:I"--4-'14 0,„., . .- 7 t , 46 I Q U i 4 a° fiat Shadow ., +l . reels Ranch /i' cg a C`°*+0, Si., Qw C rB(a Sf m Ot �r. a°y c_ 4•v a _ This run course is contingent upon a safe crossing of the bayou by 521 at mile 1.if that is not the case,the course would simply go out along the bayou and uturn back towards trinity bay drive,then heading back towards the 521 on the opposite side of the bayou and making a left turn heading towards arcadia bay drive trail. FINAL SHADOW CREEK RANCH BIKE COURSE TWO LOOP OUT AND BACK Start at trinity bay pool. Head south/southeast on Trinity bay drive to Kingsley Drive. Turn right on Kingsley heading south to West Broadway. Turn left onto Broadway heading east. East on Broadway to Business Center Drive,then U-turn back on the same route. Riders will do this route two times for the 14 mile minimum course. This new course keeps riders off of Shadow Creek Ranch Parkway. .e. .!. • -.. .40 dku Business On Main: az�a�v l - �y- Online Community 4 I/i ‘t Shadow Crrek Pkv� r Y P IrIIQ• ` y a R 9'n r U Oro i•'1• - �� 4 '-y+ ; .{ y.. I +' (4 -. <`-C ' torn 0. .. , r 5hadaw ,S. r :Y t Z Tr ' r,,„ i'\,...c1::: kt it - --) , ( tip_ 4,' , .0 ,. L !L V .r 4 I.... ':. • 0 , 1 ,..1.-,-!,-7-7,-0 c„ ,---,-- „,--- ,......., dw3y St W Broadway St---- 1 , -- . i t t� c_v 0 , Ae, Shadow Creek Ranch Run Course: The run course is a 3.23 mile course.This run course will follow the sidewalk along the side of Trinity Bay Drive,then turns right onto Biscayne Bay Drive sidewalk,then another right onto the sidewalk of Windward Bay Drive,then turns left on to the hike and bike trail behind the neighborhoods,crossing Arcadia Bay and looping back to Trinity Bay. 01 Jr xG Shad' Creek Ra. ►` = j s— Ca ORDINANCE NO. 1348 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 20, OFFENSES AND MISCELLANEOUS PROVISIONS, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO ADOPT A NEW ARTICLE VI, ENTITLED SPECIAL EVENTS; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; AND PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That Chapter 20, Offenses and Miscellaneous Provisions, is hereby amended to ADD Article VI, entitled Special Events, to read as follows: "ARTICLE VI. SPECIAL EVENTS Sec. 20-90. Special events policy adopted; amendments. The Special Events policy attached to this adoption ordinance is hereby adopted and incorporated herein by reference, and a true and correct copy of said policy is filed in the office of the city secretary. Said policy may be, from time to time, amended by the City Council by resolution, and said amendments shall be effective upon the filing the amended policy in the office of the city secretary with a certified copy of the resolution adopting said amendments. Sec. 20-91. Penalties. (a) A person who violates any provision of the Special Events policy adopted pursuant to this Article shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed five hundred dollars ($500.00). Each day of violation shall constitute a separate offense. (b) In prosecutions under this section, no culpable mental state shall be required to be alleged or proven. Secs. 20-92-20-99. Reserved." ORDINANCE NO. 1348 Section 2. Savings. All rights and remedies which have accrued in favor of the City under this Ordinance and amendments thereto shall be and are preserved for the benefit of the City. Section 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise unenforceable by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 4. Repealer. All ordinances and parts of ordinances in conflict herewith are hereby repealed but only to the extent of such conflict. Section 5. Codification. It is the intent of the City Council of the City of Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's official Code of Ordinances as provided hereinabove. Section 6. Effective Date. The City Secretary shall cause this Ordinance, or its caption and penalty, to be published in the official newspaper of the City of Pearland, upon passage of such Ordinance. The Ordinance shall then become effective ten (10) days after publication. PASSED and APPROVED on FIRST READING this the 24th day of March, A.D., 2008. RiA-0(7_ TOM REID MAYOR 2 ORDINANCE NO. 1348 ATTEST: „ ...NRiA/7-, UN O140(di =�.;,.. " ../C ITY S CRETARY PASSED and APPROVED on SECOND and FINAL READING this the 14th day of April, A.D., 2008. c==-)arn 1 TOM REID MAYOR VOTING RECORD SECOND AND FINAL READING ATTEST: APRIL 14,2008 Voting"Aye"-Councilmembers Owens,Beckman,Saboe, it �' LANLNt", . ••4 •,C7` and Cole. tX UN , if C --. '• r A ? Voting"No"— None. TY CRETA~Y Motion passed 4 to 0,with Councilmember Kyle absent. PUBLICATION DATE: April 16,2008 APPROVED AS TO FORM: EFFECTIVE DATE: April 25,2008 /1 ` it ^�_f/� - PUBLISHED AS REQUIRED BY SECTION 3.10 OF ,��)\ !1 THE CHARTER OF THE CITY OF PEARLAND.TEXAS DARRIN M. COKER CITY ATTORNEY 3 Exhibit Ordinance No. 1348 Table of Contents I.PURPOSE 2 II.DEFINITIONS 2 III.DELEGATION OF CITY MANAGER'S AUTHORITY 3 IV.APPLICATION FOR PERMITS 3 A. SPECIAL EVENT PERMIT REQUIRED 4 B. EXEMPTIONS TO SPECIAL EVENT PERMIT REQUIREMENTS 4 C. APPLICATION DEADLINES 5 D. APPLICATION FEE 5 E. WHEN APPLICATION IS DEEMED FILED 5 F. INDEMNIFICATION AND REIMBURSEMENT AGREEMENT 5 G. PAYMENT OF CITY SERVICES 5 H SECURITY DEPOSIT 5 I. INSURANCE 6 J. PERMITS NOT TRANSFERABLE 6 K. ORDER 6 L. AMENDMENT OR REVISION OF APPLICATION 6 M.CONDITIONAL APPROVAL 6 N. SPECIAL EVENT PERMIT APPLICATION REVIEW 7 O.WRITTEN NOTICE OF APPROVAL OR DENIAL 7 P. NOTICE OF EXTENDED REVIEW OR DENIAL OF PERMIT 7 Q. CONTENTS OF NOTICE;GROUNDS FOR DENIAL 7 R. WRITTEN ESTIMATE OF CITY SERVICES COSTS 9 S. WRITTEN POST-EVENT REVIEW 9 V.PROCEDURES FOR REVIEW 9 A. REVIEW BY CITY 9 B. FORM OF APPEAL 9 VI.PROVISION OF CITY SERVICES FOR SPECIAL EVENTS 9 VII.USE OF CITY LOGO OR NAME 10 VIII.REVOCATION OF SPECIAL EVENT PERMIT 10 IX.COST RECOVERY FOR SPECIAL EVENTS 10 X.REVENUE SHARING FOR SPECIAL EVENTS 11 XI.EFFECT OF RECEIPT OF DONATIONS ON STATUS OF TAX-EXEMPT NON-PROFIT ORGANIZATIONS 11 XII.SPECIAL EVENT RIGHT OF FIRST REFUSAL 11 XIII.ALCOHOLIC BEVERAGES AT SPECIAL EVENTS 11 I. Purpose It is the purpose of this policy to establish a process for permitting Special Events