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Home My WebLink About024734 ORD - 01/15/2002 Page 1 of 6 AN ORDINANCE AMENDING ARTICLE VIII, FEES, OF CHAPTER 10, BEACHFRONT MANAGEMENT AND CONSTRUCTION, OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI; PROVIDING FOR PENALTIES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION, WHEREAS, the City Council has determined that this 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 Article VIII, Fees, of Chapter 10, Beachfront Management and Construction of the Code of Ordinances, City Of Corpus Christi, is revised to read as follows: "Chapter 10 BEACH FRONT MANAGEMENT AND CONSTRUCTION* "ARTICLE VIII, FEES, "See, 10-86, Beach User ~ Fees, "A. In order to establish and maintain beach-related services and facilities for the preservation and enhancement of access to and from and safe and healthy use of public beaches by the public, a fee fer eaet-l vet-liele/I'leeleetrian R'lay ee ehar~eel ey Gl:J13SQf2JbJGrlt C0l:JASil aetiaA fa 80 &Q. .^.Ithel:J~h tho City helG tt.la &J3oGi~G :ll~lthority to oE:tal3lish :J bO:lGh l3afkiR~ foo, tho City if: not G&tablishiAQ a eOOGA J:larl<iA~ (Jor-mil foo. Hov..'o'JGr, tho City FRay 3110'/: by iAtorlssnl agrOGFROAt ~JbJOGOE: CQl:Irlty aAS Kloborg Ce(,Jnty te eEtaelieh and entereo s(,Jet-l eeaeh (,Jeer fees. the followina beach user fees are established: "1. Beach Parkina Permit. The Citv Manaaer shall prepare a fee schedule of beach parkina permits. This schedule shall be submitted to the Citv Council on an annual basis durina the preparation of the Citv's annual operatina budaet. ~ The fees must recover. to the extent possible. the Citv's costs of providina beach-related services. as defined in Section 10-87.B, The parkina permit fee schedule shall be filed with the Citv Secretarv. and copies shall be provided to the City Council. Anv chanae in beach user fees shall not 00 into effect until approved bv the General Land Office under &15,8(e) of Title 31 of the Texas Administrative Code. "2. Reserved, "B, No beach parkina permit fee shall be charged for parkina in the 1'l(,Jl3lie free beach areas designated in Appendix VII. IlLEGAL lLAWlLEG-DIRIDoyleDCurtisIMYDOCSI2002IP&ZORD02IBeachDune. OrdsIBeachManagConst.ordlRev.1.15.02.ParkingFee,R 14053B3.doc r, .' 'I '1 ;: ,- .',' 1, .' -.. ..: \.J '" .,.,.. . Page 2 of 6 "C. Irllicl:.l 0t tho boaeR 133FkiAEl eerFFlit iSEl:JOS 13': tl:le Cit'/I:Irl80r Gl::J8El3etieA ^ af tAis eGetierl. tho Cit': CSl:.IAeil FF18V 3l:.1thorizod FoseaRitieR at eaaet:1 Barl{ina Bormits iSEl:10EJ by tho Cit,/ of PeR AFOAsas Sf ~Juesa~ Sf Klobora CSl:.Int'y', if tho ae'.~ornFFlontal oRtily iFFl138SGC 80Qsh Barl{iAEl feOG. tt:t3t oal:.lal& or o)(sGods tho boash l3arkiAa Barrnit foo iCE:woEJ 13',0' tl:1o Citv. aAa DAiorE: iRts :If) iAterl0GQI esaBoFati0A asrooment '.-/ith the Cit': th:Jt or0vidoG fer rOeil3r0G:t1 rOG0anitieA and oAferGOffiont at B03Gh BarkiAEI eormitc. "C. In lieu of the beach parkina permit issued bv the Citv under subsection A of this section. the Citv Council may authorize: (1) recoanition of beach parkina permit stickers issued bv the City of Port Aransas or Nueces or Klebera Countv. if the aovernmental entity imposes a beach parkina permit fee that eauals or exceeds the Citv of Corpus Christi beach parkina permit fee and enters into an interlocal cooperation aareement with the City that provides for reciprocal recoanition of beach parkina permits: and/or (2) adoption of a unified parkina permit pursuant to an interlocal cooperation aareement with the Citv and one or more of the aovernmental entities named in (1) above. "See, 10-87, Use of Fee Revenue, "A. Revenues from beach user fees may be used only for beach-related seNices, "B. "Beach-related seNices" means reasonable and necessary seNices and facilities directly related to the public beach which are provided to the public to ensure safe use of and access to and from the public beach, such as vehicular controls, management, and parking (including acquisition and maintenance of off-beach parking and access ways); sanitation and litter control; life guarding and lifesaving; the cleaning or removal of debris from the beach by handpicking, raking, or mechanical means; law enforcement; beach nourishment projects; beach/dune system education; beach/dune protection and restoration projects; providing public facilities such as restrooms, showers, lockers, equipment rentals, and picnic areas; recreational and refreshment facilities; liability insurance; and staff and personnel necessary to provide beach-related seNices. Beach-related