HomeMy WebLinkAbout08489 ORD - 06/07/1967AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND
ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE
A USE PRIVILEGE AGREEMENT WITH CHARLES S. WELDON FOR
THE PRIVILEGE OF USING BOAT SLIP NO. 27 ON THE NORTH-
WEST SIDE OF THE L -HEAD FROM WHICH TO RENT SAILBOATS
AND TEACH SAILING IN THE CORPUS CHRISTI MARINA, FOR
A TERM OF FOUR MONTHS, BEGINNING MAY 201 1967, ON THE
TERMS SET OUT IN SAID AGREEMENT, A COPY OF WHICH IS
ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING
AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. THAT THE CITY MANAGER BE, AND HE' IS HEREBY, AUTHORIZED
AND DIRECTED, FOR AND ON BEHALF OF THE CITY, TO EXECUTE A USE PRIVILEGE
AGREEMENT WITH CHARLES S. WELDON, FOR THE PRIVILEGE OF USING BOAT SLIP
NO. 27, ON THE NORTHWEST SIDE OF THE L -HEAD FROM WHICH TO RENT SAILBOATS
AND TEACH SAILING IN THE CORPUS CHRISTI MARINA, FOR A TERM OF FOUR MONTHS,
BEGINNING MAY 20, 1967, ON THE TERMS SET OUT IN SAID AGREEMENT,A COPY OF
WHICH IS ATTACHED HERETO AND MADE A PART HEREOF.
SECTION 2. THE FACT THAT THE SUMMER RECREATION PERIOD IS AT HAND
AND IT WILL BE ADVANTAGEOUS TO THE PUBLIC TO HAVE A SAILBOAT RENTAL AND
TEACHING CONCESSION SERVICE AVAILABLE TO THE PUBLIC FOR SUCH SUMMER RECREATION
PERIOD CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIR-
ING THE SUSPENSION OF THE CHARTER RULE PROVIDING THAT NO ORDINANCE OR RESOLU-
TION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH
ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY
COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY
EXIST, AND HAVING REQUESTED THAT SAID CHARTER RULE BE SUSPENDED, AND THAT
THIS ORDINANCETAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER
ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE DAY OF JUNE,
1967.
ATTEST..
CITY SECRETARY ` Q
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APPROVED AS T EGAL FO THIS THE CITY OF CORPUS CHRISTI, TEXAS
�7 DA F JUNE, 1967:
n
ITT ATTORNEY
SAILBOAT RENTAL AND INSTRUCTION
CONCESSION AGREEMENT
THE STATE OF TEXAS 1
COUNTY OF NUECES I KNOW ALL MEN BY THESE PRESENTS:
THIS AGREEMENT IS 14ADE AND ENTERED INTO BY AND BETWEEN THE CITY
OF CORPUS CHRISTI, A MUNICIPAL CORPORATION LOCATED IN NUECES COUNTY, TEXAS,
HEREINAFTER CALLED `CITY", AND CHARLES S. WELDON, HEREINAFTER CALLED
"PERMITTEE", FOR THE CONCESSION, USES AND PRIVILEGES AT THE LOCATION AND
UNDER THE TERMS HEREINUNDER PROVIDED:
I
FOR A MONTHLY RENTAL OF TEN DOLLARS ($10.00) PER MONTH, PLUS
FIVE PERCENT (5 %) OF THE GROSS RECEIPTS OF RENTAL FOR THE YEAR 1967, THE
PERMITTEE SHALL HAVE THE RIGHT TO CONDUCT THE BUSINESS OF RENTING SAILBOATS
FOR CONDUCTING SAILBOAT INSTRUCTION PERIODS FROM BOAT SLIP N0. 27, LOCATED
ON THE NORTHWEST SIDE OF THE L -HEAD. SAID 14ONTHLY SLIP RENTAL SHALL BE
PAID IN ADVANCE. ON THE 1ST DAY OF EACH 30-DAY PERIOD, BEGINNING WITH MAY
20, 1967. PERCENTAGE OF GROSS RECEIPTS FOR EACH MONTH SHALL BE CALCULATED
UPON THE LAST DAY OF EACH CALENDAR MONTH AND PAYMENT MADE WITHIN TEN DAYS
THEREAFTER.