conducted on City streets, public property, public parks or facilities, or private property where it impacts public parking, City streets, City services and/or general health and safety. It is recognized that these Special Events enhance the Pearland lifestyle and provide benefits to the citizens through the creation of unique venues for expression and entertainment that are not normally provided as a part of governmental services. Additionally, it is recognized that Tax-exempt Non-profit Organizations that benefit the community are central to the quality of life in Pearland and that they often develop through their Special Events the resources to provide essential services to the citizens of the City of Pearland. It is further intended to provide coordinated policies for the regulation of certain activities to be conducted in conjunction with Special Events, to ensure the health and safety of patrons of Special Events, to prohibit illegal activity from occurring within Special Event Venues, and to protect the rights and interests granted a Special Event Permit holder. It is also further intended to create an awareness of certain codes that are normally overlooked by planners of events (Special Events or small events not explicitly regulated by this ordinance). It is also the intent of the City of Pearland to protect the rights of its citizens to engage in protected free speech expression activities and yet allow for the least restrictive and reasonable, time, place and manner regulation of those activities within the overall context of rationally regulating Special Events that have an impact upon public facilities and services. II. Definitions As used in this policy: "Special Event" means an activity with duration of less than 30 days that meets one of the following: A. Is considered a parade, circus, march, or similar activity; B. Is anticipated to have over 1,500 people at one time or over 3,000 over the course of a day; C. Is conducted on, over, or through any State controlled roadway or City thoroughfare or collector street as shown on the City's Thoroughfare Plan; D. Affects four or more City facilities or services listed in (E)(5) listed below; or E. Meets at least three (3)of the following conditions: 1. Is or has an activity component that is regulated by the City's animal related codes (excluding domestic household pets and related regulations such as leash laws, licensing, vaccinations, and other domestic animal codes, but includes the sale, showing, and/or use of domestic household pets for entertainment) and/or health related codes including, but not limited to food prepared on site, sale of food not pre-packaged, rodent control, toilet facilities, and solid waste control; 2. Involves the sale of alcohol or requires a special permit from the Texas Alcoholic Beverage Commission (TABC); 3. Involves the erection of temporary structures including tents valued over $300.00 dollars or 200 square feet in size; 4. Requires temporary addition of electricity with the use of generators, t-poles, or extension of lines other than normal and proper use of household extension cords; or 5. Requires the use of or impacts City facilities or services over and above normal use for that property in its current condition and activity including but not limited Revised Mar.2008 Special Events Policy Page 2 of 12 to parks; streets; rights-of-ways; sidewalks; vacant land; City crews; water from a fire hydrant; use or need for City equipment or supplies; security, traffic or crowd control by police; and attendance, attention or standby of emergency personnel - medical or fire personnel or equipment. "Commercial Special Event" means any Special Event organized and conducted by any person, organization or company that does not qualify as a Tax-exempt Non-profit Organization or governmental agency. "Non-Commercial Special Event" means any Special Event organized and conducted by a person, organization or company that qualifies as a Tax-exempt Non-profit Organization. "City-Sponsored Special Event" means any Special Event directly organized and conducted by the City of Pearland or any Special Event organized by a Non-Commercial Event Organizer that the City has elected to support through appropriation of funds within the City's budget. "City-Sanctioned Special Event" means any Special Event approved to receive funding, receive in-kind City services, or receives acknowledgement as supported by City Council. "Event Organizer" means any person, organization or company, who conducts, managers, promotes, organizes, aids or solicits attendance at a Special Event. "Fees" means charges to Event Organizers for City Services, venue usage and permits. "City Services" means those services provided by the City that are required and/or necessary for event production. "Cost Recover" means direct payment by an Event Organizer to the City in compensation for the direct costs of City Services incurred during the Special Event. "Public Property" means street, R.O.W., land, owned fee simple or dedicated to the City by plat or other instrument and controlled by the City. "Special Event Permit" means a permit issued by the City which authorizes the use of a public property, park or facility for a Special Event. "Special Event Venue or Event Venue" means that area for which a Special Event Permit has been issued. "Street" means the entire width between property lines when any part thereof is open to the use of the public, as a matter of right, for the purpose of vehicular traffic. "Tax-exempt Non-profit Organization" means an organization that is exempted from payment of income taxes by federal or state law. "Vendor" means any Person who sells or offers to sell any goods, food, or beverages within a Special Event Revenue. "Gross Revenues" means the sum of all revenues received by an Event Organizer for a Special Event, including, but not limited to, cash receipts, licensing, sponsorships, advertising and similar revenues, and concessions. Ill. Delegation of City Manager's Authority The City Manager hereby delegates all duties and obligations of this policy to the Director of Parks & Recreation, who shall be responsible for its administration, except where otherwise specified. IV.Application for Permits Revised Mar.2008 Special Events Policy Page 3 of 12 A. Special Event Permit Required 1. For any person, organization or company to conduct, promote, manage, aid, or solicit attendance at a Special Event, the person, organization or company shall obtain a Special Event Permit from the City of Pearland. 