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HomeMy WebLinkAbout10287 ORD - 06/02/1971RB : B.Iw:6 /2/71 AN ORDINANCE 1 �7 AUTHORIZING AND DIRECTING THE CITY MANAGER OR HIS REPRESENTATIVE TO ISSUE A SPECIAL USE PERMIT TO DOWN SOUTH PROMOTIONS, INC., FOR THE PURPOSE OF HOLDING AND CONDUCTING A ROCK MUSIC CONCERT AT NUECES RIVER PARK, IN ACCORDANCE WITH THE TERMS AND CONDITIONS AS PROVIDED IN THE PERMIT APPLICATION, ALL AS MORE FULLY SET FORTH THEREIN, A COPY OF WHICH IS MARKED EXHIBIT "A" AND ATTACHED HERETO AND MADE A PART HEREOF; AND FURTHER PROVIDING THAT THE CITY MANAGER OR HIS REPRESENTATIVES SHALL HAVE THE POWER AND AUTHORITY TO REVOKE SAID PERMIT PROVIDED THAT THE SANE SHALL BE DEEMED NECESSARY FOR THE PROTECTION OF THE HEALTH, WELFARE AND MORALS OF THE PUBLIC; AND DECLARING AN EMERGENCY. WHEREAS, ON MAY 28, 1971, THE PARK AND RECREATION BOARD OF THE CITY OF CORPUS CHRISTI, CONDUCTED A PUBLIC HEARING IN CONNECTION WITH THE APPLICATION OF DOWN SOUTH PROMOTIONS, INC., TO HOLD A ROCK MUSIC CONCERT AT NUECES RIVER PARK, BEGINNING AT 6:00 A.M., JUNE 4, 1971 AND TERMINATING NO LATER THAN 5:00 P. M., .JUNE 5, 1971; AND WHEREAS, THE PARK AND RECREATION BOARD HAS RECOMMENDED TO THE CITY COUNCIL THAT SUCH PERMIT IS ADVISABLE AND SHOULD BE GRANTED; AND WHEREAS, THE DOWN SOUTH PROMOTIONS, 'INC., HAS AGREED TO COMPLY `^ WITH THE TERMS AND CONDITIONS CONTAINED IN THE PERMIT APPLICATION, ALL AS MORE FULLY SET FORTH THEREIN, A COPY OF WHICH IS MARKED EXHIBIT "A" AND ATTACHED HERETO AND MADE A PART HEREOF, AND SUCH FURTHER TERMS AND CONDI- TIONS AS ARE IMPOSED IN THE SPECIAL USE PERMIT ARD IN THIS ORDINANCE: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT AUTHORITY IS HEREBY EXTENDED AND THE CITY MANAGER OR HIS REPRESENTATIVE IS HEREBY DIRECTED TO GRANT AND ISSUE A SPECIAL USE PERMIT TO DOWN SOUTH PROMOTIONS, INC. FOR THE USE OF NUECES RIVER PARK, IN CORPUS CHRISTI, TEXAS, FOR THE PURPOSE OF HOLDING AND CONDUCTING A ROCK MUSIC CONCERT, AT SUCH PARK, BEGINNING AT 6:00 A.M., JUNE 4, 1971, AND TERMINATING NO LATER THAN 5:00 P. M., JUNE 5, 1971. SECTION 2. THE AUTHORITY TO GRANT SUCH PERMIT IS EXTENDED UPON THE AGREEMENT OF THE DOWN SOUTH PROMOTIONS, INC. TO BE BOUND AND TO PERFORM THE TERMS AND CONDITIONS AS PROVIDED IN THE PERMIT APPLICATION, UNDER PENALTY OF HAVING SUCH PERMIT REVOKED, ALL AS MORE FULLY SET FORTH THEREIN,• A COPY 10287 OF WHICH IS MARKED EXHIBIT "AP AND ATTACHED HERETO AND MADE A PART HEREOF, AND ON THE FURTHER CONDITION THAT THE CITY MANAGER AND/OR HIS REPRESENTATIVE IS HEREBY EXTENDED THE RIGHT, POWER AND AUTHORITY TO SUPERVISE THE ACTIVITIES CONDUCTED ON SUCH CITY PROPERTY, AND TO IMPOSE SUCH FURTHER CONDITIONS AND RESTRICTIONS, CONSIDERING THE FACTORS OF TRAFFIC CONGESTION