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