2. The City is authorized to: a. Issue permits for Special Events occurring within the City limits pursuant to the procedures established by the City; b. Determine the Special Event Venue; and c. Set reasonable boundaries for the Special Event Venue, balancing the Special Event requirements and public health, safety, and welfare. 3. Applications must address the following if applicable: a. Planning: Signs on and off premise and banners (in some circumstances must be permitted, but all are regulated). Address understanding of the requirements including, but not limited to, setback or spacing from residential property, the handling of parking off-site, number of spaces required, and restroom facilities. b. Building department: Tent(information on the tents structural performance to include, but not limited to wind load, material, size, and value.), water sources and back flow preventers, electrical (if t-pole is to be used a permit will be required. If within one hundred feet of distribution line, electrical power should be on a t-pole and not sourced from generators. Need to see how equipment is wired—inspections. If a generator is to be used, the fire marshal is should be consulted). Health codes for food vendors and port a potties. c. Public Works: Need for water and temporary meter for use of hydrant, plan to prevent mud or dirt from being tracked onto City streets. If the City is participating or certain City items are needed, applicant needs to identify the type of items that would be needed by the City and other relevant information that the City would supply. If the City is not participating, the use of City services or equipment is limited. d. Fire Marshal: Safety plan, tent(number of people it can hold, number of exits, material, use of flames or fire-prohibited within tent), placement of facilities, control of combustibles, pyrotechnics placement and distance, location of fire hydrants, accessibility for emergency vehicles, placement of electrical cords, and other occupancy and fire risk factors. e. Police: Parking configuration (off-site or on-site), crowd control, crossing of streets by pedestrians, traffic control, background checks on employees, alcohol sales (require police officers). f. Animal Control: Need FDA approval, location and clean up of manure, spacing from residential property and restaurants, housing of animals and the type of surface, restraining methods including equipment and personnel. B. Exemptions to Special Event Permit Requirements 1. The following activities are exempt from the Special Event Permit requirement: a. Funeral processions by a licensed mortuary; b. School related functions where the event is contained within the school's property boundary and it does not occupy more than 25% of the available parking area for non-parking related activities; or c. An event held within a single building or structure where the occupancy limit is not exceeded at any one time by the event and no parking is expanded beyond the property. Revised Mar.2008 Special Events Policy Page 4 of 12 2. Although not required to obtain a Special Event Permit, an Event Organizer of an activity exempted pursuant to (1)above is required to comply with all regulations established by the City for the intended public property, park or facility; contract and coordinate the use of the public property, park or facility with the authorized managing City agency; and comply with all codes and regulations governing public safety or health including but not limited to, health codes, building codes, fire codes, permits for sale of food, tent permits, sign permits, and state traffic regulations. C. Application Deadlines 1. Any person, organization or company seeking the issuance of a Special Event Permit shall apply by filing a completed Special Event Permit Application with the City not less than sixty(60) calendar days, nor more than two (2) years, before the proposed Special Event date(s), unless (2) below applies. 2. Special Events that already have permits from other agencies, do not require the closing of City thoroughfares or collector streets or involve TxDoT roadways, and anticipate less than 300 people may submit an application thirty days in advance. D. Application Fee No Special Event Permit Application shall be considered until the applicant has paid a $50.00 application fee. No refund of the application fee will be made unless the Event Venue is altered or changed in such a manner as to make the proposed Event Venue unsuitable for the proposed event. The City is not responsible for any costs incurred by the Event Organizer if such site changes and/or alterations do occur. E. When Application is Deemed Filed A Special Event Permit Application is deemed filed when the applicant has provided all of the information required and requested on the Special Event Permit Application and the City has accepted the application for filing and collected the application fee. F. Indemnification and Reimbursement Agreement No Special Event Permit shall be granted unless the applicant has executed an indemnification and reimbursement agreement with the City, on a form prescribed by the City, to reimburse the City for any costs incurred by the City and to indemnify the City from any liability in the connection with the permitted Special Event caused by the action of the permittee or Event Organizer. G. Payment of City Services Unless otherwise indicated by the City, if applicable, the City will invoice the Event Organizer following the conclusion of the Event for the cost of City Services provided for the Event. The Event Organizer must pay all invoices within thirty(30)calendar days; thereafter, applicable late fees will apply. H. Security Deposit The City may require an Event Organizer to prepay, in the form of a security deposit, a portion or all of the estimated costs of City Services for the proposed Special Event. The applicant will be notified of the Security Deposit requirement at the time of official response from the City to the Special Event Permit Application. A Security Deposit must be paid no later than twenty(20)calendar days prior to the start of the proposed Special Event. The City reserves the right to revoke a Special Event Permit for non-payment of a Revised Mar.2008 Special Events Policy Page 5 of 12 required Security Deposit. A Security Deposit may be required at the City's discretion when: 1. The Event Organizer has never before hosted a Special Event within the City of Pearland. 