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HomeMy WebLinkAbout12250 ORD - 09/04/19746 0 AN ORDINANCE FINDING THAT THE FIESTA MEXICANA DE CORPUS CHRISTI ON SEPTEMBER 14 AND 15, 1974 IS IN THE INTEREST OF THE PUBLIC WELFARE BY ADVANCING ETHNIC AND CULTURAL UNDERSTANDING AND IS BENEFICIAL TO THE ECONOMY OF THE CITY OF CORPUS CHRISTI; CLOSING THE 200, 300 AND 400 BLOCKS OF CHAPARRAL STREET AND THE 300 AND 400 BLOCKS OF LAWRENCE AND WILLIAMS STREET TO VEHICULAR TRAFFIC FROM 7:30 P.M. FRIDAY, SEPTEMBER 13, 1974 to 12:00 MIDNIGHT SUNDAY, SEPTEMBER 15, 1974 FOR SAID FIESTA SPONSORED BY LULAC LADIES COUNCIL #26; PROVIDING FOR BARRICADES AND EMERGENCY VEHICLE ENTRANCE; PROVIDING FOR LIABILITY INSURANCE, RESTORATION OF DAMAGED CITY PROPERTY, APPROVAL OF THE ENGINEERING 6 PHYSICAL DEVELOPMENT DIRECTOR FOR CERTAIN CHANGES, REQUIRED PERMITS FOR BEER AND FOOD, COM- PLIANCE WITH CITY CODES AND PROHIBITING CERTAIN MARKINGS AND REQUIRING THE SPONSOR TO RESTORE THE AREA FOR USE FOR VEHICULAR TRAFFIC; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED APPLICATION PERMIT; PROVIDING AN EFFECTIVE DATE AND FOR PUBLI- CATION; PROVIDING FOR SEVERANCE;AND DECLARING AN EMERGENCY. The League of United Latin American Citizens, Lulac Ladies Council No. 26 has formulated plans for the Fiesta Mexicans de Corpus Christi to be held on September 14 & 15, 1974, from 10:00 A.M. till 10:00 P.M. on Saturday, September 14, and from 12:00 Noon till 8:00 P.M. on Sunday, September 15; and WHEREAS, the purpose of said 'Fiesta is to unite the three races by having them work together and feature a number of carnival -type booths sponsored by numerous Corpus Christi civic clubs; and WHEREAS, the proceeds from the Fiesta will provide college scholar- ships to an Anglo, a Mexican - American, and a Negro student from the Corpus Christi area; and WHEREAS, the Lulac Council No. 26 has requested that from 7:30 P.M. Friday, September 13, 1974, to 12:00 midnight Sunday, September 15, 1974, the 200, 300 and 400 blocks of Chaparral Street and the 300 and 400 blocks of Lawrence and Williams Streets be closed to vehicular traffic; and WHEREAS, numerous civic groups will participate in the Fiesta and have endorsed it; and WHEREAS, the City Council finds that the proposed Fiesta will be in the interests of the public welfare by uniting the three races and advancing ethnic and cultural understanding and is beneficial to the economy of the City of Corpus Christi: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That vehicular traffic be barred from the 200, 300 and 400 blocks of Chaparral Street and the 300 and 400 blocks of Lawrence 12250 and Williams Streets from 7:30 Y.M. Friday, September 13, 1974s to 12:00 mid -night Sunday? September 15, 1974, so that Lulac Ladies Council No. 26 can sponsor a Fiesta Mexicana de Corpus Christi, and that said areas be barricaded to through traffic. It is directed that said areas be barri- caded so as to allow emergency vehicles such as Fire, Police and Ambulance vehicles to enter said areas in case of emergency. It is further provided that vehicles of the City or Utility Companies furnishing public utilities, such as electricity, gas, water and telephone service to said areas be per- mitted to enter said areas in case of emergency. SECTION 2. That in maintaining the streets closed by this ordinance the following regulations shall be observed: A. Liability insurance shall be. furnished free of cost to the City, providing for public liability to the public and naming the City as an insured in the policy limits of at least $100,000 personal injury up to $300,000 per accident and $50,000 property damage. A Certificate of Insurance in the above amounts shall be furnished the City Secretary and approved by the City Attorney with the application and permit provided for hereinafter. B. Any damage to City property will be restored by the sponsors of the aforesaid Fiesta promptly after the close of the Fiesta. C. Any work which requires holes or other changes in the pavement, curb or sidewalk must be approved by the Engineering & Physical Development Director and no such approval may be given if the work will require repair by the City. D. Appropriate permits must be obtained from the Alcoholic Beverage Commission for the sale of beer and the City - County Health Department for the sale of food. E. The construction work for displays within the areas affected by this ordinance shall be conducted in accordance with City specifications and in accordance with the electrical, plumbing and building construction codes of the City and after furnishing adequate assurance that all damages will be remedied by the permittee. F. No paint or markings shall be permitted which in any way obliterates or defaces any pavement markings heretofore existing for the guidance of any motor vehicle. -2- G. After the Fiesta ends, the sponsor will see that the street is cleaned and restored to a condition to allow vehicular traffic to return to the streets at the expiration of the closure of the streets. SECTION 3. The City Manager is authorized to execute the attached application /permit for and on behalf of the City, which shall be filed for record in the office of the City Secretary. SECTION 4. The provisions of this ordinance relating to closing of the aforementioned streets are effective for the period beginning at 7:30 P.M. Friday, September 13, 1974, through 12:00 midnight Sunday, Sept- ember 15, 1974, The other provisions of this ordinance are effective from and after the date of publication of the caption of this ordinance in the official publication of the City one time. However, no part of this ordinance shall be effective until the Manager and an authorized representative of Lulac Ladies Council No. 26 execute the aforementioned application /permit, and the Certificate of Insurance is approved and filed. SECTION 5. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 6. The necessity to close the 200, 300 and 400 blocks of Chaparral Street and the 300 and 400 blocks of Lawrence and Williams Streets on September 13, 14 & 15, 1974, for the Fiesta Mexicans de Corpus Christi, sponsored by Lulac Ladies Council No. 26 for the uniting of the three races creates a public emergency and an 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 -3- and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the -day of September, 1974. ATTEST: C Secretary ry MAYO THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: DAY OF SEPTEMBER, 1974: 4ww'-f i N `dL Aw. City Attorney APPLICATION /PERMIT THE STATE OF TEXAS I KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES I Application The Lulac ladies Council No, 26, in order to sponsor the Fiesta Mexicans de Corpus Christi on September 14 & 15, 1974 from 10:00 A.M. till 10:00 P.M. on Saturday, September 14, and from 12 Noon till 8:00 P.M., Sunday, September 15, hereby makes application, acting by and through. Dora Pena, Fiesta Chairwoman, its duly authorized representative; to the City of Corpus Christi, acting by and through R, Marvin Townsend, City Manager, its duly authorized representative for the closing to vehicular traffic of the 200, 300 and 400 blocks of Chaparral Street, and the 300 and 400 blocks of Lawrence and Williams Streets from 7:30 P.M. Friday, September 13, 1974, through 12:00 midnight Sunday, September 15, 1974. In consideration of the closing of said streets, the Lulac Ladies Council No, 26 hereby agrees: 1. To allow emergency vehicles to use such areas as may be re- quired in said area, 2, To furnish liability insurance in the amounts of at least $100,0001$300,000 /$50,000, a Certificate of which is attached hereto. 