San Benito County Municipal Code Art. IV Memorial Park Commission

A Memorial Park Commission is hereby established to consist of five members.

(1966 Code, § 2-19) (Ord. 167-1/2, § 4)

Editor’s note:

Ord. 167-1/2 from which the material in this article was derived was approved by the qualified electors of the county at a general election held on November 7, 1950.

The Memorial Park Commission shall consist of two members of the Board of Supervisors to be appointed by the Chairperson of the Board of Supervisors to hold office at pleasure of the Board, and one representative from each of the three veterans’ organizations of the county to be elected to the Memorial Park Commission by a vote of the membership of the Veterans’ Council of the county and to hold office at the pleasure of the organizations represented in the county’s Veterans’ Council.

(1966 Code, § 2-20) (Ord. 167-1/2, § 4)

The Memorial Park Commission shall have general supervision and control of the development, maintenance and management of the Veterans’ Memorial Park of the county, including the administration of all business affairs in connection therewith and the hiring and discharging of keepers, gardeners and other employees necessary or convenient for the proper management and care of the Veterans’ Memorial Park; and they shall have control over the disposition and expenditures of all money received from any source whatsoever in connection with the park including the disposition and expenditure of any funds, public or otherwise, that may be appropriated for the development, maintenance, repairs and management of the park. The Memorial Park Commission shall hold regular meetings for the transaction of business. The Memorial Park Commission shall submit a written report to the Board of Supervisors quarterly, at the first regular meeting of the Board of Supervisors in January, April, July and September.

(1966 Code, § 2-21) (Ord. 167-1/2, § 4)

The following described real property is accepted on behalf of the county as a living memorial to the veterans of the county upon the conditions, and for the purposes, set forth in this section.

(A) That certain real property situate in the county lying and being a portion of Homestead Lot 35 of the Rancho San Justo according to the map thereof recorded in Book 1 of Maps, San Benito County Records, and more particularly the parcels thereof described as follows:

(1) Parcel One. Beginning at a point in the center line of the Hillcrest Road distant thereon S. 87° 00' E. 18.115 chains from the corner common to Lots 26, 27, 34, and 35; thence, from such point of beginning S. 2° 21' W. 19.627 chains to an iron pipe; thence N. 87° 04' W. 10.193 chains to an iron pipe; thence N. 2° 21' E. 19.64 chains to a point in the center line of the Hillcrest Road; thence along such center line S. 87° 00' W. 10.193 chains to the point of beginning.

(2) Parcel Two. Beginning at a point in the westerly line of land of William F. Renz distant thereon N. 2° 55' E. 842.88 feet from the common corner to lands of said Renz and Loofbourrow in the center line of Sunnyslope Road at a point distant thereon S. 87° 00' E. 318.32 feet from the southwesterly corner of such Lot 35; thence from such point of beginning along the westerly line of such land of Renz N. 2° 55' E. 965.10 feet to the most northwesterly corner thereof; thence along the northerly line thereof S. 86° 32' E. 256.21 feet; thence along the easterly line thereof S. 2° 55' W. 965.10 feet; thence No. 86° 32' W. 256.21 feet to the point of beginning.

(3) Parcel Three. Beginning at a point in the center line of Sunnyslope Road at the corner common to lands of Wm. F. Renz and Loofbourrow and distant along such center line S. 87° 00' E. 318.32 feet from the most southwesterly corner of such Lot 35; thence along the line common to lands of Loofbourrow and Renz, N. 2°55' E. 842.88 feet; thence S. 86° 32' E. 60.00 feet; thence S. 2° 55' W. 842.39 feet to the center line of Sunnyslope Road; thence along such center line N. 87° 00' W. 60.00 feet to the point of beginning.

(4) Parcel Four. Beginning at a point in the line common to land of Mrs. Renz and Lima distant along such line N. 2° 55' E. 835.80 feet from the common corner to such lands in the center line of the Sunnyslope Road being distant along such center line S. 87° 00' E. 1,187.00 feet from the most southwesterly corner of such Lot 38; thence from such point of beginning along the line common to such lands N. 2° 55' E. 965.10 feet to the most northerly corner thereof; thence along the northerly line of land of Mrs. Renz N. 86° 32' W. 610.60 feet to the most northwesterly corner thereof; thence along the westerly line thereof S. 2° 55' W. 965.10 feet; thence S. 86° 32' E. 610.60 feet to the point of beginning.

(B) The property shall be developed and maintained as a public park and playground to be known as “Veterans’ Memorial Park of San Benito County” under the supervision of the Memorial Park Commission.

(C) The property shall be held by the county for such purposes unless it shall be determined by the Memorial Park Commission that the property is no longer of any use for the purposes intended, and the Commission recommends to the Board of Supervisors that the property be disposed of, and if a four-fifths majority of the Board of Supervisors shall concur in the recommendation and the judge of the Superior Court of the state, in and for the county approves the recommendation, then the property may be disposed of, the proceeds to be used only for another project having the same purpose.

