[L.L. No. 3-1990, §§ 1-4[1]]
(a)
The Utica Community Garden Program is hereby established pursuant
to Section 96 of New York General Municipal Law. The commissioner
of urban and economic development is hereby authorized to negotiate
and enter into contracts with interested community organizations for
the purpose of establishing community gardens on vacant city-owned
land. The commissioner of urban and economic development shall enter
into said contracts only under the following conditions:
(1)
The community organization shall be responsible for administration
of the program.
(2)
The vacant land provided for this purpose shall be used only
for community garden purposes by private individuals.
(3)
The community organization entering into said contract with
the city shall provide a policy of insurance naming the City of Utica
as an insured therein, in an amount not less than $1,000,000. Further,
the community organization shall consent and agree to release, defend,
indemnify and otherwise hold harmless the City of Utica and, its agents,
officers and employees from any claim arising out of any injury to
persons or property caused in connection with the Utica Community
Garden Program on city-owned property.
(4)
The community organization involved in the administration of
the Utica Community Garden Program shall operate the program in a
fair and equitable manner and must comply with all federal, state
and local laws.
(b)
The community organization or organizations involved in administering
the Utica Community Garden Program shall be responsible for providing
initial site preparation, including topsoil and grading; water systems;
perimeter fencing; storage bins or sheds; other necessary appurtenances
or equipment; fertilizer or compost; seeds; tools and equipment; and
site security.
(c)
The commission of urban and economic development shall not enter
into any contracts under this program that exceed one year in duration.
Permits issued under this program may be revoked by the commissioner
of urban and economic development in his/her discretion with or without
any reason for such revocation.
(d)
The community organization or organizations administering community
gardens under this program and persons using city-owned land for the
purpose of gardening shall be responsible for all damage to city-owned
property and shall maintain city-owned property in a clean and orderly
fashion, including the prompt removal of debris, and after harvest
the prompt removal of remaining plant life.