3. To restore any damaged City property promptly after the close of the Fiesta. 4. To obtain the approval of the Director of Engineering & Physical Development for any work which requires holes or other changes in the pavement, curb, or sidewalk. 5. To obtain the appropriate beer and food permits. 6. To construct all displays in accordance with the appropriate City Codes, and furnish adequate portable restrooms, 7. To provide certain barricades and crowd protection. 8. To not obliterate or deface any pavement markings heretofore existing for the guidance of motor vehicles. 9. To clean the area and restore it for use for vehicular traffic after the close of the Fiesta. LULAC LADIES COUNCIL NO, 26 Title Permit In consideration of the foregoing representations and commitments, the City of Corpus Christi agrees: 1. To close to vehicular traffic the 200, 300 and 400 blocks of Chaparral Street, and the 300 and 400 blocks of Lawrence and Williams Streets from 7:30 P.M. Friday, September 13, 1974, through 12:00 midnight Sunday, September 15, 1974. 2. To allow the use of the streets for carnival -type booths for the Fiesta. 3. To allow the sale of beer, food, and the various carnival activities. 4. To provide certain detour signs and crowd protection. CITY OF CORPUS CHRISTI, TEXAS By R. Marvin Townsend City Manager Corpus Christi, Texas day of 19 if 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. Respectfully, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark The above ordinance was passed by the following vote: Jason Luby Janes T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark INTER - OFFICE COMMUNICATION Dept T.R{:AT. Bill Read, City Secretary From Hal George, Sr. Asst. City Attorney Date September 11, 1974 Sublets Fiesta de Mexican - Approval Required Insurance .9 Attached hereto please find an insurance policy as required by Ordinance No. 1.1692 , which authorizes the holding of the Fiesta de Mexicans on 9 1 7 to 9 16/74. The ordinance authorizing the Fiesta requires the insurance policy be approved by the City Attorney's office prior to the holding of the Fiesta. This memo constitutes the approval of the Legal Department of the attached insurance policy and said policy should be filed in the official records of the City relating tot a subject. al Ge rge HG:vp attachment cc: R. Marvin Townsend Chief James Avant Tom Stewart James R. Riggs 04(P / -12- , 0 - P -q- - -7� ti r ?<2 d \ /et GENERAL LIABILITY AtITOMOBILE POLICY PROVISIONS PART A United Sterna Fire Insurance Company The North River Insurance Company A New York Corporation A New Jersey Corporation Home Office: New York, N. Y. Home Office: Township of Morris, N. J. Westchester Fire Insurance Company A New York Corporation Home Office: New York, N. Y. CRUM & FORSTER INSURANCE COMPANIES THE COMPANY NAMED ON THE DECLARATIONS PAGE (A capital stock company, herein called the company) In consideration of the payment of the premium, in reliance upon the statements in the declarations made a part hereof and subject to all of the terms of this pal Icy, agrees with the named lasured as follows: DEFINITIONS When used In this policy (Including endorsements forming a part hereofl: "automobile" means a land motor vehicle, trailer or semi - trailer designed for travel on public roads (includingg any machinery or apparatus attached thereto), but does not Include mobile equipment; 'bodily I*W' means bodily Injury, sickness or disease sustained by any person which occurs during the policy period, including death at any time resulting therefrom: "collapse hazard" includes "structural property damage" as defined herein and property damage to any other property at any time resulting therefrom. "Structural property damage" means the collapse of or structural injury to any building or structure due to (1) grading, erdam of land, excavating, borrowing, filling, hack - filling, tunnelling pile driving work or caisson work or (2) moving, shoring, underpinnir , ngg, raising 'r demolition of anp building or structure or removal or rebuilding of any structural support thereof. The collapse hazard does not Include troparty demege 11) arising out of operations performed for the named Insured by ndepandent contractors, mr (2) Included within the completed aperatlona hazard or the underground property damage hazard, or (3) for which liability Is assumed by the Insured under an Incidental contract; "completed operations hazard" includes bodily Injury and property damage arising out of operations or reliance upon a representation or warranty made at any time with respect thereto, but only if the bodily injury or property damage occurs after such operations have been completed or abandoned and occurs away from premises owned by or rented to the maned Insured. "Operations" include materials, parts or equipment furnished In connection therewith. Operations shall be deemed com- pleted at the earliest of the following times: (1) when all operations to be performed by or on behalf of the named Insured under the contract have been completed, (2) when all operations to be performed by or on behalf of the named Insured at the site of the operations have been completed, or (3) when the portion of the work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a pert of the same project. Operations which may require further service or maintenance work, or correc. tion, repair or replacement because of any defect or deficiency, but which are otherwise complete, shall be deemed completed. The completed operations hazard does not Include bodily Injury or property damage arising out of (a) operations In connection with the transportation of property, unless the bodily Injury or property damage arises out of a condition in or on a vehicle created by the loading or unloading thereof, (b) the existence of tools, uninstalled equipment or abandoned or unused ma• terials, or c) operations for which the classification stated in the policy or in the company's manual specifies "including completed operations "; "elevator" means any hoisting or lowering device to connect floors or landings, whether or not in