HomeMy WebLinkAbout025261 ORD - 04/15/2003AN ORDINANCE
AMENDING ORDINANCE NO. 022164, WHICH ADOPTED THE CITY
OF CORPUS CHRISTI, TEXAS DUNE PROTECTION AND BEACH
ACCESS REGULATIONS, BY REVISING THE TITLES OF
APPENDICES V, VIII, AND Xl, BY REVISING THE APPLICATION
PROCESS FLOW CHARTS IN APPENDICES IV AND V, AND BY
ADDING APPLICATION FORMS FOR BEACHFRONT CONSTRUCTION
CERTIFICATES AND CONCURRENT DUNE PROTECTION PERMITS/
BEACHFRONT CONSTRUCTION CERTIFICATES TO APPENDIX V,
AND BY ADDING A COPY OF THE INTERLOCAL COOPERATION
AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI, CITY OF
PORT ARANSAS, AND COUNTY OF NUECES RELATING TO THE
MUSTANG AND NORTH PADRE ISLAND BEACH PARKING PERMIT
SYSTEM AS APPENDIX VIII; PROVIDING 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 the list of appendices in the table of contents of the Corpus Christi,
Texas, Dune Protection and Beach Access Regulations, as adopted by Ordinance
022164, on February 28, 1995, and the list of appendices following the text of the
sections of Chapter 10, Code of Ordinances, is amended by revising the titles of
Appendices V, VIII, and XI, at each place the title appears, to read as follows:
"APPENDICES
Appendix V
Pcr..'=.!t cr Bc=cbfrc.".t Cc.".=t."'-'ct-~cr. Cc."t!f!c:t: Flow Charts
and Application Forms for Beachfront Construction
Certificates and Concurrent Dune Protection
Permits/Beachfront Construction Certificates
Appendix VIII Interlocal Agreement with in the City of Port Aransas and
Nueces County relating to the Mustang and North Padre
Islands Beach Parking Permit System-(Rese~
R32810B2.doc
2
Appendix Xl 31 TAC Chapter 31 15 (Coastal Area Planning)
SECTION 2. That Appendices IV, V, and VIII of the Corpus Christi, Texas, Dune
Protection and Beach Access Regulations, as adopted by Ordinance 022164 on
February 28, 1995, are amended by substituting the revised Appendices IV, V, and VIII,
which are attached to and incorporated into this ordinance as Attachments A, B, and C.
SECTION 3. This ordinance goes into effect upon approval of these amendments to
the Corpus Christi, Texas, Dune Protection and Beach Access Regulations, by the
General Land Office under §15.8(e) of Title 31 of the Texas Administrative Code.
SECTION 5. 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 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.
R32810B2.doc
That the foregoing ord~p(~..~e was rea~l for the~first time and passed to its second
reading on this the _ ~ day of (',(_f'~%~ ,2003, by the following vote:
Brent Chesney ,~f~¢~" Rex A. Kinnison ~.~L~__~'
Javier D. Colmenero ~C~-' Jesse Noyola
Melody Cooper f~ Mark Scott
Henry Garrett
!)
That the foregoing ordipance .was read for the second time and passed finally on this
the ~'~'~ay of 0 ,~ ~ ,2003 by the following vote:
Samuel L. Neal, Jr. ~.~ L~.' Bill Kelly
Brent Chesney (/~.1 ~ Rex A. Kinnison (/~.'~
Javier D. Colmenero ~, _.' Jesse Noyola
? Mark Scott
Melody Cooper ~.
Henry Garrett __~
PASSED AND APPROVED, this t~
ATTEST:
Armando Chapa
City Secretary
ICday of U/~
I
,2003.
Mayor
APPROVED: 3rd day of April, 2003:
R. :,~ einirCg
Actin~City Attorney
R32810B2.doc ' ~'~ I
APPENDIX IV
FLOW CHART OF APPLICATION PROCESS
FOR MASTER PLANNED DEVELOPMENTS
NOTE: Master Plans are typically used for projects requiring more than two or three years to build out. If
approved, Master Plans eliminate the need to separate dune protection permits and beachfront
construction certificates for lots covered by the Master Plan. Master Plans are valid for 10 years
from the effective date of the ordinance that adopts the Master Plan.
Pre-submission ·
Conference
Full application submitted to the Director.
