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HomeMy WebLinkAbout09973 ORD - 10/28/1970• 10/28/70:e • AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE OF ORDINANCES AS AMENDED, PARTICULARLY AMENDING SECTION 39 -8, PERMITTING DUCK HUNTING IN THE LAGUNA MADRE AND PROVIDING FOR EXCEPTIONS FOR THE DISCHARGING OF FIREARMS WITHIN THE CORPORATE LIMITS OF THE CITY; PROVIDING SEVERABILITY; PRO- VIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the City of Corpus Christi, Texas is bringing within its corporate limits of the City certain portions of the Laguna Madre which have heretofore been used as duck hunting areas; and WHEREAS, the City Council finds that said areas as hereinafter described are different in the uses made thereof, the physical configuration and in other pertinent respects from other water areas within the present corporate limits of the City; and WHEREAS, it is the finding of the City Council that the continuation of duck hunting within the afo said Laguna Madre is in the public interest; and WHEREAS, it is the finding of th i y Council that such duck hunting should be permit d o continue after annexation within and without the Citl p li ' s by endment of the Corpus Christi City Code of Ordina es, ended, Section 39 -8: NOW, T FORE BE T O AINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRIS I, TE SECTION Tha ereinafter Section 39 -8 of the Corpus Christi Ci Code f Or 'nances, as amended, shall read as follows: " c. 39 8. Discharging firearms prohibited. It hal be unlawful for any unauthorized person to fire or discharge any gun, pistol, rifle or other firearm of any de- scription from without the corporate limits of the city and permit any shot, projectile, B -B's, slugs or ammunition to fall within the corporate limits of the city. Hunting and the unauthorized discharge of firearms of any description outside of the city limits and within four hundred feet of the city limits or the firing out- side of the city limits and permitting the projectile to fall with- in the city limits is hereby declared a nuisance and is prohibited; 973 3 provided, however, that duck hunting within the lawful seasons and during the times prescribed by the Legislature of the State of Texas, subject to the rules and regulations of State agencies of appropriate jurisdiction, and the discharge of firearms, subject to such State law, rules and regulations, shall be permitted within the corporate limits of the City in the following described areas and portions of the Laguna Madre: -2- • • DUCK HUNTING DESCRIPTION IN LAGUNA MADRE BE AT A POINT IN THE NORTHEAST BOUNDARY LINE OF STATE TRACT NO. 6, SAID POINT BEING 400.0 FEET SOUTHEAST FROM THE WEST SHORE OF LAGUNA MADRE AT MEAN HIGH TIDE; _ THENCE IN A SOUTHEASTERLY DIRECTION WITH THE NORTHEAST BOUNDARY LINE OF STATE TRACTS N0. 6 AND 35 AND ITS EXTENSION, ACROSS STATE TRACTS NO. 40, 41, 54 AND 55 TO A POINT THAT IS 400.0 FEET NORTHWEST FROM THE EAST SHORE OF LAGUNA MADRE AT MEAN HIGH TIDE; ' THENCE IN A SOUTHEASTERLY DIRECTION WITH A LINE THAT IS PARALLEL TO AND 400.0 FEET WEST OF THE EAST SHORE OF SAID LAGUNA MADRE AT MEAN HIGH TIDE TO ITS INTER- SECTION WITH THE NORTHEAST BOUNDARY LINE OF STATE TRACT N0. 56; THENCE IN A NORTHWESTERLY DIRECTION WITH THE NORTHEAST BOUNDARY LINE OF SAID STATE TRACT N0. 56 TO ITS NORTH CORNER; THENCE IN A SOUTHWESTERLY DIRECTION WITH THE COMMON BOUNDARY LINE OF STATE TRACTS 56 AND 57, AND THE COMMON BOUNDARY LINE BETWEEN STATE TRACTS NO. 59 AND 58 TO A POINT 400.0 FEET NORTHEAST OF THE SHORE OF LAGUNA MADRE AT MEAN HIGH TIDE; THENCE IN A GENERAL SOUTHWESTERLY DIRECTION WIT+I A LINE THAT IS 400 FEET OFF THE EAST SHORE OF LAGUNA MADRE AT MEAN HIGH TIDE TO ITS INTERSECTION WITH THE SOUTHEAST BOUNDARY OF SAID STATE TRACT NO. 58; THENCE IN A SOUTHWESTERLY DIRECTION WITH THE COMMON BOUNDARY LINE OF STATE TRACTS 58 AND 60 AND BETWEEN 60 AND 61 TO A POINT THAT IS 400.0 FEET NORTHEAST OF THE SHORE OF LAGUNA MADRE AT HIGH TIDE; THENCE IN A GENERAL SOUTHWESTERLY DIRECTION WITH A LINE THAT IS 400 FEET OFF THE EAST SHORE OF LAGUNA MADRE AT MEAN HIGH TIDE TO ITS INTERSECTION WITH THE NORTHEAST RIGHT OF WAY LINE OF THE JOHN F. KENNEDY CAUSEWAY; THENCE IN A NORTHWESTERLY DIRECTION WITH THE NORTHEAST RIGHT OF WAY LINE OF SAID JOHN F. KENNEDY CAUSEWAY TO A POINT OPPOSITE AND NORTH OF THE PADRE. ISLAND INVESTMENT COMPANY WEST LEASE LINE IN STATE TRACT NO. 50; THENCE IN A SOUTHWESTERLY DIRECTION ACROSS THE JOHN F. KENNEDY CAUSEWAY WITH THE NORTHERN EXTENSION OF THE SAID WEST LEASE LINE AND THEN WITH THE SAID PADRE ISLAND INVESTMENT COMPANY WEST LEASE LINE AND ITS MEANDERS TO THE MOST WESTERLY CORNER OF THE PADRE ISLAND INVESTMENT COMPANY TRACT; THENCE IN A SOUTHEASTERLY DIRECTION TO THE NORTH CORNER OF STATE TRACT NO. 174; THENCE IN A SOUTHEASTERLY DIRECTION WITH THE NORTHEAST BOUNDARY LINE OF STATE TRACT N0. 