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HomeMy WebLinkAbout13978 ORD - 10/12/1977AN ORDINANCE FINDING THAT THE MEXICAN FIESTA CELEBRATION BY OUR LADY OF THE PILLAR CATHOLIC CHURCH, ON NOVEMBER 6, 1977, IS IN THE INTEREST OF THE PUBLIC WELFARE; CLOSING THE 4200 BLOCK OF WEST THERESA AND THE 4200 BLOCK OF EAST-THERESA, FROM BLOOMINGTON TO LOLITA STREET, TO VEHICULAR TRAFFIC FROM 9:00 A.M. TO 9:00 P.M., ON SUNDAY, NOVEMBER 6, 1977, FOR SAID FESTIVITIES SPONSORED BY OUR LADY OF THE PILLAR CATHOLIC CHURCH; PROVIDING FOR BARRICADES AND EMERGENCY VEHICLE ENTRANCE; PROVIDING FOR 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 PROHIBIT- ING 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, our Lady of the Pillar Catholic Church has formulated plans for a Mexican Fiesta Celebration to be held on November 6, 1977, from 9:00 a.m., to 9:00 p.m.; and WHEREAS, the purpose of the said festivities is to sponsor a Mexican Fiesta Celebration; and WHEREAS, Our Lady of the Pillar Catholic Church has requested that from 9:00 a.m. to 9:00 p.m., on November 6, 1977, the 4200 Block of ,West Theresa and the 4200 Block of East Theresa, from Bloomington to Lolita Street, be closed to vehicular traffic; and WHEREAS, the City Council finds that the proposed celebration will be in•the interest of the public: a 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 4200 Block of East Theresa and the 4200 Block of West Theresa, from Bloomington to Lolita Street, from 9:00 a.m. to 9:00 p.m., on November 6, 1977 so that Our Lady of the Pillar Catholic Church may sponsor a Mexican Fiesta Celebration and that the said 4200 Block of East Theresa and the 4200 Block of West Theresa be barricaded 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: (MICROFILMED 13978 JUL O `r 1960 t _t SECTION 2. That in maintaining the street closed by this ordinance, the followina regulations shall be observed: A. The 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. B. Emergency vehicles will be allowed to use such areas as may be required in said area. C. Any damage to City property shall be repaired and restored by the permittee promptly prior to close of the celebration, 9:00 p.m., Sunday, November 6, 1977. D. 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. E. 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. F. 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. G. Permittee to provide, at Permittee's sole expense, adequate security forces for crowd control and the protection of persons and property. H. No paint or markings shall be permitted which in any way obliterate or deface any pavement markings or traffic control devices heretofore existing for the guidance and direction of motor vehicle and pedestrian traffic. I. 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 by 9:00 p.m., Sunday, November 6, 1977. Permittee shall 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. -2- .F • F SECTION 3. The City Manager is hereby authorized to execute the attached permit for and on behalf of the City of Corpus Christi, 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 9:00 a.m. and terminating at 9:00 p.m., on November 6, 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 Permittee execute the aforementioned application and permit. 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 4200 Block of East Theresa and the 4200 Block of West Theresa on November 6, 1977, for festivities celebrating a Mexican Fiesta 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 intro- duction 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 -3- of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this thej2+-k day of October, 1977_ ATTEST: City Secretary W P VED: AY OF OCTOBER, 1977: J. BRUCE AYCOCK. CITY ATTORNEY By Assistant CiVY Attorne MAYOR THE CITY OF CORPUS CHRISTI, TEXAS This ordinance is in effect force with or without the isignature of the Mayor, in accordance with Article TT section 6 of the City Charter% � 1 Application for Permit THE STATE OF TEXAS I KNOW ALL HEN BY THESE PRESENTS: COUNTY OF NUECES I Our Lady of the Pillar Catholic Church hereinafter referred to as "PERMITTEE ", in order to sponsor a Mexican Fiesta celebration on November 6,.. 1977, hereby makes application, acting by and through Reverend Monsignor Alvarado, Pastor of Our Lady of the Pillar Catholic Church, 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 East and West Theresa Streets, from Bloomington to Lolita, from 9:00 a.m. to 9:00 p.m. Sunday, November 6, 1977. In consideration of the closing of said streets, PERMITTEE convenants 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 repair and restore any damaged City property prior to 9:00 p.m.. Sunday, November 6, 1977. 3. 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. 4. 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. 