The Director determines if application
complete.
20 workincl days
Application Incomplete
The Director:
1. Makes Preliminary Determination;
2. Schedules Beach/Dune Committee meeting;
3. Notification to surrounding property owners within 200'; and
4. Forwards the application and determination to the General Land Office
and Office of Attorney General.
3 - 10 working days
The Director receives
GLO/OAG comments, if any.
10 - 15 working days
The Director forwards to Beach / Dune
Committee
1 Complete Application;
2 City Staff Recommendation; and
3. State agency comments if any.
Beach/Dune Committee makes a recommendation,
1 - 21 working days
City Council takes action on ordinance, Ordinance
submitted to GLO/OAG for approval.
20-25 working days
GLO/OAG publishes the ordinance flint,
then certification in the Texas Register.
90 - 120 working days
R32810BIApplV. doc
Approval Process 7 to 10 months.
If approved, Master Plan becomes an
amendment of State Beach/Dune rules, which
must be published twice in Texas Register.
ATTACHMENT A
IV- 1
APPENDIX V
CONSTRUCTION CERTIFICATES AND CONCURRENT DUNE PROTECTION PERMITS /
BEACHFRONT CONSTRUCTION CERTIFICATES
R32810B1AppV.doc ATTACHMENT B V- 1
APPENDIX V.A.
BEACHFRONT CONSTRUCTION CERTIFICATE
APPLICATION P Re C E S S--~NORT~)RM
Note: If approved, beachfront construction certificates may be granted for up to 3 years, with two 90-
day renewals.
Application
Incomplete
· Pre-submission
Conference
Full application submitted to the Director. The
Director determines if application is complete.
3 workinq days
Director determines if proposed construction:
1. Is not seaward of the erosion area line or erosion area restriction
line?
2. Is not located on an ex st or future beach access? ]
ng
/
3. Does not functionally support or depend on proposed or existing ]
structures that encroach on the public beach?
I
4. Does not include a retaining wall or impervious surface within 200
IIf 1 thru 4 are NO
feet of the vegetation line?
5 workina days to answer (~uestions I thru 4
IIf 1 thru 4areYES
Submit application and
preliminary determination to
GLO/OAG
10 workino days
Director Issues
Certificate
Copy to
GLO/OAG
Submit application and preliminary
determination to GLO/OAG
10 workino days
Notice to surrounding
property owners
11 to 24 workin(7 days
Committee issues /
denies certificate.
15-29 workino dav~
R32810B1AppV.doc V- 2
Applicant's name:
APPENDIX V.B.
BEACHFRONT CONSTRUCTION CERTIFICATE
APPLICATION FORM
BEACHFRONT CONSTRUCTION CERTIFICATE APPLICATION
(BCCA)
Applicant's address:
City: State: Zl P:
Applicant's phone number:
Property Owner's name:
Fax number:
Property Owner's address:
City:
Property Owner's phone number:
Legal description of the tract:
State: ZIP:
Fax number:
Size of tract in acres or square feet:
Description of the proposed construction, including the number of proposed structures and whether the
structures are amenities or habitable structures:
Does the proposed construction include a dune walkover? __ Yes --. No
Will the proposed dune walkover be constructed under the Texas General Land Office's Dune Protection
and Improvement Manual for the Texas Gulf Coast? __ Yes __ No
FEMA Standards: The lowest habitable floor of the proposed structure(s) is feet,
which is at or above the FEMA base flood elevation for the area.
I certify that the information provided is correct and accurate.
Applicant Date
Property Owner Date
Engineer/Surveyor Date
License #:
See reverse for site plan requirements.
R32810B1AppV.doc V- 3
Attach a scalable site plan, which includes the following:
· Legal description of the tract, including, where applicable, the subdivision, block, and lot.
· Location of the property lines and a notation of the legal description of adjoining tracts.
Location, footprint, and perimeter of the existing and proposed structures on the tract (the
location, footprint, or perimeter of a proposed structure is not required for proposed structures
located landward of the Dune Protection Line or Erosion Area Restriction Line).
Location of proposed roadways and driveways on the tract (the location of proposed roadways
and driveways is not required for proposed structures located landward of Dune Protection Line
or Erosion Area Restriction Line).
· Location of any seawalls or any other erosion response structures on the tract and on the
properties adjacent to the tract.
