HomeMy WebLinkAbout10528 ORD - 10/20/1971-1 . -, 1 .
It AN ORDINANCE
` AUTHORIZING THE MARINA SUPERINTENDENT TO EXECUTE SLIP RENTAL
CONCESSION PERMITS, A COPY OF WHICH IS ATTACHED HERETO AND
MARKED EXHIBIT "A "; PROVIDING FOR REVIEW BY THE MARINA BOARD;
PROVIDING STANDARDS IN THE CASE OF 14J LTIPLE APPLICANTS; PRO-
VIDING FOR REVOCATION OF PERMITS; PROVIDING FOR AN APPEAL TO
THE CITY MANAGER; PROVIDING FOR AN APPEAL TO THE CITY COUNCIL;
PROVIDING A SAVINGS CLAUSE; APPEALING ORDINANCES IN CONFLICT;
AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS: 1
SECTION 1. THAT THE MARINA SUPERINTENDENT BE, AND HE IS HEREBY,
AUTHORIZED TO EXECUTE ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS, SLIP
RENTAL CONCESSION PERMITS, ACCORDING TO THE TERMS AND CONDITIONS OF THE COPY
ATTACHED HERETO, MARKED EXHIBIT "A ", AND INCORPORATED HEREIN BY REFERENCE AS IF
FULLY SET OUT.
SECTION P. ALL APPLICATIONS FOR RENTAL CONCESSION PERMITS SHALL BE
FIRST PRESENTED TO THE MARINA BOARD AND THE BOARD SHALL REVIEW SUCH APPLICATIONS
TAKING INTO CONSIDERATION THOSE CRITERIA SET OUT IN SECTION 3 OF THIS ORDINANCE
AND AFTER SUCH REVIEW THE MARINA BOARD SHALL MAKE ITS RECOMMENDATION TO THE MARINA
• SUPERINTENDENT WHO WILL THEN EXECUTE THE PERMIT. IF THE BOARD DOES NOT RECOMMEND
THE GRANTING OF THE PERMIT, THE APPLICATION WITH THE BOARDS RECOMMENDATION AND
COMMENTS WILL BE FORWARDED TO THE CITY MANAGER FOR SUBMISSION TO THE CITY COUNCIL
FOR ITS ACTION.
SECTION 3. THE MARINA SUPERINTENDENT MAY GRANT AS MANY RENTAL CON-
CESSION PERMITS AS IS CONSISTENT WITH THE SPACE AVAILABLE AND THE SAFE AND ORDERLY
OPERATION OF THE MARINA; PROVIDED, THAT WHERE THERE IS MORE THAN ONE APPLICANT
FOR AN AVAILABLE RENTAL CONCESSION PERMIT, THE SUPERINTENDENT SHALL GRANT SUCH
PERMIT TO THE BEST APPLICANT, TAKING INTO CONSIDERATION THE FOLLOWING:
`(A) PRIOR PERFORMANCE UNDER PREVIOUSLY ISSUED PERMITS OF
i A SIMILAR NATURE IN THE MARINA;
(B) THE QUANTITY AND QUALITY OF THE APPLICANT'S AVAILABLE
EQUIPMENT TO BE USED IN THE BUSINESS CONTEMPLATED BY
THE PERMIT;
(C) THE GENERAL•FINANCIAL CONDITION AND BUSINESS STABILITY
OF THE APPLICANT.
THE MARINA SUPERINTENDENT IS EXPRESSLY DIRECTED THAT AS BETWEEN
i
APPLICANTS OF EQUAL QUALIFICATIONS, PREFERENCE SHALL BE GIVEN TO APPLICANTS WHO
HAVE PREVIOUSLY BEEN GRANTED PERMITS TO OPERATE IN THE MARINA AND HAVE PERFORMED
UNDER SUCH PERMITS SATISFACTORILY.
