Corpusfishing.com

[clouser]

Here is the full text of the ordinance:

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 AND BETWEEN PACKERY CHANNEL AND PADRE BALLI PARK; THE DIRECTION OF TRAVEL BETWEEN WHITECAP BOULEVARD AND PADRE BALLI PARK; ESTABLISHING AND REGULATING PEDESTRIAN SAFE BEACH; ESTABLISHING A PEDESTRIAN SAFE AREA; ORDERING A SPECIAL ELECTION TO BE HELD ON NOVEMBER 7, 2006, IN THE CITY OF CORPUS CHRISTI ON THE QUESTION OF AMENDING THE CHARTER OF THE CITY OF CORPUS CHRISTI TO PROVIDE FOR RESTRICTION OF VEHICULAR ACCESS TO THE PUBLIC BEACH AFTER APPROVAL IN A PUBLIC REFERENDUM; PROVIDING FOR PROCEDURES FOR HOLDING SUCH ELECTION; PROVIDING FOR NOTICE OF ELECTION AND PUBLICATION THEREOF; PROVIDING FOR ESTABLISHMENT OF BRANCH EARLY POLLING PLACES; DESIGNATING POLLING PLACE LOCATIONS; AUTHORIZING A JOINT ELECTION WITH NUECES COUNTY; AND ENACTING PROVISIONS INCIDENT AND RELATING TO THE SUBJECT AND PURPOSE OF THIS ORDINANCE; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; DIRECTING THE CITY MANAGER TO PROCESS ANY CHANGES TO THE COMPREHENSIVE PLAN, OTHER PLANS, OR ORDINANCES TO MAKE SUCH CONSISTENT WITH THIS ORDINANCE; PROVIDING FOR PUBLICATION; AND PROVIDING FOR THE EFFECTIVE DATE OF THE SECTIONS OF THIS ORDINANCE.
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 restrict vehicular traffic from portions of the public beach, if adequate parking is provided on or adjacent to the beach to accommodate one car for each 15 linear feet of beach from which vehicle traffic is restricted;
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 has constructed a parking lot that provides parking in excess of the minimum requirements of the Beach and Dune Rules;
WHEREAS, the parking lot is adequate to provide parking for at least one car for each 15 feet of beach seaward of the seawall from which vehicular traffic is restricted;
WHEREAS, ingress and egress access to the beach is provided for vehicles at each end of the seawall;
WHEREAS, the free and unrestricted right of ingress and egress to and from 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 restrict vehicles from 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;"
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 that "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";
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 has been constructed, satisfies that obligation;
WHEREAS, the restriction of vehicular traffic from 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;
WHEREAS, the public's free and unrestricted right of ingress and egress to the beach is protected by the existing access and the availability of public parking adjacent to the public beach and seawall;
WHEREAS, outstanding resort developments have been proposed adjacent to the beach between the north end of the Padre Island seawall and Packery Channel and between the south end of the Padre Island seawall and Padre Balli Park;
WHEREAS, the section of beach adjacent to the proposed development north of the Padre Island seawall is approximately 1,800 linear feet and the section of beach adjacent to the beach south of the Padre Island Seawall is approximately 1,200 linear feet;
WHEREAS, the proposed resort developments will boost the local economy by drawing tourists to Padre Island, providing temporary and permanent jobs, enhancing the hospitality industry, and increasing the tax base of the area;
WHEREAS, establishment of a pedestrian safe beach is essential to provide a family-oriented zone where beach-goers, especially with children, can access the beach and gulf waters without concern over risks to safety imposed by pedestrian use mixed with vehicular traffic;
WHEREAS, construction of such resort developments is consistent with Policy Statements D.5 and D.6, MUSTANG-PADRE ISLAND AREA DEVELOPMENT PLAN, adopted by City Council Ordinance #025725 on April 20, 2004, an element of the City’s Comprehensive Plan, “Promote the most intensive tourist oriented development east of S.P.I.D. and between Whitecap Boulevard and Zahn Road…Private land located south of Packery Channel must be developed with a mix of high-density/intensity tourist oriented commercial and residential activities…”;
WHEREAS, the developer has reported that the resort developments are not feasible unless vehicular traffic is restricted from the beach between the north end of the Padre Island seawall and Packery Channel and between the south end of the Padre Island seawall and Padre Balli Park and the resorts will increase the use of the described segments of beach north and south of the seawall;
WHEREAS, City Council desires to allow vehicular access to the entire described public beach segments north and south of the Padre Island seawall until sufficient parking lots are established on and adjacent to each public beach segment with sufficient pedestrian amenities, including restrooms and shower facilities, until there is established disability access to the south Packery Channel jetty, and until each resort development passes critical “milestones” that clearly indicate its being brought to fruition;
WHEREAS, the increased beach usage that will result from each resort development mixed with unrestricted vehicular access to each beach segment will create an overwhelming public safety concern;
WHEREAS, restricting vehicular access due to an overwhelming public safety concern is consistent with Policy Statement C.13, MUSTANG-PADRE ISLAND AREA DEVELOPMENT PLAN, adopted by City Council Ordinance #025725 on April 20, 2004, an element of the City’s Comprehensive Plan, “Except for in front of the seawall, the City will not pursue closure of any portion of the public beach to vehicular traffic without an overwhelming public safety concern…”;
WHEREAS, City Council proposes an amendment to the City Charter to require voter approval of any restriction of vehicular traffic on any portion of the public beach within the corporate limits of the City or its extraterritorial jurisdiction other than from Packery Channel to Padre Balli Park;
WHEREAS, the City Council desires to place before the electorate of the City of Corpus Christi the proposed amendment to the Charter of the City of Corpus Christi;
WHEREAS, it is provided in Section 3.004 of the Texas Election Code that the governing body shall order elections pertaining to municipal affairs, give notice and appoint election officers to hold the election; and

