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HomeMy WebLinkAbout13802 ORD - 06/22/1977*jkh :6- 21 -77; 1st AN ORDINANCE FINDING THAT FESTIVITIES CELEBRATING THE FOURTH OF JULY BY PEOPLE'S ALLEY MERCHANTS, ON JULY 2 THROUGH JULY 4, 1977, ARE IN THE INTEREST OF THE PUBLIC WELFARE; CLOSING THE 400 BLOCK OF PEOPLES STREET TO VEHICULAR TRAFFIC FROM 9 A.M., SATURDAY, JULY 2, TO 9 P.M., MONDAY, JULY 4, 1977, FOR SAID FESTIVITIES SPONSORED BY THE PEOPLE'S ALLEY MERCHANTS; PROVIDING FOR BARRICADES AND EMERGENCY VEHICLE ENTRANCE; PRO- VIDING FOR LIABILITY INSURANCE, RESTORATION OF DAMAGED CITY PROPERTY, APPROVAL OF THE ENGINEERING AND PHYSICAL DEVELOPMENT DIRECTOR FOR CERTAIN CHANGES, REQUIRING PERMITS FOR BEER AND FOOD, COMPLIANCE WITH CITY CODES AND PROHIBITING PAINTINGS OR MARKINGS ON STREETS AND TRAFFIC CONTROL DEVICES; REQUIRING THE SPONSOR TO RESTORE THE AREA FOR USE FOR VEHICULAR TRAFFIC; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED APPLICATION PERMIT; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR PUBLICATION; PROVIDING FOR SEVERANCE; AND DECLARING AN EMERGENCY. WHEREAS, the People's Alley merchants have formulated plans for festivities to be held on July 2 through July 4, 1977, from 9 a.m., Saturday, to 9 p.m., Monday, July 4, 1977; and WHEREAS, the purpose of said festivities is to celebrate'the Fourth of July; and WHEREAS, the People's Alley merchants have requested that from 9 a.m., Saturday, July 2, through 9 p.m., Monday, July 4, 1977, the 400 block of Peoples Street be closed to vehicular traffic; and WHEREAS, the City Council finds that the proposed celebration will be in the interest of the public: 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 400 block of Peoples Street from 9 a.m., Saturday, July 2, 1977, until 9 p.m., Monday, July 4, 1977, so that the People's Alley merchants may sponsor festivities • celebrating the Fourth of July and that the 400 block of Peoples Street be barricaded to through traffic. It is directed that said block be barri- caded so as to allow emergency vehicles, such as Fire, Police and Ambulance vehicles, to enter said areas in case of an 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 block, be permitted to enter said block in case of emergency. MICROF ILMfD JUL 0 7 1980; 13802 SECTION 2. That in maintaining the street closed by this ordinance, the following regulations shall be observed: A. Public liability insurance shall be furnished at no cost to the City, naming the City as an insured in the policy limits of at least $100,000 for each injury and 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 shall be repaired and restored by the Permittee promptly after the close of the celebration. C. Any work which requires any change in the pavement, curbs, or sidewalks must be approved by the Engineering and Physical Development Director, and no such approval shall 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 from the City- County Health Department for the sale of food. E. The construction work displays within the permit area 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. All damages will be immediately repaired by the Permittee. F. No paint or markings shall be permitted which in any way obliterate or deface any pavement markings or traffic control devices here- tofore existing for the guidance and direction of motor vehicle and pedestrian traffic. G. Upon termination of the celebration, the Permittee shall clean the street or cause the same to be cleaned and restored to a condition to allow vehicular and pedestrian traffic to return to the street upon the reopening of the street. H. Permittee shall provide and erect street barricades, at Permittee's sole expense, in accordance with a barricade plan as determined and approved by the Director of the Department of Traffic and Transit. -2- Such barricades, except for periods of emergency, shall be so maintained during the full term of the celebration as described herein. SECTION 3. The City Manager is hereby authorized to execute the attached 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 abovementioned street are effective for the period beginning at 9 a.m., Saturday, July 2, 1977, until 9 p.m., Monday, July 4, 1977. 