2014 Ordinances - City of Port Aransas

Transcription

CITY OF PORT ARANSAS
Ordinance Listing - 2014
ORDINANCE
NO.
2014-01
2014-02
2014-03
2014-04
2014-05
2014-06
1
DESCRIPTION
Amending Ordinance No. 2013-12, Adopted on November
21, 2013, Providing for a Moratorium Precluding the
Acceptance, Filing and Issuance of Property Development
Permits or Approvals for Heavy Industry Development of any
Harbor Island Properties
Approving Alley Closure Request #Al-131039, Aransas
Holding Company Subdivision Section “C”, Block 71, Port
Aransas, Nueces County, Texas; Said Twenty (20) Foot Alley
Traverses the Rear of Lot 1, Block 71 to the East Only;
Property Also Known as 302 Avenue J
Amending Zoning Ordinance No. 2010-06 by Changing the
Zoning of Land Located at the 600 Block of Access Road 1 to
a Planned Unit Development (PUD); Also Known as
Kingstone Beach P.U.D. (KBPUD), Port Aransas, Nueces
County, Texas A 32.716-Acre Development With Eleven
Distinctive Land Use Areas Comprised of Single-Family
Residential, Multi-Family Residential, Commercial, Civic and
Preserve Land Uses With Such Features and Amenities as
Indicated In Exhibit A
Adding a new Chapter 27 “Public Beach”, Article I. “Port
Aransas Beach Park”, Division 1 “In General” Section 27-1
“Definitions”
Adding a new Chapter 27 “Public Beach”, Article III.
“Traffic” Division 1. “In General” by Designating Speed
Limit, Public Roadway, Parking Areas and Signage Criteria;
and Prohibiting Off-Highway Vehicles; Division 2. “Vehicle
Beach Permits & Beach User Fees” by Setting Permits and
Fees, and Enumerating Allowable Uses; Division 3. “Beach
Closures” by Authorizing Beach Use, Access and Closures for
Public Health and Safety
Amending:
(1) Section 25-121 and Thereby Re-Zoning That Portion of the
Land Area Known as Harbor Island Which is Included Within
the HI Harbor Island Zoning District Under Section 25-121,
More Particularly by Deleting the List of Allowed Uses Set
Forth in 25-121 and Replacing That List With a More
Restrictive List of Allowed Heavy Industry Uses, all of Which
Land is Within Port Aransas’ City Limits and is Generally
Located North of Corpus Christi Ship Channel, to the West of
the Extreme Northeast Tip of Mustang Island, and is Separated
From the Remainder of the City, Which Lies on Mustang
Island, by the Corpus Christi Ship Channel, and
(2) Providing for a Declaration of City Boundary,
DATE
ADOPTED
02/06/2014
02/06/2014
02/06/2014
02/06/2014
02/06/2014
02/20/2014
CITY OF PORT ARANSAS
Ordinance Listing - 2014
(3) For Correction of the Official Zoning Map, and
(4) For Reading, Effective Date, And Severance.
2014-07
2014-08
2014-09
2014-10
2014-11
2014-12
2014-13
2014-14
2014-15
2
Amending Chapter 3 “Alcoholic Beverages”, by Adding
Definitions, Regulating Location, Hours, and Places Where
Alcoholic Beverages May and May Not Be Sold; Setting
Exemptions and Compliance to State Law
Providing For A Moratorium Precluding the Acceptance,
Filing and Issuance of Property Development Permits or
Approvals for any Single Retail Store Exceeding 25,000 Gross
Square Feet of Floor Area
Amending Chapter 18 “Public Places, Property And Services”,
Article V. “Library” by Clarifying Reporting and Depository
Procedures, Setting Expenditure Limits, Including Library’s
Official Name of William R. “Bill” Ellis Memorial Library
Amending Chapter 25 “Zoning”, Article IV. “Supplemental
District Development And Use Regulations”, Division 1.
“General Provisions”, Section 25-154 By Setting Maximum
Floor Area To Single Retail Stores
Adopting and Approving the Budget, Appended Hereto As
Exhibit A, For The Fiscal Year Beginning October 1, 2014
And Ending September 30, 2015; Appropriating Funds For
Each Department Including The Sinking Fund To Pay Interest
And Principal Due On The City’s Indebtedness
Fixing and Levying the Municipal Tax Rate for Fiscal Year
Beginning October 1, 2014 and Ending September 30, 2015;
Levying a Tax Rate of $0.299118 per $100.00 Valuation,
$0.235228 for the Purpose of Maintenance and Operation, and
$0.063890 for the Payment of Principal and Interest on Debt of
the City; Directing the Assessment and Collection Thereof
Amending the General, Hotel/Motel Tax, Beach, Harbor, and
Gas Utility Funds in Fiscal Year 2013-2014 Budget to Reflect
Changes Due to Increase Revenue and/or Expenses
Authorizing The Issuance Of "City Of Port Aransas, Texas
Combination Tax And Limited Pledge Revenue Certificates
Of Obligation, Series 2014
Amending Chapter 10 “Health and Sanitation”, Article II
“Litter and Waste Control” by Adding a New Division 1
“Regulation Of Single Use Plastic (Checkout) Bags”; Setting
Definitions, Prohibitions and Requirements, Scope and
Applicability, and Exemptions; Establishing Implementation
of a Voluntary Ban and Setting Date of Mandatory
Compliance
05/15/2014
05/15/2014
05/15/2014
07/17/2014
09/11/2014
09/11/2014
09/18/2014
10/16/2014
12/18/2014
ORDINANCE NO. 2014- 01
AN EMERGENCY ORDINANCE OF THE CITY OF PORT ARANSAS, NUECES
COUNTY, TEXAS AMENDING ORDINANCE NO. 2013-12, ADOPTED ON
NOVEMBER 21, 2013, PROVIDING FOR A MORATORIUM PRECLUDING THE
ACCEPTANCE, FILING AND ISSUANCE OF PROPERTY DEVELOPMENT
PERMITS OR APPROVALS FOR HEAVY INDUSTRY DEVELOPMENT OF ANY
HARBOR ISLAND PROPERTIES, PROVIDING FOR AN EFFECTIVE DATE,
READING, PUBLICATION, AND SEVERANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT
ARANSAS, COUNTY OF NUECES, STATE OF TEXAS:
Section 1. Emergency. This is an emergency ordinance passed in accordance with Article III
Sections 12 and 13 of the Charter of the City of Port Aransas.
Section 2. Findings. The Council makes the following legislative findings. A public
emergency exists which adversely affects the life, health, property, and public peace of the City
and its citizens as follows. The City of Port Aransas developed as a fishing village. It is a nonindustrial town and relatively clean and free of the pollutants which normally accompany some
industrial developments.
Its commercial structures historically were small and primarily
wooden with peaked roofs. The City in its commercial area had and still has the flavor and
ambiance of a small fishing village which imbues it with a distinctive charm and character. The
City has in the past few years’ experienced extremely rapid growth and is in danger of losing the
charm which makes it an attractive, unique venue. In recognition of this situation, the City
Council is considering re-zoning Harbor Island and/or the imposition of additional controls upon
new heavy industry development on Harbor Island. In order to prevent the development of
Harbor Island in a way which would adversely affect damage or destroy the aesthetics or
environment of the City, the Council considers it necessary to pass this moratorium on an
emergency basis. The Planning and Zoning Commission and City Council are currently
reviewing and analyzing Harbor Island development (historical, current and future) to determine
if the current zoning classifications, including design, construction and development standards,
are consistent with the City's Comprehensive Plan, and whether such classifications and
standards currently are in the best interests of the community and the general welfare of the City.
The City Council has determined that it is in the best interest of the public to temporarily
suspend the acceptance and filing of building permit applications, zoning applications, plat
applications, site plans and other development applications for all heavy industry
development on Harbor Island pending conclusion of City Council and Planning and Zoning
Commission review and determination. The temporary suspension is for the purpose of allowing
the City Council and Planning and Zoning Commission to study, in conjunction with the City’s
planning and administrative officials and consultants, the zoning, growth and development
related issues and concerns, and, if desired, to implement comprehensive plan amendments,
zoning and/or other development regulation changes to address the results of such study. The
temporary suspension will allow the City Council the opportunity to continue to review, study
and-consider, in conjunction with planning professionals, the City Attorney and other City
administrative staff, the zoning, growth and development related issues and concerns of the City
Council regarding Harbor Island in as expeditious a manner as possible, which will ultimately
Ordinance No. 2014-01Amended Moratorium
Page 1 of 2
ORDINANCE NO. 2014-02
AN ORDINANCE OF THE PORT ARANSAS CITY COUNCIL APPROVING
ALLEY CLOSURE REQUEST #AL-131039, ARANSAS HOLDING COMPANY
SUBDIVISION SECTION “C”, BLOCK 71, PORT ARANSAS, NUECES COUNTY,
TEXAS; SAID TWENTY (20) FOOT ALLEY TRAVERSES THE REAR OF LOT 1,
BLOCK 71 TO THE EAST ONLY; PROPERTY ALSO KNOWN AS 302 AVENUE
J; PROVIDING FOR THE VALIDITY OF SAID ORDINANCE; REPEALING ALL
PRIOR ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Port Aransas, a Texas Home-Rule City acting by and through its City
Council, and by authority granted pursuant to state law and by its Charter, may
close and abandon a portion of a dedicated or prescriptive alley right-of-way
within its corporate boundaries; and
WHEREAS, an application for alley closure, ACR #AL-131039, was received from property
owners, Mark & Georganna Creighton, who own both sides of the subject alley;
therefore, no notices to adjacent property owners were sent; and
WHEREAS, on November 14, 2013 the City caused to be published a “Notice of Public
Hearing” in the official newspaper of the City notifying area residents and the
public in general to participate and make their views known regarding this request
at the December 2, 2013 Planning & Zoning Commission Meeting; and
WHEREAS, on December 5, 2013 the City caused to be published a “Notice of Public
at the December 19, 2013 City Council Meeting; and
WHEREAS, on December 2, 2013 the Planning & Zoning Commission did meet and said
Commission voted unanimously to recommend to the City Council to accept and
approve this request to close and abandon the Twenty (20) Foot Alley that
traverses the Rear of Lot 1, Block 71 to the East Only. Property Also Known As
302 Avenue J.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PORT ARANSAS, NUECES COUNTY, STATE OF TEXAS
SECTION 1.
ALLEY ABANDONMENT
That the alley, which runs through that portion of Aransas Holding Company Subdivision
Section “C”, Block 71, Port Aransas, Nueces County, Texas, with said Twenty (20) Foot Alley
Traverses the Rear of Lot 1, Block 71 to the East Only, Request By Mark & Georganna
Creighton For Property Also Known as 302 Avenue J. A map of said Alley is shown in Exhibit
A attached hereto. Said contiguous property owners shall replat at their own expense and
Ordinance No. 2014-02
Page 1 of 3
EXHIBIT A
Page 3 of 3
AN ORDINANCE OF THE PORT ARANSAS CITY COUNCIL AMENDING
ZONING ORDINANCE NO. 2010-06 BY CHANGING THE ZONING OF LAND
LOCATED AT THE 600 BLOCK OF ACCESS ROAD 1 TO A PLANNED UNIT
DEVELOPMENT (PUD); ALSO KNOWN AS KINGSTONE BEACH P.U.D.
