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Home My WebLink About15934 ORD - 12/17/1980AN ORDINANCE AMENDING THE CODE OF ORDINANCES, 'CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, BY AMENDING SECTION 12-47, CHAPTER 12, BAYS, BOATS AND WATERWAY; AUTHORIZING THE MARINA SUPERINTENDENT TO ALLOW COMMERCIAL BOAT OWNERS TO SELL THEIR CURRENT DAY'S CATCH FROM THEIR BOATS WITHIN THEIR ASSIGNED SLIPS; PROVIDING FOR WRITTEN PERMITS, PERMIT FEES, PUBLIC LIABILITY INSURANCE REQUIREMENTS; AND PROVIDING FOR PUBLICATION. WHEREAS, The Corpus Christi City Code of Ordinances requires written permission of the City Council prior to the sale of any article or commodity from the sidewalks, streets and parkways in, on, or adjacent to'the Corpus Christi Marina or docks; and WHEREAS, it is the desire of the City Council and it is determined to be in the public interest that commercial fisherman who have assigned slips in the Corpus Christi Marina be permitted to sell their current day's catch at dockside, subject to certain permit requirements, as herein set forth: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Section 12-47, entitled "Permission required for commercial activity generally" is hereby amended to hereafter read as follows: "No person shall solicit business or sell or offer for sale any arti- cle or commodity whatsoever from the sidewalks, streets and parkways in, on or adjacent to the Corpus Christi Marina or docks, except as hereinafter provided: "1. The Marina Superintendent is authorized to issue written permits to commercial boat owners who have assigned slips in the Corpus Christi Marina allowing the sale of a current day's catch. The cost of such permit shall he $100.00 and the term shall be one year. "2. The seafood can be sold only from the boat within the assigned slip or other location designated for the purpose by the Marina Superintendent. No booths or cleaning trays shall be permitted for culling of the catch, cleaning, or heading. Sale of the current day's catch must comply with Federal, State, and local laws, rules and regulations governing seafood or perish- able commodity sales. "3. Before conducting any business, the Permittee shall carry for the benefit of the public; naming the City as addi- tional insured, public liability insurance, having provision therein 1593411.MED to protect the City in all respects from any claim which might be presented by reason of the operation of the business, related condi- tions of the Marina, or the condition of the property of the Permittee. Said insurance shall be evidenced by a certificate furnished to the Marina Superintendent for filing with the City's copy of the permit. Said insurance is to have $100,000 coverage per person, and $300,000 for each occurrence of personal injury, and 550,000 for each occurrence of property damage. In addition, the Permittee agrees that in the event any claim is presented by reason of the operation of the Permittee's business, the related condition of the Marina, or the condition of the property of the Permittee, then said Permittee agrees to save the City harmless against any such claims and defend the City in any lawsuit arising out of such claims, where such claim is not covered by the above mentioned insurance policy. "4. Any proposed improvements to the sales area to be made by Permittee are subject to approval by the tsarina Superintendent. The Permittee shall remove any structures/improvements that the Marina Superintendent deems unsafe and/or aesthetically non-con- forming to prevalent or planned general appearance, style and decor of Marina structures. "5. Permittee shall not sell or assign the Permit and privi- leges extended therein or of any part thereof without the written consent of the Marina Superintendent." SECTION 2. The permit authorized hereunder shall be issued in the form attached hereto, marked Exhibit "A", and made a part hereof. SECTION 3. This ordinance shall be effective from and after its final passage and publication. SECTION 4. Publication shall be made one time in the official publica- tion of the City of Corpus Christi, by publishing the caption of this ordinance, stating in substance the purpose of the ordinance. SECTION 5. All ordinances or part of ordinances in conflict herewith are hereby repealed to the extent of such conflicts. SECTION 6. 