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HomeMy WebLinkAbout09965 ORD - 10/21/1970JRR:BJw:10/20/70 AN ORDINANCE AMENDING ORDINANCE N0. 8294, GENERALLY REFERRED TO AS THE"BAY DRILLING ORDINANCE ", AS AMENDED, BY ADDING SUBSECTION 7.14 THERETO, TO REGULATE SEISMIC SURVEYS WITHIN THE WATER AREAS OF LAGUNA MADRE AND CORPUS CHRISTI BAY; PROVIDING A SEVERANCE 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 ORDINANCE N0. 8294, GENERALLY REFERRED TO AS THE "BAY DRILLING ORDINANCE ", AS AMENDED, BE AMENDED BY ADDING THERETO SUBSECTION 7.14, READING AS FOLLOWS: "7.14 SEISMIC SURVEYS. NO GEOPHYSICAL WORK WILL BE PERMITTED EXCEPT UPON PROPER APPLICATION AND THE PAYMENT OF A $IOQ OO APPLICATION FEE. A PROPER APPLICATION WILL INCLUDE THE FOLLOWING: A. LETTER OF APPLICATION REQUESTING A GEOPHYSICAL PERMIT. THE LETTER SHALL SET OUT THE SYSTEM TO BE EMPLOYED, WHEN IT IS INTENDED TO BEGIN THE WORK, AND ALSO THE ANTICIPATED DATE OF COMPLETION. A STATEMENT SHALL ALSO BE MADE RELIEVING THE CITY OF ANY LIABILITY FOR DAMAGES WHICH MAY RESULT FROM THAT OPERATION PERFORMED BY THE APPLICANT. B. THE LETTER OF APPLICATION SHALL BE ACCOMPANIED BY A COPY OF A VALID AND SUBSISTING PUBLIC LIABILITY INSURANCE POLICY. C. A PLAT OUTLINING THE AREAS PROPOSED TO BE COVERED BY THE SURVEY. WHEN THE ABOVE IS PROPERLY SUBMITTED THE SUPERINTENDENT MAY ISSUE A PERMIT TO THE APPLICANT TO CONDUCT SUCH SEISMIC OR GEOPHYSICAL WORK, IF BY HIS DETERMINATION, THIS WORK WILL NOT CREATE A PUBLIC NUISANCE NOR BE CONTRARY TO THE PUBLIC SAFETY. THE DETERMINATION SHALL INCLUDE THE CON- SIDERATION OF THE FOLLOWING FACTORS: (A) THE LOCATION OF THE POINT RELATIVE TO SURROUNDING IMPROVE- MENTS AND THE DISTANCE OF POINT OF EXPLORATION FROM THE NEAREST MEAN HIGH TIDE SHORELINE; (B) THE QUANTITY AND NATURE OF THE PROPOSED SEISMIC SURVEY TO BE USED IN IMPLEMENTING THE EXPLORATION; (C) THE DEPTH IN THE STRUCTURE FROM THE BAY BOTTOM AT WHICH THE SEISMIC SURVEY WILL BE OPERATIONAL; (D) THE PENDENCY OF OTHER ACTIVITIES IN THE BAY AT AND ADJACENT TO THE POINT OF EXPLORATION. 9965 . 1 • SECTION 2. IF FOR ANY REASON ANY SECTION, PARAGRAPH, SUBDIVISION, 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 ONE TIME IN THE OFFICIAL PUBLICATION OF THE CITY OF CORPUS CHRISTI, WHICH PUBLICATION SHALL CONTAIN THE CAPTION STATING IN SUBSTANCE THE PURPOSE OF THE ORDINANCE. SECTION 4. THE NECESSITY FOR THE CITY TO REGULATE SEISMIC OR GEOPHYSICAL WORK WITHIN THE WATER AREAS OF LAGUNA MADRE AND CORPUS CHRISTI BAY 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 SUCH EMERGENCY AND NECESSITY TO EXIST, AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT 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, IT IS ACCORDINGLY SO ORDAINED, THIS THE 4/ XtDAY OF �1 , 1970. ATTEST: CE LCI Y CRETARY APPROVED: .,/--v-DAY OF ®�dfz�ri_ 1970: �&Y ATTORNEY rTHE CITY OF CORPUS CHRISTI, TEXAS Corpus Chris ti,�T_e_x�a_s n AI Ltday of 02: ¢� , 197. TO THE IEINBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a_publi.c 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, YOR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jack R. Blackmon > Gabe Lozano, Sr. V. A. "DicV'Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore The above ordinance was passed by the fo owing vote: Jack R. Blackmon Gabe Lozano, Sr. V. A, "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. 'Wrangler" Roberts • Ronnie Sizemore r: PUBLISHER'S AFFIDAVIT STATE OF TEXAS, J,. County of Nuem. f ' L Before me, the undersigned, a Notary Public, this day personally came ........... Leland G. Barnes who being first duly sworn, according to law, says that he Is the Classified Manager of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of MDjMM.E,_.M 9965 of which the annexed is a true copy, was published in . ..... . on the.-2.&- day of----Qctob=-.-- 19-7.CL, sold-once-eattt.---tUeaeaLLev-fft--.--.— 3, —Times. Subscribed and sworn to before me Louise Vick &nd G. Barnes, Cl. Adv. M ttds--.2.g---2 ayv o U U 0 . r ,N& ary Public, Nueces County,- Wia-T- 14