(KBPUD), PORT ARANSAS, NUECES COUNTY, TEXAS A 32.716-ACRE
DEVELOPMENT WITH ELEVEN DISTINCTIVE LAND USE AREAS
COMPRISED OF SINGLE-FAMILY
RESIDENTIAL,
MULTI-FAMILY
RESIDENTIAL, COMMERCIAL, CIVIC AND PRESERVE LAND USES WITH
SUCH FEATURES AND AMENITIES AS INDICATED IN EXHIBIT A
ATTACHED HERETO; PROVIDING FOR THE VALIDITY OF SAID
ORDINANCE; REPEALING ALL PRIOR ORDINANCES IN CONFLICT
HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, an application for Zoning Change Request #ZCR-131029 was received in the
office of the Planning & Building Department, Port Aransas, Texas; and
WHEREAS, on November 14, 2013 the City caused to be published a “Notice of Public
at the Planning & Zoning Commission meeting of December 2, 2013; and
WHEREAS, on November 14, 2013 said “Notice of Public Hearing” was mailed to affected
property owners within 200’ of subject property; and
WHEREAS, on December 5, 2013 the City caused to be published a “Notice of Public
at the January 17, 2014 City Council Meeting; and
WHEREAS, on December 2, 2013 the Planning & Zoning Commission did meet and said
Commission voted unanimously to recommend to the City Council to accept and
approve Zoning Change Request #ZCR-131029, Kingstone Beach P.U.D. a
32.716-acre development with eleven distinctive land use areas.
SECTION 1.
AMENDMENT
That the Zoning Change Request #ZCR-131029 for property located at the 600 Block of Access
Road 1 is re-zoned to a Planned Unit Development or PUD with said property to be known as
Kingstone Beach P.U.D. (KBPUD), Port Aransas, Nueces County, Texas. This 32.716-Acre
Development with Eleven Distinctive Land Use Areas will include single-family residential,
multi-family residential, commercial, civic and preserve land uses. Lots 10, 11, 12 and 14 of
Block 4 will feature multifamily residential land use. Lot 11, Block 5 and Lot 11, Block 6 will
Page 1 of 4
feature commercial uses. Lots 3 and 12 of Block 1, Lots 1 and 11 of Block 2, Lots 1 and 8 of
Block 3, Lot 13 of Block 4, Lots 4 and 10 of Block 5, and Lots 4 and 10 of Block 6 will feature
civic uses. Lots 15 and 20 of Block 2 shall be preserve areas. The remainder of the lots will
feature single-family land uses in seven of the building type categories shown on the colored
Regulating Plan shown in Exhibit A attached hereto and each Tract of Land specifically
addressed, to wit:
 Tract 1: Lot 1 Block 1, Kingstone Beach, a map of which is recorded in Volume 61,
Page 122, Map Records of Nueces County, Texas.
 Tract 1A: A 1.029 Acre tract of land out of the Edward Hall Survey 588, Land
Script 227, Abstract 160, Mustang Island, Port Aransas, Nueces County, Texas;
said 1.029 acre tract of land being a portion out of that certain 318.779 acre tract of
land described in deed recorded in Document No. 2004047155, Official Public
Records of Nueces County, Texas.
 Tract 2: A 1.582 Acre tract of land out of the Edward Hall Survey 588, Land
Script 227, Abstract 160, Mustang Island, Port Aransas, Nueces County, Texas; said
1.582 acre tract of land being a portion out of that certain 318.779 acre tract of land
described in deed recorded in Document No. 2004047155, Official Public Records of
Nueces County, Texas.
Script 227, Abstract 160, Mustang Island, Port Aransas, Nueces County, Texas; said
3.103 acre tract of land being a portion out of that certain 318.779 acre tract of land
described in deed recorded in Document No. 2004047155, Official Public Records of
Nueces County, Texas.
Script 227, Abstract 160, and out of the Isaac W. Boone Survey 587, Land Script 241,
Abstract 43, Mustang Island, Port Aransas, Nueces County, Texas; said 9.104 acre tract
of land being a portion out of that certain 318.779 acre tract of land described in deed
recorded in Volume 1054, Page 283, Deed Records of Nueces County, Texas.
 Tract 4A: A 3.282 Acre tract of land out of the Edward Hall Survey 588, Land
of land being a portion out of that certain 318.779 acre tract of land described in
deed recorded in Document No. 2004047155, Official Public Records of Nueces
County, Texas.
of land being a portion out of that certain 318.779 acre tract of land described in deed
recorded in Document No. 2004047155, Official Public Records of Nueces County,
Texas.
 Tract 6: A 0.554 Acre tract (24,135.991 Square Feet) of land out of the Isaac W. Boone
Survey 587, Land Script 241, Abstract 43, Mustang Island, Port Aransas, Nueces
County, Texas and also being out of that 100 foot wide right of way easement described
in deed recorded in Volume 1040, Page 433, Deed Records of Nueces County, Texas.
Page 2 of 4
EXHIBIT A
Page 4 of 4
AN ORDINANCE AMENDING THE CITY OF PORT ARANSAS CODE OF
ORDINANCES BY ADDING A NEW CHAPTER 27 “PUBLIC BEACH”, ARTICLE
I. “PORT ARANSAS BEACH PARK”, DIVISION 1 “IN GENERAL” SECTION 271 “DEFINITIONS”; AND PROVIDING FOR THE VALIDITY OF SAID
SECTION 1.
ADDITION
That Chapter 27 “Public Beach”, Article I. “Port Aransas Beach Park”, Division 1 “In General”
is hereby added to wit:
Article I. “Port Aransas Beach Park”
Division 1. “In General”
Section 27-1.
Definitions
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them, except where the context clearly indicates a different meaning:
Avoidance means avoiding the effect on critical dunes and critical dune vegetation altogether
by not taking a certain action or parts of an action.
Affect means to produce an effect upon dunes, dune vegetation, or public beach use and
access as used in Title 31, Subchapter A, of the GLO Regulations regarding dunes, dune
vegetation, and the public beach.
Amenities means any non-habitable major structure including swimming pools, bathhouses,
detached garages, cabanas, pipelines, piers, canals, lakes, ditches, artificial runoff channels and
other water retention structures, roads, streets, highways, parking areas and other paved areas
(exceeding one hundred forty-four (144) square feet in area), underground storage tanks, and
similar structures.
Applicant means any person applying to a local government for a permit and/or certificate for
any construction or development plan.
Backdunes means the dunes located landward of the foredune ridge which are usually well
vegetated but may also be unvegetated and migratory. These dunes supply sediment to the beach
after the foredunes and the foredune ridge have been destroyed by natural or human activities.
Beach means a beach area, publicly owned by the City, Nueces County, or State of Texas, or
privately owned between the line of vegetation and the line of mean low tide of the Gulf of
Mexico as defined in V.T.C.A, Natural Resource Code §61.012.
Page 1 of 10
Beach Access means the right to use and enjoy the public beach, including the right of free
and unrestricted ingress and egress to and from the public beach.
Beach/Dune System means the land from the line of mean low tide of the Gulf of Mexico to
the landward limit of dune formation.
Beach rentals means the rental on a daily or hourly basis of non-motorized, beach and waterrelated and recreational goods such as sailboards, kites, umbrellas, floatation devices like inner
tubes and air mattresses, surfboards, sailboats, balls and Frisbees out of a mobile business
establishment.
Beachfront Construction Certificate or Certificate means a document issued by a local
government that certifies that the proposed construction either is consistent with the local
government's dune protection and beach access plan or is inconsistent with the local
government's dune protection and beach access plan. In the latter case, the local government
must specify how the construction is inconsistent with the plan, as required by the Open Beaches
Act, section 61.015.
Beach Maintenance means the cleaning or removal of debris from the beach by handpicking,
raking, or mechanical means.
Beach Profile means the shape and elevation of the beach as determined by surveying a cross
section of the beach.
Beach-Related Services means reasonable and necessary services and facilities directly
related to the public beach which are provided to the public to ensure safe use of and access to
and from the public beach, such as vehicular controls, management, and parking (including
acquisition and maintenance of off-beach parking and access ways); sanitation and litter control;
lifeguarding and lifesaving; beach maintenance; law enforcement; beach nourishment projects;
beach/dune system education; beach/dune protection and restoration projects; providing public
facilities such as restrooms, showers, lockers, equipment rentals, and picnic areas; recreational
and refreshment facilities; liability insurance; and staff and personnel necessary to provide
beach-related services. Beach-related services and facilities shall serve only those areas on or
immediately adjacent to the public beach.
Beach User Fee means the fee collected by a local government in order to establish and
maintain beach-related services and facilities for the preservation and enhancement of access to
and from and safe and healthy use of public beaches by the public.
Blowout means a breach in the dunes caused by wind erosion.
Breach means a break or gap in the continuity of a dune caused by wind or water.
Bulkhead means a structure or partition built to retain or prevent the sliding of land. A
secondary purpose is to protect the upland against damage from wave action.
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Camping shall mean the use of tents or other shelters, automobile trailer cars, house trailers,
house cars, campers or other such vehicles for the purpose of living or sleeping quarters.
City means the City of Port Aransas, Texas.
Coastal and Shore Protection Project means a project designed to slow shoreline erosion or
enhance shoreline stabilization, including, but not limited to, erosion response structures, beach
nourishment, sediment bypassing, construction of manmade vegetated mounds, and dune revegetation.
Commercial Facility means any structure used for providing, distributing, and selling goods
or services in commerce including, but not limited to, hotels, restaurants, bars, rental operations,
and rental properties.
Compensation means compensating for the effects on critical dunes and critical dune
vegetation by replacing or providing substitute dunes and dune vegetation.
Construction means the causing or carrying out any building, bulk heading, filling, clearing,
excavation, or substantial improvement to land or the size of any structure.
1. "Building" includes, but is not limited to, all related site work and placement of
construction materials on the site.
2. "Filling" includes, but is not limited to, disposal of dredged materials.
3. "Excavation" includes, but is not limited to, removal or alteration of dunes and dune
vegetation and scraping, grading, or dredging a site.
4. "Substantial improvements to land or the size of any structure" include, but are not
limited to, creation of vehicular or pedestrian trails, landscape work (that adversely
affects dunes or dune vegetation), and increasing the size of any structure.
Coppice mounds means the initial stages of dune growth formed as sand accumulates on the
downwind side of plants and other obstructions on or immediately adjacent to the beach seaward
of the foredunes. Coppice mounds may be un-vegetated.
Critical Dune Areas means those portions of the beach/dune system as designated by the
Texas GLO that are located within one thousand (1,000) feet of mean high tide of the Gulf of
Mexico that contain dunes and dune complexes that are essential to the protection of public
beaches, submerged land, and state-owned land, such as public roads and coastal public lands,
from nuisance, erosion, storm surge, and high wind and waves. Critical dune areas include, but
are not limited to, the dunes that store sand in the beach/dune system to replenish eroding public
beaches.
Cumulative Impact means the adverse effect on beach use and access, on critical dunes or
critical dune vegetation which results from the incremental effect of an action when added to
other past, present, and reasonably foreseeable future actions regardless of what agency or
person undertakes such other actions. Cumulative effects can result from individually minor but
collectively significant actions taking place over a period of time.
Page 3 of 10
Dedication includes, but is not limited to, a restrictive covenant, permanent easement, and
fee simple donation.
Dune means an emergent mound, hill, or ridge of sand, either bare or vegetated, located on
land bordering the waters of the Gulf of Mexico. Dunes are naturally formed by the windward
transport of sediment, but can also be created via manmade vegetated mounds. Natural dunes are
usually found adjacent to the uppermost limit of wave action and are marked by an abrupt
change in slope landward of the dry beach. The term includes coppice mounds, foredunes, dunes
comprising the foredune ridge, backdunes and manmade vegetated mounds.
Dune Complex means any emergent area adjacent to the waters of the Gulf of Mexico in
which several types of dunes are found or in which dunes have been established by proper
management of the area. In some portions of the Texas coast, dune complexes contain
depressions known as swales.
Dune Protection Act. Texas Natural Resources Code, Section 63.001 et seq.
Dune protection and Beach Access Plan or Plan means a local government's legally
enforceable program, policies, and procedures for protecting dunes and dune vegetation and for
preserving and enhancing use of and access to and from public beaches, as required by the Dune
Protection Act and the Open Beaches Act.
