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HomeMy WebLinkAbout026231 ORD - 04/26/2005 ORDINANCE AUTHORIZING THE ISSUANCE OF A BEACH FESTIVAL PERMIT TO CLEAR CHANNEL BROADCASTING, INC. FOR "C SCULPTURES," ON THE GULF BEACH AT NEWPORT PASS COUNTY PARK; PROVIDING FOR SEVERANCE; AND DECLARING AN EMERGENCY WHEREAS, Clear Channel Broadcasting, Inc, ("Promoter") has submitted an application to sponsor the annual "C-Sculptures" festival on the Gulf Beach at Newport Pass County Park that requires a beach festival permit under Article XI of Chapter 10, Code of Ordinances; WHEREAS, the proposed "C-Sculptures" beach festival will be held on Nueces County's Newport Pass property on Mustang Island, including the beach along the Gulf of Mexico; WHEREAS, the beach along the Gulf of Mexico is subject to the Texas Open Beaches Act, WHEREAS, Promoter 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 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1, The City Council authorizes the City Manager, or the City Manager's designee, to issue of a beach festival permit to Clear Channel Broadcasting, Inc, for the "C Sculptures," on the Gulf Beach at Newport Pass Park in Corpus Christi City Limits, on June 11, 2005 from 8:00 a,m, to 5:00 p,m, upon Promoter's compliance with all provisions of Article XI of Chapter 10 of the Code of Ordinances; including but not limited to, execution of police services agreement, approval of the fire prevention plan by the City's Fire Marshal, and obtaining required temporary certificate of occupancy by the City's Building Official. However, upon Promoter's agreement to remove temporary structures, properly dispose of trash, restore festival site to its former condition, and reimburse City for City's costs incurred, the bond required in Section 10-115(4) is waived, 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. 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 June 11, 2005 C Sculptures .doc n)CJ01 J.... \) (....) and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is ~ssed and takes effect upon first rf8:~i~ ~srn emergency measure on this the ;l.,b day of ~ ,2005, ATTES~ CORPU CHRI TI Armando Chapa Henry City Secretary Mayor APPROVED: This \(\ day of ...:'a1i\.^( ,2005: ,"", I ,,",_,-C }.:' -"\7.,-,"'('<' \ Lisa Aguilar . Assistant City Attbrney for City Attorney June 11, 2005 C Sculptures .doc 2 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the attached ordinance, an emergency exists requiring suspension of that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, Therefore, Ilwe request that you suspend said Charter rule and finally pass this ordinance on the date of its introduction, or at the present meeting of the City Council. Respectfully, Council Members The above ordinance was passed by the following vote: Bill Kelly CUf Uvcy OU)L- cJYk,,j-- D.lf ~\}L (~vj- ~r II ' . .;.jV1J Henry Garrett Brent Chesney Jerry Garcia John Edward Marez Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott G)C)"l '- u ~ "j