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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 kl- 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