AND HAZARDS IN I THE PARK AREA,THE DENSITY OF THE ATTENDANCE IN THE PARK, THE OCCURRENCE OF VIOLATIONS OF LAW OR IMMINENTLY THREATENED VIOLATIONS, OF POTENTIAL SUBSTAN- TIAL INJURY OR HARM TO THE PERSONS IN ATTENDANCE OR RESIDENTS OF THE AREA OR THE INHABITANTS OF THE CITY, THE FAILURE OF SANITATION FACILITIES TO ACCOMMODATE THE PERSONS ATTENDING, VIOLATIONS OF THE FIRE PREVENTION CODE, AND LIKE CONSIDERATIONS, IF SUCH IMPOSITION IS NECESSARY TO PROTECT THE HEALTH, SAFETY, WELFARE AND MORALS OF THE PUBLIC AND FURTHER, UPON THE FAILURE OR INABILITY OF DOWN SOUTH PROMOTIONS, INC. TO COMPLY WITH SUCH FURTHER CON- DITIONS AND RESTRICTIONS, TO ORDER THAT ALL ACTIVITIES AT SUCH PARK CEASE AND REVOKE AND CANCEL THE SPECIAL USE PERMIT. SECTION 3. THE SHORTNESS OF TIME BETWEEN THE APPLICATION FOR THIS PERMIT AND THE PROPOSED DATE OF SUCH ROCK MUSIC CONCERT CREATES A PUBLIC EMERGENCY AND IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION BUT THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AE7 ITS PASSAGE, IT IS ACCORDINGLY 50 ORDAINED, THIS THE 14,10 DAY of , 1971, O AT7 /T: 'J V MAYOR CITY SECR TARY THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: _DA OF , 1971: .sue CIS Y ATTORNEY RWC:vMP:6/l/71 APPLICATION FOR SPECIAL USE PERMIT NUECES RIVER PARK IN THE CITY OF CORPUS CHRISTI, TEXAS NUECES RIVER PARK (AREA) Now COMES DOWN SOUTH PROMOTIONS, INC. OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, A LEGAL CORPORATION ORGANIZED IN COMPLIANCE WITH THE TEXAS RULES FOR INCORPORATION, A COPY OF WHICH IS ATTACHED, AND MAKES THIS THEIR FIRST APPLICATION FOR A SPECIAL USE PERMIT FOR THE FOLLOWING DESCRIBED LAND IN THE ABOVE -NAMED AREA, NUECES RIVER PARK, FOR THE PURPOSE OF HOLDING 1 A "FREE (NO'ADMISSION CHARGE) BAND CONCERT BEGINNING AT 6:00 A.M., JUNE Y, 1971, AND TERMINATING NO LATER THAN 12:00 MIDNIGHT, JUNE 6, 1971, SUBJECT TO THE CONDITIONS ATTACHED TO THIS INSTRUMENT. ANTHONY B, MIERZWA, PRESIDENT, DOWN SOUTH PROMOTIONS, INC. CONDITIONS OF SPECIAL USE PERMIT 1. REGULATIONS - HEREAFTER THE PERMITTEE SHALL EXERCISE THIS PRIVILEGE SUBJECT TO THE SUPERVISION OF THE CORPUS CHRISTI PARK AND RECREA- TION DEPARTMENT, AND SHALL COMPLY WITH THE REGULATIONS OF OTHER AUTHORIZED OFFICERS OF THE FEDERAL, STATE, AND LOCAL GOVERNMENTS GOVERNING THE AREA. 2. DAMAGES - THE PERMITTEE SHALL PAY THE CITY OF CORPUS CHRISTI FOR ANY DAMAGES RESULTING FROM THIS USE WHICH THE PERMITTEE IS AUTHORIZED TO MAKE OF THE LAND DESCRIBED IN THIS PERMIT. 3. CONSTRUCTION - NO BUILDING OR OTHER STRUCTURE 'SHALL BE ERECTED UNDER THIS PERMIT EXCEPT UPON PRIOR APPROVAL OF PLANS AND SPECIFICATIONS BY THE CORPUS CHRISTI PARK AND RECREATION DEPARTMENT AND THE PREMISES AND ALL APPURTENANCES THERETO SHALL BE KEPT IN A SAFE, SANITARY, AND SIGHTLY CONDI- TION BY PERMITTEE HEREUNDER. 