service, and all appliances thereof including any car, platform, shaft, hoistwap, stairway, runway, power equipment and machinery; but does not include an automobile servicing hoist, or a hoist without a platform outside a building if without mechanical power or if not attached to building walls, or a hod or material hoist used in alteration, construction or demolition ayeratlons, or en inclined conveyor used exclusive)y for carrying property or a dumbwaiter used exclusively for carrying property and having a compartment height not exceeding fourfee4 "explosion hazard" includes property damage arising out of blasting or explosion. The explosion hazard does not Include property damage (1) arising out of the ex. plosion of air or steam vessels, pipingq under pressure prime movers, machinery or power transmitting equipment, or (2) arising out o� operations performed for plated operations hazarddorptheeundergr oundrproperty damaged hazard,, or (4) for which liability is assumed by the Insured under an Incidental contract; "Incidental contract" means any written (1) lease of premises, (2) easement agreement, except in connection with construction or demoldion apperatl�ns on or adjacent to a railroad, (3) undertaking to indemnity a municipal tty required by municipal ordinance, except in connection with work for the municipality, (4) side- track agreement, or (5) elevator maintenance agreement; "Insured" m.... an y person or organization qualifying as an insured In the "Per- sons Insured" provision of the applicable Insurance coverage. The Insurance afforded applies separately to each Insured against whom claim is made or suit is brought, except with respect to the limits of the company's liability; "mobile equipment" means a land vehicle (including any machinery or apparatus attached thereto), whether or not self-propelled, (1) not subject to motor vehicle registration, or (2) maintained for use exclusively on premises owned b, rented to the named Insured, including the ways immediately adjoining, or 131 designed for use principally off public roads, or (4) designed or maintained for the sole purpose egraspat of affording prmanientlytattachedeto such vehicle:lnrwerecranes, shovels, loaders, diggers and drills; concrete mixers (other than the mix -in- transit type); graders, scrapers, rollers and other road construction or repair equipment; air - compressors, pumps and generators, including spraping, weldingg and building cleaning equipment; and geophysical exploration and well serwcing equipment; "named Insured" means the person or organization named In Item I. of the decla- rations of this policy; "named Insured's roducts" means goods or products manufactured, sold, handled or distributed by the named Insured or by others trading under his name, including any container thereof (other than a vehicle), but "named Insured's products" shell not include a vending machine or any property other than such container, rented to or located for use of others but not sold; POLICY PART B. RETURN TO COMPANY OF CANCELED. PART B GENERA4,11IABWTJ AUTOMOBILE POLICY DECLARATIONS Renewal of Nmnber Corpus Christi Office tDiDNTERSIG NA T mrE DATE RENEWAL OR PEPIADEdrENT NO. ru& Advance Premiums Case Pert N. Coverage Partls) $ r i -25 -74 tb New Hospital Professional Uabillty Insurance IN UNITED STATES FIRE INSURANCE COMPANY ❑ THE NORTH RIVER INSURANCE COMPANY ❑ WESTCHESTER FIRE INSURANCE COMPANY No. GLA36 56 62 Item 1. Named Insured and Address: (No., street, Town or city, county, stare) LulAC Ladies Council Number 26 AGENT: 2901 Gollihar Gonzales Insurance Agency Corpus Christi, Nueces, Texas 78415 2220 Morgan Item 2 Policy Period: (Mu. Day Yr.) Corpus Christi, Texas 78405 From 8 -14 -74 to 8 -16 -74 12:01 A.M., standard time at the address of the Named Inured as stated herein. The named IDSmed Is: F] Individual ❑ Partnership p Corporation ❑ Joint Venture ❑ Other: Business of the named Insured Is: (--). Audit Period: Annual, unless otherwise stated. La— Item S. The Insurance afforded is only with respect to the following Coverage Part(s) indicated by specific premium charge(s). Advance Premiums Care Part Nos). Coverage Partls) Advance Premiums Case Pert N. Coverage Partls) $ Automobile Medical Payments Insurance $ Hospital Professional Uabillty Insurance $ Automobile Physical Damage Insurance (Dealers) $ Manufacturers' and Contractors' Liability Insurance $ Automobile Physical Damage Insurance OleetAutomatic) $ Owner's and Contractor's Protective Liability Iasumnce $ Automobile Physical Damage Insurance (Nao-Fl )a $ 200• Owners', Landlords' and Tenants' Liability Insurance $ Basic Automobile Liability Insurance $ jPersonal Injury Liablllty Insurance $ Completad Operations and Products Liability Insurance $ Physicians', Surgeons'and Dentists' Professional LiabDity Insurance $ Comprehensive Automobile Liability Insurance $ Premises Medical Payments Insurance $ Comprehensive General Liability Insurance $ Spacial PretectivearldHighwa Liabilitylnsurance New York Department nianspurtation $ Comprehensive Personal Insurance $ Contractual Liability Insurance $ Storekeeper's Insurance $ Druggists' Liability Insurance $ Uninsured Motorists insurance $ ElevBtarCollisionirsurance $ S Farm Employers' Liabilityand Farm Employees' Medical Payments Insurance $ $ Farmer's Comprehensive Personal Irsmence $ Farmer's Medical Payments Insurance $ $ Garage Insurance 1)158WG525; 2) other nthanethoseeednteredeaa, $ Coverage Partls), attached at Issue a is 200. Total America Fmmlom for this policy. If the Pollcy Period Is more than one year and the premium is to be paid In Installments, premium is payable on: Effective Date Ist Anniversary 2nd Anniversary Item 4. During the past three years no Insurer has cancelled Insurance, issued to the owed Insured, similar to that afforded hereunder, unless otherwise stated herein: Countersigned: Corpus Christie Texas -Not applicable In Texas By Author Repr ive THIS PART B, WITH "POLICY PROVISIONS —PART A ", AND COVERAGE PART(S) AND ENDORSEMENT(S), (IF ANY), In— TO FORMA THEREOF. COMPLETE(S) THE ABOVE NUMBERED POLICY JDL6300•g•F Ptd. In U.S.A. (1-1-73) To— RETURN THIS DECLARATION TO COMPANY IF CANCELED — SPOILED —OR NOT USED. COVERAGE PART OWNERS', LANDLORDS' AL TENANTS' LIABILITY INSURANCE L 6410 COVERAGE FOR DESIGNATED PREMISES AND RELATED OPERATIONS IN PROGRESS INCLUDING STRUCTURAL (Ed. 1.73) ALTERATIONS, NEW CONSTRUCTION AND DEMOLITION For attachment to Policy No GLA 36 58 62 to complete said policy. . ADDRIDNAL DECLARATIONS Location of Insured premises ,..,.. •- .... -• ,.... , -All.. A.. .. o... T..1.1... - ..A,,.,.., Interest of named losured In insured premises I ..... ..L..,, ❑ .. eo ❑ ...... —. ❑ T .... T ❑ Other Part occupied by named Insured ,..T... ., SCHEDULE The Insurance afforded Is only with respect to such of the following Coverages as are indicated by specific premium charge or charges. The limit of the company's liability against each such Coverage shall be as stated herein, subject to all the terms of this policy having reference thereto. Coverage Limits of Liability Advance Premiums each occurrence aggregate A— Bcdlly Injury Liability $ 300 000• P.D. 1 B— Property Damage Liability $ 50, 000• $ Form numbers of endorsements attached at Issue S Total Advance Premium $ General Liability Hazards Description of Hazards CNode Premium Rates Ad apace Premiums B.I. P.D. Bodily lisIM JPropertyDamusp Premises • Operations Outdoor Street Dance and Fiesta 11111 f) One Flat 4ate 150. 