· Location of the Beachfront Construction Line, Dune Protection Line, Vegetation Line, Erosion
Area Line or Erosion Area Restriction Line, mean high tide line, and mean Iow tide line.
· Location of any existing beach access ways that are located either on the property or adjacent to
the tract.
Location of any future beach access ways, based on elements of the City's Comprehensive Plan,
including the Transportation Plan or applicable area development plan, that are located either on
the property or adjacent to the tract.
· Location of any existing or proposed dune walkovers on the tract.
If the applicant has the requested information, attach copies of the following information:
· A copy of the FEMA"elevation certificate.
· The most recent local historical erosion rate data as determined by the University of Texas at
Austin, Bureau of Economic Geology.
Describe whether the proposed construction will impact coastal erosion.
The proposed construction will not impact coastal erosion.
The proposed construction will have the following impacts on coastal erosion:
R32810B1AppV.doc V-4
BEACHFRONT CONSTRUCTION CERTIFICATE APPLICATION
Large Scale Construction Addendum
(BCCA-LSCA)
If the proposed construction qualifies as large-scale construction, provide the following information:
If a multiple-unit dwelling will be constructed, how many units will be in the dwelling?
Have any alternatives been considered that would cause fewer or no adverse effects on dunes or
dune vegetation?
Yes No
If no, why were no alternatives considered?
No alternatives are necessary, since proposed construction will not impact dunes or
dune vegetation.
The only impacts will be from dune walkover(s) constructed under the dune walkover
construction standards in the Texas General Land Office's Dune Protection and
Improvement Manual for the Texas Gulf Coast.
Because
If yes, what alternatives were considered?
How will the proposed construction impact on natural drainage patterns on the site and on
adjacent lots?
There will be no impact on natural drainage patterns.
Drainage will be improved by the construction of
If the tract is located in a subdivision and the applicant is the owner or developer of the
subdivision, attach a certified copy of the plat, or if the subdivision has not been platted a
preliminary plat.
If the tract is located in a subdivision and the applicant is the owner or developer of the
subdivision, what is the total area of the subdivision in acres or square feet?
R32810B1AppV.doc V- 5
APPENDIX V.C.
PRELIMINARY DETERMINATION IF
DUNE PROTECTION PERMIT REQUIRED
Pre-submission
Conference
Applicant submits description of
proposed construction
·
Director determines if proposed construction:
Is landwerd of the Dune Protection Line
.NO
2. Is an exempted use?
3. Is a prohibited use?
No
4. Adversely affects cdtical dunes or dune vegetation?
5 working days to answer Questions 1 - 4
Permit not required.
Letter of findings to
GLO / OAG
Yes
Applicant required to submit
Application for concurrent dune
protection permht and
beachfront construction
certificate Appendix V.D.
P
ermit not
required.
P
ermit not
required.
Yes ~'
~ Use not permitted.I
Letter of findings to
GLO/OAG.
Questionable
Beach / Dune Committee determines if it
adversely affects critical dunes or dune
vegetation
6 - lldavs
If yes, permit ]~ ~-[
required, required,
If no, permit not
Letter of findings to
GLO / OAG.
Approval Process 5 to 20 Workina Davs J
R32810B1AppV.doc V- 6
APPENDIX V.D.
CONCURRENT DUNE PROTECTION PERMIT /
BEACHFRONT CONSTRUCTION CERTIFICATE
APPLICATION PROCESS
NOTE: If approved, concurrent dune protection permits/beachfront construction certificates may be
granted for up to 3 years, with two 90~day renewals.
Proposed Construction
requires concurrent
application as described
within Regulations.
Concurrent application submitted to
Director
Director determines application complete.
3 wod~ina days
Director forwards to General Land Office
and Office of Attorney General:
1. Completed application; and
2. Preliminary determination,
5 workinq days
Director receives GLO/OAG
comments, if any.
10 workinq days
Director forwards to Beach / Dune
Committee
1. Complete Application;
2. City Staff Recommendation; and
State agency comments, if any.
15 - 24 workinq days
Beach / Dune Committee holds
public hearing / takes action.
6 - 30 workinq days
Copy to
GLO/OAG
Notice to Property
Owners within 200
Feet
Approval Process 40to 80 Working Days
Application Incomplete
R32810B1AppV.doc V- 7
APPENDIX V.E.
