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HomeMy WebLinkAbout028540 ORD - 03/30/2010Page 1 of 3 ORDINANCE AMENDING SECTION 33-16, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, TO ALLOW PARKING ON THE SEAWALL PARKING LOT ON WINDWARD DRIVE WHEN ANY PORTION OF BEACH SEAWARD OF THE CONCRETE PORTION OF THE PADRE ISLAND SEAWALL IS CLOSED TO VEHICULAR TRAFFIC; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 33-16(d), Code of Ordinances, is revised to read as follows: "Sec. 33-16. Seawall Parking Lot on Windward Drive parking 101 hours of operation. "(a) In this section, Seawall Parking Lot on Windward Drive parking -let -means the City of Corpus Christi parking lot that is adiacent to the Padre Island concrete seawall, and is located in the 14900 block of Windward Drive. "(b) A person commits an offense if he enters or remains on the Seawall Parking Lot on Windward Drive parking lot from midnight to 6:00 a.m. "(c) A person commits an offense if he allows a vehicle under his control to remain on the Seawall Parking Lot on Windward Drive -lot from midnight to 6:00 a.m. "(d) It is an affirmative defense to prosecution under this section that the person: "(1) Was a government employee in performance of official duties at the time the person entered or remained on the Seawall Parking Lot on Windward Drive -par -king -let; "(2) Entered or remained on the Seawall Parking Lot on Windward Drive parking -let -because of an emergency which affected the physical well- being or property interests of himself or another; or "(3) Entered or remained on the Seawall Parking Lot on Windward Drive parking -lot at the direction of a peace officer. "(4) Entered, remained, or allowed a vehicle under his control to remain on the Seawall Parking Lot on Windward Drive when any portion of the Gulf of Mexico beach seaward of the concrete portion of the Padre Island seawall is closed to vehicular traffic." 028540 SEAWALL PARKING LOT CURFEW -- 03042010 INDEXED Page 2of3 SECTION 2. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1-6 of the City Code of Ordinances. SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 5. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance i ssed and takes effect upon f t eadi% as an emergency measure on this the day of �- ,2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: March 4, 2010 R. J. eining Fi st Assistant City Attorney For City Attorney SEAWALL PARKING LOT CURFEW -- 03042010 Mayor �am Joe e Page 3 of 3 Corpus Christi, Texas ay of , 2010 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, 4deduoge- Joe t tame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott 02854C SEAWALL PARKING LOT CURFEW -- 03042010 State of Texas County of Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5936302 PO # Before me, the undersigned, a Notary Public, this day personally came GEORGIA LAWSON, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHER, namely, the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE NO. 02854 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 4/5/2010, 4/5/2010. $ 88.02 >c__All) CLQ LEGAL SALES REPRESENTIVE 1Time(s) On this ay of , 20101 certify that the attached document is a true and an exact cop made by pablisher. Notary' Public, State of Texas 4E » April 5, 2010 » CALLER TIMES Legzi Notices 1110 NOTICE PASSAGE OF ORDINANCE NO. 028540.., Amending Sec. 33-16, Code of Ord., City of Corpus Chris- ti, to allow parking on the Seawall Parking Lot on Windward Dr. when any portion of beach seawardof the concrete portion of the Padre Island Seawall is closed to vehicular traffic. This ordinance was passed and approved on March 30, 2010. /s/Armando Chapa City Secretary ■