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 City Manager and an authorized representative of the People's Alley merchants execute the aforementioned application and permit, and the Certificate of Insurance is approved and filed. A true and correct copy of said Application and Permit, marked Exhibits "A" and "B ", respectively, are attached hereto and made a part hereof. 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 hereof be given full force and effect for its purpose. SECTION 6. The necessity to close the 400 block of Peoples Street on July 2 through July 4, 1977, for festivities celebrating the Fourth of July sponsored by the People's Alley merchants 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 19E • Of its introduction and take effect and be in full force and effect -from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the Zt day of June, 1977. ATTEST: APPROVED: 2,�DAY OF JUNE, 1977: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant C ttorney M OR THE CITY OF CORPUS CHRISTI, TEXAS • Application for Permit THE STATE OF TESAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES X The People's Alley Project hereinafter referred to as "PERMITTEE ", in order to sponsor a gcase- opeaaeg celebration on July 3 and 4, 1977, hereby makes application, acting by and through Mr. Troy Lee Harris, Public Relations Coordinator, 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 400 block of Peoples Street, from 9:00 A.M. Saturday, July 2, 1977, until 9:00 P.M. Monday, July 4, 1977. In consideration of the closing of said streets, PERMITTEE covenants and agrees to perform the following conditions, to-wit: 1. To allow emergency vehicles to use such areas as may be required in said area. 2. To file with the City Secretary, at PERMITTEE'S sole expense, a certificate of public liability insurance in a form to be approved by the City Attorney and naming the City as an insured, and providing coverage for personal injury of $100,000 to $300,000 for each accident and $50,000 property damage. 3. To repair and restore any damaged City property prior to 9:00 P.M. Monday, July 4, 1977. 4. To obtain the approval of the Director of Engineering and Physical Development for any work which requires any changes in the surface of the pavement, curbs or sidewalks. 5. To obtain the appropriate permit or permits from the office of the Alcoholic Beverage Commission and food permit or permits from the City - County Health Department. 6. To construct all displays in accordance with the appropriate City Codes, and furnish adequate portable restrooms. 7. To provide street barricades in accordance with a barricade plan adopted and approved by the Director of the Department of Traffic 6 Transit. 8. To provide at PERMITTEE'S sole expense, adequate security forces for crowd control and the protection of persons and property. 9. To not obliterate or deface any pavement markings or traffic control devices heretofore existing for the guidance and direction of motor vehicles and pedestrian traffic. 10. To clean the permit area and restore it for use by vehicular and pedestrian traffic by 9:00 P.M. Monday, July 4, 1977. PERMITTEE agrees to pay the City one -half of the cost of the City crew clean -up, i.e., hosing down, push- broomiug sidewalks and streets and running street sweeper, not to exceed $50, with the understanding that there will be no such clean -up charge if PERMITTEE has removed all loose debris from the permit area. 11. PERMITTEE will save and bold harmless the City of Corpus Christi from any and all claims of liability for personal injury or property damage by reason of PERMITTEEIS operation and maintenance of its activities des- cribed herein. D By . Tray L Harris Public Relations Coordinator People's Alley Project • P E R M I T In consideration of the foregoing application and statement of representations and commitments, the City of Corpus Christi agrees: 1. To close to vehicular traffic the 400 block of Peoples Street from 9:00 A.M., Saturday, July 2, 1977, until 9:00 P.M. Sunday, July 4, 1977. 