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Home My WebLink About10448 ORD - 09/01/1971JRR:B,Iw:9 /1/71 AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING SECTION 11 -29, PERMITS, CHAPTER 11, BUILDINGS, ARTICLE V, HOUSE MOVING, THEREOF BY THE ADDITION OF NEW PARAGRAPHS THERETO TO PROHIBIT ISSUANCE OF A PERMIT FOR MOVEMENT OVER CITY PUBLIC STREETS OF ANY BUILDING DETERI- ORATED MORE THAN FIFTY (50) PER CENT OF ITS ORIGINAL VALUE BY FIRE OR OTHER ELEMENT, DECAY, OR DILAPIDATION AND TO PROHIBIT ISSUANCE OF SUCH PERMIT WHENEVER MOVING OF THE BUILDING WILL VIOLATE ANY CITY ORDINANCE REQUIREMENTS APPLICABLE THERETO; PROHIBITING THE MOVEMENT OF ANY SUCH BUILDING OVER CITY PUBLIC STREETS; PROVIDING PENALTY; PROVIDING SEVERABILITY;.PROVIDING PUBLICATION; AND DE- CLARING AN EMERGENCY. • WHEREAS, IT IS THE FINDING OF THE CITY COUNCIL THAT BUILDINGS DETERIORATED MORE THAN FIFTY (50) PER CENT OF ORIGINAL VALUE BY FIRE OR OTHER ELEMENT, DECAY, OR DILAPIDATION ARE BEING MOVED OVER PUBLIC STREETS WITHIN THE CITY AND BEING MOVED INTO THE CITY FROM ORIGINAL SITES LOCATED OUTSIDE THE CITY; AND WHEREAS, IT 1S THE FINDING OF THE CITY COUNCIL THAT SUCH BUILDINGS ARE SUBSTANDARD, THAT A SIGNIFICANT NUMBER OF SUCH BUILDINGS DO NOT MEET THE CITY HOUSING CODE REQUIREMENTS, AND THAT LOCATION OF SUCH BUILDINGS WITHIN THE CITY CONSTITUTE A MATERIAL BLIGHT, TO THE DETRIMENT OF THE PUBLIC HEALTH, SAFETY, AND WELFARE; AND WHEREAS, IT IS THE FINDING OF THE CITY COUNCIL THAT A SUBSTANTIAL NUMBER OF SAID BUILDINGS OCCUPIED AND UNOCCUPIED, AGGRAVATE THE SUBSTANDARD HOUSING PROBLEM IN THE CITY; AND WHEREAS, IT IS THE FINDING OF THE CITY COUNCIL THAT AN APPRECIABLE NUMBER OF SAID BUILDINGS WILL REMAIN UNOCCUPIED AND IN DISREPAIR FOR LONG PERIODS, CONSTITUTING AN IMMEDIATE THREAT TO THE PUBLIC HEALTH, SAFETY, AND WELFARE, AS VERMIN AND RODENT HARBORS, FIRE HAZARDS, AND UNFIT SHELTER FOR TRANSIENTS AND CRIMINALS; AND WHEREAS, IT IS THE FINDING OF THE CITY COUNCIL THAT THIS ORDINANCE, BY THE PROHIBITION OF MOVEMENT OF SUCH BUILDINGS OVER CITY PUBLIC STREETS, WILL SOLVE THE PROBLEM HEREIN ADDRESSED, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, IS HERERBY AMENDED BY THE AMENDING OF SECTION 11 -29, PERMITS (CHAPTER 11, 10448 • BUILDINGS ARTICLE V, HOUSE MOVING,) BY THE ADDITION THERETO OF THE FOLLOW- ING NEW PARAGRAPHS TO HEREAFTER READ AS FOLLOWS: "WHENEVER APPLICATION IS MADE HEREUNDER TO MOVE A BUILDING, WHETHER WITHIN THE CITY ONLY OR INTO THE CITY FROM AN ORIGINAL SITE OR OTHER LOCA- TION OUTSIDE THE CITY, AND IT IS DETERMINED BY THE DIRECTOR OF PUBLIC WORKS OR HIS DULY AUTHORIZED REPRESENTATIVE, OR BY AN INSPECTOR OF THE CITY BUILDING DIVISION, THAT SUCH BUILDING IS DETERIORATED BY MORE THAN FIFTY (50) PER CENT OF ITS ORIGINAL VALUE BY FIRE OR OTHER ELEMENT, DECAY, OR DILAPIDATION, THEN SUCH APPLICATION SHALL BE DENIED AND NO PERMIT ISSUED. FOR THE PURPOSE OF DETERMINING THE ORIGINAL VALUE OF THE BUILDING THE APPLICANT MAY BE REQUIRED TO FURNISH THE CITY, AT HIS EXPENSE, CERTI- FIED COPIES OF THE CITY AND COUNTY AD VALOREM TAX ASSESSMENT OF THE BUILD- ING AS MADE THEREFOR AT ITS ORIGINAL LOCATION IN THE YEAR IMMEDIATELY FOLLOWING THE YEAR OF ITS ERECTION AND THE ORIGINAL PURCHASE -MONEY PROMIS- SORY NOTE THEREFOR, IF ANY. IF THERE IS A VARIANCE BETWEEN THE SAID ASSESS- MENT AND SAID NOTE, THE HIGHER VALUE OF THE TWO SHALL BE USED. IF THE APPLICANT FAILS TO FURNISH SUCH CERTIFIED COPIES THE ORIGINAL VALUE SHALL Ccn 5lr 1!