The URL can be used to link to this page

Home My WebLink About13462 ORD - 11/03/1976JM:vmr:10- 19- 76;lst AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, BY ADDING A NEW SECTION TO CHAPTER 12, ARTICLE II MARINA, TO BE DESIGNATED AS SECTION 12 -79, SLIP RENTAL CONTRACT, PROVIDING FOR SLIP RENTAL DEPOSITS; PROVIDING FOR CANCELLA- TION NOTICE BY TENANT, PROVIDING FOR A DELINQUENT PAYMENT CHARGE; PROVIDING FOR FORFEITURE OF DEPOSIT; PROVIDING FOR CONTRACTUAL AUTHORITY TO SELL CRAFT AT PUBLIC AUCTION FOR DELINQUENCIES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. WHEREAS, the collection of marina revenues has been assigned to the Collection Section of the Finance Department of the City to provide effective collection of rentals and other marina revenues, and WHEREAS, delinquencies in the slip rentals can be avoided by prescribing a more effective slip contract: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY r OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Code of Ordinances, City of Corpus Christi 1976 Revision, be and the same is hereby amended by adding a new section to Chapter 12, Article II Marina, which shall be numbered Section 12 -79, and shall hereafter read as follows: r "Section 12 -79. Slip Rental Contract. (a) The Contract. Before any slip, berth, moorage or craft storage of any sort is assigned to any person, a slip rental contract must be executed by the slip applicant and the Marina Supervisor. The assignment of any slip shall require an advance payment of the first month's rental of the assigned slip, plus a deposit equal to that same amount for the last month's rental, so that the slip tenant will at all times, except during \the final sixty (60) days of the slip rental contract, have paid in advance at least sixty (60) days' rent. Monthly rentals shall be payable at the office of the Collection Section of the Finance Department. (b) Charter Boats. Defined: For the purpose of this ordinance and the operation of the Marina, the words 'head boat', 'party boat', 'party fishing boat', 'tour boat', kight= seeing boat', 'excursion boat', and r� MICROFILMED 2 J0143C1980 'charter fishing boat', which are for temporary charter, rent, or hire, shall all be construed to mean and shall be referred to as 'charter boats'. Where there are no special provisions of the Code of Article provided concerning charter boats at the marina, the Code of Articles regulating all other watercraft at the marina shall also apply to charter boats. (c) Slip Rental Contract Cancellation Notice. The Marina Super- intendent may at any time cancel the slip rental contract when the tenant fails to comply with one or several of the provisions of the slip rental contract, as well as for violating any one of the policies, rules and regulations of the Marina. The slip tenant may cancel the slip rental contract provided notice is given in writing to the Marina Superintendent at least 30 days prior to the date he intends to vacate his assigned slip. The Marina Superintendent shall have the option to restore the slip contract once the delinquencies are paid. A slip tenant is deliquent when the period of time for which he has paid for his slip space in advance, not including the deposit, has expired. (d) Forfeiture of Deposit. The slip rental deposit shall be forfeited when the tenant fails to give the Superintendent at least 30 days notice of his intent to vacate his assigned slip and /or when any part of his slip rental becomes delinquent. The deposit shall not be refundable but shall be used for the last month slip rental when the 30 days intent to vacate the assigned slip is given by the tenant. Tenants shall be required to increase the amount of the deposit equal to their assigned slip monthly rate should the slip rate be increased by the City Council. (e) Delinquent Penalty Charge. In addition to the provisions herein provided, the Collection Section of the Finance Department shall compute and add to each delinquent slip rental account a 5% penalty calculated on the current month's rental amount regardless of the number of days the account is deliquent within the first month of delinquency. Such penalty shall be com- pounded in a like manner on the amount of a full month's rental period for any part thereof for the second and third months in which the account remains . 