WHEREAS, Nueces County will also be conducting a general election on November 7, 2006;

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT:

SECTION 1. Section 10-69, Code of Ordinances, is adopted to read as follows:
“Sec. 10-69. Pedestrian safe beach.
(a) A pedestrian safe beach is established when the use of the beach is projected to be so great that vehicular access to the beach will create an overwhelming public safety concern and, therefore, vehicular access has been restricted from the beach. A pedestrian safe beach will also enhance the resort atmosphere anticipated by the Mustang-Padre Island Development Plan by establishing a family-friendly beach where beach goers of all ages can enjoy the beach and gulf waters without the risks posed by other uses.
(b) In addition to the other restrictions and uses set forth in this Chapter and as applicable in the Code of Ordinances, the following restrictions on uses and activities shall apply on a pedestrian safe beach:
1. Personal watercraft and other motor-powered vessels are prohibited in the gulf waters within 1,000 feet of a pedestrian safe beach, except in an established and marked access channel, and personal watercraft and motor-powered vessels may operate in such access channel only at headway speed, creating no wake and as otherwise regulated in Sec. 10-66.
2. Fires are prohibited on a pedestrian safe beach, except by prior authorization from the Parks Department.
3. Camping, as defined and regulated in Sec. 10-58, is prohibited on a pedestrian safe beach.
4. Dogs and other animals shall be kept on a lead, leash, or other physical restraint on a pedestrian safe beach.
5. Mobile vendors, as defined in Sec. 10-68, are prohibited from operating on a pedestrian safe beach.
6. Livestock and any prohibited animal, as defined in Sec. 6-1, are prohibited from being brought or kept on a pedestrian safe beach.
(c) The owner of property adjacent to a pedestrian safe beach may be granted an exclusive right as a beach vendor under Section 10-68 and upon the granting of the exclusive right to vend on the adjacent pedestrian safe beach, the adjacent property owner shall be responsible for cleaning the pedestrian safe beach, in a manner compliant with all laws, statutes, ordinances and regulations, and shall provide lifeguard services for the pedestrian safe beach.
(d) The owner of property adjacent to a pedestrian safe beach shall assist the City in providing appropriate parking, access, and facilities for persons with disabilities.”