CONCURRENT DUNE PROTECTION PERMIT/BEACHFRONT CONSTRUCTION CERTIFICATE
Applicant's name:
APPLICATION FORM
CONCURRENT DUNE PROTECTION PERMIT/
BEACHFRONT CONSTRUCTION CERTIFICATE APPLICATION
(CDPPBCCA)
Applicant's address:
City:. State: ZIP:
Applicant's phone number:
Property Owner's name:
Fax number:
Property Owner's address:
City:,
Property Owner's phone number:
Legal description of the tract:
State: ZIP:
Fax number:
Size of tract in acres or square feet:
Description of the proposed construction, including the number of proposed structures and whether the
structures are amenities or habitable structures:
The number of parking spaces:
What is the approximate percentage of existing and finished open spaces (those areas completely free of
structures):
What is the approximate duration of the construction?
Describe the effects of the proposed activity on the beach/dune system which cannot be avoided should
the proposed activity be permitted, including, but not limited to, damage to dune vegetation, alteration of
dune size and shape, and changes in dune hydrology:
R32810B1AppV.doc V- 8
Describe the location and extent of any known man-made vegetated mounds, restored dunes, fill
activities, or any other pre-existing human modifications on the tract:
Describe the location and extent of any wetlands on the tract:
Does the proposed construction include a dune walkover? __ Yes __ No
Will the proposed dune walkover be constructed under the Texas General Land Office's Dune Protection
and Improvement Manual for the Texas Gulf Coast? __ Yes __ No
FEMA Standards: The lowest habitable floor of the proposed structure(s) is feet,
which is at or above the FEMA base flood elevation for the area.
I certify that the information provided is correct and accurate.
Applicant Date
Property Owner Date
EngineedSurveyor Date
License #:
See list of required attachments and site plan requirements.
R32810B1AppV.doc V- 9
Attach a scalable site plan, which includes the following:
· Legal description of the tract, including, where applicable, the subdivision, block, and lot.
· Location of the property lines and a notation of the legal description of adjoining tracts.
Location, footprint, and perimeter of the existing and proposed structures on the tract (the
location, footprint, or perimeter of a proposed structure is not required for proposed structures
located landward of the Dune Protection Line or Erosion Area Restriction Line).
Location of proposed roadways and driveways on the tract (the location of proposed roadways
and driveways is not required for proposed structures located landward of Dune Protection Line
or Erosion Area Restriction Line).
· Location of any seawalls or any other erosion response structures on the tract and on the
properties adjacent to the tract.
· Location of the Beachfront Construction Line, Dune Protection Line, Vegetation Line, Erosion
Area Line or Erosion Area Restriction Line, mean high tide line, and mean Iow tide line.
· Location of any existing beach access ways that are located either on the property or adjacent to
the tract.
Location of any future beach access ways, based on elements of the City's Comprehensive Plan,
including the Transportation Plan or applicable area development plan, that are located either on
the property or adjacent to the tract.
· Location of any existing or proposed dune walkovers on the tract.
· Location and extent of any known man-made vegetated mounds, restored dunes, fill activities, or
any other pre-existing human modifications on the tract.
· Location and extent of any wetlands on the tract.
Attach the floor plan and elevation view of any structure(s) proposed to be constructed or expanded.
Attach a description (including location) of any existing or proposed walkways or dune walkovers on the
tract.
Attach a grading and layout plan:
· Identify all existing and proposed structures and paved areas.
· All elevations must reference to the National Oceanic and Atmospheric Administration datum.
· Show existing contours of the project area (including the location of dunes and swales).
· Show proposed contours for the final grade.
· If development is proposed to be located seaward of the dune protection line, show the location
of the erosion area line.
Attach photographs of the site, which clearly show the current location of the vegetation line and the
existing dunes on the tract.
R32810B1AppV.doc V- 10
Attach a comprehensive mitigation plan, which includes a detailed description of the methods which will
be used to avoid, minimize, mitigate and/or compensate for any adverse effects on dunes or dune
vegetation.
If the applicant has the requested information, attach copies of the following information:
· A copy of the FEMA"elevation certificate.
· The most recent local historical erosion rate data as determined by the University of Texas at
Austin, Bureau of Economic Geology.
A copy of a topographical survey (two-foot contour intervals) of the site.
