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Home My WebLink About026208 ORD - 04/12/2005 AN ORDINANCE AMENDING THE SECTION 10-86, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, AND THE CORPUS CHRISTI, TEXAS, DUNE PROTECTION AND BEACH ACCESS REGULATIONS TO ADOPT THE CITY OF CORPUS CHRISTI BEACH USER FEE PLAN; INCREASING THE BEACH PARKING PERMIT FEES; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 10-86 is amended by adding a new subsection (d) to read as follows: "Sec. 10-86. Beach user fees. * * * * * "(d) Appendix XVII contains the City of Corpus Christi Beach User Fee Plan, as required by Section 15.8(d), Title 31, Texas Administrative Code." SECTION 2. The Corpus Christi, Texas, Dune Protection and Beach Access Regulations, as adopted by Ordinance 022164 on February 28,1995, is amended by adding at Appendix XVII, City Of Corpus Christi Beach User Fee Plan to read as follows: "APPENDIX XVII "CITY OF CORPUS CHRISTI BEACH USER FEE PLAN "(1) Description of the current beach access system within the City of Corpus Christi, as demonstrated through evidence such as photographs, surveys, and statistics regarding the number of beach users: . "Beach Access Road # 1 (maintained by City of Port Aransas). · "Beach Access Road #1A (maintained by City of Port Aransas). . "By traveling south along the beach from Beach Access Road # 1A, which is in and maintained by the City of Port Aransas. There are 3.73 miles of beach between the Port Aransas city limits and Beach Access Road #2. The City of Corpus Christi requires a beach parking permit on this stretch of beach. · "Beach Access Road # 2 (maintained by City of Corpus Christi). From the intersection of Beach Access Road #2 a person can travel north to the City of Port Aransas and south to the northern Fish Pass jetty in Mustang Island State Park. There are 3.73 miles of beach within the City of Corpus Christi north of this access road and 1.57 miles of no fee beach within Mustang Island State R54202A3.doc 0:26208 2 Park. The City of Corpus Christi has designated the 0.44 miles of beach between this access road and the northern boundary of the State Park as a no- fee beach. . "Mustang Island State Park Entrance Road, which is located within Mustang Island State Park, an exempt area. An entrance fee is required. This provides access to beaches between the Fish Pass south jetty and the barriers north of Beach Access Road # 3. There are 2.26 miles of state park fee beach serviced by the entrance road. . "Beach Access Road # 3 (maintained by Mustang Island State Park). From Beach Access Road # 3 a person can travel south along the beach. There are 2.03 miles of beach between Beach Access Road # 3 and the Newport Beach Access Road. The first 1.24 miles south of the access road are within the State park. The next 0.79 miles of beach is owned and maintained by Nueces County. Nueces County requires a beach parking permit on this 0.79 mile stretch of beach. . "Newport Pass Beach Access Road (maintained by Nueces County). There are 1.20 miles of beach between Newport Pass Beach Access Road and Zahn Road. The first 0.79 miles of beach is owned and maintained by Nueces County, as part of the Beattie Natural Area. The next 0.41 miles of beach is under private ownership. Nueces County currently requires a beach parking permits for the 0.79 miles of beach that is owned by the County. The City of Corpus Christi requires a beach parking permit on the 0.41 mile stretch of beach under private ownership. . "Zahn Road (maintained by City of Corpus Christi). There are 0.08 miles of beach between Zahn Road and the Packery Channel North Jetty. The City of Corpus Christi requires beach parking permits on this stretch of beach. . "Beach Access Road # 3-A via Windward Drive (maintained by City of Corpus Christi). There are 0.35 miles between the Packery Channel South Jetty and Beach Access Road # 3-A, and there are 0.81 miles of beach between Beach Access Road # 3-A and Whitecap Boulevard. The beach between Beach Access Road # 3-A and Whitecap Boulevard is in seaward of the North Padre Island Seawall. This stretch of beach is frequently closed to vehicle traffic due high water conditions. The City of Corpus Christi requires beach parking permits on this stretch of beach during periods the beach is open to vehicular traffic. . 'Whitecap Boulevard (maintained by City of Corpus Christi). This access road marks the southern end of the seawall. There are 0.21 miles of beach between Whitecap Boulevard and Beach Access Road #4. The beach is owned by the General Land Office. The City of Corpus Christi requires beach parking permits on this stretch of beach. R54202A3.doc 3 · "Beach Access Road # 4 (owned and maintained by Nueces County). This beach access road is the northern end of Padre Balli Park, which is owned and maintained by Nueces County. There are 2.43 miles of beach between Beach Access Road # 4 and Beach Access Road # 6. Nueces County requires a beach parking permit on 0.94 miles of beach. 