4. NONDISCRIMINATION - SEE ATTACHMENT A. 5. REMOVAL OF STRUCTURES AND IMPROVEMENTS - UPON THE EXPIRATION OF THIS PERMIT BY LIMITATION OF TIME OR ITS TERMINATION FOR ANY REASON PRIOR TO ITS EXPIRATION DATE, THE PERMITTEE, IF ALL CHARGES DUE THE CORPUS CHRISTI PARK AND RECREATION DEPARTMENT HEREUNDER HAVE BEEN PAID, SHALL REMOVE WITH- IN SUCH REASONABLE PERIOD AS IS DETERMINED BY THE PARK AND RECREATION DEPART - MENTj BUT NOT TO EXCEED FIFTEEN DAYS UNLESS OTHERWISE STIPULATED IN THIS PERMIT, ALL STRUCTURES AND IMPROVEMENTS PLACED ON THE PREMISES BY THEME AND SHALL RESTORE THE SITE TO ITS FORMER CONDITION UNDER THE DIRECTION OF THE CORPUS CHRISTI PARK AND RECREATION DEPARTMENT. IF THE PERMITTEE FAILS TO REMOVE ALL SUCH STRUCTURES AND IMPROVEMENTS WITHIN THE AFORESAID PERIOD THEY SHALL BECOME THE PROPERTY OF THE CITY OF CORPUS CHRISTI, BUT THAT WILL NOT RELIEVE THE PERMITTEE OF LIABILITY FOR THE COST OF THEIR REMOVAL AND THE RESTORATION OF THE SITE. 6. CHECK SECURITY - To GUARANTEE THE CITY OF CORPUS CHRISTI AND THE PARK AND RECREATION DEPARTMENT OF THE CITY -OF CORPUS CHRISTI THAT THE STRUC- TURES AND IMPROVEMENTS REFERRED TO IN PARAGRAPH 5 ABOVE WILL BE REMOVED AS AFORE- SAID, AND TO FURTHER GUARANTEE THE CITY AND THE PARK AND RECREATION DEPART- MENT THAT GARBAGEp TRASHY DEBRISI AND REFUSE WILL BE PROPERLY DISPOSED OF ij' 1 BY PERMITTEE AS SET OUT IN PARAGRAPH 15 HEREAFTER AND TO GUARANTEE THAT PERMITTEE RESTORE THE PREMISES TO ITS FORMER CONDITION, PERMITTEE HEREIN AGREES TO FURNISH TO THE LEGAL DEPARTMENT OF THE CITY OF CORPUS CHRISTI A CASHIER'S CHECK, MADE PAYABLE TO THE CITY OF CORPUS CHRISTI, IN THE SUM OF $1.000. SAID CHECK TO BE APPROVED AND ACCEPTED BY THE CITY PRIOR TO ISSUANCE OF SAID PERMIT. 7. DISPOSAL OF REFUSE - THE PERMITTEE SHALL DISPOSE OF, REFUSE AS REQUIRED BY THE CORPUS CHRISTI PARK AND RECREATION DEPARTMENT. 8. TIMBER CUTTING - NO TIMBER MAY BE CUT OR DESTROYED WITHOUT FIRST OBTAINING A PERMIT THEREFOR FROM THE CORPUS CHRISTI PARK AND RECREA- TION DEPARTMENT. 9. FIRE PREVENTION AND SUPPRESSION - THE PERMITTEE AND HIS EMPLOYEES SHALL TAKE ALL REASONABLE PRECAUTIONS TO PREVENT FOREST, BRUSH GRASS, AND STRUCTURAL FIRES AND ALSO SHALL ASSIST THE CORPUS CHRISTI PARK AND RECREATION DEPARTMENT IN EXTINGUISHING SUCH FIRES IN THE VICINITY OF ANY TRACT WHICH MAY BE USED HEREUNDER. , 10. SOIL EROSION - THE PERMITTEE SHALL TAKE ADEQUATE MEASURES, AS DIRECTED AND APPROVED BY THE CORPUS CHRISTI PARK AND RECREATION DEPARTMENT TO RESTRICT AND PREVENT SOIL EROSION ON THE LANDS COVERED HEREBY AND SHALL SO UTILIZE SUCH LANDS AS NOT TO CONTRIBUTE TO EROSION ON ADJOINING LANDS. 