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