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Home My WebLink About11899 ORD - 02/06/1974JRR &h:cd:l- 13- 74:2nd AN ORDINANCE FINDING THAT PLACING OF CERTAIN BUOYS IN CORPUS CHRISTI BAY DOES NOT CONSTITUTE A HAZARD TO NAVIGATION OR INTERFERE WITH USE OF THE BAY; AUTHORIZING THE BAY YACHT CLUB TO INSTALL UP TO NINE BUOYS AT STRATEGIC LOCATIONS IN CORPUS CHRISTI BAY UNDER CERTAIN TERMS AND CONDITIONS AS DESCRIBED HEREIN; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. WHEREAS, Section 9 -2, Corpus Christi City Code, 1958, requires,the approval of the City Council prior to placing markers in Corpus Christi Bay; and WHEREAS, the Bay Yacht Club of Corpus Christi has applied to the City for permission to place nine (9) buoys at strategic locations in Corpus Christi Bay to serve as a racing course for sailboats; and WHEREAS, the Corpus Christi Marina Board has met and considered such request and recommended the acceptance of the plan at their regular meeting on January 2, 1974; and WHEREAS, the City Council of the City of Corpus Christi has studied the proposal and has determined and hereby finds that such buoys will not be a hazard to navigation and will not interfere with the normal recreational use and enjoyment of the Bay when placed and maintained in accordance with the terms and conditions of this ordinanFe: NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That permission is hereby granted to the Bay Yacht Club of Corpus Christi for the placing of nine (9) buoys at strategic locations in Corpus Christi Bay to serve as a racing course for sailboats. Such buoys shall be located in substantial conformity with the attached plan which is marked Exhibit "A" and incorporated herein the same as if written herein. Said buoys shall be constructed substantially in accordance with the attached Exhibit "B" which is incorporated herein by reverence the same as if written herein. The permission to place the buoys granted herein is conditioned upon, and not valid until, the Bay Yacht Club receives a U. S. Corps of Engineers' permit for said project and complies with all requirements of the U. S. Coast Guard and agencies of the State of Texas, if any, and in particular and without limitation 11899 the U. S. Coast Guard identification requirements for such markers. Such permission is conditioned on and contingent upon the Bay Yacht Club complying with the aforesaid and following terms and conditions and any violation of this ordinance shall immediately constitute a revocation of this grant of authority, as hereinafter more particularly stated, and said buoys shall be removed immediately by the Bay Yacht Club at their expense or the City shall so remove the buoys with the Bay Yacht Club bearing the expense of such removal: 1. The Bay Yacht Club shall maintain the buoys in good condition at all times and the required identification for the markers shall at all times comply with the U. S. Coast Guard rules and regulations. Such buoys shall be marked for easy visibility both during the daylight hours and during the night and shall be equipped with a collar of reflective tape. Unless disapproved by the U. S. Coast Guard, a warning shall be maintained on each buoy having a non - breakaway part or structure below the mean low -tide level. 2. The Bay Yacht Club will immediately remove from the Bay or replace any buoy which breaks its anchorage. Failure to immediately remove or replace such buoy within a reasonable time, considering all direct, physical operative factors including but not limited to inclement weather, shall, within the discretion of the Marina Superintendent, be grounds for immediate cancellation of the permission granted herein. Notice of such cancellation and revocation shall be conclusively deemed effective on such determination of the Marina Superintendent by either communicating such notice in writing or verbally to any officer of the Bay Yacht Club known to him, or by posting said notice on the Bay Yacht Club vessel, or by such posting in the City Ball, or other City public building, if neither the vessel nor such officer is believed by him to be accessible, or, alternatively, by filing said notice with the City Secretary or deputy. 