seNices and facilities shall seNe only those areas on or immediately adjacent to the public beach, "C. All funds derived by Citv from beach user fees reauired bv this article shall be used exclusivelv for the followina purposes: "1. Printina and distributina the permits, "2. Other costs of administerina the reauirements of the beach user fee proaram. "3. Provision. construction. maintenance. replacement. and repair of: "(a) Sanitary facilities on the beach provided for the use and convenience of the public. "(b) On and off beach parkina facilities. "(c) Traffic control or road sians7 ~ devices €lr strllstwres on the be ache \\LEGAL \LAWlLEG.DIR\DoyleDCurtisIMYDOCS\2002\P&ZORD02\BeachDune,Ords\BeachManagConst.ord\Rev .1.15.02. ParkingFee. R 14053B3.doc 'II iT" , Page 3 of 6 such as oates and barricades. or bollards to keep vehicles awav from the waters edoe. and temporarv traffic sionals. (Except for emeroencies related to public safety. onlv those devices approved in advance by the Texas General Land Office shall be used.) "(d) Sand dunes, "4. Cleanino and maintenance of the public beach. "5. Public safetv on the beach. "6. All costs directlv related to the manaoement of the beach. "See, 10-88, Indirect Costs and Accounting. "A. No more than 10% of beach user fee revenues shall be expended on reasonable indirect costs related to beach-related services. includino costs authorized in Section 10-87.C,1 and 2. "8. "Indirect costs" means costs of administrative programs, services, or personnel that partially support beach-related services and to which beach user fee revenues are applied using a general rather than detailed method of apportionment. "C. Except as provided in TRo s8Rtrollin!:j a\.ltRarity sRall aelministor tRe eeasR \.Ism feo I3ra!:jram in 3ssarel3nse witR tRO Interlocal Agreements (See Appendix VIII for copies of current interlocal aoreements) between the Citv of Port Aransas. Nueces County, Kleberg County and the City of Corpus Christi regarding beach user fees. the Director of Financial Services shall send ouarterlv. Q\.IaFlarly reports will eo sent to the General Land Office in assaraaRso '.vitR interlasal 3!:jr-<lomoAts. The reports shall state the amount of beach user fee revenues collected and itemizing how beach user fee revenues are expended, Beach user fee revenues shall be maintained and accounted for so that fee collections may be directly traced to expenditures on beach-related services, Beach user fee revenues shall not be commingled with any other funds and shall be maintained in special accounts. Beach user fee revenue expenditures shall be documented in a separate financial statement for each different beach user fee. Beach user fee revenue account balances and expenditures shall be documented according to generally accepted accounting principles, "Sec. 10-89. Beach parkina prohibited without beach parkina permit. "(a) Except within Mustano Island State Park or within a free parkino area desionated in Appendix VII of the Citv Of Corpus Christi. Texas. Dune Protection And Beach Access Reoulations. no person mav park a motor vehicle on a public beach within the City. which borders on the Gulf of Mexico. unless a valid beach parkino permit is affixed to the vehicle's windshield. "(b) It shall be the dutv of each police officer. or &YGA- other officer or emplovee of the Citv as FRav eo authorized bv the City Manaaer. to take the state vehicle license number \\LEGAL \LAWlLEG.PIR\DoyleDCurtisIMYDOCS\2002\P&ZORD02\BeachDune.Ords\BeachManagConst.ord\Rev .1-15.02. Parking Fee. R 14053B3.doc '!II '!T" , Page 4 of 6 of anv vehicle parked on a Gulf beach without a valid beach parkinq permit sticker affixed to the vehicle's windshield. the time and date the vehicle was found parked on the Gulf beach. the approximate location where the vehicle was parked. and the make of the vehicle. and to issue. in writinq. on a form provided bv the Citv. a notice to answer to the charqe of parkinq on a Gulf beach without a valid beach parkinq permit within ten (10) davs durinq the hours and at the place specified in the notice, "(c) In a prosecution of an offense under this section. it is presumed that the reqistered owner of the motor vehicle is the person who parked the vehicle at the time and place the offense occurred. "See, 10-90, Sale of Beaeh Parkina Permits, "Beach parkinq permits shall be made reasonablv available to all members of the public at all times, In furtherance of this section the Citv Manaqer. or the Citv Manaqer's desiqnee. mav sell permits bv the followinq methods: "1. Direct