50. Chaparral Street Corpus Christi, Texas Nee f9a• FL) a Par'0000pep. Ft. M Area �d'j �P� Per Pee Receipts Escalators (Number at Promises] Number Insured Per Landing Excluded $tractual Alterations, Now Construction, Demolition iel Rfemruneratlon $1 mUoa ib) �J Per roe of best Excluded Total Advance B.I. and P.D. Premium $ 150 • $ 50• When used as a premium basis: 1. "admissions" means the total number of persons, other than employees of the named Insured, admitted to the event insured or to events conducted on the insured premises whether on paid admission tickets, complimentary tickets or passes; 2. "cost" means the total cost to the named insured with respect to operations performed for the named Insured during the policy period byy Independent contractors of all work let or sub -let in connection with each specific project, Including the cost of all labor, materials and equipment furnished, used or delivered for use in the execution of such work, whether furnished by the owner, contractor or subcontractor, including all fees, allowances, bonuses or commissions made, paid or due; 3. "receipts" means the gross amount of money charged by the named Insured for such operations by the named Insured or by others during the policy period as are rated on a receipts basis other than receipts from telecasting, broadcasting or motion pictures, and Includes taxes, other than taxes which the named Insured collects as a separate Item and remits directly to a governmental division; 4. "remuneration" means the entire remuneration earned during the policy period by proprietors and by all employees of the named Insured, other than chauffeurs (except operators of mobile equipment) and aircraft pilots and co- pilots, subject to any overtime earnings or limitation of remuneration rule applicable in accordance with the manuals In use by the company. (over) 1. COVERAGE A— BODILY INJURY LIABILITY COVERAGE B— PROPERTY DAMAGE LMBILITY The company will pay an behalf of the Insured all sums which the Insured shall become legally obligated to pay as damages because of A. bodily Injury or B. property damage to which this Insurance applies, caused by an occurrence and arisingq out of the ownership, maintenance or use of the Insured premises and all operetlans neces• sary or incidental thereto, and the co arty shall have the right and duly to defend any suit against the Insured seeking damages on account of such hodllrIr Injury or property damage, even if any of the allegations of the suit are groundless, false or fraudulent, and may make such Investigation and settlement of any claim or suit as It deems expedient, but the company shall not be obligated to pay arty claim or judameot or to defend any suit aftertha applicable limit of the comparry's liability has bean exhausted by payment of judgmants or settfoments. Exclusions This Insurance does not apply: (a) to liability assumed by the Insured under any contract or agreement except an IncldeutaLcontract, but with respect to bodily In my or properly da�{ge occurring while work performed by or on behalf of tithe named Insured Is In progress, this exclusion does net apply to a warranty that such work will be done in a workmanlike manner-, (b) to bodily Injury or property damage arising nut of the ownership, maintenance, operation, use, koadf�vrvnt ng of (1) any aummablla or aircraft owned or operated by or rented or loaned to any Insured, or (2) other automobile or aircraft operated by any person In the course of his employmert by any Insured; but this exclusion does not apply to the parking of an autmmchne on Insured such sutomoh0e is not mined by or rented or loaned to any ..Tosdretl; (c) to bodily Injury or property damage arising out of (1) the ownership, malde- nance, operation, use, loading or unloading of any mobile equipment while being used In any prearranged or organized racing, speed or demolition contest or In arty stunting activity or In practice or preparation for any such acm�r(aeswtt m-activltp or (2) the operation or use of any snowmoblla or trailer dasignad far use therewith; (d) to bodily Injury or property damage arising out of and In Be course of the transportation of mobile equipment by an automobile owned or operated by or reeled or loaned to any Insured; (a) to Immly Injury or property damage arising out of the ownership, maintenance, operation, use, loading or unloading of (1) any watercraft owned or operated by or rented or loaned to any Insured, or 0 any other watercraft operated by any person In the course of his employ- ment by any insured; but this exclusion does not apply to watercraft while ashore on the lowered promises; (I to bodily Injury or properly damage arising out of the discharge, dispersal, release or escape of smoke, vapors, sod, fumes, acids, alkalis, toxic cheml- cat% liquids or gases, waste materials or other irritads, contaminants or pollutants bd ith this or upon apply If if such discharge, or body of release or escape oIs�juusrruuydden and accidental; wwah�nsurrectionrrrebelliion damage due o to arty aacctror conditleon Incident to any of the foregoing with respect to (1) liability assumed by the Insured under an Incldamal codrad, or (7J expenses for first aid under the Supplementary Payments provision; (h) to bormy tojary or properly damage for which the insured or his indemabe may be held liable (1) as a person or organization engaged in the business of manufacturing distri- buting, selling or serving alcoholic beverages, or (2) I not so engaged, as an owner or lessor of promises used for such purposes, if such lability is imposed 0i by, or because of the violation of, any statute, ordinance or regulation pertaining to the sale, gift, distribution or use of airy alcoholic beverage, or (ULby reasos;pt4Aelfing, sewing or giving of any alcoholic beverage to a minor pr to a person under the Influence of alcohol or which causes or contributes �iito the iotaYhcetian afSOy person; but rt (Ii) of this exclusion does not apply with respect to liability of the insure d or RrtlamnASe�s Sn awne7 at lessa7 detedbad in (2) above; (1) tai ear obligation- _fgrwhich W llsored -or any carrier as his Insurer may be nheld 0sola under any workmen's compensation, unemployment compensation or disability benefits taw, or under any similar