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HomeMy WebLinkAbout17565 ORD - 04/13/1983AN ORDINANCE CLOSING THE 300 BLOCK OF TWENTY-FIRST STREET TO VEHICULAR TRAFFIC FROM 11:00 A.M. UNTIL 5:00 P.M. ON SUNDAY, APRIL 17, 1983, AUTHORIZING EXECUTION OF ATTACHED APPLICATION PERMIT; AND DECLARING AN EMERGENCY. WHEREAS, the Westside Business Association has formulated plans for a De Pineda Benefit Barbecue to be held on Sunday, April 17, 1983, from 11:00 a.m. until 5:00 p.m.; and WHEREAS, this will be a public fiesta featuring refreshments and musical entertainment; and WHEREAS, the proceeds from this fund raising event will be used to help pay for a bronze monument to Captain Alonzo Alvarez de Pineda, later to be erected in De Pineda Park; and WHEREAS, the Westside Business Association has requested that from 11:00 a.m. until 5:00 p.m. on Sunday, April 17, 1983, one block of Twenty -First Street, between Laredo and Agnes Streets, be closed to vehicular traffic; and WHEREAS, the City Council finds thats that the proposed De Pineda Benefit Barbecue will be in the interest of the 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 Twenty -First Street from 11:00 a.m. until 5:00 p.m. on April 17, 1983, so that the Westside Business Association can sponsor a De Pineda Benefit Barbecue and that said areas be barricaded to through traffic. In addition to the above stated street closure by this ordinance, the sponsor of the De Pineda Benefit Barbecue is granted the exclusive use of the street and adjoining public right-of-way. SECTION 2. That in maintaining the street and public areas closed by this ordinance, the following regulations shall be observed: A. 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 vehicles of the City or utility companies furnishing public utilities, such as 1a1L1tur�uVI[D SEp'48 1984 17565 electricity, gas, water, and telephone service to said areas, be permitted to enter said areas in case of an emergency. B. Liability insurance shall be furnished free of cost to the City, protecting against liability to the public and De Pineda Benefit Barbecue participants, including volunteer workers. Such insurance shall have policy limits of at least $500,000 for bodily injury and property damage combined, and shall name the City of Corpus Christi, Texas, and the Westside Business Association as insured. 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. C. That the approval of all adjacent property owners affected by the street closure be obtained. D. Any damage to City property will be restored by the sponsor of the aforesaid festival promptly after the close of the event. E. Any work which involves holes or other changes in the pavement, curbs, or sidewalks, must be approved by the City Transportation Director and no such approval may be given if the work will require repair by the City. F. Appropriate permits must be obtained from the Alcoholic Beverage Commission for the sale of beer and the City -County Health Department for the sale of foods. G. The construction work for displays within the areas 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 and after furnishing adequate assurance that all damages will be remedied by the permittee. H. That certain barricades and adequate security forces for crowd control and protection of persons and property be provided. I. No paint or markings shall be permitted which in any way obliterates or defaces any pavement markings heretofore existing for the guidance of any motor vehicle. J. That continuous cleaning of the site area will be provided throughout the event and that after the Benefit Barbecue is over, the sponsor will restore the street to a condition to allow vehicular and pedestrian traffic to return to the streets prior to 7:00 p.m. on April 17, 1983. Sponsor agrees to pay the City all of the cost of the City crew cleanup, i.e., hosing down, push-brooming sidewalks and streets, and running street sweeper, with the understanding that there will be no such cleanup charge if the sponsor has removed all loose debris and adequately cleaned the Permit area. 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 11:00 a.m. through 5:00 p.m. April 17, 1983. 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 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. Publication shall be made one time in the official publication of the City of Corpus Christi by publishing the caption of this ordinance, stating in substance the purpose of the ordinance. 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 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 7. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need to approve the closing of the abovementioned street so that plans for the De Pineda Benefit Barbecue can be formulated, 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 meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the 13th day of April, 1983. ATTEST: —Cit ecretary MAYOR THE CITY f CORPUS CHRISTI, TEXAS APPROVED:/.3DAY OF APRIL, 1983 iBr cc/ ck, Cy Attorney THE STATE OF TEXAS § COUNTY OF NUECES § APPLICATION/PERMIT KNOW ALL MEN BY THESE PRESENTS: Application The Westside Business Association, in order to sponsor a De Pineda Benefit Barbecue on Sunday, April 17, 1983, hereby makes application, acting by and through Mr. E. G. Estrada, Event Chairman, to the City of Corpus Christi, acting by and through Mr. Edward Martin, its duly authorized representative, for the closing to vehicular traffic of the 300 block of Twenty -First Street, from 11:00 a.m. until 5:00 p.m. on Sunday, April 17, 1983; and granting the exclusive use of the street and adjoining public right-of-way to the sponsor of aforesaid Benefit Barbecue. In consideration of the closing of said street and the use of said public areas, the sponsoring organization hereby agrees: 1. To allow emergency vehicles to use such areas as may be required in said areas. 2. To furnish liability insurance in the amounts of at least $500,000 for bodily injury and property damage combined, naming the City as coinsured, a Certificate of which is attached hereto. 3. To obtain the approval from all adjacent property owners affected by the street closure. 4. To restore any damaged City property promptly after the date of the Benefit Barbecue. 5. To obtain the approval of the Director of Transportation for any work which requires holes or other changes in the pavement, curb, or sidewalk. 6. To obtain the appropriate beer and food permits. 7. To construct all displays in accordance with the appropriate City codes, and furnish adequate portable restrooms. 8. To provide certain barricades and adequate security forces for crowd control and protection of persons and property. 9. To not obliterate or deface any pavement markings heretofore existing for the guidance of motor vehicles. 10. To provide for continuous cleaning of the site area throughout the event and to restore the street for use for vehicular traffic after the close of the Benefit Barbecue for use by vehicular and pedestrian traffic prior to 7:00 p.m. on Sunday, April 17, 1983. Sponsor agrees to pay the City all of the cost of the City crew cleanup, i.e, hosing down, push-brooming sidewalks and streets, and running street sweeper, with the understanding that there will be no such cleanup charge if the sponsor has removed all loose debris and adequately cleaned the permit area. WESTSIDE BUSINESS ASSOCIATION By Title 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 Twenty -First Street, from 11:00 a.m. until 5:00 p.m. on Sunday, April 17, 1983. 2. To allow the use of the street, sidewalks and adjoining right-of-way for the activities of the De Pineda Benefit Barbecue. 3. To allow the sale of beer, food, and the various De Pineda Benefit Barbecue activities. 5. To provide certain detour signs and crowd protection. CITY OF CORPUS CHRISTI, TEXAS By Edward A. Martin, City Manager Approved: Department Head Corpus Christi, Texa /0ay of 1983 - 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 MAYOR TH The above ordinance was passed Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky Aler " ITY OF CORPUS CHRISTI, TEXAS the following vote: 17565 Z1Z ••• NOTICE OF PASSAGE ORDINANCE • NO. 17563 CLOSING THE 300 BLOCK. OF TWENTY-FIRST STREET TO VEHICULAR TRAFFIC FROM 1 1:0 0. A.M. UNTIL 5:00 P.M. ON SUNDAY, APRIL 17, 1913, AUTHORIZING EXECU.' TION OF ATTACHED APPLICATION PERMIT; AND•DECLARING AN EMERGENCY. Was passed and approved by the City Council of the City of Corpus Christi, Tex- as on the 13th day of April, 1913, The full text of said ordinance is available fa the public In the Office of the City Secretary, 4.13111G. Read City Secretary Corpus Christi, Taxes STATE OF TEXAS, tss. County of Nueces. . #13760. PUBLISHER'S AFFIDAVIT CITY Oil CORPUS CHRISTI ns(s Before me, the undersigned, a Notary Public, this day personally came. ._ ANNA GARZA who being first duly sworn, according to law, says that he is the ACCOUNTING CLERK of the Corpus Christi Caller and The Corpus Christi limes, Daily Newspapers published at Corpus Christi, Texas,, in said County and State, and that the publication of NOTICE OF PASSAGE OF ORDINANCE of which the annexed is a true copy, was published in CORPUS CHRISTI CALLER -TIMES on the_16 _ day oi— APRIL 19..2, and once each DAY _.__.thereafter for ONE consecutive DAY ANNA GARZA ACCT CLERK Subscribed and sworn to before me thin .._1 9 th_ day of _ APRIL _ 19 83 EUGENIA S. CORTEZ• I�....__: otary,Rublic, Nueces County, T