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CC Resolution No. 1783 32 RESOLUTION NO. 1783 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING A VARIANCE TO CHAPTER 42 "HEALTH AND SANITATION," ARTICLE V "LIVE OUTDOOR EXHIBITIONS," SECTION 42-286 "PERMIT REQUIRED" OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO WAIVE THE DISTANCE REQUIREMENT FOR THE BAYSHORE FINE RIDES, INC.'S 18TH ANNUAL FINE RIDES SHOW ON TEXAS AVENUE CONTINGENT UPON THE FILING OF THE REQUISITE APPLICATION AND OBTAINING THE REQUISITE INSURANCE SPECIFIED HEREIN; GRANTING A VARIANCE TO BAYSHORE FINE RIDES, INC., TO EXEMPT BAYSHORE FINE RIDES, INC., FROM THE PROVISIONS OF CHAPTER 74 "PEDDLERS AND SOLICITORS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, FOR THE 18T" ANNUAL FINE RIDES SHOW ON TEXAS AVENUE CONTINGENT UPON THE FILING OF AN APPLICATION AND RECEIVING A PERMIT FOR A LIVE OUTDOOR EXHIBITION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That contingent upon the filing of an application and obtaining the insurance specified in Section 2, the City Council of the City of Baytown hereby grants a variance to Chapter 42 "Health and Sanitation," Article "V "Live Outdoor Exhibitions," Section 42-286 "Permit required" of the Code of Ordinances, Baytown, Texas, to waive the distance requirement for the Bayshore Fine Rides, Inc.'s 18th Annual Fine Rides Show on Texas Avenue, to be held on May 20, 2006, from 9:00 a.m. to 4:00 p.m., between Felton and Commerce Streets, Section 2: That contingent upon the filing of an application and receiving a permit for a live outdoor exhibition pursuant to Section 42-286 of the Code of Ordinances, Baytown, Texas, the City Council of the City of Baytown hereby grants a variance to Bayshore Fine Rides, Inc. for its WE Annual Fine Rides Show on Texas Avenue to be held on May 20, 2006, from 9:00 a.m. to 4:00 p.m., to exempt Bayshore Fine Rides, Inc., from the provisions of Chapter 74 "Peddlers and Solicitors" of the Code of Ordinances, Baytown, Texas, for the 18`h Annual Fine Rides Show on Texas Avenue. Section 3: That the following insurance coverage shall be required for the Bayshore Fine Rides, Inc.'s 181h Annual Fine Rides Show on Texas Avenue; and a certificate evidencing such coverage must be provided to and approved by the city prior to the event: 1. a comprehensive general liability policy in an amount not less than $1,000,000.00 for bodily injuries, including accidental death per occurrence and $100,000.00 for property damage, or 33 a special event policy approved by the city in the amount not less than $1,000,000.00 for bodily injuries, including accidental death per occurrence and $100,000.00 for properly damage; and 2. commercial automobile liability coverage with a combined single limit of $1,000,000.00, unless included in the special event policy approved by the city. The City of Baytown, its officers, agents and employees shall be listed as additional insureds on all liability policies. Section 4: This resolution shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED, by the affirmative vote of the City Council of the City of Baytown this the 23`d day of March, 2006. CALVIN MUNDEQGER, Mayor A EST: J LORRI COODY, ity Clerk APPROVED AS TO FORM: ACIO RAMIREZ, SR , ity Attorney 2