2. The Event Organizer is not a resident of Pearland or is not a business located within Pearland. 3. The person applying as the Event Organizer is not doing so on behalf of a legal corporation. 4. The City believes there may be some reason it will have difficulty being reimbursed for its costs after the Special Event. 5. The size of the Special Event may create an undue expense on the City. 6. The event may result in damage to City property, require police or City traffic control personnel, use of City equipment, or any other action that may pose a cost exposure to the City. I. Insurance The applicant shall procure and maintain at all times during its use of the Event Venue, insurance in such amounts and with such coverage as shall reasonably be required by the City and shall name the"City of Pearland, its officers, officials, employees and agents" as an additional insured thereunder. The City of Pearland, based upon the nature of the activity and the risk involved, shall determine the amounts and type of insurance required. The City may require the insurance to cover all or certain parties involved in the event. The applicant shall provide the City with a certificate from an insurer evidencing such coverage no later than fifteen (15) calendar days prior to applicant's use of the Event Venue. The certificate shall also provide that the insurer shall give the City reasonable advance notice of any change to the insurance coverage provided. J. Permits Not Transferable No Special Event Permit or conditional approval may be transferred. K. Order Special Event Permit Applications shall be considered and processed in order of receipt by the City. The use of a particular public Event Venue or part thereof shall be allocated in order of receipt of fully completed applications accompanied by the application fee. L. Amendment or Revision of Application Any amendment or revision of a Special Event Permit Application shall, for purposes of determining its order of priority, relate back to the original filing date. However, the time in which the City shall grant or deny the application for the permit and serve notice of such granting or denial shall be computed from the date of the amendment or revision. No amendment or revision of a Special Event Permit Application, except those related solely to minor venue layout changes or other minor event logistics, will be accepted within sixty (60) calendar days from the start of the proposed Special Event. M. Conditional Approval 1. Special Event Permit Applications which require insurance approval(s), security deposit payment or permits from other governmental entities, or compliance with other terms or conditions, will be reviewed and, if the application otherwise conforms to all other requirements, a conditional approval will be issued. If, within the time prescribed by the City, any required fee or security deposit is not paid, or Revised Mar.2008 Special Events Policy Page 6 of 12 an insurance certificate evidencing the requisite insurance is not filed with the City, or approval or permit of other governmental entities has not been received, or the other terms and conditions have not been met, the conditional approval will automatically expire, the application for permit will be deemed denied. In such instances, the City will make no refund of the application fee. 2. In the case of a Special Event meeting the criteria under Sec. II (B) or(C), only the City Council may grant approval after review by staff and confirmation that all requirements of this policy are met. The City Council may deem the event inappropriate, but does not have to provide a reason for denial of a Special Event Permit. There shall be no appeal of a permit denial by City Council. N. Special Event Permit Application Review All Special Event Permit Applications are subject to review by the City. Event Organizers may be requested to meet with City representatives to review event plans, layout and all other event logistics prior to the official decision and notification of approval or denial of the Event's application. O. Written Notice of Approval or Denial Applicant will be notified within thirty(30) calendar days of the date on which a Special Event Permit application is fully completed and filed with the City for approval or denial unless the application was submitted in accordance with Section IV(C)(2) above. If submitted in accordance with Section IV(C) (2) above, then the City shall respond within 15 days. However, the City may extend the period of review for up to an additional fifteen (15) days by issuance of a written notice of extension. P. Notice of Extended Review or Denial of Permit Written notice of denial or notice of extension shall be served on the applicant by personal delivery, or by United States mail to the name and address set forth on the application for permit. Q. Contents of Notice; Grounds for Denial 1. Notice of denial of a Special Event Permit Application shall clearly set forth the grounds upon which the permit was denied and, where feasible, shall contain a proposal by the City for measures by which the applicant may supply additional information or amend their original application to accommodate permit approval. In the event a prior application for the same time and/or venue has been filed, and a permit has been or will be granted, the City shall propose an alternative venue, if available for the same time, or an alternative time, if available for the same venue. 