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. Issued to PERMIT RESTRICTED SEAFOOD PERMIT City of Corpus Christi -Marina Dept. Slip No. Boat Name This PERMIT is not transferable and can be used only by the person named above from the boat in the boat slip indicated: Only the sale of the current day's catch caught by the craft is permitted under this permit. This permit must be posted in plain view during all sale transactions. This permit does not exempt the holder from other federal, state and local laws regulating the taking of and sale of marine life, and signature indicates understanding and compliance of the City Ordinances pertaining to the sale of seafood in the City Marina. REGULATIONS PERMIT NO. EXPIRES AT MIDNIGHT MO DAY YEAR RECEIPT NO. FEE PAID DATE ISSUED • 1. The Seafood can be sold only from the boat within the assigned slip. 2. Public Liability Insurance, naming the City as additional insured, in the amount of $100,000 per person, $300,000 for each occurrence of personal injury and $50,000 for each occurrence of property damage. 3. Agreement to comply with all regulations and ordinances imposed by the State, County, City (Health, Sanitation Legal, etc.). 4. Improvements to the sales area subject to approval by Marina Super- intendent. 5. City reserves the right to enter the sales premises to ensure permit compliance. 6. Permit cannot be sold or assigned. Issued by: Marina Superintendent Applicant That the foregoing ordinance wqs read for h firs time aria passed to its second reading on this the day of�,,,� , 190 , by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky That the foregoing ordinance was read for secon time arid passed to its third reading on this the AQ day of , 19,140 , by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky That the fore oing ordina on this the day of Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky PASSED AND APPROVED, this the / day of ATTEST: was r•ad for the third time and passed finally , 1910 , by the following vote: City Secretary APPR VED: DAY OF'4#.12.4a1-44(1, 19�v: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant Ci 159 34 19 f 1 THE CITY OF CORPUS CHRISTI, TEXAS PUBLISHER'S AFFIDAVIT - STATE OF TEXAS, tss: County of Nueces. #v094394 CITY OF CORPUS-CHiISTI Before me, the undersigned, a Notary Public, this day personally came LQRRA]T.IE..1QRTRZ , who being first duly sworn, according to law, says that he is the ACCOUNTING CLERK of the Corpus Christi Caller and The Corpus Christi Times, Daily Newapapers published at Corpus Christi, Texas, in said County and State, and that the publication of NOTICE OF PASSAGE OF ORDINANCE NO. 15934... of which the annexed is a true copy, was published in on the, 99,1A day of .DECEMBER 19..80.., and once each day thereafter for one consecutive DAK QNTa Times. THE CORPUS CHRISTI CALLER -TIMES $--.35...42 .SRRA'IN_R..POR777 24th ACCOUNTING CLERK Subscribed and sworn to before me this day of _..&Lilt IIA__GOI L 6 Notary Public, Nuec EMBER i9 80 County, Texas l". r•-"'"'"'"'"""'"1r1p*"" • NOTICE OF PASSAGE OF ORDINANCE NO, 15934. AMENDING THECODE 0 ORDINANCES, CITY 0 CORPUS CHRISTI, 1976 RE- VISION, AS AMENDED, B AMENDING SECTION 12 47, CHAPTER 12, BAYS, BOATS AND WATERWAY; AUTHORIZING THE MA RINA SUPERINTENDEN TO ALLOW COMMERCIA BOAT OWNERS TO SELL THEIR—CURRENT DAY' CATCH FROM THEIR BOATS WITHIN THEIR AS- SIGNED SLIPS; PROVID- ING FOR WRITTEN PER MITS, PERMIT FEES. PUBLIC LIAVLITY IN• SURANCE REQUIRE• MENTSrAND PROVIDING FOR PUBLIFftTION. WAS PASSED ANCoAP- PROVED by the City Cuncil of the City of Corpus Christi, Texas during the Regular Council Meetings held on the 17th day of December, 1910, of 2:00 p,m,, and providing publication one time In the official publication of the City of Corpus Christi, Texas. ISSUED 'UNDER MY HAND AND SEAL of the City of Corpus Christi, Texas thls the 1805 day of Discern. ber, 1910. -1-1011 G. Read City Secretary Clt MOTION Jack Best moved and David Diaz seconded the motion that the ordinance read on the first two of three readings on November 26, 1980 and December 10, 1980, authorizing the Marina Superin- tendent to allow commercial boat owners to sell their current day's catch from their boats within their assigned slips at the Corpus Christi Marina, be amended prior to its third and final reading by deleting from Section 1, paragraph.3, the provision for "including food handlerd insurance." PASSED unanimously 12/17/80