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Home My WebLink About11806 ORD - 11/28/1973JRR:HG:jkh:11- 13 -73; 2nd AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, SO AS TO AMEND CHAPTER 9 THEREOF TO ADD A NEW ARTICLE VIII, BOAT REPAIR - LAND AREAS; PROVIDING REGULATIONS FOR BOAT REPAIRS AND RELATED ACTIVITIES AND LIMITING BOAT REPAIRS AT THE CITY MARINA; PROHIBITING BOATS AND THEIR RELATED EQUIP- MENT FROM BEING LEFT UPON THE LAND AREAS WITHOUT SPECIAL PERMIT; PROVIDING A FEE; PROVIDING FOR ISSUANCE AND REVOCATION OF A SPECIAL PERMIT; PROVIDING A PENALTY; RESTRICTING WELDING AND CUTTING BY ELECTRIC_4L OR ACETYLENE METHODS; PROHIBITING THE FUELING OF BOATS IN CERTAIN AREAS; AND PROVIDING PUBLICATION. • WHERRAS, currently there is no regulation of the use of City -owned land in the area of the L-Head and T -Heads for boat repairs and related activity; and WHEREAS, such lack of regulation has led to unsightly, unsanitary and unsafe conditions in said area detrimental to the health, safety and welfare of the citizens of the City of Corpus Christi, and WHEREAS, such unsightly, unsanitary and unsafe conditions have, on occasion, led to the creation of nuisances in said area; and WHEREAS, reasonable rules and regulations relating to the conduct of boat repairing and related activities in said area will alleviate the nuisances and unsightly, unsanitary and unsafe conditions existing in such area; and WHEREAS, the City Council finds that the elimination of such unsightly, unsanitary and unsafe conditions and the nuisances in such area is in the best interest of the health, safety and welfare of the citizens of the City: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SFCTION 1. ;list the City of Corpus Christi Code, 1958, as amended, be and the sane hereby is amended by amending Chapter 9 thereof so as to add a new Article VI1I, Boat Repairs - Land Areas to read as follows: 118016 0 1 1 1 1 1 0 Article VIII Boat Repairs - Land Areas "Sec. 9 -88. It shall be unlawful for any person to leave, or cause to be left, any boat, trailer, vehicle or equipment upon the land areas of the L -Head and T -Heads for more than forty -eight (48) continuous hours except by permission given by a contract or lease agreement granted by the City or by a special ten -day permit issued by the Marina Department.. Any person who stores a boat, parks a trailer, equipment, or vehicle in excess of twenty -four (24) continuous hours shall notify the Marina Supervisor or a Marina Patrolman who shall record the occurrence of such ,parking or storage in a log main- tained for that purpose. Boat construction or the rebuilding of boats will not be permitted at the Marina except at the designated yacht repair service area as described in a contract or lease agreement between the City and the person performing such boat construction or rebuilding of boats. The Marina Department is authorized to remove and dispose of such boat, trailer, vehicle or equipment left, or stored, or parked in violation of this article or used or operated in violation of this article. A special ten -day permit shall be issued by the Marina Supervisor to the person applying for the same upon the following conditions and containing the following Provisions: Er a-z e vr� on¢n/ ot��r- C5UL7Ll (8) shall obtain a special q ten -day permit to remove the r craft to an assigned area on the L -Head land area for the specific purpose of refinish- ing their hulls and /or for making minor repairs. The maxi - mun length limit of the craft to be hauled out shall not exceed 35 feet. (b) Persons hired to haul out boats and hired to refinish or repair boats belonging to others may do so by a special ten -day permit issued by the Marina Supervisor with the following conditions: 1) Only the area assigned by the Marina Supervisor shall be used. He shall assign the area to be used on the basis of available space to provide safe, secure working areas and to prevent occurrence of unsightly conditions. 2) The person applying for such permit shall file with the Marina Supervisor a copy of a public liability insurance policy in the amount of $100,000 per person, $3009000 per each occurrence of personal injury and $50,000 for each occurrence of property damage. 3) Such person shall have deposited $50 cash with the Marina Supervisor in advance of the issuance of the ten -day permit and as advance rental. Rental shall be charged to the deposit at the rate of $5.00 per day as of the date of deposit. If the person removes or causes to be removed the boat, its gear, and its repair and transportation equipment from the assigned area in less than ten days, the uncharged balance cE deposit shall be refunded to such person or his agent or representative. 