SECTION 2. 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 # 4."

SECTION 3. Section 10-77, Code of Ordinances, is revised to read as follows:

“Sec. 10-77. Pedestrian safe areas.
* * * * *
“(e) The city manager may establish as a pedestrian safe areas, the following portions of the Gulf beach:
(1) south of Packery Channel and north of the concrete portion of the Gulf seawall,
(2) 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 the city manager, and
(3) south of the concrete portion of the Gulf seawall and north of Padre Balli Park.”

SECTION 4. Section 10-80(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 seawall and Padre Balli Park may only travel in a southerly direction."

SECTION 5. Section 10-81, Code of Ordinances, is revised to read as follow:
"Sec. 10-81. Vehicles restricted from Pportions of the beach closed.
"(a) The city manager, or the city manager's designee, is authorized to close restrict vehicular access from 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.
"(b) Except for emergency vehicles, vehicles used to maintain the beach, or vehicles used to provide beach related services under a permit issued by the City, vehicular traffic is restricted from the beach south of Packery Channel, seaward of the Padre Island seawall, and south of the Padre Island seawall and north of Padre Balli Park, and driving on this portion of beach is prohibited, except in specially designated areas."

SECTION 6. A Special City election (hereinafter the “Election”) shall be held in the City of Corpus Christi, Texas, on November 7, 2006, for the purpose of submitting to the voters of the City consideration of an amendment to the Charter of the City of Corpus Christi.


SECTION 7. At the Election all the qualified voters of the City of Corpus Christi shall be permitted to vote.



SECTION 8. The eSlate direct recording equipment (DRE) shall be employed at the election in accordance with the Texas Election Code and the Election shall be held at the polling places in the regularly prescribed precincts of the City of Corpus Christi, as set forth on Attachment A hereto incorporated by reference and made part of this ordinance (said Attachment A to be approved and attached when the polling places in the regularly prescribed precincts are finally determined by Nueces County). The Election shall be held in accordance with the election laws of the State of Texas. The polls shall be open from 7:00 a.m. to 7:00 p.m. on the day of the Election.


SECTION 9. The City Secretary shall conduct the Election as directed by ordinance of the City Council and by law in accordance with the joint election agreement to be entered into with Nueces County (the agreement with Nueces County shall be approved and attached hereto as Attachment B and incorporated herein). He is directed to request consideration by the U. S. Department of Justice of the submission of any change herein which requires preclearance, and to provide such demographic data and information as required by law.


SECTION 10. The eSlate direct recording equipment shall be used for the conduct of the Election on Election Day and for early voting. Early voting in person at each of the temporary branch polling places shall be conducted as follows:

Such early voting in person may be conducted at the main early voting polling place located in the first floor lobby of Nueces County Courthouse, 901 Leopard, and at the temporary branch polling places set forth in Attachment C, to be approved and attached when the temporary branch polling places are determined by Nueces County and then incorporated by reference and made a part of this ordinance.

In addition, early voting in person may be conducted at the mobile temporary branch polling places set forth in Attachment D, to be approved and attached when the mobile temporary branch polling places are determined by Nueces County and then incorporated by reference and made a part of this ordinance, during the days and hours specified therein. The City Secretary is authorized, in the event of an emergency, preventing any of the designated polling places from being utilized, to provide for suitable replacement locations.

Each branch polling place and the main early polling place shall serve all election precincts.

SECTION 11. The City Secretary is directed to post and publish such election notices as are required by the Election Laws of the State of Texas. The City Secretary is further appointed as the authority and officer responsible for the conduct of said election and is hereby authorized and directed to make all necessary arrangements for the holding of said election in accordance with and subject to the laws of this State including but not limited to coordinating the election process, including use of tabulation equipment, and supplies, in accordance with the joint election agreement to be executed with Nueces County. The City Secretary is authorized to approve all lawful changes and additions to the procedures provided herein in order to implement such agreement, including, but not limited to, provisions for substations and mobile voting sites.


