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HomeMy WebLinkAbout12988 ORD - 01/21/1976JKH:'hb:12 /16/75:1st AN ORDINANCE GRANTING A FRANCHISE TO MARINA INN, INC., DBA SHERATON MARINA INN, FOR THE OPERATION OF ONE OR MORE MINIATURE TRAINS FOR HIRE ALONG THE BAYFRONT AND THE DOWNTOWN AREA OF CORPUS CHRISTI, FOR A TERM OF FIVE YEARS, UNDER THE TERMS AND CONDITIONS AND ALONG THE ROUTE SET FORTH IN THE FRANCHISE, A SUB- STANTIAL COPY OF WRICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A "; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Marina Inn, Inc., dba Sheraton Marina Inn, authorized to do business in Texas, and with offices in Corpus Christi, Nueces County, Texas, be and it is granted a franchise, for a term of five years, for the operation of one or more miniature trains for hire along the bayfront and the downtown area of Corpus Christi, under the terms and conditions and along the route set forth in the franchise, a-sub- stantial copy of which is attached hereto and made a part hereof, marked Exhibit "A ". SECTION 2. A copy of this ordinance shall be published in the Corpus Christi Times, the official newspaper of the City of Corpus Christi, within five (5) days following each of the three readings of this ordinance, and the expense of such publication shall be borne by the Grantee. 12988 THE STATE OF TEXAS I KNOW ALL NEN BY THESE PRESENTS: COUNTY OF NUECES Y This franchise is made and entered into by and between the City of Corpus Christi, a municipal corporation located in Nueces County, Texas, hereinafter called City, and Marina Inn, Inc., d.b.a. Sheraton Marina Inn, hereinafter called "Grantee ", for the concession, uses and privileges as stated for a term of five years, and all extensions granted thereafter, under the terms hereinafter provided: I For ten percent (10%) of the net profit from the train operation, the Grantee shall have the right to conduct the business of operating one or more miniature trains for hire along the route and under the conditions hereinafter provided: (1) Percentage of net profits from the train operation shall be calculated upon the last day of each calendar month and payment made within ten (10) days thereafter. Net profits shall be the amount remaining after all expenses except depreciation, are deductedifrom gross receipts of the train operation.A schedule of fares to be charged shall be submitted to the City for its approval and fares shall be charged in accordance with such approved schedule. Any changes in the fare schedule must be approved by the City. All fares shall be nondiscriminatory. The foregoing clause shall not be construed so as to forfeit the right of Grantee to transport, at its option, free of charge its hotel patrons from the hotel to any designated location and return as deemed necessary by the Grantee. In such an event, the calculation of net profit shall exclude the cost of the transportation of such hotel patrons. The trains shall be operated during times of need and on such schedules deemed by Grantee to be the most advantageous to the general public. (2) The miniature trains to be used in the operations, a franchise for which is herein granted, shall be of the type illustrated in Exhibit "A ", attached hereto and made a part of this franchise. The train shall consist of an engine and not exceeding three (3) passenger cars with an overall length to not exceed 76 feet and overall width of 6 feet. Each of the passenger cars shall carry up to 28 passengers. It shall be equipped with pneumatic tires. It shall be equipped with all legally required safety devices including brakes, lights, turn signals and horn. The trains engine will be inspected and carry an approved State inspection auto sticker. All safety factors required by the Texas State Highway Department licensing bureau are to be met. This includes, but is not limited to: a. Emblem on back - "Slow- moving vehicle ". b. Overhead flashing lights on towing vehicle. c. Operator is to have a chauffeur's license. It will also be equipped with a passenger communication system, operated by the "engineer ", and may include dialogue about the bayfront and other points of interest while