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HomeMy WebLinkAbout16680 ORD - 11/11/19810 lt:10/27/81;lst AN ORDINANCE AMENDING CHAPTER 12, BAYS, BOATS AND WATERWAYS,SECTION 12-47 OF THE CORPUS CHRISTI CODE OF ORDINANCES, TO AUTHORIZE THE MARINA SUPERINTENDENT TO ALLOW COPM7ERCIAL BOAT BROKERS TO SELL THEIR CRAFT FROM THEIR ASSIGNED SLIPS; PROVIDING FOR SLIP ASSIGNMENT CRITERIA, ESTAB- LISHING THE RATE FOR BROKERAGE SLIPS, 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 boat brokers who have assigned slips in the Corpus Christi Marina be permitted to sell their craft within the Marina subject to certain 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") of Chapter 12 Bays, Boats and Waterways, of the Corpus Christi City Code be amended by adding the following provisions: "6. The Marina Superintendent is authorized to assign slips to com- mercial hoat brokers within the Corpus Christi Marina allowing for the sale of boats/watercraft from each slip assigned. "7. Said brokerage slips shall be limited to five (5) slips per firm/corporation or person in business for the sale of boats or other watercraft. Each slip assigned shall be limited to one single craft at a time. "8. The slip rate for brokerage slips shall be established at 140% of the standard pleasure craft rate, determined by multiplying the standard rate for recreational/pleasure craft times 140%. Electrical rates and tap water rates shall remain the same as that charged to the standard slip. "9. Before conducting any business, the Broker shall carry for the benefit of the public, naming the City as additional insured, public liability insurance, having provision therein to protect the City in all respects from any claim which might be presented by reason of the operation of the business, SEP 27 A84 1-5680 related conditions of the Marina, or the condition of the property of the Broker. Said insurance shall be evidenced by a certificate furnished to the Marina Superintendent for filing with City's copy of the permit. Said insurance is to have $200,000 coverage per person, and $500,000 for each occurrence of personal injury, and $100,000 for each occurrence of property damage. In addition, the Broker agrees that in the event any claim is presented by reason of the operation of his or her business, the related condition of the Marina, or the condition of the property of the Broker, then said Broker agrees to save the City harmless and indemnify the City against any such claims and defend the City in any lawsuit arising out of such claims. "10. Any proposed improvements to the sales area to be made by Broker are subject to approval by the Marina Superintendent. The Broker shall remove any structures/improvements that the Marina Superintendent deems unsafe and/or aesthetically non -conforming to prevalent or planned general appearance, style and decor of Marina structures. "11. Broker shall not sell or assign the privileges extended therein or of any part hereof without the written consent of the Marina Superintendent." SECTION 2. This ordinance shall be effective from and after its final passage and publication. SECTION 3. 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 4. All ordinances or part of ordinances in conflict herewith are hereby repealed to the extent of such conflicts. SECTION 5. 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. That the foregoing ordinance w read for second reading on this the day of, following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky That the foregoing ordinanc w s readfo fo third reading on this the ay o following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky That the foregoin ordinance on this the _f day of Luther Jones Betty N. Turner Jack K. Dumphy fir t time And passed to its 19", , by the nd time void passed to its , 19X/ , by the read for the t ird time and passed finally , 19 ( , by the following vote: Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky PASSED AND -APPROVED, this the _____d__day of 1(, 19J/ ATTEST: 2VEDAPPR : DAY OF Oc%, 19 SI : J. BRUCE AYCOCK, CITY ATTORNEY MAY THE CI OF CORPUS CHRISTI, TEXAS 16680 PUBLISHER'S AFFIDAVIT STATE OF TEXAS, lam; County of Nueces. ff #V347565 CITY OF C.C. x Before me, the undersigned, a Notary Public, this day personally came..... LORRAINE CORTEZ 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 Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of NOTICE OF PASSAGE OF ORDINANCE NO. 16680,Y..._ of which the annexed is a true copy, was published in THE CORPUS CHRISTI CALLER -TIMES 6th NOVEMBER 81 day one 1 on the .._6 16th day of. _ _--- -- —19_ _ , and once each.._.._. _.thereafter for.. consecutive..._..... day one _,.,,-,.Times. 30.34 LORRAINE CORTEZ 29:12/244214. 674_ VEMR 19. 81 Subscribed and sworn to before me this... i8,�..._..day of NO-� EUGENIA S. CORTEZ es --C7- i,, � Notary Public, Nueces C6iinty, Texas NOTICE J. • PASSAGE OF I ORDINANCE I NO. '6680 I AMENDING CHAPTER 2, BAYS, BOATS AND WA- TERWAYS, SECTION 12-47 OF THE CORPUS CHRISTI CODE OF ORDINANCES, ROINAUSUPP RINTENDENT BOATS KERSNTO SELL 'THEIR CRAFT FROM HEIR ASSIGNED SLIPS; 1 ROVIDI'NG FOR SLIP AS- IGNMENTCRITERIA, ES - OR BR ING THE RATE OR BROKERAGE SLIPS, IN- URANCBLIC EIABILITY REOUIRE- ' FOR R.C4R)ICATON.I ((First Reading 0/28/81, Second Reading -11/4/81). Was passed end approved Cyity of CGrpus ber Christi, Texas on full text of said ordilnant:e I1. Ths available to the public In the Office of the City Secretary.' lof of j981. 12th" tl Y • -1-8111 G Rea - irv+' ",'.'. Oh G. Rea t City Secretary