Describe whether the proposed construction will impact coastal erosion.
The proposed construction will not impact coastal erosion.
The proposed construction will have the following impacts on coastal erosion:
R32810B1AppV.doc V- 1 1
CONCURRENTDUNEPROTECTIONPERMI~
BEACHFRONTCONSTRUCTIONCERTIFICATEAPPLICATION
La~eScaleConstructionAddendum
(CDPPBCCA-LSCA)
If the proposed construction qualifies as large-scale construction, provide the following information:
If a multiple-unit dwelling will be constructed, how many units will be in the dwelling?
Have any alternatives been considered that would cause fewer or no adverse effects on dunes or
dune vegetation?
Yes No
If no, why were no alternatives considered?
No alternatives are necessary, since proposed construction will not impact dunes or
dune vegetation.
The only impacts will be from dune walkover(s) constructed under the dune walkover
construction standards in the Texas General Land Office's Dune Protection and
Improvement Manual for the Texas Gulf Coast.
Because
If yes, what alternatives were considered?
How will the proposed construction impact on natural drainage patterns on the site and on
adjacent lots?
There will be no impact on natural drainage patterns.
Drainage will be improved by the construction of
If the tract is located in a subdivision and the applicant is the owner or developer of the
subdivision, attach a certified copy of the plat, or if the subdivision has not been platted a
preliminary plat.
if the tract is located in a subdivision and the applicant is the owner or developer of the
subdivision, what is the total area of the subdivision in acres or square feet?
R32810B1AppV. doc V - 12
APPENDIX VIII
INTERLOCAL AGREEMENT WITH IN THE CITY OF PORT ARANSAS AND NUECES COUNTY
RELATING TO THE MUSTANG AND NORTH PADRE ISLANDS BEACH PARKING PERMIT SYSTEM
INTERLOCAL COOPERATION AGREEMENT
BETWEEN
CITY OF CORPUS CHRISTi,
CITY OF PORT ARANSA~
AND
COUI~TY OF NUECES
RI=LATINC= TO THE MU$~'ANG AHD NORTH PADRE I~LAND$
BEACH PARKING P'ERMIT SYSTEM
This interE:~cel cooperation agreement, under Chspter ~1 of the Texas Government
Code. is made by and behveen the City of Corpses Ch~.[i, Texas ("Corpus Chr~,tl"). a
municipal col'p~allon, the C~ty of Port Aranses. Texas ("port Aransas'~,, a rnunicLpal
corporation, and the County of Nuece$ CC ouqty") ea:n of which is a political
effectiveness;
and maintain the cond[tio,n of put, Ii= bc~che$ dc, es not exte~<l to any public beach within
the corporate boundaries that is ownecl by t,"e cour*'cl in which it is located
WFIEREA$, it IS the duty and cesponsibilitv of the c~q~m~sior~ers court of any county
WHEREAS. tm~ter Section 61 ~)1 ~ of {he Texas Natural Resource Code k~cal
R32810B1AppVlll.doc ATTACHMENT C VIII-1
WHEREAS, *:he General Land Office has arJopt~:l regulations in Section 15 8 of Title
31, Texas Administrative Code. that control the imposition of beach us~r fees by local
goverr,,roents;
WI-II~REAS, Section158(b) of TiUe 31, Texas Administrative Code, require~ local
goverr~m~ts Lo establish a state-approved system for reci~.ra~ity of fees and fee
pl~vil~Rs gmor~g the different Iccal gnvernments altth0d2ed t(~ ~harge bench user fees;
WHEREAS, the establishment of a system 3f oeach user fee rec~pror, iby is a ce~dihon of
state approval of local dune protection and beach accaaa plans;
Now, lheref~3re the Ps,ties hereto mutually agree as follows:
MU-~TANG AND NORTH PADRE ISLANDS BEACH PARKING PERMIT
SYSTEM. T~e Mustar~cJ and North Padre islands Beach Parking Pem3~ ~ystem
("Bea~ Pa~ing Permit System') provides a un,fl~ system for the ~suance,
sale, en[or~nt, and the r~ipm~l r~o~n~ion of bea~ ga~[~g ~lt
stickers wahin the juriedicti~s al Co.us Christi. Po~ Am~cas, and Coun~
Reven~ from the Peach ~rking permit stickers will ~ us~ [u h~ip defray soma
of lhe cost of prov~du~g bea~-related smvices incurred by the three jurisdlcUdns.