0.29 miles of this stretch are designated as no-fee beach. . "Beach Access Road # 5 (owned and maintained by Nueces County). This beach access road is within Padre Balli Park, owned and maintained by Nueces County. · "Padre Balli Park Entrance Road (owned and maintained by Nueces County). This beach access road is within Padre Balli Park, owned and maintained by Nueces County. · "Beach Access Road # 6 (Owned and maintained by Nueces County). This beach access road is the southern end of Padre Balli Park, owned and maintained by Nueces County. There are 8.08 miles of beach between Beach Access Road #6 and the north beach access road within Padre Island National Seashore (PINS). Beach parking permits are currently required on the 0.23 mile stretch of beach in Nueces County and 1.57 miles of beach in Kleberg County. There are 7.85 miles of beach in Kleberg County that are not in PINS, and 1.20 miles of beach within PINS. The City of Corpus Christi has designated 0.10 miles of beach in Kleberg County as a no-fee beach. · "Beach Access Road "North" (located within Padre Island National Seashore, an exempt area). No entrance fee required. The beach is barricaded by PINS south of this access road. "Tab 1 is an aerial photograph that shows the locations of the beach access roads and identifies the fee vs. no-fee beaches within the City of Corpus ChristL "Appendix VII, City of Corpus Christi Dune Protection and Beach Access Regulations identifies the fee vs. no-fee beaches. "Approximately 8 - 12 million visitors use these beaches on Mustang and North Padre Islands each year. However, there are no available vehicle traffic counts on the access roads. "(2) list and description of all existing beach user fees charged by the local government and by all other local governments in the same county: "City of Corpus Christi -- $12.00 per calendar year. "City of Port Aransas -- $12.00 per calendar year "Nueces County -- $12.00 per calendar year. R54202A3.doc 4 "Kleberg County - None "(There are 1.58 miles of beach in Kleberg County within the City of Corpus ChristL The southern most 0.10 mile, which abuts the unrestricted beach in Kleberg County, has been designated as a no-fee beach.) "(3) Provide all legal authority, including local ordinances that authorize the collection of existing beach user fees: "Article VI, Chapter 10, Code of Ordinances, City of Corpus Christi, authorizes the collection of beach user fees. This article is part of the City of Corpus Christi's General Land Office approved Dune Protection and Beach Access Plan, which the City of Corpus Christi refers to as the City of Corpus Christi Dune Protection and Beach Access Regulations. "The governing bodies of the City of Corpus Christi, City of Port Aransas, and Nueces County have executed an interlocal agreement relating to the Mustang and North Padre Island Beach Parking Permit System. Appendix VII, City of Corpus Christi Dune Protection and Beach Access Regulations contains a copy of the interlocal agreement; the first amendment to Attachment C of the interlocal agreement, which is the Mustang and North Padre Island Beach Parking Permit System Standard Operating Procedures, and which sets the fee upon TGLO approval. "(4) Analyze and state of how the proposed user fee is or is not consistent with state standards in TGLO regulations for preserving and enhancing public beach access "The Mustang and North Padre Island Beach Parking Permit System fees only apply to vehicles that are parked on certain beaches within the three jurisdictions. No beach parking permit fees will be collected from vehicles parked on "no fee beaches", including the beach in Port Aransas between the jetty and Caldwell Pier (I. B. McGee County Park) and between mile marker 52 and mile marker 58, the no fee beaches within Mustang Island State Park, the beach between the northern boundary of Mustang Island State Park and Beach Access Road # 2, the no fee portions of the beaches within Nueces County's Padre Balli Park (paved parking areas between the road and sand), and 0.10 miles of beach located within the area of the City of Corpus Christi that is within Kleberg County. "A beach parking permit is not required for pedestrian access to any beaches within the three jurisdictions, nor is a fee required to drive on any beaches. "The revenues from beach user fees will be used only for beach-related services, as defined in 30 TAC 15.2(11), including costs relating to: · "Ensuring safe use of and access to and from the public beach, including vehicular controls, management, and parking regulations. · "Acquisition and maintenance of off-beach parking