HomeMy WebLinkAbout022222 RES - 05/09/1995A RESOLUTION
ENDORSING THE PASSAGE OF LEGISLATION IN THE REGULAR
SESSION OF THE 74TH LEGISLATURE TO CLARIFY THE PROVISIONS
OF THE TEXAS OPEN BEACHES ACT AND THE 1974 COURT
JUDGMENT IN ESTABLISHING THE BOUNDARY OF THE PUBLIC
BEACH AT THE BASE OF THE EXISTING SEAWALL AS PROVIDED BY
SUCH LEGISLATION.
WHEREAS, the seawall on Padre Island in Corpus Christi was constructed prior to 1970
for the purpose of establishing a clear boundary line between the public beach and the private
property at the top of the seawall;
WHEREAS, a court judgment entered in 1974 in the 28th Judicial District court of Nueces
County, Texas contained language setting the boundary of the public beach and easement along a
line running "200 feet from the seaward line of mean low tide; provided, however, that in all events
... at least to the seaward line of the present seawall;"
WHEREAS, under the Texas Open Beaches Act (Chapter 61 of the Texas Natural
Resources Code) none of its provisions clearly indicate the boundaries of a public beach in an area
where the natural line of vegetation has been affected by a seawall of the type constructed on Padre
Island in Corpus Christ;
WHEREAS, due to the variations over the years in the line of mean low tide, an uncertainty
has arisen over the location of the landward boundary of the public beach and easement in the area
of the seawall, and some interpretations would place the boundary well landward of the top of the
seawall;
WHEREAS, the uncertainty concerning the boundary of the public beach and easement has
brought about a cessation of the development of any of the property along the seawall;
WHEREAS, property appraisals for the land along the seawall have drastically declined due
to this uncertainty and the City, County, Flour Bluff Independent School District and other taxing
jurisdictions are losing substantial revenues each year this situation continues;
WHEREAS, the people of Corpus Christ and the State of Texas hold a high regard for the
protection of Texas beaches and maintaining in perpetuity public access to the beaches all along the
Texas coast; and
WHEREAS, a bill has been drafted for the Texas Legislature which would clarify the
boundaries of the public beach and easement in the area of the seawall and confirm the rights of the
public to permanent access to the beaches in front of the seawall;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
95NH2850.312 / 5-1-95
22222
iiCROFtLIVIER
SECTION 1. That the City endorses the passage of legislation in the Regular Session of the
74th Legislature to clarify the provisions of the Texas Open Beaches Act and the 1974 court
judgment in establishing the boundary of the public beach at the base of the existing seawall as
provided by such legislation.
SECTION 2. That the City commits to use its best efforts to acquire and develop the land
designated for public parking and amenities to be located on top of the seawall as outlined in the
City's Beach and Dune Regulations approved as of February 28, 1995, in order to assure adequate
public access to all beach areas adjacent to the seawall.
SECTION 3. That upon the passage of such legislation, the City commits to use its best
efforts to obtain the necessary easements for access Road 3A and the two pedestrian access
easements from Windward Drive to the Seawall.
SECTION 4. That the City agrees that as part of the implementation of its Beach
Management Plan it will use its best efforts to obtain the dedication of a pedestrian easement across
the entire length of the seawall to confirm the rights of the general public to walk on the seawall and
enjoy it as a means of access to the beach in perpetuity. The terms and conditions of such easement
shall afford the general public pedestrian, non-commercial use of the seawall, and neither the State,
the City, nor any other governmental entity shall be responsible for maintenance or repair of the
structure.
SECTION 5. That the City confirms its strong belief and support of the goals and principles
of the Texas Open Beaches Act. In the event of any action or amendment in the Legislative process
designed to utilize this Bill as a vehicle for making other changes in the Texas Open Beaches Act
not otherwise approved by its Senate sponsor, the City firmly commits that the Bill should be tabled
at the earliest stage possible in the Texas House of Representatives or in any conference committee.
The City's support for this Bill is specifically conditioned upon this requirement, and each of Senator
Truan, Representative Berlanga, Representative Hunter and Representative Luna are authorized to
take such actions as may be necessary to protect the Texas Open Beaches Act in the event of such
an occurrence.
THE CITY OF CORPUS CHRIST
APPROVED THIS 1ST DAY OF MAY, 1995
JAMES R. BRAY, JR., CITY ATTORNEY
.R.
eh,
95N1-12850.312 / 5-1-95
if T
Corpus Christ, Texas
"I day of Va,
,19 £p5
The above resolution was passed by the following vote:
Mary Rhodes
Dr. Jack Best
Melody Cooper
Cezar Galindo
Betty Jean Longoria
Edward A. Martin
Dr. David McNichols
Clif Moss
David Noyola
95N1-12850.312 / 5-1-95
R
c tw
a,
y
CtlYabtxJt
alb
R
0 22222