2. The City may deny a Special Event Permit Application if the applicant or the person on whose behalf the application was made has on a prior occasion made material misrepresentations regarding the nature or scope of an event or activity previously permitted or has violated the terms of a prior Special Event Permit issued on behalf of the applicant. The City may also deny a Special Event Permit Application for the following reasons: a. The application (including required attachments and submissions) is not fully completed; Revised Mar.2008 Special Events Policy Page 7 of 12 b. The applicant has not tendered the required application fee or has not tendered the required user fee, indemnification agreement, insurance certificate, or security deposit within the deadlines prescribed by the City; c. The application contains a material falsehood or misrepresentation; d. The applicant is legally incompetent to contract or to sue and be sued; e. The applicant or person on whose behalf the application was made has on prior occasion damaged a public property, park or facility and has not paid in full for such damage, or has other outstanding and unpaid debts to the City; f. A Special Event Permit Application for the same time and venue has been received, and a permit has been or will be granted to a prior applicant authorizing uses or activities which do not reasonably permit multiple occupancy of the particular public property; g. The use or activity intended by the applicant would violate the terms of the City's Special Event Exclusivity granted a prior applicant that has been or will be granted approval; h. The applicant requests use of an Event Venue that is unavailable based on the City's Right of First Refusal policy; i. The proposed use or activity would conflict with previously planned programs, projects, activities or events organized and conducted by the City; j. The proposed use or activity is prohibited by or unsuitable for the uses of the Event Venue; k. The proposed use or activity would present an unreasonable danger to the health or safety of the applicant, or other users of the public property, park or facility, of City personnel, or of the public; I. The applicant has not complied or cannot comply with applicable licensure requirements, fees, taxes, ordinances or regulations of the City; m. The proposed use or activity is prohibited by law, by City Code or ordinance, or by the regulations of the venue's governing public agency; n. Due to limited resources and personnel capacity, the City is not able to provide the required or requested resources and/or personnel for the proposed Special Event, or has committed those resources and/or personnel within a similar time frame to a prior applicant; o. The proposed use or activity will substantially interrupt public transportation or other vehicular and pedestrian traffic in the area of its route; p. The proposed use or activity would cause an unresolvable conflict with construction or development in the public right-of-way or at a public facility; q. The proposed use or activity will have unmitigatable adverse impact upon residential or business access and traffic circulation in the vicinity of the Event Venue; r. The applicant has not provided sufficient off-site parking or shuttle service, or both, required to minimize any substantial adverse impacts on general parking and traffic circulation in the vicinity of the event; s. The applicant did not appropriately address problems or concerns provided in a previously provided post-event review for a previous Special Event by the organization or organizer; t. The proposed Special Event would, in the reasonable judgment of the City, have an unmitigatable adverse impact on the health, safety, and welfare of the residents of the City. Revised Mar.2008 Special Events Policy Page 8 of 12 R. Written Estimate of City Services Costs Within forty-five(45) calendar days of the date on which a Special Event Permit Application is fully completed and filed with the City, the Event Organizer will be provided an estimate of the costs of City Services and an outline of the scope of those City Services to be scheduled and employed at the event. The estimated cost of City Services will be based on information provided by the Event Organizer and the best estimates of City staff. The actual costs may vary based on unforeseen factors prior to and during the event and/or changes and deviations from the information within the original Special Event Permit Application. S. Written Post-Event Review Within 60 (sixty)calendar days from the completion of a Special Event, the City will provide the Event Organizer a written review of items and/or concerns related to their Event that may negatively influence the Event Organizer's ability to obtain future Special Event Permits. This review is intended to provide the Event Organizer ample opportunity to address, plan and implement corrective measures prior to filing for a future Special Event Permit. V. Procedures for Appeal A. Review by City 1. An Event Organizer may within seven (7)calendar days of official notification by the City, file a written appeal to the City Council if: a. A Special Event Permit Application has been denied. b. A specific City requirement or restriction outlined in an approved or conditionally approved Special Event Permit is considered to be unreasonable. This does not include requests by Event Organizers that fees for City Services be waived or discounted. 2. The City Council shall have fifteen (15)calendar days from the date on which the appeal was received in which to notify the applicant that the appeal has been affirmed, modified or reversed. 3. Such notice shall be deemed served upon the applicant or permitee when it is personally delivered or sent by United States mail to the name and address set forth on the application permit. 