taw; (!7 to bodily, Injury to any employee of the insured arising out of and in the course of his employment by the inroad or to any obligation of the Insured to Indemnify another because of damages arising out of such injury; but this exclusion does not apply to lability assumed by the insured under an incidental contract; Od to property damage to (1) property owned or occupied by or rented to the Insured, (2) pproperty used by the Insured, or (3) gooinsured is for ny purpose exercising physical cold or ss to which but parts 0 and (3) of this exclusion do not appply with reessppect to liability under a written sidetrack agreement and part (3) of this axe ushm does not apply with respect to property damage (other than to elevators) arising od of the use of an elevator at the insured premises; (0 to properly damage to premises alienated by the named insured arising out of such premises or any part thereof; (in) to loss of use of tangible property which has not been physically Injured or destroyed resulting from W a delay In or lack of performance by or on behalf of the named Insured of any contract or agreement, or nurxl:rmc 4" "n„nnM (2) the failure of the named insured's products or work performed by or on behalf of the named insured to meet the level of performance, quality, fitness or durability warranted or represented by the named Insured; but this exclusion does not apply to lass of use of other tangible property resulting from the sudden and accidental physical In Jury to or destruction of the coined Insured's products or work performed 6y or on behalf of the named Insured after such products or work have been put to use by any person or organization other than an insured; W to projimil damage to the owed lasured's products arising out of such products rorr any part of such products; (a) to o out damaeev Dark work performed by or an behalf of the named Insured equipment furnished In conneccttion therewith�f, or out of materials, parts or (p) to bodily injury or property damage included within the completed operations hazard or the products hazard; (q) to bod0y I my or property damage arising ant of operations on or from premises (ot er than the Insured premises) owned by, rented to or controlled by the named Insured, or to liability assumed by the Issued under any contract or agreement relating to such prendses. 11. PERSONS INSURED Each of the following Is an Insured under this insurance to the extent set forth below: (a) if the named Insured is designated in the declare0on5 -es an indiuiduaf, the person so designated but only with respect to the conduct of a business of which he is the sole proprietor, and the spouse of the named Insured with respect to the con- duct of such a busing; (n) If the named Insured is designated in the declarations as a partnership or joint venture, the partnership, or jolt venture so designated and any partner or member thereof but only with respect to his liability as such; (ci if the named Insured Is designated in the declarations as other than an In- dividual, partnership or jolt venture, the orgimbaflon so designated and any executive officer, director or stockholder thereof while acting w In the scope of his duties as such; (d) arty person (other than an employee of the named Insured) or organization while acting as real estate manager for the named Insured; and (e) with resped to the operation, for the of IocomoUon upon a public highway, of mohtia equipment registered adder will motor vehicle registration law, 0) an employee of the named insured while operating any such egnlpment In the course of his employment, and 00 any other person while cparaGng with the permission of the named Insured any such equipment registered In the name of the named Insured and ampp parson or organzatlon legally responsible for such operation, but only If there Is no other valid and collectible Laurance available, either on a primary or excess basis, to such person or organization; . provided that no person or organization shall be an Insured under this pare- graph (e) with respect to: (1) bcdfly Injury to any fellow employee of such person injured In the course of his employment, or QJ operty damage to property ewmed by, rented to, in charge of or occupled by the named issered or the employer of any person described In sub- paragraph OD. This Insurertce does not apply to hadlly Injury or pmper%damage arising out of the conduct of arty partnership or joint venture of which tLa Insured is a partner or member and which Is mot designated in this policy as a named Insured. III. LIMITS OF LMBWTY Regardless of the number of W Insureds under this polig�y (2)persons or argnl- zations who sustain holly Iiij or property, damage, or (3) cis ms Trade or suits brought an account of bodgy Injury or properly damage, the company's liability Is halted as follows: Coverage A—The total liability of the comps for all damages, Including damages for care and less d services, because of both Injury sustained by one or more persons as the result of any one occurrence shat not exceed the limit of bodily Injury liabil0y stated In the schedule as applicable to "each occmremm ". Cowsrega B —The total liability of the company for all damages because of all properly damage sustei by one or more persons or organizations as the result of any one occurrence slid not exceed the limit of property damage liability stated In the schedule as applicable to "each ormrmoce'. Subject to the above provision respecting "each occurrence ", the total liability of the company for all damages because of all property damage to which this env re applies and arising sot of and accurringg Jn, jhe course of.9<ructurgl alteratloris which Involve chomiling8'the size of or mbving buildings ardther struc- tures, new construction or demolitlom oparations performed by or an behalf of the named Insured (including any such property damage for which ILhbllity Is assumed under any Incidental contract relating to such operations) shalt not exceed the limit of property damage tialetlty stated In the schedule as "aggregate'. Coverages A and B —far the purpose of determining the limit of the company's tpieaahtitattdy, all hadify Inj end properly damage arising out of continuous or re- asarising ousst of one ddlaally the same general conditions shalt be considered IV. ADDITIONAL DEFINITION When uspd o refgrence to this Insurance Unctuding endorsements forming a part of the po�I*: ' "Insofe@'p?md*' means (1) the premises designated fn�tlie declarations (2) promises aala Y alienated llosmadl. possession has been Man constructed for (3) premises as to which the named insured Dished to others and reports his intention uu on to Insure such previl ndar this policy and no other within 30 days after such acquis0ion; and includes the ways Immediately ad- joining such premises on land. V. POLICY TERRITORY This Insurance applies only to bodiy Imlay or property damage which occurs within the policy territory. u42 _ ENDORSEA&NT CRUM&FORSTEn '. INSURANCE COMPANIES Additional Premium THE POUCY MAKERS Return Premium Effective on and after 19_ , Standard Time this endorsement forms part of policy No. Expiration Date Issued to By ADDITIONAL INSURED The following is named as an additional insureds The City of Corpus Christi All other terms and conditions of this policy remain unchanged, Company Awh -i-d sep a a ) m,a FM. O.O. 192 6PT 14/73) 41 158L. AMENDATORY ENDORSEMENT- NOTICE (To be attached to all Tans Standard Automobile Insurance Policy Farms providing Bodily Injury Liability Coverage and Property Damage Liability Coverage) This endorsement forms a part of Policy No..... ........................ ........... ......... Issued to bythe -.... .. .................................. ....-......._..............................._.---.__........_.........................._._._.._..__........................._........._.._ .............._........... ...... at its Agency (Name of Insurance Company) located (city and state) .-----._. . ...... ......... _ .............................. _... ......... ..................... - .- --- - --- --- - ------- and is effective from -------- ............. --------------------------- (12:01 A.M. Standard Time) (The Information above Is required only when this endorsement Is Issued subsequent to preparation of the policy.) This endorsement forms a part of the policy to which attached, effective from its date of Issue unless otherwise stated herein. As respects bodily Injury liability coverage and property damage liability coverage, unless the company Is prejudiced by the Insured's failure to comply with the requirement, any provision of this policy requiring the Insured to give notice of action, occurrence or loss, or requiring the insured to forward demands, notices, summons or other legal process, shall not bar liability under this policy. -- --------- ...__._--------- (Duly Autharhed Representative) FORM 15BL— AMENDATORY ENDORSEMENT— NOTICE Tema Standard Automobile Endorsement Prescribed March 1, 1973 #3 • ENDORSEMENT CRUM&FORSTER Q , �, INSURANCE COMPANIES S� Additional Premium THE POLICY MAKERS Return Premium Effective on and after 8 -14- 1974 , 12:01 A.M. Standard Time this endorsement forms part of policy No. GLA 36 58 62 Expiration Date 8 -16 -74 Issued to Lulac Ladies Council Number 26 By United States Fire Insurance Company The policy period is amended to read: 9 -14 -74 to 9 -16 -74 All other terms and conditions of this policy remain unchanged. Issued by C.C. Office 9 -9 -74 tb Gong le • nsurance enc Corpus isti t mne.�:.a aap. ®ane.e�.a FM. 0.0. 192 6PT 14/731 Insert Part D here so that edge tithe against fold to permit poligy numbs5 Insured's name and address on Part B to appear through window. Attach Coverage PartKand Endoisement(s) Of Any) Here "occurrence" means an scoldsnt, Including continuous or repeated exposure to physical possesslon of such products has been relinquished to others; conditions, which results In 6odlly lojury or reperly damage neither expected nor Intended from the standpoint of the Ihaiel; "policy territory" means, (1) the United States of America, its territories or possessions, or Canada, ar (2) International waters or air space, provided the bodily IZ7 or property da c- age does not occur In the course of travel or transporrffeett on to or from any other country, state or nation, or (3) anywhere In the world with respect to dera ges because of bodily injury or properrttyy damage arising out of a product which was sold for use or consump- tion within the territory describe paragraph (1) above, provided the original suit for such damages Is brought within such territory; "products hazard" Includes bodily Injury and property damage arising out of the named lasured's products or reliance upon a re reseyyrdetion or warrardy made at any time with nay fromppromiseseowned by It the to 0&s. nammedrins�dd and after e"property hdam� "dmeans (1) phliccylost Injury to or destruction of tangible prop- s p time resulting therefrom, oar 121 loss ooflusee of tensible prop Which has not been physics y Injured or destroyed provided such loss of use s caused by an occurrence during the policy period; "underground property damage hazard" includes underground property damage as defined herein and property damage to any other property at any time resulting therefrom. "Underground property damage" means property damage to wires, condone, pipes mains, sewers, tanks, tunnels, rangg similar property, and any apparatus (n connection therewith, beneath the surface of the ground or water, ..add 6ygThand occurring during the use ofgmechanical a ui ment far the purpose ageill) erisingaoumt of op a�tcoiavpn�as perfo �e�d fode samedolonsmed 6y�iodepenrd M contractors, or f2) included within the campletad opaeticre hazard, or (3) far which liability is assumed by the insured under an Incldeetel contecL SUPPLEMENTARY PAYMENTS The company will pay, In addition to the applicable limit of liability: (e) all expenses Incurred by the company, all costs taxed against the Insured In any suit defended b9 the company and all Interest on the entire amount of any judgment therein which accrues after entry of the lodgment and before the company has paid or tendered or deposited in court chat part of the judgment which does not exceed the limit of the company's liability thereon; W) premiums on appeal bonds required In any such suit, premiums on bonds to release attachments In any such suit for an amount not In excess of the applicable limit of liability of this policy, and the cost of ball bonds required of the Insured because of accident or traffic law violation arising out of the use of any vehicle to which this policy a plies, not to exceed $250 per ball bond, but the company shall have no Chi gotten to apply for or furnish any such bonds; (d) expenses incurred by the Insured for first aid to others at the time of an eccl- dent, for bodily Injury to which this policy applies; (d) reasonable expenses Incurred by the Imemed at the comparry's request in assisting the company in the investigation or date= of any claim or suit, Including actual loss of earnings not to exceed $25 per day. CONDITIONS 1. Premium: All premiums for this policy shall be computed In accordance with the company's rules, rates, rating plans, premiums and minimum premiums appl• cable to the Insurance afforded herein. Premium designated in this ppollcy as "advance premium" is a deposit premium only which shall be credited to the amount of the earned premium due at the end of the policg perlod. At the close of each period (or part thereof terminating with the and of the policy period) designated In the declarations as the audit period the earned premium shall be computed for such period and, upon notice thereof to the named Insured, shall become due and payable. If the total earned premium for the policy period is less than the premium previously paid, the company shall return to the named Insured the unearned portion paid by the named Insured. The named Insured shall maintain records of such Information as Is necessary for premium computation, and shall send cc ]as of such records to the company at the end of the policy period and at such times during the policy period as the company may direct. 