HomeMy WebLinkAbout19086 ORD - 11/12/1985•
AN ORDINANCE
AMENDING ARTICLE II, MARINA, SECTION 12-41, APPLICABIILTY OF
ARTICLE, SECTION 12-60, WHAT PERSONS PERMITTED ON CATWALKS
AND SLIPS, PROHIBITING UNAUTHORIZED PERSONS TO USE THE
MARINA; SECTION 12-61 RATES AND RENTAL FEES FOR USE OF SLIPS
AND DOCKSPACE - SCHEDULE AND REGULATIONS, BY ADDING
DEFINITIONS FOR UNAUTHORIZED CRAFT AND TEMPORARY CRAFT,
SETTING DAILY RATES FOR TEMPORARY AND UNAUTHORIZED CRAFT,
REQUIRING TEMPORARY OR TRANSIENT CRAFT TO REGISTER UPON
ENTRY IN THE MARINA, AND SETTING PENALTIES FOR FAILURE TO
REGISTER; SECTION 12-63, RESTRAINT OF CRAFT WHEN NOT PAID,
PROVIDING FOR TAKING UNAUTHORIZED CRAFTS INTO CUSTODY,
PROVIDING NOTICE AND SALE AT PUBLIC AUCTION FOR FEES,
CHARGES, AND EXPENSES AND COSTS OWED TO THE MARINA;
PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That Article II, Marina, Section 12-41, Applicability of
article, be amended by adding the follow n� g:
Where federal law supersedes any provisions herein, the
federal procedure shall be followed in lieu of the
provisions of these ordinances.
SECTION 2. That Article II, Marina, Section 12-60, What persons
permitted on catwalks and slips, of the Code of Ordinances be deleted in its
entirety and substitute therefor the following:
No person shall be upon the catwalks or slips of the Corpus
Christi Marina, except the lessee, the guest or authorized
agent of the lessee, or persons in the employ of the City
for business therein.
Any owner, agent or guest of unauthorized craft forfeits all
rights and privileges to be upon and use the catwalks,
slips, docks or piers of the Marina or any other space
within the Marina, including upon his own craft in the
Marina.
SECTION 3. That Article II, Marina, Section 12-61, Rates and Rental
Fees for use of slips and dock space -schedule and regulations, of the Code of
Or finances be amended as follows:
04P.180.01
MICROFILMED
By adding to subsection (1) the following definitions:
Unauthorized craft: Any craft moored, docked or slipped in
the Corpus Christi Marina without a current rental contract
or prior written permission for the specific period in
question. Any craft which is in the Marina after
cancellation of the slip contract or after the period ends
for which it has written permission shall automatically be
defined an unauthorized craft.
Temporary craft: A watercraft moored, docked or slipped in
the Corpus Christi Marina, with written permission of the
Marina Superintendent, not meeting the definition of
transient craft, but without a monthly slip rental contract
in effect.
By adding to subsection (g) the following:
Rates for Temporary Craft: Temporary craft shall be charged
a slip or dockage fee at the same rate as transient craft.
By adding to subsection (h) the following:
Rates for Unauthorized Craft: All unauthorized craft shall
be charged a rental or storage fee of twenty-five dollars
($25.00) per day.
By adding to subsection (4) the following:
(a) Registration and Use: All temporary or transient craft
must register immediately upon their entry into the Corpus
Christi Marina, with the exception of ramped boats not
staying overnight. Temporary or transient craft will be
permitted to be stored, docked or moored only upon approval
of the Marina Superintendent and upon such terms and
conditions as shall be approved by the Marina Superintendent
in consideration of the space and facilities available and
the requirements of the particular craft requesting such
storage.
(b) The penalty for failure to register upon entry into the
Marina is fifty dollars ($50.00).
SECTION 4. That Article II, Marina, Section 12-63, Restraint of craft
when not paid, of the Code of Ordinances amended by adding section (a) as
follows:
(a) Treatment of unauthorized craft
1. Custody. An unauthorized craft left in the Marina
may be taken into custody by the Marina, and
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•
moved, stored, or removed by the Marina. The
Marina may employ its own personnel, equipment and
facilities or hire persons, equipment or
facilities to remove, preserve or store said
craft.
2. Notice to Owner. After ten (10) days, the Marina
Office shall notify the owner of record and or the
persons registering the craft at the Marina, if
any, at the address on the registration form.
Such notification shall be mailed certified,
return receipt requested to the owner or agent and
shall notify the owner or agent of the specific
time and date of sale, at least thirty (30) days
prior to sale. Notice of sale shall be posted and
published at least twenty (20) days prior to sale.