• II
ALL RENTAL BOATS SHALL BE OF A TYPE WHICH IS OF A MOLDED FIBERGLASS
CONSTRUCTION DESIGNED TO FLOAT WHEN CAPSIZED OR HOLED. THE RENTALS WILL
BE $4.00 PER BOAT PER HOUR DURING THE DAYS OF MONDAY, TUESDAY, WEDNESDAY
AND THURSDAY OF EACH WEEK. THE RATE FOR FRIDAY, SATURDAY AND SUNDAY SHALL
BE $4.00 PER BOAT PER HOUR. NO MORE THAN FOUR PERSONS WILL BE PERMITTED
IN ANY RENTED BOAT. U. S. COAST GUARD APPROVED LIFE JACKETS WILL BE FURNISHED
FOR EACH PERSON WITHOUT ADDITIONAL FEE. EACH PERSON WILL BE REQUIRED TO
WEAR A U. S. COAST GUARD APPROVED LIFE JACKET AT ALL TIMES. PERMITTEE
WILL PROVIDE A PICK -UP BOAT AT ALL TIMES, EQUIPPED WITH OUTBOARD MOTOR TO
PROVIDE RESCUE SERVICES. A FLOATING DOCK WILL BE PROVIDED TO PROVIDE SAFE
ENTRY OF CUSTOMERS INTO AND OUT OF BOATS. ADULT SUPERVISION SHALL BE PRO-
VIDED BY PERMITTEE AT ALL TIMES.
NO RENTALS WILL BE PERMITTED AFTER ONE HOUR AFTER SUNDOWN. ALL
BOATS WILL BE STORED ON THE FLOATING DOCK AT NIGHT. A SHADE STAND DESIGNED
TO MEET L -HEAD REQUIREMENTS WILL BE PROVIDED FOR CUSTOMERS AND STUDENTS,
INCLUDING A STANDARD SIZE SIGN AND SEAT FOR CUSTOMERS AND STUDENTS, ALL
SUBJECT TO THE APPROVAL OF THE HARBOR MASTER.
WITHIN TEN DAYS FOLLOWING EACH 30 -DAY PERIOD, BEGINNING WITH THE
30 -DAY PERIOD BEGINNING MAY 20, 1967, PERMITTEE SHALL PREPARE A REPORT IN
WRITING ON A FORM APPROVED BY THE DIRECTOR OF FINANCE OF THE CITY SHOWING
THE TOTAL REVENUE DURING THE PRECEDING 30-DAY PERIOD.
PERMITTEE AGREES TO KEEP FULL AND ACCURATE RECORDS OF ALL TRAFIS-
ACTIONS RENTALS AND INCOMES BOTH FROM CASH AND CREDIT, THAT IN ANY WAY
CONCERN REVENUE TO THE CITY, AND FURTHER AGREES THAT ALL BOOKS AND RECORDS
COVERING SUCH TRANSACTIONS SHALL BE OPEN TO INSPECTION BY THE CITY OF CORPUS
CHRISTI AT ALL REASONABLE TIMES.
RENTAL SHALL BE MADE ONLY TO PERSONS QUALIFIED TO OPERATE SUCH
SAILBOATS AS DETERMINED BY INTERROGATION OF THE APPLICANT BY THE PERMITTEE.
ADEQUATE SAFETY INSTRUCTION SHALL BE MADE TO ALL PROSPECTIVE RENTERS PRIOR
TO DELIVERY OF ANY SAILBOAT INTO THE CUSTODY OF SUCH RENTER.
