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HomeMy WebLinkAbout19376 ORD - 07/01/1986AN ORDINANCE AUTHORIZING THE EXECUTION OF A CONTRACT FOR A FIREWORKS DISPLAY ON JULY 4, 1986; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute a contract with Atlas Enterprises, Inc. for a fireworks display on July 4, 1986, all as more fully set forth in the contract, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need of executing the abovementioned contract at the earliest practicable date, 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 1st day of July, 1986. ATTEST: Citi Secretary ca„ APPROVED: / DAY OF JULY, 1986 05P.194.01 MAYOR THE CITY IF CORPUS CHRISTI, TEXAS 19376 MICROFILMED THE STATE OF TEXAS § COUNTY OF •NUECES § KNOW ALL BY THESE PRESENTS: For and in consideration of the payments and undertakings stated herein, the City of Corpus Christi, Texas, hereinafter called "City" and Atlas Enterprises, Inc., hereinafter called "Atlas," covenant and contract as follows: I Atlas Enterprises, Inc. agrees to supply and perform a fireworks display on July 4, 1986, at approximately 9:15 - 9:30 p.m. on a barge to be furnished at no expense to Atlas off the T -heads at Corpus Christi, Texas, at a location designated by the Marina Superintendent in accordance with the provisions hereof. II Atlas Enterprises, Inc. will provide all fireworks, and materials necessary for said display (unless herewith noted otherwise), together with a trained firing team which will set up, fire, and dismantle the display. All employees of Atlas Enterprises, Inc. are covered by Workmen's Compensation Insurance. Atlas Enterprises, Inc. agrees to have in force at the time of said display, Public Liability Insurance on said fireworks display covering Atlas Enterprises, Inc. and the sponsors and committees under whose auspices the display is fired. Said Public Liability Insurance shall be in the following amounts: $1,000,000 any one loss or occurrence and in the aggregate as respects Bodily Injury Liability or Property Damage Liability, or Bodily Injury Liability and Property Damage Liability combined. Atlas agrees to cause the City of Corpus Christi to be a named insured on this policy and to provide a certificate to that effect for the approval of the City Attorney prior to the date of the event. III Atlas shall have the right, at any time, either before or during the program to discontinue same if it shall determine that weather conditions are unfavorable or that the program cannot be put on or continued without endangering the spectators or other persons or property. City shall furnish a sufficient number of police or auxiliary policy to control the crowd and keep it out of the firing area. Atlas shall also obtain, from the proper authorities, any required display permits for said Fireworks presentation. In event that the display cannot be put on at the time aforesaid, City may (1) postpone the display to an alternate date mutually agreeable between City and Atlas in which instance City shall pay, in addition to the price aforesaid, only such further expenses as are actually incurred by Atlas due to said postponement; or (2) 05P.194.01 cancel the display upon payment to Atlas of actual expenses incurred plus 5 percent of the contract price. IV For and in consideration of said fireworks display by Atlas, City agrees to pay the sum of $7,500.00. • Signed this the day of July, 1986, binding the respective parties hereto. ATTEST: CITY OF CORPUS CHRISTI, TEXAS Armando Chapa, City Secretary Craig A. McDowell, City Manager Assistant City Manager APPROVED: / DAY OF JULY, 1986 ATLAS ENTERPRISES, INC. 05P.194.01 • Corpus Christi, A124i day of , 198 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 jOf MAYIR THE r Y OF CORPUS CHRISTI, TEXAS The above ordinance was passe by the following vote: Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong 19376