4. In the case where a revocation occurred within thirty(30)days of the event the City Manager shall hear all appeals and provide notice within fifteen (15)calendar days. When an appeal is requested within fifteen (15) calendar days of an event the City Manager may provide a response verbally and immediately. B. Form of Appeal Any appeal filed pursuant to this policy shall state succinctly the grounds upon which it is asserted that the determination should be modified or reversed and shall be accompanied by copies of the Special Event Permit Application, the written notice of the determination of the original application or request, and any other papers or documentation material to the determination. VI. Provision of City Services for Special Events Revised Mar.2008 Special Events Policy Page 9 of 12 A. The City may provide services for a Commercial or Non-Commercial Special Event, if provisions are made with the Event Organizer for Cost Recovery or Revenue Sharing, or both. B. The City may provide services in direct support of a City-Sanctioned Special Event. Such support will be in the form of relief from all or a portion of City Services costs. C. The City may provide services in direct support of a City-Sponsored Special Event, if the funds to offset City Services costs are within budget limitations of the City and if the City Manager finds that a public purpose will be served. VII. Use of City Logo or Name Prior authorization from the City Manager is required for an Event Organizer to use the words, "The City of Pearland" or"City of Pearland"or a facsimile of the official logo of the City of Pearland, in the title and/or promotional materials of a Special Event. VIII. Revocation of Special Event Permit A. A Special Event Permit may be revoked if the City staff determines: 1. An Event cannot be conducted without violating the standards or conditions of the Special Event Permit. 2. An Event is being conducted in violation of any condition of the Special Event Permit. 3. An Event poses a threat to public health or safety. 4. An Event Organizer or any person associated with the Event has failed to obtain any other permit required pursuant to this policy. 5. A Special Event Permit was issued in error or contrary to law. B. Except as provided in Item (3) below, notices of revocation shall be in writing and specifically set forth the reasons for such action. C. If there is an emergency requiring immediate revocation of a Special Event Permit, the City may notify the permit holder verbally as in the case where the reason for revocation was determined during the event or within fifteen (15) days of the event. D. An appeal from a revocation shall be handled in the same manner and under the same time requirements as denials of Special Event Permit Applications. (See Section V above) IX. Cost Recovery for Special Events A The City shall charge all Special Events for the actual cost of City Services. B. If a Special Event is conducted without a Special Event Permit when one is required, or an Event is conducted in violation of the terms of an issued Special Event Permit, the Event Organizer shall be responsible for, and the City shall charge the Event Organizer the cost of all City Services and the event organizer shall be subject to penalties as provided by law. Revised Mar.2008 Special Events Policy Page 10 of 12 X. Effect of Receipt of Donations on Status of tax-exempt Non-Profit Organizations A tax exempt non-profit Organization sponsoring a Non-Commercial Special Event may acknowledge the receipt of cash or in-kind services or goods, donations, prizes or other consideration from for-profit organizations without causing the Event to be considered a Commercial Special Event. Such acknowledgment may include use of the name, trademark, service mark or logo of such a for-profit organization in the name or title of the Event or the prominent appearance of the same in advertising or on collateral material associated with the Event. Xl. Other Permits and Licenses A. The issuance of a Special Event Permit does not relieve any Event Organizer or person from the obligation to obtain any other permit or license required pursuant to City Code. B. The issuance of any other permit or license issued pursuant to City Code does not relieve any Event Organizer from the obligation to obtain a Special Event Permit pursuant to this policy. XII. Special Event Right of First Refusal An Event Organizer will be granted the first option for the same or similar date(e.g. third Saturday in a specific month) during the following year for hosting a similar Event. This right of first refusal is not transferable to another Event Organizer and expires sixty(60)days from the conclusion of the initial Special Event. XIII. Alcoholic Beverages at Special Events The following guidelines are for all Special Events that include serving of alcoholic beverages. The purpose of this policy is to: (1)ensure public safety; (2) prevent underage possession of alcohol; (3) prevent under-age consumption; (4) ensure adequate observation to help prevent intoxication; and (5) ensure compliance with Texas Alcoholic Beverage Commission regulations. A. Serving and consumption of beer and/or wine only, is permitted at Special Events held on the following City-owned Event Venues 1. Parks 2. Community Center 3. City Hall grounds, but not within the building, 4. Westside Event Center B. Any Special Event held on City property serving beer and/or wine shall have a defined area for serving and consuming beer and/or wine. This defined area, referred to as a Beer/Wine Garden, and may include a portion of or the entire Event Venue. C. The Event Organizer must obtain the appropriate license from the Texas Alcoholic Beverage Commission. Revised Mar.2008 Special Events Policy Page 11 of 12 D. All Beer/Wine Gardens will have City of Pearland law enforcement officers present during the serving and consuming of beer and/or wine. The City will determine the number of City law enforcement personnel required. E. All Special Events approved to sell beer and/or wine must provide, prior to the Event, training for the frontline event staff and volunteers responsible for selling and serving beer and/or wine. F. All event volunteers and staff members engaged in any aspect of serving beer and/or wine(which includes but is not limited to checking ID's, arm banding, ticket sales, serving and monitoring)are prohibited from consuming alcohol during the event. This includes any server who completes their shift and is requested to return