HomeMy WebLinkAbout13374 ORD - 09/08/1976JKH:hb:8 /24/76:lst
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES, CITY OF COR-
CHRISTI, 1976 REVISION, BY AMENDING CHAPTER 12
BOATS, BAYS AND WATERWAYS, ARTICLE III. MIS-
CELLANEOUS REGULATIONS ON LAKE CORPUS CHRISTI
AND OTHER BODIES OF WATER DISCHARGING INTO
NUECES RIVER, BY AMENDING SECTIONS 12 -90, 12-
91, 12 -93, 12 -94, 12 -96 AND 12 -97; ADDING A
NEW SECTION TO BE NUMBERED 12 -106, TO PROVIDE
FOR ENFORCEMENT OF THE PROVISIONS OF SAID REG-
ULATIONS; PROVIDING FOR PENALTIES FOR VIOLATIONS;
PROVIDING FOR REPEAL OF ALL ORDINANCES IN CON-
FLICT HEREWITH; AND PROVIDING A SAVINGS CLAUSE.
WHEREAS, the City of Corpus Christi is the owner and
operator of a waterworks system for the supply of water to the
inhabitants and industries of the City of Corpus Christi and
surrounding area; and
N WHEREAS, the City of Corpus Christi is the owner
of all permits for the impounding of water on the Nueces
River under which permits the Wesley Seale Dam has been con-
structed at a point approximately 5 miles south of Mathis and
San Patricio"County, Texas, and thereby creating a reservoir
known as Lake Corpus Christi as a part of its municipal water-
works and water supply system; and
WHEREAS, the Lower Nueces River Water Supply District
owns easements over lands located within the reservoir basin
below the 94 -foot contour solely for the purpose of storing
water to be used for recreation, domestic and industrial
e
purposes; and
WHEREAS, the City of Corpus Christi is the owner of
permits permitting and authorizing the use of the bed and
banks of the Nueces River for the conduit of water from said
Lake Corpus Christi to the water treatment plant and pumping
station at Calallen, Texas; and
WHEREAS, it is necessary for the health and safety
of consumers of water and'protection of the public who might
desire to use the said Lake and /or Nueces River for recreation,
133'74 JUN 3 0-t
domestic and industrial purposes to regulate the use of said
Lake and stream and prohibit practices which might prove un-
healthy or unsafe and which might reasonably interfere with
the use of such Lake for its intended purposes, or which might
tend to contaminate the water supply of the City of Corpus
Christi:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF CORPUS CHRISTI; TEXAS:
SECTION 1. That the Code of Ordinances, City of
Corpus Christi, 1976 Revision, be and the same is hereby
amended by amending Chapter 12 Boats, Bays and Waterways,
Article III. Miscellaneous Regulations on Lake Corpus Christi
and Other Bodies of Water Discharging into Nueces River, by
amending Sections 12 -90, 12 -91, 12 -93, 12 -94, 12 -96, and 12-
97, to hereafter read as follows:
"Section 12 -90. DEFINITIONS AND GENERAL PROVISIONS:
The term "person" includes any individual, firm,
partnership, corporation, company, association, joint stock
association, or body politic, except the United States and
the State of Texas and includes any agent, trustee, executor,
receiver, assignee, or other similar representative thereof.
The term "watercraft" means any contrivance used
or designed for navigation on water.
The term "sailboat" means any watercraft propelled
by sail or canvas. For the purposes of this Article, any
watercraft propelled by both sail or canvas and machinery
of any sort shall be deemed a motorboat when being so pro-
pelled."
"Section 12 -91. SCOPE OF ARTICLE:
This Article shall cover the water reservoir herein -
above mentioned and herein referred to as Lake Corpus Christi
or stream, and including the bed and banks of the Nueces
River from the Lake to the Water Treatment Plant as well as
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the Creeks or streams discharging into said Nueces River so as
to prevent any discharge into said Lake or river of any sub-
stance which might affect the health of persons using such
water, and further, to prevent the existence of any dangerous
or unhealthful conditions by persons using the said Lake or
stream."
"Section 12 -93. ACTIVITIES PROHIBITED IN CERTAIN AREAS;
MARKING OF SUCH AREAS:
No swimming, fishing, boating, hunting, picnicking,
or other recreational activities will be permitted between
Wesley Seale Dam upstream to within 50 feet of the center line
of the Old Corpus Christi Dam or within a radius of fifty (50)
feet of any buoy. All restricted zones will be kept plainly
marked by the City of Corpus Christi at all times."