2. To permit the use of the streets for a Celebration as described in the People's Alley Project Application for Permit and in accordance with the terms and conditions of City Ordinance NO. as adopted by the City Council on the day of June, 1977. CITY OF CORPUS CHRISTI By R. Marvin Townsend, City Manager 0 1 : . ' : . - .: 1 0 Corpus Christi, exas ole day o. 197-1 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 suspension 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 ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, MAYOR at==� THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by th following vote: Jason Luby _ Eduardo de Ases David Diaz Ruth Gill Bob Gulley _ Gabe Lozano, Sr. Edward L. Sample The above ordinance was passed by the following vote: Jason Luby Eduardo de Ases David Diaz Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward L. Sample ;:3802 Ih 7t. ly Ihat IM lollorlap P61w -, wbl.d to dwlr fare., conditions vad acluslon., hoe. ban We.d by this cowpony, • 71J. h nw n ,�ellry el Insutant•, nor h It on andorse-1 eakiep th. Porten, Me W .orporalba a1 whose r.gwd It 1. In-cl an additional le.und on m• .cocky .r p. 0., .I.rt.d to h•r•In. In th. •...I of tar,tdlallon of any Such Policy os Palltl.., IM coePuny pill andavor to giro the principal nomad ......... day. prhfan calla Prior to antallallon. If the nveber of da}n to not .lal.d henia, than th. walwvw perlod of -lit. hall b. fire IS) days. NAME AND ADDRESS OF PARTY TO ,WHOM CERTIFICATE IS ISSUED NAME AND ADDRESS OF INSURED City of Corpus Christi Bill Sweetland 410$ Peoples Street Corpus Christi, Texas Corpus Christi, Texas, This Certificate of Insurance neither affirmatively nor negatively emends, extends or alters the coverage afforded by Policies shown below. TYPE OF INSURANCE POLICY NUMBER' EFFECTIVE DATE EXPIRATION DATE OMITS OF LIABILITY• Workmen'. Compensatlon Statutory la confer — pith the Compen- tetlon law of the State of Public Liability Bodily Injury S Each Occurrence S $ Aggregate Product. Publle Liability Property Damage $ Each Occurrence $ Aggregate Operatlan. S Aggregate Projective ggreg° $ Aggregate Products $ Aggregate Contractual Avroeoblle (Bodily Injury) $ Each Perron $ Each Occurrence I AW -1,11e (Property Damage) S Each Occurrence Owners' Landlords' and Tenants' Liability GIA42010 7/2/77 7/4/77 $ 100 OOO.BIEach Person S 300,000.BIEach Occurrent S 50,000.PDEach Occurrent $ 50,000.PDAggregate S S PM, 103.0.5 a, T 112.721 'Absence of any appropriate entry mean. no such insurance I. In force. REMARKS: Dafad__._...fif21 /77 � Western World Inatzrance Company __ ^_ _�___ In consideration of the foregoing application and statement of representations and commitments, the City of Corpus Christi agrees: 1. To close to vehicular traffic the 400 block of Peoples Street from 9:00 A.M., Saturday, July 2, 1977, until 9:00 P.M. Sunday, July 4, 1977. 2. To permit the use of the streets for a Celebration as described in the People's Alley Project Application for Permit and in accordance with the terms and conditions of City Ordinance NO. /.380 L as adopted by the City Council on the ZZ -day of June, 1977. CITY OF CORPUS CHRISTI By R. Marvin Townsefid, City Manager 3 -eZ AUTHORIZED BY COUNCIL--b--22 _ Z 7_ SECRETARY Application for Permit THE STATE OF TEXAS I KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES T The People's Alley Project hereinafter referred to as "PERMITTEE ", in order to sponsor a Spm=bwpwmkg celebration on July 3 and 4, 197:1, hereby makes application, acting by and through Mr. Troy Lee Harris, Public Relations Coordinator, 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 400 block of Peoples Street, from 9:00 A.M. Saturday, July 2, 1977, until 9:00 P.M. Monday, July 4, 1977. In consideration of the closing of said streets, PERMITTEE covenants and agrees to perform the following conditions, to -wit: 1. To allow emergency vehicles to use such areas as may be required in said area. 2. To file with the City Secretary, at PERMITTEE'S sole expense, a certificate of public liability insurance in a form to be approved by the City Attorney and naming the City as an insured, and providing coverage for personal injury of $100,000 to $300,000 for each accident and $50,000 property damage. 