underway. The train will be equipped with a bell, and whistle which will be used at intersections and on starting. Their use, though part of the "train" theme atmosphere, is not to be excessive. The City shall be the judge of excessive noise. Simulated or artificial smoke may be emitted from the engine. Such colored steam or substance shall meet the air pollution control requirements. The units may be named "Sheraton Marina Inn Railroad" and advertising panels may be on the ends and sides of the cars to discreetly promote the hotel and its facilities and /or civic programs of public interest. No adver- tising space may be sold. The train shall be stored at night off public property. (3) The trains will follow the east side of Shoreline Drive and will travel on various routes in the downtown area bounded by Emerald Beach on the south, the Harbor on the north, the T -Heads on the east and the Bluff on the west. The trains will be allowed to make irregular tours of the L -Head and T- Heads. The trains shall have a top speed of not more than twenty -five (25) miles per hour and will be operated at or about ten (10) miles per hour :. The trains will reduce brake speed and proceed with extreme caution in the areas of congested traffic and in areas of pedestrians and shall yield the right of way to traffic and pedestrians. a. The authorized area to be covered by the train includes all of downtown below the bluff and from the Bayfront Arts and Science Park to Emerald Beach, including the T -Heads and L -Head in the Marina, as illustrated in Exhibit "B ", attached hereto and made a part of this franchise. -2- b. The primary route is to be between the Sheraton - Marina Inn and the Bayfront Arts and Science Park, using Shoreline Drive and Water Street. c. The route to Emerald Beach will be on Water Street to Buford; to cross Shoreline at the light; to enter Emerald Beach at the main entrance; and to exit at the parklot cut on Shoreline. d. The main route between the Sheraton and the Coliseum will be on Water Street. e. Shoreline has fast- moving traffic and the train is to use the seawall walk where possible. Streets leading onto the T -Heads and L -Head cross the seawall sidewalk and have driveway cuts from the walkway to each street. A driveway cut will need to be made at the end of the seawall at the Bayfront Arts and Science Park. This new cut will beat the Grantee's expense. (4) Before conducting any business, the Grantee shall carry for the benefit of the public, naming the City as insured, public liability and property damage insurance, having provisions herein to protect the City in all respects from any claims which might be presented by reason of the operation of the business, the condition of the operating premises, the condition of the sidewalk, the condition of the Marina or the condition of the property of the Grantee and said insurance shall be evidenced by certificate furnished the City, with minimum limits of $100,000 per person, and $300,000 for each occurrence of personal injury and $50,000 for each occurrence of property damage. (5) No assignment or transfer of this franchise shall be made without written approval by the City. The City, through such employee as designated by the City Manager, shall have the right to inspect all records on the train operation and any assignee so approved by the City. No change in route area designated or composition of the trains shall be made without written approval of the City. (6) The Grantee hereby releases the City from all damages and claims of all and any sort, whether to person or to property, arising incident to the Grantee's use of the premises or arising during the Grantee's use of the premises and agrees to hold the City harmless from any damage sustained by Grantee or by any of his agents, employees or -3- invitees, and to indemnify the City against any and all claims for such loss, damage or injury. (7) Grantee agrees that he will promptly execute and fulfill all ordinances and regulations of the State, County, City and other govern- mental agencies applicable to said property and to comply with rules and regulations as promulgated by the Department of Traffic