"Section 12 -94. SANITATION AND SEWAGE DISPOSAL
REQUIREMENTS GENERALLY:
(a) No outdoor privies, septic tanks,,or septic tank
drain fields will hereafter be permitted to be constructed
around Lake Corpus Christi within 75 feet measured along the
ground surface from elevation 94 feet mean sea level or within
75 feet of either bank of the Nueces River between Wesley Seale
Dam and the Calallen Dam.
(b) All habitations along the marginal lands adjacent
to Lake Corpus Christi shall be provided with a septic tank
having sufficient and properly constructed subsurface disposal
systems or shall be connected to a-public sewage system, and
shall have approved type toilets. All septic tank systems and
toilets shall be constructed and installed in accordance with
plans and specifications approved by the Texas State Department
of Health Resources.
(c) Pit privies are prohibited within 100 feet
as measured along the ground surface from the maximum high
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water mark of Lake Corpus Christi and the Nueces River between
Wesley Seale Dam and the Calallen Dam. Privies other than
those heretofore constructed must be approved by the Texas
State Department of Health Resources. Privies at the time of
erection must meet the following design, or the latest revision
thereof:
(1) The pit must be three and one -half feet
wide, three and one -half feet long, five
feet deep (measured from the highest point
of the pit bottom to the highest point on
the original ground surface), covered with
either a concrete slab or metal plate, or
their equivalent, and so located and
constructed that no surface water will
enter the pit by drainage or seepage or
any other manner.
(2) The entire structure must be fly proof.
(d) There shall be approved separate toilet facil-
ities for both sexes at commercial docks.
(e) No discharge of any liquid or other waste
material by any industry, governmental agency, person, firm,
corporation or manufacturing plant shall be made into the Lake,
the Nueces River, its tributaries or any creek or other stream
discharging into the Nueces River from the headwaters of the
City's reservoirs downstream without first securing the approval
of the State or Federal agency having jurisdiction over such
discharges.
(f) No dead animal, or any part thereof, fish,
decayed vegetables, food, ashes, garbage, offal, rubbish or
filth of any kind by which its decay or putrefaction could or
would become offensive, shall be placed or permitted to be
placed or situated in such a manner that it might drain into
the water impounded in the City's reservoirs of the Nueces
River that is being used to transport water from the reservoir
to the Water Treatment Plant at Calallen.
(g) No person shall construct, place or maintain
any filled area, enclosed structure, building, tank, fence,
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roadway or other improvement to real property on lands owned
or used by the Lower Nueces River Water Supply District to
store water at Lake Corpus Christi or over which the District
has obtained flood easements and on which taxes are not paid
by the District by virtue of the type use made of the land.
(h) No facility or structure of any kind shall be
placed, constructed or erected within Lake Corpus Christi
at any time without first obtaining a permit therefor from the
City of Corpus Christi and the Lower Nueces River Water Supply
District. Applications for such permits shall be filed with
the Water Superintendent of the City of Corpus Christi. Before
such a permit is issued hereunder, it must be first determined by
the City and the District that the proposed facility or
structure will not violate any ordinance, easement, governmental
rule or regulation and that the same will not constitute a
menace to navigation or to persons or property of others. At
the time the permit is requested the applicant must agree
to bind himself as well as the future owners of the land upon
which such facility or structure is to be erected to repair
or remove the same if requested to do so by the City or the
District.
(i) Only temporary docking facilities or structures
may be constructed or placed within Lake Corpus Christi and
these shall be limited to boat docks, ramps, slips and piers.
All piers and other docking facilities and structures shall
remain open with no enclosure over or around the same and they
shall never be designed nor altered in such a way as to serve
as a dwelling of any kind. Piers shall consist of uncovered
walkways or pilings of wood, metal or concrete and they may
be lighted and they may be equipped with mooring facilities.
(j) Except as otherwise provided herein, any use
of a facility or structure within Lake Corpus Christi legally
existing at the effective date of this ordinance may be
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continued as a nonconforming use although such use does not
conform to the other provisions hereof, provided however that
the right to continue such use as a nonconforming one shall
cease after a period of ten (10) years following the adoption
of this resolution by the Board and the City Council. In the
event the use ceases to exist or is abandoned for a period of
one (1) year, or if the same is damaged by any cause what-
soever to the extent of more than fifty percent (508) of the
physical reproduction cost of the structure or facility
immediately prior to damage, then the same shall not be con-
tinued nor restored except in conformity with all of the
requirements of this ordinance and with other applicable regu-
lations. Nothing to the contrary withstanding, the casual,
intermittent, temporary or illegal use of land, facilities
or structures shall never be sufficient to establish the
existence of a nonconforming use, and the existence of a non-
conforming use on the part of a tract, lot, facility or struc-
ture shall not be construed to establish a nonconforming use
on the entire tract, lot, facility or structure.
