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HomeMy WebLinkAbout10446 ORD - 08/24/1971nU.JK H:O -4j -(1 • AN ORDINANCE FINDING THAT EXEMPTING CERTAIN MOBILE HOMES FROM THE TIE -DOWN REQUIREMENTS FOUND IN SECTION 11 -5, CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, AND AS PARTICULARLY AMENDED BY SECTION 13, ORDINANCE NO. 10,096, PASSED AND APPROVED BY THE CITY COUNCIL ON FEBRUARY 10, 1971, WILL NOT ENDANGER PUBLIC SAFETY AND WELFARE, AND AMENDING THE SOUTHERN STANDARD BUILDING CODE, 1969 EDITION, SECTION 11 -5, CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, AND AS PARTICULARLY AMENDED BY SAID ORDINANCE NO. 10,096, TO PROVIDE A NEW SUBSECTION 1 -6.7, EXEMPTION TO APPENDIX I OF SAID CODE, TO EXEMPT FROM THE TIE -DOWN REQUIREMENTS UNTIL DECEMBER 11 1971 ANY FIRM WHICH OWNS TEN (10) OR MORE UNOCCUPIED MOBILE HOMES PROVIDED SAID HOMES ARE PARKED IN CLOSE PROXIMITY AND NOT SUBJECT TO SECTION 25 -14 (10) OF THE ZONING ORDINANCE OF THE CITY AND PROVIDED FURTHER AN AUTHORIZED REPRESENTATIVE OF THE FIRM FILES A SWORN APPLICATION TO THE BUILDING OFFICIAL CONTAINING COMMITMENT TO MOVE MOBILE HOMES WITHIN TWELVE (12) HOURS; AUTHORIZING THE CITY TO MOVE HOMES NOT MOVED; PROVIDING FOR A HOLD- HARMLESS AGREEMENT AND A $145.00 DEPOSIT; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, ORDINANCE No. 10,096, PASSED AND APPROVED BY THE CITY COUNCIL ON FEBRUARY 10, 1971, AMENDED THE SOUTHERN STANDARD BUILDING, 1969 EDITION, ADOPTED AT SECTION 11 -5 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED; AND WHEREAS, SECTION 13 OF SAID ORDINANCE N0. 10,096 ADDED TO SAID BUILDING CODE APPENDIX I RELATING REQUIREMENTS FOR MOBILE HOMES; AND WHEREAS, TO PROMOTE PUBLIC SAFETY AND WELFARE SECTION 1 -6 OF SAID APPENDIX PROVIDED FOR MINIMUM TIE -DOWN REQUIREMENTS FOR MOBILE HOMES; AND WHEREAS, THE CITY COUNCIL FINDS THAT THE PUBLIC SAFETY AND WELFARE WILL NOT BE ENDANGERED BY EXEMPTING FROM THE AFORESAID TIE -DOWN REQUIREMENTS CERTAIN UNOCCUPIED MOBILE HOMES PROVIDED THE REQUIREMENTS IN THIS ORDINANCE ARE MET: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE SOUTHERN STANDARD-BUILDING CODE, 1969 EoITION, ADOPTED AT SECTION 11 -5 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, AND PARTICULARLY AS AMENDED BY SECTION 13 OF ORDINANCE NO. 10,096, PASSED i044r, AND APPROVED BY THE CITY COUNCIL ON FEBRUARY 101 1971, BE AND THE SAME IS HEREBY AMENDED BY ADDING TO APPENDIX-1 THEREOF A NEW SUBSECTION 1 -6.7 TO READ AS FOLLOWS: "7. EXEMPTIONS ANY PERSON, FIRM, PARTNERSHIP OR CORPORATIONS HEREINAFTER CALLED IFIRMj IS EXEMPT FROM THE FOREGOING TIE -DOWN REQUIREMENTS UP UNTIL DECEMBER 1, 1971, PROVIDED: A. THE FIRM OWNS AT LEAST TEN (10) OR MORE MOBILE HOMES THAT ARE UNOCCUPIED AND REMAIN SO DURING THE PERIOD OF EXEMPTION, B. THE MOBILE HOMES ARE PARKED AND STORED IN CLOSE PROXIMITY AND NOT SUBJECT TO SECTION 25 -4 (1O) OF THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI (ORDINANCE NO. 6106, PASSED AND APPROVED BY THE CITY COUNCIL ON AUGUST 27, 19370 AS AMENDED), C. AN AUTHORIZED REPRESENTATIVE OF THE FIRM FILES A SWORN APPLICATION TO THE BUILDING OFFICIAL STATING 'THAT THE FIRM IS ENTITLED TO THE CLASSIFI- CATION PROVIDED FOR IN THIS ORDINANCES AND PROVIDING THE FOLLOWING WITH THE APPLICATION: (1) A SWORN COMMITMENT THAT IF HURRICANE FORCE WINDS ARE PREDICTED TO STRIKE LAND WITHIN FIFTY (50) MILES OF CORPUS CHRISTI, THE FIRM WILL REMOVE ALL MOBILE HOMES IT OWNS HAS UNDER CONSIGNMENTS