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Home My WebLink About20131 ORD - 12/22/1987AN ORDINANCE AMENDING THE CITY CODE, CHAPTER 12, BOATS, BAYS AND WATERWAYS, BY DELETING SECTION 12-47, PERMITS REQUIRED FOR COMMERCIAL ACTIVITY; REGULATIONS, IN ITS ENTIRETY AND SUBSTITUTING THEREFOR A NEW SECTION 12-47; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Code, Chapter 12, Boats, Bays and Waterways, is hereby amended prior to third reading by deleting Section 12-47, Permits required for commercial activity; regulations, in its entirety and substituting therefor a new Section 12-47 to read as follows: Sec. 12-47. Permits required for commercial activity; regulations. Except as otherwise provided in this Code, no person shall solicit business or sell, rent or offer for sale or rent any goods or service whatsoever from, in or on the Corpus Christi marina or docks, except under the following terms and conditions: 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 fresh seafood; provided that no such permit shall be issued except under the following terms and conditions: 204RP040.ord A. The cost of such permit shall be two hundred dollars ($200) and the term shall be one year. B. Sale of fresh seafood must comply with Federal, State and local laws, rules and regulations governing seafood or perishable commodity sales. Prior to the issuance of any permit under this section, the applicant therefor shall obtain a health permit for such activity as provided in Chapter 19 of this Code. C. Prior to the issuance of any permit under this section, the applicant therefor shall file with the issuing officer, proof of a policy of public liability insurance for the benefit of the public. Such policy shall name the City as an additional insured and shall have provisions therein whereby zoiaiMICROFItMEO no cancellation or termination of coverage shall be effective without prior written notice to the City and further provisions to protect the City in all respects from any claim which might be presented by reason of the operation of the business, related conditions of the marina, or the condition of the property of the permittee. Such proof shall be evidenced by a certificate of insurance which shall be maintained on file with the City's copy of the permit. Said insurance is to have one hundred thousand dollars ($100,000) coverage per person, three hundred thousand dollars ($300,000) for each occurrence of personal injury, and fifty thousand dollars ($50,000) 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 permittee agrees to save the City harmless against any such claims and defend the City in any lawsuit arising out of such claims. D. All seafood sold from commercial boats in the marina must: (1) Be sold only from the boat within the assigned slip or berthing site designated by the marina superintendent; (2) Have been caught within a forty-eight hour period that the seafood is offered for sale; (3) Be sold only from the commercial boat that caught the seafood and must be sold within the assigned slip or berthing space assigned by the marina department; (4) Be sold only by the licensed commercial fisherman that engaged in the actual taking of the seafood; (5) Remain at all times on the boat that caught the seafood; (6) Be removed from that commercial boat at the end of the forty-eight hour period. 204RP040.ord E. Any seafood removed from a commercial boat may not: (1) Be placed back on the boat from which it was caught (removed); (2) Be placed on another commercial boat within in the marina. F. Seafood brought to the marina and placed on any boat is prohibited from being sold at the marina. The marina personnel and/or other enforcement personnel retain the right to inspect any and all ice chests, food containers, or seafood boxes being placed on a licensed commercial boat vessel. G. Signs advertising commercial seafood sales. All vessels shall be subject to the following regulations concerning signs advertising such vessels: (1) There shall be no more than one signboard referring to any boat; (2) Such signboard may be painted and may contain a sign on one or both sides; (3) No signboard shall exceed four (4) feet in height nor exceed four (4) feet in width; (4) Such signboard shall be erected, maintained and displayed on board the vessel; (5) No such signboard shall be erected or displayed on existing structures, piers, or gear boxes. H. Any proposed improvements to the sales area that is leased city property (pier, catwalks, sidewalks, and/or dockside area) are subject to approval by the marina superintendent. The permittee shall remove any structures and/or improvements that the marina superintendent deems unsafe and/or aesthetically nonconforming to prevalent or planned general appearance, style and decor of marina structures. I. No booths or cleaning trays on piers, catwalks, sidewalks, or dockside area shall be permitted for the culling of the catch, cleaning or heading. 204RP040.ord Heading of the shrimp is allowed aboard the boat by the permittee. J. It shall be the responsibility of all commercial seafood operators to keep all trash and debris clear from adjacent piers, sidewalks, and water within assigned slip. K. All commercial vessels operated for seafood sales shall be operational, to include engines, winches, booms, nets, boards in operating condition. The permittee shall not engage in sale or barter of seafood on any vessel which is not operational and capable of being placed into service for a period in excess of seventy-two (72) hours. SECTION 2. 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 3. Publication shall be made one 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. 204RP040.ord That the foregoing ordinance' ^wa� read for he fir t time and passed to its second reading on this the 11�� day of.Q, 198'7 , by the following vote: Betty N. Turner Clif Moss David Berlanga, Sr. Bill Pruet Leo Guerrero Mary Rhodes fak MC�I�. Mary Pat Slavik Linda Strong That the foregoing ordinance was read for he second t'me and passed to its third reading on this the g day of , 190 , by the following vote: Betty N. Turner Clif Moss David Berlanga, Sr. Leo Guerrero F- n ez That the foregoing or� an`ce was r�e,ad� for t e third time and passed finally on this the day of 1 C .�"y% Qh , 19V/ , by the following vote: Bill Pruet Mary Rhodes Mary Pat Slavik Linda Strong Betty N. Turner David Berlanga, Sr. Leo Guerrero Clif Moss Bill Pruet Mary Rhodes Mary Pat Slavik Linda Strong PASSED AND APPROVED, this the day of LQtL1)Lb.eJi) , 19U 7 ATTE T: ity ecretary APPROVED: // /3 DAY OF /IIOUe'ldt i�, 197: HAL GEOR . ITY ATTOR By A st.nt City Attorney 7 99.044.01 4A-r-r-e(Y THE CITY OF CORPUS CHRISTI, TEXAS 20131 PUBLISHER'S AFFIDAVIT State of Texas, ] City of C C County of Nueces ] ss: Ad # 17439 Before me, the undersigned, a Notary Public, this day personally came Deanne D. Palmer, who being first duly sworn, according to law, says that she is a Senior Accounting Clerk of the Corpus Christi Caller - Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Refugio, San Patricio, and Victoria Counties, and that the publication of "NOTICE OF PASSAGE OF ORDINANCE #20131 AMENDING" of which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 28 day of December 1987, and each day there after for one consecutive day(s) one Times $ 28.75 Senior Accounting Clerk Subs ed and sworn to of ,e me this 31 day of December, 1987 Eugen a / Cortez Notary Public, Nueces County, Texas My commission expires on 6.30.89 NOTICE OF PASSAGE OF ORDINANCE #20131 AMENDING THE CITY CODE, CHAPTER 12, BOATS, BAYS AND WATERWAYS, BY DE- LETING SECTION 12-47, PERMITS REQUIRED FOR COMMERCIAL ACTIVITY; REGULATIONS, IN ITS EN- TIRETY AND SUBSTITUTING THEREFORE A NEW SECTION 12-47; PROVIDING FOR SEV- ERANCE; AND PROVIDING FOR PUBLICATION. Was passed and approved by the City Council of the City of Corpus Christi, Texas on the 22nd day of December, 1987. The full text of said ordinance is available to the public in the Office of the City Secretary.* /s/ Armando Chapa City Secretary City of Corpus Christi