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Home My WebLink About08566 ORD - 08/23/19671 vMP:7/2V67 AN ORDINANCE GRANTING TO HENRY BLACK, SR A FRANCHISE TO USE A PORTION OF STREET RIGHT -OF -WAY LOCATED AT THE INTER- SECTION OF N. SHORELINE AND SANDBAR FOR THE PURPOSE OF OPERATING A FISHING PIER; PROVIDING FOR CHARGES: PROVIDING FOR REASONABLE RATES; PROVIDING FOR THE PROTECTION OF THE PUBLIC AGAINST PERSONAL INJURY AND PROPERTY DAMAGE FROM THE OPERATION AND CONDITION THEREOF; AND PROVIDING FOR CANCELLATION AND FOR- FEITURE OF SAID FRANCHISE. WHEREAS, MRS. ELIZABETH HALE HAS TRANSFERRED HER FRANCHISE FOR f THAT SAID FISHING PIER KNOWN AS "PLANTATION PIER" TO HENRY BLACK, SR., AND SUCH TRANSFER WAS APPROVED BY THE CITY COUNCIL ON JANUARY 30, 1963; AND WHEREAS, HENRY BLACK, SR. IS THE OWNER OF SAID PIER KNOWN AS "PLANTATION PI ERIC; AND ' WHEREAS, SAID PIER IS LOCATED PARTIALLY IN THE WATERS OF NUECES BAY AND PARTIALLY WITHIN THAT PORTION OF N. SHORELINE AND RIGHT OF WAY WHICH IS UNDER WATER; AND WHEREAS, SAID PIER CONNECTS WITH THE LAND WITHIN THE SAID RIGHT OF WAY BUT OFF THE TRAVELLED PORTION OF N. SHORELINE AND SANDBAR; AND WHEREAS, SAID OWNER IS DESIROUS OF REBUILDING SAID PIER AND OPERATING SAME AS A PUBLIC FISHING PIER: NOW, THEREFORE, BE IT ORDAINED BY,; THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. SUBJECT TO THE TERMS AND CONDITIONS HEREINAFTER SET FORTH, THERE IS HEREBY GRANTED TO HENRY BLACK, SR., HIS SUCCESSORS AND I ASSIGNS, HEREINAFTER CALLED "GRANTEE", FOR A PERIOD OF FIVE YEARS FROM THE FINAL PASSAGE HEREOF, A FRANCHISE TO LOCATE AND OPERATE A PUBLIC FISH- ING PIER AT THE N. SHORELINE AND SANDBAR INTERSECTION. SECTION 2. THE RIGHTS AND PRIVILEGES HEREIN GRANTED MAY BE EXERCISED ONLY IF GRANTEE COMPLIES WITH THE FOLLOWING TERMS AND CONDITIONS: A. GRANTEE WILL PAY TO THE CITY OF CORPUS CHRISTI THE FOLLOWING COMPENSATION, TO -WIT: A FIXED CHARGE OF TWO CENTS PER FOOT OF LENGTH OF SAID PIER PER MONTH, PAYABLE MONTHLY IN ADVANCE; SUCH COMPENSATION BEING HEREBY DECLARED TO BE ADEQUATE FOR THE RIGHTS AND PRIVILEGES HEREIN GRANTED. 3 • THE COMPENSATION PROVIDED FOR IN THIS SECTION SHALL NOT RELEASE GRANTEE FROM THE PAYMENT OF AD VALOREM TAXES LEVIED OR TO BE LEVIED ON PROPERTY OF GRANTEE. B. GRANTEE WILL COMPLY WITH ALL ORDERS OF THE BUILDING INSPEC- TION SECTION AND THE ENGINEERING DIVISION OF THE DEPARTMENT OF PUBLIC WORKS OF THE CITY OF CORPUS CHRISTI IN REBUILDING AND MAINTAINING SAID PIER. GRANTEE WILL KEEP SAID PIER IN GOOD REPAIR AND WILL INDEMNIFY AND HOLD THE CITY HARMLESS FROM ANY CLAIMS FOR PROPERTY DAMAGE OR PERSONAL INJURIES ARISING FROM THE LOCATION, CONDITION OR OPERATION OF THE PIER. C. GRANTEE WILL KEEP IN FULL FORCE AND EFFECT A POLICY OF PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE, APPROVED BY THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI EXECUTED BY AN INSURANCE COMPANY DULY AUTHOR- IZED