_ BE DETERMINED CONSIDERING THE METHODS OF Gaws-T+T.44-T+9M OF THE BUILDING, THE 7_1_71 TYPE AND CONDITION OF THE MATERIALS USED AND ANY OTHER RELEVANT FEATURES THEREOF OBSERVED. A TRUE COPY OF THE PLAT OF THAT PORTION OF THE SUBDIVI- SAION IN WHICH SAID BUILDING WAS ORIGINALLY LOCATED, WITH COMPLETE RECORDING INFORMATION, OR A CORRECT METES AND BOUNDS DESCRIPTION OF THE TRACT OF LAND ON WHICH SUCH BUILDING WAS ORIGINALLY LOCATED, IF NOT IN A SUBDIVISION, MAY ALSO BE REQUIRED FOR THE PURPOSES OF VERIFYING THE IDENTITY, LOCATION, AND ORIGINAL VALUE OF SAID BUILDING. WHENEVER THE DIRECTOR OF PUBLIC WORKS OR HIS DULY AUTHORIZED REPRESENTATIVE, OR AN INSPECTOR OF THE CITY BUILDING DIVISION DETERMINES THAT THE MOVEMENT OF SUCH BUILDING OVER THE CITY'S PUBLIC STREETS WILL CONSTITUTE A VIOLATION OF ANY CITY ORDINANCE APPLICABLE TO SUCH BUILDING THE APPLICATION SHALL BE DENIED, NO PERMIT ISSUED, AND THE MOVEMENT OF ANY SUCH BUILDING CONTRARY TO THE PROVISIONS OF THIS ORDINANCE, OR ANY OTHER APPLICABLE CITY ORDINANCE, SHALL CONSTITUTE A MISDEMEANOR, PUNISHABLE BY FINE AS HEREIN PROVIDED." -2- • SECTION E. ANY PERSON, FIRM OR CORPORATION VIOLATING THE TERMS AND PROVISIONS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR, AND UPON CONVICTION, SHALL BE FINED IN THE SUM NOT TO EXCEED Two HUNDRED DOLLARS ($200.00). SECTION 3. 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. Y SECTION . PUBLICATION SHALL BE MADE ONE TIME IN THE OFFICIAL PUBLICATION OF THE CITY OF CORPUS CHRIST, BY PUBLISHING THE CAPTION OF THIS ORDINANCE STATING IN SUBSTANCE THE PURPOSE OF THE ORDINANCE. SECTION 5. THE NECESSITY TO IMMEDIATELY ADOPT THE PROVISIONS HEREINABOVE IN ORDER TO PROTECT THE PUBLIC HEALTH, SAFETY AND WELFARE OF THE CITIZENS OF THE CITY OF CORPUS CHRISTI CREATES A PUBLIC EMERGENCY AND 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 AND PUBLICATION, IT IS ACCORDINGLY SO ORDAINED, THIS THE DAY OF fir i:�IL� , , 1971 ATTEST: C TY SECRET -'Y MAYOR APPROVED: , 1971: CITY TORNEY THE CITY OF CO;{ZI. CHRISTI, TEXAS • CORPUS CHRISTI, TEXAS TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS 197/ 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; 1, 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. RESPECTFULLY, MAYOR THE CITY OF COR "!= CHRISTI TEXAS 7 THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTES RONNIE SIZEMORE CHARLES A. BONNIWEu. ROBERTO BOSQUEZ REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWIN VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK PUBLISHER'S AFFIDAVIT STATE OF TEXAS, tm: County of Nueces. J 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 _Claasitie.d..Manager 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 passa_o of ordinance no. 10411.8-7mengling_g, C. .city_cosle, -T958-=h-Ousemoving---m6Ving over city public streets of which the annexed is a true copy, was published in _..tha_.Timas on theY.Ath day of SePtember 19.71 and-onee-eaetr—, thereafter-fel- consecntlim.. 00-0 ..... _ 1,,,■/11/ Leland G. Barnes, C • A.v. Mgr. ....Septother• Louise Vick o ary Public, Nueces County, Texas Subscribed and sworn to before me this 9th • y of N 110. FADE CI via +INIl11OlD EV AMENDING S TION 11 -29, PERMITS,, CHAP- TER II, BUILDINGS, ARTICLE V, HOUSE MOVING, THEREOF BY THE ADDITION OF NEW PARAGRAPHS THERETO TO PROHIBIT ISSUANCE OF A PERMIT FOR MOVEMENT OVER CITY PUBLIC STREETS OF ANY BUILDING DETERIO- RATED MORE THAN FIFTY (501 PER CENT OF ITS ORIGI- NAL VALUE BY FIRE OR OTH- ER ELEMENT, DECAY, OR DI- LAPIDATION AND TO PROHIB- IT ISSUANCE OF SUCH PER- MIT WHENEVER MOVING OF THE BUILDING WILL VIOLATE ANY CITY ORDINANCE RE- QUIREMENTS APPLICABLE THERETO; PROHIBITING THE MOVEMENT OF ANY SUCH BUILDING OVER CITY PUBLIC STREETS; PROVIDING PENAL- TY; PROVIDING SEVERABILI. TV; PROVIDING PUBLICA- TION; AND DECLARING AN EMERGENCY. WAS PASSED AND APPROVED by the Cily Council of the City of Carpus Christi, durIna the Regular Cauncll Waling held September 1, 1971, al 2:00 p.m. and provides tot II shall lake effect from and after Its pas - alland publlrollan, and shot a pen- y Inr vlaiallan shall be a fine of not exceeding Two Hundred 0200.00) Dollars. ISSUED UNDER MY HAND AND SEAL el the City of Corpus Christi, Texas, this 2nd day of September, 1971. T. RAY KRING, City Secretary Clly of Corpus Christi, Texas. (SEAL)