10528
ol.CTJON lI. llu: WARINA Silt-NINi CtIDL'H1 IS AUTiioRini) TO RL1'OISC
ANY PLif Fill GNAUM) PUW,UAin 10 TIII!> Oi:DINANCf %,IiINEVI.)f TIIL. N.I: w rCF. UNDCrI
THE- SLIP RENTAL CONCESSIGN PERIM FAILS TO COHPLY WITH ANY Of' THE TFRIIS,
CONDITION!, l.NO Of3LIGA1 *I('!M INPOSCf) L'Y SUCH SLIP RENTAL CONCESSION PERMITS,
SECT 1O.N j, ANY PERSON WIIO IS DC14ILD A PERMIT, OR WHOSE: PCFMIT IS
REVOKED UY TIIE HARINA SUPFRINT FIiPi:NT SHALL IIAVI:.TIIE RIGHT TO APPEAL SULH
PECIS ION OF THE 11ARM,, SUPERINTEHDCNT, TO THE CITY MAIIAGER, WITHIN FIFTEEN
DAYS F -Hom THE DATE OF T11C DENIAL OF THE PERMIT OR THL' REVOCATION'.
�iUCli APPEAL SHALL DC IN WRITING AND ADDRE:SSFD TO THE CITY MANAGER AND SHALL
SET OUT SPECIFICALLY WHY THE DECISION OF THE MARINA $UPCRINTf.NDf:IIT IS ARBI-
TRARY OR UNREASONABLE. IF THE DECISION OF THE CITY MANAGFR IS ADVI:RSC TO
THE APPEALING PARTY, THEN IIE MAY, WITHIN FIFTEEN (15) DAYS OF THE DATE OF'
THE DECISION OF TIIE CITY MANAGER., APPEAL SUCH DECISION TO THE CITY COUNCIL.
TIIE APPEALING PARTY SHALL UC GIVEN A HEARING 114 CONNCCTION WITH ANY APPEAL
UNDEII THIS SECTION AND HE SHALL BE GIVEN TEN(10) DAYS NOTICE PRIOR TO THE
DATE OF SUCH HEARING. AT A14Y HEARING HELD UNDER THE PROVISIONS OF TI11S
SCCTION, THE BURDEN SHALL DC ON THE APPEALING PARTY TO SHOW, BY SUBSTANTIAL
EVIDENCE, THAT THC DECISION OF THE MARINA SUPERINTENDENT IS FRLDULENT, ARBI-
TRARY, OR UNREASONABLE.
SECTIOIJ 6. IF FOR ANY REASON A14Y SECTION, PARAGRAPH, SUDDIVISION,
CLAUSE, PHRASE, OR PROVISION OF THIS ORDINANCE SHALL BE HELD INVALID BY
FINAL JUDG14ENT OF A COURT OF COMPETENT JURISDICTION, IT SHALL NOT AFFECT
ANY VALID PROVISIONS OF THIS OR ANY OTHER ORDINANCE OF THE CITY OF CORPUS
CHRISTI TO WHICH THESE RULES AND REGULATIONS RELATE. '
SECTM4 7. ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH SHALL OC AND ARE HEREBY REPE:4LED TO THE EXTENT OF CONFLICT HEREWITH.
SECTION 8. THE NECESSITY TO AUTHORIZE THE MARINA SUPERINTENDENT 1`
TO EXECUTE SLIP RENTAL CONCESSION PEFLNIIS, DURING THE SUMMER SEASON, CREATES �tt
F
A PUBLIC CHERGCHCY AND IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION 1�
OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY f!
017 THE DATE Of' ITS INTRODUCTION OUT THAT SUCH ORDINANCE OR RESOLUTION SHALL !
'i
-2-.
(If: RrAD /.'1' 'I l:fif:L SCVVRAI, IILrT INC:S of- 1Ur. C11Y COUIFC IL, AND TIIC. MAYOR IIAV INC.
