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HomeMy WebLinkAbout02776 ORD - 05/09/1950DSinger :gp 5/9/50 (5) AN ORDINANCE REGULATING THE ACTIVITIES OF HOUSE MOVERS IN THE CITY OF CORPUS CHRISTI, TEXAS; PROVIDING FOR LICENSE, LICENSE FEE, AND OTHER FEES; PRO- VIDING THAT APPLICATION BE MADE OF THE HEAD OF ENGINEERING AND CONSTRUCTION DIVISION; REQUIRING BOND TO BE MADE; SETTING OUT PROCEDURE TO BE FOL- LaVED IN THE MOVING OF ANY STRUCTURE; PROVIDING FOR REIMBURSEMENT OF EXPENSES TO CITY; DECLARING METHOD CF REVOKING LICENSE; PROVIDING PENALTY FOR VIOLATION; REPEALING CONFLICTING ORDINANCES OR PARTS OF ORDINANCES; PROVIDING SAVING CLAUSE, AND DECLAR.- ING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That hereafter it shall be unlawful for any person, firm or corporation to move any house, building, or structure within the corporate limits of the City of Corpus Christi, Texas, without first obtaining and having in effect a valid house mover's license as provided herein and complying with all the con- ditions of this ordinance. By the term "to move" is meant the act of moving any house, building, structure, or part thereof, to any extent, on property other than privately owned property or crossing or moving to any extent upon any utility easement or public property, walk, alley, street or park. Section 2. Any person, firm, or corporation, who is engaged in the business of moving houses, buildings, or other structures, in the City of Corpus Christi, or who desires to en- gage in such business shall apply to the Head of Engineering and Construction Division of Corpus Christi, Texas, for a house movers license and in such application shall state the name and address of such house moving business, the name and addresses of all per- sons owning any interest in said house moving business, the equip- ment of such house moving business, the experience of such house moving business or such person engaged in such business, and such other information as the Head of Engineering and Construc- tion of Corpus Christi, Texas, may deem necessary. If, upon investigation, the Head of Engineering and Construction shall find the person, firm or corporation engaged 7-7 2 in such business, or desiring to engage in such business, is equip - ed to move houses, buildings and other structures in a satisfactory manner, the Head of Engineering and Construction shall issue a house moverls license to such person, upon the payment of a house mover's license fee of Ten Dollars ($10.00) and upon the said per- son, firgy or corporation executing and delivering to the City of Corpus Christi a good and valid band in the sum of Two .Thousand Dollars ($2,000) payable to the City of Corpus Christi and con- ditioned as follows: "That said person, firm, or corporation shall keep the City harmless from any and all damages by the moving of any house, building, or structure along and upon the streets of said City, and shall repair or pay for all damages to said street, paving, curbs, gutters, manholes, manhole covers, utility valve boxes and covers, sidewalks, street markers, traffic signs, bridges, or culverts, and damages to other property in said City, and that such person, firm, or corporation, shall comply with all the terms of the ordinance known as the House Movers Ordinance and all other ordinances Of the City of Corpus Christi, now in force and effect and that may be hereafter duly and legally passed and approved by the City Council of the City of Corpus Christi, Texas." Said bond shall also be conditioned that it shall not be discharged by one recovery thereon, but that the o�ligation is a continuing one. That said person, firm, or corporation may give as surety upon said bond a good and reliable surety company or may give a personal bond with two or more persons as sureties, said bond Shall be approved by the City Attorney of the City of Corpus Christi, that after said application has been made and approved, and said bond, executed and delivered, the Head of Engineering and Construc- tion shall issue a house mover's license to such person, firm, or corporation, which said license shall be valid for a period of one year from date of issuance, which said license shall authorize said person, firm, or coporation to engage in the business of moving houses, buildings, or other structure within the corporate limits of the City of Corpus Christi as hereinafter provided. Such license shall not authorize the moving of any buildings unless other provisions under this ordinance are strict- ly complied with. Section 3. "When any person,firm, or corporation, hold- ing a valid house mover's license, shall desire to move any house, building, or other structure within the City of Corpus Christi, such person shall first consult the City Electrician and shall give the City Electrician information as to the location of the house to be moved, the route on which said house is proposed to be taken over the streets of Corpus Christi, and the final loca- tion of such building or structure, and, if the City Electrician deems it necessary, such applicant and the City Electrician shall go over such route. The City Electrician shall determine the es- timated expenses, including time and material, of the Electrical Section in assisting the contractor in the moving of the building, and prepare a written, itemized statement thereof, in duplicate Such applicant shall take such statement of the City Electrician to the Inspection Section Office and there make application for permit to move such house, building, or structure, which said application shall state the location of the house, the building, or structure; the route to be taken, and the final location of the structure to be moved, and shall have attached toit the statement of the City Electrician as hereinbefore provided. If the Head of Engineering and Construction approves such application, he shall issue a permit for the moving of such house, building, or other structure upon the applicant depositing amount of estimated expenses plus the 4 regular fee as provided for in the Building Code of the City of Corpus Christi for the moving of a house, building, or other structure. Section 4. If it is necessary, in the moving of said house, building, or structure, for the City Electrician or his helpers to work after working hours, then such house mover shall pay an additional sum amounting to time and one -half of the regu- lar wages of such electrician or his helpers to the City of Corpus Christi, which said City shall in turn pay the amount to the City Electrician or his helpers, In the event it shall be necessary for the City of Corpus Christi to employ additional electricians to aid in removing