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HomeMy WebLinkAbout05029 ORD - 04/30/1958BWS:AH:3 /21/58 • • AN ORDINANCE GRANTING TO CLARENCE MELUGIN A FRANCHISE TO USE A PORTION OF STREET RIGHT -OF -WAY LOCATED AT THE INTER- SECTION OF AVENUE A AND FOGG STREET FOR THE PURPOSE OF OPERATING A FISHING PIER; PROVIDING FOR CHARGES; PROVIDING FOR REASONABLE RATES; PROVIDING FOR THE PRO- TECTION OF THE PUBLIC AGAINST PERSONAL INJURY AND PROPERTY DAMAGE FROM THE OPERATION AND CONDITION THERE- OF; AND PROVIDING FOR CANCELLATION AND FORFEITURE OF SAID FRANCHISE. WHEREAS, CLARENCE MELUGIN IS THE OWNER OF A FISHING PIER KNOWN I K AS THE PLANTATION PIER; AND WHEREAS, SAID PIER IS LOCATED PARTIALLY IN THE WATERS OF NUECES BAY AND PARTIALLY WITHIN THAT PORTION OF THE AVENUE A ANDkFOGG STREET RIGHT - OF -WAY WHICH 1S UNDER WATER; AND WHEREAS, SAID PIER CONNECTS WITH THE LAND WITH,I4I THE SAID RIGHT- OF -WAY BUT OFF THE TRAVELLED PORTION OF AVENUE A AND FOGG STREET; AND WHEREAS, SAID OWNER IS DESIROUS OF REBUILDING SAID PIER AND PERATING SAME AS A PUBLIC FISHING PIER: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXASt SECTION 1. SUBJECT TO THE TERMS AND CONDITIONS HEREINAFTER SET FORTH, THERE IS HEREBY GRANTED TO CLARENCE MELUGIN, HIS SUCCESSORS AND ASSIGNS, HEREINAFTER CALLED "GRANTEE *, FOR A PERIOD OF FIVE YEARS FROM THE FINAL PASSAGE HEREOF, A FRANCHISE TO LOCATE AND OPERATE A PUBLIC FISHING PIER AT THE AVENUE A AND FOGG STREET INTERSECTION. SECTION 2. THE RIGHTS AND PRIVILEGES HEREIN GRANTED MAY BE EXERCISED ONLY IF GRANTEE COMPLIES WITH THE FOLLOWING TERMS AND CONDITIONS: A. GRANTEE WILL PAY TO THE CITY OF CORPUS CHRISTI THE FOLLOWING COMPENSATIONS TO -WIT: A FIXED CHARGE OF TWO CENTS PER FOOT OF LENGTH OF SAID PIER PER MONTH, PAYABLE MONTHLY IN ADVANCE; SUCH COMPENSATION BEING HEREBY DECLARED TO BE ADEQUATE FOR THE RIGHTS AND PRIVILEGES HEREIN GRANTED. THE COMPENSATION PROVIDED FOR IN THIS SECTION SHALL NOT RELEASE GRANTEE FROM THE PAYMENT OF AD VALOREM TAXES LEVIED OR TO BE LEVIED ON PROPERTY OF GRANTEE. B. GRANTEE WILL COMPLY WITH ALL ORDERS OF THE BUILDING INSPECTION SECTION AND THE ENGINEERING DIVISION OF THE DEPARTMENT OF PUBLIC WORKS OF THE CITY OF CORPUS CHRISTI IN REBUILDING AND MAINTAINING SAID PIER. GRANTEE WILL 5629 KEEP SAID PIER IN GOOD REPAIR AND WILL INDEMNIFY AND HOLD THE CITY HARMLESS FROM ANY CLAIMS FOR PROPERTY DAMAGE OR PERSONAL INJURIES ARISING FROM THE LOCATION, CONDITION OR OPERATION OF THE PIER. C. GRANTEE WILL KEEP IN FULL FORCE AND EFFECT A POLICY OF PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE, APPROVED BY THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, EXECUTED BY AN INSURANCE COMPANY DULY AUTHORIZED TO DO BUSINESS IN THE STATE OF TEXAS, INSURING THE PUBLIC AGAINST ANY LOSS OR DAMAGE THAT MAY RESULT TO ANY PERSON OR PROPERTY FROM THE LOCATION, OPERATION OR CONDITION OF SAID PIERS PROVIDED THAT THE MAXI- MUM LIMITS