3. To repair and restore any damaged City property prior to 9:00 P.M. Monday, July 4, 1977. 4. To obtain the approval of the Director of Engineering and Physical Development for any work which requires any changes in the surface of the pavement, curbs or sidewalks. 5. To obtain the appropriate permit or permits from the office of the Alcoholic Beverage Commission and food permit or permits from the City - County Health Department. 6. To construct all displays in accordance with the appropriate City Codes, and furnish adequate portable restrooms. 7. To provide street barricades in accordance with a barricade plan adopted and approved by the Director of the Department of Traffic & Transit. 8. To provide at PERMITTEE'S sole expense, adequate security forces for crowd control and the protection of persons and property. 9. To not obliterate or deface any pavement markings or traffic control devices heretofore existing for the guidance and direction of motor vehicles and pedestrian traffic. 10. To clean the permit area and restore it for use by vehicular and pedestrian traffic by 9:00 P.M. Monday, July 4, 1977. PERMITTEE agrees to pay the City one -half of the cost of the City crew clean -up, i.e., hosing down, push - brooming sidewalks and streets and running street sweeper, not to exceed $50, with the understanding that there will be no such clean -up charge if PERMITTEE has removed all loose debris from the permit area. 11. PERMITTEE will save and hold harmless the City of Corpus Christi from any and all claims of liability for personal injury or property damage by reason of PERMITTEE'S operation and maintenance of its activities des- cribed herein. a By Troy L Harris Public Relations Coordinator People's Alley Project PUBLISHER'S AFFIDAVIT STATE OF TEXAS, County of Nueces. Before me, the undersigned, a Notary Public, this day personally came ... . ............ who being first duly sworn, according to law, says that he is the 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 LadAj,lj..,, NQ IC _.OF PASSAGE 0? ORDINANCE NO- 13302.... of which the annexed is a true copy, was published in an the -,z&-- day of-.--j+g-j.8 ---------- 19-7-7, M"fte ..... . . ..........................._..-•---- -• $ *-C;�f a-n- Subscribed and sworn to before me this.---. 2-9_ -• -- --day of . ... . . . ...... 19_77 — R. Sandovai-- o&-. iarj Public, Nueces County, Texas Tues.. J_ une 2a, tan NOTICE OF PASSAGE OF ORDINANCE Na 130 FINDING THAT FES- TIVITIES CELEBRATING THE FOURTH OF JULY BY PEOPLE'S ALLEY MER- CHANTS, ON JULY 2, N THE INTiREST OAF THE PUBLIC WELFARE; CLOS. ING THE 141 BLOCK OF PEO. PL ES STREET TO VEHICU- LAR TRAFFIC FROM 9 A.M., SATURDAY, JULY 2, TO 9 PM, MONDAY, JULY A 1977, FOR SAID FESTIVITIES SPONSORED BY THE PEOPLE'S ALLEY MER- CHANTS; PROVIDING FOR BARRICADES AND EMER- GENCY VEHICLE EN, TRANCE; PROVIDING FOR LIABILITY INSURANCE, RESTORATION OF DAM - AGED CITY PROPERTY AP- PROVAL OF THE BNGI- NEBRING AND PFrySICA` DEVELOPMENT DIRECTOR FOR CERTAIN CHANGES, REQUIRING PERMITS FOR BEER AND FOOD, COM- PLIANCE W ITH CITY CODES AND PROBHIBITING PAINT- INGS OR MARKINGS ON STREETS AND TRAFFIC CONTROL DEVICES; RE- QUIRING THE SPONSOIfTO -' RESTORE THE AREA FOR SE US VEHICULAR TRAFFIC AUTHOR21NG THE CITY MANAGER TO EXECUTE THE ATTACHED APPLICATION PERMLT;- PROVIDING FOR AN EF- FECTIVE DATE; PROVID- ING FOR PUBLICATION PROVIDING FOR SEVER- ANCE; AND DECLARING AN EMERGENCY, WAS PASSED AND APPROV- ED BY the City Council all the City at Cape Christi; Tam i during the Regular Cornell Meeting held an Jun 2$19", at 2:00 p.m, and ppfo0vvides that It shall be In fu11 two and effect from and after , passe.. and publcatidn one time In the offi- cial publication of the City of Corpus Christi, Tam. ISSUED UNDER MY HAND AND SEAL of the City of Ca- 1 pus Ct� f , Tom, this Zlrd o -s- BILLG. READ Bill G. Rata, City secretary City of Corpus Christi, Tam