3. Bay Tacht Club will immediately remove from the Bay all buoys and anchors if such should become a hazard to navigation or inter- fere with the normal use of the Bay as determined by the Marina Board or by the City Manager, on the recommendation of a member of the Marina Division, if the Marina Board be not in session. Li .J 4. Bay Yacht Club shall not place any restrictions upon the public's right to use the buoys so installed. 5. Public racing events shall be scheduled through the Marina Superintendent to avoid duplicate scheduling. 6. The Bay Yacht Club shall agree to indemnify and hold City harmless for any and all liability, claims, damage or lawsuit which may result from the placing of these buoys and agrees to execute an indemnification and hold harmless agreement subject to the approval of the City Attorney. 7. Bay Yacht Club agrees to provide public liability insurance in the following amounts: (a) Bodily $100,000 per person - $300,000 per accident (b) Property damage $50,000 per person, $100,000 per accident. Certificates of the above insurance policies must be approved by the City Attorney and filed with the City Secretary prior to the buoys being placed in the Bay. 8. Bay Yacht Club agrees to provide a performance bond for the faithful performance of the terms and conditions of this ordinance subject to the approval of the City Attorney. 9. The Bay Yacht Club agrees to comply with the lawful orders of the U. S. Army Corps of Engineers, U. S. Coast Guard, the City of Corpus Christi Marina Patrol and failure to so comply shall result in cancellation of the permission granted herein, as hereinafter provided. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi after final passage which publication shall contain the caption stating in substance the purpose of the Ordinance and reciting the penalty for violation of the Ordinance. BAY YACHT CLUB wp °T ° m �w. SAILING INSTRUCTIONS are`_...._ n -�" -i R t y I e°" swP. Thy' ,�,a _____�,•_____ " .w..- — w/ °a se` /' /m;, °, Y en BAY YACHT CLUB -'- °HIGH RANOEy' DRTw w. I ° ° w . 89ew �p G WELLH.....;,' °303 w � RED BEACON : Eg ° ° a w C R° P U S ° `J H I r S °• T I B°° ° Y, .L`i l'l e�vx 1' w °SEPERATOR' w O °WELL HEAD N0.48 -2° w �� ........:...: . ,.. i.... f3 WELLH , N0.71 j d ''••i,, \� NAUTICAL MILES BEARINGS MAGNETIC w „ a, CWw— CRUISING COURSES J v Jv v v v � R-WIe-wfha 1i e} e cs+ iotdvr ee s +p eol�pKe PVC Garin ,dinm. 8510' O -D- LeOrr --s on /� ed � Q0 V • - Zrl�cr rp+ pK nre. . V r v� Upper part' of Caring Tilled with V+l hawid styra%orn Tor pooi1i+z iloiafion. d J J- v _k1cfer- Level yr _ 144 ``• 10016. -' Concrela Gallas+ neceswW 4. Float Casing in ave4ccal posA;on — } ^: WWII, 5% submerged and 6 a'oove wafsr �z' Eye 601+ secured 4 6o0om Cop wl2nds + - -- 311 Jaw and swivel IGoly. Wire Cable wlT,6er Cenfer. 5- Lengdh : 25' �6 Golr. stiackle' . UA v,IwcA2r and nut -.; cn So:Vpm end. FL. AU s-tnuC i 10 NJ CdF it CASIAJG TYPE. ?�Ac IMA2f=- _ Concrefe Enc�oSUrE CZ� A�o`F �{,� SCO�e. � �A That the foregoing ordinance read fo the first time and passed to its second reading on this the w day ofC% 19J by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales e1 Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark That the foregoing ordinance was read fo the second time d passed to its third reading on this the day of 197 by the following vote: , Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Starko� That the foregoing ordia a was read for th third time and passed finally on this the -( day of� 19R-- by the following vote: Jason Luby J James T. Acuff ' Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark PASSED AND APPROVED, this the day of-;-K , 19 .17' ATTEST: % City Secretary APPROVED: 2��DAY OF 19 A417 j Cit t orney R THE CITY OF CORPUS CHRISTI, TEXAS OUBLISHEWS AFFIDAVI* STATE OF TEXAS. County of Nuem. Before me, the undersigned. a Notary Public, this day personally came ... . .... . . ..... ...... .......... E, i =9 - . ...... LL�� who being first duly sworn, according to law, says that he is the _-Ld. . ........ ............... of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of Le ,al , mice - - -'o T I. -1.9 . t qg. . ....... . of which the annexed is a true copy, was published in ...... . .... ....... . ........ . ... . ..... on the--' 2�tl-day of. ............. . . 19.71— .....__Times. ... . ...... �ZI�'7 6_U ---- - ( "CZ7 Y-Y' - $_ Richard D. Hardin, Class. Adv. Subscribed and sworn to before me this 126Lth-day Louise Vick L;� - Notary ' Public, 'Nueces County, Texas 0 •