HomeMy WebLinkAbout025318 ORD - 05/27/2003ORDINANCE
AUTHORIZING THEISSUANCE OF AN OUTDOOR MUSIC FESTIVAL
PERMIT TO CLEAR CHANNEL RADIO FOR "C SCULPTURES," ON
THE GULF BEACH AT NEWPORT PASS COUNTY PARK;PROVlDING
FOR SEVERANCE;AND DECLARING AN EMERGENCY
WHEREAS, Clear Channel Radio has submitted an application to sponsor the annual
"C-Sculptures" festival on Mustang Island; and
WHEREAS, Clear Channel Radio and radio station C-101 will be providing live
entertainment during the festival that requires outdoor music festival permit under Article
of Chapter 33, Code of Ordinances; and
WHEREAS, Clear Channel Radio, sponsor of the proposed "C-Sculptures" outdoor
music festival will be held on Nueces County's Newport Pass property on Mustang
Island, including the beach along the Gulf of Mexico; and
WHEREAS, the beach along the Gulf of Mexico is subject to the Texas Open Beaches
Act, Clear Channel Radio, the promoter of the proposed "C-Sculptures" outdoor music
festival does not have any authority to limit the number of on the beach, the promoter
technically cannot comply with the requirements of Section 33-89(c)(6), Code of
Ordinances, which requires the promoter to address the measures the promoter will
take to limit the maximum attendance at the event; and
WHEREAS, Clear Channel Radio, the promoter of the "C-Sculptures" outdoor music is
in the process of arranging for the appropriate support from the City's police
department, other law enforcement agencies, and private security services to provide
for traffic control, crowd control, and other security issues; and
WHEREAS, Clear Channel Radio, promoter of the proposed "C-Sculptures" outdoor
music festival failed to comply with the requirements of Section 33-89(d)(4), Code of
Ordinances, since the promoter did not provide a statement whether the promoter or
any of the promoter's employees or agents have ever been convicted of any crime
regarding misappropriation of funds, theft, burglary, or robbery, which is required when
an outdoor music festival is held on private property; and
WHEREAS, while the "C Sculptures" event will be held on public property, the event will
be held on public property owned by Nueces County, and since the City has no direct
interest in the promoters ability to meet its financial commitments to the County, the City
could waive the provisions of the City's ordinance intended to protect the City's financial
obligation;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. Under the authority of Section 33-98, Code of Ordinances, the City
Council varies the requirements of the Section 33-89(c)(6) and (d)(4), Code of
R32718A2.,doc
Ordinances, and finds that Clear Channel Radio is otherwise in compliance or actively
taking steps to comply with the applicable requirements for issuance of an outdoor
music festival permit.
SECTION 2. The City Council authorizes the City Manager, or the City Manager's
designee, to issue of an outdoor music festival permit to Clear Channel Radio for the "C
Sculptures," on the Gulf Beach at Newport Pass Park in Corpus Christi City Limits, upon
execution of police services agreement, approval of the fire prevention plan by the City's
Fire Marshall, and obtaining the required temporary certificate of occupancy by the
City's Building Official.
SECTION 3. 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 of this ordinance be given full force and effect for its purpose.
SECTION 4. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is_.pa~ssed and takes effect
upon first reading as an emergency measure on this the ,~'r-~ay of
,2003.
ATTEST:
Armando Chapa
City Secretary
APPROVED: This 22nd day of May, 2003:
R.J~3~PZ~' ' g//
Acting City Attorney
Mayor
R32718A2.doc 2
Corpus Christi, Texas
TO THE MEMBERS (~F THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: I/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
Samuel L. Neal, Jr. / U
Mayor
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
R32718A2.doc
3