TO DO BUSINESS IN THE STATE OF TEXAS, INSURING THE PUBLIC AGAINST ANY LOSS OR DAMAGE THAT MAY RESULT TO ANY PERSON OR PROPERTY FROM THE LOCATION, OPERATION OR CONDITION OF SAID PIER, PROVIDED THAT THE MAXIMUM LIMITS UNDER SUCH POLICY OF INSURANCE SHALL BE NOT LESS THAN THE FOLLOWING SUMS TO -WIT: FOR THE INJURY OR DEATH OFD ANY ONE PERSON IN ANY ONE ACCIDENT, - NOT LESS THAN THE SUM OF $10,000.00; FOR THE INJURY TO MORE THAN ONE PERSON, OR THE DEATH OF MORE THAN ONE PERSON, IN ANY ONE ACCIDENT, - NOT LESS THAN THE SUM OF $25,000.00; FOR THE INJURY OR DESTRUCTION OF PROPERTY IN ANY ONE ACCIDENTS - $10,000.00. D. GRANTEE MAY CHARGE REASONABLE FEES TO THE PUBLIC FOR THE USE OF SAID PIER. THE CITY OF CORPUS CHRISTI RESERVES THE RIGHT TO INSPECT AND INQUIRE INTO THE FEES AND CHARGES BEING MADE AND IN THE EVENT THE CITY DEEMS SUCH CHARGES TO BE UNREASONABLE GRANTEE WILL LOWER SAID FEES AND CHARGES TO MEET THE APPROVAL OF THE CITY. E. GRANTEE SHALL HAVE THE RIGHT TO USE THE PORTION OFM.' SHORE- LINE AND SANDBAR RIGHT OF WAY IMMEDIATELY ADJACENT TO SAID PIER FOR PARKING FOR HIMSELF AND FOR HIS CUSTOMERS. SUCH PARKING SHALL NOT INCLUDE NOR INTERFERE WITH THE TRAVELLED PORTIONS OF N. SHORELINE AND SANDBAR. GRANTEE WILL HAVE THE RIGHT TO ERECT SUITABLE SIGNS TO INSTRUCT HIS PATRONS AS TO THE PROPER PLACE TO PARK AND WILL USE EVERY REASONABLE MEANS TO KEEP THE . A TRAVELLED PORTION OF SAID STREETS FREE AND CLEAR. -2- F. GRANTEE SHALL RENDER, IN ACCORDANCE WITH THE PROVISIONS OF THE CHARTER OF THE CITY OF CORPUS CHRISTI AND THE STATE LAWS GOVERNING THE RENDITION OF PROPERTY, AND PAY TO THE CITY BEFORE SAME SHALL BECOME DELINQUENT ALL AD VALOREM TAXES AGAINST ALL PERSONAL AND REAL PROPERTY USED IN THE CONDUCT OF GRANTEEtS BUSINESS AND FAILURE TO DISCHARGE THESE OBLIGATIONS, OR ANY ONE OF THEM, SHALL OPERATE AS A REVOCATION OF THIS FRANCHISE AND ALL PERMITS AND LICENSES ISSUED THEREUNDER. G. THIS FRANCHISE SHALL BE FORFEITED AT ANY TIME DURING THE PERIOD OF THE GRANT UPON THIRTY (30) DAYS' WRITTEN NOTICE TO GRANTEE BY THE CITY OF CORPUS CHRISTI WHEN AND IN THE EVENT THAT THE CITY NEEDS THE AREA FOR SAYFRONT IMPROVEMENTS PURPOSES OR FOR ANY OTHER PUBLIC IMPROVEMENT PROJECT IN CONFLICT WITH THIS GRANT. H. ANY INFRACTION OF THE TERMS AND CONDITIONS HEREOF, INCLUDING THE FAILURE TO PAY THE CHARGES TO THE CITY AS PROVIDED HEREIN OR TO TENDER AND PAY AD VALOREM TAXES AS SET OUT HEREIN, SHALL BE CAUSE FOR THE FORFEI- TURE OF THIS GRANT, PROVIDED THAT THE CITY SHALL GIVE GRANTEE TEN (10) DAYS NOTICE IN WRITING OF ITS INTENTION TO DECLARE THE GRANT FORFEITED, STATING GENERALLY THE REASONS THEREFOR, DURING SUCH PERIOD GRANTEE MAY REMEDY OR CORRECT SUCH INFRACTION OR DEFAULT BUT IF GRANTEE IS STILL IN DEFAULT OR HAS NOT CORRECTED SUCH INFRACTION OR CONDITION AT THE END OF SUCH PERIOD, THIS GRANT SHALL BE AUTOMATICALLY FORFEITED AND OF NO FURTHER FORCE NOR EFFECT UNLESS THE CITY COUNCIL