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Home My WebLink About06692 ORD - 11/14/1962• IMS :JKH:11 -12 -62 ' AN ORDINANCE I AMENDING THE CORPUS CHRISTI CODE, 1958, AS AMENDED, BY AMENDING ARTICLE VI, UNDER CHAPTER 9 THEREOF, BY ADDING TO SAID CHAPTER 9 PROVISIONS REGULATING OPERA- TION OF BARGES, DREDGES AND/OR FERRIES ON LAKE CORPUS CHRISTI, SAID NEW PROVISIONS TO BEJNUMBERED SECTIONS 9 -81, 9 -82 AND 9 -83, RESPECTIVELY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BE AND THE SAME IS HEREBY AMENDED BY ADDING TO ARTICLE VI, UNDER CHAPTER 9 THEREOF, NEW SECTIONS TO BE DESIGNATED SECTIONS 9 -81, 9 -82 AND 9 -83, RESPECTIVELY, AND READING AS FOLLOWS: "SECTION 9 -81. PROTECTION OF LAKE AREA WITHIN 94 FOOT CONTOUR LINE. "THE LOWER NUECES RIVER WATER AUTHORITY AND THE CITY OF CORPUS CHRISTI HAVING EXCLUSIVE RIGHTS TO INTERMITTENTLY FLOOD'LAND BELOW AND UP TO THE 94 FOOT CONTOUR LINE, IT IS HEREBY DETERMINED TO BE AN OFFENSE WITHIN THE TERMS OF THIS ARTICLE TO IN ANY WAY CHANGE THE NATURAL CONDITION OF THE LAND AND TERRAIN AT AND BELOW SAID 94 FOOT CONTOUR LINE LEVEL WITHOUT FIRST COMPLYING WITH THE REQUIREMENTS HEREINAFTER SET FORTH: A. A PERMIT FOR OPERATIONS MAY BE OBTAINED FROM THE SUPERIN- TENDENT OF THE WATER DIVISION OF THE DEPARTMENT OF PUBLIC UTILITIES OF THE CITY OF CORPUS CHRISTI BY PRESENTING A DETAIL PLAN OF THE ACTION INTENDED TO BE TAKEN BY APPLICANT AND BY , SHOWING THAT IN ANY EVENT THE CONSTRUCTION WORK, DREDGE WORK, DRAGLINE WORK OR WORK BY OTHER MEANS WILL NOT CREATE ANY TASTE, ODOR OR TURBIDITY PROBLEMS INTERFERING WITH THE NORMAL OPERATION OF THE LAKE AND WILL NOT REDUCE THE AREA WHICH THE SAID WATER DISTRICT AND CITY WOULD, WITHOUT SAID WORK, HAVE THE RIGHT TO FLOOD, THEN SUCH PERMIT SHALL BE GRANTED UPON THE CONDITIONS HEREINAFTER SET OUT: a 6692 RESERVOIR FOR THE CITY WATER SYSTEM; (5) ALL DREDGES AND OTHER WATERCRAFT SHALL COMPLY WITH RULES AND REGULATIONS PERTAINING TO THE OPERATION OF SAME ON NAVIGABLE WATERS AS SET OUT IN PART 80.20, 80.21, 80.22 AND 80.23 OF THE RULES OF THE ROADS C.G. BULLETIN 169, MAY 1, 1959, UNITED STATES COAST GUARD. "SECTION 9 -82. OPERATION OF BARGES, DREDGES AND/OR FERRIES. "IT SHALL BE UNLAWFUL FOR ANY PERSON TO OPERATE ANY BARGE DREDGE OR FERRY WITHOUT FIRST OBTAINING A PERMIT FROM THE SUPERINTENDENT OF THE WATER DIVISION OF THE DEPARTMENT OF PUBLIC UTILITIES OF THE CITY OF CORPUS CHRISTI. TO OBTAIN SAID PERMIT, THE APPLICANT SHALL COMPLY WITH THE REQUIREMENTS PERTAINING TO WATERCRAFT IN GENERAL, AND IN ADDI- TION THERETO, SHALL HAVE SAID CRAFT SO CONSTRUCTED AND OPERATED AS TO EMIT OR CREATE NO TASTE, ODOR OR CHEMICAL CHANGE IN THE WATER OR ANY PART THEREOF AND/OR CAUSE ANY UNUSUAL TURBIDITY THEREOF. UPON MAKING APPLICATION FOR A CRAFT SO CONSTRUCTED AND OPERATED, A PERMIT SHALL BE ISSUED BY SAID SUPERINTENDENT, SUBJECT TO REVOCATION IN THE EVENT SAID CRAFT CREATES ANY NAVIGATIONAL HAZARD OR CREATES ANY TASTE, ODOR OR CHEMICAL CONDITION TO ANY EXTENT AFFECTING THE NORMAL OPERATION OF SAID WATER RESERVOIR AS A SOURCE OF WATER FOR THE PUBLIC UTILITIES SYSTEM OF THE CITY OF CORPUS CHRISTI. "SECTION 9 -83. DISPLAY OF PERMIT - FEE. "ANY PERMIT REQUIRED IN EITHER OF THE TWO PRECEDING ARTICLES SHALL WHEN ISSUED, BE CONSPICUOUSLY DISPLAYED ON THE FRONT OF THE -2- .