OR HAS CONTROL OFD WITHIN TWELVE (12) DAYLIGHT HOURS OF NOTI- FICATION OF CONDITION THREE (3) OF THE HURRICANE EMERGENCY OPERATION PLAN AS DECLARED BY THE CITY MANAGER OR THE CIVIL DEFENSE DIRECTOR. (2) A POWER OF ATTORNEY AUTHORIZING THE CITY TO MOVE THE FIRM'S MOBILE HOMES IN THE EVENT THE FIRM SHOULD BE UNABLE TO COMPLY WITH THE TERMS OF THIS ORDINANCE AS DETER- MINED BY THE CITY. (3) A HOLD - HARMLESS AGREEMENT INDEMNIFYING THE CITY FOR ANY DAMAGES THAT MAY RESULT SHOULD THE CITY BE REQUIRED TO MOVE THE MOBILE HOMES UNDER THE REQUIREMENTS OF THIS ORDINANCE. (4) A FORTY -FIVE ($45.00) DOLLAR SECURITY DEPOSIT PER MOBILE HOME TO INSURE COMPLIANCE WITH THE MOVING REQUIREMENTS OF THIS ORDI- NANCE. THE DEPOSIT WILL BE FORFEITED AND RETAINED BY THE CITY IF THE FIRM DOES NOT REMOVE ALL MOBILE HOMES IN ACCORDANCE WITH THE SWORN COMMITMENT IN (1) ABOVE. IN THE EVENT IT IS NOT NECESSARY TO REMOVE THE MOBILE HOMES OR THE FIRM COMPLIES WITH THE MOVING REQUIREMENTS OF THIS ORDINANCE, THE SECURITY DEPOSIT WILL BE REFUNDED ON DECEMBER 10 1971•" -2- SECTION 2. IF FOR ANY REASON ANY SECTION, PARAGRAPH, SUBDIVISION, CLAUSE, PHRASE, OR PROVISION OF THIS - ORDINANCE SHALL BE HELD INVALID BY FINAL JUDGMENT OF A COURT OF COMPETENT JURISDICTION, IT SHALL NOT AFFECT ANY VALID PROVISIONS OF THIS OR ANY OTHER ORDINANCE OF THE CITY OF CORPUS CHRISTI TO WHICH THESE RULES AND REGULATIONS RELATE. SECTION 3. PUBLICATION SHALL BE MADE ONE TIME IN THE OFFICIAL PUBLICATION OF THE CITY OF CORPUS CHRISTI, BY PUBLISHING THE CAPTION OF THIS ORDINANCE, STATING IN SUBSTANCE THE PURPOSE OF THE ORDINANCE. SECTION 4. THE NECESSITY TO PROVIDE THE EXEMPTION FROM THE TIE -DOWN REQUIREMENTS FOR CERTAIN CLASSES OF MOBILE HOMES CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION BUT THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE A PUBLICATION, IT IS ACCORDINGLY SO ORDAINED, THIS THE_Z�-t DAY OF 1971. ATTEST: r MOF v fo � CITY S TA R TFE CITY R1, TEXAS / AP VED: 1 / IKE;AY OF liz ' 1 19 1: 4,r ATTORNEY • CORPUS CHRISTI, TEXAS • zd:o - DAY OF 9 �� TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. P,ECTFULLY, O �O QA_A_ MAYOR THE CITY OF RP CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWI VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ REV. HAROLD T. BRANCH aGe- THOMAS V. GONZALES -Z- GABE LOZANO, SR. J. HOWARD STARK Id PUBLISHER'S AFFIDAVIT STATE OF TEXAS, County of Nueces. Before me, the undersigned. a Notary Public, this day personally came........- ......... Leland G. Barnes ..... . ........... . who being first duly sworn, according to law, says that he is the .. . . .. . .. . ................. of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of Legal - Notice- of_passageof ordinance no. 10446--findjng_thgt_ffi&MLjDg ............ I - — ----- . ....... cattain mobile homes from Tie Down requirements--- - of which the annexed is a true copy, was published in --t1le. TiMag .......... . . . ......... on the. kth- day ..... 19-13, en+mwe-eneh ....... . .. . ......... . .... . . ................... . . . •--ewe- -- -...._...Times. ����� /���� ............. . ........ Barnes, C Subscribed and sworn to before me this 9th. day of — ----- - --- J9aptambar.___... 19..._.7_l__ Louis® Vick ,/Notary Public, Nueces County, Te*as �I�SUED UNDER MV HAND AND SEAL o! the Clfv of Corpus Chr�s1l, Texas, thls Intl aoy a} September, 9IM. T. RAY KRING, CTI, CI Ie TIpry k 1 EALI City of forpos Chrisfl, Texpa