II,
PARTICIPANT FUNDING Tbs furch~ I'~,~ tile Beach Purki~lg Pu~[nil Sysiem
will cores exclusively from the beac~ pa[king Fermit sale revenues. T~e
revenues reeelved will be distributed to ~e pa,l~es based on the linear beach
frontage of beach each party is responsible for maiRtaining ueder State law. Any
beaches within Federa[ or State parks ~11 be excluded Attachment A tists the
distance each party Is responsible tar as of the date of this agreement, It wix be
updated at the time of any boundary change. Attachment B is a collection of
maps showing the fee and free parking areas within each jurisdiction
III AUTHORIZATIOhl FOR FUNDING.
Corpus Christi. Port Aransas, and County each separately cedif~ that the
beach-related servicers.
Beach-related ~ervlces are daf'mad as reasonable and necessa~
services and facilities d~r~'.tly rel~l~d to the public beach which are
provided to the public to ensure safe use of and a~cess to end from
the publ,¢ beach, such as vehicular co~trols, management, and
paf~ir, g (includ~3g acq~;isition and ~rlaintenan~e of off-beach parking
and access ways); san tat~en and lilter control; life guarding and
lifesaving; beach maintenance; ~aw enforcement; beach
nourishment proiects; beach/dune syslem education; beach,'dune
Page 2 of 8
R32810B1AppVIII.doc VIII-2
protection and restorati0~ projectsl providing public facilities such
as reetrooms, showers. Iocke~s, equipment rentals, and pJcn
areas, recreational and refreshment facilities; liability insurar~ce;
and staff and personnel ~eceesary to provide beach-related
ser'~tcas. Beach related ~rvices an-I facilities shall serve only
those aloes o~ or immediately adjacent 1(~ the public beach
For each liscal year, a local government shall not spend, more th~n
10% of beach user fee revere,es on reasonable administrative
costs directly related ~o neacft-related services. Each local
go~ernme~t shaft ~em:l quarterly reports t~ the General Land Office
stating the amount ef t~eaCh user tee revenues collactec~ a~d
itami~i~(j how beach usa; fee reven,,~ea are expended, The General
Lend Office may prescribe reporting foetus of methods. 1' he
General Land Office s~,all suspend the local government's privilege
fo c~t~ect fees e~,d stra~l ,evoke approval of any pertinent dune
protect:on and beach ~cce~ plan ;f the beach user ~ revenUeS
have been spent or1 services which ale not beach-related. Reports
are due no later than 60 days after the end af eacl~ quarto~ of the
State fiscal year.
Conpu~ Chrisb, Pod Aransas, and Coanty each ~eparately cellify that
payrner~ts made under thi~ Agreement will be made from curlenl
revent~.~s, and any luture payr~ents are subject to futu.e appropriations,
C Ail expe~ditules will be subject to applicable Ccrpuu Christi, Port
a~d. Ceurlty purch~si*~g prods_duma.
O. 'The parties I'ur~t~er mutua~,ly agree that thee budget fc~ fha Reach Parkin~
Pe~rnit System shall be set by the rePteser~tativea of all parties to this
agreement designated in Section V o! Ibis ~greernent.
STANDARD OPERATING PROCEDURES. The part[es aglee that the Bee, ch
Pa,'king Permit System Shall be operated undo- the -gtandard Operatlag
Procedures (SOP}, which will oe attached to this agreement as Attachment (~.
~,. The SOP may be amer~ded by the representatives of' aJI i)ar~iea to
agreement ~esignated ~n ~eclio~ V of th'~s agreement with the consent cf
theft govemiqg bodies.
The designated representatives o1 tire parties shall periedic,~lly review the
methods used for the sale ef beach parking permits and make
recommendations on w~ether beach pa~lng pefftl,:t fees need to be
ed.iuated ia order to ensure that adequate revenues are available 1o
provide the required beach related services by the parties
Page 3 of 8
R32810BIAppVIII.doc VIII-3
V~
DESIGNATED REPRESENTATIVES. The toll:~wl~ ~Jfficials, and their
S~CCeSSO~S in attica, are tile designated repre.~ent311ves of the parties au[herizecl
to approve amendments Ia the SOP
A. City of Corpus Christ
B C~ly of Port Aransas
Nuec~s Cou;~ty
RESPONSIBILITIES.