(k) Those persons planning to accomplish improve-
ments within Lake Corpus Christi, whether the same involves
dredging, discharging of dredged or fill material, erection of
piers, docks, boat ramps or slips, are reminded that in
addition to obtaining a permit therefor from the City of Corpus
Christi and the Lower Nueces River Water Supply District, it
may be necessary to obtain a permit from the United States
Corps of Engineers, 2000 North Shoreline, Corpus Christi,
Texas, 78401."
"Section 12 -96. HOUSEBOATS, ETC., PROHIBITED ON
LAKE CORPUS CHRISTI:
It shall be unlawful for any person to use or operate
on Lake Corpus Christi any boat, raft or other floating
device having overnight accommodations or toilet facilities.
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Houseboats and floating cabins are not permitted on the Lake."
"Section 12 -97. RULES AND REGULATIONS FOR OPERATION
OF WATERCRAFT GENERALLY:
(a) Any person who shall operate any watercraft on
the Lake beyond 300 feet from the water's edge in a careless
or heedless manner so as to be grossly indifferent to the person
or property of other persons, or at a rate of speed greater
than will permit him in the exercise of reasonable care to
bring the watercraft to a stop within the assured clear dis-
tance ahead, shall be guilty of the crime of careless operation.
Watercraft being operated within a distance of 300 feet from
the water's edge shall be operated at speeds not to exceed
eight (8) miles per hour.
(b) Any person who shall operate any watercraft in
such a manner as to endanger the life or limb, or damage the
property of any such person, shall be guilty of the crime of
reckless operation.
(c) No person shall operate any watercraft in a
manner which shall unreasonably or unnecessarily interfere
with other watercraft or with the free and proper navigation
of the waterways of the State. Anchoring under bridges or
in heavily traveled channels shall constitute such interference
if unreasonable under the prevailing circumstances.
(d) It shall be unlawful for the owner of any
watercraft or any person having such in charge or control to
authorize or knowingly permit the same to be operated by
any person who by reason of physical or mental disability is
incat)able of operating such watercraft under the prevailing
circumstances.
(e) The operator of any watercraft involved in
an accident resulting in injury or death to any person, or
in serious damage to property, shall immediately stop such
watercraft at the scene of such accident and shall give his
MG
name, address, the name and /or number of his watercraft, and
the name and address of the owner, to the person struck or the
operator or occupants of the watercraft collided with or proper-
ty damaged, and shall render to any person injured in such
accident reasonable assistance, and shall properly and promptly
report such accident to the nearest and most convenient law
enforcement agency or office.
(f) No watercraft shall be loaded with passengers
or cargo beyond its safe carrying capacity, taking into con-
sideration weather and other existing operating conditions.
(g) No watercraft shall be equipped with any motor
or other propulsion machinery beyond its safe power capacity,
taking into consideration the type and construction of such
watercraft and other existing operating conditions.
(h) No person operating a motorboat of 26 feet
or less in length shall allow any person to ride or sit on
either the starboard or port gunwales thereof or on the deck-
ing over the bow of the vessel while underway unless such
motorboat is provided with adequate guards or railing to prevent
passengers from falling o8rerboard. Nothing in this section
shall be construed to mean that passengers or other persons
aboard a motorboat cannot occupy the decking over the bow
of the boat to moor the watercraft to a mooring buoy or to
cast off from such a buoy, or for any other necessary purposes.
(i) No person shall operate a watercraft within a
water area which has been marked by buoys or some other dis-
tinguishing device as a bathing, swimming or otherwise re-
stricted area; provided, that this section shall not apply
to official patrol or rescue craft.
(j) No motorboat which shall have in tow or shall
be otherwise assisting a person on water skis, surfboard
or similar contrivance, shall be operated or propelled
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in or upon any waterway, unless such motorboat shall be
occupied by at least two competent persons; provided, that
this subsection shall not apply to motorboats used by rep-
resentatives of duly constituted water ski schools in the
giving of instruction, or to motorboats used in duly authorized
water ski tournaments, competitions, expositions, or trials
therefor.
(k) No motorboat shall have in tow or otherwise
be assisting a person on water skis, surfboard or similar
contrivance from,the period of one hour after sunset to one
hour prior to sunrise; provided, that this subsection shall
not apply to motorboats used in duly authorized ski tourna-
ments, competitions, expositions, or trials therefor.
