HomeMy WebLinkAbout13871 ORD - 08/10/1977jkh:8- 10 -77; lst _
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AN ORDINANCE '
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI,
1976 REVISION, AS AMENDED, BY AMENDING SECTION 12 -79,
SLIP RENTAL CONTRACT, SUBSECTION (f), BY DELETING THE
EXISTING PROVISIONS OF SAID SUBSECTION (f) AND ADOPTING
IN LIEU THEREOF NEW PROVISIONS, TO BE ENTITLED "LIEN
AGAINST WATERCRAFT "; FURTHER AMENDING SECTION 12 -79
BY AMENDING SUBSECTIONS (a), (d), and (e), AND BY ADDING
A NEW SUBSECTION TO BE NUMBERED (g), ALL AS MORE FULLY
SET FORTH HEREINAFTER; REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR SEVERANCE; PROVIDING
AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the Code of Ordinances, City of Corpus Christi,
1976 Revision, as amended, be and the same is hereby amended by amending
Section 12 -79, Slip Rental Contract, subsection (f), by deleting the existing
provisions of said subsection (f) and adopting in lieu thereof the following
new provisions:
"(f) Lien Against Watercraft. The Marina Superintendent or his
representative shall have the authority, in addition to Article II,
Section 12 -63 of the Code of Ordinances of the City of Corpus Christi, to
provide a clause in the slip rental contract, as approved by the City
Attorney, in which the slip tenant, his'agent or representative relinquishes
all his rights and privileges to be upon the docks, piers and /or catwalks
of the Marina, as well as upon his craft, when the rents for his assigned
slip have become delinquent. Such contract shall have wording to the
effect that the City of Corpus Christi shall have its lien upon such
watercraft and all parts and equipment thereof for all charges due the
City under the slip rental contract, which shall allow the City Marina
Department to sell such craft with all equipment aboard, at public auction,
when the account for such craft's slip becomes ninety (90) days delinquent.
Notice of delinquency shall be sent to the slip tenant by the 15th day
from which the account becomes delinquent. If such delinquency has not
been paid in full by the 30th day of the delinquency, the slip tenant
will forfeit the deposit as described in subsection (a) hereinabove.
If the delinquency is not paid in full after sixty (60) days of the date
.from which the account became delinquent, notice will be published
MICROFILMED
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of a public auction of the craft to be held in thirty (30) days. After
notification of a public auction has been published, if the delinquent
account has not been paid in full by the 90th day from the date of delinquency,
the craft may be sold at public auction. Any monies left from the sale of
the craft after charges due the City for rents, delinquent charges, legal
fees, haul out, storage and disposal costs will be paid to the craft's
owner. If at any time during the 90 -day delinquency period the slip tenant
pays the amount in which his account is delinquent, plus the required
deposit, all rights to the craft will be restored to the sliD tenant."
SECTION 2. That subsection (a) of Section 12 -79 of the Code
of Ordinances be amended by deleting the last sentence of said subsection
and in lieu thereof substituting the following:
"Monthly rentals are required to be paid in advance at the
office of the Collection Section of the Finance Department on or before the
first day of the month or the first business day of the month if the first
day falls on a weekend or a holiday."
SECTION 3. That subsection (d) of Section 12 -79 of the Code,
of Ordinances be amended so as to hereafter read as follows:
"(d) Forfeiture of Deposit. The slip rental deposit may be
forfeited when the tenant fails to give the Marina Superintendent at least
30 days notice of his intention to vacate his assigned slip and /or when any
part of his slip rental becomes delinquent. In case of extraordinary condi-
tions which prevent the tenant from giving 30 -days notice of his intention to"
} vacate his slip, the Superintendent, with the approval of the Director of
Parks and Recreation, may authorize a pro rata refund of the deposit based
on the ratio of the number of days notice to a thirty -day month. The deposit
shall not be refundable but shall be used for the last month's slip rental
when the thirty -day notice to vacate the assigned slip is given by the tenant.
Tenants shall be required to increase the amount of deposit equal to their
assigned slip monthly rate should the slip rate be increased by the City
Council."