A.
D~vid R Garcia, City Marager
Tom Brooks, City M;m~:jer
Richard M. Borchard. County Judge
Each party to this agreement shall make any necessary changes to beach
fee provisions of their dune protection and beach access p~ans that are
necessary to implement th;$ agreement, and submit the amendments for
review approval to tl'e Texas I and Commissioner and Attorney General
as required by section 61.011 and 61,015 of the Texas Natural Resource
Cede ar~ 31 TAC
Except as provided in paragraphs 1 and 3 of this subseclian, each pady
shall only recognize Beach P~rkiog Permit System stickers, ~s described
in Sec[ion I of this Agreement. within their respective jurisdiction
Each party shall recognize tl~e ~Jht of an,/party LO sell beach
parking permit sticker's t~al were acquired by the party prior t~
February 22
2. Each pa~ty wilh an existing ,~Ock of parking st ckem will provide the
other pa~l~es with information on the numbe, of parking permit
stickers in their inventor,/on February 22. 2002.
3, Pe'~dlng General Land Office approval of any required
amendments to e pady's~ dune protection and
beach access plans relating to beach park ng permft fees. and
before the un~fled system goes into effect, each party shall
recognize any existing ~each parking permit st[cJ<.~r issued by one
of the parties until the beach parking permit expires
C. Excepl as provided for in tl~is agreement er the SOP each party will he
respansihI~, for enf(3rcemRnt of the beach parking p~rrnits wilhln their
jurisdiction.
D, The parties .shall make reaso~table effort tu maintain re table operations of
~'ne Beach Parking Permit System. But the parties, assume no
respo~sib~llt¥ for unavoidable ~ystern failures, eq uip~en{ f~ilur~, or I~te
notification by a ~arty to this agreement. A pa ily'~ liubility it~ any ev~.nt
shall be solely limited to diiect ions el a~ re~ rever~ues arising fi.om
party's negligee ce. and shall not be ~iable fer any consequRnhal losses
Page 4 of 8
R32810B1AppVlll.doc VIII-4
MIL
Vh'L
Except es p~ovided fog in this agreement c~ tbs SOP. each party is
responsible for the an-s{te beach parking permit sales within their
jurisdiction. Each party's liab[;ity in any eve~! sh~li be solely Nmited to
direct Ir~,s nf any 1e~ revenues arising from the ~arty's negligence, and
shell not be liable fcr any car sequential !asses.
MODIFICATION/AM~NDI~ENT. Th~, Agreemertt maybe modified or amended
provid~ that such m~ification or amendmenl is in wrffmg al~d srgned by an
authorized represenlative of each pa~y, and app[oved by the governing body c[
each p~. The modifications to ~e standard ope~ting procedures agproved by
· e ~ulhofized ~esenlati~es do not r~ui~ ~e ~proval of the gearing
~d~es. u~less a ~vern~ng body rese~s I~ a~L~ority Io a~rove amerldme~ts
to tbs standard ~mfing pmc~ures or an authored mp~entat~e ream ~e
meffer ~o the pa~y's govemt~ ~y.
,APPROVAL BY GOV~;-RNINO BODIES. ~ach party ~epresents that this
Agr~'.emertt ~las L~en duly ~3essed and approved by the govern'ag body of the
pady as required the Texas I~terl3cal C~cperat[oe Act. ¢,.;h~pter 791, Texas
Goverrt meat Cede
IX. TERM AND RENEWAL.
Xl,
A. ThL~ Agreement shall be ~or ar) initial term of one year.
This Agreement she'[ he autcma~,ically re~ewed without turther action
unless terminated by any pa~y.
This agreement may be terminated at a.3y time by arty party with or
without caul- upon (gO) days' advance written notice
Arly notice of ~ermination sha'.l be sent tc t~e othcr pattie3 to thi,~ interlace',
cooperation agreemm~t at the address listed i~ ,~'~ection X~ of ~h~s
ag~-eemertt~ and to the General Land O~e an[J A.fforney General.
