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HomeMy WebLinkAbout027066 ORD - 12/12/2006Page 1 of 6 AN ORDINANCE RENUMBERING ARTICLE X OF THE CHARTER TO PROVIDE FOR THE INCLUSION OF THE RECENTLY ADOPTED CHARTER SECTION; PROVIDING FOR AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY WHEREAS, at an election held on November 7, 2006, the voters of the City of Corpus Christi approved an amendment to Article X of the Charter; WHEREAS, Article X, Section 15 of the Charter provides for the rearrangement and renumbering of Charter articles sections, and paragraphs, including amendments, by adoption of an ordinance: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the newly adopted section to Article X of the Charter is entitled "Certain restrictions of vehicular access to the Gulf beach" and shall be numbered Section 4, to read as follows: Sec. 4. Certain restrictions of vehicular access to the Gulf beach. Vehicular access to and on the Gulf beach may not be restricted unless approved by a majority vote of qualified voters of the City, voting at an election duly called for such purpose. Thereafter, the City Council may take appropriate action to restrict vehicular access to and on specific portions of the Gulf beach and comply with all other requirements necessary to implement the result of the election. The approval at election requirement shall not apply when vehicles are restricted from access to areas of the Gulf beach for public necessity. "Public necessity" shall be limited to environmental emergencies, public health and safety emergencies, and government functions whose importance justifies the restriction of vehicular access. The restriction of vehicular access for public necessity shall be limited to the smallest possible area and for the shortest possible duration. SECTION 2. That section 4 of Article X "Existing ordinances" is renumbered as Section 5 and shall read as follows Sec. 45. Existing ordinances. All ordinances of the city not inconsistent with the provisions of this Charter, shall remain in full force and effect until altered or repealed by the city council; provided, that the power to pass such ordinances under former charters has not been repealed expressly or implied by the terms of this act. H , LEG- D1R\SharedvGarySagenda'2006 \12 -12 Ord -ArtX renumber? doc it 6 6 Page 2 of 6 SECTION 3. That section 5 of Article X "Printed ordinances as evidence" is renumbered as Section 6 and shall read as follows: Sec. 66. Printed ordinances as evidence. All ordinances of the city published in book or pamphlet form and purporting to be published "By authority of the City Council of the City of Corpus Christi," shall be received by all the courts of the State of Texas as prima facie evidence of the due passage and publication of such ordinances as appear therein; provided, that no person shall be precluded from showing by competent evidence, that any ordinance published "By authority of the City Council of the City of Corpus Christi," as aforesaid, is not a true copy of the original ordinance. SECTION 4. That section 6 of Article X "City not required to give bond" is renumbered as Section 7 and shall read as follows: Sec. 67. City not required to give bond. It shall not be necessary in any action, suit or proceeding in which the city is a party for any bond. undertaking or security to be demanded or executed by ore on behalf of said city in any of the state courts, but all such actions, suits, appeals or proceedings shall be conducted in the same manner as if such bond, undertaking or security had been given as required by law, and said city shall be just as liable as if security or bond had been duly executed. SECTION 5. That section 7 of Article X "Public property exempt from execution sale" is renumbered as Section 8 and shall read as follows: Sec. 78. Public property exempt from execution sale. The property, real and personal, belonging to the city shall not be liable to be sold or appropriated under any writ of execution, nor shall the funds belonging to the city in the hands of any persons be liable to garnishment, but the city manager shall answer in a writ of garnishment for the city SECTION 6. That section 8 of Article X "City inhabitants, freeholders or taxpayers not disqualified" is renumbered as Section 9 and shall read as follows: Sec. 89. City inhabitants, freeholders or taxpayers not disqualified. No person shall be an incompetent judge, justice, witness or juror by reason of his being an inhabitant or a freeholder, or a taxpayer of the city in any action or proceeding in which said city may be a party at interest. H ;LEG- DIR\ Snared\GaryS \agendav:2006`,12 -12 C)rd -ArtY renumber��_doc Page 3 of 6 SECTION 7. That section 9 of Article X "Notice of personal injuries required" is renumbered as Section 10 and shall read as follows: Sec. 910. Notice of personal injuries required. Before the city shall be liable for damages for personal injuries of any kind, the person injured or someone in that person's behalf shall file with the city secretary in the manner prescribed by ordinance notice in writing of such injury within one hundred eighty days after the same has been sustained, reasonably describing the injury claimed and the time, manner and place of the injury. The failure to so notify the city within the time and manner specified herein shall exonerate, excuse and exempt the city from any liability whatsoever. SECTION 8. That section 10 of Article X "Assessment and improvement districts" is renumbered as Section 11 and shall read as follows: Sec. a -011. Assessment and improvement districts. (a) The city shall have the power to establish assessment districts, in the manner hereinafter provided. for the purpose of constructing public improvements within said districts and to provide that the cost of making any such improvements shall be paid by the property owners owning property specially benefited by reason of making the improvements. The city may levy a special assessment as a lien against any such property and issue certificates of obligation covering the cost of such improvements bearing interest not to exceed the maximum legal rate. No assessment district shall be created without first submitting the question to a vote of the qualified voters in the city who own real estate in the proposed district. If the returns of the election show that two - thirds or more of the qualified