HomeMy WebLinkAbout021603 ORD - 03/16/1993AN ORDINANCE
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE
A FIVE-YEAR LEASE AGREEMENT WITH THE UNITED STATES
DEPARTMENT OF THE ARMY CORPS OF ENGINEERS FOR THE LEASE
OF SLIP L-10 ON THE LAWRENCE STREET T -HEAD AT THE CITY
MARINA, FOR A MONTHLY FEE OF $164.75 PLUS ELECTRICITY COSTS
IN EXCESS OF $19.00 PER MONTH; AND PROVIDING FOR
PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the City Manager is hereby authorized to execute a five-year
lease agreement with the United States Department of the Army Corps of Engineers, for the
lease of Slip L-10 on the Lawrence Street T -Head at the City Marina, for a monthly fee of
$164.75 plus electricity costs in excess of $19.00 per month, all as more fully set forth in the
Lease Agreement, a substantial copy of which is attached hereto and made a part hereof, marked
Exhibit "A".
SECTION 2. Publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
021603
AG5000.308.ajr
MICROFILMED
TITLE OF i ORM
=at .-
1 AUT°'ORITV
DATA REQUIRED BY THE PRIVACY ACT 6F 1974
id 11.3.C. 552.1
- •1 r •• • 111
• ' • ' ' • • 191 • -
L2; _AJ
PRESCRIBING DIRECTIVE
7-2-10
4
Executive Order 9397 and ER 37-2-10
2, PRINCIPAL PURPOSEIS)
To seek information from individual or firms to identify taxpayer to Internal Revenue
Service on reportable income.
3. ROUTINE USES
Information is submitted to Internal Revenue Service as identification in reporting
payments to individuals which exceed $600.00 annually.
a MANOATORY OR VOLUNTARY DISCLOSURE ANO EFFECT ON INDIVIDUAL NOT PROVIDING INFORMATION
Disclosure is mandatory. The Internal Revenue Service requires this information and
may impose a penalty upon persons who do not supply taxpayer identifying number when
asked to do so.
SWG FL FORM 221 • Privacy ActStatement - 26 Sep 75
DA Form 4368—R, 1 May 75 (One -Time)
Incl. 3
EI X, 1. N. L r • `r
STANDARD FORM 2-B
FEBRUARY 1965 EDITION
GENERAL SEPVICES
ADMINISTRATION'
FPR (rl CFR) I-16601'
U.S. Government
Lease for Real Property (Short
P y Form)
LEASE
TE
1AOctober 1992
NO.
DACW64-5-93-01
The LESSOR leases to the UNITED STATES OF AMERICA, hereinafter called the GOVERNMENT, the described premises on
the terms stated herein, induding the conditions on the reverse hereof.
1. LOCATION OF LEASED PREMISES
Spare 1-10 1awrenre Street T -Head, City Marina, Corpus_ Christi Texas
2. DESCRIPTION OF LEASED PREMISES
Space L-10 of the City Marina, Corpus Christi, Texas, for docking and storage space
for survey launch "BLACKBURN" (for the Corpus Christi Area Office, U.S. Army Corps
of Engineers).
3. TERM. To have and to hold: ,_ ` 3
For the term beginning 1 lctober-29-42 through ----30--September--19.43
From year ro year thereafter, but not beyond 30 -.September ----1997 this lease
will automatically renew itself unless terminated by the Government or the lessor
as hereinafter provided.
Either
party
4. TERMINATION. '^'sCoat^•^'^^^t may terminate this lease at any time by giving at least .30 days' written notice
to thedessor. Said notice^���shall be computed commencing with the day after the date of mailing.
5. RGOV
ENTAlt. bfre er}nment shall pay the Lessors" rent of R .t the Tarr of $ }54-F75
per month , in arrears. Rent for a lesser period shall be prorated. Rent checks shall be made payable (0:
City of Corpus Christi, ATTN: Marina Superintendent, P.O. Box 9277, Corpus Christi,
Texas 78409. Tax ID Nr: 1-74-6000-574-1, By Finance & Accounting Officer, US Army
Accounting Classification: VW2121600050000 Engineer District, Fort Worth PO Box
171nn, Fort weIrth, Texas 76162 0300
6. SERVICES AND UTILITIES (Eater
❑ (1) HEAT
Ul (2) ELECTRICITY
"X" is bgsfor garb items to be provided 6y Lessor as part of lease)
❑ (5) CHILLED DRINKING WATER
(Pregaeary)
II (9) TOILET SUPPLIES
• (6) AIR CONDITIONING In (10) JANITOR SERVICE AND SUPPLIES
1111 (3) POWER (Special egsipweut) 111 (7) ELEVATOR SERVICE . (11) IBALAL LAMPS. TUBES.