Dune Protection Line means the line established by a county commissioners court or the
governing body of a municipality for the purpose of preserving, at a minimum, all critical dune
areas identified by the GLO pursuant to the Dune Protection Act, Section 63.011, and Section
15.3(f) of this title [31] (relating to administration). A municipality is not authorized to establish
a dune protection line unless the authority to do so has been delegated to the municipality by the
county in which the municipality is located. Such lines will be located no farther than one
thousand (1,000) feet landward of the mean high tide of the Gulf of Mexico.
Dune Protection Permit or Permit means the document issued by a local government to
authorize construction or other regulated activities in a specified location seaward of a dune
protection line or within a critical dune area, as provided in the Texas Natural Resources Code,
Section 63.051.
Dune Vegetation means the flora indigenous to and growing on natural dunes, dune
vegetation can include coastal grasses and herbaceous and woody plants.
Effect or Effects include:
1. Direct Effects—Those impacts on public beach use and access, on critical dune areas,
or on dunes and dune vegetation seaward of a dune protection line which are caused
by the action and occur at the same time and place; and
2. Indirect Effects—Those impacts on beach use and access, on critical dune areas, or
on dunes and dune vegetation seaward of a dune protection line which are caused by
an action and are later in time or farther removed in distance than a direct effect, but
are still reasonably foreseeable. Indirect effects may include growth inducing effects
and other effects related to induced changes in the pattern of land use, population
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density, or growth rate, and related effects on air and water and other natural systems,
including ecosystems.
3. "Effects" and "impacts" as used in Title A subchapter 31 are synonymous. "Effects"
may be ecological (such as the effects on natural resources and on the components,
structures, and functioning of affected ecosystems), aesthetic, historic, cultural,
economic, social, or health, whether direct, indirect, or cumulative.
Eroding area means the area seaward of the erosion line.
Erosion means the wearing away of land or the removal of beach and/or dune sediments by
wave action, tidal currents, wave currents, drainage, or wind. Erosion includes, but is not limited
to, horizontal recession and scour and can be induced or aggravated by human activities.
Erosion line means the described line shall be located two hundred (200) feet landward from
the line of vegetation or a distance sixty (60) times the historical annual erosion rate as published
by the University of Texas Bureau of Economical Geology and as measured landward from the
line of vegetation, whichever is greater.
Erosion Response Structure means a hard or rigid structure built for shoreline stabilization
which includes, but is not limited to, a jetty, retaining wall, groin, breakwater, bulkhead, seawall,
riprap, rubble mound, revetment, or the foundation of a structure which is the functional
equivalent of these specified structures.
FEMA means the United States Federal Emergency Management Agency. This agency
administers the National Flood Insurance Program and publishes the official flood insurance rate
maps.
Foredunes means the first clearly distinguishable, usually vegetated, stabilized large dunes
encountered landward of the Gulf of Mexico. On some portions of the Texas Gulf Coast,
foredunes may also be large, unvegetated, and unstabilized. Although they may be large and
continuous, foredunes are typically hummocky and discontinuous and may be interrupted by
breaks and washover areas. Foredunes offer the first significant means of dissipating stormgenerated wave and current energy issuing from the Gulf of Mexico. Because various heights
and configurations of dunes may perform this function, no standardized physical description
applies. Foredunes are distinguishable from surrounding dune types by their relative location and
physical appearance.
Foredune Ridge means the high continuous line of dunes which are usually well vegetated
and rise sharply landward of the foredune area but may also rise directly from a flat, wave-cut
beach immediately after a storm.
General Land Office. See Texas General Land Office.
Habitable structures means any structure suitable for human habitation including, but not
limited to, single or multifamily residences, hotels, condominium buildings, and buildings for
commercial purposes. Each building of a condominium regime is considered a separate habitable
structure, but if a building is divided into apartments, then the entire building, not the individual
Page 5 of 10
apartments, is considered a single habitable structure. Additionally, a habitable structure includes
porches, gazebos, and other attached improvements.
Industrial facilities include, but are not limited to, those establishments listed in Part 1,
Division D, Major Groups 20 through 39 and Part 1, Division E, Major Group 49 of the Standard
Industrial Classification Manual as adopted by the Executive Office of the President, Office of
Management and Budget (1987 ed.). However, for the purposes of Title A, subchapter 31, the
establishments listed in Part 1, Division D, Major Group 20, Industry Group Number 209,
Industry Numbers 2091 and 2092 are not considered "industrial facilities."
Large-scale construction means construction activity greater than five thousand (5,000)
square feet in area and habitable structures greater than two (2) stories in height. Multiple-family
habitable structures are typical of this type of construction.
Line of vegetation means the extreme seaward boundary of natural vegetation which spreads
continuously inland. The line of vegetation is typically used to determine the landward extent of
the public beach.
Littering means any act of placing, scattering or leaving unattended upon any beach in the
City any:
1. Glass bottles, jars or other types of glass containers;
2. Tin cans or any other type of metal containers;
3. Newspapers, paper sacks, paper containers, or any other type of used paper or plastic;
4. Decayable food, fruit, vegetables or any remnant or residue thereof; and/or
5. Trash or debris of any type or character, including without limitation broken toys,
wooden, metal or any other type of boxes, containers or receptacles.
Local government means a municipality, county, any special purpose district, any unit of
government, or any other political subdivision of the state.
Man-made Vegetated Mound means a mound, hill, or ridge of sand created by the deliberate
placement of sand or sand trapping devices including sand fences, trees, or brush and planted
with dune vegetation.
Master Planned Development means a document containing maps, drawings, narrative,
tables, and other forms of communication that provides information about the proposed use of
specific land and/or water that include, but is not limited to, as appropriate, descriptions of land
and/or water uses, land and/or water use intensities, building and/or site improvement locations
and sizes, relationships between buildings and improvements, vehicular and pedestrian access
and circulation systems, parking, utility systems, stormwater management and treatment systems,
geography, geology, impact assessments, regulatory-approved checklist, and phasing.
Information in the master plan may be conceptual or detailed depending on the status of its
regulatory approval.
Minimization means minimizing effects on critical dunes and critical dune vegetation by
limiting the degree or magnitude of the action and its implementation.
Page 6 of 10
Mitigation Sequence means the series of steps which must be taken if dunes and dune
vegetation will be adversely affected, such as:
1. First, such adverse effects shall be avoided.
2. Second, adverse effects shall be minimized.
3. Third, the dunes and dune vegetation adversely affected shall be repaired, restored, or
replaced.
4. Fourth, the dunes and dune vegetation adversely affected shall be replaced or
substituted to compensate for the adverse effects.
Mobile business establishment means a person or business entity engaging in beach rentals
from or out of a motor vehicle or other mobile vehicle, or from a temporary structure which is
easily moved from the beach or to another location on the beach on two-hour notice.
National Flood Insurance Act means 42 United States code, section 4001 et seq.
Natural resources mean land, fish, wildlife, insects, biota, air, surface water, groundwater,
plants, trees, habitat of flora and fauna, and other such resources.
Off-highway Vehicle means:
1. an all-terrain vehicle, as defined by Section 502.001 [663.001], Transportation Code;
2. an off-highway motorcycle;
3. a recreational off-highway vehicle, as defined by Section 502.001, Transportation
Code; and (4) any other motorized vehicle used for off-highway recreation on:
i. public land over which the City has authority or on land purchased or leased
by the City; or
ii. land acquired or developed under any grant program operated or administered
by the City.
Open Beaches Act. Texas Natural Resources Code, section 61.001 et seq.
Open Space means those areas completely free of structures.
Owner or Operator means any person owning, operating, or responsible for operating
commercial or industrial facilities.
Permit or certificate condition means a requirement or restriction in a permit or certificate
necessary to assure protection of life, natural resources, property, and adequate beach use and
access rights (consistent with the Dune Protection Act) which a permittee must satisfy in order to
be in compliance with the permit or certificate.
Permittee means any person authorized to act under a permit or a certificate issued by a local
government.
Person means an individual, firm, corporation, association, partnership, consortium, joint
venture, commercial entity, United States Government, state, municipality, commission, political
subdivision, or any international or interstate body or any other governmental entity.
Page 7 of 10
Pipeline means a tube or system of tubes used for the transportation of oil, gas, chemicals,
fuels, water, sewerage, or other liquid, semi-liquid, or gaseous substances.
Practicable means that in determining what is practicable, local governments shall consider
the effectiveness, scientific feasibility, and commercial availability of the technology or
technique. Local governments shall also consider the cost of the technology or technique.
Practicable Alternative means a reasonable alternative which can be put into practice and is
economically and scientifically feasible.
Restoration means repairing, rehabilitating, or restoring affected dunes and dune vegetation.
Retaining wall means a structure designed primarily to contain material and to prevent the
sliding of land.
Seawall means an erosion response structure that is specifically designed to withstand wave
forces.
Seaward of a Dune Protection Line means the area between a dune protection line and the
line of mean high tide.
Single-family Housing means a structure designed and arranged exclusively for the use and
occupancy of one (1) family. This housing does not include duplexes, apartments, condominium
complexes or other multifamily structures.
Small-scale Construction means construction activity less than or equal to five thousand
(5,000) square feet and habitable structures less than or equal to two (2) stories in height. Singlefamily habitable structures are typical of this type of construction.
Special Events means any event which promotes recreation, leisure or education, including,
but not limited to, the following: artistic, crafts, music, and sports contests, events, showings, and
competitions, including commercial activities associated therewith.
Special Events – Large Scale means any event which meets any one (1) of the following
criteria as estimated in good faith by the city manager:
1. The estimated cost to put on the event exceeds seven thousand dollars ($7,000.00);
2. The estimated number of people who will be attending the event any day it is to be
held exceeds three thousand (3,000);
3. The estimated number of people who will be attending the event for its duration
exceeds ten thousand (10,000); and/or
4. The duration exceeds three (3) days.
Structure means or includes, without limitation, any building or combination of related
components constructed in an ordered scheme that constitutes a work or improvement
constructed on or affixed to land (i.e., buildings, parking lots, roads, swimming pools, tennis
courts.)
Page 8 of 10
Swales means low areas within a dune complex located in some portions of the Texas coast
which function as natural rainwater collection areas and are an integral part of the dune complex.
Texas General Land Office means the State agency constitutionally charged with the
responsibility of managing our state resources for the benefit of public education. Also known as
the GLO.
Unique flora or fauna means flora or fauna which are not found on other coastal property in
Nueces County.
Washover Areas means low areas that are adjacent to beaches and are inundated by waves
and storm tides from the Gulf of Mexico. Washovers may be found in abandoned tidal channels
or where foredunes are poorly developed or breached by storm tides and wind erosion.
Section 27-2 through Section 27-49 Reserved for future use.
SECTION 2.
EFFECTIVE DATE
As provided by Article III, Section 12.C. and by Article XII, Section 2 of the Charter of the City
of Port Aransas, this ordinance shall be effective upon adoption and, in addition, if any penalty,
fine or forfeiture is imposed by this ordinance, then this ordinance shall be effective only after
publication of this ordinance in its entirety or in summary form once in the official newspaper of
the City of Port Aransas.
SECTION 3.
READING
As provided by Article III, Section 13 and Article III, Section 12(b) of the Charter of the City of
Port Aransas, this ordinance or the caption of it shall be read at three city council meetings with
at least one week elapsing between each reading.
SECTION 4.
SEVERANCE.
If any part of this ordinance is invalid or void or is declared to be so, then said part shall be
severed from the balance of this ordinance and said invalidity shall not affect the balance of this
ordinance, the balance of the ordinance to be read as if said invalid or void portion thereof were
not included.
SECTION 5.
PUBLICATION.
