HomeMy WebLinkAbout16768 ORD - 12/16/1981AN ORDINANCE
FINDING THAT A PUBLIC FESTIVAL WHIC}I IS TO BE HELD ON
DECEMBER 17, 1981, IS IN THE INTEREST OF THE PUBLIC
WELFARE; CLOSING THE 300 BLOCK OF CHAPARRAL STREET TO
VEHICULAR TRAFFIC FROM 5:00 P.M. UNTIL 11:00 P.M.,
THURSDAY, DECEMBER 17, 1981, FOR SAID FESTIVAL SPONSORED
BY THE DOWNTOWN MERCHANTS ASSOCIATION; PROVIDING FOR
BARRICADES AND EMERGENCY VEHICLE ENTRANCE; PROVIDING FOR
LIABILITY INSURANCE, RESTORATION OF DAMAGED CITY PROPERTY;
REQUIRING PERMITS FOR BEER AND FOOD; REQUIRING COMPLIANCE
WITH CITY CODES; REQUIRING THE SPONSOR TO RESTORE THE AREA
FOR USE BY 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 Downtown Merchants Association has formulated plans for
a public festival to be held between the hours 5:00 P.M. until 11:00 p.m. on
December 17, 1981, in the 300 Block of North Chaparral Street; and
WHEREAS, the purpose of said festival is to provide the public with
musical entertainment; and
WHEREAS, the Downtown Merchants Association has requested that from
5:00 p.m. until 11:00 p.m., Thursday, December 17, 1981, the 300 Block of Chaparral
Street be closed to vehicular traffic; and
WHEREAS, the City Council finds that the proposed festival will be
in the interest of public welfare:
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 300 block of
Chaparral Street from 5:00 p.m. until 11:00 p.m. Thursday, December 17, 1981, so
that the Downtown Merchants Association can sponsor a public festival, and that
said street be barricaded to through traffic. It is directed that said area be
barricaded so as to allow emergency vehicles, such as fire, police and ambulance
vehicles, to enter said area in case of emergency.
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 $500,000 personal injury 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.
16768
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B. Any damages to City property will be restored by the sponsor of
the said festival promptly after the close of event.
C. 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 period of emergency, shall be so maintained
during the full period of the public festival described herein.
D. Sponsor shall provide adequate security forces for crowd control
and the protection of persons and property.
E. After the festival ends, the Sponsor will see that the street is
cleaned and restored to a condition to allow vehicular traffic to 'return to the
street at the expiration of the festival.
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 street are effective for the period beginning at 5:00 p.m. until
11:00 p.m. Thursday, December 17, 1981. However, no part of this ordinance shall
be effective until the City Manager and the authorized representative of the
sponsoring organization 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 'beheld invalid or
unconstitutional by final judgment of a court of competent jurisidiction, 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 word, or
provision hereof be given full force and effect for its purpose.
SECTION 6. That upon written request of the Mayor or five Council
members, copy attached, to find and declare an emergency due to the need for
efficient administration of City affairs and in providing measures to aid the
public in enjoyment of the festival as hereinabove described, such finding of
an emergency is made and declared requiring suspension of the Charter rule as
to consideration and voting upon ordinances or resolutions at three regular
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meetings so that this ordinance is passed and shall take effect upon first
reading as an emergency measure this the 16th day of December, 1981.
ATTEST:
City Secretary MAYOR
APPROVED:
16th DAY OF DECEMBER, 1981:
J. BRUCE AYCOCK, CITY ATTORNEY
By
HE CITY 0 CORPUS CHRISTI, TEXAS
THE STATE OF TEXAS
COUNTY OF NUECES
APPLICATION/PERMIT
KNOW ALL MEN BY THESE PRESENTS:
Application
•
The Downtown Merchants Association hereinafter referred to as "PERMITTEE",
in order to sponsor a public festival, hereby makes application, acting through
Mr. Miguel Pro, President of the Downtown Merchants Association, to the City of
Corpus Christi, acting by and through Ernest Briones, Acting City Manager, for
the closing of vehicular traffic in the 300 block of Chaparral Street, from
5:00 p.m. through 11:00 p.m. Thursday, December 17, 1981. 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 $500,000 fT for each accident and $100,000 property
damage.
3. To repair and restore any damaged City property prior to 8:00 a.m. Friday,
December 18, 1981.
4. To provide street barricades in accordance with a barricade plan adopted
and approved by the Director of the Department of Traffic & Transit.
5. To provide adequate security forces for crowd control and protection of
persons and property.
6. To clean the permit area and restore it for use by vehicular and pedestrian
traffic by 8:00 a.m. Friday, December 18, 1981.
7. 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
Miguel Pro, Downtown Merchants Assoc.
PERMIT
In consideration of the foregoing representation and commitments, the City
of Corpus Christi agrees:
1. To close to vehicular traffic the 300 block of Chaparral Street from
5:00 p.m. through 11:00 p.m. Thursday, December 17, 1981.
2. To permit the use of the streets for a festival as described in the
Application for Permit submitted by the Downtown Merchants Association
and in accordance with the terms and conditions of City Ordinance
No.
adopted by the City Council on the day of
December, 1981.
CITY OF CORPUS CHRISTI, TEXAS
By
Ernest Briones, Acting City Mgr.
Corpus Christi, Texas /
// day of�� �/� 1981
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance or resolution,
an emergency exists requiring suspension of the Charter rule as to consideration and voting
upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you
suspend said Charter rule and pass this ordinance or resolution finally on the date it is
introduced, or at the present meeting of the City Council.
Respectfully, Respectfully,
Council Members
MAY
THE CITY1F CORPUS CHRISTI, TEXAS
The above ordinance was passed by the followin. vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
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