IV
BEFORE CONDUCTING ANY BUSINESS THE PERMITTEE SHALL CARRY FOR THE
BENEFIT OF THE PUBLIC, NAMING THE CITY AS INSURED, PUBLIC LIABILITY AND
PROPERTY DAMAGE INSURANCE, HAVING PROVISIONS THEREIN TO PROTECT THE CITY
IN ALL RESPECTS FROM ANY CLAIMS WHICH MIGHT BE PRESENTED BY REASON OF THE
OPERATION OF THE BUSINESS. THE CONDITION OF THE OPERATING PREMISES,
THE CONDITION OF THE MARINA, OR THE CONDITION OF THE PROPERTY OF THE PER-
MITTEE AND SAID INSURANCE SHALL BE EVIDENCED BY CERTIFICATE FURNISHED TO
THE CITY SECRETARY WI1H LIMITS OF $100,000 PER PERSON AND $300,00 FOR EACH
OCCURRENCE OF PERSONAL INJURY AND $5,000 FOR EACH OCCURRENCE OF PROPERTY
DAMAGE.
V
INSTRUCTION. INSTRUCTION SERVICES TO BE FURNISHED BY PERMITTEE
SHALL CONSIST OF BASIC SAILING COURSE OF EIGHT HOURS OF PERSONALIZED
-2-
INSTRUCTION FOR A FEE OF TWENTY -FIVE DOLLARS ($25.00) PER PERSON. A
TEXTBOOK WILL BE FURNISHED FOR THE INSTRUCTION FEE. THE BASIC SAILING
COURSE INCLUDES PARTS OF THE BOAT, RIGGING THE BOATS GETTING UNDERWAY,
DOCKING, ALL POINTS OF SAILING, SAFETY, SAILING THEORY AND SOLO SAILING.
EACH GRADUATE WILL RECEIVE A CERTIFICATE AND A DISCOUNT FOR RENTAL THE
FOLLOWING WEEKS DURING WEEKDAYS. PERMITTEE WILL OBTAIN A 16 -FOOT SAIL-
BOAT IN WHICH TO GIVE BASIC SAILING INSTRUCTION.
Vi
PERMITTEE HEREBY RELEASES THE CITY FROM ALL DAMAGES AND CLAIMS
OF ALL AND ANY SORT, WHETHER TO PERSON OR TO PROPERTY ARISING INCIDENT
TO THE PERMITTEE'S USE OF THE PREMISES OR ARISING DURING THE PERMITTEE'S
USE OF THE PREMISES AND AGREES TO HOLD THE CITY HARMLESS FROM ANY DAMAGE
SUSTAINED BY PERMITTEE OR BY ANY OF HIS AGENTS, EMPLOYEES OR INVITEES, AND
TO INDEMNIFY THE CITY AGAINST ANY AND ALL CLAIMS FOR SUCH LOSS DAMAGE OR
INJURY.
Vi1
PERMITTEE AGREES THAT HE WILL•. PROMPTLY EXECUTE AND FULFILL ALL
ORDINANCES AND REGULATIONS OF THE STATE, COUNTY, CITY AND OTHER GOVERN-
MENTAL AGENCIES APPLICABLE TO SAID PROPERTY, AND ALL ORDINANCES OR REGULA-
TIONS IMPOSED BY THE BOARD OF HEALTH, SANITATION AND POLICE DEPARTMENTS OF
THE CITY FOR THE CORRECTION, PREVENTION AND ABATEMENT OF NUISANCES IN OR
CONNECTED WITH SAID PROPERTY DURING THE TERM OF THIS PERMIT AT PERMITTEE'S
SOLE EXPENSE AND COST.
VIII
PERMITTEE SHALL NOT PLACE, PAINT OR OTHERWISE AFFIX ANY SIGNS ATE
OR ON OR ABOUT THE PROPERTY OR ANY PART THEREOF, EXCEPT WHERE AND AS FIRST
APPROVED IN WRITING BY THE CITY. THE CITY SHALL HAVE THE RIGHT AT ANY
TIME TO REQUIRE PERMITTEE TO REMOVES PAINT OR REPAIR THE SIGNS ALLOWED.