3. Sale. The owner may at any time prior to sale,
redeem the boat by payment of all delinquent fees,
charges and expenses, costs, plus costs of posting
and publication, followed by immediate removal of
the boat from the Marina. The Owner, by his
failure to redeem the craft consents to the sale
and waives all right, title and interest to the
craft. At the sale, the boat will be sold to the
highest bidder for cash. Proceeds shall be
distributed as follows: first to the City to pay
for all delinquent fees, charges and costs,
related to storage, maintenance, removal and costs
of sale. The remainder shall be paid to the
previous owner of the craft. If the previous
owner does not claim said funds within ninety (90)
days of the sale, the funds shall be placed in the
Marina fund.
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.
SECTION 6. Publication shall be made ane time in the official
publication of the City of Corpus Christi by publishing the caption stating in
substance the purpose of the ordinance, this ordinance to become effective upon
such publication.
04P.180.01
•
That the foregoing ordinance wa read for first time andassed to its
second reading on this the Z9 day of. , 19f , by the
following vote:
Luther Jones
Dr. Jack Best
David Berlanga, Sr.
Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
That the foregoing ordinance �wg read for
third reading on this the 5" - day of
following vote:
Luther Jones
Dr. Jack Best
David Berlanga, Sr.
Leo Guerrero
Q.itabrd
time and s ed to its
, 19 , by the
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
That the foregoing ordin-I�ce was r -ad for the t ird time and passed finally
on this the bL day o� ` ,, , 19 8g , by the followin. vote:
Luther Jones
Dr. Jack Best
David Berlanga, Sr.
Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
PASSED AND APPROVED, this the
ATTEST: v�p
City Secretary
19086
OF CORPUS CHRISTI, TEXAS
PUBLISHER'S AFFIDAVIT
STATE, OF TEXAS, la..
County of Nueces. J'
AD #65428
CITY OF C.C./CITY SECRETARY
Before me, the undersigned, a Notary Public, this day personalty came..
MARGARET RAMAGE , who being first duly sworn. according to taw. says that he is the
COMMUNITY RELATIONS SUPERVISOE the Corpus Christ( Caller end The Corpus Cbriti Mmes.
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of -
NOTICE OF PASSAGE OF ORDINANCE 19086
of which the annexed is a tine com was published in Caller -Times Pub. Co.
18th. November 1985 �h daythereafter for
on the day of
consecutive day
one Timm
56.35 MARGARET RAMAGE
one
Subscribed and sworn to before me Ws19th
EDNA KOSTER 11-30-88
No e
19 85
ti
Notary Public, sees County. Texas
NOTICE OF PASSAGE OF
ORDINANCE # 19086
AMENDING ARTICLE II, MA- 4
RINA, SECTION 12-41, 11
APPLICABILITY QF ARTICLE, u
SECTION 12-60. WHAT PER- n
SONS PERMITTED ON P
CATWALKS AND SLIPS, t
-
PROHIBITING UNAUTHO-
RIZED PERSONS TO USE THE
MARINA; SECTION 12-61 1
RATES AND RENTAL FEES F
FOR USE OF SLIPS AND M
DOCKSPACE - SCHEDULE T
AND REGULATIONS, BY AD-
DING D1FINITIONS FOR
UNAUTHORIZED CRAFT AND
FTEMPOFARY CRAFT. SET-
TING
DAILY RATES FOR pl
TEMPORARY AND UNAU-
HORIZED CRAFT,
REQUIRING TEMPORARY OR
TRANSIENT CRAFT TO REG-
ISTER UPON ENTRY IN THE
MARINA, AND SETTING PEN-
-MITES FOR FAILURE TO
REGISTER; SECTION 12-63,
RESTRAINT OF CRAFT
WHEN NOT PAID, PROVID-
ING FOR TAKING
UNAUTHORIZED CRAFTS IN-
TO CUSTODY, PROVIDING
NOTICE AND SALE AT PUB-
LIC AUCTION FOR FEES,
CHARGES, AND EXPENSES
AND COSTS OWED TO THE
MARINA; 'PROVIDING' FOR
SEVERANCE; AND PROVID-
ING FOR PUBLICATION.'
Was passed and approQed by
the City Council of the City o1
Corpus Christi, Texas on the
12th day of November, 1966.
The full lost of said ordinance
is available to the public in the
Office of the Cir Secretary.
/0/ Armando Chapa
City Secretary
Corpus Christi, Texas
A MOTION
c,Chs4ia4.� - moved and 4a'�^,'/4
seconded e motion that t e ordina 4e amending the City Code, Article II,
Marina, be amended prior to second reading, first reading having been heard on
October 29, 1985, by adding an amendment to Sec. 12-41, Applicability of
article, so as to provide for federal law superseding any provisions of the
ordinance.
04P.180.01