The URL can be used to link to this page

Home My WebLink About09728 ORD - 04/29/1970VMP:4 /29/70 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 THE CORPUS CHRISTI YACHT CLUB FOR THE PRIVILEGE OF USING A WATER AREA TOTALING 9,750 SQUARE FEET, LOCATED IN THE MARINA TURNING BASIN, MORE FULLY DESCRIBED HEREINAFTER, FOR USE BY THE SAID CORPUS CHRISTI YACHT CLUB OF MOORING DRY DOCK FLOATS FOR CLUB MEMBERS' "SUNFISH" TYPE SAILBOATS, FOR A TERM OF ONE YEAR FROM DATE OF EXECU- TION OF THE AGREEMENT, 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 THE CORPUS CHRISTI YACHT CLUB FOR THE PRIVILEGE OF USING THE FOLLOWING DESCRIBED WATER AREA IN THE MARINA TURNING BASIN: AN AREA OF WATER TOTALING 9750 SQUARE FEET, LOCATED IN THE MARINA TURNING BASIN, BEING CONTAINED IN A RECTANGLE MEASURING 195' x 50', SITUATED 35' EAST, ON A PERPENDICULAR, FROM THE WATER EDGE AT THE BOTTOM SEAWALL STEP AND 50' NORTH, ON A PERPENDICULAR, FROM THE NORTH WATER EDGE OF THE CORPUS CHRISTI YACHT CLUB PROPERTY, FOR A TERM OF ONE YEAR FROM DATE OF EXECUTION OF THE AGREEMENT, FOR THE PRIVILEGE OF USING THE AFORESAID WATER AREA BY THE SAID CORPUS CHRISTI YACHT CLUB OF MOORING DRY DOCK FLOATS FOR CLUB MEMBERS' "SUNFISH" TYPE SAILBOATS, ALL AS MORE FULLY SET OUT IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY TO PROVIDE ADEQUATE DRY DOCK FLOATS FOR THE CORPUS CHRISTI YACHT CLUB MEMBERS AT THE EARLIEST PRACTICABLE DATE CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE GATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, ANp THE MAYOR HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY EXIST, AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT 928 VMP:4/29/70 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 THE CORPUS CHRISTI YACHT CLUB FOR THE PRIVILEGE OF USING A WATER AREA TOTALING 9,750 SQUARE FEET, LOCATED IN THE MARINA TURNING BASIN, MORE FULLY DESCRIBED HEREINAFTER, FOR USE BY THE SAID CORPUS CHRISTI YACHT CLUB OF MOORING DRY DOCK FLOATS FOR CLUB MEMBERS' "SUNFISH" TYPE SAILBOATS, FOR A TERM OF ONE YEAR FROM DATE OF EXECU- TION OF THE AGREEMENT, 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 THE CORPUS CHRISTI YACHT CLUB FOR THE PRIVILEGE OF USING THE FOLLOWING DESCRIBED WATER AREA IN THE MARINA TURNING BASIN: AN AREA OF WATER TOTALING 9750 SQUARE FEET, LOCATED IN THE MARINA TURNING BASIN, BEING CONTAINED IN A RECTANGLE MEASURING 195' X 50', SITUATED 35' EAST, ON A PERPENDICULAR, FROM THE WATER EDGE AT THE BOTTOM SEAWALL STEP AND 50' NORTH, ON A PERPENDICULAR, FROM THE NORTH WATER EDGE OF THE CORPUS CHRISTI YACHT CLUB PROPERTY, FOR A TERM OF ONE YEAR FROM DATE OF EXECUTION OF THE AGREEMENT, FOR THE PRIVILEGE OF USING THE AFORESAID WATER AREA BY THE SAID CORPUS CHRISTI YACHT CLUB OF MOORING DRY DOCK FLOATS FOR CLUB MEMBERS' "SUNFISH" TYPE SAILBOATS, ALL AS MORE FULLY SET OUT IN THE AGREEMENT, A COPY OF WHICH 15 ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY TO PROVIDE ADEQUATE DRY DOCK FLOATS FOR THE CORPUS CHRISTI YACHT CLUB MEMBERS AT THE EARLIEST PRACTICABLE DATE CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE 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, ANp THE MAYOR HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY EXIST, AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT 9728 FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE 29TH DAY OF APRIL, 1970. ATTEST: CCREARY CITY APPROVED: 291H DAY OF APRIL, 1970: THE CITY OF CORPUS CHRISTI, TEXAS AGREEMENT THE STATE OF TEXAS j COUNTY OF NUECES WHEREAS THE CITY OF CORPUS CHRISTI, TEXAS, A HOME RULE CITY, MUNICIPAL CORPORATION AND BODY POLITIC, ACTING BY AND THROUGH ITS CITY MANAGER, R. MARVIN TOWNSEND, HEREINAFTER CALLED CITY, AND THE