DECLARL'D :UC!I C14ERGI:NCY AND CCCI::•SITY TO EXIST, AND HAVING REQUESTED TIIC
DU'+P t:L'SIUN Or TIIC C);AIt1ER 1.UL1: AND THAT 11115 'ORDINANCE BE PASSED rINALLY OR
TILE DATE OF' ITS INTRODUCTION AND TAKE EI'r CCT A14D OL' IN FULL FORCE AND 1:17 LLCT
rRO:a AND AFTER 1T9 VASSAGE, 11' IS ACCORDINGLY'SO ORDAINED, T1115 1uF:�d
DAY or 0971,
971,
ATTEST:
C11Y S CRETAR
THE C171 OF COT' Iir, TI, 'TEXAS
APPROVED:
A6- DA1' 11« 1 971:
CITY TTORNEY
SLIP RENTAL CONCESSION PERMIT
PERMITTEE
DATE:
ADDRESS
HONE PHONE OFFICE PHONE
TYPE (S) OF BOAT RENTING
MAXIMUM QUANTITY & TYPES OF BOATS:
(1) SAILBOATS: (A) QUANTITY TYPE
(B) QUANTITY TYPE
(2) OUTBOARD BOATS: (A) QUANTITY TYPE
(B) QUANTITY TYPE
(3) INBOARD BOATS: (A) QUANTITY TYPE
(B) QUANTITY TYPE
I, THE UNDERS IGNED, IN CONSIDERATION OF THE CITY OF CORPUS CHRISTI
PROVIDING AN ASSIGNED BERTHING SPACE AND A PERMIT FOR THE OPERATION OF A
RENTAL BOAT BUSINESS IN THE CITY MARINA, DO HEREBY AGREE TO THE FOLLOWING
TERMS AND CONDITIONS:
I
THE EXACT LOCATION FOR THE OPERATION OF THIS CONCESSION WILL BE
DETERMINED BY THE SUPERINTENDENT OF THE MARINA DEPARTMENT, PERMITTEE TO
• PAY TO THE CITY A MONTHLY RENTAL OF TEN DOLLARS (10.00) PER MONTH PAID IN
ADVANCE, PLUS TEN PERCENT (10 %) OF THE MONTHLY GROSS RECEIPTS. IT SHALL BE
THE DUTY OF THE PERMITTEE TO FILE WITH THE DIRECTOR OF FINANCE OF THE CITY
A SWORN STATEMENT SHOWING ALL RECEIPTS. SAID VERIFIED STATEMENTS SHALL BE
FILED WITHIN TEN (10) DAYS FOLLOWING THE END OF THE ACCOUNT MONTH. THE
PERMITTEE SHALL INSTALL AND KEEP AN ADEQUATE SYSTEM OF BOOKS AND RECORDS.
SAID SYSTEM IS TO BE APPROVED BY THE DIRECTOR OF FINANCE OF THE CITY, AND
SHALL BE SUBJECT TO INSPECTION BY THE GOVERNING BODY OR ANY PERSON THE CITY
MAY DESIGNATE.
II
BEFORE CONDUCTING ANY BUSINESSy THE PERMITTEE SHALL CARRY FOR
THE BENEFIT OF THE PUBLICS NAMING THE CITY AS ADDITIONAL INSURED, PUBLIC
LIABILITY INSURANCE, HAVING PROVISION THEREIN TO PROTECT THE CITY IN ALL
RESPECTS FROM ANY CLAIM WHICH MIGHT BE PRESENTED BY REASON OF THE OPERATION
OF THE BUSINESS, THE CONDITION OF THE MARINA OR THE CONDITION OF THE PRO-
PERTY OF THE PERMITTEE. SAID INSURANCE SHALL BE EVIDENCED BY A CERTIFICATE
FURNISHED TO THE MARINA SUPERINTENDENT FOR FILING WITH THE CITY'S COPY OF
THE AGREEMENT. SAID INSURANCE IS TO HAVE $100,000 COVERAGE PER PERSON, AND
$300,000 FOR EACH OCCURRENCE OF PERSONAL INJURY, AND $50,000 FOR EACH OCCUR-
RENCE OF PROPERTY DAMAGE. FOR THE PURPOSE OF THIS AGREEMENT, ALL EQUIPMENT
AND BOATS USED BY THE PERMITTEE SHALL BE CONSIDERED HIS PROPERTY. IN ADOI-
TION, THE PERMITTEE AGREES THAT IN THE EVENT ANY CLAIM IS PRESENTED BY
REASON OF THE OPERATION OF THE PERMITTEE'S BUSINESS, THE CONDITION OF THE
MARINA, OR THE CONDITION OF THE PROPERTY OF THE PERMITTEE,THEN SAID
PERMITTEE AGREES TO SAVE THE CITY HARMLESS AGAINST ANY SUCH CLAIMS AND
DEFEND THE CITY IN ANY LAWSUIT ARISING OUT OF SUCH CLAIMS, WHERE SUCH CLAIM
IS NOT COVERED BY THE ABOVE- MENTIONED INSURANCE POLICY.
