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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