and access ways. R54202A3.doc 5 · "Sanitation and litter control, including providing and servicing trash receptacles. · "Providing lifeguard and lifesaving services. · "Beach maintenance, including removal of debris and relocation of seaweed. . "Law enforcement · "Beach nourishment projects. · "Beach/dune system education. · "Beach/dune protection and restoration projects. · "Providing public facilities such as portable restrooms, showers, and picnic areas. · "Permitting of recreational and refreshment vendors. "Not more than 10% of the beach parking permit revenues will be used for reasonable administrative costs directly related to beach-related services. Both cities and Nueces County will send quarterly reports to the General Land Office stating the amount of beach user fee revenues collected and itemizing how beach user fee revenues are expended. "In the 28.77 miles of beach between the South Jetty at Port Aransas and the north beach access road in Padre Island National Seashore, there will be over 11.1 miles of free beach (38.6%) available to the public. "(5) Describe how the beach user fee relates to beachfront construction, vehicular controls, and parking, and dune protection within the City of Corpus Christi: "The Mustang and North Padre Island Beach Parking Permit System beach user fees do not directly relate to beachfront construction. The beach user fees are used to fund some of the costs incurred by the jurisdictions to control vehicular traffic, particularly during high use periods. The beach user fees only have a tangential effect on dune protection. The beach user fees enhance dune protection through the jurisdictions' beach/dune system education efforts (including warning signs and information kiosk), law enforcement activities (including enforcing prohibitions on operating vehicles within the dunes), and through beach/dune protection and restoration projects (including the use of Christmas trees and seaweed to create new coppice dunes). R54202A3.doc 6 "(6) State any short-term or long-range goals relating to the collection and use of beach user fees: "Short term goals. If there are adequate revenues, which are dedicated to beach related services (including the beach parking permit fees, grants from the Texas General Land Office for beach cleaning and maintenance under their Beach Maintenance Reimbursement Fund Program, and municipal hotel tax revenues collected under 5351.107(e), Texas Tax Code), the City will use the beach parking permit fees to try to maintain and enhance the following level of beach services: "Trash collection -- "Trash cans are available every 1/10 mile during peak and off-peak seasons. The number of trash cans at most 1/10 mile markers is increased during the peak season. "Trash is collected twice a week on Mondays and Fridays during peak and off-peak seasons. "Trash is collected daily on holidays weekends, during special events, and other weekends during the peak season with heavy beach use. "Loose trash on the sand is picked up on a daily basis. "Servicing portable sanitary facilities -- "Portable sanitary facilities are provided on beaches maintained by City during the peak season. "Portable sanitary facilities are provided between the Port Aransas city limits and Access Road 2. "No portable sanitary facilities are provided between Access Road 2 and Mustang Island State Park. "Portable sanitary facilities are provided between the southern boundary of the Nueces County's Newport Pass property and Zahn Road. "Portable sanitary facilities are provided between the Zahn Road and the north end of the Padre Island seawall. "Portable sanitary facilities are provided between south end of the Padre Island seawall and Padre Balli Park. "No portable sanitary facilities are provided south of Padre Balli Park. R54202A3.doc R54202A3.doc 7 "During the off-season, a limited number of portable sanitary facilities are provided between the Port Aransas city limits and Access Road 2 and between the southern boundary of the Nueces County's Newport Pass property and Nueces County's Padre Balli Park.. "The portable sanitary facilities are pumped out twice a week during the peak season and once a week during the off-peak season. "The portable sanitary facilities are cleaned on a daily basis. "Beach cleaning, including removal of heavy seaweed - "The beaches are cleaned on a daily basis. "Extra effort expended before Spring Break, holiday weekends, and special events. "Extra effort expended during periods with heavy inundation of seaweed. "Law enforcement, including animal control and fire prevent- "Beaches are patrolled by random ad hoc police patrols during each twenty four hour period during off-peak season. "Frequency of random ad hoc police patrols is increased during peak season, with a heavier police presence during high use periods. "Special traffic/crowd control measures are implemented during high use periods, especially during Spring Break, holiday weekends, and special events. "Lifeguard, lifesaving, and emergency medical services - "Provided between hours of 12 noon and 6:00 p.m., seven days a week during Spring Break and from Memorial Day weekend through Labor Day. "Provided between hours of 12 noon and 6:00 p.m., on weekends during September and October. "Notes: "Peak season is from March 1 to October 31. "Off-peak season is from November 1 to the last day of February. 