III
IN CONNECTION WITH THE ACTUAL RENTALS OF THE BOATS REFERRED TO
ABOVE, THE FOLLOWING CONDITIONS SHALL APPLY:
(A) ALL THE RENTAL BOATS AND EQUIPMENT MUST BE DEEMED SAFE IN
THE OPINION OF THE MARINA SUPERINTENDENT AND SHALL MEET APPLICABLE U. S.
COAST GUARD SPECIFICATIONS AND STATE OF TEXAS REQUIREMENTS.
(B) THE RENTAL FEES CHARGED BY THE PERMITTEE SHALL BE REASONABLE,
SHALL BE SUBJECT TO THE APPROVAL OF THE MARINA SUPERINTENDENT AND SHALL
TAKE INTO CONSIDERATION THE FOLLOWING FACTORS:
1. THE NUMBER AND CHARACTERISTICS OF COMPARABLE RENTAL
BOATS OFFERED FOR HIRE IN THE MARINA.
2. RENTAL FEES CHARGED FOR COMPARABLE BOATS IN OTHER
MARINAS.
3. PROJECTIONS•OF THE NUMBER OF PATRONS TO BE REASON-
ABLY ANTICIPATED DURING THE RENTAL' PERIOD.
4. PERMITTEEIS PROBABLE COST OF DOING BUSINESS.
5. SPECIAL FACTORS WHICH ARE LIKELY TO BE OPERATIVE
ON THE PERMITTEE'S BUSINESS.
_2_
(C) NO CHILD UNDER TEN YEARS OF AGE WILL BE PERMITTED TO RENT A
BOAT.
(D) 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. ,
(E) PERMITTEE WILL PROVIDE A PICK -UP BOAT AT ALL TIMES, EQUIPPED
WITH POWER I40TOR TO PROVIDE RESCUE SERVICE TO HIS RENTED FLEET.
(F) PERMITTEE IS TO PROVIDE A FLOATING DOCK AT HIS ASSIGNED
BERTH TO ALLOW SAFE ENTRY OF CUSTOMERS INTO AND OUT OF BOATS.
(G) SMALL SCOOTER -TYPE BOATS OPERATING WITHIN THE MARINA SHALL
NOT BE RENTED OR OPERATED AFTER SUNDOWN.
(H) ANY PROPOSED IMPROVEMENTS TO BE MADE BY PERMITTEE SUCH AS
NEW SIGNS, AWNINGS TICKET BOOTHS, OR OTHER EQUIPMENT ARE SUBJECT TO APPROVAL
BY THE MARINA SUPERINTENDENT. AWNINGS AND SIGN SPECIFICATIONS MUST BE
FOLLOWED AND KEPT IN GOOD REPAIR.
(I) THE MARINA SUPERINTENDENT MAY HAVE ANY EQUIPMENT REMOVED
THAT HE DEEMS UNSAFE AND/OR AESTHETICALLY NONCONFORMING TO PREVALENT
PLANNED GENERAL APPEARANCE, STYLE AND DECOR OF MARINA STRUCTURES.
IV
THE PERMITTEE WILL CONDUCT HIS OPERATION IN A BUSINESSLIKE MANNER
AND WILL POST THE HOURS OF OPERATION IN A CONSPICUOUS PLACE FOR THE BENE-
FIT OF THE PUBLIC AND IS OBLIGATED TO PROVIDE QUALIFIED PERSONNEL AT ALL
TIMES TO PROPERLY ADMINISTER THE PERMITTEEIS OBLIGATIONS HEREUNDER DURING
THE SPECIFIED BUSINESS HOURS. RENTALS SHALL BE MADE ONLY TO PERSONS QUALI-
FIED TO OPERATE SUCH BOATS AS DETERMINED BY INTERROGATION OF THE APPLICANT
BY THE PERMITTEE. ADEQUATE SAFETY AND OPERATING INSTRUCTIONS SHALL BE
MADE TO ALL PROSPECTIVE RENTERS PRIOR TO DELIVERY OF ANY BOAT TO THE
CUSTODY OF SUCH RENTER. GENERALLY AND NOT IN LIMITATION, PERMITTEE MUST
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REMIND ALL CUSTOMERS THAT SPEED INSIDE THE MARINA IS 4 MPH.