11. ASSIGNMENT - THIS PERMIT MAY NOT BE TRANSFERRED OR ASSIGNED WITHOUT THE CONSENT OF THE CORPUS CHRISTI PARK AND RECREATION DEPARTMENT IN WRITING. 12. REVOCATION - THIS PERMIT MAY BE TERMINATED UPON BREACH OF ANY OF THE CONDITIONS HEREIN OR AT THE DISCRETION OF THE CORPUS CHRISTI PARK AND RECREATION DEPARTMENT. 13. AS A CONDITION TO OBTAINING THE PERMIT, PERMITTEE AGREES TO TAKE OUT INSURANCE IN THE AMOUNT OF $10,000 FOR PROPERTY DAMAGE FOR THE CITY PARK AND $100,000 AND $300,000 FOR PERSONAL LIABILITY (POLICY MUST BE PRESENTED TO CITY BEFORE PERMIT IS ISSUED). 14. SANITATION WILL BE PROVIDED WITH A MINIMUM OF FORTY PORTABLE TOILETS, HALF OF WHICH WILL BE DESIGNATED FOR MEN AND HALF FOR WOMEN, AT THE CONCERT SITE. THERE WILL BE A TRUCK ON DUTY TWENTY -FOUR HOURS A DAY DURING THE PERIOD OF THIS PERMIT TO SERVICE EACH OF THE PORTABLE TOILETS. 15. A MINIMUM OF 100 GARBAGE CANS WILL BE PROVIDED. ALSO, LARGE GARBAGE LINERS WILL BE ISSUED AS THE PEOPLE ARRIVE. GARBAGE PICKUP WILL BE HELD FROM 8:00 A.M. TO 9:00 A.M. AND FROM 6:00 P.M. TO 7 :00 P.M. AND THE GARBAGE CARRIED TO A LEGALLY APPROVED DUMP. AT THE TERMINATION OF THE EVENT, THE PERMITTEE WILL SEE TO IT THAT ANY REFUSE WHICH MAY HAVE BEEN LEFT IN THE PARK IS REMOVED. 16. AN ADEQUATE WATER SUPPLY WILL BE FURNISHED BY THE PERMITTEE. IN THE EVENT THAT MORE WATER IS NECESSARY, THE CONTAINERS CAN BE REFILLED WHILE THE EVENT IS IN PROGRESS BY THE PERMITTEE. PERMITTEE WILL FURNISH AN ADEQUATE SUPPLY OF DISPOSABLE DRINKING CUPS FOR SAID WATER CONTAINERS. 17. PERMITTEE IS TO FURNISH ADEQUATE FIRST -AID FACILITIES MANNED BY TRAINED PERSONNEL. 18. PERMITTEE WILL FURNISH AMBULANCE SERVICE DURING THE PERIOD OF THE PERMIT. P. 19. PARKING OF ATTENDING VEHICLES MUST BE ACCOMPLISHED IN SUCH A MANNER AS TO NOT INTERFERE WITH NORMAL FLOW OF PARK AND ROAD TRAFFIC OR CAUSE ENVIRONMENTAL DAMAGE TO ANY NATURAL FEATURES. 20. NO COMMERCIAL ACTIVITIES OF ANY KINDS INCLUDING ADVERTISING, WILL BE PERMITTED EITHER AT THIS SITE OF THE CONCERT OR ELSEWHERE WITHIN THE CONFINES OF THE PARK AREA EXCEPT AS DIRECTED BY THE CORPUS CHRISTI PARK AND RECREATION DEPARTMENT. GUARDIAN. `LOA. CHILDREN UNDER 15 MUST BE ACCOMPANIED BY PARENT OR LEGAL 21. ALL ACTIVITIES UNDER THIS PERMIT SHALL BE CONDUCTED IN SUCH MANNER AS TO PREVENT DAMAGE TO ANY VEGETATION OR POLLUTION OF ANY WATERS AND TO SAFEGUARD AND PROTECT PARK VISITORS, WILDLIFE, SCENIC FEATURES, RECREA- TIONAL VALUES, AND PHYSICAL IMPROVEMENTS. 22. THE WATER IN THE NUECES RIVER WILL BE ANALYZED FOR POLLUTION PRIOR TO THE BEGINNING OF THE CONCERT AND WILL BE CHECKED AT THREE -HOUR INTERVALS FOR POLLUTION DURING THE DAY DURING THE PERIOD OF THE PERMIT. 