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Home My WebLink About10074 ORD - 01/13/1971vMP:1 /15/71 AN ORDINANCE DESIGNATING A CERTAIN 155 -ACRE TRACT BELONGING TO THE CITY OF CORPUS CHRISTI AND SITUATED WITHIN NUECES COUNTY, TEXAS, AS A WILDLIFE AND BIRD SANCTUARY AT THE 0. N. STEVENS WATER PLANT TRACT; ADOPTING CERTAIN REGULATIONS FOR THE PRESERVATION OF WILDLIFE ON DESIGNATED WILDLIFE AND BIRD SANCTUARIES; PROVIDING FOR PENALTIES OF NOT MORE THAN $200 FOR VIOLATION; PROVIDING FOR SEVERANCE; PRO- VIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, THE CITY OF CORPUS CHRISTI IS THE OWNER OF A TRACT OF LAND SITUATED IN NUECES COUNTY, TEXAS, AND BEING THAT PROPERTY AT THE 0. N. STEVENS WATER PLANT; AND ' WHEREAS, IT WILL NOT INTERFERE WITH THE USE OF SAID PROPERTY AS A PART OF THE FACILITIES OF THE WATER DIVISION OF THE DEPARTMENT OF PUBLIC UTILITIES OF THE CITY OF CORPUS CHRISTI TO PERMIT THE USE OF SAID PREMISES AND LAND AS A WILDLIFE SANCTUARY; AND WHEREAS, IT IS IN THE PUBLIC INTEREST TO BETTER CONSERVE THE SUPPLY OF WILDLIFE RESOURCES IN THE COUNTY OF NUECES TO THE END THAT THE MOST REASONABLE AND EQUITABLE PRIVILEGES MAY BE ENJOYED BY THE PEOPLE OF THIS AREA AND PROVIDE REGULATIONS WHICH WILL ELIMINATE SO FAR AS POSSIBLE • THE DEPLETION OR WASTE OF THE WILDLIFE RESOURCES IN SAID AREA: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY C' OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT SUBJECT TO THE FURTHER ORDER, REGULATION AND CONTROL BY THE CITY COUNCIL THERE IS HEREBY DESIGNATED AS A WILDLIFE AND BIRD SANCTUARY ALL OF THAT AREA OWNED BY THE CITY OF CORPUS CHRISTI, AND BEING A TRACT OR PARCEL OF LAND, CONSISTING OF 155.6 ACRES OF LAND, MORE OR LESS, AT OR NEAR THE 0. N. STEVENS WATER PLANT, PURCHASED IN OR ABOUT 1953; HOWEVER, THERE IS EXCEPTED FROM THE SAID SANCTUARY THE FENCED PORTION AROUND THE WATER TREATMENT PLANT PROPER. FOR GREATER CERTAINTY THE DESIGNA- TION HEREIN MADE IS DELINEATED IN BLACK AND YELLOW BOUNDARY LINES AND PERIMETERS ON THE ANNEXED EXHIBIT A, BY THIS REFERENCE INCORPORATED HEREIN FOR ALL PURPOSES, BEING PLAN NO. 5 STEVENS PLANT STORAGE. THERE IS PRESENTLY AN AGRICULTURAL LEASE COVERING 35 ACRES MORE OR LESS. SAID AGRICULTURAL LEASE IS THE CULTIVATED LAND ON THE WEST PORTION OF THE ENTIRE TRACT, AND 0074 THE CORPUS CHRISTI OUTDOOR CLUB' INC., OR ANY OTHER PERSON, FIRM' OR CORPORATION NOT DULY, EXPRESSLY AUTHORIZED BY THE CITY COUNCIL SO TO 00, SHALL NOT INTERFERE WITH THE LESSEE OR HIS AGRICULTURAL PROPERTIES. THIS DESIGNATION SHALL NOT PROHIBIT NOR PREVENT THE CONTINUED USE OF SAID LAND AS A PART OF FILTRATION PLANT OR AS A