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Home My WebLink About08881 ORD - 05/29/1968TEXAS: AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A USE PRIVILEGE AGREEMENT WITH LARRY WIZNIA AND CLARK WELDON FOR THE PRIVILEGE OF USING BOAT SLIP NO. 19 ON THE NORTH SIDE OF THE PEOPLES STREET T -HEAD FROM WHICH TO RENT SAILBOATS AND TEACH SAILING IN THE CORPUS CHRISTI MARINA, FOR A TERM OF ONE (1) YEAR, BEGINNING ON THE DATE OF FINAL PASSAGE OF THIS ORDINANCE, ON THE TERMS SET OUT IN THE 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, 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 LARRY WIZNIA AND CLARK WELDON FOR THE PRIVILEGE OF USING BOAT SLIP NO. 19, ON THE NORTH SIDE OF THE PEOPLES T -HEAD FROM WHICH TO RENT SAILBOATS AND TEACH SAILING IN THE CORPUS CHRISTI MARINA, FOR A TERM OF ONE (1) YEAR, BEGINNING ON THE DATE OF FINAL PASSAGE OF THIS ORDINANCE, ON THE TERMS SET OUT IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION Z. 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 RECREATION PURPOSES CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE PROVIDING THAT NO ORDINANCE OR RESOLUTION 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 ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND , IT IS ACCORDINGLY SO ORDAINED, THIS THE_ _O�DAY OF AFTER TS PASSAGE , 1908. ATTEST* CITY SECRETAR // YO U THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: Dp C CITY ATTC 8881 ' •� " .Y. ^.,S •Y «' i fK T n -� �R -'. :i r" h ^a �< -, d .nh•x. .l ` .. 4.1.. . 'rJ` -" ' r'3 •Ya ..Xs • - - j'1,d ' ^� .s .•r+,w'� . SAILBOAT RENTAL'AND*IN57RUCTlON J ` CONCES5lON'AGREEMENT• THE STATE OF TEXASI KWW ,ALL EN DY THESE PRESENTS t . COUNTY OP, NUECES, I. , THts AGREEMENT JS MAD£'AND ENTERED INTO BY-AND -BETWEEN `THE .CITY' OF CORPUS. CHRIST] MUNICIPAL CORPORATION LOCATEd IN NUECES'COUNTY, TEXAS,' *� , HEREINAFTER• CAI.LED'ItC ITY ", -At, LARRY WIYNIA AND CLARK WCLDoN, -HEREINAFTER - �• CALLED ,t "PERMITTEEH, FOR *THE CONCESSION, USES AND PRiVJLEGE5 AT` THE, LOCA TION AND UNDER T14F TERMS HEREINUNDER PROV{OED :•;+ '• ? 4 ' FOR A MONTHLY •RENTAL OF TEN DOLLARS ($10.00) PER MONTH] PLUS ; TEN PERCENT (10%) Of THE ^ORQSS RECEIPTS OF RENTAL FOR THE YEAR COMMENCIN3 - ON `, 1968 FOR A TERM•OF`ONE YEAR,'•THE PERMITTEE SHALL - - HAVE THE RIGHT TO CONDUCT THE BUSINESS OF RENTING SAILBOATS ,FOR , CONDUCT- , ING SAILBOAT INSTRUCTION PERIODS FROM BOAT SLIP NO. lg,'LOCATED ON ti• THE NORTH SIDE OF THE PEOPLES STREET T- HEAD. SAID, MONTHLY SL,11! RENTAL kSHALL DE PA'ID,IN ADVANCE ON THE 1ST DAY, OF EACH 30 -DAY PER'IOD,J BEGIN , NING WITH JUNE p , 1968. PERCENTAGt OF GROSS RECEIPTS FOR EACH MONTH ' SHALL BE CALCULATED UPON THE LAST DAY OF EACH CALENDAR MONTH AND AAY MENT MADE WITHIN TEN DAYS THEREAFTER'. ALL'RENTAL BOATS SHALL BE OF A TYPE- WHICH IS OF •,A .MOLDED FIBERGLASS CONSTRUCTt ON DEStONED TO ,FLOAT WHEN.CAPSIZED,OR FtOLED. *-THErRENTAL;3 WILL; . • .