sales to the public throuqh the Utilities Billinq Office. park facilities. and on site, "2. Direct sales to the public at anv Citv fire station located on Mustanq or Padre Islands. "3. Sales to merchants and vendors for subsequent sales to the public. "(a) The City Manaqer mav set the fees to be paid to merchants and vendors authorized to sell beach parkinq permits bv this subsection. The fees shall be at a rate determined to be in the best interest of the Citv, "(b) The Citv Manaqer may establish further rules. bonds. fees. or other procedures to be used In the bulk sales of permits, Copies of anv rules. bonds. fees. or other procedures must be filed with the Citv SecretarY. and a copv provided to the members of the Citv Council before the rules. bonds. fees. or other procedures qO into effect. Secs. 10 89 10-91 -- 10-96, Reserved, * * * * * SECTION 2, The initial fee schedule for beach parking permits prepared by the City Manager shall impose a fee of $10.00 per year, or $5,00 per month, for each vehicle parked on a public beach within the City, except within the Mustang Island State Park, or any area designated as a free beach areas in Appendix VII of the City Of Corpus Christi, Texas, Dune Protection And Beach Access Regulations. SECTION 3. ThiS ordinance Sloes Into effect upon apploval of these amendments to Al'ticle VIII, Fees, of Chapter 10. Beachfront Management and Construction, ofthe IlLEGAL lLAWlLEG.DIRIDoyleDCurtisIMYDOCS\2002IP&ZORD02IBeachDune. OrdsIBeachManagConst.ordIRev.1-15.02. ParkingFee. R 14053B3,doc Page 5 of 6 Code ot Ordlnallces by tile (;':lleral Land Office ullder,; 15.8(e) of Title 31 at tile Texas Adlrllrllstratlve Code. SECTION 4, 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 5, A violation of this ordinance or requirements implemented hereunder shall constitute an offense, punishable as provided in Section 1-6 of the City Code of Ordinances. SECTION 6, 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. IlLEGAL lLAWlLEG-DIRIDoyleDCurtisIMYDOCS\2002IP&ZORD02IBeachDune. OrdsIBeachManagConst.ordIRev,1.15.02,ParkingFee,R 14053B3.doc '1 If H Page 6 of 6 That the foregoing ordinance was read for the first time and passed to its second reading on this the 18th day of December, 2001, by the following vote: /7)., j / p II / , Samuel L. Neal, Jr. Rex A. Kinnison ~ Brent Chesney John Longoria --' Jesse Noyola Mark Scott Javier D. Colmenero Henry Garrett Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the 15th day of January, 2002 by the following vote: I Brent Chesney Rex A. Kinnison Samuel L. Neal, Jr. Henry Garrett John Longoria Jesse Noyola Mark Scott Javier D. Colmenero Bill Kelly PASSED AND APPROVED, this the 15th day of January, 2002. ATTEST: Arm~ City Secretary ~.~-~ ~Cf/ Samuel L. N ai, Jr.' t7 Mayor LEGAL FORM APPROVED 11 January, 2002 t By: Doyle . urtis Senior A sistant City Attorney IlLEGAL lLAWlLEG.DIRIDoyleDCurtisIMYDOCS\2002IP&ZORD02IBeachDune.OrdslBeachManagConst.ordlRev .1-15-02. ParkingFee. R 14053B3.doc r . II" A '! "-+ I ,$'~ 'ill 11" w ,"" '> V\\\",~\) ....,. . ... 1:-., . ~',\ ?~"J '()~ cP State of Texas County of Nueces PUBLISHER'S AFFIDAVIT } } CITY OF CORPUS CHRISTI ss: Ad # 4067498 PO # Before me, the undersigned, a Notary Public, this day personally came Eugenia Cortez, who being first duly sworn, according to law, says that she is Customer Service Manager of 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. which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on the World Wide Web on the Caller-Times Interactive on the 21ST day(s) of JANUARY, 2002. ovri. No. O'A113tf Corpus ~risli Caller-Times, Monday, January 21, 2002107 TICE OF PASSAGE OF ORDINANCE NO. 024734 Ordinance amending Artide VIII, Fees, of Chapter 10, Beachfront Management and Construction, of the Code of Ordinances, Ci,ty of Corpus Christi; providing for an effective date; and providing for penalties. This ordinance was paSsed and approved .. .. '_""',0. ..... '::"'"<t> by the City Council of ~:",Rl/\ r/ _: the City of, Corpus ~. \~-~}~ Chrlsti on January 1'. I ~!)o.'ll\' p (!&, 'i:~:i"\ 2002. ,'~O , '!.hf.: ' Is! A_ Cha$' 'j'<-<-.~ .....- CIIy~--= "\'~ -1, ~.. ~. "~;:~ ':;" .r:;-,~ I ClIyofCOlpuSf!~. . ~ 4t ':(,' J ~I \". \'c.",.J>J>'''/c~'1 \\~~-:J~~ .,,<~'~/ "., ,;,- .. --.--.-...... ',' "~,. -'k..' ~4 ,)7 t?~ Credit Customer Service Manager Subscribed and sworn to me on the date of JANUARY 22, 2002. ex 0-/.)/1, 7/'rlfJl7.t..4~ Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public ~ My commission expires on 04/23/05. .. or ,..._-~~-._-~-~.". .._~.. -~--~._~----