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HomeMy WebLinkAbout032195 DEC - 08/26/2020City Order Closing Gulf Beaches due to Hurricane Laura This declaration and order implementing emergency powers is issued pursuant to Texas Government Code Chapter 418 (including, but not limited to Texas Government Code § 418.108 and authority to control ingress, egress, movement, and premises' occupancy), and Section 16-4 of the City of Corpus Christi Code of Ordinances [City Code] (authorizing the presiding officer of the City, in the interest of public health, safety, and welfare, subject to confirmation or revocation by the City Council, to issue proclamations, orders, or regulations, which shall have the force and effect of law). In accordance with said Chapter, Declarations, and City Code, the Mayor hereby finds and orders as follows: WHEREAS, the Governor of Texas, Greg Abbott, declared a state of disaster for Nueces County certifying that Hurricane Laura poses a threat of imminent disaster, including widespread and severe property damage, injury, and loss of life due to widespread flooding, storm surge, and damaging winds, WHEREAS, Section 418(g) of the Texas Government Code authorizes the Mayor "to control ingress and egress to and from a disaster area and the movement of persons and the occupancy of premises in the area;" WHEREAS, the Mayor has determined that the closure of the gulf beaches are for public necessity, a public health and safety emergency, are limited to the smallest possible area and for the shortest possible duration, and are therefore in compliance with Article X, Section 4 of the City Charter and provisions of the City Code of ordinances, 31 TAC § 15.7, Texas Natural Resource Code Chapter 61, Texas Constitution Article 1 § 33, and other Texas laws, regulations, and executive actions; NOW THEREFORE, UNDER THE AUTHORITY OF TEXAS GOVERNMENT CODE SECTION 418.108 AND SECTION 16-4 OF THE CITY CODE, THE MAYOR ORDERS: Effective upon execution and continuing until August 27, 2020 at 10:00 a.m. or the earlier date it is rescinded, superseded, or amended pursuant to applicable law: 1. Limitation on Vehicle Access to Gulf Beaches. All beaches bordering the Gulf of Mexico within the geographic boundaries of Corpus Christi with vehicular access points will be closed to the extent directed by barricades and signs placed at the vehicular access points. This vehicular access restriction is inclusive of golf carts and all -terrain vehicles. Pedestrian access to the beaches is permitted. Golf carts, as defined by Texas Transportation Code § 551.401, displaying a disabled parking placard will be allowed on the beach to the extent being operated by or for a disabled veteran or person with physical disability, and access points to the beach will be specifically designated for this purpose. Owners of property adjacent to a beach with littoral access rights to access said beach are excluded from this closure to the extent of said littoral access rights. 2. Penalties. Violation of any provision of this order is punishable by a fine of up to $500 per violation or separate day of violation pursuant to Section 16-8 of the City Code. 3. Publicity & Severability. The City will provide copies of this Order by posting. If any subsection, sentence, clause, phrase, or word of this Order or any application of it to any person, structure, gathering, or circumstance is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, then such decision will not affect the validity of the remaining portions or applications of this Order. ORDERED this the oZ (p day of Al s� )14 wr.,--)-vt-1(../ iJoe , Comb, Mayor http uschristi-my.sharepoint.com/personal/josephb_cctexas_com/Documents/Desktop/City Order Closing Beach -Hurricane Laura 8.26.20.docx , 2020. 032195 SCANNED ATTEST: APPROVED TO FORM: Rebecca Huerta, City Sec eta ry Miles K. Risley, City Attorney https://corpuschristi-my.sharepoint.cam/personal/josephb_cctexas_com/Documents/Desktop/City Order Closing Beach -Hurricane Laura 8.26.20.docx 032195