LASTS AND REPLACEMENTS
(4) WATER (Hotaad told)
0 (13) OTHER (Specify)•
In (m) WINDOW WASHING (Quarterly) flt (12) MECHANICAL VENTILATION
7. SPECIAL OR OTHER PROVISICH(S) AGREED UPON
a. At any ( ggftilme0bjt,the rental rate is increased by the City Council of Corpus
Christi, the new rentat tete, as negotiated, will be paid with the !preparationiof; a,
supplemental agreement to this lease. Requests by the lessor for rent increases
will be addressed to the Government as follows: Commander, U.S. Army Engineer District
Galveston, ATTN: CESWG-RE-A, P.O. Box 1229, Galveston, TX 77553-1229.
b. Rules and Regulations of the Marina are attached hereto and made a part of this
lease.
c. Rental amount includes an allowance of $19.00 per month of metered electrical
usage. When actual monthly electrical usage as metered, exceeds a cost of $19.00, the
portion of the amount of the monthly hill that pxrpeda A1q 00 will hp killed to the
LEW°R following address: Area Engineer, Corpus Christi Area Office, U.S. Army Corps of
Engineers, P.O. Box 2948, Corpus Christi, TX 78403-2948.
CITY OF CORPUS CHRISTI, MARINA DEPARTMENT
BY
Juan Garza (54aa4re) City Manager Armandn Chaps (siaaabr) rity cerretary
UNITED STATES OF AMERICA
RICHARD N. GUTHRIE
Chief, Real Estate Division
BY — --- - ----
(Siaaatsre) (Oficial title)
2-301
(See Gerard Provisions ow revere)
r
r
12. Gratuities to Government Employees.
a. The Government may, by written notice to the lessor,
terminate the right of the lessor to proceed under this lease if
it is found, after notice and hearing, by the Secretary of the
Army or his duly authorized representative, that gratuities (in
the form of entertainment, gifts, or otherwise) were offered or
given by the lessor, or any agent or representative of the
lessor, to any officer or employee of the Government with a view
toward securing a lease or securing a favorable treatment with
respect to the awarding or amending, or the making of any
determinations with respect to the performing, of such leases,
provided that the existence of facts upon which the Secretary of
the Army or his duly authorized representative makes such
findings shall be in issue and may be reviewed in any competent
court.
b. In the event this lease is terminated as provided in
paragraph (a) hereof, the Government shall be entitled (1) to
pursue the same remedies against the lessor as it could pursue
in the event of a breech of the lease by the lessor, and (2) as
a penalty in addition to any other damages to which it may be
entitled by law to exemplary damages in an amount (as determined
by the Secretary of the Army or his duly authorized representa-
tive) which shall be not less than three nor more than ten times
the costs incurred by the lessor in providing any such gratuities
to any such officer or employee.
c. The rights and remedies of the Government provided in
this clause shall not be exclusive and are in addition to any
other rights and remedies provided by law or under this lease.
Approved as to form:
James R. Bray, Jr.
City Attorney
By.
Alison Gallaway,
Assistant City Attorney
3
CITY OF CORPUS CHRISTI, TEXAS
CITY MARINA RULES AND REGULATIONS
1 PENALTY FOR VIOLATION - The rules and regulations contained herein are the policies and ordinances of the Corpus Christi City Marina. Viola-
tion of any such provision of these carries a fine not to exceed Two Hundred (5200) Dollors. plus possible loss of space privileges. Upon the re-
fusal to comply with a lawful order of the Marino Superintendent and/or his staff, the Superintendent may revoke the rental of space for the
wotercralt and order ns immediate removal. Should such owner. master or operator or any person refuse such order. such watercraft may be
moved by the Marina Superintendent.
2. USr OF UTILITIES - Excessive and/or negligent use of electricity or top woter. as determined by the Manna Staff. will cause metering of such
utility and me snoce tenant shall oav an additional cost for such use. as well as the cost for the metering device.
3. CRAFT PROPERLY TIED - All croft shall be berthed with proper core and be secured to its moorages with good line and shall be maintained at all
times with respect to safety and appearance.
1. BATHING, SWIMMING - Entering the waters of the City Morino for the purpose of bathing, swimming or wading is prohibited due to the danger
of moving watercraft.
5. TRASH OVERBOARD - Trash, refuse or waste of any kind. including the overboard flushing of heads or holding tanks is not permitted inside the
rock breakwater of the City Morino.