PART OF THE FACILI- TIES OF THE WATER DIVISION OF THE DEPARTMENT OF PUBLIC UTILITIES AND ANY OPERATIONS BY CITY EMPLOYEES IN DRAINING OR OTHERWISE USING SAID TRACT OF LAND BY SAID WATER DIVISION SHALL BE EXEMPT FROM THE PROVISIONS OF SECTION 2 OF THIS ORDINANCE. THE CITY WILL NOT BE REQUIRED TO FURNISH ADDITIONAL POLICE PATROL OR TO EXPAND ITS OPERATIONS OR WORKLOAD IN ORDER TO ENFORCE ANY NEW REQUIREMENTS. THE CITY MAINTAINS CERTAIN ROADWAYS AND CUTS GRASS IN AREAS AT THE SAID O. N. STEVENS PLANT FOR OPERATIONAL PURPOSES. THE CITY WILL CONTINUE THIS MAINTENANCE AND MAY EXPAND THE OPERATION TO NEW AREAS; HOW- EVER, ANY EXPANSION WILL BE MINIMIZED TO MAINTAIN A STATE OF NATURE WITHIN THE AREA PROPOSED TO BE DESIGNED AS A WILDLIFE SANCTUARY. THE USE OF THE LAND BY THE CLUB OR ITS DULY AUTHORIZED AGENTS, SHALL BE AS A WILDLIFE SANCTUARY ONLY. THE CLUB WILL MAINTAIN THE LAND IN A STATE OF NATURE AND NO BUILDINGS FENCES OR OTHER STRUCTURES WILL BE CONSTRUCTED ON THE LAND BY THE CLUB. ALL SANITARY REGULATIONS MUST BE OBSERVED BY ALL PARTIES INVOLVED AND ANY SANITARY FACILITIES MUST BE CONSTRUCTED IN ACCORDANCE WITH THE CITY'S REGULATIONS. THESE FACILITIES MUST BE APPROVED BY THE CITY PRIOR TO ANY CONSTRUCTION. SECTION 2. THE FOLLOWING REGULATIONS SHALL BE APPLICABLE TO THE AREA DESIGNATED IN SECTION 1 HEREOF AND IN ALL OTHER AREAS DESIGNATED BY THE CITY COUNCIL AS WILDLIFE AND BIRD SANCTUARIES, WHETHER WITHIN THE CITY LIMITS OF THE CITY OF CORPUS CHRISTI, OR OWNED BY THE CITY OF CORPUS CHRISTI WHETHER WITHIN THE CITY LIMITS OR OUTSIDE OF THE CITY LIMITS OF THE CITY: A. IT IS UNLAWFUL FOR ANY PERSON TO HUNT, TAKE, KILL OR POSSESS, OR ATTEMPT TO HUNT, TAKE OR KILL ANY BIRD OR ANIMAL WITHIN THE LIMITS OF ANY WILDLIFE AND BIRD SANCTUARY DESIGNATED AS SUCH -2- SANCTUARY BY THE CITY COUNCIL AT ANY TIME. B. IT IS UNLAWFUL FOR ANY PERSON TO DISTURB ANY NEST OR EGGS OF ANY BIRD ON ANY WILDLIFE AND BIRD SANCTUARY WITHIN THE CITY OF CORPUS CHRISTI. C. IT IS UNLAWFUL FOR ANY PERSON TO TAKE ANY FIREARMS, SLING- SHOT, BOW AND ARROW OR ANY DEVICE WHATEVER USEABLE FOR THE KILLING, TRAPPING OR TAKING OF ANY BIRD OR ANY OTHER WILDLIFE ON ANY WILDLIFE OR BIRD SANCTUARY WITHIN THE CITY. D. ANY PERSON FOUND GUILTY OF VIOLATION OF ANY OF THE THREE PRECEDING SUBSECTIONS, I.E. A., B., OR C., SHALL BE SUBJECT TO A FINE UPON FINAL CONVICTION IN THE MUNICIPAL COURT OF THE CITY OF NOT EXCEEDING TWO HUNDRED DOLLARS. SECTION 3. IF FOR ANY REASON ANY SECTION, PARAGRAPH, SUBDIVISION, CLAUSE, PHRASE, OR PROVISION OF THIS ORDINANCE SHALL BE HELD INVALID BY FINAL JUDGMENT OF A COURT OF COMPETENT JURISDICTION, 