HomeMy WebLinkAbout028367 ORD - 10/20/2009AN ORDINANCE
AMENDING THE CODE OF ORDINANCES, SECTION 53-109, BY
ALLOWING LIMITED OPERATION OF GOLF CART ON PUBLIC
HIGHWAY OF NOT MORE THAN 35 MILES PER HOUR
PURSUANT TO SECTION 551.404 OF THE TEXAS
TRANSPORTATION CODE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR PENALTIES; PROVIDING FOR PUBLICATION;
AND DECLARING AN EMERGENCY.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the Code of Ordinances of the City of Corpus Christi, Texas,
is amended by revising Sec. 53-109, to read as follows:
Sec. 53-109. Operation of Golf Cart.
As authorized under Section 551.404(a) of the Texas Transportation Code, a
person who holds a valid drivers license may operate a golf cart on a public
highway with a posted speed limit of not more than 35 miles per hour if:
(1) the person is employed by a political subdivision of the State of Texas,
and is performing a duty for the political subdivision that requires the operation of
a golf cart owned by the political subdivision;
(2) the person is crossing a public highway at a marked or designated
crossing that connects portions of the golf course separated by the public
highway;
(3) the person is employed by a restaurant, hotel, or tourist related
business, and is transporting quests in a qolf cart owned by the restaurant, hotel,
or tourist related business, to and from the parking lots to the business; or
(4) the person is employed by a restaurant, hotel, or tourist related
business, and is transporting supplies between two facilities under common
ownership in a golf cart owned by the restaurant, hotel, or tourist related
business.
dedicated or devoted to public use.
(b) Offense.
It shall be unlawful for any person to operate a golf cart on a public highway
within the territorial limits of the city.
28367
INDEXED
(c) Affirmative defense.
law enforcement agency and is performing a duty for the law enforcement
agency that requires the operation of a golf cart on a public highway.
(d) Culpable mental state not required.
(e) Penalties.
punishable by a fine not to exceed two hundred dollars ($200.00).
SECTION 2. If for any reason any section, paragraph, subdivision, provision,
clause, sentence, phrase, word or part of this Ordinance or the application of the
same to any person or circumstance for any reason be adjudged or held
unconstitutional or invalid by final judgment of a court of competent jurisdiction, it
shall not affect, impair, or invalidate this Ordinance as a whole or any part,
section, paragraph, subdivision, clause, phrase, sentence, word or provision
hereof other than the part declared to be invalid or unconstitutional, for it is the
definite intent of this City Council that every section, paragraph, subdivision,
clause, phrase, sentence, word or provision hereto be given full force and effect
for its purpose. To the extent this Ordinance is in conflict with state law, the state
law governs.
SECTION 3. 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 4. Penalties are as provided in Section 53-55.
SECTION 5. That upon written request of the Mayor or five Council Members,
the City Council (1) finds and declares an emergency due to the need for
immediate action for the efficient and effective administration of City affairs; and,
(2) suspends that Charter rule which requires an ordinance to be considered and
voted upon at two regular meetings, so that this ordinance is passed and takes
effect as an emergency measure upon its first reading on , 2009.
ATTEST:
Armando Chapa
City Secretary
CITY OF CORPUS CHRISTI
Joe A me
Mayor
Approved as to legal form October 12, 2009
(
By:
T.jfrisha Dang
Assistant City Attorney
For City Attorney
Corpus Christi, Texas (( (�
Day of 0640 rte`, , 2009
TO 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 of the City Council.
Respectfully,
Respectfully,
Joe ame, Mayor
Council Members
The above ordinance was passed by the following vote:
A
Joe Adame
Chris N. Adler
Brent Chesney
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla G. Leal
John E. Marez
Nelda Martinez
Mark Scott
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28367
State of Texas
County of Nueces
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PUBLISHER'S AFFIDAVIT
CITY OF CORPUS CHRISTI
Ad # 5921748
PO #
Before me, the undersigned, a Notary Public, this day personally came
JENNIFER HOBBS, 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, Kleberg, Live Oak,
Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the
x2$361
publication of, NOTICE OF PASSAGE OF ORDINANCE NO. 02836 which the
annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the
10/26/2009,10/26/2009.
$ 105.48
2Time(s)
LEG
REPRESENTIVE
On this day of , 25:.`I'certify that the attached document
is a true and an exact copy made by publisher.
MICHELLE JOYCE CABRERA
MY COMMISSION EXPIRES
March 19, 2012
Notary Public, St. ' of Texas
4 » October 26, 2009 » CAL LER-TIMES
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Legal Notices 1114_,
NOTICE OF
PASSAGE OF
ORDINANCE NO.
028367
Ordinance amending
the Code of Ordi-
nances,' Section
53-109, by allowing
limited operation of a
golf cart on public
highway of not more
than 35 miles per
hour, pursuant to
Section 551.404 of
the Texas Transpor-
tation Code;
providing for penal-
ties; and providing for
publication This ordi-
nance was passed
and approved by the
City Council of the
City of Corpus Christi
on October
20, 2009.
/s/ Armando Chapa
City Secretary
City of Corpus Christi