As provided by Article III, Section 12 (c), this ordinance shall be published one time in the
official newspaper of the City of Port Aransas, Nueces County, Texas, which publication shall
contain the caption of this ordinance stating in substance the purpose of same.
Page 9 of 10
AN ORDINANCE AMENDING THE CITY OF PORT ARANSAS CODE OF
ORDINANCES BY ADDING A NEW CHAPTER 27 “PUBLIC BEACH”, ARTICLE
III. “TRAFFIC” DIVISION 1. “IN GENERAL” BY DESIGNATING SPEED
LIMIT, PUBLIC ROADWAY, PARKING AREAS AND SIGNAGE CRITERIA;
AND PROHIBITING OFF-HIGHWAY VEHICLES; DIVISION 2. “VEHICLE
BEACH PERMITS & BEACH USER FEES” BY SETTING PERMITS AND FEES,
AND ENUMERATING ALLOWABLE USES; DIVISION 3. “BEACH CLOSURES”
BY AUTHORIZING BEACH USE, ACCESS AND CLOSURES FOR PUBLIC
HEALTH AND SAFETY; PROVIDING FOR THE VALIDITY OF SAID
SECTION 1.
ADDITION
That Chapter 27 “Public Beach”, Article III. “Traffic”, Division 1. “In General” is hereby added
to wit:
Article III. “Traffic”
Division 1. “In General”
Section 27-400.
Public avenue and speed designations.
(a)
Public avenue designated. The city beach is hereby set apart, designated and declared to
be a public avenue owned by the state and as such subject to all the regulations and
ordinances of the city and the state relating to streets.
(b)
Speed designated. No person shall operate or cause to be operated any motor vehicle at a
speed in excess of fifteen (15) miles per hour upon the city beach.
Section 27-401.
Main traveled roadways established.
(a)
The city may erect a line of twelve-inch diameter posts on the beach from the Horace
Caldwell Pier to the city limits immediately south of Access Road 1 and on any other
beach areas within the city limits. Said line of posts shall be parallel to the vegetation line
adjacent to the beach. The distance from the vegetation line to the posts shall be
approximately forty-five (45) feet and such posts shall be placed approximately two
hundred (200) to two hundred thirty (230) feet apart along the line. Such line of posts
shall be called the barrel posts because they shall be used to hang trash barrels. Where
this line of posts stands alone, the main traveled roadway shall lie to the west of the line
providing two-way traffic for both northbound and southbound vehicles. Vehicles shall
be permitted to leave the roadway for the purpose of driving to the designated parking
area which shall lie to the east of this line of posts.
Page 1 of 8
(b)
The city may erect additional lines of posts parallel to the first most westerly line of
posts, described above. The purpose of these additional lines of posts shall be to establish
divided lines of traffic, define parking areas and create protected pedestrian areas which
are free from vehicular traffic.
1. When a beach width of a minimum of two hundred fifty (250) feet is available, such
distance measured as the distance between the line of vegetation and the line of mean
low tide, the main traveled roadway may be comprised of four (4) lanes of traffic and
shall be established in the following manner. A line of six-inch diameter posts shall
be placed twenty (20) feet east of the first line of posts which shall define a diagonal
parking area for passenger vehicles. Such line of posts shall be placed approximately
five (5) feet apart. West of where this line of posts is established the flow of traffic
shall be southbound. A third line of twelve-inch diameter posts shall be placed forty
(40) feet east of the second line of posts. Such line of posts shall be placed
approximately two hundred (200) to two hundred thirty (230) feet apart. This line of
posts shall also be known as the barrel post line. West of where this line of posts is
established the flow of traffic shall be northbound. A fourth line of six-inch diameter
posts shall be established thirty (30) feet east of the third row of posts and shall define
a diagonal parking area for passenger vehicles, RVs and travel trailers to the west of
said line and a vehicle free protected pedestrian area to the east. Such line of posts
shall be placed approximately five (5) feet apart.
2. In areas where the distance between the line of vegetation and line of mean low tide is
less than two-hundred fifty (250) feet, two (2) lanes of traffic may be established in
the following manner. Two-way traffic shall be established between the vegetation
line and the line of twelve-inch diameter posts forty-five (45) feet to the east of the
vegetation line. Such line of posts shall be placed approximately two hundred (200) to
two hundred thirty (230) feet apart. This line of posts shall also be known as the
barrel post line. An additional line of six-inch diameter posts shall be established
thirty (30) feet to the east of this line of posts and shall define a diagonal parking area
for passenger vehicles, RVs and travel trailers to the west of said line and a vehicle
fee protected pedestrian area to the east. Such line of posts shall be placed
approximately five (5) feet apart.
(c)
The city manager is authorized to make adjustments to routing of traffic along the entire
beach road based on traffic and/or beach conditions and to control access between lanes of
the divided portions of the traveled roadways. The city manager is further authorized to
determine when additional traffic control posts are required and in what manner they are to
be installed in accordance with this Chapter. Such determination to be based on an increase
in the numbers of pedestrian users of a specific stretch of beach.
(d)
Upon request of a property owner who wants traffic control posts installed prior to the time
when, in the opinion of the city, use of the beach justifies such installation, the city will
install, repair, replace and maintain such posts and required traffic control signs at the cost
and expense of the property owner. Such posts shall be installed, repaired, replaced and
maintained in accordance with policy established above. Any such installation,
replacement, repair, and maintenance shall also include the necessary traffic control signs
Page 2 of 8
and devices. Prior to installation a plan of the requested installation shall be submitted to
the city for review and approval.
Section 27-402.
(1)
(2)
(3)
(4)
(5)
Designation of accessways, parking areas, and beaches closed to
motor vehicles.
Accessways. Where vehicles are prohibited from driving on and along the beach,
accessways providing both ingress and egress shall be no farther apart than one-half (½)
mile.
Parking areas. If on beach parking is eliminated adjacent off-beach parking will be
provided and shall accommodate one car for each fifteen (15) linear feet of beach.
Free beach access. The city shall maintain free public beach access by providing areas
where no fee is charged for parking on or off the beach and for pedestrian access.
Access for disabled persons. The city shall establish, preserve, and enhance access for
disabled persons.
Identification of fee and non-fee areas. The city does conspicuously mark and shall
identify both fee and non-fee beach areas with signs that clearly indicate the location of
both the fee and non-fee areas and that identify the city as the entity collecting the fee.
Section 27-403.
Abandonments of public access or parking areas prohibited.
The city shall not abandon, relinquish, or convey any right, title, easement, right-of-way,
street, path, or other interest that provides existing or potential beach access or parking area,
unless an equivalent or better beach access or parking area is first provided by the city consistent
with its beach access plan.
Section 27-404.
Traffic restricted to the main traveled roadway; applicability.
(a)
No person shall drive or operate a motor vehicle on any portion of the beach other than
on the main traveled roadway of such beach.
(b)
This shall not apply to the driver of any vehicle while proceeding from the main traveled
roadway on the beach toward that point fifty (50) feet from the water's edge designated
for the purpose of parking such vehicle or returning therefrom. In those areas where rows
of posts define designated diagonal parking areas removal of barriers which restrict
access to "emergency vehicles only" or removal of posts to move vehicle closer than the
distance established by the posts is prohibited.
(c)
This shall not apply to the driver of any emergency vehicle while proceeding to any other
area of the beach for the purpose of assisting in an emergency or in returning therefrom.
(d)
Vehicles are prohibited from traveling on or parking on the sand dunes.
Section 27-405.
Off-Highway vehicles prohibited.
(a)
In the interest of public safety for all who frequent City beach areas and for the protection
and preservation of Coastal Dune vegetation, the City, no person shall operate an offhighway recreational vehicle on any beach within the corporate limits of the City.
Page 3 of 8
(b)
A recreational off-highway vehicle owned by the state, county, university, or
municipality and operated in compliance with 663.037, Transportation Code is exempt
from this prohibition.
Section 27-406.
Traffic signs to be erected.
(a)
The city shall cause to be designed, made and posted, beach and traffic regulation and
speed limit signs indicting the regulations prescribed in this article. Such signs shall be in
compliance with the current provisions of the "Texas Manual on Traffic Control Devices
for Streets and Highways," stating the applicable speed limits and motor vehicle traffic
regulations or prohibitions and the applicable beach regulations or prohibitions.
(b)
Signs shall be erected on the beach to indicate the area requiring a vehicle beach permit
and the area of free parking. In the area where permits are required sufficient signs shall
be provided to inform visitors who do not see the sign placed at all entrances to the
beach.
Section 27-407.
Miscellaneous Signage
No person shall display or cause to be displayed on or adjacent to any public beach any
sign, marker, or warning, or make or cause to be made any written or oral communication or
other representation that the public beach, or a public accessway to and from the public beach, is
private property not subject to use by the public. This provision does not prohibit signs or other
written or oral communications that areas landward of the vegetation line and accessways
thereon, other than public accessways, are private property.
Section 27-408 through Section 27-449 reserved for future use.
SECTION 2.
ADDITION
That Chapter 27 “Public Beach”, Article III. “Traffic”, Division 2. “Vehicle Beach Permits” is
hereby added to wit:
Division 2. “Vehicle Beach Permits, Beach User Fees”
Section 27-450.
Vehicle beach permit required.
(a)
No person shall park a motor vehicle upon a designated parking area of the city beach
without a valid city beach parking permit securely attached to the lower right passenger
side of the front windshield of the vehicle.
(b)
Each permit shall expire on December 31 of the same calendar year in which it is issued.
(c)
From the month of October through the month of December, vehicle beach permits for
the next year may be issued by the city for the normal permit fee plus a fee to be set by
city council by resolution plus tax. Such permits will be valid from the date sold through
December 31 of the following year.
Page 4 of 8
(d)
Permits shall be issued by the city or its authorized agent upon payment of a fee to be set
by city council by resolution plus tax.
(e)
No permit shall be required to park in the county park or in the area of the city-managed
beach between mile marker 52 and mile marker 58. This shall be designated a free
parking zone.
Section 27-451.
Use of vehicle permit fund.
All funds derived from the fee requirement of this Chapter shall be utilized exclusively
for the following purposes:
1. To pay the costs of administering requirements of this Chapter;
2. For cleaning and maintenance of the public beach;
3. For construction, maintenance, replacement and repair of facilities on the beach
provided for the use and convenience of the public and traffic control or road signals,
signs, devices or structures on the beach;
4. For the payment of all costs directly related to management; and
5. For public safety on the beach.
Section 27-452.
Failure to have vehicle permit.
There is hereby established a fine of fifty dollars ($50.00) for failure to comply with this
permit requirement.
Section 27-453.
Beach user fees.
(a)
Eligibility. The city shall not amend a beach user fee unless it has a state approved beach
access plan. The city generates its user fee revenues from the sale of beach parking
permits.
(b)
Reciprocity of fees. The city has established and will maintain free parking areas to beach
users with permits for areas other than Port Aransas access to and use of the public beach.
(c)
Use of fee revenue. The city shall not impose a fee or charge for the exercise of the public
right of access to and from public beaches. The city may charge beach users a fee in
exchange for providing services to beach users in general. The city may only impose a
beach user fee if the fee is reasonable taking into account the cost to the city of providing
public services and facilities directly related to the public beach. A reasonable fee is one
that recovers the cost of providing and maintaining beach-related services. In addition,
any fee collected for off-beach parking to provide access to and from the public beach is
considered a beach user fee. For each fiscal year, the city shall not spend more than ten
(10%) percent of beach user fee revenues on reasonable administrative costs directly
related to beach-related services. The city shall send quarterly reports to the GLO stating
the amount of beach user fee revenues collected and itemizing how beach user fee
revenues are expended. All funds derived from the fee shall be utilized exclusively for
the following purposes:
1.
To pay the costs of administering requirements of this article;
2.
for cleaning and maintenance of the public beach;
Page 5 of 8
3.