SEVERA~IUT¥. If aey portion cf this agreement, errs applicalion to any
per,~n ~r circumstance, i.~ held tn he. invalid or unconstitutional by ~ny cnurt of
compete~,t Jurisdiction. the ren'.~inder ~ th~ agreement shall '~ot be affected and
shall conhnue to be enforceable under the terms of this agreement.
NO?ICES.. Notices under this Ag,semen! shall be addressect to tl~e parties as
indicated below, unless changed by wr,ttc-~ ncbce to such effect, and ehati be
effaced when delivered or when depesited in the U.S. mall, poslage prepaid,
certifi~t, relurrt receipt requested
Page 5 of §
R32810BIAppVIII.doc VIII-5
Xllt.
XIv.
XV,
XVL
A City ot Corpus C~rist~
A~:ln: Cit~/Manager
P O Box 9277
C[~[pus Chdsti, Texas
Telephone; (361)
Fa~lml[e: (361) 680-~39
C'ty of Po~ Aren~a~
A~: City Mana~r
710 West A~nue A
Pod Aransas, Texas 784
Telephone; (361} 749~111
Facs~i[e: (3~l) 749-4723
C. N~ces C~nw
AEn; Cou~y Judge
901 Le~e~d
Cnrpus Chdsa, Texas 7~01
Telephone: (36f) 888-0444
F~sim[~: (361) 888*0445
PERFORMANCE. This agreement sh~[ be pcdormed in Nueces an~ Kleberg
Coup, Texas, ~ shall be 9ovemed by Ihs ~aws of the Stale of Texas.
NO BENEFIT TO THUD PARTIES. This Agr~ment is so~ly [or the benef~[
tbs ps,flies to l~is egreeme~t, and ~ot for the benefl[ of any third pa~.
ASSIGNMENT. This ~ment ts b'~ding ~pon acd ir]ur~ lo the benefit or,he
pa~s Io tl~s Agr~ment and their respective succes~m a~ ~rmEted
This Agreemenl may not be assi~n~ by any pa~ ~tho[d ~e w,[~en consent of
a~l of Ihs cthe~
E~TIRE AGREEMENT. ~is Agre~t ~epre~n~ ~he an~Jre agreement
~en the pa~ies an~ may net be mo~d by e~y ora~ ag~ements or
understandings Any amendments mu~ be made in writl~ and sign~ by att
pa~i~, as p~vid~ In Se~n Vii of this agmeme~L
EFFECTIVE DATE. ~s agr~me-tt fs effectiw on the date when ~he
Page 6 ef 8
R32810B1AppVIII.doc VIII-6
EXECUTED by the CiD/of Corpus Chnsti on the _/'~/~ day 0¢.,~//?'~,. 2002
ATTEST:
A'mando Chap=
City Secretary
APPROVED AS TO FORNt:
James R. Bray, Jr.
City Attorney
F(rm Assistant ~ity Attorney
EXECUTED by the City of Part Aransa$, on the
ATTEST:
day of 2002.
CITY OF PORT ARANSAS
City Mar, ager
Pa.q~ 7 of 8
R32810B1AppVlll.doc VIII-7
EXECUTED by the County ol Nueces. On the _. _ day of_
,~?, :~,: ,,* ~.....: ~., ,,..,
'.;' '~ED AS TO FORM
Cou~y Aff~mey ~-"
,2002.
COLJN,,.~ OF NUE~CES
Page 8 of 8
R32810B1AppVlII.doc VIII-8
,t, TI'AC['II~I/~ N'I' A
R32810B1AppVlll.doc VIII-9
(~hrlst~
'NA~
L~g~,ma
Mads, e
~.? of
"' fl~exlco
ATTA~HM£NT B
R32810B1AppVllLdo¢ VIII-10
$1Ond;rd OperQting Procedures
Christi, City of Per{ Aransas, and Nuecas Ce'~nbj re~ating t(3 the sale and enf;3;c~rnent of
beach parting permils establishes 1he ir, itiai standa~l operating p;ocedu~es for tine
Mustan§ and North Padre Islands beach pa;king system
(Du ring Ibis i;lilial period, ;;he $6 I~ee will run fram March 1 until De(3. 31 or
3 The C{b/of Port ^ransas will be he'd ,~armless ~,urir~g ~;he initial period
Revenues will be held by each enlity ~n a segregated account and Wilt be
clea~ed by each entity.
R32810B1AppVIILdoc VIII-1 1