- „ . + , r . . n BE th.00 -PER 80AT'PER-HOUR DURING THE ,DAYS OF MONDAY) TUESDAY, WEDASII)AY, AND THURSDAY OF' EACIF. WEEK.' THE RITE FOR FR I DAY] SATURDAY AND SUNOAY 'SHAL4 , s - "• rweE Z$4.06 PER 80AT PER HOUR, No MORE THAN FOUR'PERSONS W ILL, St' PERMITTED.,,. ^.,r`�',•: w IN -ANY RENTED BOAT. ' U.'$.; COASTGUARD APPROVED 10FE JACKETS'.W1LL BE.FURN1aHED r,:,;.,' FOR'EACk PERSON'WlTt10UT-- ,ADO1T,IpNAL FE£.';,CACH PERSON WILL BE REQUIRED TO'T''''- a' '►, • WEAR A U. S. COAST GUAgD~APPROVEO'L)F£ JACKE7.AT i1LL'TlMES.PERF}tTTEE WILL PROVIDE A- PICK+UF! ,VIOAT,•AT -ALL TIMES.. EQGIPPED -WIYH OUT86A110 '140TORTO z;}� . t4 •�" - PROVIO,E „• RESCUE /SERVICES.” A FLOATING DOCK 'WILL BE PROVIDED TO•PROViDC• SAFE`s'� 'ENTRY OF:CUSTOME,RS,tNTO AND OUT OF 'BOATS.'. ADULT SUPERVISION SHALL 'BE^PRO- - `y YIDED BY PERMITTEE AT 'ALL 'TIMES. .. .'pa, - is ' '' i it`>•, - - ,-' 1^ t "• Y �'th.., �',' .,,• -a'• ''+�1 M• <tic ,i .Z} ^.y �,_ ^ '' #.' W., fj h6'RENTALS-WILL BE PERMITTED AFTER-,ONE'HOUR AFTER SUNDOWNi%' ALL BOATS WILL' BE STORED ON THE FLOATING DOCK AT NIGHT. A -SHADE STAND 6ES I GNED, TO FLEET THE T-HEAD REQUIREMENTS WILL BE PROVIDED FOR CUSTOMERS AND STUDENTS,?" INCLUDING A STANDARD SIZE SIGN AND _SEAT .FbR CUSTOMERS AND'STUDENTS ALL, •v. ,PUOJECT TO THE APPROVAL OF,THE HARBOR *5TE'R'. TEN DAYS FOLLOWIN3 EACH 30-DAY PERIOD, BrGiNN(NG WITH THE k 3O -DAY,PERIOD 13EGIN iIING DUNE, lot PiRMITfEE SHALL PREPARE A REPORT IN WRITING ON A FORM APPROVED BY THE DIRECTOR -OF- FINANCE OF THE_CITY SHOWING THE • tOTAL' R'EVFNUE• DURING THE'PREciDoo 30-DAY PERIOD. PERMITTkE'AGREES TO KEEP FULL AND ACCURATE RECORDS OF ALL TRANS- ACTIONS, RENTALS AND INCOMe,'bOTH FROM CASH AND CREDIT, THAT IN ANY WAY' CONCERN REVENUE TO THE CITY, AND? FURTHER AGREES THAT ALL BOOKSTAND 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 PER)41tfEE. ADEQUATE SAFETY INSTRUCTION SHALL SE MADE TO ALL PROSPECTIVE RENTERS PRIOR Z TO DELIVERY OF ANY SAILBOAT INTO THE OF SUCH PCNT&0.