8 "If there are inadequate revenues to meet the City's short term goals, the City will adjust the level of beach related services that are provided. "The City will try to maintain the highest level of services on the following beaches maintained by the City: "The beaches in front of the condominium projects that generate the municipal hotel tax revenues collected under 9351.107(e), Texas Tax Code. These are the beaches between the Port Aransas city limits and Beach Access Road # 2. "The beaches between the Nueces County Newport Pass beach and Nueces County's Padre Balli Park. These beaches have the highest usage. "The beaches between Beach Access Road # 2 and Mustang Island State Park will be assigned the next priority. "The beaches in Kleberg County will be assigned the lowest priority. "Long term goals. If there are adequate revenues, which are dedicated to beach related services (including the beach parking permit fees, grants from the Texas General Land Office for beach cleaning and maintenance under their Beach Maintenance Reimbursement Fund Program, and municipal hotel tax revenues collected under 9351.107(e), Texas Tax Code), to meet the City's short term beach services goals, the City will use a portion of the beach parking permit fees to establish a beach services trust fund that can be used for the following beach related projects: "Provide all weather off-beach parking area adjacent to seawall on North Padre Island "Provide improved recreational amenities as part of North Padre Island Storm Protection and Restoration Project "Create and delineate pedestrian safe areas "Acquire and construct additional beach access, including construction of roads and pedestrian dune walkovers available to the public "Create additional off beach parking areas "Establish a program for the periodic replacement and upgrading of vehicles and equipment used to provide beach related services." R54202A3.doc 9 SECTION 3. The fee schedules for beach parking permits prepared by the City Manager under Section 10-86(a)(1), Code of Ordinances, shall impose a fee of $12.00 per calendar year, 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 4. This ordinance goes into effect upon the General Land Office's certification for consistency, under ~15.8(e) of Title 31 of the Texas Administrative Code, of the $12.00 beach parking permit fee, the amendments to Section 10-86, Code of Ordinances, and the addition of Appendix XVII to the City Of Corpus Christi, Texas, Dune Protection And Beach Access Regulations. 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. 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 7. 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. R54202A3.doc 10 That the foregoing ordinan~ 'fVas read for the first time and passed to its second reading on this the}..' i t>= day of j "\.ct ~.( ~ , 2005, by the following vote: Brent Chesney lLl \' i Bill Kelly /~, , I ELY -f-i- lLtJ. ~ Samuel L. Neal, Jr. Melody Cooper . , . I Ujl_ I + ~ Rex A Kinnison Javier D. Colmenero Jesse Noyola Mark Scott Henry Garrett I ~ l "{ ~ I Mayor ,2005: R Y elnln First Assista City Attorney For City Attorney ~STE " R54202A3 doc 10 026208 '>\ '-''1e.- \)~- '\ ;. \, ~"\ l)" S '3 0'" pI CIS t>.\'I' (.. , State of Texas County of Nueces PUBLISHER'S AFFIDAVIT } } ss: CITY OF CORPUS CHRISTI Ad # 5180797 PO # Before me, the undersigned, a Notary Public, this day personally came Diana Hinojosa, who being first duly sworn, according to law, says that she is SENIOR COLLECTOR 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 18TH day(s) of APRIL. 2005. $81.16 bL'CU"lfl- (fj Uu~.5~ SENIOR COLLECTOR TWO (2 ) Time(s) Subscribed and sworn to me on the date of APRIL 19,2005. (5;0-')-1 't17O,flLLl ~ Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. TIClE I'MUGE , OF 0IIIlIIIANCE NO. i- Amending Section 10- 86, Code of Ordinances, City of Corpus Christi. and the Corpus Christi, Texas, Dune Protection and Beach Access I Regulations to adopt tho City of eorou. Chrtstl Beach User Fee Plan; increasing the beach parking permit tees; providtng for penalties. This I ordinance was pueed and approved by the ! y~~ofthe City ,- of eoroua Chl1ati on AprtI 12. 2005. fa! Annando Chapa City Sec:retary City of Corpus Christi