Loading...
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 04P.180.01 • 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