such signal lights or fire alarm wires necessary to be moved or render other assistance to said house mover, then such house mover shall pay all expenses incur- red by the City for such extra men. All deposits, fees, and charges provided in this Ordinance shall be paid to the Engineer- ing and Construction Division of the City of Corpus Christi, Texas, through the Inspection Section and the Inspection Section shall transfer said funds to the City Tax Assessor and Collector, upon receiving proper receipt therefor, Upon completion of the mov- ing, the City Electrician shall prepare and file with the Head of Engineering and Construction a final statement of actual ex- pense and the deposit shall be applied to payment of same. Any excess or deficiency of deposit shall be refunded or collected in conformity with such final statement. The Electrician shall send the statement for such extra help or overtime on the part Of City employees,or additional expense,to the person, firm, or corporation holding the license to move houses or other buildings in the City of Corpus Christi, Texas. Failure of the house mover to pay for such extra men or overtime or additional expense with- in ten (10) days after the receipt of such statement, shall auto- matically cancel the license of such person, firm, or corporation engaged in the business of house moving in the City of Corpus Christi, Texas, and a letter from the Head of Engineering and Construction to such person, firm, or corporation shall be suf- ficient to cancel such permit* Section 5. That all persons, firms, or corporations engaged in the moving of houses, buildings, or structures within the corporate limits of said City shall, before moving the same, give notice to all persons, firms, or corporations having plies, lines, wires, or other such fixtures that may be affected along the route over which said 'house, building, or structure may be moved, which notice shall be given at least twenty —four (24) hours before said house, building, or structure shall be moved. That notice shall also be given to the Head of Engineering and Construc- tion at least twenty —four hours before the moving of any house, building, or structure, and which notice shall contain the names of the streets and alleys or parts of the City, and the descrip- tion of the parts of said City over which said house, building, or structure is to be moved, and also a description of the loca- tion of the culverts or bridges over which such house, building, or structure is to be moved. Section 6. That said persons, firms, or corporations engaged in the moving of house, buildings, or structures in said City shall move the same with reasonable dispatch and without un- necessary delay, and shall not unreasonably or unnecessarily block traffic upon any streets or alleys of said City. Section 7. Any person, firm, or corporation, who shall have a house moverts license and who fails or refuses to comply with the provisions of this ordinance, shall be subject to the penalties hereinafter provided and it is further provided that such license shall be cancelled by written notice by the Head of Engineering and Construction to such person, firm, or corpora- tion notifying him or them that said permit has been cancelled, in which written notice shall be set forth the grounds and reasons. Section B. In addition to the cancellation of the license as hereinbefore provided, any person, firm, or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeaner and upon conviction thereof in the Corporation Court of the City of Corpus Christi shall be fined in any sum not less than Five ($5.00) Dollars not more than Two Hundred ($200) Dollars for each violation thereof. In case the house moving business which shall violate any of the provisions of this ordinance, shall be a corporation, then, in that event, the president, vice presi- dent, secretary, treasurer, or any manager, agent, or employee, shall be also severally liable to the penalties herein provided. Section 9. All ordinances and parts of ordinances in conflict herewith are hereby repealed. Section 10. That if any of this ordinance is or should be held invalid or unconstitutional for any reason, then that fact shall not invalidate the entire ordinance, but the balance hereof shall remain in full force and effect. Section 11. This ordinance shall take effect from and after the date of its publication in the official publication of the City of Corpus Christi, Texas, which publication shall be sufficient if it contain the title of this ordinance and state the penalty pro- vided herein for the violation thereof. Section 12. The fact that many houses, buildings, or structures are moved within the corporate limits of the City of Corpus Christi, Texas, and that such persons moving such structures have been securing removal of traffic lights and fire alarm wires without pay- ment to the City of Corpus Christi, Texas; and the further fact that there is a need for regulation of route to be taken by such house mov- ers, and that the people in the City of Corpus Christi be more adequate- ly protected, creates a public emergency and imperative public neces- sity requiring the suspension of the Charter rule providing that no Ordinance Or Resolution shall be passed finally on the day it is in- troduced and that such Ordinance or Resolution shall be read at three several meetings of the City Council, and the Mayor having declared . that such public emergency and imperative public necessity exist, and having requested that said Charter rule be suspended and this ordin- ance be passed finally on the date of its introduction and take ef- fect and be in full force and effect from and after its passage and its publication as required by the City Charter and by law, IT IS ACCORDINGLY SO ORDA11M. PASSED AND APPROVED On this the day of May, A.D. 195o. MAYOR The City of Corpus Christi, Texas City Secretary APPROVED AS TO LEGAL FORM: ty Attorney Corpus Christi, Texas , 1950 TO THE P.".E EERS OF THE, CITY COUNCIL Corpus Christi, Texas Gentlemen: For the reasons set forth in the emergency clause of the fore- going ordinance, a public emergency and imperative necessity exist for the suspension or 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, hereby request that you suspend said Charter rule or requirement and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, r h :YOR City of Corpus Christi, Texas The Charter rule was suspended by the following vote: Leslie Wasserman Jack DeForrest Barney Cott' Sydney E. Iierndon A George L. Lowman The above ordinance was passed by the following vote: Leslie Aasserma.n Jack lleForrest Barney Cott Sydney E. Herndon George L. Lotimnsn 277 �p