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Home My WebLink About027499 ORD - 11/20/2007Page 1 of 3 AN ORDINANCE iANCE AMENDING CHAPTER 12 "BOATS, BAYS AND WATERWAYS," ARTICLE 1 "IN GENERAL," SECTION 12-7 "BATHING, SWIMMING AND WADING PROHIBITED IN CERTAIN WATERS," AND SECTION 12-31 "SLOW, NO WAKE ZONES" OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, TO PROHIBIT SWIMMING, BATHING AND WADING IN THE NAVIGABLE CHANNEL OF PACKERY CHANNEL AND TO ESTABLISH THE PORTIONS OF PACKERY CHANNEL ADJACENT TO DEVELOPED AREAS ALONG PACKERY Y CHANNEL AS A SLOW, NO WAKE ZONE; PROVIDING A SEVERABILITY ABILITY CLAUSE; PROVIDING IDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING IDING Fo PUBLICATION WHEREAS, the use of the navigable channel of Packery Channel by motorized watercraft create a condition that is not suitable and safe for public swimming, bathing and wading; and WHEREAS, the presence of boat ramps into Packery Channel from the Intracoastal Waterway eastward adjacent to the area developed by boat ramps and commercial developments and from the eastern end of the Packery Channel basin, east of the State Highway 361 bridge westward through the residentially developed area adjacent to Packery Channel pose a risk of collision of vessels and erosion of the shoreline unless the speed of vessels in the areas is controlled; and WHEREAS, the City Council has determined that these proposed regulations would best serve public health, safety, and convenience and the general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Chapter 12 "Boats, Bays and Waterways," Article 1 "In General," Section 12-7 "Bathing, swimming and wading prohibited in certain waters" of the Code of Ordinances is amended to read as follows: Sec. 12-7. Bathing, swimming and wading prohibited in certain waters. It shall be unlawful for any person to go into any of the following described waters for the purpose of bathing, swimming ing or wading: fQ) The navigable waterway of Packery Channel from the east side of the John F. Kennedy Causeway to the end of the jetties in the Gulf of Mexico. p 274 9 9 H:1LEG-DIR\ har dl ary lagend \ 0 7111-1 VD D -Pa kery Channel--neswirnnowake.de Page 2 of 3 SECTION 2. Chapter 12 "Boats, Bays and Waterways," Article 1 "In General," Section 12-31 "Slow, No Wake zones" of the Code of Ordinances is amended to read as follows: Sec. 12-31. Slow, No Wake zones. (a) All man-made canals adjacent to and through residential developments and the entire width of Packery Channel fn the I% between 97 deg. 13 min.1 .037sec. west, 27 deg. 37 renin. 42.48 sec. north and 97 deg. 12 rain. 59.069 sec. west, 27 deg=37 min. 42.499 sec. north, west ofadjoin-ing the residential development fronting Packery Channel eastward to the point of intersection of the PckeryChanne! Basin and the Packeryar nel Canal ata line extending between 97 deg, j2,rnin. 42.48 sec. west 27 deg. 37 min. 1.74 sec. north and 97 deg. 12 min. 44,904 sec. west, 27 deg. 36 min. 57.404 sec. north and Packery Channel from the eastern shore of the Intracoastal Waterwaut a line extending tween de min. 19.5 sec. west_,27 deg. 38 min. 2 sec. north and 97 deg. 14 min. 18.075 sec. west, 27 deg. 38 min. 9.472 sec. north eastward to a line t ndin between 97 deg, j4 min. 14.13 sec. west 27 deg. 38 renin. 9.914 sec. north and 97 d 14 min. 6.4 sec. west , 27 deg. 38 rein. 3.169 sec. north shall be designated "Slow, No Wake" zones. Q..utionary signs warning of sharp curves shall be erected at or near each of the roxirratelinet d ree turns in Packery Channel. SECTION 3. 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 hereof be given full force and effect for its purpose. SECTION 4. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION . 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 . That 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. H:1LEG-DII \Shared\ aryslagendal2 07111-201 RD -Packer Channel--noswimnowake Council amend.doc Page 3 of 3 That the foregoing o . finance was read for the first time and passed to its second reading on this the 'day of 14010146GL , 2007, by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel! Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez fOo Michael McCutchon Atic That the ypregoingo divan e was read for the second time and passed finally on this the o��-�lay ofNwibe& , 2007, by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hu melt Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon 4,,, APPROVED AND PASSED on this doZvdaY of ATTEST: • 49 Armando Chapa, ity Secretary APPROVED: November 7, 2007 L) Gary ? Smith Assistant City Attorney For City Attorney X27499 2007. i EFFECTIVE DATE I a Ofi H:ILE -DIR Shared\G ry \agenda\2 O7\11-1 IO D -Pa l ery Channel --no wimnewake.do PUBLISHER'S AFFIDAVIT IT State of Texas J CITY OF CORPUS CHRISTI County of Nueces 1 Ad # 5827123 Po # Before me, the undersigned, a Notary Public, this day personally came ORIS HURTADO, who being first duly sworn, according to law, says that she is LEGAL SALES RE RESET TI 'I E AND EMPLOYEE OF THE PUBLISHER namely, the Corpus Christi Caller -`ins, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Remedy, Kle er , Live Oak, Nueces, Refugio, San Patrick), Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE CE NO. 027499 which the annexed is a true copy, was inserted in the Corpus Christ' Caller -Times on the 26 of NOVEMBER, 2007. $152.04 ITime(s) 4 1EGAL SALES REP SENTIVE 1 this day of , DOI certify that the attached document is a true and an exact copy made by publisher. ;ti;iiiFl�t� - -� ,• .� a Y #i WENJ. MEDINA My MMSIN EXPIRES August Z 2008 No ary Public, State of Texas November 26, 2007 • NOTICE OF PASSAGE OF ORDINANCE NO. 027499 Ordinance amending Chapter 1 "Boats, Bays, and Water- ways," Article I In General," Section 12-7 "Bathing, swim- ming and wading pro- hibited in certain wa- ters," and Section 12-31 uho,No Wake Zones" of the Code of Ordinances, City of Corpus Chris- ti, to prohibit swim- ming, bathing, and wading in the navi- gable channel of Packery Channel and to establish the por- tions of Packery Channel adjacent to developed areas along Packery han- nelasaslow,n wake zone; providing a repealer clause; providing a penalty; providing for publica- tion. this ordinance was passed and ap- proved on its second reading by the City Council of the Cityf Corpus Christi on No- vember 20, 2007. /s! Armando Chapa City Secretary City of Corpus Christi PUBLISHER'S AFFI AIT State of Texas } CITY OF CORPUS CHRISTI County of Nueces } Ad # 5820704 PO # Before me, the undersigned, a Notary Public, this day personally came ORIS H I TAD , who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENTITIVE AND EMPLOYEE of THE PUBLISHER namely,. 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, Kieberg, Live Oak, Nueces, Refugio, San Patricia Victoria and Webb Counties, and that the publication of, NOTICE of PASSAGE OF ORDINANCE, which the annexed is a true copy, was inserted in the Corpus Christi Caller -des on the 21ST of October 2007. X116,69 1Time(s) LEGAL SALES R PRESENTIVE Lig On this day ofMOV4 , 2.00-1 I certify that the attached document is a true and an exact copy made by publisher. titi}li�ltii:A. WENN #,MEDINA 14 ' r f gin! P, 2009 otary Public, State o Texas • October 21, 2007 NOTICE OF PASSAGE OF ORDINANCE NO. 027449 Authorizing the City Manager or his de- signee to execute an amendment to the lease agreement with Smarte Carte, inc., to extend the term, revise the re- quired equipment, and amend the ren- tal rate for baggage cart rental at the Corpus Christi Inter- national Airport; providing for publi- cation. This ordinance was passed on its sec- ond readin9 by the City Council of the City of Corpus Christi on October 16, 2007. This ordi- nance is effective on October 21, 2007. s/ Armando Chapa City Secretary City of Corpus Christi