HomeMy WebLinkAboutEXECUTIVE ORDER 04-01
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Executive Order No. 04-01
WHEREAS, the commercial fishing industry plays an important role in both Sebastian's
history and its present economic vitality; and
WHEREAS, the hurricanes have caused extensive damage to the infrastructure at the
City boat ramp facilities, rendering their use hazardous to the general public; and
WHEREAS, notwithstanding said damage, the launch ramp structure per se should be
functional to those such as the members of our local commercial fishing industry with special
nautical skill and experience willing to assume the risks; and
WHEREAS, cooperation between government and our local commercial interests is
important in the recovery process for our community;
ACCORDINGLY, under the authority vested in me as City Manager under the existing
State of Emergency Operations, I issue the following Executive Order:
1. The Main Street Boat Ramp will be available for launching by special permit only
under the following limited circumstance and only upon satisfaction of all conditions set forth
herein:
a.
The permit granting a right to launch shall be limited to fishing guides and
other members of the commercial fishing industry.
b.
The permit applicant must supply proof of either Sebastian residency or a
valid City of Sebastian occupational license for the fishing business.
c.
The permit applicant must execute the Waiver, Release, Assumption of
Risk and Indemnification Agreement attached hereto as Exhibit "A".
2. A permit holder shall follow all lawful orders of City personnel in the use,
launching and operation of vessels at the facility.
3. A permit holder shall be responsible for moving any and all barricades to allow
launching and trailering, and for returning said barricades in place before leaving the area.
4. The permit shall be displayed on the front dash of the towing vehicle at all times
that permit rights are being exercised, including when the same is parked.
5. This permit may be revoked when the City Manager in his sole discretion
determines that it is in the public interest to revoke the same, including for failure to follow the
conditions herein. Nothing herein shall establish a vested right to the use of the launch facilities.
6. Absent revocation by the City Manager, a permit issued hereunder shall be valid
until such time as a public launch facility in the City is reopened for public use.
ORDERED this 11th day of October, 2004.
CITY OF SEBASTIAN
ATTEST (SEAL):
Approved as to form and legality for
reliance by the City of Sebastian only:
Exhibit "A"
Executive Order No. 04-01
WAIVER, RELEASE, ASSUMPTION OF RISK AND
INDEMNIFICATION AGREEMENT
IN AND FOR CONSIDERATION of acceptance of an application for a Special Permit
for the temporary aquaculture operations from City facilities, the sufficiency of which is
acknowledged by the parties, the Undersigned hereby waives any and all duties the CITY OF
SEBASTIAN may have at law or equity to protect the Undersigned from hazardous conditions at
the. City's Riverview Park Twin Piers and its related facilities and, further, the Undersigned
hereby releases the City from any and all claims of any nature whatsoever relating to use of City
facilities pursuant to the above-mentioned Special Permit.
The Undersigned recognizes the existence of hazardous or potentially hazardous
conditions resulting from recent hurricanes at said facilities and that said facilities were not
designed with this use in mind but, with full cognizance of the danger presented by these
conditions, does willfully assume the risk of use thereof, and shall indemnify, defend and hold
CITY harmless from any claims relating thereto.
AGREED TO this _ day of October, 2004.
Applicant
STATE OF FLORIDA,
COUNTY OF INDIAN RIVER
SUBSCRIBED BEFORE ME, an officer duly authorized in the State aforesaid and in the
County aforesaid to take acknowledgment, by who is
personally known to me or who presented as
identification this _ day of October, 2004.
Notary Public
State of Florida
Emergency Boat Launch
Permit
Issued to for launching at the Main Street Boat
Ramp in accordance with City of Sebastian Executive Order 04-01.
NON-TRANSFERABLE
Issue this _day of October, 2004
Terrence R. Moore, City Manager