6. SPEED WAIT - No person shall operate a craft greater than 4 mph within 200 feet of the L -Head or T.Heods. Speed of moving craft Inside the City
Morino shall be held down to a limit which will leave no wave action from their craft. Craft operators ore liable for the damage caused by wave
action from their croft. No speedboat contests are permitted within the wafer areas protected by the City Marina rock breakwater.
7. CATWALIIS, BULKHEADS KEPT FREE OF MATERIALS - Materials, trash and/or equipment left upon the docks, catwalks and bulkheads will be
removed. without notice. by the Marino Staff. These areas must be kept clean and clear at all times.
8. LANG DWELLING . No person shall be 'permitted to use the land areas of the L -Head and T -Heads as a dwelling place for any length of time,
whether the person be in o vehicle, tent, improvised shelter, or without shelter. An overnight stay shall constitute using the land area as a
dwelling ploce.
9. WATER DWELLING - No watercraft whatsoever which is being used by the person or persons aboard as a dwelling place shell be permitted to
moor. tie-up or anchor within rhe protected waters of the City Morino, except regular space tenants and registered transient craft shall be
permitted to stay aboard their craft for five (5) consecutive days only. provided their craft is equipped with a holding tank or the shore resrooms
are used. and provided o permit is obtained from the Marino Supervisor.
10. BOAT REPAIR AT SPACES - No owner, master. operator or his agent, of a watercraft is permitted to make major hull and/or superstructure
repairs while berthed at the spore without written permission Irom the Marino Superintendent who has authority to order the termination of
such work.
I1. PARKING OF TRAILERS AND VEHICLES - No person shall leave or cause to be left any trash. material, object, vehicle, trailer or equipment
upon the land areas of the L -Head and T -Heads without prior written approval of the Marina Superintendent.
12. SIGNS AND ADVERTISEMENTS - No signs and/or advertisements of whatsoever kind shall be permitted within the City Morino including all
lad and water ones, without prior written approval of the Marina Superintendent.
13. FISH NETS AND TROTLINES - It shall be unlawful to seine for murine life, drag a net, set out a trodine ur sail line, in all the water areas of the
City Morino bound by the rock breakwater.
14. TRESPASSING - No person is to be upon any craft. its dock and bulkheads except the space lessee, their guests or agents or persons in the
employ of the City for business therein.
15. FUELING AT SPACES - The fueling of inboard tanks on watercraft ore hereby prohibited in every place of the City Marina except of the fuel
station docks. eat such other alternate fueling saes 55 designated by the Marna Sup.nnMnd.nL
16. ASSIGNMENT OF SPACES - Upon first arrival, the craft owner or operator must report in to the Marina Office to be assigned a space.
17. SPACE ASSIGNED TO SPECIFIC CRAFT - Space is assigned to a specific craft and a specific owner. Any change in the owner's craft requires
immediate notification of the office of the Marina Superintendent.
18. OMIT TO NUMBER Of SPACES RENTED - No more than five (5) spaces shall be rented at a time, by any person, firm, organization or corporation
without special agreement in writing by the Marino Superintendent. the City Manager or City Council.
19. DAMAGE TO MARINA FACILITY - The owner or owners of any watercraft, whether operated by him or his pilot. shall be responsible for the
dosage his craft may cause to ted Marina space fixtures.
20. CRAFT DETERIORATING IN SPACE - Any craft which becomes badly deteriorated such o• to be likely to damage any other objects or vessels. or
which might become a menace to navigation, shall be removed at once by the craft owner at his sole expense, or shall be removed by the
Marina Superintendent at the croft owners expense.
21. CRAFT REGULATION EQUIPPED - Croft in the City Marina shall be equipped according to the U. S. Coast Guard regulations and operated accord-
ing to the "Rules of the Rad" and the navigation laws of the United States.
22. BRGEWATER. 011.5 AND INFLAMMABLES - It Is unlawful for any person to discharge or permit the discharge of any oily bilgewater. oll or
inflammable liquids of whatsoever kind In the waters of the City Marina.
23. GEARBOXES - Gearboxes may be rented from the City Marina or the space tenant may provide his own at his assigned space. provided the
design specifications on the same as provided by the Marina Superintendent.
24. PARKING - All parking areas, including parking lots and curb parking. are far the use of the general public while indulging in recreational activ-
ities. TM parking areas are under the control of the City Morino supervisory staff. No owner, master. operator or any person in charge of any
watercraft shall direr, order or request any other person to refrain from parking any vehicle in any of the designated parking platys of the
Marina L -Head and T -Hods.
