Loading...
HomeMy WebLinkAbout06822 ORD - 02/20/1963f >t • IMS:JKH:2 -15 -63 • AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED BY ORDINANCE NO. 6692, PASSED AND APPROVED ON THE 14TH DAY OF NOVEMBER, 1962, SO AS TO REGULATE OPERATIONS OF DREDGES AND OTHER EXCAVATION ACTIVITIES ON LAKE CORPUS CHRISTI AND ESTABLISHING A PROCEDURE FOR OB- TAINING PERMIT; 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 AMENDING SUBPARAGRAPH (3) OF PARAGRAPH °A ", SECTION 9 -81, SO AS TO HEREAFTER READ AS FOLLOWS: "SECTION 9 -81. PROTECTION OF LAKE AREA WITHIN 94 -FOOT CONTOUR LINE. A. (3) A PERMIT MAY BE ISSUED FOR THE SPOIL TO BE DEPOSITED WITHIN ANY AREA THE NATURAL ELEVATION OF WHICH IS BELOW 94 FEET MEAN SEA LEVEL AS DETERMINED FROM U.S.C.&.G.S. BENCH MARK N0. K -334, LOCATED NEAR OR AT SANDIA, TEXAS, ONLY UNDER THE CONDITIONS (A), (B), (C), (D) AND (E), OR UNDER THE PROVISIONS OF (F)2 (A) SUCH DEPOSITION AND ANY AND ALL PLACING OF ANY IMPROVEMENT ON THE SPOIL AREA SHALL BE WITHOUT PREJUDICE TO THE DISTRICT'S OR CITY'S RIGHT IN THE EASEMENT OBTAINED BY THE DISTRICT AFFECTING THE AREA COVERED BY ANY SUCH EASEMENT AND WITHOUT ANY LIMITATION OF THIS PROVISION, IT SHALL NOT AFFECT THE RIGHT OF THE DISTRICT OR THE CITY TO INUNDATE THE AREA COVERED BY SUCH EASEMENT AS ORIGINALLY OBTAINED. (B) THAT THE APPLICATION FOR A PERMIT DELINEATE BY METES AND BOUNDS THE 94-FOOT CONTOUR FOLLOWING AS CLOSE AS POSSIBLE THE MEANDERS OF THE 94 -FOOT CONTOUR LINE AS SHOWN ON THE TRACT PLAT, WHICH IS -A PART OF THE EASEMENT G822 CONVEYED TO THE DISTRICT, AND HAVE ATTACHED TO SUCH APPLICA- TION A COPY OF PLANS AND SPECIFICATIONS PREPARED AND CERTI- FIED BY A REGISTERED PROFESSIONAL ENGINEER SHOWING THE PROPOSED IMPROVEMENTS, THE EXACT LOCATION OF THE AREA TO BE DREDGED ANDTHE AREA TO BE USED FOR SPOIL DEPOSITION. THE APPLICATION SHALL BE ACCOMPANIED BY A SHOWING OF BORING OR OTHER TESTS ESTABLISHING THAT THE PROPOSED DREDGING OR EXCAVATION WILL NOT PROBABLY RESULT IN ANY INFLOW OF ANY SALT WATER OR OTHER POLLUTION SUBSTANCES AND THAT NO SEEPAGE WILL RESULT FROM THE DREDGING OR EXCAVATION. (C) A RELEASE FROM THE FEE OWNER OF THE LAND WHICH WOULD RELEASE THE DISTRICT AND THE CITY OF CORPUS CHRISTI FROM DAMAGES OF EVERY KIND AND CHARACTER WHICH MIGHT ACCRUE BY REASON OF IMPROVEMENTS CONTEMPLATED TO THE LAND OWNER ON ALL AREAS WHICH BEFORE DEPOSITING SPOIL OR OTHER FILL MATERIAL IS OR WAS BELOW THE 94 -FOOT CONTOUR LINE FOR ANY PRESENT OR FUTURE FLOODING OF SUCH LAND BROUGHT ABOUT BY THE RAISING OF THE LAKE LEVEL ABOVE ELEVATION 94 FEET. (D) A DETERMINATION ON THE PART OF THE DISTRICT AND THE CITY OF CORPUS CHRISTI, ACTING THROUGH THEIR RESPECTIVE ENGINEERS AND AT THEIR SOLE DISCRETION, THAT SUCH MODIFI- CATION IN THE LAND GRADE BELOW THE 94 -FOOT CONTOUR LINE WOULD NOT BE ADVERSE TO THE INTEREST OF EITHER OF THESE TWO POLITICAL SUBDIVISIONS. (E) THE APPLICATION SHALL CONTAIN AN AGREEMENT AS A COVE- NANT RUNNING WITH THE LAND IMPROVED, THAT ALL AD VALOREM TAXES ASSESSED BY REASON OF THE WORK OR IMPROVEMENT WILL BE PAID BY THE LANDOWNER. (F) IN ACCORDANCE WITH THE PROVISIONS OF ANY WRITTEN AGREE- MENT BETWEEN THE LOWER NUECES RIVER WATER SUPPLY DISTRICT) THE CITY AND THE PERMITTEE." SECTION 2. IF FOR ANY REASON, ANY SECTION, PARAGRAPH, SUBDIVISIONp CLAUSE, PHRASE OR PROVISION OF THIS ORDINANCE SHALL BE HELD INVALID, IT SHALL NOT AFFECT ANY VALID PROVISION OF THIS OR ANY OTHER ORDINANCE OF THE CITY OF CORPUS CHRISTI TO WHICH THESE RULES AND REGULATIONS RELATE. -2- Y A 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 ORDINA¢E 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 THATTHIS 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 PUBLICATION, IT IS ACCORDINGLY SO ORDAINED, THIS THE ;� © DAY OF FEBRUARY, 1963. u•' ATTEST: MAYOR i THE CITY OF CORPUS CHRISTI EXAS f CITY SECRETARY APPROVED AS TO LEGAL FORM THIS DAY OF FEBRUARY, 1963: CITY ATTORNEY TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS • CORPUS CHRISTI ^TEXAS _ZLBAy OF / 19Lj FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCES 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 HE READ AT THREE MEETINGS OF THE CITY COUNCIL,, I', THEREFOREp 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,TE S THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: BEN F. MCDONALD TOM R. SWAN TNER i DR. JAMES L. BARNARD JOSE R. DELEON `{ M. P. MALDONADO W. J. ROBERTS +,C JAMES H. YOUNG / THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWI Q VOTE: BEN F. MCDONALD Tom R. SWANTNER DR. JAMES L. BAI JOSE R. DELEDN M. P. MALDONADO W. J. ROBERTS INARD 4' JAMES H. YOUNG K �LL,� • • ORDINANCE N0. AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED BY ORDINANCE NO. 6692, PASSED AND APPROVED ON THE 14TH DAY OF NOVEMBER, 1962, SO AS TO REGULATE OPERATIONS OF DREDGES I AND OTHER EXCAVATION ACTIVITIES ON =1 LAKE CORPUS CHRISTI AND ESTABLISHING A PROCEDURE FOR OBTAINING PERMIT; PROVIDING A SAVINGS CLAUSE; PRO- o 1 VIDING FOR PUBLICATION; AND DECLARING 3.. r z AN EMERGENCY. v�m I v � s n 7: ran N i • • CITY CORPUS CHRISTI LEGAL DEPARTMENT