4.
5.
(d)
For construction, maintenance, replacement and repair of facilities on the beach
provided for the use and convenience of the public and traffic control or road
signals, signs, devices or structures on the beach;
For the payment of all costs directly related to management; and
for public safety on the beach. Beach user fees may only be spent on beachrelated services.
Beach user fee accounts. The city shall follow the following methods for administering
beach user fee accounts:
1.
Beach user fee revenues shall be maintained and accounted for so that fee
collections may be directly traced to expenditures on beach-related services.
Beach user fee revenues shall not be commingled with any other funds and shall
be maintained in separate bank accounts.
2.
Beach user fee revenues shall be maintained in a separate account and
documented in a separate financial statement for each beach user fee. Beach user
fee revenue account balances and expenditures shall be documented according to
generally accepted accounting principles.
Section 27-453 through Section 27-479 Reserve for Future Use
SECTION 3.
ADDITION
That Chapter 27 “Public Beach”, Article III. “Traffic”, Division 3. “Beach Closures” is hereby
added to wit:
Division 3. “Beach Closures”
Section 27-480.
Public Necessity
(a)
The city may by order close areas of the public beach in cases of public necessity. "Public
necessity" shall be limited to environmental emergencies, public health and safety
emergencies, and government entities performance of government functions whose
importance justifies the restriction of public access. The city shall limit the closure to the
smallest possible area and the shortest possible time necessary.
(b)
This order does not restrict the ability of any peace officer or other official in any
extraordinary emergency to protect safety or property by exercising powers or carrying
out duties conferred on the officer under generally applicable law.
Section 27-481.
Special Event
The city may by order close part of the public beach for a maximum of three (3) days
each year to allow a nonprofit organization to hold an event on the beach to which the public is
invited and to which the organization charges no more than a nominal admission fee.
Page 6 of 8
Section 27-482.
Preservation and enhancement of public beach use and access.
(a)
The Port Aransas plan currently allows vehicles to drive and park along all or a portion of
the public beach. To this extent, the city is not providing in this plan specific
requirements or conditions for beachfront construction that would preserve or enhance
public beach use and access upon closure of the beach to vehicles, e.g., owner-dedicated
off-beach parking areas and access points and similar measures contemplated by 31
Texas Administrative Code section 15.5 and section 15.7. The city acknowledges that
allowing beachfront construction to proceed without reservation or dedication for
alternate public access effectively commits the city to allowing continued driving and
parking on the beach, at least until such time as alternative public access is provided, as
through subsequent dedications by owners, government purchase or other appropriate
measures. For the purposes of this plan, beach access and use is presumed to be preserved
if the following criteria are met:
1. Parking on or adjacent to the beach is adequate to accommodate one (1) car for each
fifteen (15) linear feet of beach.
2. Where vehicles are prohibited from driving on and along the beach, ingress/egress
accessways are no farther apart than one-half (½) mile.
3. Signs are posted which conspicuously explain the nature and extent of vehicular
controls, parking areas, and access points.
(b)
This provision does not apply to any existing city traffic regulations enacted before the
effective date of Title A, Subchapter 31, and the former law is continued in effect until
the regulations are amended or changed in whole or in part. New or amended vehicular
traffic regulations enacted for public safety, such as establishing speed limits and
pedestrian rights-of-way, are exempt from the certification procedure but must
nevertheless be consistent with the Open Beaches Act and Title A, Subchapter 31.
Section 27-483 through Section 499 Reserved for Future Use
SECTION 2.
EFFECTIVE DATE
publication of this ordinance in its entirety or in summary form once in the official newspaper of
the City of Port Aransas.
SECTION 3.
READING
SECTION 4.
SEVERANCE.
Page 7 of 8
AN ORDINANCE (1) AMENDING SECTION 25-121 PORT ARANSAS CODE OF
ORDINANCES (“PACO”) AND THEREBY RE-ZONING THAT PORTION OF
THE LAND AREA KNOWN AS HARBOR ISLAND WHICH IS INCLUDED
WITHIN THE HI HARBOR ISLAND ZONING DISTRICT UNDER SECTION 25121 PACO, MORE PARTICULARLY BY DELETING THE LIST OF ALLOWED
USES SET FORTH IN 25-121 AND REPLACING THAT LIST WITH A MORE
RESTRICTIVE LIST OF ALLOWED HEAVY INDUSTRY USES, ALL OF
WHICH LAND IS WITHIN PORT ARANSAS’ CITY LIMITS AND IS
GENERALLY LOCATED NORTH OF CORPUS CHRISTI SHIP CHANNEL, TO
THE WEST OF THE EXTREME NORTHEAST TIP OF MUSTANG ISLAND,
AND IS SEPARATED FROM THE REMAINDER OF THE CITY, WHICH LIES
ON MUSTANG ISLAND, BY THE CORPUS CHRISTI SHIP CHANNEL, AND (2)
PROVIDING FOR A DECLARATION OF CITY BOUNDARY, (3) FOR
CORRECTION OF THE OFFICIAL ZONING MAP, AND (4) FOR READING,
EFFECTIVE DATE, AND SEVERANCE.
FINDINGS
The City Council of the City of Port Aransas, Texas (Council) makes the legislative
findings hereinafter set forth at Parts A through and including D, all of which are hereby found to
be true and correct legislative and factual findings of the Council, and they are hereby approved
and incorporated into the body of this Ordinance as part of this Ordinance.
Part A. Harbor Island – Historical Use Overview
Harbor Island lies to the West of the extreme Northeast tip of Mustang Island, includes land on
both sides of Aransas Channel, and is separated from the remainder of the city (which lies on
Mustang Island) by the 1,500’ wide Corpus Christi Ship Channel. The ship channel provides
shipping access from the Gulf of Mexico to various inland ports including the cities of Port
Aransas, Aransas Pass, Ingleside, Portland, and Corpus Christi.
Historical use of Harbor Island dates back to the late 1800’s, however, industrial uses did not
take hold until 1912, following the completion of a permanent federal built jetty system that
opened the doors for reliable shipping access and a rail system connecting mainland Aransas
Pass. Cotton export was the first commercial activity seen (1912) followed immediately by
crude oil storage and transport (1912), then a shipyard in 1918. With the opening of the Corpus
Christi Ship Channel in 1927, Harbor Island activity slowed due to competition with a larger port
town with better amenities. Cotton uses left in 1926 leaving the island’s primary use through the
30’s, 40’s, 50’s and 60’s to oil storage and transport, and a public ferry system that provide
transportation to the City of Port Aransas.
New developments in offshore drilling changed everything in the 70’s. The need for offshore rig
fabrication yards with deep water access and close proximity to the Gulf of Mexico meant
Page 1 of 6
another busy cycle for Harbor Island. This was immediately followed by offshore rig support
businesses setting up operations to run crews and drilling supplies back and forth from the rigs.
Though large rig fabrication slowed in the early 2000’s, offshore crew and drilling support still
continues today. The early 1990’s also saw the end of crude oil storage on Harbor Island and the
tank farms once owned by Fina and Exxon were slowly dismantled over the next few years.
Other recent uses include: the Texas Treasure casino ship in operation from 2000-2008, offshore
support companies Haliburton, and Martin Midstream, fabricators Brown & Root, J. Ray
McDermott, and most recently, LNG transporter Martin Midstream.
Ownership of Harbor Island properties has changed throughout the years. The largest ownership
change in the last twenty years came in 1995 when the Port of Corpus Christi (POCC) purchased
the Fina/Exxon tracts.
Part B. Harbor Island - Historical Incorporation and Annexation Overview
The City incorporated in 1911, including within its original boundaries the tip of Harbor Island
which is generally defined by and lies at the junction of Corpus Christi Ship Channel and
Aransas Channel and is directly across the Corpus Christi Ship Channel from what is present day
Robert’s Point Park. The City in 1970 by Ordinance 70-2, in 1973 by Ordinance 73-1, and in
1980 by Ordinance 80-6 annexed additional Harbor Island land.
Part C. Harbor Island - Historical Zoning Overview
The portion of Harbor Island which is within the city limits of Port Aransas and is within the HI
Harbor Island zoning district was originally defined by the City’s official zoning map in 19851986. While the district name and uses allowed in the district have changed over time, the
boundaries of the district have never been changed. The land in the district is governed for
zoning purposes by Section 25-121 Port Aransas Code of Ordinances. It lies north of Corpus
Christi Ship Channel, and is more specifically described, to the extent the following include
Harbor Island land located north of Corpus Christi Ship Channel, by the Order of the County
Judge of Nueces County, Texas dated February 20, 1912 establishing the City’s original
incorporation boundaries to which reference is made in minutes of the City Council dated
January 26, 1952, and by City Ordinances numbered 70-2, 73-1 and 80-6. It is this land which is
in the HI Harbor Island Zoning District, is governed as to zoning by Section 25-121 Port Aransas
Code of Ordinances, and is directly affected and effectively re-zoned by this Ordinance.
There have been three primary zoning actions affecting those portions of Harbor Island within
Port Aransas’ jurisdiction and which are the subject of this Ordinance. The first was Ordinance
85-22 in 1985, followed by Ordinance 97-8 in 1997, and Ordinance 10-05 in 2010 as follows:
1985 Ordinance 85-22. What is now the HI Harbor Island zoning district was then called
“Industrial District” and the ordinance provided that property could be used in such
district only for the following purposes:
Page 2 of 6
(23) Storage of petroleum and petroleum products, crewboat docking facilities
and petroleum related uses;
(24) Fabrication and manufacturing of oil rig jackets and structures.
(25) Dwellings for resident watchmen – caretakers.
1997 Ordinance 97-8. The district name was changed to “I-2 Heavy Industrial” and the
ordinance provided that land in the district could only be used for:
(1)
(2)
Any lawful, non-dwelling, non-residential use or
Dwellings for resident watchmen/caretakers.
2010 Ordinance 10-05. The district was renamed “HI Harbor Island.” Allowed uses
were defined and are now codified under Sec. 25-121 PACO as follows:
“Sec. 25-121. Harbor Island District – In this district no land or building shall be
used, erected for, or converted to any use other than:
(1)
(2)
(3)
(4)
Heavy industrial uses;
Any lawful, non-dwelling, non-residential use;
Planned unit developments (PUD) and master planned developments
are encouraged;
Dwellings for resident watchmen/caretakers provided they are clearly
incidental and secondary with the main use to which the property is
put.”
25-121 PACO establishes the HI Harbor Island zoning district. I understand Port Aransas
adopted zoning in 1985 and the official zoning map created in 1986 defining the land which was
included in each district includes in the district now known as “HI Harbor Island” zoning district
but then called “Industrial” all of the Harbor Island land incorporated within the City’s original
1911-1912 incorporated territory and all Harbor Island land annexed by Ordinances 70-2, 73-1,
and 80-6. I understand no other land in Port Aransas is in the district, that from 1985 to the
present no changes have been made by extracting land from it or adding land to it. I understand
that, even though the zoning district boundaries have not changed since 1985-86, the 1997
revised official zoning map mistakenly left out the Harbor Island land which lies northeast of
Aransas Channel (i.e. some of the Harbor Island land annexed by Ordinance 80-6 and all of the
Harbor Island land annexed by Ordinance 73-1), and the 2010 revised official zoning map
simply copied the 1997 map boundary. The official zoning map must be corrected to correctly
reflect the land which is in fact in the HI Harbor Island zoning district.
Part D. Present Day Conditions and Determination
The Port of Corpus Christi owns substantial acreage on Harbor Island some or all of which
acreage was recently slated to have been sold to Martin Midstream which proposed to develop
multiple fractionator and splitter plants, and storage facilities on the land. The sale did not occur,
but the planned use spurred serious concern of the citizens of Port Aransas and this Council
about future development on Harbor Island.