UNDER SUCH POLICY OF INSURANCE SHALL BE NOT LESS THAN THE FOLLOWING SUMS TO -WIT: FOR THE INJURY, OR DEATH OF, ANY ONE PERSON IN ANY ONE ACCIDENTS - NOT LESS THAN THE SUM OF $10,000.00;' FOR THE INJURY TO MORE THAN ONE PERSON, OR THE DEATH OF MORE THAN ONE PERSON, IN ANY ONE ACCIDENT, - NOT LESS THAN THE SUM OF 125,000.00; FOR THE INJURY OR DESTRUCTION OF PROPERTY IN ANY ONE ACCIDENTS - $10,000.00. D. GRANTEE MAY CHARGE REASONABLE FEES TO THE PUBLIC FOR THE USE OF SAID PIER. THE CITY OF CORPUS CHRISTI RESERVES THE RIGHT TO INSPECT AND INQUIRE INTO THE FEES AND CHARGES BEING MADE AND IN THE EVENT THE CITY DEEMS SUCH CHARGES TO BE UNREASONABLE, GRANTEE WILL LOWER SAID FEES AND CHARGES TO MEET THE APPROVAL OF THE CITY. E. GRANTEE SHALL HAVE THE RIGHT TO USE THE PORTION OF AVENUE A- AND FOGG STREET RIGHT -OF -WAY IMMEDIATELY ADJACENT TO SAID PIER FOR PARKING FOR HIMSELF AND FOR HIS CUSTOMERS. SUCH PARKING SHALL NOT INCLUDE NOR INTERFERE WITH THE TRAVELED PORTIONS OF AVENUE A AND FOGG STREET. GRANTEE WILL HAVE THE RIGHT TO ERECT SUITABLE SIGNS TO INSTRUCT HIS PATRONS AS•TO THE PROPER PLACE TO PARK AND WILL USE EVERY REASONABLE MEANS TO KEEP THE TRAVELED PORTION OF SAID STREETS FREE AND CLEAR. F. GRANTEE SHALL RENDER, IN ACCORDANCE WITH THE PROVISIONS OF THE CHARTER OF THE CITY OF CORPUS CHRISTI AND THE STATE LAWS GOVERNING THE RENDITION OF PROPERTY, AND PAY TO THE CITY BEFORE SAME SHALL BE- COME DELINQUENT ALL AD VALOREM TAXES AGAINST ALL PERSONAL AND REAL PROPERTY USED IN THE CONDUCT OF GRANTEE'S BUSINESS, AND FAILURE TO DISCHARGE - 2 - THESE OBLIGATIONS, OR ANY ONE OF THEM, SHALL OPERATE AS A REVOCATION OF THIS FRANCHISE AND ALL PERMITS AND LICENSES ISSUED THEREUNDER. G. THIS FRANCHISE SHALL BE FORFEITED AT ANY TIME DURING THE PERIOD OF THE GRANT UPON THIRTY (30) DAYS' WRITTEN NOTICE TO GRANTEE BY THE CITY OF CORPUS CHRISTI WHEN AND IN THE EVENT THAT THE CITY NEEDS THE AREA FOR BAYFRONT IMPROVEMENTS PURPOSES OR FOR ANY OTHER PUBLIC IM- PROVEMENT PROJECT IN CONFLICT WITH THIS GRANT. H. ANY INFRACTION OF THE TERMS AND CONDITIONS HEREOF, INCLUDING THE FAILURE TO PAY THE CHARGES TO THE CITY AS PROVIDED HEREIN OR TO RENDER AND PAY AD VALOREM TAXES AS SET OUT HEREIN, SHALL BE CAUSE FOR THE FOR- FEITURE OF THIS GRANTS PROVIDED THAT THE CITY SHALL GIVE GRANTEE TEN (10) DAYS NOTICE IN WRITING OF ITS INTENTION TO DECLARE THE GRANT FORFEITED, STATING GENERALLY THE REASONS THEREFOR, DURING SUCH PERIOD GRANTEE MAY REMEDY OR CORRECT SUCH INFRACTION OR DEFAULT BUT IF GRANTEE IS STILL IN DEFAULT OR HAS NOT CORRECTED SUCH INFRACTION OR CONDITION AT THE END OF SUCH PERIOD, THIS GRANT SHALL BE AUTOMATICALLY FORFEITED AND OF NO FURTHER FORCE NOR EFFECT UNLESS THE CITY COUNCIL SHALL WAIVE SUCH INFRACTION OR DEFAULT OR FORFEITURE BY ORDINANCE. �. GRANTEE, AS HEREIN USED, SHALL BE CONSTRUED AS SINGULAR OR PLURAL, ACCORDING TO WHETHER ONE OR MORE THAN ONE PERSON AT THE PARTICULAR TIME MAY BE THE