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Home My WebLink About14979 ORD - 07/03/1979JKH:rr:7-3-79 AN ORDINANCE FINDING THAT THE FESTIVITIES CELEBRATING FOURTH OF JULY BY THE COASTAL BEND CHAPTER OF MUSCULAR DYSTROPHY ASSOCIATION AND THE PEOPLES ALLEY MERCHANTS, ARE IN THE INTEREST OF THE PUBLIC WELFARE; CLOSING THE 400 BLOCK OFiPEOPLES STREET TO VEHICULAR TRAFFIC FROM 12:00 NOON WEDNESDAY, JULY 4, 1979 THROUGH 12:00 MID- NIGHT WEDNESDAY, JULY 4, 1979, FOR SAID FESTIVITIES SPONSORED BY THE COASTAL BEND CHAPTER OF MUSCULAR DYSTROPHY ASSOCIATION AND THE PEOPLES ALLEY MERCHANTS; PROVIDING FOR BARRICADES AND EMERGENCY VEHICLES ENTRANCE, LIABILITY INSURANCE, RESTROOMS, OBTAINING AN ALCOHOLIC AND FOOD PERMIT. REQUIRING THE SPONSOR TO RESTORE THE AREA FOR USE BY VEHICULAR TRAFFIC; COMPLIANCE WITH CITY CODES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED APPLICATION/PERMIT; PROVIDING FOR SEVERENCE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Coastal Bend Chapter of Muscular Dystrophy Association and the Peoples Street Merchants have formulated plans for a fourth of July celebration to be held from 12:00 Noon Wednesday, July 4 through 12:00 Mid- night Wednesday, July 4, 1979; and WHEREAS, the purpose of said celebration is to provide Public Recreation to the citizens of Corpus Christi and to create awareness of the Coastal Bend Chapter of Muscular Dystrophy Association; and WHEREAS, the Coastal Bend Chapter of Muscular Dystrophy Association and the Peoples Alley Merchants have requested thatfrom 12:00 Noon Wednesday, Jyly 4 through 12:00 Midnight Wednesday, July 4, 1979, the 400 block of Peoples Street be closed to vehicular traffic; and 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 12:00 Noon Wednesday, July 4, through 12:00 Midnight Wednesday, July 4, 1979 so that the Coastal Bend Chapter of Muscular Dystrophy Association and the Peoples Street Merchants can co-sponsor a public street dance and that said areas be barricaded to through traffic. It is directed that said areas 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 the vehicles of the City or Utilities companies furnishing public utilities such as electrical, gas, water and telephone service to said areas be permitted to enter said areas in case of an emergency MICROFILMED,. c. 14979 SECTION 2. That in maintaining the street closed by this ordinance, the following regulations shall be observed: A. Liability insurance shall be furnished free of cost to the City, protecting against liability to the public. Such insurance shall have policy limits of at least $100,000 personal injury up to $300,000 per accident, and $100,000 property damage, and shall name the City of Corpus Christi, Texas as an insured. A Certificate of Insurance in the above amounts shall be furnished to the City Secretary and approved by the City Attorney with the application and permit provided for hereinafter. B. Any damages to city property will be restored by the sponsor of the said celebration promptly after the close of said dance. C. To obtain the appropriate alcoholic and food permits. D. Restrooms will be provided by the sponsor. E. 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 vehicles and pedestrian traffic. F. Sponsor shall provide and erect street barricades in accordance with a barricade plan as determined and approved by the Director of Traffic and Transit. Such barricades, except for periods of emergency, shall be so main- tained during the full period of the public street dance described herein. G. Sponsor shall provide adequate security forces for crowd control and the protection of persons and property. H. After the celebration ends, the Sponsor will see that the streets are cleaned and restored to a condition to allow vehicular traffic to return to the streets at the expiration of the celebration. SECTION 3. The City Manager is authorized to execute the attached application/permit for and on behlaf 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 12:00 Noon Wednesday July 4, through 12:00 Midnight Wednesday, July 4, 1979. However, no part of this ordinance shall be effective until the City Manager and the authorized representative of the sponsoring organization execute the afore- -2- mentioned application/permit, and the Certificate of Insurance is approved and filed. SECTION 6. 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 seciton, 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 for a fourth of July celebration sponsored by the Coastal Bend Chapter Muscular Dystrophy Association and the Peoples 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, having requested the suspension of the Charter rule and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this day of July, 1979. ATTEST: Ci y Secretary APPROVED: DAY OF JULY, 1979: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City, MAYOR THE CI OF CORPUS CHRISTI, TEXAS THE STATE OF TEXAS 1 COUNTY OF NUECES 1 APPLICATION/PERMIT KNOW ALL MEN BY THESE PRESENTS: Application The Coastal Bend Chapter of the Muscular Dystrophy Association hereinafter referred to as "PERMITTEE", together with the Peoples Street Merchants in order to sponsor a fourth of July celebration, hereby makes application, acting through Mr. Chris Creamer, Muscular Dystrophy District Director, its duly authorized re- presentative, to the City of Corpus Christi, acting by and through R. Marvin Townsend, City Manager, its duly authorized representative, for the closing of vehicular traffic of the 400 block of Peoples Street, from 12:00 Noon Wednesday, July 4, through 12:00 Midnight Wednesday, July 4, 1979. In consideration of the closing of said street, PERMITTEE covenants and agrees to perform the following conditions, to wit: 1. To allow emergency vehicles to use such area 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 $100,000 property damage. 3. To repair and restore any damaged City property prior to 9:00 am Thursday, July 5, 1979. 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 construct all displays in accordance with the appropriate City Codes. 6. To provide adequate public 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 adequate security forces for crowd control and protection of persons and property. 9. To provide adequate control of parking in the area. 10. To clean the permit area and restore it for use by vehicular and pedestrian traffic by 9:00 am Thursday, July 5, 1979. 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. By Chris Creamer, Muscular Dystrophy Assoc. -2- PERMIT In consideration of the foregoing representation and commitments, the City of Corpus Christi agrees: 1. To close to vehicular traffic the 400 block of Peoples Street from 12:00 Noon Wednesday, July 4 through 12:00 Midnight Wednesday July 4, 1979. 2. To permit the use of the streets for a celebration as described in the Application for Permit submitted by the Muscular Dystrophy Association and in accordance with the terms and conditions of City Ordinance No. as adopted by the City Council on the day of June, 1979. CITY OF CORPUS CHRISTI, TEXAS BY R. Marvin Townsend, City Manager Corpus Christi, 3 day of xas , 1929' 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, 1/ MAYOR'"� /�~• TOE CIT'tiF CORPUS CHRISTI, TEXAS The Charter rule was suspend-. by the following vote: Luther Jones i Edward L. Sample 41!, Dr. Jack Best If David Diaz Jack K. Dumphy 1. , Betty N. Turner Or Cliff Zarsky %!, The above ordinance was pas by the following vote: Luther Jones Edward L. Sample '.. Dr. Jack Best 1 David Diaz 1 Jack K. Dumphy Betty N. Turner Cliff Zarsky 149'79