SECTION 4. That subsection (e) of Section 12 -79 of the Code of
Ordinances be amended so as to hereafter read as follows:
-2-
"(e) Delinquent Penalty'Charge. In addition to the provisions
herein provided, the Collection Section of the Finance Department shall add
a Three Dollar ($3.00) delinquent penalty charge to each slip rental account
which has not been paid prior to the close of business on the 15th day of the
month for which the slip rental is due. If payment is made by mail, the
envelope containing the payment must be postmarked not later than the
15th day of the month for which the slip rental is due. When the 15th day
of the month falls on a Saturday, Sunday or a holiday on which the
Collection Section of the Finance Department is closed, the delinquent
penalty charge will be in effect on the next business day. A, tenant's
refusal or failure to pay shall cause cancellation of the tenant's slip
rental contract."
SECTION 5. That Section 12 -79 of the Code of Ordinances be
further amended by adding a new subsection, to be designated (g), reading,
as follows:
".(g)" Responsibility for Collection of all Marina Accounts.
The Director of Finance is responsible for the collection of all revenues
and accounts of the Marina and shall establish such collection, billing and
accounting procedures and records he deems necessary."
SECTION 6. That all ordinances or parts of ordinances in
conflict herewith are hereby repealed to the extent of such conflict.
SECTION 7. This ordinance shall take effect from and after its
a
final passage and publication.
SECTION 8. 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 9. Publication shall be made one time in the official
publication of the City of Corpus Christi, by publishing the caption of
this ordinance, stating in substance the purpose of the ordinance.
City Secretary
APR DAY 0 19 g _'
J. BRUCE AYCOCK, JCITATTORNEY
By 161 ) 4rV!;A' --
Assistant I torney
l•`..'67
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
'This ordinance is in effect and
force with or without the
signature of the Mayor, in
C accordance with Article II
;_Section 6 of the City Charter.
' . J
That the foregoing ordinance was read for h
first time ar�d passed to its
second reading on this the f�,tday of
197/ , by the
following vote:
Jason Luby
Eduardo de Ases
David Diaz
Ruth Gill
Bob Gulley
LAAA 19
' Gabe Lozano, Sr.
Edward L. Sample '
That the foregoing ordinance WS s read fo . he second time and passed to its
third reading on.this th,day of 19_V, by the
following vote:
Jason Luby.
+Eduardo .de.Asbs'
' 4• Ruth Gi 11.
»'
Bob Gulley',
}
Gabe-Lozano,, Sr.
r
Edward Sample
.L: ,!
That the foregoing ordinance was read for the
third time and passed finally
on this the jb&�" day of (u1, $11� 19�_; by the following vote:
Y "x..Jason Luby O
l�
Eduardo de Ases
David Diaz
Ruth Gill t
x Bob Gulley
Gabe Lozano, Sr.
Edward L. Sample
PASSED AND APPROVED, this the off" day of
19 91
ATTEST:
City Secretary
APR DAY 0 19 g _'
J. BRUCE AYCOCK, JCITATTORNEY
By 161 ) 4rV!;A' --
Assistant I torney
l•`..'67
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
'This ordinance is in effect and
force with or without the
signature of the Mayor, in
C accordance with Article II
;_Section 6 of the City Charter.
1, i
PUBLISHER'S AFFIDAVIT_
STATE OF TEXAS, �ss :.
County of Nueces.
Before me, the undersigned, a Notary Public, this day personally came ... ...............................
.alnria... Gar za ............ .... ........ ... ............... who being first duly sworn, according to law, says that he is the
.- Ae -eeunt n- g ---------------------------------------------------------- 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
_rIaT.IER..i2F..F ASSA G -E --- OF-_.Q&Dj;iANCE_NO _1 $7�_._._ by delEit ng -the existing Provisions
�p
of which the annexed is a true copy, was published in _Call ermTime s.._._ ............................................. tF 1
on the_..1..7. ... day of._August_...... _. -- 1917.„ sM) 6fi* t*Ii# ch .................. ....... MAM&FW .............
.. .._._.
consecutive .......... .............................................
....1 ............ _ .......... .Times. �j:��
30.24..
. ...ori�a" aria -.....- ..--- ...------------- _ ------------------------------ _
Subscribed and sworn to before me this 2.3 .. ...........day of._ August ................................... 19 ------- 77.
Eugenia S. Cortez _
A ublic, Nueces County, Texas