HomeMy WebLinkAboutORD 2005-78 - Corps of Engineers Park LandAn Ordinance Of The City Council Of The City Of Georgetown, Texas
Adding A New Definition To Section 12.20.010 To The Code Of
Ordinances Pertaining To U. S. Army Corps Of Engineers Park Land;
Adding A New Section 12.20.090 To Be Entitled "Special Rules For U. S.
Army Corps Of Engineers Park Land;" Adopting By Reference The
Federal Rules And Regulations Found In Title 36 Of The United States
Code, Chapter III, Part 327; Providing For The Enforcement Of Such
Federal Regulations By City Personnel On U. S. Army Corps Of
Engineers Park Land; Repealing Conflicting Ordinances And
Resolutions; Including A Severability Clause; Including A Penalty
Clause; And Establishing An Effective Date.
WHEREAS, it is the desire of the City Council of Georgetown, Texas to adopt, in
all respects, Title 36 of the United States Code, Chapter III, Part 327, as amended in the
future, (the "Federal Regulations") which are the rules and regulations governing
public use of water resources development projects on water resources development
projects administered by the Corps as set forth herein; and
WHEREAS, the City Council of Georgetown, Texas is adopting the Federal
Regulations in order to provide consistent enforcement of rules and regulations on a
water resources development project owned by the Corps and currently being annexed
by the City; and
WHEREAS, the City Council of Georgetown, Texas has determined that the
adoption of the Federal Regulations is done to facilitate proper enforcement of activities
on land owned by the Corps and being annexed by the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY -COUNCIL OF
GEORGETOWN, TEXAS, THAT.
SECTION 1. The facts and recitations contained in the preamble of this Ordinance are
hereby declared to be true and correct, and are incorporated be reference herein and
made a part hereof, as if copied verbatim. The City Council hereby finds that this
D , QST 7
City of Georgetown Code of Ordinances
Amendment to Chapter 12, Section 12.20
Page I of 3
Ordinance implements the following Policies of the Century Plan — Policy Plan
Elements:
1.0 Policy Statement: "The community enjoys the benefits of well-planned land use in
which conflicting needs are balanced. "
2.0 Policy Statement: "Georgetown's natural and physical resources are managed so that
citizens enjoy the benefits of economic and social development."
Further, as required by Section 2.03 of the Administrative Chapter of the Policy Plan,
the City Council hereby finds that the enactment of this Ordinance is not inconsistent
with or in conflict with any other Century Pian Policies.
SECTION 2: Section 12.20.010 "Definitions" is to be amended to add a definition for
park land owned by the United States Army Corps of Engineers as follows:
"City park" means any property in the City designated as a park, playground,
recreational facility, swimming pool or hike and bike path, and shall include buildings,
parking lots and driveways in such areas.
"U S Army
Corps
of Engineers Park
Land"
means any
property
within the
City's jurisdictional
limits
owned by the United
States
Army Corps
of Engineers.
SECTION 3: New Section 12.20.090 entitled "Special rules for park land owned by the
United States Corps of Engineers" is to be added as follows:
Section 12.20.090. Special Rules for U. S. Army Corps of Engineers Park Land.
(a) The rules and regulations found in Title 36 United States Code "Parks,
Forests and Public Property," Chapter III U.S. Army Corps of Engineers, Part
327 "Rules and Regulations Governing Public Use of Water Resources
Development Projects Administered by the Chief of Engineers," as the same may
be amended from time to time, are hereby adopted and incorporated herein by
reference for all purposes and are applicable to the U. S. Armes Corps of
Engineers Park Land.
(b) City personnel shall have the authority to enforce the rules and regulations
adopted by reference in subsection (a) of this Section on U. S. Army Corps of
Engineers Park Land.
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City of Georgetown Code of Ordinances
Amendment to Chapter 12, Section 12.20
Page 2 of 3
SECTION 4: All Ordinances and Resolutions, .or parts of Ordinances and Resolutions
that are in conflict with this Ordinance are hereby repealed, and no longer in effect.
SECTION 5: If any provisions of this Ordinance or application thereof to any person or
circumstance, shall be held invalid, such invalidity shall not affect the other provisions,
or applications thereof, of this Ordinance which can be given effect without the invalid
provision or application and to this end the provisions of this Ordinance are hereby
declared to be severable.
SECTION b: The Mayor of Georgetown is hereby authorized to sign this Ordinance
and the City Secretary to attest. This Ordinance shall become effective and be in full
force and effecting accordance with the terms of the City Charter.
PASSED AND APPROVED on First Reading on the /day of
VVI i6t. 2005.
PASSED
7r 2005.
ATTEST:
AND APPROVED on Second
Sandra D. Lee
City Secretary
APPROVED AS TO FORM.
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City of Georgetown Code of Ordinances
Amendment to Chapter 12, Section 12.20
Page 3 of 3
op
A005®7,T
Reading on the day of
THE CITY OF GEORGETOWN:
: Gary Nelon
am