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HomeMy WebLinkAbout026905 ORD - 07/25/2006AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 9, AVIATION, BY CREATING SECTIONS 9 -65 THROUGH 9 -67 PROVIDING FOR RENTAL USES AND RATES; RENTAL AND USER AGREEMENTS; CITY OWNED EQUIPMENT; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. WIIEREAS, the City of Corpus Christi desires to amend the City of Corpus Christi Code of Ordinances Chapter 9 Aviation, by providing for rental uses and agreements; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Chapter 9 of the Code of Ordinances of the City of Corpus Christi is amended by creating Section 9 -65, Rental and User Agreements; Section 9 -66, Rental Rates; and Section 9 -67, City Owned Equipment, to read as follows: `Sec. 9 -65 Rental and User Agreements. (a) The director of aviation is empowered to prepare and sign user or rental agreements for the rental of conference rooms and/or equipment of the Corpus Christi International Airport. All user and rental agreements shall be signed by the director of aviation or the city manager's designee under the following conditions: (1) The form of every instrument used for a particular purpose shall be approved by the city attorney, provided, however, that this does not require the signatory approval of the city attorney on each document executed pursuant to this section; and (2) All blanks are filled and information is provided as required by the form instrument. Verbal arrangements to rent are not recognized under any circumstances and this article and the contracts and agreements shall constitute the whole agreement between the parties and may not be altered unless done so in writing, signed by authorized representatives of both parties. (b) All agreements shall provide that parties contracting for the use of conference rooms or other property shall hold the city harmless from any and all liability for any claim or claims as a result of use of the premises, equipment, or other property and shall indemnify the city in case of any claims resulting from their operations, use, or occurring as a result of their occupancy of the premises or use of property and all agreements shall specifically include such provisions. (c) The director of aviation shall apply any deposit against any amounts owed to the City of Corpus Christi for use of the property /facilities, and the director may refuse to enter into any agreement until any and all amounts due the city by any applicant or organization, or by any organization which the applicant has represented, have been paid in full. (d) The director, or his representative or designee, may enter rented facilities at any time for the purpose of ensuring that parties comply with the provisions of this article or the applicable agreement. Sec. 9 -66. Rental Rates The director of aviation shall prepare a schedule of rental rates for the use of the conference rooms. This schedule shall be submitted to the city manager for approval and shall be reviewed on an annual basis. Such rates shall bear a reasonable relation to current rental rates charged for use of similar commercial facilities so as to neither be excessive nor grossly deficient by comparison; provided however, no such rates shall increase annually by more than twenty -five (25) per cent, nor shall new fees be created, without city council's approval by motion or resolution. The approved schedule shall be filed with the city secretary and copies shall be provided to the city council. Specific rates, however. may be adjusted at any time, and the director shall have the authority to negotiate special rates for special situations. Sec. 9 -67. City -owned Equipment. Unless specifically stated in an agreement, the use of city -owned equipment is not included in the rental of conference rooms. The director shall prepare a list of city -owned equipment that is available for rent and recommend fees for its use. This fee schedule shall be submitted to the city manager for approval. Such fees shall bear a reasonable relation to cost and depreciation of such equipment to allow the city to recover the acquisition, maintenance, and replacement costs of such equipment as necessary. The approved schedule shall be filed with the city secretary and copies shall be provided to the city council.' SECTION 2. The fees established in Section 1 of this ordinance shall take effect and be applied against all service provided on or after August 1, 2006. SECTION 3. 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 4. Publication will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. EFFECTIVE DATE 9) )1°s° That the foregoing ordinance was read for the first time and passed to its second reading on this the I Y ' of , 2006 for the following vote: Henry Garrett Brent Chesney John E. Marez Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott That the foregoing ord. ance was read for the second time and passed finally on this the day of as-t- of 2006, by the following vote: Henry Garrett Brent Chesney John E. Marez Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott APPROVED AND PASSED on this c day of ATTEST: Armando Chapa, City Secretary APPROVED: July 13, 2006 Wendy E. elv en Assistant City Attorn6y For City Attorney , 2006. ry Garrett, ayor ` ^1ti;N1'