OWNER OF THIS GRANT. J. THIS FRANCHISE MAY BE SOLD, TRANSFERRED AND INHERITED, PRO- VIDED THAT ANY SALE OR TRANSFER SHALL BE FIRST PRESENTED IN WRITING TO THE CITY COUNCIL FOR ITS APPROVAL OR DISAPPROVAL, AND THE CITY COUNCIL MAY DIS- APPROVE SUCH PROPOSED SALE OR TRANSFER IF IT BE FOUND AND DETERMINED OR IF IT BE OF THE OPINION THAT SUCH PROPOSED SALE OR TRANSFER 1S NOT IN GOOD FAITH OR THAT THE PROPOSED PURCHASER OR TRANSFEREE IS NOT CAPABLE OF CONTINUING THE OPERATION UNDER SUCH FRANCHISE IN SUCH A MANNER AS TO RENDER THE SERVICES CONTEMPLATED IN THIS GRANT IN THE BEST INTEREST OF THE PUBLIC. K. GRANTEE WILL PROVIDE SUITABLE TOILET 'FACILITIES TO BE USED IN CONJUNCTION WITH SAID PIER. IN PROVIDING SUCH FACILITIES GRANTEE MAY INSTALL A CHEMICAL SYSTEM OR SOME OTHER SANITARY SYSTEM WHICH SHALL FIRST BE APPROVED BY THE CITY - COUNTY HEALTH UNIT AND THE DEPARTMENT OF PUBLIC WORKS OF THE CITY OF CORPUS CHRISTI. FURTHER. IN OPERATING SArD PIER, GRANTEE WILL ABIDE BY ALL ORDERS OF THE CITY■000NTY HEALTH UNIT WITH RESPECT TO SANITATION. L. ALL COSTS CONNECTED WITH THE PASSAGE AND THE PUBLICATION OF THIS ORDINANCE AND FRANCHISE WILL BE BORNE BY THE GRANTEE AND WILL BE PAYABLE UPON DEMAND. SUCH COSTS SHALL BE BORNE BY THE GRANTEE WHETHER SUCH ORDINANCE AND FRANCHISE IS GRANTED OR NOT GRANTED. H. THIS FRANCHISE WILL TERMINATE FIVE (5) YEARS FROM THE DATE OF ITS FINAL PASSAGE. IF NOT OTHERWISE FORFEITED OR CANCELLED AS HEREIN PROVIDED. THAT THE FOREGOING ORDINANCE WAS READ FOR THE FIRST TIME AND PASSED TO ITS SECOND READING ON THIS THE II DAY OF, ,1954• BY THE FOLLOWING VOTE: FARRELL D. SMITH W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO, CHARLIE J. AILLS ARTHUR R. JAMES ODELL INGLE THAT THE FOREGOING ORDINANCE WAS READ FOR THE SECOND TIME AND 194 BY THE PASSED TO ITS THIRD READING ON THIS THE DAY OF FOLLOWING VOTE: FARRELL D. SMITH W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO CHARLIE J. AILLS. ARTHUR R. JAMES ODELL INGLE THAT THE FOREGOING ORDINANCE WA R AD FOR THE THIRD TIME AND PASSED FINALLY ON THIS THE // t DAY OF 1954 ��BY THE FOLLOWING VOTE:. FARRELL D. SMITH W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO CHARLIE J. AILLS ARTHUR R. JAMES ODELL INGLE /' PASSED AND APPROVED, THIS THE O Y, DAY OF ATTEST. CITY SECRET,Y APPROVED AS TO LEGAL FOR THIS ; , DAY OF , 195'y: CITY ATTORNEY Cl.c MAYOR --cc,� THE -Cif IF CDRPU CHRISTI, TEXAS r P. A.+SANDI: om J. S. Hoo'u• D. W. Jomvsox J. S. Hogan & Co. rerat Imararxe — Bonds 610 IBM BmLDING • P. 0. Boa 3125 • Paoxs TU &2802 CoaPus Camvm, TLxas March 23, 1960 City of Corpus Christi Corpus Christi, Texas Re: C. R. Melugin dba Plantation Pier Attention: Mr. Singer City Attorney Gentlemen: Attached please find Certificate of Insuznce for the captioned insured reflecting liability coverages for one year effective March 24, 1960. rs Encl. cc: Mr. C. R. Melugin 1533 East Illinois Dallas, Texas Very truly