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2006-120 S:\Qur Documcnts\Ordinanccs\06\Mastcr Venue Agr-Denton Air Fair2.doc ORDINANCE NO. 2006-/z0 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AND AUTHORIZING THE DENTON AIRFAIR, INe. AND THE ASSOCIATION OF COMPETITION AIRSHOW PILOTS, AN ALABAMA L.L.C. ("ACAP") TO HOLD AN AIR FAIR AT THE DENTON MUNICIPAL AIRPORT ON MAY 20 AND 21, 2006; AUTHORIZING THE CONCESSION TO ACAP AND DENTON AIRF AIR, INC. TO SELL ALCOHOLIC BEVERAGES AT PLACES AND LOCATIONS DURING THE 2006 AIR FAIR EVENT; AMENDING CHAPTER 3 "AIRPORTS" OF THE CITY CODE TO ALLOW WAIVER OF OR SUBSTITUTION OF INSURANCE REQUIREMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Denton Airfair, Inc. as a cosponsor with the Association of Competition Airshow Pilots, an Alabama L.L.e. ("ACAP") desires to hold an Air Fair event at the Denton Municipal Airport ("Airport") on May 20 and 21, 2006; and WHEREAS, the Denton Airfair, Inc. and/or ACAP agree to fully comply with the requirements for holding airshows consistent with Chapter 3 "Airports" of the Denton City Code as amended hereby; and , WHEREAS, ACAP has requested and the Airport Advisory Board has recommended that ACAP be granted the concession to sell alcoholic beverages at the Airport on the days and times indicated herein and approved by the City Manager; and WHEREAS, the City Manager recommends that Chapter 3 of the City Code be amended to allow the lowering of and the substitution of insurance requirements for airshows based on a recent survey of minimum requirements for airshow events to allow more flexibility in contracting with air fair sponsors and event coordinators; and WHEREAS, the City Council deems it in the public interest to approve the Denton Airfair, Inc. and ACAP to hold an airshow at the Denton Municipal Airport on May 20 and 21, 2006, to allow the sale of alcoholic beverages for the 2006 Denton Air Fair event and to change the minimum insurance requirements for airshow events and allow the City Manager to waive or substitute insurance requirements; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings set forth in the preamble of this Ordinance are incorporated by reference into the body of this Ordinance as, iffully set forth herein. SECTION 2. The ACAP and the Denton Airfair, Inc. are hereby authorized to hold an airshow at the Denton Municipal Airport and to have a concession to sell alcohol at the Denton Airport for the 2006 Denton Air Fair on May 20 and 21, 2006 during these days and at the times and under the conditions approved by the City Manager or his designee thereto subject to the ACAP's and the Denton Airfair, Inc.'s compliance with all applicable local, state and federal laws, including without limitation, the Texas Alcoholic Beverages Code and upon the following additional conditions: S:\Our Doeuments\Ordinanccs\06\Master Venue Agr-Dcnton Air Fair2.doc I. They shall provide security necessary for the sale of alcoholic beverages. 2. They shall provide general comprehensive liability insurance in the amount of $5,000,000 and additional insurance as required and approved by the City Manager or his designee and in compliance with applicable provisions of the City Code and all other applicable laws including the Texas Alcoholic Beverage Code and Chapter 3 of the City Code as hereby amended. 3. They shall obtain and pay for all licenses and permits required to conduct the 2006 Denton Air Fair and to sell alcoholic beverages at this event including those required by the Texas Alcoholic Beverage Commission and the City. 4. They shall agree to indemnify the City against any liability relating to the 2006 Denton Air Fair and the sale of alcoholic beverages at the event and name the City as an additional insured on all insurance policies. SECTION 3. Section 3-21 "Minimum insurance for airshow" of Chapter 3 "Airports" is hereby amended to read as follows: Sec. 3-21. Minimum insurance for airshow. It shall be unlawful for any airshow to be conducted at the Denton Municipal Airport unless insurance coverage is maintained by the sponsor (co-sponsors) or promoter in the following minimum amounts: Airshow / airmeet liability. Combined single limit bodily injury and property damage liability, $5,000,000.00 each occurrence. Different requirements for Airshow/airmeet liability insurance can be substituted if the City Manager, on the recommendation of the Risk Manager taking into consideration the scope of the airshow event, availability of insurance and other related factors, approves Airshow/airmeet liability insurance in different amounts and coverages. Provided, however, the minimum Airshow/airmeet liability insurance combined single limit bodily injury and property damage liability coverage shall never be less than $2,000,000 per each occurrence. The policies of insurance covering the sponsor/promoter as required in this section shall name as additional insureds the City, its officers, agents, employees, city council, commissions, boards and committees. In addition, such policy or policies of insurance shall be endorsed to provide that no material changes in coverage, including, but not limited to, cancellation, termination, nonrenewal or amendment, shall be made without thirty (30) days prior written notice to the City Manager or Airport Manager of the City. Sponsor/promoter shall maintain the required insurance with insurance companies authorized to do business in the State of Texas with an A.M. Best rating acceptable to the City Manager on recommendation of the Risk Manager. SECTION 4. Save and except as ame!lded hereby, all the remaining clauses, sentences, paragraphs, sections and subsections of Section 3 "Airports" of the Code of Ordinances shall remain in full force and effect. Page 2 of3 S:\Our Documents\Ordinanccs\06\Master Venue Agr-Dcnton Air Fair2.doc SECTION 5, This Ordinance shall bec,ome effective immediately upon its passage and approval. . "J/ttl PASSED AND APPROVED this the h - day of !fllr ~~kvC ,2006, EULlNE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY ~~~ \1,,~iTu , APPROVED AS TO LEGAL FORM: EDWINM. SNYDER, CITY ATTORNEY BY: //~ '1rft!. Page 3 of3