25. NOTIFICATION OF HAZARDOUS CONDITIONS - Tenants shall notify the Marina Superintendent, in writing, of any conditions, defects, or falling
of the tenant's slip/space, docks or other property that may become hazardous and/or require repair or maintenance. Tenants shall also notify
the Marina office of any vandalism, theft, or other pending or committed crime in the Marina area.
SPECIAL REGULATIONS FOR CHARTER BOATS
1. CHARTER BOAT - A charter boat shall be defined as any craft which is for temporary charter, rent or hire, and is commonly referred to as:
Head boat, parry boot, parry fishing boat, tour boat, sightseeing boat, excursion boat or charter fishing boot.
Z. IN ADDITION to the rules and regulations provided herein, a charter boat owner, master or operator shall comply with each of the following
special regulations:
A) Purchase his own electric meta and pay for all such electrical use.
B) All signs, awnings and ticket booths shall conform to the City Ordinances specially written for their control or they shall be removed, without
notice, by the Marina Supervisory Staff.
C) Solicitation of passengers shall be confined to the rented space and no person shall attract passengers by means of arm waving or excessive
noise, including music.
That the foregoing ordinance was read for the first time and passed to its second reading on this
the 1 daY ' of 1 t , 19 (I';, by the following vote:
1.ti
Az)/
Mary Rhodes
Cezar Galindo
Lea-Cseeffer-e-
Betty Jean Longoria
Edward A. Martin
Joe McComb
Dr. David McNichols
Clif Moss
Mary Pat Slavik
That the foregoing ordinance was read for the second time and passed to its third reading on
this the (to day of f IdnA.; n , 19 q-oby the following vote:
Mary Rhodes
Cezar Galindo
Lsee-Guerrero--
Betty Jean Longoria
That the foregoing��ordinance
n
day of �`iO,n' , 19
Mary Rhodes
Cezar Galindo
Betty Jean Longoria
Edward A. Martin
Joe McComb
Dr. David McNichols
Clif Moss
Mary Pat Slavik
read for the third time and passed finally on this the Vs
i, by the following vote:
Edward A. Martin
Joe McComb
Dr. David McNichols
Clif Moss
Mary Pat Slavik
PASSED AND APPROVED, this the Mtn day of
ATTEST:
61444444 et/ti-
City Secretary
MAYO
THE C
APPROVED: S DAY OF,atti,� , 1Jj:
JAMES R. BRAY, JR., CITY ATTORNEY
aQ(n, ;
3
`` 16 0 3� Attorney
OF CORPUS CHRISTI
PUBLISHER'S AFFIDAVIT
State of Texas, }
County of Nueces } ss:
CITY OF CORPUS CHRISTI
AD# 70542
PO#
Before me, the undersigned, a Notary Public, this day personally
came Connie Haralson, who being first duly sworn, according to
law, says that she is Business Office Administrative Assistant 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, Nueces, Refugio, San
Patricio, Victoria, and Webb Counties, and that the publication
of NOTICE OF PASSAGE OF ORDINANCE NO. 021603 AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO EXECUTE A FIVE-YEAR LEASE AGREEMENT
which the annexed is a true copy, was published in the Corpus
Christi Caller -Times on the 21st day(s) of March, 1993.
One Time(s)
$ 59.20
Lwl�C�t J116-1"-ta-a--)
Business Office Administrative Assistant
Subscribed and sworn to before me this 5th day
of April, 1993.
Notary Public, Nuec ounty, Texas
EDNA KOSTER
Notary Pubfe
State of Texas
My Comm, Exp, 11-30.96
L S :6 WV ti I adv £6
lN3Wiatid3O 33HVNId
PUBLISHER'S AFFIDAVIT
State of Texas, } CITY OF CORPUS CHRISTI
County of Nueces } ss: AD# 63074
PO#
Before me, the undersigned, a Notary Public, this day personally
came Connie Haraison, who being first duly sworn, according to
law, says that she is Business Office Administrative Assistant 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, Nueces, Refugio, San
Patricio, Victoria, and Webb Counties, and that the publication
of NOTICE OF PASSAGE OF ORDINANCE ON SECOND READING AUTHORIZING
THE CITY MANAGER OR HIS DESIGNEE which the annexed is a true
copy, was published in the Corpus Christi Caller -Times on the
21st day(s) of February, 1993.
One Time(s)
$ 58.00
Business Office Administrative Assistant
Subscribed and sworn to before me this 1st day
of March 1993.
