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Home My WebLink About022226 ORD - 05/09/1995AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, BY AMENDING CHAPTER 10, BEACHFRONT MANAGEMENT AND CONSTRUCTION, ARTICLE IV, REQUIREMENTS FOR BEACHFRONT CONSTRUCTION CERTIFICATES, SECTION 10-36, REQUIRED FINDINGS BY AMENDING PROVISIONS REGULATING THE ERECTION, CONSTRUCTION, RECONSTRUCTION, ALTERATION, AND REPAIR OF BUILDINGS AND STRUCTURES WITHIN THE BEACHFRONT CONSTRUCTION AREAS; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the City Council has determined that the hereinafter set forth amendment would best serve public health, necessity and convenience and the general welfare of the City of Corpus Christi and its citizens. 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, Texas, is amended by adding a new subsection to Chapter 10, Beachfront Management and Construction, as hereinafter set out. SECTION 2. That the Corpus Christi Code, Chapter 10, Beachfront Management and Construction, Article IV, Requirements for Beachfront Construction Certificates, Section 10-36, Required Findings is amended by adding a new subsection as follows: ARTICLE IV. REQUIREMENTS FOR BEACHFRONT CONSTRUCTION CERTIFICATES. Sec. 10-36. Required Findings. Before issuing a certificate authorizing proposed construction, the Committee must find that the construction is consistent with these regulations. Construction is inconsistent with these regulations if it: A. reduces the size of the public beach in any manner, except for man-made vegetated mounds and dune walkovers constructed in compliance with the requirements of these regulations; B. closes any existing public beach access or public parking area, unless equivalent or better public access or public parking is established as required in § 10-37 of this Article (Dedication of Equivalent or Better Access); C. cumulatively, directly or indirectly impairs or adversely affects public use of or access to and from a public beach, including failure to comply with any requirements of Article VI of these regulations (Management of the Public Beach) unless equivalent or better public access or parking 95NH2850.306 i)?222F'i bilfganbiat 2 is established as required in § 10-37 of this Article (Dedication of Equivalent or Better Access); or D. fails to comply with any requirements of Article III of these regulations (Requirements for Dune Protection Permits) or Article V of these regulations (Concurrent Requirements for Dune Protection Permits and Beachfront Construction Certificates). E. Functionally supports or depends on or is otherwise related to proposed or existing structures that encroach on the public beach, regardless of whether the encroaching structure is on land that was previously landward of the public beach. This provision shall not be construed to 'prevent construction or reconstruction of structures or facilities landward of the concrete seawall nor those structures or facilities that are functionally dependent on the concrete seawall or are associated with the concrete seawall nor shall this provision be construed to prevent repair or maintenance of the concrete seawall. 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 hereof 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, to find and declare an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings so that t s ordinance is passed and shall take effect upon first reading as an emergency measure this the day of Mai , 1995. ST: City Secretary HE CITY 0 CORPUS CHRISTI MAYOR THE CITY OF CORPUS CHRISTI APPROVED THIS THE 9TH DAY OF MARCH, 1995. JAMES R BRAY, CITY ATTORNEY By: orbert J. Hart, Assistant 95NH2850.306 A tomey 3 Corpus Christi, Texas g day of , 19 a5 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, Council Members MAYOR THE CITY OF CORPUS CHRISTI The above ordinance 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 95NH2850.306 T cui aNi °Nip cut O22226 PUBLISHER'S A}'FIDAVIT State of Texas, } CITY OF CORPUS CHRISTI County of Nueces } ss: Ad 68737 PO # Before me, the undersigned, a Notary Public, this day personally came Darrell G. Coleman, who being first duly sworn, according to law, says that he is Vice -President and Chief Financial Officer of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, 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. 022226 AMENDING THE CODE OF ORDINANCES. CITY OF CORPUS CHRISTI. BY AMENDING CHAPTER 10. BEACHFRONT MANAGEMENT AND CONSTRUCTION, ARTICLE IV, which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 15TH day(s) of MAY. 1995. ONE f 11 Time(s) 14 - Vice -President and Chief Financial Officer Subscribed and sworn to before me this 22ND day MAY. 1995. tC V1 A 11 `Y %ul _alc m Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/97. Monday, May 15, 1995 Corpus C11Fisbi Ceilsr•Timee/NA11 111 of Y NOTICE OF PASSAGE OF ORDINANCE NO. 022226 AMENDING THE CODE OF ORDINANCES, CITY OF COR- PUS CHRISTI, BY AMENDING CHAPTER 10, BEACHFRONT MANAGEMENT AND CON- STRUCTION, ARTICLE IV, REQUIREMENTS FOR BEACH- FRONT CONSTRUCTION CERTIFICATES, SECTION 10-36, REQUIRED FINDINGS B Y AMENDING PROVISIONS REGULATING THE ERECTION, CONSTRUCTION, RECON- STRUCTION, ALTERATION, AND REPAIR OF BUILDINGS AND STRUCTURES WITHIN THE BEACHFRONT CON- STRUCTION AREAS, PRO- VIDING FOR PUBUCATION. The ordinance was passed and approved by the City Coact oftheCity of e M SO 06.41 of MFy�1*s. /5 City City of Corpus Oaisti