23. IN CONSIDERATION FOR OBTAINING THE PRIVILEGES GRANTED HEREIN, PERMITTEE AGREES TO INDEMNIFY AND SAVE HARMLESS THE CITY OF CORPUS CHRISTI AND /OR ANY OTHER GOVERNMENTAL AGENCY, WHETHER FEDERAL STATE, OR LOCAL, INCLUDING NOT ONLY DAMAGE TO CITY PROPERTY AND INJURY TO CITY EMPLOYEES, BUT ALSO CLAIMS JUDGMENTS, SETTLEMENTS OR COMPROMISES FOR PROPERTY DAMAGE OR PERSONAL INJURY TO ALL PERSONS FOR WHICH THE CITY OF CORPUS CHRISTI MAY BE LIABLE, RESULTING FROM THE EXERCISE BY THE PERMITTEE AND HIS EMPLOYEES OF THE PRIVILEGES GRANTED HEREIN. WITNESSES: PERMITTEE: NAME ANTHONY B. MIERZWA, PRE$IOENT, DOWN SOUTH PROMOTIONS, INC. ADDRESS ADDRESS NAME ADDRESS ATTACHMENT A CONTINUATION OF CONDITIONS OF THIS PERMIT (FORM 10- 1114)• THE FOLLOWING PROVISIONS CONSTITUTE CONDITION 14 IN ACCORDANCE WITH EXECUTIVE ORDER NO. 11246 OF SEPTEMBER 214, 1965, AS AMENDED BY EXECUTIVE ORDER NO. 11375 OF OCTOBER 13, 1967. NONDISCRIMINATION. IF USE OF THE RESOURCE COVERED BY THE PERMIT WILL IN- VOLVE THE EMPLOYMENT BY THE PERMITTEE OF A PERSON OR PERSONS, THE PERMITTEE AGREES AS FOLLOWS: (1) THE PERMITTEE WILL NOT DISCRIMINATE AGAINST ANY EMPLOYEE OR APPLICANT-FOR EMPLOYMENT BECAUSE OF RACE, COLOR, RELIGION, SEX, OR NATIONAL ORIGIN. THE PERMITTEE WILL TAKE AFFIRMATIVE ACTION TO ENSURE THAT APPLI- CANTS ARE EMPLOYED, AND THAT EMPLOYEES ARE TREATED DURING EMPLOYMENT WITH- OUT REGARD TO THEIR RACE, COLOR, RELIGION, SEX, OR NATIONAL ORIGIN. SUCH ACTION SHALL INCLUDE, BUT NOT BE LIMITED TO THE FOLLOWING: EMPLOYMENT, UPGRADING, DEMOTION OR TRANSFER; RECRUITMENT OR RECRUITMENT ADVERTISING; LAYOFF OR TERHINATION; RATES OF PAY OR OTHER FORMS OF COMPENSATIONS AND SELECTION FOR TRAINING, INCLUDING APPRENTICESHIP. THE PERMITTEE AGREES TO POST IN CONSPICUOUS PLACES, AVAILABLE TO EMPLOYEES AND APPLICANTS FOR EM- PLOYMENT, NOTICES TO BE PROVIDED BY THE SUPERINTENDENT SETTING FORTH THE PROVISIONS OF THIS NONDISCRIMINATION CLAUSE. (2) THE PERMITTEE WILL, IN ALL SOLICITATIONS OR ADVERTISEMENTS FOR EMPLOYEES PLACED BY OR ON BEHALF OF THE PERMITTEE, STATE THAT ALL QUALI- FIED APPLICANTS WILL RECEIVE CONSIDERATION FOR EMPLOYMENT WITHOUT REGARD TO RACE, COLOR, RELIGION, SEX, OR NATIONAL ORIGIN. (3) THE PERMITTEE WILL SEND TO EACH LABOR UNION OR REPRESENTATIVE OF WORKERS WITH WHICH HE HAS A COLLECTIVE BARGAINING AGREEMENT OR OTHER CONTRACT OR UNDERSTANDING, A NOTICE, TO BE PROVIDED BY THE SUPERINTENDENT, ADVISING THE LABOR UNION OR WORKERS' REPRESENTATIVE OF THE PERMITTEE'S COMMITMENTS UNDER SECTION 202 OF EXECUTIVE ORDER NO. 1121467 OF SEPTEMBER 214, 1965, AS AMENDED, AND SHALL POST COPIES OF THE NOTICE IN CONSPICUOUS PLACES AVAILABLE TO EMPLOYEES AND APPLICANTS FOR EMPLOYMENT. r (4) THE PERMITTEE WILL COMPLY WITH ALL PROVISIONS OF EXECUTIVE ORDER NO. 11246 OF SEPTEMBER 24F 1965, AS AMENDED, AND OF THE RULES, REGULA- TIONS, AND RELEVANT ORDERS OF THE SECRETARY OF LABOR. (5) THE