5. To provide street barricades in accordance with a barricade plan, adopted and approved by the Director of the Department of Traffic and Transit., 6. To provide at PERMITTEE'S sole expense, adequate security forces for; crowd control and the protection of persons and property. 7. 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. 8. To clean the permit area and restore it for use by vehicular and pedestrian traffic by 9:00 p.m. Sunday, November 6, 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. �XN "A , 9. 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 described herein. & &4 aW. 4j�FN , r'YHURCH g& t BlporlNrl . p, 0. gm 7981 By. CORPUS CHRISTI, TD(AS 78415 Reverend Monsignor Alvarado Pastor of Our Lady of the Pillar Chatholic Church 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 4200 blocks of West Theresa and East Theresa Streets from 9:00 am to 9:00 p.m. Sunday, November 6, 1977. 2. To permit the use of the streets for a Celebration as described in the 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 October, 1977. CITY OF CORPUS CHRISTI By R. Marvin Townsend, City Manager FX11 .,a.. Corpus Christi, Texas �'� day of , 1 g — 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 THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jason Luby Eduardo de Ases n J71� David Diaz U Ruth Gill Bob Gulley _ Gabe Lozano, Sr. " 11 Edward L. Sample The above ordinance was passed by the following vote: Jason Luby / Eduardo de Ases 11..r. David Diaz �` Q Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward L. Sample 139'78 _ t f� Application for Permit THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES I Our Lady of the Pillar Catholic Church hereinafter referred to as "PERMITTEE ", in order to sponsor a Mexican Fiesta celebration on November 6, 1977, hereby makes application, acting by and through Reverend Monsignor Alvarado, Pastor of Our Lady of the Pillar Catholic Church, 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 East and West Theresa Streets, from Bloomington to Lolita, from 9:00 a.m. to 9:00 p.m. Sunday, November 6, 1977. In consideration of the closing of said streets, PERMITTEE convenants 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 repair and restore any damaged City property prior to 9:00 (PP(m 1. Sunday, November 6, 1977. 3. 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. 4. 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. 5. To provide street barricades in accordance with a barricade plan adopted and approved by the Director of the Department of Traffic and Transit. 6. To provide atDPERMITTEE'S sole expense, adequate security forces for crowd control and the protection of persons and property. 7. 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. S. To clean the permit area and restore it for use by vehicular and pedestrian traffic by 9:00 p.m. Sunday, November 6, 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 ffZPERMITTEE has removed�all-\loose�debr- is,from- .the�permit�aiea. 0 9. 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 described herein. r toGOtir r UR WY_ot -tha pILLgR CHURCH Y 1101 Blooms SL . p, 0. Box 1581 By CORPUS CHMSTI, TEXAS 78415 Reverend Monsignor Alvarado Pastor of Our Lady of the Pillar Catholic Church 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 4200 blocks of West Theresa and East Theresa Streets from 9:00 am to 9:00 p.m. Sunday„ November 6, 1977. 2. To permit the use of the streets for a Celebration as described in the Application for Permit and in accordance with the terms and conditions of City Ordinance No. I3 978 as adopted by the City Council on the /Z TN day of October, 1977. CITY OF CORPUS CHRISTI By pii R. Ma in Townsend, City Manager PUBLISHER'S. AFFIDAVIT STATE OF TEXAS, Iss : , County of Nueces. � Before me, the undersigned, a Notary Public, this day personally came ... ............................... •G1 4ni t+ raa--•--•-•-••--------- .•••• ... .............. who being first duly sworn.- according to law, says that he is the frccotsml3 -------------------------------- - - - - -- 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- .PASSAGE__F•- 0RDINANCE__N0.,,_19.78 .•...,.,._.________ ___•_.._ „_• „__- ._-- __- •••••.___ of which the annexed is a true copy, was published in ......... 811Bx.- Tbma& ................ ....................... _._.�.. on the.- 1.7.... day of. .......... flot giber.......... anAxo"9 tj ftQtk ........................... ....................� ... ekMA VA O .................................. ..._...--- ---- •• -••• . tip, _ y, _ ........ 1•-- ••- -- - --- --------limes. .• `. $.._.44-- 10 .................. - ..... -- .......... ... - ......... .. _.. . Gloria Garza cco g Subscribed and sworn to before me this ......19.......... day of-- ........� .... be r + '� ' Eugenia S. Cortez -S _. ....... - _ :........- ......--. Notary P c, N es County, Texas