HomeMy WebLinkAbout11899 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.
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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.
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CASIAJG TYPE. ?�Ac IMA2f=-
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Enc�oSUrE CZ� A�o`F �{,� SCO�e.
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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
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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
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of which the annexed is a true copy, was published in ...... . .... ....... . ........ . ... . .....
on the--' 2�tl-day of. ............. . . 19.71—
.....__Times. ... . ......
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$_ Richard
D. Hardin, Class. Adv.
Subscribed and sworn to before me this 126Lth-day
Louise Vick
L;� - Notary ' Public, 'Nueces County, Texas
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