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HomeMy WebLinkAbout12426 ORD - 01/15/1975' �6 • JRR:VMR :12- 24- 74;1ST AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE PERFORMANCE CERTIFICATION BOARD OF THE TEXAS DEPART- MENT OF LABOR AND STANDARDS, STATE OF TEXAS, WHEREBY THE CITY WILL BE THE ENFORCING AGENT FOR STATE MOBILE HOME STANDARDS WITHIN THE CITY AND ITS EXTRATERRITORIAL JURISDICTION, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A ", WHEREAS, THE PERFORMANCE CERTIFICATION BOARD OF THE TEXAS DEPARTMENT OF LABOR AND STANDARDS HAS ESTABLISHED MINIMUM STANDARDS FOR THE PROPER BLOCKING, ANCHORING AND SECURING OF MOBILE HOMES IN ACCORDANCE WITH ARTICLE 5221F, V.A.C.S.; AND WHEREAS, THE CITY OF CORPUS CHRISTI AND THE SAID PERFORMANCE CERTIFI- CATION BOARD HAVE EXPRESSED THE DESIRE TO ENTER INTO A CONTRACT FOR THE PURPOSE OF ENFORCING SAID MOBILE HOME TIE -DOWN STANDARDS; AND WHEREAS, COORDINATION WITH UNITS OF LOCAL GOVERNMENT TO MAKE AND PERFORM INSPECTIONS AND ENFORCEMENT ACTIVITIES, RELATED TO THE PROPER BLOCKING, ANCHORING AND SECURING OF MOBILE HOMES IS AUTHORIZED AND DIRECTED BY SECTION 15 OF THE AFOREMENTIONED ACT; AND WHEREAS, THE SAID BOARD IS SPECIFICALLY CHARGED WITH THE ADOPTION OF RULES AND REGULATIONS REGARDING THE STATEWIDE ENFORCEMENT OF THE ACT AFOREMENTIONED: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO ENTER INTO A CONTRACT WITH THE PERFORMANCE CERTIFICATION BOARD OF THt TEXAS DEPARTMENT OF LABOR AND STANDARDS, STATE OF TEXAS, WHEREBY THE CITY OF CORPUS CHRISTI IS TO BE THE ENFORCING AGENT FOR STATE MOBILE HOME STANDARDS WITHIN THE CITY AND ITS EXTRATERRITORIAL JURISDICTION, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH 15 ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". 12426 THE STATE OF TEXAS COUNTY OF NUECES This agreement entered into this day of , 197, by and between CITY OF CORPUS CHRISTI (herein called local. government) and the Performance Certification Board of the Texas Department of Labor and Standards, (herein called Board). WITNESSETH: Whereas the Board has established minimum standards for the proper blocking, anchoring and securing of mobile homes in accordance with Article 5221f, V. C. S., and Whereas, the local. government and the Board have expressed the desire to enter into a contract for the purpose of enforcing said mobile home tie - down standards, and Whereas coordination with units of local. government to make and perform inspections and enforcement activities, related to the proper blocking, anchor- ing and securing of mobile homes is authorized and directed by section 15 of the aforementioned act, and Whereas the Board is specifically charged with the adoption of rules and regulations regarding the statewide enforcement of the aforementioned act. NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants, under- takings, and commitments hereinafter set forth do the local.government.and the Board COVENANT, AGREE and CONTRACT as follows: 1. The Board, acting through its staff, the Mobile Home Division of the Texas Department of Labor and Standards, agrees to notify the local. government regarding each mobile home unit sold and moved within the boundaries of such local government, its extra - territorial area, if any, or areas it has authority to act through appropriate inter - governmental contract. 2. The local government agrees to make all inspections of all mobile homes purchased after the effective date of this contract for compliance with the standards as passed by the Board or for compliance with the local government if said standards have been approved by the Board for en- forcement in said local government. cr �` 3., The local, government agrees to return completed inspection repo�� to the Mobile Home Division of the Texas Department of Labor and Standards within sixty (60) days after notification by said Mobile Home Division. 4. The local. government agrees to collect an inspection fee in the amount of Ten Dollars ($10.00) from the purchaser of the mobile home. 5. The local. government agrees to remit according to the timetable set by the department but no more often than once per month, to the Mobile Home Division of the Texas Department of Labor and Standards, the sum of Three Dollars ($3.00) for each inspection made pursuant to this agreement. 6.. The local. government agrees to maintain accurate records as pre- scribed by the Mobile Home Division with regard to mobile home inspections perfarmed and said records will be made available to the Mobile Home Division immediately upon request. 7. The local. government agrees to send its inspection personnel to a training school on proper inspection procedures to be held from time to time-.by the Texas Department of Labor and Standards in Austin, Texas at a time and place to be designated by the Mobile Home Division of the Texas Department of Labor and Standards and satisfactory to local government. B. The local. government agrees to allow the Mobile Home Division to make periodic routine inspections-of their inspection procedures. 9. If the local. government, for any cause, should fail to comply with the rules, regulations and standards set by the Board, or with any part of this contract, the Board will notify the local government in writing setting forth the facts describing the alleged violations. If the local.government fails to take the necessary action to comply with said rules, regulations, standards or contract within thirty (30) days, then this contract shall be deemed invalid and of no further force and effect. Ei . days wr-44tow-RoUce. 1Y \ 15�_ _a` 10. This contract shall become effective day of'.' " '. " ' 197= • EXECUTED in duplicate originals, this the 197 CITY OF CORPUS CHRISTI ATTEST: City Secretary APPROVED: DAY OF 197 City Attorney day of By R. Marvin Townsend, City Manager PERFORMANCE CERTIFICATION BOARD OF THE TEXAS DEPARTMENT OF LABOR ATTEST: AND STANDARDS, STATE OF TEXAS By. Secretary Chairman a, r� U That the foregoing ordinance w read for th first time an passed to its second reading on this the c;Ug ay of�, 19- by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales i Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark That the foregoing ordin a was read f r the second time PA passed to its third reading on this the day of 19 % , by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. n J. Howard Stark r 1 LJ That the foregoi ordinance as read for the ird time and passed finally on this the day of Q.H i 19by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J._ Howard Stark PASSED AND APPROVED, this the ATTEST: �9 irk APPROVED: ',,,.• -/� _ _ aG DAY OF_P _, 19 7�: MC., TSSTj;ity Attorney 19 7a MAYOR THE CITY OF CORPUS CHRIST , TEXAS