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Home My WebLink About09736 ORD - 05/06/19704/3/70:E AN ORDINANCE AMENDING SECTION 6, ORDINANCE NO. 8779, PASSED FEBRUARY 28, 1968, AND THE CITY CODE OF ORDINANCES; DEFINING TERMS; ALLOCATING TO THE DIRECTOR OF THE MARINA DEPARTMENT ALL SUPERVISION FORMERLY VESTED IN THE PARK BOARD AND THE PARK AND RECREATION DEPART- MENT OVER THE MARINA, INCLUDING THE AREAS, CENTERS, GROUNDS, T- HEADS, L -HEAD, AND THE BARGE AND BOAT DOCKS; RE- DEFINING THE JURISDICTION OF THE MARINA BOARD; SPECIALLY REPEALING ORDINANCE NO. 2555 AND ABOLISHING THE BAYFRONT ADVISORY BOARD; ABOLISHING THE MARINA EXPEDITING COMMITTEE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY. WHEREAS, THE CITY COUNCIL FINDS THAT THERE IS A NEED TO FURTHER CLARIFY THE COUNCIL'S WILL REGARDING THE SUPERINTENDENCE AND STUDY OF THE COMMONLY CALLED " BAYFRONT AREA ", THE CITY'S BAYFRONT PROPERTY, THE MARINAS, AND RELATED LOCALES; AND WHEREAS, IT IS DEEMED ADVISABLE AND PROPER TO FURTHER DEFINE THE JURISDICTION, POWERS AND DUTIES OF EXTANT COUNCIL- CREATED BODIES CHARGED WITH RESPONSIBILITY FOR THE COMMONLY CALLED " BAYFRONT AREA ": NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. DEFINITION OF TERMS. A. " BAYFRONT AREA ". THE LANDS AND WATERS WITHIN THE CITY LIMITS INCLUDED BETWEEN THE EXTREME INLAND PROPERTY LINE OF ANY LOT OR TRACT ABUT- TING ON CORPUS CHRISTI BAY OR ON CAYO DEL OSO AND THE FARTHEST POINT OF ANY PIER, WHARF, BULKHEAD OR OTHER ARTIFICIAL STRUCTURE PROJECTING INTO CORPUS CHRISTI BAY OR THE CAYO DEL OSO. B. "WATERFRONT ". THE LANDS ABUTTING ON CORPUS CHRISTI BAY OR THE CAYO DEL OSO. C. "MARINA ". ALL STRUCTURES AND WATERS WITHIN THE AREA ENCLOSED BY THE BREAKWATER FRONTING EAST SHORELINE DRIVE FROM THE BREAKWATER TERMINUS AT SOUTH (MCGEE) BEACH TO ITS JUNCTION AT THE FOOT OF BREAKWATER AVENUE. THE MARINA INCLUDES THE AREAS, CENTERS, GROUNDS, "T" AND "L" HEADS, AND THE BARGE AND BOAT DOCKS. SECTION 2. MARINA BOARD JURISDICTION RE- DEFINED. ORDINANCE No. 8779, PASSED FEBRUARY 28, 1968, SECTION 4, SUBSEC- TION A THEREOF, IS HEREBY AMENDED TO READ AS FOLLOWS: 9736 "(1) THE MARINA BOARD SHALL INFORM ITSELF, AS TO MARINA AND BOATING INTERESTS, OF THE PROPERTY OF THE CITY OF CORPUS CHRISTI ON THE WATERFRONT OF CORPUS CHRISTI BAY AND THE CAYO DEL DSO, PARTICULARLY THAT EXTENDING FROM THE SHIP CHANNEL AT THE NUECES BAY CAUSEWAY TO THE MOUTH OF THE CAYO DEL DSO. THE BOARD SHALL FURTHER INFORM ITSELF OF OTHER BAYFRONT AREA PROPERTY, AS TO PHYSICAL CONDITION, OWNERSHIP, RELATION TO CITY BAYFRONT AREA PROPERTY, AND THE USE MADE THEREOF, AT SUCH TIMES AND PLACES AS THE BOARD DEEMS PROPER TO FACILITATE ITS STUDY OF THE CITY'S BAYFRONT AREA PROPERTIES. THE BOARD SHALL, FROM TIME TO TIME, REPORT THE CONDITION OF THE PROPERTIES SUBJECT TO ITS ADVISORY JURIS- DICTION WITH RECOMMENDATIONS TO THE CITY MANAGER AND THE CITY COUNCIL FOR THE MOST ADVANTAGEOUS USE OF THE BAYFRONT AREA AND SIMILARLY ADVISE AS TO APPROPRIATE REGULATION, MAINTENANCE AND IMPROVEMENT THEREOF. THE MARINA BOARD AND THE PARK AND RECREATION BOARD SHALL SUBMIT RECOMMENDATIONS TO THE CITY MANAGER AND CITY COUNCIL FROM TIME TO TIME CONCERNING THEIR JOINT ADVISORY PROBLEMS RELATING TO T -HEAD, L-HEAD AND BAYFRONT PARK AREAS, INCLUDING CONCESSIONS SITUATED THEREON. "(2) IT IS HEREBY SPECIFICALLY PROVIDED THAT THE MARINA BOARD SHALL BE ADVISORY ONLY, WHOLLY WITHOUT RULE- MAKING OR QUASI- JUDICIAL POWERS." SECTION 3. SUPERVISORY ALLOCATION TO THE DIRECTOR OF THE MARINA DEPARTMENT. ORDINANCE No. 8779, PASSED FEBRUARY 28, 1968, SECTION 6 THEREOF, IS HEREBY AMENDED