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HomeMy WebLinkAbout14488 ORD - 09/06/1978JKH:vp:8- 22- 78:1st, AN ORDINANCE FINDING THAT THE MEXICAN FIESTA CELEBRATION BY OUR LADY OF THE PILLAR CATHOLIC CHURCH, ON NOVEMBER 5, 1978, 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 5, 1978, FOR SAID FESTIVITIES SPONSORED BY OUR LADY OF THE PILLAR CATHOLIC CHURCH; PROVIDING FOR BARRICADES AND EMERGENCY VEHICLE ENTRANCE; PROVIDING FORaRESTORATION OF DAMAGED CITY PROPERTY, APPROVAL OF THE ENGINEERING AND PHYSICAL DEVELOPMENT DIRECTOR FOR CERTAINVCHANGES, 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. WHEREAS, our Lady of the Pillar Catholic Church has formulated plans for a Mexican Fiesta Celebration to be held on November,5; 1978, 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 5, 1978, 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: 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 5, 1978 so that • y;a Our Lady of the Pillar Catholic•Church may sponsor as�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 emer- ti ra: ;, a bency. 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 eme cy. 800Lft � tA_ SECTION 2. That in maintaining the street closed by this ordinance, the following 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 5, 1978. 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 here- tofore 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 5, 1978. Permittee shall pay the City one -half of the cost of the City crew cleanup, 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 cleanup charge if Permittee has removed all loose debris from the permit area. -2- 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 5, 1978. The other pro -' visions 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 afore- mentioned 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. ' t 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 5, 1978, hereby makes application, acting by and through Father Pedro J. McNamara, 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 5, 1978. 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 repair and restore any damaged City property prior to 9:00 p.m. Sunday, November 5, 1978. 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 5, 1978. PERMITTEE agrees ,tYt ..- .`-�,. 'v,� - _.:3, -- ���4 °.r�� � - *;_ �• - 'ens _ `•i e',. `••a^, to pay the City one -half of the cost of the City crew cleanup, 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 cleanup charge if PERMITTEE has removed all loose debris from the permit area. 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. By Father Pedro McNamara, Pastor Our Lady of the Pillar Catholic Church PERMIT 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 a.m. to 9:00 p.m. Sunday, November 5, 1978. 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 , 1978. CITY OF CORPUS CHRISTI By R. Marvin Townsend, City Manager That the foregoing ordinance was read for second reading on this the A3 day he first time and pass d to its of following vote: ig*7 6y the Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample That the foregoing ordinance was read for third reading on this the 30 day of he secon time and pa Wed to its following vote: Gabe Lozano, Sr. Bob Gulley David Diaz 19 AP , by the Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample That the foreg ing ordina vas read for the thir time on this the_�day of Gabe Lozano, Sr. Bob Gulley David Diaz and passed finally 19 by the following vote: Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample PASSED AND APPROVED, this the-day of lg 7? ATTEST: y Secretary MAYOR APPROVED: /� THE C TY OF 0 CHRISTI, TEXAS ?,:f2 DAY OfZ-ECC 19'7R: J. BRUCE AYCOCK, CITY ATTORNEY By --- ..& 4—A AssistWi tto rney a1 r ! -j I ..as 1� �w� t .t NO IT CE OF PASSAGE OF ORDINANCE. No. 14480 FINDING THAT TEiE MEX! CAN FIESTA CELEBRAI TION BY OUR LADY OF THE ; PILLAR CT OL I C CHURCH, ON NOV MBER 5 ' 1978, IS IN THE INTEREST - OF THE PUBLIC WELFARE; CLOSING THE 4100 BLOCK OF WEST THERESA AND THE 4100 BLOCK OF EAST y�f+ THERESA, FROM 8100- 'i 4 1 �• -�,t,YN} }`,e,,, LOLI IREET, T TO ST i$ TRAFFIC FROM 9:00 A M. M 9;00 P.M.,' ON SUNDAY, Nd VEMBER 5, 1978, FOR SAID FESTIVITIES SPONSORED THE BY OUR LADY OF THE PIL- l LAIR CATHOLIC ING CA DES AND EMERGENCY VEHICLE ENTRANCE; PRO 1Z k •� IVIDIN. FOR RESTORATION OF DAMAGED CITY PROP- ` °) iERTY, APPROVAL OF THE ` i• `!Ft 'ENGINEERING /6°1D PHYS- ICAL DEVELOP7y1ENT DI- 1 t (RECTOR -FOR CERTAIN ,4 �CHANG ES, REQUIRING IPERMI75 FOR BEER AND FOOD, COMPLIANCE WITH I CITY CODES AND PROHIB• ITING PAINTINGS OR ON STREETS IMARKINGS (AND TRAFFIC CONTROL DEVICES; REQL!I RING THE SPONSOR TO RESTORE THE AREA FOR USE FOR VE• AU- r y' ��} _ .� 7 HICULAR TRAFFIC; 'OR""' THE CITY MAN- ° AGER TO EXECUTE THE ATTACHED APPLICATION i 'PERMIT; PROVIDING FOR IAN EFFECTIVE DATE; FOR PUB- ° ' IPROVIDING LICATION; PROVIDING FOR SEVERANCE. WAS PASSED AND AP- ° PROVED by the CIN Council of Corpus Christi, Texas during , \\ 111e Regular Council Meeting held on Septemberides 8:00 P• t aM prw that it, ,Shall be in full force and effect - from and after ' ts passage and publicaHen one time in the offl- r 'dal publication of the City of (Corpus Christi, Texas. ISSUED UNDER MYI HAND the =City of Cor- ' AND SEAL of pus Christ, Texas ihij Tlh day of Li�� ber, 1978. ' - s•8111 Read I Corpus Chris ti t • i • PUBLISHER'S AFFIDAVIT k STATE OF TEXAS' �ss: 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 AccountingbClerk ••----••• • .... .................. ........ 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 Legals•••,•_NOTICE•.OF- .PASSAGE OF ORDINANCE NO 14488 of which the annexed is a true copy, was published in Caller T "imes ' on the il•-- - - -- day of- ---..... Sept ...................... 19...... -., alk once each ............................ thereafter for............................ 1 consecutive ........................... J)ay.....- .................. .......... 1. ................... Times. $_46.20 46.20 . ........................ Cl'a •- a :. S7no Iihk3 .. . .. ........ . ..... .......... .... ._...... -_.. Subscribed and sworn to before me this .--- ._- 30 ......... day of. Sept 19.......... 78 WW -Glenn _......... ___ _ `- ...... - ......... . .............. . .. r Notary Public, Nueces County, Texas