�, IV 'BEFORE CONDUCTING ANY OUSINCSS, THC PtRMITTEE SHALL CARRY 'FOR THE • BENEFIT OFJHE PUBLIC, NAMING-THE CITY A.5-ANSUReD, PUBOC -LIABILIfY'AND' PROPERTY DAMAGE INSURANCE, HAVING PROVISIONS THEREIN TO PROTECT THE CITY IN ALL RESPECTS FROM, ANY CLAIMS WHICH MIrHTBE PRESENTED BY. REAS014 OF 'THE ' OPERATION OF THE susmsq.r THE CONDITION, OF 7HE0 PERATING PRE MISES, •'THE CONDITION OF THE MARINA,-OR THE CONDITION OF, Hk PROPERTY OF, THE' PER- MITTEE AND, SAID SHALL BE EVIDENCED BY -FURNISHED -TO ID INSURANCE FIC ATE. THE CITY SECRETARY WITH LIMITS OF.4100,000 PER PERSON AND' $300,06 FOR EACH INJURY JU Ry AND CH OCCURRENCE OF PROPERTY OCCURRENCE OF - PERSONAL �5 000_roli.F� DAMAGE V INSTRUCTION. INSTRUCTION-dERViCES' TO BE FURNISHED BY PERM'iTTEE SHALL CONSIST OF BASIC SAILING COURSE OF EIGHT HOURS OF PERSONALIZED- WS'^ <, s' *- 6'' e! ^: _`3'ifi.• . _ .. vts "; _ -y.i r.s, <a;. '.. _ x •y�%^ k� �INSTRUC710N'F6 i 1, F `` ~4Aj ~.-.. N -A' EE +AF,TWENTY ^�IVE DOLLARS ($25M) PER PERSON.- A " TEXTOOOK,JILL 0 @`FURNISHED FOR" TIiE` 1NSTROCjfONfFEE., THE -BASIC SAILING � -' •`-COURSE INCLUDE$ PARTS OF TIIE BOAT, R16Q0N9 THE BOAT, GETTING UNDERWAY, DOCKING'., ALL POINTS OF_, SAPLING, SAFETY, SAIL ING THEORY-AND. SOLO 3AILING. , EACH' GRADUATE'TjILL AtCEiVE A'CERTIFICATE AND ;A DISCOUNT' FO$f-RDTAL THE " •FOLLOWING WEEK,•OURING °WEEKOAYS. PERM TTEE`Wi LL OBTAiN•A 16- FOOT�3AIL•"• _ r 'BOAT IN WHICH TO DIVE pA31C SAILIN3 INSTRUCTION. " PERMITTEE HEREBY RELEASES THE,CITY FROM ALL'_ DAMAGES SAND CLAIMS OF'ALL AND ANY SORT, WHETHER TO PERSON'OR TO PROPERTY, ARISI1,13 INCIDENT TO THE PERMITTE£18 USE OF THE PREMISES OR, ARISING DURING (HE PERMITTEEIS '�ti ,• ' USE OF THE PREMISES AND AGREES TO HOLD THE CITY HARMLESS FROM ANY DAMA^.0 ,SUSTAINED "BY�PERMITTEE OR BY ANY or H15 AGENTSyi,CMPLOYEES OR INVITEES, "AND, T0 INDEMNIFY TH11 CITY AGAINST ANY AND AI.L•CLAIMS'FOR SUCH LOSS, DAMAGE V1 I s , INJURY. < •,• _ ..� - � . - ". P,RMITTEE AGREES•THAT HE WILL PROMPTLY EXECUTE -AND FULFILL ALL" ORDINANCES AND REGULATIONS OF THE STATE, COUNTY, CITY AND OTHER GOVERN- >; MENTAL A3ENCIES APPLICABLE..TO SAID PROPERTY, 'AND ALL`ORDINANCES'OR REGULA= +• is TIONS IMPOSED'SY�THE' BOARD OF HEALTH, " SANITATION AND POLICE DEPARTMENTS OF' - -" '• Y i - - 5.• e` - - - `.ice; "If-CITY 'FOR THE CORRECTION, PREVENTION AND'A,BATEMENT OF NUISANCES IN OR CONNECTED WITH SAID PROPERTY 'DURING THE TERM •OF•THIS PERMIT ATPERMITTEEY3, _ 30LE EXPENSE AND COSTS a a' .PEI;MITTEE. 3HAL1.. NOT PLACE, PAINT OR OTHERWISE AFFIX ANY S(ONS AT, OR• ON OR •ABDUT THE'PROPERTY,�OR ANY_ PART THEREOF, EXCEPT WHERE AND'AS •FIRST ' ' - c• _ APPROVED 'IN' WRI'TIN2i -BY THE CITY. , THE- CITY SHALL ,HAVE THE RIGHT AT ANY f TIME T4 "f?EQUIRE, PERMITTEE. TO REMOVE,� OR REPAIR "THE-SI4N5° ALLOWED. ye "' SHOULDnPERMf•TTEE' NOT -REMbV£,'' FAINT OR REPAIR• $A 10 $IGJJS `ii ITHIN TEN GAYS" y.