to duty. G. The Applicant of the TABC, or the Event Supervisor in charge, must be present at the Event Venue during the entire event. The City requires that every event organizer clearly display the name or names of their event's Event Supervisor(s)in the Beer/Wine Garden during the entire Event. H. The Event Organizer is solely responsibility for assuring that the Beer/Wine Garden is properly supervised and that its event staff has been properly trained to serve such beverages as well as understands that it is against the law of the State of Texas to sell alcoholic beverages to anyone who is less than twenty-one years of age, to anyone that the server knows, or has reason to believe, is intoxicated, or to anyone who has been forbidden to possess alcohol by a court of competent jurisdiction. The Event Organizer is responsible for advising the servers that they could face criminal charges for serving alcohol to any above-described person. I. The Event Organizer must implement a system of identification and distribution as approved by the TABC that effectively monitors the consumption of each event attendee. J. Serving of beer and/or wine shall not extend beyond 12:00am for any Special Event. K. The City of Pearland reserves the right to deny, cease or restrict, in any manner deemed appropriate, either prior to or during a Special Event the serving or consumption of beer and/or wine. Factors governing this decision will include, but are not limited to: 1. Proposed Event Venue layout& site plan 2. Number of proposed beer and/or wine serving locations 3. Anticipated and/or actual number of event attendees 4. Nature of the event 5. History of the event 6. Duration of the event 7. The Event Organizer's ability to provide sufficient event staff 8. Ability of the event staff to monitor and control under-age consumption 9. Concern for public safety 10.Evidence of non-compliance with TABC. Revised Mar.2008 Special Events Policy Page 12 of 12 I have listed some comments below that have come in from the PPD, Planning Department, Animal Control, and Permitting. Please see comments from city personnel with responses from Troika Promotions. 1. Parking,that is often a rainy time of year, do they have a contingent plan for parking other than in the grass? A possible 1,200 people parking along the streets in SCR would be a problem.July in Houston has an average rainfall of 3.6 inches, it is in the lower third of months in terms of total rainfall. source: http://www.cityrating.com/cityweather.asp?city=Houston With that being said,there are preliminary plans to park at the middle school off of SCR Pkway and shuttle people over 2. The"beer"being offered is a concern due to families, management of it, licensing, etc. I can understand this issue,if this is a deal breaker,we do not have of have beer. Typically at these events, it is 90%people 21 and over and the beer is not something that a triathlete typically consumes after a race. It is typically there simply for sponsor presence. no one under 21 would be allowed in the beer tent area 3. What type of signage will be used and where will the signs be located. all temporary signage that shows direction of the course such as arrow signs or"turn in 100 feet" sort of thing. They would be similar to political campaign signs and would be collected when the race course is being cleaned up. At the sponsor area, each of their tents may have a banner style sign attached to it. We would like to rent one or two LED road sign systems that just shows where to turn to park for the early morning. 4. As Animal Control on the event it looks great. My concern would be native wildlife that could endanger the swimmers.We have no reports of Alligators in Shadow Creek at this time and they normally hire a state approved trapper for removal. Just a thought for you. if an animal was to come to the course location,we would ask the state trapper,but as mentioned,there has not been a report of one to date,we have not heard of any venomous snakes as well. 5. PD has requested for a safety plan to be provided and has spoken with Troika promotions on several occasions. A safety plan has been provided and approved by Chad Randal: Attached is Bryan's safety plan. I have added comments in red. As he has it written, I am fine with it, he did miss one retail entry/exit to the Denny's that will need to be covered. I think he has more officers than he needs, but as my concern would be too few, it is up to you if you want to pass along all of my notes. Regarding the cones, he is fine at one for every 30 feet. According to Danny Cameron, he thinks the standard is for 28 inch cones, but he said he is not sure...neither am I. As I've stated before, I have no issue if he wants to use officers from another jurisdiction, but I think that given some of the interactions with the public,he would be wise to utilize as many Pearland Officers as we could fill the positions with. My concern is people wanting to come out of their neighborhoods and being told by an HPD officer to wait or they can't exit at that time. If he uses outside officers(which would probably be required as I don't think we could fill that many slots), I would recommend they be at the major intersections where the motoring public is just seeing officers directing traffic,they don't usually pay attention to the agency. The extra job rate is$35 an hour for the officers. If he were to cancel the event more than 24 hours in advance, there is no charge. If he cancels with less than 24 hours notice, there is a minimum of 2 hour pay for each officer who signed up for the extra-job. By my estimation he would be looking at a minimum 27 police officers needed for traffic control along the bike route. 6. Provide a diagram/map of the staging area and show proposed location of stages/tents/portable bathrooms. See Belo\ . Tri club tents , • ~4(l Pnrtahla tnilatc � ) i O i1 44 ti Awards ceremony I., Sponsor tents44 '° k, p ®2010 Goa*-Imagery©2010 Houston-C,atvesion Area enlyakt taf..ye,U S .1'• .;*'1.j '' 0,44 -1— t "Zy Date and Time received: Analysis started NELAC Recognized Accreditation C Certificate# T104704253 Analysis Report The results contained in this report apply CITY OF HOUSTON only to the samples described below Health and Human Services Department Bureau of Laboratory Services Water& Dairy Laboratory 1115 S. Braeswood Houston, TX 770730 Submitter c. G,rn \L ,m Address Ici\g Cai �k v 6wr Account Number v - ¶)( `7 70-M Phone I Il•`D��.