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Home My WebLink About026784 ORD - 05/23/2006Page 1 of 3 ORDINANCE AUTHORIZING THE EXECUTION OF A BEACH FESTIVAL PERMIT AND CONTRACT WITH 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; and 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. 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 execute a beach festival permit and contract with Clear Channel Broadcasting, Inc. for the "C Sculptures," on the Gulf Beach at Newport Pass Park in Corpus Christi City Limits, on June 10 -11, 2006 from 8:00 a.m. to 5:00 p.m. upon Promoters 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; obtaining required temporary certificate of occupancy by the City's Building Official; providing bond as required in Section 10- 115(4); and reimbursing City for all costs incurred by City as required by Section 10 -115 (1) Code of Ordinances. A copy of the permit and contract is on file in the City Secretary's office and a copy is attached. SECTION 2. 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 Therefore, if 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. SECTION 3. 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 C i' •v ■e.'. • ORD2003. F- Ormnar,- es CH ,tar ' C' ,uptir F;eac• Fes Ord dc.- Page 2 of 3 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 passed and takes effect upon first reading as an emergency measure on this the c day of 2006. ATTEST: Armando Chapa City Secretary Mayor TH TY OF CO PUS CHRISTI enry Garr tt AP i OVED 24 April 2006 Doyle D. Curtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney 0 Doyle C ,rtORD2003.0r, Or.i.nanr. es +)b . 24D C�. uptir.Beach,=es tPe r�r Ord doc Page 3 of 3 C r�uspChristi. Texas � day of 2006. TO THE MEMBERS OF 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, Council Members The above ordinance Henry Garrett Brent Chesney Melody Cooper Jerry Garcia William Kelly Rex A. Kinnison John E Marez Jesse Noyola Mark Scott was passed by the following Respectfully, H ry Garr tt, Mayor The City of orpus Christi vote: C .D0 ie.0 t 0RD2003 Or Orr,nanc es,t 6 04, 4D CS iptlrBeachF es [Pell- t Ord doc S4 Page 1 of 2 Permit and Contract For Use of Public Beach by Clear Channel Broadcasting Inc. "C Sculptures" 2006 Whereas, Clear Channel Broadcasting Inc. ( "Promoter ") of 501 Tupper Lane, Corpus Christi, Texas, has applied for a Beach Festival Permit ( "permit ") with the City of Corpus Christi ( "City ") to conduct an outdoor music festival on Newport Pass Padre Island ( "Festival Site ") on June 10- 1l 1, 2006: Now therefore, in accordance with Section 10 -115 of the City Code of Ordinances, Promoter agrees to the following conditions and stipulations 1) Promoter shall pay to the City of Corpus Christi ( "City ") the reasonable value of any lost, damaged, or destroyed park or beach facilities in the vicinity of the festival. (2) Temporary or portable buildings, structures, or improvements at the Festival Site shall meet all city building codes and be kept in a safe, sanitary and sightly condition. 3) Upon the expiration of the permit, all temporary or portable buildings, structures, and improvements placed on the Festival Site by Promoter shall be removed and Promoter shall restore Festival Site to its former condition. (4) Promoter shall furnish the bond required under Section 10 -115 (4) of the City Code of Ordinances. Promoter shall promptly, by no later than 11:59 p.m. June 11, 2006, remove all garbage. trash, debris and refuse from the Festival Site and shall promptly, by no later than 11:59 p. m June 11, 2006, restore the Festival Site to its former condition. However, if Promoter fails to comply with this subsection, Promoter agrees to reimburse the City, within 30 days of receipt of invoice, for City's costs to restore the Festival Site to its former condition. The Clean Up Plan (Exhibit A) and the Bird Sanctuary Protection Plan (Exhibit B) are attached. (5) Promoter shall provide liability insurance and all other relevant insurance as specified by the City's Risk Manager or Risk Manager's designee prior to issuance of the permit. (6) Promoter shall not discriminate against any person or group on the basis of race, color, religious preference, ethnicity, national origin, disability, or sex and that all facilities provided in connection with the beach festival shall be reasonably available to all persons in attendance. 7) Promoter shall observe and comply with all applicable laws, ordinances, regulations, and rules of the federal, state, county, and city governments. ( 8) Promoter shall provide a Traffic Control /Security Plan (Exhibit C) and Parking Plan (Exhibit D) showing the location of sufficient on -beach and off -beach parking space to accommodate the anticipated attendance (9) Promoter shall affirm and demonstrate that the Festival Site is accessible from existing beach access roads and that the festival will not block or unduly interfere with beach access roads or normal beach traffic or interfere with normal beach use by those not participating in the festival. i 10) Promoter has a duty to protect the dunes and is responsible for mitigating any damage to the dunes caused by the beach festival. C:1tDoyle.03 06'vPARK &REC Z7vBeach,06 ( 424DC.CSculptr_CrChani-BeachFes tiraIUse.K do:: Page 2 of 2 11) Promoter agrees to comply with all provisions of Article XI, Chapter 10, City Code of Ordinances, including but not limited to executing Police Services Agreement (Exhibit E); securing approval of the Fire Prevention Plan (Exhibit F) by the City's Fire Marshal; obtaining required temporary certificate of occupancy by the City's Building Official; and reimbursing City 'or all costs incurred by City as required by § 10 -115 (1) Code of Ordinances. Executed this the day of . 2006. ATTEST Armando Chapa City Secretary Ord. No BY CITY COUNCIL ove• 4 April 2006 Doyle D. Curtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney. Clear Channel Broadcasting, Inc. By: Name: Title: THE CITY OF CORPUS CHRISTI George K. Noe City Manager AUTHORIZED Secretary STATE OF TEXAS COUNTY OF NUECES § This instrument was acknowledged before me on , 2006, by as , of Clear Channel Broadcasting, Inc., on behalf of said Texas corporation Notary Public, State of Texas Printed Name & Seal CND° le 03 16' PARK &REC r 7 \Beach \06 C424DC CScuIpt' CIrChar IBeachFe> •i.alUse K doc