PERMITTEE WILL FURNISH ALL INFORMATION AND REPORTS REQUIRED BY EXECUTIVE ORDER No. 11246 OF SEPTEMBER 24, 1965, AS AMENDED, AND BY THE RULES, REGULATIONS, AND ORDERS OF THE SECRETARY OF LABOR, OR PURSUANT THERE- TO, AND WILL PERMIT ACCESS TO HIS BOOKS, RECORDS, AND ACCOUNTS BY THE SUPERINTENDENT AND THE SECRETARY OF LABOR FOR PURPOSES OF INVESTIGATION TO ASCERTAIN COMPLIANCE WITH SUCH RULES, REGULATIONS, AND ORDERS. (6) IN THE EVENT OF THE PERMITTEEIS NONCOMPLIANCE'WITH THE NON- DISCRIMINATION CLAUSES OF THIS PERMIT OR WITH ANY OF SUCH RULES, REGULATIONS, OR ORDERS, THIS PERMIT MAY BE CANCELLED, TERMINATED OR SUSPENDED IN WHOLE OR IN PART AND THE PERMITTEE MAY BE DECLARED INELIGIBLE FOR FURTHER GOVERN- MENT CONTRACTS OR PERMITS IN ACCORDANCE WITH PROCEDURES AUTHORIZED IN EXECUTIVE ORDER No. 112146 OF SEPTEMBER 214, 1965, AS AMENDED, AND SUCH OTHER SANCTIONS MAY BE IMPOSED AND REMEDIES INVOKED AS PROVIDED IN EXECUTIVE ORDER NO. 112146 OF SEPTEMBER 214, 1965, AS AMENDED, Oft BY RULE,-REGULATION, OR ORDER OF THE SECRETARY OF LABOR, OR AS OTHERWISE PROVIDED BY LAW. (7) THE PERMITTEE WILL INCLUDE THE PROVISIONS OF PARAGRAPHS (1) THROUGH (7) IN EVERY SUBCONTRACT OR PURCHASE ORDER UNLESS EXEMPTED BY RULES, REGULATIONS, OR ORDERS OF THE 1S1ECRETARY OF LABOR ISSUED PURSUANT TO SECTION -2o4 OF EXECUTIVE ORDER N0. 11246 OF SEPTEMBER 24, 1965, AS AMENDED, SO THAT SUCH PROVISIONS WILL BE BINDING UPON EACH SUBCONTRACT OR PURCHASE ORDER AS THE SUPERINTENDENT MAY DIRECT AS A MEANS OF ENFORCING SUCH PROVISIONS, INCLUDING SANCTIONS FOR NONCOMPLIANCE; PROVIDED, HOWEVER, THAT IN THE EVENT THE PERMITTEE BECOMES INVOLVED IN, OR IS THREATENED WITH, LITIGATION WITH A SUBCONTRACTOR OR VENDOR AS A RESULT OF SUCH DIRECTION BY THE SUPERINTENDENT, THE PERMITTEE MAY REQUEST THE UNITED STATES TO ENTER INTO SUCH LITIGATION TO PROTECT THE INTERESTS OF THE UNITED STATES. x rs ARTICLES OF INCORPORATION OF DOWN SOUTH PROMOTIONS, INC. WE, THE UNDERSIGNED NATURAL PERSONS OF THE AGE OF TWENTY -ONE (21) YEARS OR MORE, AT LEAST TWO OF WHOM ARE CITIZENS OF THE STATE OF TEXAS, ACTING AS INCORPORATORS OF A CORPORATION UNDER THE TEXAS BUSINESS CORPORATION ACT, DO HEREBY ADOPT THE FOLLOWING ARTICLES OF INCORPORATION FOR SUCH COR- PORATION. v ARTICLE I THE NAME OF THE CORPORATION IS DOWN SOUTH PROMOTIONS, INC. ARTICLE If THE PERIOD OF ITS DURATION IS PERPETUAL. ARTICLE III THE PURPOSE OR PURPOSES FOR WHICH THIS CORPORATION IS ORGANIZED ARE: (1) TO CREATE, PRODUCE AND MANAGE STAGE PRODUCTIONS, PLAYS, RADIO BROADCASTS, ENTERTAINERS AND TELE- VISION BROADCASTS, AND THE SOLICITATION AND SALE OF ADVERTISERS AND ADVERTISING MATERIALS. (P) TO PURCHASE AND SELL GOODS, WARES AND MERCHANDISE. (3) TO BUY, SELL AND OPERATE BUSINESS ESTABLISHMENTS