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 =4. PUBLICATION SHALL BE MADE ONE TIME IN THE OFFICIAL PUBLICATION OF THE CITY OF CORPUS CHRISTI, BY PUBLISHING THE CAPTION OF THIS ORDINANCE' STATING IN SUBSTANCE THE PURPOSE OF THE ORDINANCE. SECTION 5. THE NECESSITY FOR IMMEDIATE ADOPTION OF AN ORDINANCE TO PROTECT AND CONSERVE THE WILDLIFE RESOURCES WITHIN THE CITY OF CORPUS CHRISTI AND ON LAND AND PREMISES DESIGNATED AS WILDLIFE AND BIRD SANCTUARIES WITHIN THE CITY, OR ON LAND AREAS BELONGING TO THE CITY, 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 PUBLIC EMERGENCY AND NECESSITY TO EXIST, AND HAVING REQUESTED THE SUSPENSION OF SUCH CHARTER RULES AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE -3- • f AND EFFECT FROM AND AFTER ITS PASSAGE AND PUBLICATION, IT IS ACCORDINGLY SO ORDAINED THIS THE 13TH DAY OF JANUARY, 1971, ATTEST: zz/12� A/� l Aw-' CITY SECRE AR MAYOR peojen HR THE CITY OF CORPUS I I, TEXAS APPROVED: 13TH DAY OF JANUARY 1971: Cyty ATTORNEY Corpus Christi, exas /32bb ay o , 1971 TO THE MEMBERS 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 pgo.Terrs THE CITY OF The Charter rule was suspended by the following vote. Jack R. Blackmon ` Gabe Lozano, Sr. r/ V. A. "Dick" Bradley,�Jr. Eduardo E. de Ases Ken McDaniel k W. J. "Wrangler" Robert c Ronnie Sizemore / The above ordinance was passed by the V.wing : J ack R. Blackmon �L Gabe Lozano, Sr. ✓ V. A. "Dick" Bradley, X. Eduardo E. de Ases Ken McDaniel t W. J. "Wrangler" Robertd Ronnie Sizemore PUBLISHER'S AFFIDAVIT STATE OF TEXAS, County of Nueces. Before me, the undersigned, a Notary Public, this day personally came_......_ Leland G. Barnes Is the .... - Leland . ..... . .. _ who being first duly sworn, according to law, says that he .. . ....... –0 1.fLaM=P..d 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 r)P R91,qAGF OF 10 of which the Annexed is a true copy, was published in on the-12 day and)ORMMMh MOMMMutimm--.— —}_..._Times. Leland G. Barnes, Cl."Adv. Mgr. Subscribed and sworn to before me this-.–.._4d — Louise Vick 2i �Publi.. �u. C�o—tY. T� TIONS; PROVIDING FOR SEV. ERANCE;P R O V I Q I M G FOR PUBLICATION: AND DECLAR- ING AN EMERGENCY. WAS PASSED AND APPROVED Is Me CIty Council of }he Clay of Corpus Chris }I, during the Regular Coonall Meehng held January 13, 9471, at Q:00 p.m.. ana gravid Mat It shall I'll effect from mItl after Its pas - "IN fortivlalutlanl�Mal] b that a Ylneeof of eiceetling Tem JiuMreG (S70a.OD) Dollars. ISSUED UNDER MY HAND AND SEAL of the City of Corpus. Christi, Taxos, this 15th day of January, 1911. s- T. RAY KRING, City Secretary City of Corou9 Christi, Texas