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HomeMy WebLinkAbout025489 ORD - 09/16/2003ORDINANCE AMENDING A FIVE YEAR LEASE WITH BAYFEST, INC. APPROVED BY ORDINANCE NO. ~023972 TO CONDUCT A FESTIVAL AND RELATED ACTIVlTIES~ ON THE SIDEWALKS, MEDIANS, AND SEAWALL ALONG SHORELINE BOULEVARD FROM IH 37 TO THE CONVENTION CENTE~ COMPLEX, THE BARGE DOCK AND ADJACENT BAY WAIl'ERS, AND THE VACANT CITY BLOCK BOUNDED BY RESAC~, FITZGERALD, CHAPARRAL AND WATER STREETS ("PREMISESl'), TO REVISE DATES FOR YEARS 2003 AND 2004; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION WHEREAS, the City Council of the City of Corpus lease with Bayfest to allow Bayfi activities on the sidewalks, medi between Interstate Highway 37; Barge Dock; and the vacant city and Water Streets ("Premises"), $250 permit fee and 100% of thc Christi authorized a five-year ~st to conduct the Bayfest Festival and related ~ns, and seawall along Shoreline Boulevard ~nd the Bayfront Arts and Science Park; the block bounded by Resaca, Fitzgerald, Chaparral in consideration of Bayfest paying a one-time , cost of City services for event support, NOW, THEREFORE, BE IT ORpAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXASi SECTION 1. That the City ManCger, or the City Manager's designee, is authorized to execute an amendment to the fi~/e year lease with Bayfest, Inc. to revise the dates the Premises may be used exclusively and non-exclusively by Bayfest for the years 2003 and 2004. A copy of the amendment is on file with the City Secretary. SECTION 2. 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 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. AMENDMENT NO. 1 TO BAYFEST FIVE YEAR LEASE AGREEMENT WHEREAS, the City of Corpus Christi (City) and Bayfest, Inc. (Bayfest) executed the Bayfest Five Year Lease Agreement (Agreement) a~thorized by City Council on March 21, 2000 which allowed Bayfest the non-exclusive and exclusive use of certain City property for dates established in Exhibit B to the Agreement; and WHEREAS, Bayfest desires to resche~ule its dates of use of the property referenced in the Agreement; NOW, THEREFORE, the parties agree as follows: 1. Exhibit B is amended to revise the dates for years 2003, and 2004 to read as follows: YEAR NON-EXCLUSIVE EXCLUSIVE 2O03 8:00 a.m. Monday, Sept. 8, 2~003 through 8:00 p.m. Sunday Sept. 28, 2003 12:00 p.m. Thursday, Sept. 18, 2003 through Sunday September 21, 2003 2OO4 8:00 a.m. Monday, Sept. 13, 2003 through 8:00 p.m. Sunday OCtober 3, 2004 12:00 p.m. Thursday, Sept. 23, 2004 through Sunday September 26, 2004 2. All other terms and conditions of the original Bayfest Five Year Lease Agreement remain the same. City of Corpus Christi Bayfest, Inc. George K. Noe Name: City Manager Title: Attest Armando Chapa City Secretary Approved as to form: Lisa Aguilar Assistant City Attorney for City Attorney 2 That the foregoing ordinance w~s rea~ for the first reading on this the iCC`n`` day of /.~:~tx~-I Samuel L. Neal, Jr. ~ Bill Kelly /'~ u,(., Rex A. Kinnison Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Jesse Noyola Mark Scott time and passed to its second ,2003, by the following vote: That the foregoing ordnance was read for the second time and passed finally O1~ this day of ~, 2003 by the following vote: the Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Soott ATTEST: Armando Chapa City Secretary APPROVED: August 15, 2003 Lisa Aguilar Assistant City Attorney for City Attorney july 22 bayfest amendment DOC PUBLISHER'S AFFIDAVIT State of Texas } County of Nueces } SSi CITY OF CORPUS CHRISTI Ad # 46762O4 PO # Before me, the undersigned, Hinoiosa, who being first dul' Manager of the Corpus Cht Corpus Christi in said City Brooks, Duval, Jim Hogg, Nueces, Refugio, San Patri, publication of, NOTICE OF is a true copy, was inserted i Wide Web on the Caller-Tim 2003. $98.68 TWO (2) Time(s} a Notary Public, this day personally came Diana sworn, according to law, says that she is Credit ;ti Caller-Times, a daily newspaper published at and State, generally circulated in Aransas, Bee, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, :lo, Victoria and Webb Counties, and that the ~ASSAGE OF ORDINANCE NO. which the annexed the Corpus Christi Caller-Times and on the World s Interactive on the 21ST day(s) of SEPTEMBER, Credit Manager Subscribed and sworn to me on the date of SEPTEMBER 22, 2003. Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. ~Co~pus Christi CallertTimes Sunday, September 21, 2003/~'- - OF ORDINANCE NO. 025489 Amending a five-year lease with Bayfest, Inc. approved by Ordinance No. 023972 to COnduct a festival and related activities on the sidewalks, medians and seawall along Shoreline Boulevard from tnterstete Highway 37 to the convention center complex, the barge dock and adjacent bay waters and the vacant city block bounded by Resaca, Fitzgerald, Chaparral and Water Streets (premises) and to revise dates for years 2003 and 2004. This ordinance was passed and approved on its seCOnd reading by the City Council of the City of Corpus Christi on September 16, 2003. /s/Armando Chapa Ca,/Secretary L city of comus C~ricti