SECTION 12. At the Election, the voters shall be presented with the following proposition (in English and Spanish) in the form prescribed by the Texas Election Code:

Ballot Language:
CHARTER AMENDMENT
FOR _____
AGAINST _____

REQUIRING A PUBLIC REFERENDUM PRIOR TO ANY FURTHER RESTRICTION OF VEHICULAR ACCESS TO THE PUBLIC BEACH.

Effect of Amendment:

Adoption of the Charter Amendment would amend the City Charter, ARTICLE X, GENERAL POWERS AND PROVISIONS, by adding Section 1A, Restricting vehicular access to the public beach, as follows:

Section 1A. Restricting vehicular access to the public beach.

Except when vehicles are temporarily restricted from access to the public beach for public safety and except for that portion of the public beach located south of Packery Channel and north of Padre Balli Park, vehicular access to the public beach may not be restricted except upon an election held to determine whether vehicular access should be restricted from a specific portion of the public beach in which a majority of the ballots cast shall be in favor of such restriction. Thereafter, the City Council may take appropriate action to restrict vehicular access from that specific portion of the public beach and comply with all other requirements necessary to effect the result of the election. The election requirement of this section shall be effective only after implementation of the vehicular restriction relating to the public beach located south of Packery Channel and north of Padre Balli Park and all legal challenges, relating to the restriction of vehicles from the public beach between Packery Channel to Padre Balli Park, have been finally resolved and all appeals exhausted.

SECTION 13. 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 14. 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 15. The City Manager is directed to process any changes to the Comprehensive Plan, any other plan, or any ordinance to make the Comprehensive Plan, any other plan, and all ordinances consistent with the terms and intent of this ordinance.

SECTION 16. 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 17. Sections 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 16 of this ordinance take effect upon and after publication of this ordinance.
Sections 1, 2, 3, 4, 5, and 13 of this ordinance that relate to the restriction of vehicular traffic from that portion of the beach seaward of the Padre Island seawall take effect on the approval of these changes to the City of Corpus Christi's Dune Protection and Beach Access Plan by the General Land Office.
The portions of Sections 1, 3, 5, and 13 of this ordinance that relate to the restriction of vehicular traffic from that portion of the beach south of Packery Channel and north of the Padre Island seawall take effect not earlier than the approval of these changes to the City of Corpus Christi’s Dune Protection and Beach Access Plan by the General Land Office.
Additionally, the portions of Sections 1, 3, 5, and 13 of this ordinance that relate to the restriction of vehicular traffic from that portion of the beach south of Packery Channel and north of the Padre Island seawall take effect on the occurrence of the following:
(a) development of the resort community (a tourism-centered destination resort development to include a hotel, condominiums, and related amenities intended to attract visitors and tourists from outside the Corpus Christi area), in the area bounded by Packery Channel, the wooden seawall, Park Road 22, and Lake Padre, achieves the following “milestones”: (1) secure necessary financing for the initial phase of the resort community project (estimated value of $75,000,000), (2) building permits for the construction of the infrastructure related to the initial phase of the resort community project (estimated value of $75,000,000) have been issued, and (3) commencement of vertical construction, above the surface level of the foundation, of improvements with an estimated value of $75,000,000 associated with the resort community,
(b) completion of the construction and opening to the public of a parking lot, on and adjacent to the beach, that provides at least one parking space for each fifteen linear feet of beach from which vehicles are restricted, and
(c) completion of the pedestrian amenities to include restrooms, showers, and disability access to the south jetty of Packery Channel.

The City of Corpus Christi shall take no action to begin construction of the facilities described in (b) and (c) hereinabove until the “milestones” set forth in (a) are achieved. It is reasonable to believe, when the proposed development achieves the stated goals, that the project will proceed to completion.