Page 3 of 6
A public need exists to re-zone Harbor Island in order to promote and avoid damage to the life,
health, property, safety and public peace of the City and its citizens. The City of Port Aransas
developed as a fishing village. It is a non-industrial town and relatively clean and free of the
pollutants which normally accompany some industrial developments. Its commercial structures
historically were small and primarily wooden with peaked roofs. The City in its commercial area
had and still has the flavor and ambiance of a small fishing village which imbues it with a
distinctive charm and character. The City has in the past few years, experienced extremely rapid
growth and is in danger of losing the charm which makes it an attractive, unique venue. In
recognition of this situation the City Council has determined that re-zoning Harbor Island and the
imposition of additional controls upon new heavy industry development on Harbor Island is in
the public interest. In order to prevent the development of Harbor Island in a way which would
adversely affect, damage or destroy the aesthetics or environment of the City the Council
considers it necessary to re-zone Harbor Island. The Planning and Zoning Commission and City
Council have reviewed and analyzed Harbor Island development, historical, current and future,
to determine if the zoning classifications, including design, construction and development
standards, are consistent with the City’s Comprehensive Plan, and whether such classifications
and standards currently are in the best interests of the community and the general welfare of the
City. The City Council has determined that it is in the best interest of the public to re-zone the
property.
The records of the city show that the Harbor Island area has been a part of the city continuously
for several decades as more specifically set out in the Incorporation and Annexation History
under Part B above. The city has provided municipal services, including police protection, to the
area and has otherwise treated the area as a part of the city continuously with respect to each part
of Harbor Island from the time each part was taken into the city limits to the present. There has
not been a final judicial determination during any of this time that the area of Harbor Island now
inside the boundaries of the City according to the records of the City and as found in this
Ordinance to be within the City’s boundaries is outside the boundaries of the city. In fact, the
final Decree of the 94th District Court of Nueces County, Texas in cause numbered 76-12-C
expressly decreed the validity of the City’s annexation ordinances and boundaries as of the date
of the decree March 30, 1977. There is no pending lawsuit that challenges the inclusion of the
Harbor Island area as part of the city.
The Planning & Zoning Commission met December 19, 2013 and considered the matter of the
development and re-zoning of Harbor Island, adopted a preliminary report, and set a public
hearing. The Planning & Zoning Commission conducted a public hearing on January 16, 2014
and adopted a final report, which includes a recommendation to the Council that Harbor Island
be re-zoned. The Council on January 16, 2014 received the Planning & Zoning Commission
final report and thereafter conducted a public hearing. Notices of the public hearings and
meetings were published, posted and given to those entitled, in the time, and in the proper form,
all as required by law.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARANSAS,
COUNTY OF NUECES, STATE OF TEXAS:
Page 4 of 6
SECTION 1. AMENDMENT AND DECLARATION.
Sub-Section 1.a.
It is hereby declared that all land area shown to be within Port Aransas city limits original
incorporation boundaries and all land area annexed by Ordinances 70-2, 73-1 and 80-6, is
adjacent to the remainder of the City and is part of the City for all purposes.
Sub-Section 1.b.
Section 25-121 Port Aransas Code of Ordinances is hereby amended, new matter being indicated
by underlining and deleted matter by interlining:
Section 25-121. – HI Harbor Island district regulations.
In this district no land or building shall be used, erected for, or converted to any use other than:
1. Any lawful, non-dwelling, non-residential use listed in R-1, R-2, TR-1, TR-2, TR-3, C-1,
C-2, or I-1;
2. Light manufacturing;
3. Marine terminals;
4. Storage Facilities for oil and/or gas;
5. Ship yards;
6. Fabrication yards;
7. Offshore oil/gas support services;
8. Cruise ship/Gaming ship terminal;
9. Research and testing laboratories;
10. Communication towers;
11. Concrete and asphalt batch plants;
12. Seafood processing, packing, and storage;
13. Dwellings for resident watchmen/caretakers;
14. Dredge material placement areas.
Planned Unit Developments are encouraged.
Sub-Section 1.c.
The City’s Official Zoning Map shall be corrected to reflect the inclusion of all Harbor Island
land which is in Port Aransas city limits in the HI Harbor Island zoning district governed by 25121 PACO as found above.
SECTION 2. EFFECTIVE DATE. As provided by Article III, Section 12.C. and by Article
XII, Section 2 of the Charter of the City of Port Aransas, this Ordinance shall be effective upon
adoption and, in addition, if any penalty, fine or forfeiture is imposed by this Ordinance, then this
Ordinance shall be effective only after publication of this Ordinance in its entirety or in summary
form once in the official newspaper of the City of Port Aransas.
SECTION 3. READING. As provided by Article III, Section 13 and Article III, Section 12.b.
of the Charter of the City of Port Aransas, this Ordinance or the caption of it shall be read at
three city council meetings with at least one week elapsing between each reading.
Page 5 of 6
CHAPTER 3 “ALCOHOLIC BEVERAGES”, BY ADDING DEFINITIONS,
REGULATING LOCATION, HOURS, AND PLACES WHERE ALCOHOLIC
BEVERAGES MAY AND MAY NOT BE SOLD; SETTING EXEMPTIONS AND
COMPLIANCE TO STATE LAW; PROVIDING FOR SEVERANCE, READING,
AND EFFECTIVE DATE.
SECTION 1. AMENDMENT
That Chapter 3 “Alcoholic Beverages”; is hereby amended to wit:
Section 3-1.
Definitions.
The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this
subsection, except where the context clearly indicates a different meaning:
Church shall mean a building used principally for religious worship and in which persons assemble and
congregate to worship at least once each week, and which is owned by such congregation of persons or leased by
such congregation for a period of more than one year.
Private school shall mean a private school, including a parochial school that offers a course of instruction
for students in one or more grades from nursery school, pre-kindergarten, kindergarten through grade 12; and has
more than 100 students enrolled and attending courses at a single location.
Public hospital shall mean a hospital to which the public at large is admitted for medical treatment; but
does not include a clinic, or private medical practice, such as a doctor’s office, dentist office, or chiropractic office]
Public school shall mean a school which has one or more of the grades, kindergarten through 12th grade,
and which is owned and conducted by the state or a political subdivision or agency thereof.
Section 3-2.
Alcoholic beverage permits and licenses.
The city shall levy and collect a fee equal to one-half (½) of the fee collected by the state from all premises licensed
or permitted as authorized under the Texas Alcoholic Beverage Code. It shall be the duty of the city secretary to
issue a receipt to each such person paying the license or permit fees.
Section 3-3. Places where alcoholic beverages may not be sold.
(a) No person may sell alcoholic beverages if the place of business is within:
1. Three hundred (300´) feet of a church, public or private school, or public hospital, except that this
paragraph does not apply to the holder of:
a. A license or permit who also holds a food and beverage certificate covering a premise that is
located within 300 feet of a church, public or private school, or public hospital; or
Page 1 of 4
b.
A license or permit covering a premise where minors are prohibited from entering under Section
109.53 of the Texas Alcoholic Beverage Code and that is located within 300 feet of a private
school.
2. One thousand (1,000´) feet of a public school if the city council receives and approved by majority vote of
the council, a request from the board of trustees of a school district under Section 38.007 of the Texas
Education Code, except that this paragraph does not apply to the holder of:
a. A retail on-premises consumption permit or license if less than 50 percent of the gross receipts for
the premises is from the sale or service of alcoholic beverages;
b. A retail off-premises consumption permit or license if less than 50 percent of the gross receipts for
the premises, excluding the sale of items subject to motor fuels tax, is from the sale or service of
alcoholic beverages; or
c. A wholesaler's, distributor's, brewer's, distiller's and rectifier's, winery, wine bottler's, or
manufacturer's permit or license, or any other license or permit held by a wholesaler or
manufacturer as those words are ordinarily used and understood in Chapter 102 of the Texas
Alcoholic Beverage Code.
3. One thousand (1,000´) feet of a private school if the city council receives and approved by majority vote of
the council, a request from the governing body of the private school, except that this paragraph does not
apply to the holder of:
a. A retail on-premises consumption permit or license if less than 50 percent of the gross receipts for
the premises is from the sale or service of alcoholic beverages; or
b. A retail off-premises consumption permit or license if less than 50 percent of the gross receipts for
the premises, excluding the sale of items subject to motor fuels tax, is from the sale or service of
alcoholic beverages; or
c. A wholesaler's, distributor's, brewer's, distiller's and rectifier's, winery, wine bottler's, or
manufacturer's permit or license, or any other license or permit held by a wholesaler or
manufacturer as those words are ordinarily used and understood in Chapter 102 of the Texas
Alcoholic Beverage Code; or
d. A license or permit issued under Chapter 27, 31, or 72 of the Texas Alcoholic Beverage Code who
is operating on the premises of a private school; or
e. A license or permit covering a premise where minors are prohibited from entering under Section
109.53 of the Texas Alcoholic Beverage Code and that is located within 1,000 feet of a private
school.
(b) The measurement of the distance between the place of business where alcoholic beverages are sold and along
the property lines of the street fronts and from front door to front door, and in a direct line across intersections.
Section 3-4.
Exemptions to where alcoholic beverages may be sold.
(a) This section shall not apply to a place of business which is authorized to sell alcoholic beverages prior to the
effective date of the ordinance from which this section is derived, however, should such place of business
discontinue the sale of alcoholic beverages at such location, then this section shall apply thereafter.
(b) This section shall not apply to any place of business legally selling alcoholic beverages at the same location for
a continuous period of one year preceding the establishment, construction or purchase of property for the
establishment or construction of a church, public school or public hospital.
Section 3-5.
Sale of alcoholic beverages; hours.
Page 2 of 4
EMERGENCY
AN EMERGENCY ORDINANCE PROVIDING FOR A MORATORIUM
PRECLUDING THE ACCEPTANCE, FILING AND ISSUANCE OF PROPERTY
DEVELOPMENT PERMITS OR APPROVALS FOR ANY SINGLE RETAIL
STORE EXCEEDING 25,000 GROSS SQUARE FEET OF FLOOR AREA,
PROVIDING FOR AN EFFECTIVE DATE, READING, PUBLICATION, AND
SEVERANCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT
ARANSAS, COUNTY OF NUECES, STATE OF TEXAS:
Section 1. Emergency. This is an emergency ordinance passed in accordance with Article III
Sections 12 and 13 of the Charter of the City of Port Aransas and Section 212.131 et seq. Texas
Local Government Code (“TLGC”).
Section 2. Findings. The moratorium adopted by this ordinance is limited to commercial
property development, as defined at Sections 212.131(3) and (4) TLGC, in particular single
retail stores exceeding 25,000 gross square feet of floor area, sometimes herein referred to as
“big box stores”, and is statutorily justified under Section 212.1352 TLGC. The Council makes
the following legislative findings. A public emergency exists which adversely affects the life,
health, property, and public peace of the City and its citizens as follows. The City of Port
Aransas developed as a fishing village. Its commercial structures historically were small and
primarily wooden with peaked roofs. The City had and still has the flavor and ambiance of a
small fishing village which imbues it with a distinctive charm and character. But the City has in
the past few years experienced extremely rapid growth and is in danger of losing the charm
which makes it an attractive, unique venue. Big box store development would adversely affect,
damage or destroy the aesthetics and character of the City and be detrimental to the public
health, safety and welfare of the residents of the City. Existing commercial development
ordinances and regulations and other applicable laws are inadequate to prevent new development
of big box stores within the city limits of the City. It is necessary to pass this moratorium on an
emergency basis. It is in the best interest of the public to prohibit by this moratorium, to the full
extent and time allowed by law: (1) the acceptance and filing of building permit applications,
zoning applications, plat applications, site plan applications and all other property development
applications for all big box retail store development anywhere in the city limits of the City; (2)
the approval of any such applications; and (3) the issuance of any permits for or approvals of any
such developments. The moratorium will protect the status quo and permit the Planning and
Zoning Commission’s and City Council’s consideration and passage of a zoning regulation
ordinance amendment necessary to permanently address these issues by prohibiting big box retail
stores which exceed the square footage ceiling aforesaid.