SHOULD PERMITTEE NOT REMOVE, PAINT OR REPAIR SAID SIGNS WITHIN TEN DAYS
OF DEMAND THEREFOR IN WRIIING, THE CITY MAY FULFILL ITS DEMANDS AND CHARGE
THE EXPENSE OF SAME TO PERMITTEE.
-3-
Ix
NO ASSENT, EXPRESS OR IMPLIED, BY THE CITY TO ANY BREACH OF ANY OF
PERMITTEE'S COVENANTS, AGREEMENTS, CONDITIONS OR TERMS HEREOF SHALL. BE
DEEMED OR TAKEN TO BE A WAIVER OF ANY SUCCEEDING BREACH OF ANY COVENANT,
AGREEMENT, CONDITION OR TERM HEREOF.
x
THE CITY RESERVES THE RIGHT TO ENTER SAID PREMISES AT ANY TIME
DURING THE EXISTENCE OF THIS LEASE FOR THE PURPOSE OF INSPECTING THE SAME
IN ORDER TO DETERMINC WHETHER THE TERMS OF SAID LEASE ARE BEING OBSERVED
AND CARRIED OUT.
X1
THE CITY SHALL HAVE A STATUTORY LANDLORDS LIEN AND IN ADDITION
IT HEREBY IS GIVEN AN EXPRESS LANDLORD'S LIEN AS SECURITY FOR THE FIXED
RENT HEREIN RESERVED, AS WELL AS ANY OTHER CHARGES OR EXPENSES ELSEWHERE
HEREINABOVE OR HEREINAFTER DESIGNATED AS ADDITIONAL RENT UPON ALL THE GOODS,
WARES, CHATTELS, IMPLEMENTS, FIXTURES, FURNITURE, TOOLS, MACHINERY AND OTHER
PERSONAL PROPERTY WHICH PERMITTEE NOW OR AT ANY TIME HEREAFTER PLACES IN
OR UPON SAID PROPERTY, ALL EXEMPTIONS OF SAID PROPERTY OR ANY PART OF IT
BEING HEREBY WAIVED.
x1I
PERMITTEE AGREES NOT TO SUBLET THE LEASED PREMISES OR ANY PART
THEREOF WITHOUT THE CONSENT OF THE CITY IN WRITING.
WITNESS OUR HANDS, THIS THE DAY OF 1967,
IN DUPLICATE ORIGINALS, EACH OF WHICH IS TO BE CONSIDERED AN ORIGINAL.
ATTEST: CITY OF CORPUS CHRISTI
BY
CITY SECRETARY HERBERT W. WHITNEY
APPROVED AS TO LEGAL FORM THIS CITY MANAGER
DAY OF JUNE, 1967:
CITY ATTORNEY
HARLES S. WELDON
" PERMITTEE"
CORPUS CHRISTI, TEXAS
4-10- DAY OF -!(--� 15_Z .
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
FOR THE REASONS SET FORTH IN THE EMERGLNCY CLAUSE OF THE FOREGOING
ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN-
SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL
BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE GR
RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 1, THEREFORE,
REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI-
NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE
CITY COUNCIL.
RESPECTFULLY,
AY R
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
JACK R. BLACKMON �. /,[zd
RONNIE SIZEMORE �_^(/� ---- --
V. A. "DICK" BRADLEY, JR. n
J. A. "JACK" GRANT
P. JIMENEZ, JR., M.D, �Q -^--
GABE LOZANO, SR.
KEN t- 1CDAN1 EL %J /gyp
THE ABOVE ORDINANCE WAS PASSED BY THE FOLL�OWIIINNG -VOTE:
JACK R. BLACKMON
RONNIE SIZEMORE
V. A. "DICK" BRADLEY, JR.
J. A. ."JACK" GRANT
R. JIMENEZ, JR., M. D,
GABS LO ZANO, SR.
KEN MCDANIEL