2. Inspection and Audit The company shall be nnitted but not abligeted to Inspect the mmmd Insured's property end operations at any time. Neither the compere's right to make Inspections nor the making thereof our arty report there- on shall constitute an undertaking, on behalf of or for the benefit of the named Insured or others, to determine or warrant that such p rty or openations are safe or healthful, or are In compliance with any law, rule or regulation. The company may examine and audit the named Insued's books and records at any time during the policy period and extensions thereof and within three years after the final termination of this policy, as far as they relate to the subject matter of this insurance. 3. Financial Responsibility laws: When this Policy is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, such Insurance as Is afforded by this policy for bodily Injury Ilability or for property damage liability shall comply with the provisions of such law to the extent of the coverage and limits of liability reqquired byy such law. The insured agrees to reimburse the company for any paymerd made by the com- pany which it would not have been obligated m make under the terms of this policy except for the agreement contained in this paragraph. 4. lasured's Duties In the Event of Occurrence, Claim or Suit: (a) In the event of an occurrence, written notice containing particulars sufficient to identify the Insured and also reasonably obtainable information with respect to the time, place and circumstances thereof, and the names and addresses of the Injured and of available witnesses, shall be given by or for the insured to the company or any of Its authorized agents as soon as practicable. (b) If claim is made or suit Is brought against the Insured, the Insured shall Im- mediately forward to the company every demand, notice, summons or other process received by him or his representative. (c) The Insured shall cooperate with the company and, upon the companys request, assist In reeking settlements, In the conduct of suits and in errforeing arty right of contribution or Indemnity against any person or ITn)raUon who pray be liable to the Insured because IN Injury or damage with respect to which Insurance is afforded under this policy; a the Insured shall attend hearings and trials and assist In securing and giving evldencb and obtaining the attendance of witnesses. The Insured shall not, except al his own cost voluntarily make arty payment, assume or cbllgation or incuf ' any expense other than for first aid to others at the time of accident. S. Action Agafnat Company: No action shall lie against the company unless, as a condition precedent thereto, there shall have been full compliance with all of the terms of this pollcy, nor until the amount of the Insued's obligation to pay shall have been finally determined either by judgment ag8ainst the insured after actual trial or by written agreement of the Insured, the claimant and the company. Any person or organization or the legal representative thereof who has secured such judgment or written agreement shell thereafter be entitled to recover under this policy to the extent of the Insurance afforded b this policy. No person or organization shall have any right under this policy to �o(n the cempan as a hall to any action against the Insured to determine the asured's Ilaabh�il the company be Impleaded by the Insured or his legal representathre. Bankruptcy or insolvency of the Insured or of the Insured's estate shall not relieve the com- pany of any of Its obligations hereunder. B. Other Insurances The insurance afforded by this policy is primary insurance, except when stated to apply in excess of or contingent upon the absence of other Insurance. When this Insurance is primary and the insured has other Insurance which is stated to be applicable to the loss on an excess or contingent basis, the amount of the company's liability under this policy shall not be reduced by the existence of such other Insurance. When both this Insurance and other insurance apply to the loss on the same basis, whether primary, excess or contingent, the company shall not be liable under this policy for a greater proportion of the loss than that stated In the applicable contr( ution provision below: (a) Contribution by Equal Shares. If all of such other valid and collectible insur- ance provides for contribution by equal shares, the company shell not be liable for a greater proportion of such loss than would be payable If each Insurer contributes an equal share until the share of each Insurer equals the lowest applicable limit of liability under arty one policy or the full amount of the loss is paid, and with respect to em/ amount of loss not so paid the remaining Insurers then continue to contribute equal shares of the remaining amount of the loss until each such Insurer has paid its limit In full or the full amount of the loss is paid. (b) Contribution by Limits. If any of such other Insurance does not provide for contribution by equal shares, the company shall not be liable for a greater proportion of such loss then the applicable limit of liability under this policy for such loss bears to the total applicable limit of liability of all valid and collectible insurance against such loss. 7. Subrogation: In the event of any payment under this policy, the company shall be subrogated to all the Insueed's rights of recovery therefor against any person or orgganization and the Insured shall execute and deliver Instruments and papMrs and do whatever else is necessary to secure such rights. The hrsured shall do nothing after loss to prejudice such rights. 8. Changes: Notice to any,ageht of ghowledge possessed by any agent or 6y dly other person shall not effect a waiver or a change In any part of this policy or asto i the company from asserting any right under the terms of this policy- shall the terms of this policy be waived or changed, except by endorsement issue to form a part of this policy. B. Assignment- Assignment of Interest under this policy shall not bind the�com- pany until Its consent Is endorsed hereon; if, however, the named insured shall die, such insurance as Is afforded by this policy shall apply (1) to the named Insured's legal representative, as the named insured, but only while acting within the scope of his duties as such, and (2) with respect to the pro perty of the named Insured, to the person having propper temporary cuslodp thereof, as husured, but only until the appointment and qualificatlon of the legal representative. 