CORPUS CHRISTI YACHT CLUB, ACTING BY AND THROUGH ITS BOARD OF DIRECTORS, HEREINAFTER CALLED CLUB, ARE MUTUALLY DESIROUS OF ENTERING INTO AN AGREEMENT FOR THE SURFACE RENTAL BY THE CITY TO CLUB OF A PORTION OF CITY'S MARINA WATERS FOR THE USE BY CLUB THEREON OF MOORING DRY DOCK FLOATS FOR CLUB MEMBERS' "SUNFISH" TYPE SAILBOATS, NOW, THEREFORE, THE CITY AND CLUB HAVE MADE AND ENTERED INTO THE FOLLOWING AGREEMENT: THE CLUB HEREBY AGREES TO RENT FROM THE CITY, AND THE CITY AGREES TO RENT TO THE CLUB. AN AREA OF WATER TOTALING NINE THOUSAND SEVEN HUNDRED AND FIFTY (9,750) SQUARE FEET, LOCATED IN THE MARINA TURNING BASIN, SAID RENTED AREA BEING CONTAINED IN A RECTANGLE MEASURING ONE HUNDRED NINETY -FIVE (195) FEET BY FIFTY (50) FEET, SITUATED THIRTY -FOUR (34) FEET EAST, ON A PERPEN- DICULAR, FROM THE WATER EDGE AT THE BOTTOM SEAWALL STEP AND FIFTY (50) FEET NORTH, ON A PERPENDICULAR, FROM THE NORTH WATER EDGE OF THE CORPUS CHRISTI YACHT CLUB PROPERTY, AS DETAILED IN THE ANNEXED MAP, MARKED "EXHIBIT A ", BY THIS REFERENCE INCORPORATED HEREIN. II THE EFFECTIVE DATE OF THIS AGREEMENT IS THE DATE HEREOF. 111 THE BASE TERM OF THIS AGREEMENT IS TWELVE MONTHS. CLUB SHALL PAY TO CITY, AS RENTAL, THE SUM OF SEVENTY -FIVE ($75.00) DOLLARS PER MONTH, DURING SAID BASE TERM, PAYABLE ON THE FIRST OF EACH MONTH. AFTER EXPIRATION OF THE BASE TERM, THE CLUBS USER OF SAID AREA SHALL BE A MONTH -TO -MONTH TENANCY, AND FOR EACH SUCH MONTH THE CLUB SHALL PAY TO CITY, AS RENT, THE SUM OF FORTY - EIGHT DOLLARS AND SEVENTY -FIVE CENTS ($118.75) PER MONTH, PAYABLE ON THE FIRST OF EACH MONTH. Iv CLUB SHALL HAVE THE EXCLUSIVE RIGHT TO THE USE OF THE ABOVE DESCRIBED RENTAL AREA AND MAY PLACE THEREON MOORING DRY DOCK FLOATS FOR CLUB M£MBERSI "SUNFISH "-TYPE SAILBOATS. V CITY MAY CANCEL THIS AGREEMENT AT ANY TIME BY SENDING NOTICE OF CANCELLATION, CERTIFIED MAIL, RETURN RECEIPT REQUESTED, ADDRESSED TO THE COMMODORE, AT THE CORPUS CHRISTI YACHT CLUB, EFFECTIVE SIXTY (6o) DAYS AFTER THE DATE SUCH NOTICE IS CERTIFIED FOR MAILING. CLUB MAY LIKEWISE CANCEL WHEN ITS NOTICE IS ADDRESSED TO THE DIRECTOR, MARINA DEPARTMENT, CITY OF CORPUS CHRISTI, TEXAS. NEITHER THE CITY OR THE CLUB SHALL BE LIABLE FOR CANCELLATION MADE IN ACCORDANCE WITH THE TERMS OF THIS PARAGRAPH. SUCH CANCELLATION, HOWEVER, SHALL NOT DISCHARGE OR EXTINGUISH ANY RENTALS DUE, OWING, AND UNPAID SY CLUB TO THE CITY AS OF THE EFFECTIVE DATE OF CANCELLATION NOR RENTAL DUE BECAUSE OF CONTINUING USER OR OCCUPANCY OF THE SAID AREA BY CLUB AFTER THE EFFECTIVE DATE OF CANCELLATION, IN WITNESS WHEREOF THE CITY, BY AND THROUGH ITS CITY MANAGER, AND THE CLUB, BY AND THROUGH (TS COMMODORE, HAVE HEREUNTO SET THEIR HANDS, AS DULY AUTHORIZED AND DIRECTED BY MOTION or THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS, AND BY RESOLUTION OF THE BOARD OF DIRECTORS OF THE CORPUS CHRISTI YACHT CLUB, RESPECTIVELY, COPIES OF WHICH ARE ATTACHED HERETO, THIS DAY OF , 1970, AT CORPUS CHRISTI, NUECES COUNTY, TEXAS. CITY OF CORPUS CHRISTI ATTEST: CITY SECRETARY APPROVED: DAY OF CITY ATTORNEY ATTEST: 1970: BY: R. MARVNN TOWNSEND, CITY MANAGER CORPUS CHRISTI YACHT CLUB COMMODORE —r 34=--r — — .0CA•evilA J1 t4A-RI8A 7URVA/G- 23A /95" ,°11-.4'. 9/15°0 -F0 R .SUNF1 • EXHIBIT "A" yo. C.C. Y. C. /=?R'OgDE.RTY ' --1 L Corpus Christi, T° as Q..day of L e , 19 70 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 Council; 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, YOR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick"Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore ae.e .% J ( The above ordinance was passed by the following vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. i'Wrangler" Roberts Ronnie Sizemore