AND TO ACT AS THE AGENT FOR INDIVIDUALS, CORPORA - TIONS, BUSINESS ESTABLISHMENTS, OF ANY KIND OR CHARACTER, IN THE PURCHASE OR SALE OF BUSINESS ESTABLISHMENTS, INCLUDING SOLE PROPRIETORSHIPS, PARTNERSHIPS, CORPORATIONS AND OTHER BUSINESS ORGANIZATIONS. (4) TO PURCHASE, RECEIVE, LEASE OR OTHERWISE ACQUIRE, OWN, HOLD, IMPROVE, USE AND OTHERWISE DEAL IN AND WITH REAL OR PERSONAL PROPERTY OR ANY INTEREST THEREIN, WHEREVER SITUATED, AS THE PURPOSES OF THE CORPORATION SHALL REQUIRE, AND TO SELL, CONVEY, MORTGAGE, PLEDGE, LEASE, EXCHANGE, TRANSFER AND - OTHERWI-SE DISPOSE OF ALL OR ANY PART OF ITS PRO- PERTY AND ASSETS. (5) TO BORROW MONEY OR ISSUE DEBENTURES FOR CARRYING OUT ANY OR ALL PURPOSES, ABOVE ENUMERATED. ARTICLE IV THE AGGREGATE NUMBER OF SHARES WHICH THE CORPORATION SHALL HAVE AUTHORITY TO ISSUE IS ONE THOUSAND (1,000) ALL COMMON, EACH WITH A PAR VALUE OF ONE DOLLAR ($1.00). ARTICLE V THE CORPORATION WILL NOT COMMENCE BUSINESS UNTIL IT HAS RECEIVED FOR THE ISSUANCE OF ITS SHARES CONSIDERATION OF THE VALUE OF ONE THOUSAND DOLLARS ($1,000), CONSISTING OF MONEY, LABOR DONE, OR PROPERTY ACTUALLY RECEIVED, WHICH SUM IS NOT LESS THAN ONE THOUSAND DOLLARS ($1,000 %. ARTICLE VI THE POST OFFICE ADDRESS OF ITS INITIAL REGISTERED OFFICE IS: 918 PETROLEUM TOWER CORPUS CHRISTI, TEXAS 784D1 ,AND THE.NAME OF ITS_I'NITI,AL4EGISTERED.AGENT AT SUCH.ADDRESS IS: SCOTT T. COOK. ARTICLE VII THE CORPORATION SHALL HAVE NOT LESS THAN THREE NOR MORE THAN FIF- TEEN DIRECTORS. THE NUMBER OF DIRECTORS CONSTITUTING THE INITIAL BOARD OF DIRECTORS IS THREE, AND THE NAMES AND ADDRESSES OF THE PERSONS WHO ARE TO SERVE AS DIRECTORS UNTIL THE FIRST ANNUAL MEETING OF THE - SHAREHOLDERS OR UNTIL THEIR SUCCESSORS ARE ELECTED AND QUALIFIED, ARE: NAME ADDRESS SCOTT T. COOK P. 0.. BOX 2467 CORPUS CHRISTI TEXAS H. C. GILLESPIE 111 223 CHANDLER 'CORPUS CHRISTI, TEXAS ANTHONY B. MIERZWA 4222 1/2 AVALON CORPUS CHRISTI, TEXAS ARTICLE V111 THE NAMES AND ADDRESSES OF THE INCORPORATORS ARE: ' NAME ADDRESS SCOTT T. COOK P. 0. BOX 2467 CORPUS CHRISTI, TEXAS H. C. GILLESPIE 111 223 CHANDLER ' 1C1ORPUS CHRISTI TEXAS ANTHONY B. MIERZWA 4222 1/2 AVALON CORPUS CHRISTI, TEXAS IN WITNESS WHEREOF, WE HAVE HEREUNTO SET OUR HANDS THIS DAY OF , 1971- SCOTT T. COOK H. C. GILLESPIE III ANTHONY B. MIERZWA THE STATE OF TEXAS COUNTY OF NUECES j 1, , A NOTARY PUBLIC, DO HEREBY CERTIFY THAT ON THIS DAY OF , 1971, PERSONALLY APPEARED BEFORE ME, SCOTT T. COOK, H. C. GILLESPIE III AND ANTHONY B. MIERZWA, WHO EACH BEING BY ME FIRST DULY SWORN, SEVERALLY DECLARED THAT THEY ARE THE 0 PERSONS WHO SIGNED THE FOREGOING DOCUMENT AS INCORPORATORS AND THAT THE STATEMENTS THEREIN CONTAINED ARE TRUE. NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS 1 RB:BJw :6/2/71 