(1966 Code, § 2-22) (Ord. 167-1/2, § 4)

(A) It is desirable to establish regulations requiring vendors at Veterans’ Memorial Park to obtain franchise agreements to sell food or goods and to set fees thereof.

(B) The Board of Supervisors finds as follows:

(1) Persons desire to sell food or goods at Veterans’ Memorial Park to park users. Regulations are needed to govern the sale of food or goods at Veterans’ Memorial Park to control the amount and type of items sold and to protect the public.

(2) The fees established under this article shall be used to accumulate revenue and defray costs for development and maintenance of Veterans’ Memorial Park.

(3) The fees specified in this article represent reasonable amounts that do not exceed the cost of providing the development and maintenance of Veterans’ Memorial Park.

(1966 Code, § 2-23) (Ord. 741, § 1(part))

(A) Definitions. For purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section.

FOOD. Any item for human consumption. For purposes of this article, FOOD shall include any type of beverage.

PERSON. Any individual, group of individuals, firm, corporation, association, partnership or any other type of business entity, whether for profit, non-profit, charitable or philanthropic.

SERVICES. Any activity performed for a fee. This shall include the rental of goods to persons.

(B) Requirement for franchise agreement. It shall be unlawful for any person to sell food, goods or services at Veterans’ Memorial Park unless that person has been granted a franchise to sell food, goods or services at Veterans’ Memorial Park, or unless that person is exempt from the sales franchise requirement.

(C) Non-exclusive franchise. The Board shall approve by written resolution from time to time a non- exclusive franchise agreement authorizing the sales of food or goods or services at Veterans’ Memorial Park. Following the approval of an agreement, the Veterans’ Park Commission shall be authorized to execute such an agreement with any person desiring to sell food or goods at Veterans’ Memorial Park. The execution of the franchise agreement shall create a franchise. The Board may, from time to time, adopt any regulations governing the issuance of sales franchises for Veterans’ Memorial Park.

(D) Terms of franchise agreement.

(1) The franchise agreement shall provide for a term not to exceed one year.

(2) The franchise agreement shall provide for a franchise fee. The Board shall adopt a franchise fee by written resolution from time to time. The fee, when adopted, shall become and thereafter be a part of this article.

(3) The franchise agreement shall provide for payment of the franchise fee upon submission of a franchise agreement to the Veterans’ Commission.

(4) The franchise agreement may require a bond as an undertaking to insure compliance with this article and with other requirements imposed by law.

(5) The franchise agreement shall require that any person entering into a franchise agreement for purposes of selling food, goods or services at Veterans’ Memorial Park shall comply with all applicable federal state, and local laws and ordinances, and to show proof thereof.

(6) The franchise agreement may provide for collection of the franchise fee by the Veterans Memorial Park Commission.

(E) Administration of franchise agreement. The Veterans’ Park Commission shall administer the issuance of franchise agreements pursuant to this article. The Veterans Park Commission shall have the authority to revoke any franchise agreement of any person who violates this article, or any term contained within the franchise agreement subject to an appeal to the Board of Supervisors.

(F) Compliance with franchise agreement. A person operating under a franchise agreement as specified above shall comply with all conditions specified in the franchise agreement and all provisions of this article.

(1966 Code, § 2-24) (Ord. 741, § 1(part))

(A) Consistent with § 3.05.067 of this article, the Veterans’ Park Commission shall provide for payment of fees for use of the ball fields, when the fees are adopted by the Board of Supervisors.

(B) The requirement for payment of fees for use of the ball fields shall not apply to the following organizations: Hollister Babe Ruth, Hollister Little League, Hollister Tremors and Hollister Heat.

(1966 Code, § 2-25) (Ord. 741, § 1(part))

(A) Violation of chapter; public nuisance. The violation of any provision of this article or of any provision of any franchise agreement authorized under this article is unlawful and is a public nuisance. The violation shall be abated, eliminated and enjoined as provided in Chapter 1.03 of the San Benito County Code.

(B) Violation of chapter; criminal. Any person violating any provision of this article shall be guilty of an infraction and, upon conviction thereof, shall be punished as provided in Chapter 1.03 of the San Benito County Code.

(C) Remedies cumulative. Except as otherwise provided by law, the remedies provided in this article are cumulative and not exclusive. Nothing in this article is intended, or shall be deemed or construed, to limit or impair the ability of the county, or any of its officers, agents or employees to take any administrative or judicial action, otherwise authorized by law, to abate any public nuisance. Chapter 1.03 of this code is hereby incorporated by reference as though its provisions were fully set forth herein.

(1966 Code, § 2-26) (Ord. 741, § 1(part))