All of the premises set forth in this Section 2 are true and correct legislative and factual findings
of the City of Port Aransas, Texas, City Council and they are hereby approved and incorporated
into the body of this ordinance as part of this ordinance.
Page 1 of 3
Section 3. Moratorium. From and after the passage of this ordinance and until expiration or
repeal by the Council, to the full extent and time allowed by law, the following are prohibited:
(1) the acceptance and filing of building permit applications, zoning applications, plat
applications, site plan applications and all other property development applications for any single
retail store exceeding 25,000 gross square feet of floor area anywhere in the city limits of the
City; (2) the approval of any such applications; and (3) the issuance of any permits for or
approvals of any such developments.
Section 4. Reading, Expiration and Extension. As a general rule, ordinances are required by
Article III Section 12 City Charter to be read three times with at least one week elapsing between
each reading; however, Article III Section 13 City Charter provides that emergency ordinances
may be passed on one reading. In order to comply and be consistent with Section 212.134(f)
TLGC requirement that moratorium ordinances be read twice separated by four full days
between the two readings, this ordinance, although it is an emergency ordinance under the City
Charter, will not be effective until second reading.
City Charter Article III Section 13 provides that emergency ordinances expire on the 61st day
after passage, whereas Section 212.1362 TLGC provides that moratorium ordinances justified
under 212.1352 TLGC expire on the 90th day after passage. The zoning regulation ordinance
amendment needed to permanently address the big box store issue will require public hearings
and three readings. If said zoning regulation amendment ordinance has not been finally passed
before the 61st day after the passage of this moratorium ordinance, then the Council shall extend
the Charter dictated expiration date to the same date as the statute dictated expiration date. This
moratorium may be otherwise further extended beyond the expiration date established by
212.1362 as allowed by 212.1362 and as allowed by Charter.
Section 5. Notices and Public Hearings. Notices have been posted, given, and published in
accordance with the requirements of law, including Section 212.134(b) TLGC and public
hearings held , one before the Planning & Zoning Commission on Thursday, May 8, 2014 and
one before the City Council on Thursday, May 8, 2014. The last reading of this ordinance took
place on Thursday, May 15, 2014, a date which is within 12 days after the first public hearing
before the Planning & Zoning Commission in accordance with Section 212.134(f) TLGC.
Section 6. Automatic Temporary Moratorium. In accordance with 212.134(c) a temporary
moratorium took effect on the 5th business day after the first public hearing was held by the P&Z
Commission and continued in effect until the passage of this ordinance.
Section 7. Effective Date. This ordinance shall be effective upon adoption after two readings
separated by four full days.
Section 8. Severance. If any part of this ordinance is invalid or void or is declared to be so, then
said part shall be severed from the balance of this ordinance and said invalidity shall not affect
the balance of this ordinance, the balance of the ordinance to be read as if said invalid or void
portion thereof were not included.
Section 9. Publication. As provided by Article III, Sections 12 and 13 of the City Charter of the
City of Port Aransas, this ordinance shall be published one time in the official newspaper of the
Page 2 of 3
CHAPTER 18 “PUBLIC PLACES, PROPERTY AND SERVICES”, ARTICLE V.
“LIBRARY”
BY
CLARIFYING
REPORTING
AND
DEPOSITORY
PROCEDURES, SETTING EXPENDITURE LIMITS, INCLUDING LIBRARY’S
OFFICIAL NAME OF WILLIAM R. “BILL” ELLIS MEMORIAL LIBRARY;
PROVIDING FOR SEVERANCE, READING, AND EFFECTIVE DATE.
WHEREAS, staff has reviewed said Code of Ordinances and found areas needing general
housekeeping and clarification; and
WHEREAS, the Library Advisory Board has reviewed said Chapter 18 and proposed changes
for consideration by the Port Aransas City Council at the December 2013
meeting.
That Chapter 18 “Public Places, Property and Services, Article V. “Library”; is hereby amended
to wit:
*
*
*
*
*
Section 18-143. Corpus of the trust fund.
(a) The corpus of the library trust fund shall include the following:
(1) All funds on deposit in the name of William R. “Bill” Ellis Memorial Library Trust Fund, which funds
and account are hereby conveyed, granted and assigned to the trustees of the library trust fund;
(2) All funds contributed to the library trust fund directly, where the intent of the donor is to make a
donation to the trust is evidenced in writing upon a tax exempt form approved by the city council; and
(3) All funds contributed to the library trust fund through the city where the intent of the donor is to make
a donation to the trust is evidenced in writing upon a form tax exempt form approved by the city
council.
(b) All of these funds shall be administered by the trustees of the library trust fund for the purpose and in
accordance with the terms and provisions hereof. No funds shall be accepted as part of the library trust fund
created by this article unless such funds are contributed for general or specific purposes directly related to the
library.
Section 18-144. Depository.
The entire library trust corpus and all of the library trust fund income shall be deposited and maintained on deposit
in one (1) or more special accounts in a depository to be selected by the city council.
Section 18-145. Administration of the library trust fund.
Ordinance 2014-09
Page 1 of 3
The library trust fund including corpus and income shall be administered except in so far as set forth herein in
accordance with the Texas Trust Act as it pertains to charitable trusts only for purposes directly related to the
William R. “Bill” Ellis Memorial Library for the benefit of the public.
Section 18-146. Meetings of library trust fund trustees.
No action may be taken and no contract or expenditure made or approved by the trustees of the library trust fund
except upon the concurring vote of not less than a majority of all trustees; except that the library director shall be
authorized to request signatures for payment for expenditures for items of less than one thousand dollars ($1,000.00)
in value.
Section 18-147. Periodic reports and accountings of the trustees of the library trust fund.
(a) Quarterly written reports of receipts and expenditures shall be made by the trustees of the library trust fund to
the city council. Each such report shall be made and due the next council meeting immediately following the
end of each fiscal quarter.
(b) Annual written reports of receipts and expenditures shall be made by the trustees of the library trust fund to the
city council. Such report and accounting shall be made and due the next council meeting immediately following
the end of the fourth fiscal quarter of each year.
(c) The library trust fund shall be included in the annual independent city audit conducted at the close of each fiscal
year.
Section 18-148. Access to records.
The city council and city administration shall at all times have and be given and granted by the trustees of the library
trust fund free and unrestricted access to review and copy any and all records directly or indirectly in any way
related to the library trust fund and its administration. All such records shall be maintained by the trustees of the
library trust fund in the William R. “Bill” Ellis Memorial library in Port Aransas.
*
SECTION 2.
*
*
*
*
SEVERABILITY
It is the intention of the City Council of the City of Port Aransas that if any phrase, sentence,
section, or paragraph of this ordinance shall be declared unconstitutional or otherwise invalid by
final judgment of a court of competent jurisdiction such unconstitutionality or invalidity shall not
affect any of the remainder of this ordinance since the same would have been enacted by the City
Council without the incorporation of the unconstitutional or invalid phrase, sentence, section or
paragraph.
SECTION 3.
READING
Ordinance 2014-09
Page 2 of 3
CHAPTER 25 “ZONING”, ARTICLE IV. “SUPPLEMENTAL DISTRICT
DEVELOPMENT AND USE REGULATIONS”, DIVISION 1.
“GENERAL
PROVISIONS”, SECTION 25-154 BY SETTING MAXIMUM FLOOR AREA TO
SINGLE RETAIL STORES; PROVIDING FOR SEVERANCE, READING, AND
EFFECTIVE DATE.
WHEREAS, at the Thursday, April 17, 2014 City Council Meeting, Staff presented
amendments to Chapter 25 of the Code of Ordinances for Council regarding
establishing an upper end cap on single retail store size so that large box retail
stores do not overwhelm our Island’s small seaside charm and scale; and
WHEREAS, after discussing this proposed amendment, the City Council directed Staff to
proceed with amending Section 25-154 setting a maximum floor area to single
retail stores built in the City’s corporate city limits.
That Chapter 25 “Zoning”, Article IV. “Supplemental District Development and Use
Regulations”, Division 1. “General Provisions”, Sec. 25-154 “Minimum floor area” is hereby
amended to wit:
Sec. 25-154. Dwelling Unit Minimum and Single Retail Store Maximum floor areas established.
(a) Dwelling Unit Minimum Floor Area - The minimum floor area for a dwelling unit shall be at
least six hundred (600) square feet as determined by measurements of the exterior dimensions of
the unit exclusive of accessory buildings and detached or attached garages. Except that an
accessory dwelling unit, as approved in Division V of this chapter may have a minimum floor
area of three hundred (300) square feet.
(b) Single Retail Store Maximum Floor Area - No single retail store whether located in a single
building, a combination of buildings, single tenant space, and/or combination of tenant spaces
shall exceed twenty-five (25,000) thousand gross square feet of floor area in the aggregate. This
size restriction shall apply to new retail stores and expansion of existing retail stores.
SECTION 2.
SEVERABILITY
It is the intention of the City Council of the City of Port Aransas that if any phrase, sentence,
section, or paragraph of this ordinance shall be declared unconstitutional or otherwise invalid by
final judgment of a court of competent jurisdiction such unconstitutionality or invalidity shall not
affect any of the remainder of this ordinance since the same would have been enacted by the City
Chapter 25 “Zoning” Article IV. Division 1, §25-154
Page 1 of 2
AN ORDINANCE OF THE CITY OF PORT ARANSAS, NUECES COUNTY,
TEXAS ADOPTING AND APPROVING THE BUDGET, APPENDED HERETO
AS EXHIBIT A, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2014 AND
ENDING SEPTEMBER 30, 2015; APPROPRIATING FUNDS FOR EACH
DEPARTMENT INCLUDING THE SINKING FUND TO PAY INTEREST AND
PRINCIPAL DUE ON THE CITY’S INDEBTEDNESS; REPEALING ALL PRIOR
ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Budget, appended here as Exhibit A, for Fiscal Year beginning October 1,
2014 and ending September 30, 2015 was duly presented by the City Manager and
Finance Director; and
WHEREAS, the City Council conducted a Public Hearing on Thursday, August 28, 2014
with said notice of Public Hearing were published in the Port Aransas South
Jetty, the official newspaper of the City of Port Aransas, on Thursday, August
14, 2014.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PORT ARANSAS, NUECES COUNTY, TEXAS, THAT:
Section 1. Subject to applicable provisions of State Law, the Budget for Fiscal Year beginning
October 1, 2014 and terminating September 30, 2015 as filed and submitted by the City
Manager, and adjusted by the City Council, contains estimates of resources and revenues for the
year from all of the various sources, and the projects, operations, activities and purchases
proposed to be undertaken during the year, together with the estimated costs thereof, and
estimated amounts of all other proposed expenditures, is hereby approved and adopted.
Section 2. There is hereby appropriated from the funds indicated and for purposes respectively,
such sums of money as may be required for the accomplishment of each of the projects,
operations, activities, purchases and other expenditures proposed in such budget, no to exceed for
any such purposes proposed for any department, the total of the estimated costs of the project,
operations, activities, purchases and other expenditures proposed for each department.
Section 3. That the budget, as shown in words and figures and attached hereto as Exhibit A, is
hereby approved in all respects and adopted as the City's budget for the fiscal year beginning
October 1, 2014 and ending September 30, 2015.
Section 4. If, for any reason, any section, paragraph, subdivision, clause, phrase or provision
of this ordinance shall be held invalid, it shall not affect the valid provisions of this or any other
ordinance of the City of Port Aransas, Texas to which these provisions relate.