yours, J. S. ROGAN & CO; By: Mrs. Reva Sandblom CERTIFICATE OF INSURANCE 1R:54-kW ofNQWiHIC hereby states that it has issued to the insured named herein the policy or polities of insurance descrilb&d lelow: Named I)es red: C. R. MELUGIN DBA PLANTATION PIER Address: Corpus Christi, Texas This 'certificate is furnished as a matter of information only and confers no rights upon the holder. It is issued with the understand- ing that the rights and liabilities of the parties will be governed by the original policy as it may be lawfully amended by endorsement from time to time. Insurance is afforded only with respect to such and so many of the following policies and coverages thereunder as are indicated by a limit of liability applicable thereto. The limit of the company's liability under each such coverage shall not eaFeed the amount stated herein, subject to all the terms of the policy having reference thereto. TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE LIMITS OF LIABILITY Bonus IT,Jpay LrAanzrr Paonaarrr Mauna Lvianr.v OWNERS', LANDLORDS•, AND TENANTS' LIABILITY OTS340591 3 -24 -60 3 -24 -61 8 5,000 epm8= m, 810 , 000 amt 85,000 aaocdent MANUFACTURERS' AND CONTRACTORS' LIABILITY $ yerheon $ accident $ went $ aggregate OWNERS AND CONTRACTORS' PROTECTIVE LIABILITY $ person $ accident each accident $ aggregate COMPREHENSIVE LIABILITY O Including Automobile ❑ Excluding Automobile $ each $ each accident yroductee r.r. ,u.+. MM. Aororoays $ eccideat $ - sopvavona 8 progtecgtiav< $ products $ graLd Arrrogoarts $ each WORKMEN'S COMPENSATION Coverage worded in accordance with the Workmen:a Com- beu d the Oetu narp pecieLif �rvisof uch States %lees otcerwcupise stated i enbdiwn, n (pn beow (a) (b) EMPLOYERS' LIABILITY (Unless otherwise stated, the policy number, effective and expiration dates are the same as those shown far workmen's compensa- tion insurance) EXPsoraw Soaracx TO Coreinesar oN LAW $ ENraovess Nor StraJacT To CoAreAmATw0 LAW Injury by Acddent $ web parson $ each accident Injury by Disease $ each person $ aggregate (each state) Medical $ each person REMARKS Issued at Request of: Address: Corpus Christi, Texas City of Corpus Christi, Texas Corpus Christi, Texas 3 -23 -60 Date_--..-- .._---- ..._....�--- •-- .__. —.�.- LIAB 16187 (4404) THE FIDELITY AND CASUALTY COMPANY OF NEW YORK will mail to the person or organiza- tion at whose request this certificate is issued at the address indicated herein notice of cancelation and, where possible, notice of an terial :e in any of the 10 -. - •Oslo,. THE FIDELITY Authorized esentative ORK `r u S :. DV KT 4726 Waltham Corpus Christi, Texas August 2, 1961 City Council City of Corpus Christi, Texas Gentlemen: I hereby request the transfer of my franchise on Plantation Pier at the intersection of Avenue A and Fogg Street to Mrs. Elizabeth Hale, who lives at Rock Lodges, 4414 Avenue C, Corpus Christi, Texas. 6329 - 48/41 C