10. Three Year Policy: If this policy Is Issued for a period of three years any limit of the company-a liability stated In this policy as "aggregate" shall apply separately to each consecutive amoral period thereof. 11. Caucellatton: This policy may be cancelled by the named ins aired. by sdr- render thereof to the company or any of its authorized agents or by mailing to the company written notice stating when thereafter the cancellation shall be effective. This policy may be cancelled by the company by mailing to the named Insured at the address shown in this ppoolicy, written notice stating whet not Pass than ten days thereafter such cancellation shall be effective. The mailing of notice as Aresaid shall be sufficient roof of notice. The time of surrender or the ef- fective date and hour of cancelaation stated in the notice shall become the end of the policy period. Delivery of such written notice either by the named insured or by the company shall be equivalent to mailing. If the named Insured cancels, earned premium shall be computed in accordance with the customary short rate table and procedure. If the company cancels, earned premium shall be computed pro rata. Premium adjustment may be made either at the time cancellation Is effected or as soon as practicable after cancel- lation becomes effective, but payment or tender of unearned premium Is riot a condition of cancellation.. 12. Declarations: By acceptance of this policy, the named Insured agrees that the statements in the declarations are his agreements and representations, that this policy is issued in reliance upon the truth of such representations and that this policy embodies all agreements existing between himself and the company or any of its agents relating to this insurance. , IN WITNESS WHEREOF, the company has caused this policy to be signed by Its president and secretary but this policy shall not be valid unless completed by the attachment hereto of a declarations page designated as Part B and Coverage Part(s) and countersigned on the aforesaid declarations page by a duly authorized repre- sentative of the company. ��Saeretary f / I. President NUCLEAR ENERGY LIABILITY EKCLUSION ENDORSEMENT p pp�o���� g to (BROAD FORM OTHER THAN FAMILY AUTTOMOBPLE, SPECIAALL PACIGBE AUT OAILILE, COMPREIRENSWE PERSONAL AND FAR MEWS COMPREBE�NSP E PERSONAL INSURANCE It is agreed that: 1. This policy does not apply: A. Under any Liability Coverage, to bodily Injury or properly damage t (1) with respect to which an Insured under this policy is also an insured under a nuclear energy liability policy Issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Association of Canada, or would be an insured under em�/ such policy but for Its termination upon exhaustion of its limit of liability; or (2) resulting from the hazardous properties of nuclear material and with respect to which (a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or It-) the honored Is, or had this policy not been Issued would be, entitled to Indemnity from the United States of America, or any agency thereof, under any agreement entered Into by the United States of America, or any agency thereof, with any person or organization. B. Under any Medical Payments Coverage, or under any Supplementary Pay- ments ovlslon relating to first aid, to expenses Incurred with respect to bodily Pnjary resulting from the hazardous properties of unclear material and arising out of the operation of a nuclear facility by any person or organization. C. Under any Liability Coverage, to bodily injury or property damage resulting from the hazardous properties of nuclear material, U (I) the nuclear material (a) is at any nuclear facility owned 6 , or operated by or on behalf of, an Insured or (b) has been discharge dispersed therefrom; (2) the nuclear material is contained In spout fuel or waste at any time possessed, handled used, processed, stared, transported or disposed of by or on behalf of an insured; or (3) the bodily injury or property damage arises out of the furnishing by an Insured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any nuclear faelPity, but if such facility is located within the United States of America, Its territories or possessions or Canada, this exclusion (3) applies only to property damage to such nuclear facility and any property thereat. II. As used in this endorsement: "hazardous properties" Include radioactive, toxic or explosive properties; "nuclear material" means source material, special nuclear material or by- product material; "source material", "special nuclear material ", and "byproduct materfar have the meanings given them in the Atomic Energy Act of 1954 or In any law amendatory thereof; "spent fear means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation In a nuclear reactor; "Waste" means a% waste material (1) containing byypproduct material and (2) resulting from the operation by any parson or orgganization of any nuclear faclity included within the definition of nuclear facfiity under paragraph (a) or it-) thereof; "nuclear facility" means (a) any nuclear reactor, (b) any equipment at device designed or used for (1) separating the laotopes of uranium or plutonium, (2) processing or utilizing spent fuel, or (3) handling, processing or packaging waste, (c) any equipment or device used for the processing, fabricating or alloying of special nuclear material if at any time the total amount of such ma- terial in the custody of the Insured at the promises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235, (d) any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste, and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations; "nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self - supporting chain reaction or to contain a critical mass of fissionable material; "property damage" includes all forms of radioactive contamination of property. NEW YORK EXCEPTION: The "Nuclear Energy Liability Exclusion Endorsement (Broad Form)" does rmt apply to Automobile Liability Insurance In New York 1`89011 -x -F (1.1.73) Teiea PbL In USA PUBLISHER'S AFFIDAVIT STATE OF TEXAS, County of Nueoes. Before me, the undersigned, a Notary Public, this day personally came... B. Bake" -- — _ , who being first duly sworn, according to law, says that he is the - _XIBAS. Ad I1enagan .— -- of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of of which the annexed is a true copy, was published in ...... 21me.m on the. b.._ day of _$9ptamhen 19�(i, aeeianwau.o i Times. O Subscribed and sworn to before me this_._Aii_ dray ®o( �l s_ a i Ad , Manager 19 44— Ivu1:�_ Vick �Pali.. /Qoty, T � N,6; ;, -- Cblbll, AIISNOeral AOle Bljj ,1471. (e)BIII G. Rego" BILLG. READ. CRY Swelur 7 atydcarouf CtrLH,Te.0