TO READ AS FOLLOWS: "SECTION 2-35 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, IS HEREBY REPEALED. UNDER AUTHORITY OF SECTION 1 OF ARTICLE IV OF THE CITY CHARTER, FUNCTIONS HERETOFORE EXERCISED BY THE MARINA DIVISION OF THE PARK AND RECREATION DEPARTMENT, AND THE PROPERTIES UNDER ITS JURISDICTION ARE HEREBY TRANSFERRED TO THE JURISDICTION OF THE MARINA DEPARTMENT, WHICH IS HEREBY CREATED; PROVIDED, HOWEVER, THAT THE MARINA BOARD AND THE PARK AND RECREATION BOARD SHALL HAVE JOINT ADVISORY JURISDICTION OVER ANY PARK AREAS LOCATED ON THE T -HEADS OR L-HEAD OR ANY OTHER PARK LOCATED ON THE WATERFRONT OF CORPUS CHRISTI BAY THAT IS DIRECTLY RELATED TO BOTH MARINA AND RECREATION INTERESTS. IT IS FURTHER PROVIDED THAT THE PARK DIVISION, PARK AND RECREATION DEPARTMENT, SHALL CONTINUE MAINTENANCE OF ALL PARK AREAS LOCATED ON T -HEADS AND THE L -HEAD. THE DIRECTOR OF THE DEPARTMENT OF PARK AND RECREATION IS HEREBY DESIGNATED DIRECTOR OF THE MARINA DEPART- MENT AND THERE IS HEREBY ALLOCATED TO THE MARINA DEPARTMENT DIRECTOR ALL SUPERVISION FORMERLY VESTED IN THE PARK BOARD AND THE PARK AND RECREATION DEPARTMENT OVER THE MARINA, OTHER THAN AS SPECIFICALLY PROVIDED HEREIN." SECTION 4. REPEALING ORDINANCE 2555 AND ABOLISHING THE BAYFRONT ADVISORY BOARD. ORDINANCE No. 2555 AND ARTICLE II OF CHAPTER 9, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, TEXAS, ARE HEREBY REPEALED AND THE BAYFRONT ADVISORY BOARD IS HEREBY ABOLISHED. ALL POWERS, DUTIES, PROPERTY AND PAPERS OF THE BAYFRONT ADVISORY BOARD ARE HEREBY GRANTED TO THE MARINA BOARD. SECTION 5. ABOLISHING THE MARINA EXPEDITING COMMITTEE. THE MARINA EXPEDITING COMMITTEE, HERETOFORE CREATED BY THE MAYOR AND COUNCIL, IS HEREBY ABOLISHED AND ITS FUNCTION IS HEREBY ASSIGNED TO THE MARINA BOARD. SECTION 6. REPEALER. ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDI- NANCE ARE HEREBY REPEALED TO THE EXTENT OF SUCH CONFLICT ONLY. SECTION 7. SEVERABILITY. IF ANY PROVISION OF THIS ORDINANCE OR THE APPLICATION THEREOF TO ANY PERSON OR CIRCUMSTANCE IS HELD INVALID OR UNCONSTITUTIONAL BY FINAL JUDGMENT OF ANY COURT OF COMPETENT JURISDICTION, SUCH HOLDING SHALL NOT AFFECT ANY OTHER PROVISION OR APPLICATION OF THIS ORDINANCE, THE SAME BEING HEREBY DECLARED TO BE SEVERABLE, AND ALL SUCH REMAINING PORTIONS SHALL REMAIN IN FULL FORCE AND EFFECT. SECTION 8. THE NECESSITY FOR IMMEDIATE ACTION IN THE MATTERS COVERED BY THIS ORDINANCE CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDI- NANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEET- INGS 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 THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS -3- INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND //EFFECT FROM AND AFTER //� irs PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE J DAY OF MAY, 1970. ATTEST: CITYCRE e1- APPROVED: DAY OF MAY, 1970: R THE CITY OF CORPUS CHRISTI, TEXAS Corpus Christi, Texas 6 0) day of vA/� TO TUE lIENJ3ERS OF TUE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspen- sion 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, request that you suspend said Charter rule or requirement and pass this ordi- nance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, , 1974 THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: (2uh) Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick"Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore The above ordinance was passed by the following vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. `Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. 'Wrangler" Roberts Ronnie Sizemore