0:01),„
Notary Public, Nueces County, Texas
PUBLISHER'S AFFIDAVIT
State of Texas, ) CITY OF CORPUS CHRISTI
County of Nueces ) ss: AD# 62258
PO#
Before me, the undersigned, a Notary Public, this day personally
came Connie Haralson, who being first duly sworn, according to
law, says that she is Business Office Administrative Assistant 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, Nueces, Refugio, San
Patricio, Victoria, and Webb Counties, and that the publication
of NOTICE OF PASSAGE OF ORDINANCE ON FIRST READING AUTHORIZING
THE CITY MANAGER, OR HIS DESIGNEE which the annexed is a true
copy, was published in the Corpus Christi Caller -Times on the
14th day(s) of February 1993.
One Time(s)
$ 53.65
Business Office Administrative Assistant.
Subscribed and sworn to before me this 15th day
of February, 1993.
l� rr c�tiv R L • t LJ -e ,,�/
Notary Public, Nueces County, Texas
�. ,
�' `,. KATHERINE: L. l ANEK
Novo
'j Sta: .
My Comm. E.
NOTICE Of PASSAGE
OF ORDINANCE ON
AUTHORIZINGT EATHE CITY
TO EXECUGER TE HIS FIVE-Y-YGEAR
LEASE AGREEMENT WITH
THE UNITED STATES DE-
PARTMENT OF THE ARMY
CORPS OF ENGINEERS FOR
THE LEASE OF SLIP L-10 ON
THE TREET T -
HEAD AT TH ECTY MARI-
NA,
$164.7 PUS ELECTRICIHLY FEE TY
COSTS IN EXCESS OF
$19.00 PER MONTH; AND
PROVIDING FOR PUBLICA-
TION. THE TERM OF THE
LEASE IS FOR FIVE YEARS;
THE PURPOSE IS TO LEASE
SLIP L-10
AT THE LAW-
RENCE
THE C,fT
tAT
RP A
PLM MY SE.75.
US
IN flan OF $IS PER F[
MONTH.
file
A ccg of M/ Ifs ifin
City
Secretary's office.
The ordinance was passed'
and approved on first
reading by the City Council of
the City of Corpus CMiwi,_,,
Texas on the 9th day
of February. 1993. S
/s/ Armando Clain
City Secretary
City of Corpus Chnstr'
,'NICE CO PASSSOPRANOSAGE
�1SE OND READING
AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE
TO-ICXECUTE A FIVE -NEAR
LEASE AGREEMENT WITH
MOMENT OF STHEES ARMY
CORPS OF ENGINEERS FOR
TH[ LEASE OF SUP L-10 ON
THE"LAWRENCE STREET T -
HEAD AT THE CITU MARI-
NA, FOR A MONTHLY FEE OF
$164.78; PLUS ELECTRICITY
COSTS IN EXCESS OF
$19'.D0 PER MONTH; AND
IARA 1.-1 ?NI RAtt
A
pMWSTELECTHLY RICITTYY COSTS B,
IN EXCESS OF $19 PER
MONTH.
A copy of ins lease is on
file in the City.
Secretary's office.
TM ordinance was passed
and approved on second
reading by the City Council of
the City of Corpus Christ,
Texu bn the 19th day
of February. 1993.
/s/ Armando oweCity of Ca�iia ni
E; AUTHHO thrt _M021
GItY
MANAGER OR HIS DESIGNEE
TO EXECUTE A FIVE-YEAR
•s; LEASE AGREEMENT WITH
3; THE UNITED STATES DE-
PARTMENT OF THE ARMY
CORPS OF ENGINEERS FOR
e; THE LEASE OF SUP L-10 ON
3; THE LAWRENCE STREET T -
HEAD AT THE CITY MARI-
NA, FOR A MONTHLY FEE OF
5164.75; PLUS ELECTRICITY
; COSTS IN EXCESS OF
1; 519.00 PER MONTH; AND -
PROVIDING FOR
PUBLICATION. THE TERM OF
1- THE LEASE IS FOR FIVE
I; YEARS; THE PURPOSE IS TO
LEASE SLIP L-10 AT THE
LAWRENCE STREET T -HEAD
; A THE CITY MARINA, FOR A
MONTHLY FEE OF $164.75,
PLUS ELECTRICITY COSTS IN
EXCESS OF 519 PER
MONTH.
; A copy of the lease is on file
in the City Secretary's office.
The ordinance was passed
and approved on third reading
t by the City Council of the City
] of Corpus Christi, Texas on
$ the 16th day of March. 1993.
e /s/ Arma Crops
Cty ry
s City of Corpus ti
e —