Engineering, and all ordinances or regulations imposed by the Board of Health, Sanitation and Police Departments of the City for the correction, prevention and abatement of nuisances in or upon or connected with said property during the term of this franchise at Grantee's sole expense and cost. (8) No assent, express or implied, by the City to any breach of any of Grantee's covenants, agreements, conditions or terms hereof shall be deemed or taken to be a waiver of any succeeding breach of any covenant, agreement, condition or term hereof. (9) It shall be the duty of the Grantee to file with the Director of Finance of the City of Corpus Christi, a statement showing all receipts and expenses of said train operation within ten (10) days following the end of the calendar month, together with a check to cover fee amounts due the City. Grantee shall install and keep an adequate system of bookkeeping on the train operation which books on the train operation shall be subject to inspection by the governing body of the City and /or any person or persons the City may designate, so as to enable the City to check the correctness of the accounts kept and the amount of gross receipts and expenses incurred. WITNESS OUR HANDS this the day of • 1975, in duplicate originals, each of which is to be considered as an original. The commencement of the five -year term abovementioned shall be when Grantee secures a train and begins operation, but in no event later than December 31, 1976. In the event Grantee does not secure train and begin operation by this date this franchise will become null and void. A'rj ST: CITY OF CORPUS CHRISTI City Secretary By R. Marvin Townsend, City Manager APPROVED: DAY OF , 1975: City Attorney MARINA INN, INC., DBA SHERATON MARINA INN By 11806 11111oDRUFr AVENUE • NIAMEY CAI IF<IRNiA 90241 • 12131 923 -3221 SPECIFICATIONS POWER UNIT GENERAL Two each Power Units. MAIN CHASSIS and rear end manufactured by Clark Towmotor Corporation. Same unit as used in their heavy duty fork trucks. MOTOR Six cylinder gasoline industrial engine manufactured by Chrysler Corporation, 90 H.P. Model No. 30 engine. Radiator heavy duty by Chrysler. Equipped with 50 Amp. Alternator. Battery H24C heavy duty. 30 gallon gas tank. TRANSMISSION Chrysler industrial heavy duty three -speed automatic equipped with lever to lock in any three speeds. Parking position eliminated. Top speed is 25 MPH. REAR END Heavy duty Clark Towmotor with a ratio of 6 to 33 designed for slow speed operation. BRAKES Vacuum over hydraulic operated footbrake. These brakes are equipped with electric brake controls for stopping trailers. Also there are manual controls for applying the brakes for any individual trailer or all three units. LIGHTS Driving lights, directional signals, stop lights, and tail lights. WHEELS AND TIRES Front tires and wheels are B. F. Goodrich, 690 - 600 X 9. All new. Rear tires are 600 X 16 X 6 ply, dual wheels and tires. All new. rxhiQit .�.. '11- • • Specifications - Power Unit Page Two BC DY Main frame of power car k heavy structural framing as used in fork trucks. Top body all reinforced heavy duty fiberglass. Please Note: Design of body is such that it can be removed within 15 minutes for maintenance of vehicle. WEIGHT Approximately 5000 lbs. WHEELBASE 68 in. PUBLIC ADDRESS SYSTEM Manufactured by Cogen. Equipped with heavy duty transmitter, Mobile Amplifier Model No. V.T. 20A. NEW. SIGNALS Power unit is equipped with electric horn and an electric powered cow bell. OVERALL DIMENSIONS Widest paint of power car across seat area is 6 ft. 0 in. This tapers down to 4 ft. 6 in. in front. Overall height from top of fiberglass roof to ground is 6 ft. 9 in. From top of main body to ground is 47 in. FIRE EXTINGUISHER 5 lbs. dry powder type. GENERAL COMMENTS These units were completely overhauled and are .in perfect operating condition. Inspection invited. ssaJdwo� UpJ17 s. a EXHIBIT "B" AUTHORIZED AREA OF •; {. RATON INN R 1L.;) BEACH ,A' :FROV : ;CI iiNCE REGL AR ROUTES TERN/. ROUTES • THAT THE FOREGOING ORDINANCE VAS READ FOR, THE Fl T DIME AND ASSED TO ITS SECOND READING ON THIS THE /7 DAY OF 4/Jet... 1 BY THE FOLLOWING VOTE: 9 JASON LUBY