��i FAX 777C''tn V-ru'61nn J'jWl Email Description of Sample Lake cue Ar pv\ n.)'w. — G.1"kzJGw Grp IsC kArtin Date &Time of collection 77,17, \\ 1);0 Collected by \;;1. 16-6W\` Delivered by FIG4,0 V-4-Mp . , ' Received by Condition of Seals Analyst /d(2/f set u• read Lab Sample Number Cl2 E. cofi rng/L MPN/100 ml 11— 521 0 2-1 • Method performed: E.coil:IDEXX Colllert-18®-Quanti•Tray®/2000 Note: Data reported meets or exceeds all NELAC required QC criteria unless noted below Laboratory notes: Reported by �/� G �k'B`� � in Signatturc --- eda. l� .,r� Microbiologist (circle one) Page 1 01 1 Rev 02/11 :Texas Administrative Code Page 1 of 5 <<Prey Rule Texas Administrative Code Next Rule>> TITLE 30 ENVIRONMENTAL QUALITY PART I TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 307 TEXAS SURFACE WATER QUALITY STANDARDS RULE §307.7 Site-Specific Uses and Criteria (a)Uses and numerical criteria are established on a site-specific basis in Appendices A, B, D, E,F, and G of§307.10 of this title(relating to Appendices A- G). Site-specific uses and numerical criteria may also be applied to unclassified waters in accordance with §307.4 of this title(relating to General Criteria)and §307.5(c)of this title(relating to Antidegradation). Site-specific criteria apply specifically to substances attributed to waste discharges or human activity. Site-specific criteria do not apply to those instances when surface waters exceed criteria due to natural phenomena.The application of site- specific uses and criteria is described in §307.8 of this title(relating to the Application of Standards) and §307.9 of this title(relating to the Determination of Standards Attainment). (b)Appropriate uses and criteria for site-specific standards are defined as follows. (1) Recreation. Recreational use consists of four categories--primary contact recreation, secondary contact recreation 1, secondary contact recreation 2, and noncontact recreation waters. Classified segments are designated for primary contact recreation unless sufficient site-specific information demonstrates that elevated concentrations of indicator bacteria frequently occur due to sources of pollution that cannot be reasonably controlled by existing regulations,wildlife sources of bacteria are unavoidably high and there is limited aquatic recreational potential,or primary or secondary contact recreation is considered unsafe for other reasons such as ship or barge traffic. In a classified segment where contact recreation is considered unsafe for reasons unrelated to water quality, a designated use of noncontact recreation may be assigned either noncontact recreation criteria or criteria normally associated with primary contact recreation. A designation of primary or secondary contact recreation is not a guarantee that the water so designated is completely free of disease-causing organisms. Indicator bacteria, although not generally pathogenic, are indicative of potential contamination by feces of warm blooded animals. Recreational criteria are based on these indicator bacteria rather than direct measurements of pathogens. Criteria are expressed as the number of bacteria per 100 milliliters(ml) of water(in terms of colony forming units, most probable number,or other applicable reporting measures). Even where the concentration of indicator bacteria is less than the criteria for primary or secondary contact recreation, there is still some risk of contracting waterborne diseases. Additional guidelines on minimum data requirements and procedures for evaluating standards attainment are specified in the TCEQ Guidance for Assessing and Reporting Surface Water Quality in Texas, as amended. (A)Freshwater (i) Primary contact recreation. The geometric mean criterion for E. coli is 126 per 100 ml. In addition, the single sample criterion for E coli is 399 per 100 ml. (ii) Secondary contact recreation 1.The geometric mean criterion for E. coli is 630 per 100 ml. (iii) Secondary contact recreation 2.The geometric mean criterion for E. coli is 1,030 per 100 ml. (iv)Noncontact recreation.The geometric mean criterion for E. coli is 2,060 per 100 ml. ,>e±k.+PAla::.• t:4, '^.,"'.t l'I•l .Q" .� ... '9° T` r i`y" a 'w.cyv',• ;,c�y .•7 ;.rv+ ," AMI — Pearland Email:pearland@amilx,com—Web:www.amitx.com—12234 Shadow Creek Parkway,Suite 3112-.Pearland,Texas-77584—Phone:713.332.4675—Fax:7-13.332.4695 Association Management,Inc.dba AMI Houston/AMI Austin/AMI Kingwood/AMI Pearland/AMI The.Woodlands/AMI Louisiana April 18, 2011 City of Pearland Pearland City Council 3519 Liberty Dr, Pearland,TX 77581 City Council Members, On behalf of Shadow Creek Ranch Maintenance Association,Shadow Creek Ranch Commercial Owners Association,Inc.,Village of Emerald Bay Homeowners Association,Inc.,Village of Reflection Bay Homeowners Association, Inc.,Village of Biscayne Bay Homeowners Association, Inc.,Village of Diamond Bay Homeowners Association, Inc., Shadow Creek Ranch Development Company Limited Partnership,Shadow Creek Ranch, Inc.and Pelter Development Corp. We are writing you today to confirm that Bryan Kraham and his company;Troika Promotions LLC has been given permission to conduct a sprint distance triathlon at the Shadow Creek Ranch subdivision on Sunday July 17,2011.The event will be an annual event and this letter serves as our letter of consent for Troika Promotions LLC.Attached are copies of the Certificates of Insurance for your review. The Homeowners association,feels that this event will be an ideal opportunity to showcase Pearland as well as Shadow Creek Ranch. We would ask that the city council approve this event and we greatly appreciate anything the city council can do to expedite the,permitting process for this triathlon. Sincer ly, Maria Southall-Shaw, Managing Agent Shadow Creek Ranch 092P- FirstService A FirstService Residential Management Company Rnedmt4,l Management FORol(ehia 1rir.i;4 oe/ /ermi