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V
PERMITTEE AGREES THAT HE WILL PROMPTLY EXECUTE AND COMPLY WITH
ALL ORDINANCES AND REGULATIONS OF THE STATE, COUNTY CITY AND ANY OTHER
GOVERNMENTAL AGENCY WITH JURISDICTION, AND ALL ORDINANCES OR REGULATIONS
IMPOSED BY THE MARINA DEPARTMENT, BOARD OF HEALTH, SANITATION AND POLICE
DEPARTMENTS OF THE CITY WITH REFERENCE TO THE CORRECTION, PREVENTION ANC
ABATEMENT OF NUISANCES IN OR UPON OR CONNECTED WITH THE OPERATION OF HIS
BUSINESS AND THE SPACES PROVIDED BY THE MARINA DEPARTMENT DURING THE TERM
OF THIS AGREEMENT AT HIS SOLE EXPENSE AND COST.
VI
THE PERMITTEE MAY CANCEL THIS AGREEMENT BY NOTIFYING THE MARINA
SUPERINTENDENT IN WRITING AT LEAST TWO (2) WEEKS PRIOR TO SUCH CANCELLA-
TION. THE CITY RESERVES THE RIGHT TO REVOKE THE PERMIT AND PRIVILEGES
EXTENDED HEREIN UPON FAILURE OF THE PERMITTEE TO START HIS OPERATION WITH-
IN FIFTEEN (15) DAYS AFTER THE PERMIT IS GRANTED OR TO COMPLY WITH ANY OF
THE CONDITIONS IMPOSED ON PERMITTEE IN THIS AGREEMENT.
UE
THE CITY ALSO RESERVES THE RIGHT TO ENTER SAID RENTED PREMISES
AT ANY TIME DURING THE EXISTENCE OF THIS AGREEMENT FOR THE PURPOSE OF
INSPECTING THE AREA ASSIGNED TO PERMITTEE IN ORDER TO DETERMINE WHETHER
THE TERMS OF SAID AGREEMENT ARE BEING OBSERVED AND CARRIED OUT. THE CITY
SHALL HAVE A LIEN,AND,IN ADDITION,IT HEREBY IS GIVEN AN EXPRESS 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 AND EQUIPMENT 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.
VIII
PERMITTEE AGREES NOT TO ASSIGN THE PERMIT AND PRIVILEGES EXTENDED
HEREIN OR ANY PART HEREOF WITHOUT THE WRITTEN CONSENT OF THE MARINA
SUPERINTENDENT.
Ix
THE TERMS OF THIS PERMIT SHALL BE FOR ONE (1) YEAR BEGINNING ON
THE DATE SUCH PERMIT IS GRANTED.
WITNESS OUR HANDS THIS THE DAY OF
19 IN DUPLICATE ORIGINALS EACH OF WHICH IS TO BE CONSIDERED AS AN
ORIGINAL.
CITY OF CORPUS CHRISTI
BY
PERMITTEE MARINA SUPERINTENDENT
s
CORPU�S�J CHRISTI TEXAS,, J/n
- 1DYL(� DAY OF`�"U'�
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTIy 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, THEREFOREI
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.
- •=RE•SP -Y,
0
V
YO
THE CITY OF CORP HRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
RONN I E S I ZEMORE
" CHARLES A. BONNIWELL
ROBERTO BOSQUEZ
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANOj SR.
J. HOWARD STARK
THE ABOVE ORDINANCE WAS PASSED BY THE
FOLLOWING VOTE:
RONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ
/
/�LQ
due-,)-
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANOy SR.
J. HOWARD STARK
Y