voters of the city who own real estate in the proposed assessment district voting in the election voted in favor of the proposition, the city council shall create the assessment district and establish its boundaries. All matters pertaining to any assessment lien for public improvements shall be made in substantial compliance with the laws pertaining to street improvements. (b) The city shall have power to establish improvement districts, in the manner hereinafter provided. in order to assist in the development of commerce, tourism, resort activity. and convention accommodation for the promotion of the welfare of the city. Within any such improvement district, the city council shall have the power to lease, sublease or provide for the installment sale of any city -owned improved or unimproved land, or any interest therein, for any governmental or private use, at its fair market value as determined by the city council without the necessity of voter approval. The term of any such transaction shall not exceed sixty years. An improvement district under this subsection shall be established by the council subject to approval by a majority vote of the qualified voters of the city voting at an election called for approval of the establishment of the district. The metes and bounds description of any such district, as approved by election, shall be kept on file in the office of the city secretary as part of the public records of the city, and any improvement district established by Charter H .LEG -DIR\ Shared \Gary_ agenda. 2006v12 -1 \Ord-Art< renumber2 doc Page 4 of 6 amendment prior to the adoption of this provision shall be maintained in full force and effect and shall be subject to the provisions of this section. SECTION 9. That section 11 of Article X "Council action validated" is renumbered as Section 12 and shall read as follows Sec. 1412. Council action validated. Acts of the city council previously enacted in granting franchises, assessing and collecting taxes, and the disbursement of same, the enforcement of its ordinances by criminal proceedings or otherwise, the collection of fines and the disbursement of same and any and all enforcement of the penal laws of this state, are hereby in all things validated and made as ,valid and binding as if passed by a legal city council. SECTION 10. That section 12 of Article X "Construction of Charter" is renumbered as Section 13 and shall read as follows Sec. 4 -213. Construction of Charter. This Charter shall not be construed as a mere grant of enumerated powers, but shall be construed as a general grant of power and as a limitation of power on the government of the city in the same manner as the Constitution of Texas is construed as a limitation on the powers of the legislature. Except where expressly prohibited by this Charter, each and every power under Article XI, Section 5 of the Constitution of Texas, which it would be competent for the people of the city to expressly grant to the city, shall be construed to be granted to the city by this Charter. SECTION 11. That section 13 of Article X "Judicial notice" is renumbered as Section 14 and shall read as follows: Sec. 4 314. Judicial notice. This Charter shall be deemed a public act, may be read in evidence without pleading or proof, and judicial notice shall be taken thereof in all courts and places. SECTION 12. That section 14 of Article X "Separability clause" is renumbered as Section 15 and shall read as follows: Sec. 4415. Separability clause. If any section or part of a section of this Charter is held to be invalid or unconstitutional by a court of competent jurisdiction, the same shall not invalidate or impair the validity, force or effect of any other section or part of a section of this Charter. SECTION 13. That section 15 of Article X "Rearrangement and renumbering" is renumbered as Section 16 and shall read as follows: H: LEG -DIP\ Shared \Gary\ agenda \2006\12- 12' \C)rd -4rX renumber2 doc Sec. 1-516. Rearrangement and renumbering. The council shall have the power, by ordinance, to renumber and rearrange all articles, sections and paragraphs of this Charter or any amendments thereto, as it shall deem appropriate, and upon the passage of any such ordinance a copy thereof, certified by the city secretary shall be forwarded to the secretary of state for filing. SECTION 14. 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 15. The City Secretary shall forward a certified copy of this ordinance to the Secretary of State Page 5 of 6 SECTION 16. This ordinance takes effect upon and after publication of this ordinance. SECTION 17. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action effectuate the results of an election and necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the 12th of December 200E ATTEST JI i ry- -7 ti t Armando Chapa City Secretary APPROVED as to form December 6, 2006 By:.� G W. Smith Assistant City Attorney For City Attorney CITY OF CORPUS CHRISTI LAS.. H:, LEG -DIR\ S hared \GarySlagenda12006\12- 121Ord -ArtX renumber2 doc Henry Garre Mayor Page 6 of 6 C r us Christi, Texa Day of ixCtmher 2006 10 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 •Df the City Council. Respectfully, Council Members Respectfully, 144.2, He ry Garret Mayor The above ordinance was passed by the following vote: Henry Garrett Brent Chesney John E Marez Melody Cooper Jerry Garcia Bill Kelly Rex A Kinnison Jesse Noyola Mark Scott h LEG -DIR\ Shared \GaryS\agenda2006\12- 121Ord -ArtX renumber2 doc 02 '7066 State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 5635695 PO # !6 Before me, the undersigned, a Notary Public, this day personally came Sandra Orum, who being first duly sworn, according to law, says that she is Legal Sales Representative 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 DECFMB, 2006. $82.20 OC-raceu lateryLJ Legal Sales Representative TWO (2 ) Time(s) Subscribed and sworn to me on the date of 19 t 'i Ott Notary Public, Nueces County, Texas Michelle Cabrera Print or Type Name of Notary Public My commission expires on March 19, 2008. NOTICE Qff PASSAGE' OF ORC NANCE NO. 027666 Ordinance renumbering Article X of the Charter to provide for the nclusion of the recently adopted Charter section providing for an effective date. This ordinance was passed and approved by the City Council of the Clty of Corpus Christi on December 12, 2006. /s/ Armando Cheva City Secretary qv of Corpus_Chris9t