� OF DEMAND, THERCFOR•• IN WI{1TINa, THE CITY MAY FULFILL �1 T3 `DEMANDS 'AND «CHARGE E7(PENSE, � OF -SAME TO PERM' TT'&E`1 - - y q s ., ,.. n r Yy � M) "�'•- , ~ Irv'+, - �•' ., yry. • - V -_} t •i � i v ,t' ` ' • : Q:r - ^,Cr ' `�; r.`. -t, y-,'- ,. '. ,:s. r,:.- • ax',;... � i- s "+'nn `tA� .t3 - a " NO ASSENT, EXPRESS OR IMPLIED, BY THE CITY TO ANY BREACH OF ANY OF `PE RMITTEE'S COVENANTS, AGREEMENTS,,QOND I TIONS OR ,TERMS HEREOF SHALL BE' `X DEEMED OR TAKEN TO BE AyWAIVER OF ANY SUCCEEDING BREACH OF ANY COVENANT, -^+ AGREEMENT, CONDITION OR TERM HEREOF.• N 'L ,e o, a .r h' •, - .p •- " „ . THE CITY RESERVES THE RIGHT TO ENTER SAID PREMISES AT ANY TIME, - , °•,a.++; DURING THE EXISTENCE OF THISrLEASf,FOR THE PURPOSE OF INSPECTING -THE SAME ' IN ORDER TO DETERMINE WHETHER THE -TERMS OF SAID LEASE ARE "BEING OBSERVED - - AND CARRIED OUT. THE ,CITY SHALL HAVE A STATUTORY LANDLORDS LIEN AND I14'ADOITION ' • IT HERESY IS GIVEN AN EXPRESS LANQDLOROIS LIEN AS SECURITY FOR THE•FIXED - "' RENT HEREIN RESERVfp, A9 WELL'AS ANY OTHER CHARGES OR EXPENSES ELSEWHERE d. HEREINABOVE OR HEREINAFTER DESIGNATED AS^ADDITIONAL RENT UPON ALL THE GOODS,,, WARES, - CHATTELS,aIMPLEMENTS, FIXTURES,*, FURNITURE, TOOLS, MACHINERY AND OTHER., " PERSONAL PROPERTY WHICH,PERMITTEE NOW OR AT ANY TIME HEREAFTER PLACES iN - FOR UPON SAID PROPERTY, ALL EXEMPTIONS OF SAID PROPERTY�Ok ANY PART OF 11 T.7 - BEING HEREBY WAIVED. _ A "P• - -s n' �• e PERMITTEE AGREES NOT .TO PUBLETr THE LEASE b 'PREMISES.OR ANY PART,,' THEREOF WITHOUT THE CONSENT OF THE CITY IN WR fTING:4' ' Y sue` WITNESS OUR HANDS, TH1S',-THE DAY' OF °' ;1968, ' " 'IN DUPLICATE ORIGINALS, EACII OF WHICH IS TO 93E CONSIDERED AM ORIGINAL. a' ATTEST: CITY OF CORPUS CHRISTI ` r s, BY'a. CITY SECRETARY; R.-MARVIN TOWNsEND - < CITY MANAGER APPR6VED; OAY.,OF, , 1968: ',. LARRY WIZNIA CITY ATTORNEY. - - +" - '.,- ti x. - •p, g CLARK'WELDON, PERMITTEE - y' ; M''I, ry - .. • . �... .' J ,. �`V �'i ,» = Y +� 9 � - - � - s a x 't' , 17 - CORPUS CHRISTI, CHRISTI, T XAS �v / DAY OF TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY 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 OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCILS I, 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, Y THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JACK R. BLACKMON ✓/ RONNIE SIZEMORE / V. A. "DICK" BRADLEY, J ✓ ✓ ✓R :/ P. JIMENEZ, JR., M.D. / ✓i GABE LOZANO; SR. V , KEN MCDANIEL Y / W. J. "WRANGLER" ROBERTS 7 THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOW 6/G VOTE: /j JACK R. BLACKMON ✓ - Y (1 U RONNIE $IZEMORE V. A. "DICK" BRADLEY, JR, // P. JIMENEZ, JR., M.D. V GABE LOZANO, SR. / KEN MCDANIEL / dp W. J. "WRANGLER" ROBERTS ./