4) Such person may haul out or repair or haul out and repair only a boat for which a slip has been assigned by the Marina Department.. The maximum length limit of the boat to be hauled out or repaired or hauled out and repaired shall not exceed 35 feet. -2- (c) Any boat, trailer, vehicle or equipment (1) left longer than twenty -four hours upon the land areas of the marina without a special permit or (2) which so remains after the special permit has expired shall, in either case, be assessed and shall promptly pay additional rental at the rate of Ten Dollars ($10.00) per day. The fees and penalties provided herein create a contractual lien upon said items. Any boat, trailer, vehicle or equipment Stared, parked, left, used or operated in violation of this Article VIII, or any such property left after five days of violation of any provision hereof is a nuisance and shall after five successive days of violation be removed and dis- posed of by the Marina Department. (d) The Marina Supervisor, the foregoing notwithstanding, shall refuse to issue such permit so long as any of the following conditions prevail: 1) All assignable areas as fixed by the Marina Supervisor, for repair, remodeling or refinishing are currently occupied; 2) Repair or construction of a pier, wharf, or other Marina structure is scheduled during the period for which permit application is made and for an assignable area affectable by such repair or construction; 3) A hurricane is predicted by the U. S. Weather Bureau to possibly landfall within a one hundred mile radius of the Marina during any part of the period for which a permit is sought; 4) Any other condition reasonably deemed dangerous by the Marina Supervisor to the health and safety of persons in the Marina or to the safety of property is certified by him to probably exist during any part of the period for which a permit is sought. (e) Any permit issued hereunder by the Marina Department shall confer no vested right in the holder thereof and such condition shall be so included as a term of every such permit and the Marina Supervisor may revoke such permit for any violation of the terms of this Article. Revocation shall be effective by the posting of notice of such action at or near the assigned area and, if the whereabouts of the permit holder is known to the Marina Supervisor he shall attempt to personally notify such holder, verbally or in writing, of the posting of such notice. (f) Upon revocation of such permit or its lapse by its terms the holder thereof shall remove or cause to be removed, at such time as designated by the Marina Supervisor in said notice, every boat, its gear, trailer, vehicle or equipment subject of such permit. Nothing in this subsection shall alter or modify the power and duty of the Marina Supervisor to remove and dispose of such boat, its gear, trailer, vehicle or equipment as herein provided. -3- • "Sec: 9 -89. Welding and cutting by the electrical or the acetylene methods or the use of flame torches of any sort are severally hereby prohibited' throughout the Marina except in those areas designated for such purposes in a contract, lease agreement or special permit granted by the City. "Sec. 9 -90. The fueling of inboard tanks on boats are hereby prohibited in every place in the Marina except at the fuel station docks. "Sec. 9 -91. For the purpose of Section 9 the following special definitions apply: 'Person' means any person, firm, corporation, partnership, or joint venture engaged in leaving, storing or repairing a boat at the Corpus Christi Marina. "Equipment' means any instrumentality used or capable of being used to move, store, repair, fuel, weld, haul out, hoist, or any tools, material or instrumentality used therefor. 'Land areas of the L -Head' means those land areas of the Corpus Christi Marina on the L -Head at such Marina and as more particularly described in the attached plot plan which is made a part hereof the same as if written herein. 'Land areas of the T- Heads' means those land areas of the Corpus Christi Marina on the T -Head at such Marina and as more particularly described in the attached plot plan which is made a part hereof the same as if written herein. 'Trailer' means any equipment used for transportation of any water craft. 'Marina' means the Corpus Christi Marina, as more partic- ularly described in Ordinance No. 9736, passed and approved on May 6, 1970." SECTION 2. Publication shall be made in the official publication of the City of Corpus Christi one time which publication shall contain the caption, stating in substance the purpose of the ordinance. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 19 % 3 . by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark That the foregoing ordin ce was read for the econd time and passed to its third reading on this theday of 19 %3 . by the following vote: Jason Luby d2-4 ,Tames T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzales Gabe Lozano, Sr. J. Howard Stark That the for oing ordinance was ead for the third time and passed finally on this the o? day of r 19 73 , by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzales Gabe Lozano, Sr. J. Howard Stark PASSED AND APPROVED, this the aZ4ra day of ATTEST: MAYO a: 4 �- � �� THE CITY OF CORPUS CHRISTI, TEXAS PUBLISHER'S AFFIDAVIT STATE OF TEXAS, County of Nueces. Before me, the undersigned, a Notary Public. this day personally came who being first duly sworn, according to law, says that he Is the ....... ... 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 _LaZBj: �jaticy_ _g?.g_g:C_or DA&V of which the annexed is a true copy, was published in — – ---- ----- —IL4ay – ------- on the-2-9 –t day Richard D. Hrardin, r• Subscribed and sworn to before me this Ut da Louise Vick Notary Public, N = uecea�C�ounty, exas JI II V "d� c� �i ^� --