DP. BILL TIPTON EDUARDO DE ASEB RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THAT THE FOREGOING ORDINA CE WAS R,,D F R THE SEC ND TIME AND�PASSED TO ITS THIRD READING ON THIS THE � DAY OF FOLLOWING VOTE: 19j3, BY THE JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THAT THE FOR GO G ORDINANCE FINALLY ON THIS THE A DAY OF ATTEST: JASON LUBY D FOR THE THIRD TIME AND PASSED , 19 BY THE FOLLOWING VOTE: DR. BILL TIPTON EDUARDO DE AIMS RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE PASSED AND APPROVED, THIS TH TY SECRET Y APIWVED: 11 DAY OF I)L(. , 19 : .l CITY ATTORNEY MAYOR e _ THE CITY OF CORPUS CHRISTI, TEXAS 192 mss/ rtduding the T -Heads and L- passed finally 05 this tna 2111 AN ORDINANCE Head In the Marina, as 11111- day of January, 1976, by the tab GRANTING FRANCHISE TO hated In Exhibit "B ", attached lowing vote: Aye MARINA INN, INC., DBA hereto and made a pert al Ibis Jason Lub5 Aye SHERATON MARINA INN, freebie,. Dr. BIII Tipton Aye FOR THE OPERATION OF b. The primary route Is to be Eduardo de Asses Aye ONE OR MORE MINIATURE batvrean The Snereron•Marine Ruth GIII Aye TRAINS FOR HIRE ALONG Inn and the Bayfr0nt Arts and Bob Gulley THE BAYFRONT AND THE Science Perk, using Shoreline Gabe o no, Sr. Sample Aye DOWNTOWN AREA OF COR- Drive and Water Street. CHRISTI, FOR A TERM Ina route to Emerald PASSED AND APPROVED, OF FIVE `YEARS, UNDER THE TEEMS AND CONDI• TIO1fyy5g AND ALONG THE RO{''SET FORTH IN THE (RANCHISE, A SUB• STANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE �i -PART HEREOF, MARREWERHIBIT "A "; AND PROVIDING FOR PUB- LICATION. IT ORDAINED BY THE c. Beachwillcroaa Shorelines Street ATTEST l day o January, to thls the light; to enter Emerald Beach (115111 G. Read et the main entrance; and to City Secretary exit at the perklm cut on Share- (s)5JasonMP.AYOR line. THE CITY OF d. The Sheraton main and r e between m will CORPUS CHRISTI, TEXAS 0800 and the Coliseum will APPROVED: be on Water Street. 17 DAY OF December, 1975: e. Shoreline has fast-moving use traffic end the train is to use the (s) Michael May, Assistant City seawall walk where possible. Attorney CITY COUNCIL OF THE CITY Streets leadmng onto the T- OF CORPUS CHRISTI, Heads and L -Head cross Me TEXAS: seawall sidewalk and have SECTION 1. Met Marina Inn, driveway Cuts from the walk - Inc., des Sheraton Marina Inn, way to each street. A driveway authorized to do business In cat will need to be made at the Texas. end with offices In Cor- end of the seawall at the BeY- pus Christ!, Shwas granted as from Arts and Selene Park. Texas, b8-end This new cut will be at the trade-Mee, for a term of f Me Grantee's expense. years. for the operation of one (11 Before conducting any or more miniature trains for business, the Grantee shall cer- hlre along the bayfront and the ry for Me bane/ II of the public downtown area of Corpus naming the City as insured, pub- Christi, under the terms and llc IIebllity and property dam- conditions and along the route age Insurance, having pray!. set forth In the franchise, a sub- slnns herein to protect the City stentlel copy of which Is et- (n ell respects from any deep, tacked hereto and made a pert which might be Presented by hereof, marked Exhibit "A ". reason of the operation of the SECTION 2. Acopy01 this or- business, the conditioned the 0p- dineneshall be published In the erasing premises, the condition Corpus Christi Times, the ottl- of thewIdewalk, the condition of dal newspaper of the City of the Marina or the condition of Corpus Christi, within five (J) the property of the Grantee and days following each of the three said Insurance shall be evl• readings of this ordinance, and danced by certificate furnished Me expense of such Publlcetitn the City, with minimum limits shell be borne by the Grantee. of 1102,000 per person, and THE STATE OF TEXAS: 5200,000 for each occurrence of COUNTY OF NUECES: personal Inlury and 150,000 for KNOW ALL MEN BY THESE each occurrence of property PRESENTS: damage. This franchise is made and en- (5) No assignment or transfer tered Into by and between the 01 this franchise shell be made City ar Corpus Christi, a munlci- without written epprovel by the pal