174 TO A POINT THAT IS 400 FEET OFF THE EAST SHORE OF LAGUNA MADRE AT MEAN HIGH TIDE; THENCE IN A GENERAL SOUTHEASTERLY DIRECTION WITH A LINE THAT IS 400 FEET NORTHWEST OF AND PARALLEL TO THE MEANDERS OF THE EAST SHORE OF LAGUNA MADRE AT MEAN HIGH TIDE TO A POINT THAT IS FIVE (5) MILES FROM THE MOST SOUTHERLY ESTABLISHED CORNER OF THE PRESENT CITY LIMIT LINE ON THE WEST SHORE OF LAGUNA MADRE, WHICH POINT OF CITY LIMIT IS THE INTERSECTION OF THE KING RANCH FENCE WITH THE WEST SHORE LINE OF LAGUNA MADRE; THENCE IN A NORTHWESTERLY DIRECTION ACROSS LAGUNA MADRE AND IN A STRAIGHT LINE TO A POINT THAT IS 400 FEET SOUTHEAST OF THE INTERSECTION OF THE NUECES- KLEBERG COUNTY LINE WITH THE WEST SHORE OF SAID LAGUNA MADRE AT MEAN HIGH TIDE; THENCE IN A GENERAL NORTH- NORTHEASTERLY DIRECTION WITH A LINE THAT IS 400 FEET SOUTHEAST OF LAGUNA MADRE's WESTERN SHORE AT MEAN HIGH TIDE TO THE POINT OF BEGINNING. CITY OF CORPUS CHRISTI, TEXAS +Be November 4, 1970 JACK R. BLACKMON MAYOR My fellow Members of the City Council: I return this ordinance without my signature and, accordingly, I veto the some for the reason that passage of this ordinance was to be conditioned on passage of Ordinance No. 9968. Since that ordinance has been vetoed and the veto has not been overturned, this ordinance, in my opinion, is premature. Sincerely, ae R. Blackmon J RB /pm AND FURTHER PROVIDED THAT, AS TO THOSE AREAS BOUNDED BY THE AFORESAID DESCRIP- TION RESERVED FOR THE CREATION OF ARTICLE 970A INDUSTRIAL DISTRICTS AS THE PERIMETERS OF THE SAME ARE DESCRIBED BY ORDINANCE NO. OF THE CITY OF CO1R1��,,P,,,,U,,S CHRISTI, TEXAS, HUNTING AND DISCHARGE OF FIREARMS SHALL BE PERMITTED YW FEET INSIDE THE PERIMETERS OF SAID RESERVED AREAS, AS WELL AS THROUGHOUT THE RESERVED AREAS SO BOUNDED. SECTION 2. IF FOR ANY REASON ANY SECTION, PARAGRAPH, 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 A THESE RULES AND REGULATIONS RELATE. SECTION 3. PUBLICATION SHALL BE MADE ONE TIME IN THE OFFICIAL PUB- LICATION OF THE CITY OF CORPUS CHRISTI, WHICH PUBLICATION SHALL CONTAIN THE CAPTION STATING IN SUBSTANCE THE PURPOSE OF THE ORDINANCE. SECTION 4. THE NECESSITY TO AMEND THE CORPUS CHRISTI CITY CODE AS HEREINABOVE PROVIDED CREATES A PUBLIC EMERGENCY AND IMPERATIVE PUBLIC NECES- SITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLU- TION 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 ORDI- NANCE 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 28TH DAY OF OCTOBER, 1970. ATTEST: CITY SECRETARY MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: 28TH DAY OF OCTOBER, 1970: CITY ATTORNEY Corpus Christi, Texas o &_day of , 19 70 TO TILE YL 21DERS OF THE 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, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jack R. Blackmon Cabe Lozano, Sr. V. A. "Dicld'Bradley, Jr. Eduardo E. de Ases Ken McDaniel e/ W. J. "Wrangler" Roberts Ronnie Sizemore The above ordinance was passed by the foll caing vote: Jack R. Blackmon f Cabe Lozano, Sr. V. A. "Dick" Bradley, Jr. e Eduardo E. de Ases Ken McDaniel W. J. ',Wrangler" Roberts ( �� Ronnie Sizemore PUBLISHER'S AFFIDAVIT STATE OF TEAS, County of Nueces.' 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 i C 1 a a a i f t a ra Mn na ge *� _ of the Corpus Christi Caller and The Corpus Christi Times, i Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of Legal Notice - -- NOTICE OP PASSAGE OF ORDINANCE NO 9973 of which the annexed is a true copy, was published in _ - t he T ime a on the 31 day of_ Oc to bar 1 Times. " aLA" - end G. Barnet, 1. Adv. ME Subscribed and sworn to before me this_: 11 A of _ 19. 70 Louise Vick otary Public. Nueces County. Texas ING DE. pa59age ally puallaarlart, o ihal a oenaily for vla.'ailon shall ba o Plne or of exaaatling Two Hun dretl ($!00.00) Dollars. ISSUED UNDER MY HAND AND SEAL of the Clly of Carpus Christi, Tcxos, this 291h coy of D_tohor, 1970. BILL G. Asslsiant Cty SaarRelory City of Corpus Chr Is11, Texas