(1) All motorboats having in tow or otherwise
assisting a person on water skis, surfboard or similar con-
trivance shall be operated in a careful and prudent manner
not less than 300 feet from the water's edge and at a reason-
able distance from persons or property so as not to endanger
the life or property of any person."
SECTION 2. That there is hereby added to said
Article III of Chapter 12, a new section to be numbered
12 -106, to hereafter read as follows:
"Section 12 -106. ENFORCEMENT OF MISCELLANEOUS
WDIC101R4µ{01k�F'A
It shall be the duty of all peace officers of this
State and all political subdivisions thereof and designated
City of Corpus Christi employees to enforce the provisions
of this Act."
SECTION 3. Any person, firm or corporation vio-
lating the terms and provisions of this ordinance shall be
deemed guilty of a misdemeanor, and upon conviction, shall
be fined in a sum not to exceed Two Hundred Dollars ($200).
WE
SECTION 4. That all ordinances or parts of ordinances
in conflict herewith shall be and are hereby repealed to the
extent of conflict herewith.
SECTION 5. If for any reason any section, paragraph,
subdivision, clause, phrase, word, or provision of this or-
dinance 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, para-
graph, subdivision, clause, phrase, word, or provision hereof
be given full force and effect for its purpose.
THAT THE FOREGOING ORDINANCE WAS READ F THE FIRST TIME AD PASSED
TO ITS SECOND READING ON THIS THE ash DAY OF , �9 BY THE
FOLLOWING VOTE:
JASON LUBY
DR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE
THAT THE FOREGOING
ORDINANCE WAS READ F T E SECOND
TIME A�NJ/.� PASSED
TO ITS THIRD READING ON -THIS
THE -/&-- OF ��
�g.Lf2 BY THE
FOLLOWING VOTE:
JASON LUBY
DR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE
THAT THE FO EG ING ORD
FINALLY ON THIS THE DAY
JASON LUBY
DR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE
PASSED AND APPROVED, T
1 PASSED
.OWING VOTE:
9d
ATTEST:
C TY SECRETARY MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
V AP ED-
DAY OF 04TIM40 _ 19
•
P'lElo" 6SST,,,C 1TY ATTORNEY
PUBLISHER'S AFFIDAVIT
c- -
STATE OF TEXAS, 1ss:
County of Nueces. J '
Before me, the undersigned, a Notary Public, this day personally came ....... ........................... j
Rowena C. Velasquez .... - - -, who being first duly sworn, according to law, says that he is the
A. r. co mn. tng .............................. .............................. 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
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NANCES, CITY OF C. C., 1976 REVISION..... .
of which the annexed is a true copy, was published in ---- ..7 ................. .Cd [.[s.x: -T7 C3ze s.---.------ ...-- ....................
on the.....?.. day of. Sgpt&mbpr: _.......19...:1.6 Radx= Kx= k ........................... thexea ............................
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Notary Pu7lic, Nueces County, Texas
NOTICE OF PASSAGE OF ~
{ ORDINANCE NO.
AMENDING THE CODE OF
ORDINANCES,- -CITY - OF
CORPUS CHRISTI, 1976 REVI•
TER 12 BOATS N BAYS, PAND
WATERWAYS, ARTICLE 111.
MISCELLANEOUS REGU=
LATIONS ON LAKE CORPUS
CHRISTI AND OTHER
BODIES OF WATER DIS•
CHARGING INTO NUECES
RIVER, BY AMENDING SEC.
IONS 12-90, 12-91, 12-93, 12-9y
12-96 AND 12-97; ADDING A
EW SECTION TO BE
BERED 12 -106, TO OVIDE
FOR ENFORCEMENT OF
THE PROVISIONS OF SAID
REGULATIONS; PROVID-
ING FOR PENALTIES FOR
VIOLATIONS; PROVIDING
' FOR REPEAL OF ALL ORDI-
NANCES IN CONFLICT
HEREWITH; AND'PROVll -
ING A SAVINGS CLAUSE.
WAS PASSED AND APPROV•
EO by the CITY Council of the
City of Corpus Christi, Texas,
tluring the Regular Council
Meet ln held on September 14
1976, at and provides
that if shall to effect from and
after 11s passage and pub-
hcatlon I ne time in the oHiUal
publication of fha City Of Corpus
Christi, Texas
ISSUED UNDER MY HAND
AND SEAL of the Cl ty of Cot•
Pus Christi, texas this 9th day of
September, 1976
(s)BIII G. Read City Secretary
City of Corpus Cm it Texas
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