(1) THERE SHALL BE NO INTERFERENCE WITH NAVIGATION; (2) THERE SHALL BE NO MENACE OR HAZARDS TO PROPERTY; (3) IN NO EVENT SHALL SPOIL BE DEPOSITED WITHIN ANY AREA THE NATURAL ELEVATION OF WHICH IS 94 FEET ABOVE MEAN SEA LEVEL AS DETERMINED,FROM THE UNITED STATES COAST AND GEODETIC SURVEY BENCH MARK NUMBER K -334, LOCATED AT OR NEAR SANDIA, TEXAS (4) THE OPERATION SHALL NOT CREATE ANY TASTES ODORS DIS- SOLVED CHEMICAL,OIL OR TURBIDITY CHANGE IN THE LAKE TO THE EXTENT THAT IT WILL INTERFERE IN ANY MANNER WITH THE ORDINARY OPERATION OF THE LAKE AS A WATER RESERVOIR FOR THE CITY WATER SYSTEM; (5) ALL DREDGES AND OTHER WATERCRAFT SHALL COMPLY WITH RULES AND REGULATIONS PERTAINING TO THE OPERATION OF SAME ON NAVIGABLE WATERS AS SET OUT IN PART 80.20, 80.21, 80.22 AND 80.23 OF THE RULES OF THE ROADS C.G. BULLETIN 169, MAY 1, 1959, UNITED STATES COAST GUARD. "SECTION 9 -82. OPERATION OF BARGES, DREDGES AND/OR FERRIES. "IT SHALL BE UNLAWFUL FOR ANY PERSON TO OPERATE ANY BARGE DREDGE OR FERRY WITHOUT FIRST OBTAINING A PERMIT FROM THE SUPERINTENDENT OF THE WATER DIVISION OF THE DEPARTMENT OF PUBLIC UTILITIES OF THE CITY OF CORPUS CHRISTI. TO OBTAIN SAID PERMIT, THE APPLICANT SHALL COMPLY WITH THE REQUIREMENTS PERTAINING TO WATERCRAFT IN GENERAL, AND IN ADDI- TION THERETO, SHALL HAVE SAID CRAFT SO CONSTRUCTED AND OPERATED AS TO EMIT OR CREATE NO TASTE, ODOR OR CHEMICAL CHANGE IN THE WATER OR ANY PART THEREOF AND/OR CAUSE ANY UNUSUAL TURBIDITY THEREOF. UPON MAKING APPLICATION FOR A CRAFT SO CONSTRUCTED AND OPERATED, A PERMIT SHALL BE ISSUED BY SAID SUPERINTENDENT, SUBJECT TO REVOCATION IN THE EVENT SAID CRAFT CREATES ANY NAVIGATIONAL HAZARD OR CREATES ANY TASTE, ODOR OR CHEMICAL CONDITION TO ANY EXTENT AFFECTING THE NORMAL OPERATION OF SAID WATER RESERVOIR AS A SOURCE OF WATER FOR THE PUBLIC UTILITIES SYSTEM OF THE CITY OF CORPUS CHRISTI. "SECTION 9 -83. DISPLAY OF PERMIT - FEE. "ANY PERMIT REQUIRED IN EITHER OF THE TWO PRECEDING ARTICLES SHALL WHEN ISSUED, BE CONSPICUOUSLY DISPLAYED ON THE FRONT OF THE -2- CABIN OF ANY WATERCRAFT OR OTHERWISE VISIBLE FROM THE PROW OF THE VESSEL IF NO CABIN EXISTS. A FEE OF $5.00 SHALL BE PAID TO OBTAIN ANY PERMIT. ALL PERMITS SHALL BE FOR A TERM OF ONE CALENDAR YEAR AND IN THE EVENT APPLICATION IS MADE AFTER JANUARY 1 OF ANY CALENDAR YEAR, OTHER THAN A RENEWAL OF AN EXISTING PERMIT, THE FEE SHALL BE PRORATED ON THE BASIS OF $3.00 FOR AN UNEXPIRED PERIOD OF A CALENDAR YEAR OF SIX MONTHS OR LESS; OTHERWISE THE FEE FOR THE ENTIRE YEAR SHALL BE PAYABLE." SECTION 2. IF FOR ANY REASON, ANY SECTION, PARAGRAPH, SUB- DIVISION, CLAUSE, PHRASE, OR PROVISION OF THIS ORDINANCE SHALL BE HELD INVALID, IT SHALL NOT AFFECT ANY VALID PROVISIONS OF THIS OR ANY OTHER ORDINANCE OF THE CITY OF CORPUS CHRISTI TO WHICH THESE RULES AND REGULATIONS RELATE. SECTION 3. PUBLICATION SHALL BE MADE IN THE OFFICIAL PUBLI- CATION OF THE CITY OF CORPUS CHRISTI, ONE TIME, WHICH PUBLICATION SHALL CONTAIN THE CAPTION STATING IN SUBSTANCE THE PURPOSE OF THE ORDINANCE. SECTION 4. THE NECESSITY TO MAKE THE AFORESAID AMENDMENTS TO THE CITY CODE AS PROMPTLY AS POSSIBLE CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF-THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH PUBLIC EMERGENCY AND NECESSITY EXIST, AND HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED, AND TiAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE AND PueLlcA IoN, IT IS ACCORDINGLY SO ORDAINED, THIS THE / y— oAY of �-w- 1962. ATTES / J�MAYOR THE CITY OF CORPUS CHRISTI, AS CI SECRETARY APPROVED AS TO LEGALIORM THIS _DAY OF )2,V, , 1962: CITY ATI'ORNE • CORPUS CHRISTI TEXAS DAY OF TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: BEN F. MCDONALO TOM R. SWANTNER DR. JAMES L. BARNARD JOSE R. DELEON M. P. W LDONADO W. J. ROBERTS JAMES H. YOUNG THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWIN VOTE: BEN F. MCDONALD TOM R. SWANTNER I DR. JAMES L. BARNARD JOSE R. DELEON M. P. MA LDONADO W. J. ROBERTS JAMES H. YOUNG -