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Home My WebLink About026526 ORD - 10/18/2005 ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 10, BEACHFRONT MANAGEMENT AND CONSTRUCTION, REGARDING THE ELIMINATION OF VEHICULAR TRAFFIC ON THE BEACH SEAWARD OF THE PADRE ISLAND SEAWALL, THE DIRECTION OF TRAVEL BETWEEN WHITECAP BOULEVARD AND PADRE BALLI PARK; ESTABLISHING A PEDESTRIAN SAFE AREA; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND PROVIDING A DELAYED EFFECTIVE DATE. WHEREAS, the Section 15.7(h) of the Beach and Dune Rules established by the Texas General Land Office, under the authority of the Texas Open Beaches Act, authorizes local governments, with the prior approval of the General Land Office, to close portions of the publiC beach to vehicular traffic, if adequate parking is provided on or adjacent to the beach to accommodate one car for each 15 linear feet of beach that is closed; WHEREAS, the Padre Island seawall is 4216.5 feet long; WHEREAS, the City of Corpus Christi owns 2.9 acres (126,441.41 square feet) of land adjoining the seawall, which is adjacent to the public beach; WHEREAS, the City is constructing a parking lot that will accommodate 310 cars; WHEREAS, the parking lot is adequate to provide parking for at least one car for each 15 feet of beach seaward of the seawall that is closed to vehicular traffic; WHEREAS, ingress and egress access to the beach is provided for vehicles at each end of the seawall; WHEREAS, ingress and egress access to the beach is provided for pedestrians along the entire length of the seawall by a perpetual easement that has been granted in favor of the publiC affording pedestrians noncommercial use along and over the entire length of the seawall and adjacent sidewalk; WHEREAS, signs will be conspicuously posted to explain the nature and extent of vehicular controls. parking areas, and access points; WHEREAS, it has been the City's long term plan to close the beach seaward of the seawall once the City constructed a parking lot on City owned property adjacent to the seawall; WHEREAS, Policy Statement II.B.3 of the City of Corpus Christi, Texas, Dune Protection and Beach Access Plan, adopted on February 28. 1995, an element of the City's Comprehensive Plan, provides that "Subsequent to the purchase and development of the parking lot landward of the seawall, the City will take action to close permanently the beach seaward of the Seawall to vehicular traffic for safety purpose;" R50504A4.doc II ') C t: ') C' &.. {"1 . J J_ f) 2 WHEREAS, Policy Statement C 15. MUSTANG-PADRE AREA DEVELOPMENT PLAN, adopted by City Council Ordinance #025725 on April 20, 2004, an element of the City's Comprehensive Plan, provides the "in order to create a safe day use beach area in front of the sea wall, traffic will be prohibited once a public parking area is constructed, .. once a 300 space parking lot is available on the existing city land located adjacent to the seawall: WHEREAS, the 74th Texas Legislature recognized this plan when in 1995 it adopted ~61.017(c)(1 )(B) of the Texas Natural Resources Code, which in recognizing the seawall as the line of vegetation required the fee title to the surface estate to an area for public parking and other public uses adjacent to the seawall be conveyed to and accepted by a public entity, which area contains sufficient acreage to provide at least one parking space for each 15 linear feet of the seawall: WHEREAS, the 2.9 acres of land owned by the City, on which the parking lot is being constructed, satisfies that obligation; WHEREAS, the closing of the portion of the public beach seaward of the Padre Island seawall will provide a family safe area for the public to use the beach without being exposed to the dangers posed by vehicles driving on the beach;-aAG WHEREAS, the public's right to access is protected by the existing access and the availability of public parking adjacent to the public beach and seawall; WHEREAS. with the exceotion of the beach seaward of the seawall. it is the oolicv of the City of Corous Christi. as adooted in Policy Statements B.33. and C.13. MUST ANG- PADRE AREA DEVELOPMENT PLAN. adooted by City Council Ordinance #025725 on AQ!:il 20. 