corporation located In City. The City, through such em- NuaceS County. Texas, here' ployee as designated by the City !natter celled City, and Marina Manager, shall have the right to inn, Inc., d.ba: Sheraton Ma- inspect all records on the train rine Inn, hereinafter called operation and any assignee SO "Grantee", for the concession, approved by the City. No uses and privileges as stated for change in route area designated a term of five years, and all ex- or composition of the trains tensions granted thereafter, um shell be made without written der the terms nerelnefter pro- approval of the City. pitied: (a) The Grantee hereby re- p leases the City from ail darn. For ten per cent (10%) of the ages and claims of all and any not profit from the train peer- sort. whether to person or to Ilion, the Grantee shall have property, arising Incident to the the right to conduct the business Grantee's use of the premises or of operating one or more min- arising during the Grantee's use leture trains 001 hire along the 01 the premises and agrees to route and under the conditions hold the City harmless from any hereinafter provided: damage sustained by Grantee (I) Percentage of net profits or by any of his agents, employ - from the train operation shall be eel or Invitees, and to Indemnity calculated upon the last day of the City against any and all each Calendar month and AMY- claims tor such loss, damage or meet made within ten (10) days Iaiery. thereafter. Net profits sh811 be - - expenses except OepreclatlOn, ell ordinances and regulations are deducted from gross of the State, County, City and receipts of the train operation. other governmental agencies Fares will be 0101901 on ell applicable to said property and rides schedule of fares or 088 to comply with rules and regu- er. A d 800110 of fares to be lotions as promulgated by the charged shall be submitted to Department of Traffic Engl. the City for IN approval and nearing, and ell ordinances or fares shell be charged In accord- ropulatlons Imposed by the ante with such 085 10 ed sthed- Board 00 Health. SanHatlon end ule. Any changes In the fare pollee Departments of the City schedule must be approved by I01 the Correction, pferenfl07 the City. Ail terse shell be no and statement of nuisances in or discriminatory. The trains shall upon or connected with said be operated during times of property during the term of this need and an such schedules franchise at Grantee's sole ex- deemed by Grantee to be the pence and cost. most advantageous to the goner- 101 No 9580nt, 060es8 or lm• el public. piled, by the City to any brooch (71 The miniature trains to be of any Grantee's covenants, used In the operations, a Iran- egreaments, conditions or chile for which Is herein proof- terms hereof shall be deemed or ed, shall be al the type Illus- trated taken to be a welter of any sec- hereto In Exhibit "A ", attached x)79 breaca of any conven- art made a part of this ant, agreement, condition or franchise. The train shell con- term hereof. aist of an engine and not exceed. (9) It 80011 be 0he 6009 pf the ing three (3) passenger cars Grantee to ills with the Director with 76 overall length to idt ex- of Finance of the City of Corpus 6 fe 76 leer and tithe p width er Christi, a statement showing all 6 lees. Each of the 28 passers- receipts and expenses of sold cars shall 11 s all be equipped with train operation within ten 1101 gars. It shall re equipped wbe days fol lowing theead of the cal- together tires. It shell be ester month, together with a equreped with a0 legally re- brakes, check to Laver tae amounts due braked safety devices turn i1 Including the City. Grantee shall Install s lights, turn signals l be end keep en adequatesystemd horn. The train's engine 9911 be bookkeeping on the Irvin open - ed State inspection ae orry 1 sticker. atlon which books on the train Al Ssafe yfacs auto fired by operation shall be subject to in- the felon required o- 890811on by the governing body the Texas cents g Highway Da- of the City andlor any person or partment licensing bureau ere ns the City may designate, to ll met. This Inuit:UM' but is persons enable the City to c0e[k not limited f0: th0 