SHALL WAIVE SUCH INFRACTION OR DEFAULT OR FORFEITURE BY ORDINANCE. I. GRANTEE, AS HEREIN USED, SHALL BE CONSTRUED AS SINGULAR OR PLURALS ACCORDING TO WHETHER ONE OR MORE THAN ONE PERSON AT THE PARTICULAR TIME MAY BE THE OWNER OF THIS GRANT. J. THIS FRANCHISE MAY BE SOLD, TRANSFERRED AND INHERITED, PRO- VIDED THAT ANY SALE OR TRANSFER'SHALL BE FIRST PRESENTED IN WRITING TO THE CITY COUNCIL FOR ITS APPROVAL OR DISAPPROVAL AND THE CITY COUNCIL MAY DISAPPROVE SUCH PROPOSED SALE OR TRANSFER IF IT BE FOUND AND DETERMINED OR IF IT BE OF THE OPINION THAT SUCH PROPOSED SALE OR TRANSFER IS NOT IN GOOD FAITH OR THAT THE PROPOSED PURCHASER OR TRANSFEREE IS NOT CAPABLE OF CON- TINUING THE OPERATION UNDER SUCH FRANCHISE IN SUCH A MANNER AS TO RENDER -3- THE SERVICES CONTEMPLATED IN THIS GRANT IN THE BEST INTEREST OF THE PUBLIC. K. GRANTEE WILL PROVIDE SUITABLE TOILET FACILITIES TO BE USED IN CONJUNCTION WITH SAID PIER. IN PROVIDING SUCH FACILITIES GRANTEE MAY INSTALL A CHEMICAL SYSTEM OR SOME OTHER SANITARY SYSTEM WHICH SHALL FIRST BE APPROVED BY THE CITY- COUNTY HEALTH UNIT AND THE DEPARTMENT OF PUBLIC WORKS OF THE CITY OF CORPUS CHRISTI. FURTHER, IN OPERATING SUCH PIER, GRANTEE WILL ABIDE BY ALL ORDERS OF THE CITY - COUNTY HEALTH UNIT WITH RESPECT TO SANITATION. L. ALL COSTS CONNECTED WITH THE PASSAGE AND THE PUBLICATION OF THIS ORDINANCE AND FRANCHISE WILL BE BORNE BY THE GRANTEE AND WILL BE PAYABLE UPON DEMAND. SUCH COSTS SHALL BE BORNE BY THE GRANTEE WHETHER SUCH ORDINANCE AND FRANCHISE IS GRANTED OR NOT GRANTED. M. THIS ORDINANCE AND FRANCHISE WILL BECOME EFFECTIVE SIXTY (60) DAYS FROM THE DATE OF ITS FINAL ADOPTION BY THE COUNCIL, AND SHALL TERMINATE FIVE (5) YEARS FROM SUCH EFFECTIVE DATE, IF NOT OTHERWISE FORFEITED OR CANCELLED AS HEREIN PROVIDED. N. THIS FRANCHISE IS IN LIEU OF THE FRANCHISE HERETOFORE EXIST- ING FROM THE CITY OF CORPUS CHRISTI TO MRS. ELIZABETH HALES PASSED ON NOVEMBER 8, 1961. THAT THE FOREGOING ORDINANCE WAS R EA PAS E.D� TO ITS SECOND READING ON THIS THE �g C. / , BY THE FOLLOWING VOTE: JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. J. A. "JACK" GRANT P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDANIEL THAT THE FOREGOING ORDINANCE �W}AS READ F TO ITS THIRD READING ON THIS THE g7 lt' /C DAY OF BY THE FOLLOWING VOTE: PASSED I JACK R. BLACKMON RONNIE SIZEMORE _ V. A. "DICK" BRADLEY, JR. _ J. A. "JACK" GRANT P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDANIEL THAT THE FOREGOING ORDI NANO / A WW/A/S'.REEAjD FOR THE THIRD TIME AND PASSED FINALLY ON THIS THE ,J jt DAY OF_, %`? V 19/&_2. , BY THE FOLLOWING VOTE: JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. J. A. "JACK" GRANT P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDANIEL J�� PASSED AND APPROVED, THIS THE OL l /!e DAY OF_� �,�� , jq_ / A T RY _ MA APPROVED AS T LEGAL FORM T ;15 HE THE CITY CF CORPUS CHRISTI TEXAS DAY OF , 19 ' �Ql� - — CITY AT NE