2004. an element of the City's Comorehensiye Plan to maintain vehicle access alona the Gulf beach unless necessary for an overwhelmina oublic safetv concern: WHEREAS. the City of Comus Christi does not intend to close any other stretches of beach within its iurisdiction to vehicular traffic. other than the temoorary oublic safetv closures authorized by &10-81. Code of Ordinances. for oeriods of extremely hiah water: WHEREAS. bv the adoDtion of this ordinance the Citv Council is directina the City Manaaer not to orocess any reauests for the closure of the beach to vehicular traffic that may be submitted bv a littoral orooertv owner; WHEREAS, bv the adootion of this ordinance the City's staff is directed to take action necessary to ensure there is access for oersons with disabilities from the oarkina lot down theseawall to the beach: WHEREAS. the by the adootion of this ordinance the City's staff is directed to develoo a definitive olan to add amenities to the seawall oarkina lot. includina restrooms. liahtina. etc. these actions would need to be develooed for action within this Council term' and WHEREAS. the City of Comus Christi will not install oarkina meters or charae for oarkina on the seawall oarkina lot ",50504A4 3 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 10-73(f), Code of Ordinances, is repealed. "Sec. 10-73. Vehicular operation. * * * * * "(f) Vehicular traffic shall operate as one way in a southerly direction between Whitecap Boulevard and Beach Access Road 'It 1." SECTION 2._Section 10-77(e), Code of Ordinances, is amended to read as follows: Sec. 10-77. Pedestrian safe areas. * * * * * Ie) The city manager may shall establish as a pedestrian safe area that portion of the Gulf beach seaward of the concrete portion of the Gulf seawall, until the beach seaward of the concrete portion of the seawall has been renourished as determined by tho city manager. SECTION 3. Section 1 0-80( e), Code of Ordinances, is repealed. "Sec. 10-80. One-way traffic on beach and access roads. * * * * * "(e) Vehicles travelling on the Gulf beach between the northern end of the seo'NolI and Padre Balli Park may only travel in a southerly direction." SECTION 3. Section 10-81, Code of Ordinances, is revised to read as follow: "Sec. 10-81. Portions of the beach closed. "00. The city manager, or the city manager's designee, is authorized to close portions of the beach to all vehicle traffic for declared safety reasons during periods including, but not limited to, extreme high tides, such as storm tide and "spring" tide events, and when less than a twenty-five-foot corridor along the beach is available for vehicular traffic. "ib) Except for emerqencies vehicles. vehicles used to maintain the beach. or vehicles used to provide beach related services under a permit issued bv the City. the beach seaward of the Padre Island seawall is closed to vehicular traffic. and drivinq on this portion of beach is prohibited." R50504A4DOC 4 SECTION 4. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1-6 of the City Code of Ordinances. 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. SECTION 7. This ordinance takes effect on the latter of (a) the approval of these changes to the City of Corpus Christi's Dune Protection and Beach Access Plan by the General Land Office or (b) the completion of the construction and opening to the public of the City's Padre Island seawall parking lot. R50504A4DOC 5 That the foregoing ordinance Vjas re~ for the first time and passed to its second reading on this the ~ day of , _ ( ~-' .. -t.~ ,2005, by the following vote: Henry Garrett Brent Chesney ( +' \(' ~---~- l Lif-. i i ".~". '....... ~- ~ , LVy.-. J i_<<)-~-.--.. Rex A. Kinnison ~r- CY:'f --4- ~;t-' John Marez Melody Cooper Jesse Noyola Jerry Garcia Mark Scott Bill Kelly Thatthe foregoin9.--~:>r . agce was read for the second time and passed finally on this the _" b!:'day of ." c ..-o--e- L ,2005 by the following vote: Jerry Garcia -Lv-y. u ;~V ---~f lu~ ( ,J,v1Ut/\- PASSED AND APPROVED, this the I ~-\1--day of Rex A. Kinnison ~ ~ , rht. ~ Henry Garrett Brent Chesney John Marez Melody Cooper Jesse Noyola Mark Scott Bill Kelly Cct-{l--6-f/ '- ,2005. ATIEST Arm!n~- City Secretary APPROVED: 18th day of October, 2005. ~ Mayor A /~-;) -_/ ~ / / R. Ja er'ning / First Assistant City Attorney for City Attorney 5 () 2 G ;; :: R , "~,I . PUBLISHER'S AFFIDAVIT , ' .,:" ~~\\~SG State of Te~CC' 3 \ .\ f County of Nueces ss: CITY OF CORPUS CHRISTI Ad # 5331680 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 24TH day(s) of OCTOBER, 2005. $110.21 bLtl./lJ-l ctj ~.5~ SENIOR COLLECTOR TWO (2 ) Time(s) Subscribed and sworn to me on the date of OCTOBER 25, 2005. rlltc~~ Notary Public, Nu es County, Texas Michelle Cabrera Print or Type Name of Notary Public My commission expires on March 19. 2008. .~olIl MJC'iEllE JO\';~E CAMERA \1\ CUW..4iSC;ir~:: (}I)IRES ;,jamh ; 8 2008 '.. .-QF PASSAG~ of NANCE NO. ~ 028526 i AmendIng the Code of I OrdInances, CIly of Corpus Christi.: Chapter 10, BeIlchfronl Management and Construction" regarding the elimination of vehiCular traflle on the bNclh seaward of the Padre Island Seawall, the direction of travel between Whitecap Boulevard and Padre Balli Parte; .......Ing a ped4!atrIan .... area; provldll'lg for penalties; and providing a delayed effective date. This ordinance waa passed and approved ~ ... CIIly CdlRiI 01 .. City of CQrpca ~ on 0ckII* .18, 2005. ~. Is! Armando ChBP,8... ~ City SecretalJlll