correctness 01 the eccounta a. Emblem on beck — "Stow• kept and the amount of gross orb. Overhead 11. receipts and expenses Incurred. b.ng veNad fleshllg lights on WITNESS OUR HANDS this towing rotor 1 the - -- day of c. Operator Is to here a cheuf- ,1975, In de- tour's license. It will also be plicate orlpinel8, each of which i ulalred with a passenger corn- pl 10 be Co9Slal% a as an orlpl- 0080 "e Lion system, operate by nal. The commencement of the the "engineer", and may In• fir r term ebovementlond front n6010ue about the bey 80611 a when Grantee securesa .clude front and other POWs of 0(0 will train and begins operation, but wake urftlerwaY• The main and In noevent later than December be 8118 which with a hell, end 31 1470. In the event Grantee whistle which will be used at 9n• d088 not Secure train and 00915 Theirse, and On rtern008 operation by this date this fran- Thetr use, though pare of 808 chlsewill become null end veld. "train" theme atmosphere, is ATTEST: not to be excessive. The City mo11 be the ledge of excessive City Secretary noise. Simulated or ertlllclel CITY OF CORPUS CHRISTI smoke may be emitted from the engine. Such colored steam 01 substance shall meet the a1r poi• teflon control requirements. RYraarvin Townsend, City Man- ager "Sheraton Marina Inn Rail- APPROVED: DAY road" and advertising panels 1973: may be on the ends and sides of OF the ears to discreetly promote Cm, Attorney the hotel and its Mollifies and/ MARINE INN, INC., DBA toor civic Noa0r ve is public space SHERATON MARINA INN mreat. No advertising space may be sold. The train shall be stored at night off public proper• n. (3) The 8,0900 will follow the east side of Shoreline OrIve and will travel on various routes In the downtown area baunded by Emerald Beach on the south, the Harbor on the north, the T. Heads on the east and the Bluff an the west. The trains will be allowed to make irregular town of the L -Heed end T•Heads. The trains shell have a top speed of not more than Iwent•five (35) miles per hour and will be epee Mad at or about ten (10) miles per hour. The trains will reduce brake sped and proceed with extreme caution In the areas of congested traffic and In areas of pedestrians and shell yield tht By That the foregoing ordinance was read for the first time and. tthiistthhe to Its 117th dasecond f December, 1975, by the following rote: Jason Luby Aye Dr. Bill Tipton Aye Eduardo De Agee Aye Ruth Gill A90 Bob Gulley Gabe Loran, Sr. Aye Edward L. Semple Aye That the foregoing ordinance was read for the second time and Passed to Its third reading ea this the 31st daY of Decem- ter, 1975, by the following vote: Jason Luby Aye Dr.Blll Tipton Aye Eduardo De ASea Aye. PUBLISHER'S AFFIDAVIT STATE OF TEXAS, 1,.: County of Nueces. f " Before me, the undersigned, a Notary Public, this day personally came_...._._..__.. �9wQJ a C... v 4Ag119.3._..._—_, who being first duly sworn, according to law, says that he is the A.9.9471 tj: 1lE......._..._..._ ..........._.._._...._._._.... 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 ► ggj,g...[L ORDINACE. GRANTING A FRANCHISE TO MARINA INN . INC. DBA SHERATON MARI ON NA INN, FOR THE OPERATTI OF ONE OR MORE... of which the annexed is a true copy, was published in .QA 1 1 A r- T9A188 on the .2Q _ day of ...Ae_cembtr.. 19 74 and once each_. week thereafter for Z_- . consecutive week ee s,, namal�.._.,Tan ry 3, and 24. 3. s_ RgQwena C. Velasque Aocoun irk Subscribed and sworn to before me this ..3.a day of_ Janu dry _ _ _._._. f9L '.._ Eugenia 3, Cortez... ®460. / 2 fa 14 Mr. Andy Schoeph, Manager Classified Department Ca11er.T3mes Publishing Co. P. O. Box 9196 Corpus Christi, Texas 78401 .Dear Mr. Schoeph: Enclosed is a copy of an ordinance pertaining to the granting of a franchise to Marino Inn, Inc., dba,Sheraton Marina Inn,.. for operation of ninatura.trains along the Bayfront. Please publish this ordinance three times following each of three readings. Publishing dates are requested -for 12/20/75; 1/3/76; and on 1/24/76. This office will call the Council votes to you following each reading and prior_to publications. Very truly yours, Bill 0. Read,, City Secretary City of Corpus Christi