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CC Resolution No. 1785 35 RESOLUTION NO. 1785 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 INSURANCE, BOND AND FEE AND DISTANCE REQUIREMENTS FOR THE BAYTOWN OUTDOOR INC.'S 2006 BAYTOWN LONG NECK WILDLIFE FESTIVAL CONTINGENT UPON THE FILING OF THE REQUISITE APPLICATION AND OBTAINING THE REQUISITE INSURANCE SPECIFIED HEREIN; GRANTING A VARIANCE TO EXEMPT BAYTOWN OUTDOOR INC., FROM THE PROVISIONS OF CHAPTER 74 "PEDDLERS AND SOLICITORS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, FOR 2006 BAYTOWN LONG NECK WILDLIFE FESTIVAL CONTINGENT UPON THE FILING OF AN APPLICATION AND RECEIVING A PERMIT FOR A LIVE OUTDOOR EXHIBITION; AUTHORIZING THE CITY MANAGER TO TEMPORARILY CLOSE PRICE STREET AND A PORTION OF TEXAS AVENUE IN CONJUNCTION WITH THE 2006 LONG NECK WILDLIFE FESTIVAL; 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 requisite insurance specified in Section 3 herein, the City Council of the City of Baytown hereby grants the following variances to Chapter 42 "Health and Sanitation," Article "V "Live Outdoor Exhibitions," Section 42-286 "Permit required" of the Code of Ordinances, Baytown, Texas, for the Baytown Outdoor Inc.'s Baytown Long Neck Wildlife Festival, to be held at the Goose Creek Stream Park and at West Texas Avenue at 1 Price Street on May 5, 2006, between the hours of 6:00 p.m. and 10:00 p.m., May 6, 2006, between the hours of 10:00 a.m. and 10:00 p.m. and on May 7, 2006, between the hours of 1:00 p.m. and 6:00 p.m. (the "Festival"): a. to waive the distance requirement specified in subsection (e); and b. to extend the limited exception specified in subsection (n) to the Festival; thereby exempting Baytown Outdoor, Inc., from the insurance, bond and fee requirements of Section 42-286. 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 for the Festival, to exempt Baytown Outdoor, Inc., from the provisions of Chapter 74 "Peddlers and Solicitors" of the Code of Ordinances, Baytown, Texas, for the Baytown Long Neck Wildlife Festival. .3O Section 3: That the following insurance coverage shall be required for the Baytown Outdoor Inc.'s Baytown Long Neck Wildlife Festival; 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 2. 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 property damage. The City of Baytown, its officers, agents and employees shall be listed as additional insureds on all liability policies. Section 4: That the City Council of the City of Baytown hereby authorizes the City Manager to temporarily close Price Street and a portion of Texas Avenue from approximately the southwest corner of the Sterling Municipal Library to the west end of the Goose Creek Bridge from 10:00 a.m. on May 4, 2006, until 4:00 p.m. on May 8, 2006, in conjunction with the 2006 Long Neck Wildlife Festival. Section 5: 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 131h day of April, 2006. CALVIN MUNDINGER, M ATTEST: �`LO OOD_ , City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, S ity Attorney R:\Karen\Files\City Counci1\Reso1utions\2006\Apri1 13\LongNeckWildlifeFestivalVarianceRevisedNoBAP.doc 2