The portions of Sections 1, 2, 3, 4, 5, and 13 of this ordinance that relate to the restriction of vehicular traffic from that portion of the beach south of the Padre Island seawall and north of the Padre Balli Park take effect not earlier than the approval of these changes to the City of Corpus Christi’s Dune Protection and Beach Access Plan by the General Land Office.
Additionally, the portions of Sections 1, 3, 5, and 13 of this ordinance that relate to the restriction of vehicular traffic from that portion of the beach south of the Padre Island seawall and north of the Padre Balli Park take effect on the occurrence of the following:
(a) development of the resort community (a residential community proposed to have approximately 400 single-family homes and a boutique hotel, all designed and operated to attract visitors and tourists from outside the Corpus Christi area), in the area adjacent to the beach between Whitecap Boulevard and Padre Balli Park, achieves the following “milestones”: (1) secure necessary financing for the development project, (2) acceptance, by the City of Corpus Christi, of all required infrastructure associated with the first phase of the resort community project, anticipated to accommodate at least 100 single-family residential structures and the boutique hotel, and (3) issuance of a building permit for the construction of an anticipated improvement,
(b) completion of the construction and opening to the public of a parking lot, on and adjacent to the beach, that provides at least one parking space for each fifteen linear feet of beach from which vehicles are restricted, and
(d) completion of the pedestrian amenities to include restrooms and showers.

The City of Corpus Christi shall take no action to begin construction of the facilities described in (b) and (c) hereinabove until the “milestones” set forth in (a) are achieved. It is reasonable to believe, when the proposed development achieves the stated goals, that the project will proceed to completion.

[clouser]

Check "WHEREAS" #24 in the ordinance, then check this:

The Mustang-Padre Island Development Plan (MPIADP) was created after well over a year of review by multiple committees seeking public input. It was approved by this sitting city council in April 2004.

Whoever prepared the vehicle ban ordinance was deliberately deceptive by leaving out the rest of MPIADP Policy Statement C.13. Here's the full text:


Mustang-Padre Island Area Development Plan
Adopted April 20, 2004
Page 36-37
C) Except for in front of the seawall, the City will not pursue closure of any portion of the public beach to vehicular traffic without an overwhelming public safety concern. However, protected pedestrian and beach user areas may be provided on the beach, only as considered
necessary for public safety. The purpose of the protected areas is to separate vehicular traffic from pedestrian and beach user areas while also providing through movement of traffic.
That last sentence means bollards, with a driving lane on the beach, to me. Pretty clear that a full vehicle restriction is not "consistent with Policy Statement C.13" as they claim. They intend to violate their own plan for creating pedestrian beaches.

Are you pissed yet?

[rabbit]

Time to play Cowboys and City Council They are also trying to blow away the petition by putting that other garbage in there about a election on the other beach areas.
_________________
Fishing and Kayaking its a rough life but somebody has to do it.

[mastergunner]

Where to hell did they come up with "overwhelming safety concern"? I can't beleive that they even included the threat from the developer of not building in the ordinance.
_________________
Mastergunner, supporter of hardheads for state fish of Texas

[rabbit]

And how can it enhance the hospital industry.
_________________
Fishing and Kayaking its a rough life but somebody has to do it.

[rabbit]

Johnny will you please translate this for me.

WHEREAS, ingress and egress access to the beach is provided for vehicles at each end of the seawall;
_________________
Fishing and Kayaking its a rough life but somebody has to do it.

[Big John]

It means parking lot to our city counsel. What freaking idiots.
_________________
GOBZA!!!
Save $$$ - Get Coupons local businesses today! - http://www.gobza.com/29472

[snakecan2]

Has any one looked into doing something on a state level to stop or restrict this.. because before long they will try to do this even furture down as corpus tries to annex other areas to develope and get more tax revenues..

i am in San antonio, been going to the coast for as long as i can remember. this ballot if it makes it, is so jacked up..

ron