CITY OF CORPUS CHRISTI PARK AND RECREATION DEPARTMENT SPECIAL USE PERMIT NUECES RIVER PARK (AREA) - DOWN SOUTH PROMOTIONS, INC., OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, IS HEREBY AUTHORIZED DURING THE PERIOD FROM JUNE 4, 1971, TO JUNE 6, 1971, TO USE THE FOLLOWING- DESCRIBED LAND IN THE ABOVE -NAMED AREA: NUECES RIVER PARK AREA FOR THE PURPOSE OF HOLDING A FREE (NO ADMISSION CHARGE) BAND CONCERT BEGINNING 6 :00 A.M., JUNE 41 1971, AND TERMINATING NO LATER THAN 5:00 P. M., .JUNE 5, 1971, . SUBJECT TO THE CONDITIONS ATTACHED HERETO, AND PROVIDED FURTHER, THAT THE CITY MANAGER OF CORPUS CHRISTI AND /OR HIS DULY AUTHORIZED REPRESENTATIVE SHALL HAVE THE RIGHT, POWER, AND AUTHORITY TO i SUPERVISE THE ACTIVITIES CONDUCTED ON SUCH CITY PROPERTY IN CONNECTION WITH THIS PERMIT AND TO IMPOSE FURTHER CONDITIONS AND RESTRICTIONS, IF SUCH IMPOSI- TION IS NECESSARY, CONSIDERING THE FACTORS OF TRAFFIC CONGESTION AND HAZARDS IN THE PARK AREA, THE DENSITY OF ATTENDANCE IN THE PARK, THE OCCURRENCE OF VIOLATIONS OF LAW OR IMMINENTLY THREATENED VIOLATIONS, OF POTENTIAL SUBSTAN- TIAL INJURY OR HARM TO THE PERSONS IN ATTENDANCE OR RESIDENTS OF THE AREA OR THE INHABITANTS OF THE CITY, THE FAILURE OF SANITATION FACILITIES TO ACCOMMO- DATE THE PERSONS ATTENDING, VIOLATIONS OF THE FIRE PREVENTION CODE, AND LIKE CONSIDERATIONS, TO PROTECT THE HEALTH, SAFETY AND WELFARE OF THE PUBLIC AND UPON THE FAILURE OR INABILITY OF THE PERMITTEE, DOWN SOUTH PROMOTIONS, INC., TO COMPLY WITH SUCH FURTHER CONDITIONS AND RESTRICTIONS, TO ORDER THAT ALL ACTIVITIES CEASE AND THAT THIS SPECIAL USE PERMIT BE CANCELLED AND REVOKED, AND PROVIDED FURTHER, THAT SUCH PERMIT IS GRANTED SUBJECT TO SUCH RULES AND REGULATIONS AS MAY BE PRESCRIBED BY THE DIRECTOR OF THE PARK AND RECREATION DEPARTMENT OF THE CITY OF CORPUS CHRISTI AND THAT ALL ACTIVITIES CONDUCTED ON SUCH LAND AS ABOVE DESCRIBED SHALL BE IN COMPLIANCE WITH THE LAWS OF THE STATE OF TEXAS AND THE ORDINANCES OF THE CITY OF CORPUS CHRISTI. . ISSUED-AT CORPUS CHRISTI, TEXAS, THIS DAY OF , 1971. THE UNDERSIGNED HEREBY ACCEPTS THIS PERMIT SUBJECT TO THE TERMS, COVENANTS, OBLIGATIONS, AND RESERVATIONS, EXPRESSED OR IMPLIED, THEREIN. WITNESSES: PERMITTEE: NAME ANTHONY B. MIERZWA� PRESIDENT DOWN SOUTH PROMOTIONS INC. ADDRESS ADDRESS NAME ADDRESS CORPUS CHRISTI, TEXAS / l�7--i- A Y OF TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. ESP TFULLY, O O MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL 2 RDBERTD BOSQUEZ REV. HAROLD T. BRANCH j THOMAS V. GONZALES GABE LOZANO, SR. V J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOT -E:- RONNIE SIZEMORE CHARLES A. SONNIWELL ROBERTO BOSQUEZ v�I.CJ REV. HAROLD T. BRANCH THOMAS V. GONZALES GAGE LOZANO, SR. J. HOWARD STARK