Section 5. Publication shall be made one time in the official publication of the City of Port
Aransas, Nueces County, Texas, which publication shall contain the caption stating in
substance the purpose of this ordinance.
Page 1 of 2
TEXAS FIXING AND LEVYING THE MUNICIPAL TAX RATE FOR FISCAL
YEAR BEGINNING OCTOBER 1, 2014 AND ENDING SEPTEMBER 30, 2015;
LEVYING A TAX RATE OF $0.299118 PER $100.00 VALUATION, $0.235228 FOR
THE PURPOSE OF MAINTENANCE AND OPERATION, AND $0.063890 FOR
THE PAYMENT OF PRINCIPAL AND INTEREST ON DEBT OF THE CITY;
DIRECTING THE ASSESSMENT AND COLLECTION THEREOF; REPEALING
ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City Council finds that the tax for the fiscal year beginning October 1, 2014
and ending September 30, 2015, hereinafter levied for current expenses of the
City and for the general improvement of the City and its property must be levied
to provide for the revenue requirements of the budget for the ensuing fiscal year;
and,
WHEREAS, the City Council further finds that the taxes for the fiscal year beginning October
1, 2014 and ending September 30, 2015, hereinafter levied therefore are
necessary to pay interest and to provide the required sinking fund on outstanding
and authorized bonds of the City issued for municipal purposes; and
WHEREAS, this rate will raise more total property taxes than last year by $211,00l.00 and of
that amount $159,190.00 is tax revenue to be raised from new property added to
the Tax Roll this year.
Section 1. For the current expenses of the City of Port Aransas and for the general
improvement of the City and its property, there is hereby levied and ordered to be assessed
and collected for the fiscal year beginning October 1, 2014, and ending September 30, 2015,
and for each year thereafter until it be otherwise provided and ordained on all property situated
within the limits of the City of Port Aransas and not exempt from taxation by valid laws, and
ad valorem tax at the rate of $0.299118 on the One Hundred Dollars ($100.00) valuation of
such property.
$0.235228
$0.063890
$0.299118
for the purposes of maintenance and operation (General Fund)
for the payment of principal and interest on debt of the City
TOTAL TAX RATE
Section 2. All taxes for the fiscal year beginning October 1, 2014, and ending September
30, 2015, shall be due and payable at the office of the Assessor and Collector of Taxes for the
City of Port Aransas on and after the first day of October, 2014 and if the taxes levied for
said fiscal year are not paid on or before the 31st day of January 2015, said taxes shall be
delinquent and delinquent penalty assessed.
Ordinance 2014-12
Page 1 of 2
TEXAS AMENDING THE GENERAL, HOTEL/MOTEL TAX, BEACH, HARBOR,
AND GAS UTILITY FUNDS IN FISCAL YEAR 2013-2014 BUDGET TO REFLECT
CHANGES DUE TO INCREASE REVENUE AND/OR EXPENSES ON ONE
READING AS AUTHORIZED BY HOME RULE CHARTER; REPEALING ALL
PRIOR ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Port Aransas Home Rule Charter Article VII. “Municipal Finance”,
Section 3 “Amendments after Adoption of Budget” provides for amendments to
the Budget after adoption to reflect changes due to increase revenue and/or
expenses; and
WHEREAS, City Council approval is required for transfers within departments above a
limit established by the City Council.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PORT ARANSAS, NUECES COUNTY, TEXAS, THAT:
Section 1. AMENDMENT - The funds and account numbers below reflect the budget
amendments and/or changes in revenue and expenditures that were forecast for the FY 20132014 Budget.
GENERAL FUND
Acct.
#
05041020
05042011
05042027
05046650
REVENUE
Sales Tax
Building Permits
State Shared Beverage Tax
Miscellaneous Income
Amount
$70,000
$100,000
$52,000
$100,000
EXPENSES
Central Operating - Fuel & Oil
Municipal Court - Salaries
Parks & Rec - Salaries
Police Department - Salaries
EMS - Salaries
Inspections - Development Review
Machinery & Equipment - Public
Buildings
Operating Transfers - Street
Maintenance
Total
Net Change
$322,000
Total
Acct.
#
05051204
05053101
05054200
05059101
05061101
05063203
05063203
05095603
Amount
$15,000
$5,000
$30,000
($30,000)
$50,000
$22,000
$30,000
$200,000
$322,000
$0
Page 1 of 3
HOTEL/MOTEL OCCUPANCY TAX FUND
Acct.
#
10041040
REVENUE
Hotel Motel Taxes
Net Change
Amount
$380,000
EXPENSES
Chamber of Commerce
Acct.
#
10052200
Amount
$380,000
$0
Acct.
#
15041050
REVENUE
State Hotel Motel Tax Rebate
Total
BEACH FUND
Amount
EXPENSES
$100,000
Heavy Equipment Repairs
Contract Beach Services &
Maintenance
Total
$100,000
Net Change
Acct.
#
15050208
15050220
Amount
$12,000
$88,000
$100,000
$0
Acct.
#
17544052
17544056
REVENUE
Harbor Rental - Monthly
Harbor Rental - Daily
Total
HARBOR FUND
Amount
$44,000
EXPENSES
Buildings & Structures - Capital Outlay
Amount
$59,500
$15,500
Total
$59,500
Net Change to Harbor Fund
Acct.
#
17565320
$59,500
$0
Acct.
#
25044110
REVENUE
Natural Gas Sales
Total
Net Change to Gas Utility Fund
GAS UTILITY FUND
Amount
$200,000
$200,000
Acct.
#
25070203
EXPENSES
Gas Purchase
Total
Amount
$200,000
$200,000
$0
Section 2. SEVERANCE - If, for any reason, any section, paragraph, subdivision, clause,
phrase or provision of this ordinance shall be held invalid, it shall not affect the valid provisions
of this or any other ordinance of the City of Port Aransas, Texas to which these provisions relate.
Section 3 . PUBLICATION - S h all be made one time in the official publication of the
City of Port Aransas, Nueces County, Texas, which publication shall contain the caption
stating in substance the purpose of this ordinance.
Section 3 . READING - This ordinance is exempt from the three reading requirements under
Article III, Section 12, of the City Charter and shall go into effect immediately upon
its passage as required by law.
Page 2 of 3
AN ORDINANCE AMENDING THE CITY OF PORT ARANSAS, TEXAS CODE
OF ORDINANCES CHAPTER 10 “HEALTH AND SANITATION”, ARTICLE II
“LITTER AND WASTE CONTROL” BY ADDING A NEW DIVISION 1
“REGULATION OF SINGLE USE PLASTIC (CHECKOUT) BAGS”; SETTING
DEFINITIONS, PROHIBITIONS AND REQUIREMENTS, SCOPE AND
APPLICABILITY, AND EXEMPTIONS; ESTABLISHING IMPLEMENTATION
OF A VOLUNTARY BAN AND SETTING DATE OF MANDATORY
COMPLIANCE; AND PROVIDING FOR EFFECTIVE DATE, READING,
PUBLICATION, AND SEVERANCE.
WHEREAS, the City of Port Aransas, Texas has a duty to protect the natural environment, the
economy, and the health of its citizens; and
WHEREAS, the single use plastic checkout bags create significant litter problems in the City
of Port Aransas, ending up in the city’s critical viewscapes being our dunes,
wetlands, beaches, and waterways; and
WHEREAS, the plastic does not completely biodegrade in the marine environment, but instead
breaks down into smaller pieces that are mistaken for food in turn block wildlife
digestive systems, killing animals through starvation, exhaustion, or infection
from ingesting toxic materials or entanglement; and
WHEREAS, discarded plastic bags in Port Aransas last indefinitely and create such an
aesthetic blight and hazard to wildlife and the environment that it is in the best
interest of the public health, safety, and welfare to adopt the proposed ban on
distribution of plastic bags at point of sale within the boundaries of the City of
Port Aransas, Texas.
PORT ARANSAS, TEXAS:
SECTION 1.
ADDITION
That Chapter 10 “Health and Sanitation”, Article II. “Litter and Waste Control”, Division 1
“Regulation of Plastic Bags” is hereby added to wit:
Chapter 10. “Health and Sanitation”
Article II. ”Litter and Waste Control”
Division I. “Regulation of Single Use Plastic (Checkout) Bags”
Sec. 10-26. Definitions:
The following words, terms, and phrases, when used in this chapter, shall have the
meanings ascribed to them in this chapter/article/division, expect where the context clearly
indicates a different meaning:
Page 1 of 4
Affected retail establishment means any retail establishment or temporary vendor that
sells perishable or nonperishable goods, including, but not limited to, clothing, food, and
personal items directly to the customer; and is located within the geographical limits of the
City of Port Aransas.
Business establishment means a commercial enterprise or establishment, including sole
proprietorships, joint ventures, partnerships, corporations, or any other legal entity
including contractors associated with the business.
Plastic Checkout Bag means a plastic bag that is provided by a business establishment
to a customer, typically at the point of sale, for the purpose of transporting goods after sale,
and is intended and constructed for single use.
Recyclable Paper Bag means a paper carryout bag provided by a retail establishment to
a customer at the point of sale for purposes of transporting groceries or other goods and
meets all of the following requirements:
1. contains no old growth fiber;
2. is 100% recyclable;
3. contains a minimum of 40% post-consumer recycled content; and
4 . displays the words “Reusable” and “Recyclable” in a highly visible
manner on the outside of the bag.
Reusable Bag means a bag that is specifically designed and manufactured for
multiple reuse and is made of cloth or other fabric, or other durable material suitable
for reuse, and has durable built-in handles or draw-strings.
Sec. 10-27.
Prohibitions and Requirements:
(a) Affected retail establishments are prohibited from providing plastic checkout bags to
their customers at the point of sale. Reusable bags and recyclable paper bags are
allowed alternatives.
(b) Affected retail establishments are strongly encouraged to provide incentives for the
use of reusable bags through education, credits, rebates, or tokens for individuals
who bring reusable bags.
(c) Nothing in this section shall be read to preclude affected retail establishments from
making reusable or recyclable paper bags available for sale or free to customers.
(d) No person shall distribute plastic checkout bags at any City sponsored event, City
Facility, or any event held on City property.
Sec. 10-28.
Implementation of a Voluntary Ban on Plastic Checkout Bags
Page 2 of 4
The City will promote a Voluntary Ban of plastic checkout bags throughout the City
beginning on January 1, 2015 through December 31, 2015, in preparation for the
Mandatory Ban of plastic checkout bags to begin on January 1, 2016.
Sec. 10-29.
Scope and Applicability
Business establishments participating in the Voluntary Ban may begin to provide
recyclable paper checkout bags or reusable bags with or without charge, as of January 1,
2015 and be in full compliance with this Ordinance by January 1, 2016.
Sec. 10-30.
Exemptions
This Division does not apply to:
1. Bags used for the purpose of containing bait or seafood sales; or
2. Bags without handles, provided to effect food safety for a purchaser of food by
preventing contamination from any raw food; i.e. fruits, vegetables, raw meat, raw
seafood, raw poultry.
Sections 10-31 through Sections 10-35 Reserved for future use.
SECTION 2.
PENALTY CLAUSE
Any violation of this Ordinance may be punished by a fine not to exceed five hundred dollars
($500.00) for each offense or for each day such offense shall continue.
SECTION 3.
EFFECTIVE DATE
publication of this ordinance as provided by Article III, Section 12 (c), in its entirety or in
summary (caption) form stating in substance the purposes of same, once in the official
newspaper of the City of Port Aransas.
SECTION 4.
READING
SECTION 5.
SEVERANCE
If any part of this ordinance is invalid or void or is declared to be so, then said part shall be
severed from the balance of this ordinance and said invalidity shall not affect the balance of this
Page 3 of 4

2014 Ordinances - City of Port Aransas

Transcription

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