2 delinquent. Should the account remain delinquent for 90 days, penalties on the account will cease and the craft will be sold at public auction as described in Section I(f). All delinquent accounts shall be due and pay- able, including delinquent penalties, at the Collection Section of the Finance Department of the City. (f) Contractual Authority to Sell Tenants' Craft at Public Auction if Delinquent in Slip Rents. The Marina Super- intendent shall have the authority, in addition to Article II, Section 12 -63, of the City Code of Ordinances, 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 include wording to the effect that the owner of any watercraft will assign all title and rights he has in his watercraft over to the City Marina Department, upon execution of the slip rental contract, which shall allow the City Marina Depart- ment to sell his craft with all equipment aboard, at public auction when the account for his slip rental becomes delinquent. Notice of delinquency will be sent to the slip tenant by the 15th day from which the account becomes delin- quent. 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 Section 1(a). If the delinquent account is not paid in full after 60 days of the date from which the account became delinquent, notice will be published of a public auction of the craft to be held in 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 will be sold at public auction. Any monies left over from the sale of said craft after all charges due the City for rents, delinquencies, legal fees, haul out, storage, and disposal costs will be paid to the tenant. If at any time during this 90 -day period, the slip tenant pays the amount in which his account is delinquent, plus the required deposit, all rights and privileges to the craft will be restored to the slip tenant." 3 SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 3. 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 4. This ordinance shall take effect from and after its final passage and publication. SECTION 5. Slip rental agreements currently in effect are hereby terminated. New rental contracts, to conform with this ordinance must be executed by all tenants within 30 days after the effective date of this ordinance. SECTION 6. 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. 4 THAT THE FOREGOING ORDINANCE WAS READ F T E" �FIRST TIME AYD PASSED TO ITS SECOND READING ON THIS THE DAY OF C.G(,vi1i BY THE FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON a�. EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THAT THE FOREGOING ORDINANCE WAS READ F �.TPE SECOND TIME A! PASSED TO ITS THIRD READING ON THIS THE y� %Z DAY OF , l9 lr BY THE FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON „O/ EDUARDO DE ASES RUTH GILD. BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THAT THE FOR ING ORDINAN WAS REAP FOR THE T IRD TIME AND PASSED FINALLY ON THIS THEDAY OF , 19Jlr BY THE FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE J - /,- PASSED AND APPROVED, THIS THE 3A /t DAY OF I�Abl� 1911 ATTEST: APPR ED: AY OF C,�e`, 19�: � j I & p A &p CITY ATTORNEY MAYOR lo; em THE CITY OF CORPUS CHRISTI, TEXAS '- PUBLISHER'S AFFIDAVIT 'g -• - -_= STATE OF TEXAS, ss; ?'^y w ,;• _ ` �S ie } • Count y of Nueces. Before me, the undersigned, a Notary Public, this day personal.y, Came ............................... - - -•- - •••-•••-• who being first duly sworn, according to law, says that he is the of the Corpus Christi Caller and The Corpus Christi Times, A couf}tS ---••- ° -... - _ - - - - -- nth Daily Newspapers Published at Corpus Christi, Texas, in said County and State, and than the publication CODE OF QF- _QRDINANCE- _N13 � .. !4:62 �....AMENDIN :_- ...- _.......- _..•..-- .... ...... ......... .... ..•.. was published in .-- ..- ....-- G.a- ].1�X:- Ti1Tl8 s .. .. .... .. ... . ... .. , of which the annexed is a true copy, th�i �ixIre'rX ? 6 -- •- ••- •- ••-- •- •••- - -• -•- on the.Z- ...... -- day of. NO.,79�7d _ . .......... .. . . . . . .. - -- - max ....................... ... . ... ... . .. ..:.. •. - ..- .. -. -... .Times. -- Accounti6 , 24-,2Q-........... .......... owena C. Vel !' r day of- .. .X @IribQX- .- ...- .y..- .. -. -... Subscribed and sworn to before me this - .-- ..11•. - - -- Y r " Eugenia S. Cortez ..Texas... •- a r' N0 t Pub! ,Nueces County, E OF SS g� OF ORDINAN CAMENDING _E LODE JNOTI' RDINANCES, 1976 REV"- -s SION, BV ADDING A NEW _ f• SECTIONTO CHAPTER 11, }l �i ARTICLE II MARINA, TO BE i 1,DE SIGNATED AS SECTION 11 -79, SLIP RENTAL CON- TRACT, PROVIDING FOR SLIP RENTAL DEPOSITS; • .� - PROVIDING FOR CANCEL- LAT1ON NOTICE BY TEN- _ ANT, PROVIDING FOR A _ DELINQUENT PAYMENT - CHARGE; PROVIDING FOR - FORFEITURE OF DE POSIT; - PROVIDING FOR CON- TRACTUAL AUTHORITY TO ' SELL CRAFT AT PUBLIC- AUCTION FOR DELI- ' QUENCIES; REPEALING ORDINANCES IN CONFLICT, PROVIDING EFFECTIVE DATE AND PUBLICATION, I - WASPASSEDANDAPPROV- _ • - `4 ED by the City Council of the City of Corpus Christi Texas, during the Regular Council - Meeting held on November 3, 1976, at 1;00 p m and Provides -• C' that it shall take effect and after •`�� ,, its passage and Publcatlon of _ the Cdy of Corpus Christi, Texas - •- ISSUED UNDER MY . H A ND AND SEAL of the City of Cor• — ' - •` rus Christi, Texas, is 4th day tr of November, 1976. �.- * - s-Bill G. R�d, , - ,- City Secretary - . 'yU1 or Corpus Christi, Texas '6