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HomeMy WebLinkAbout04795 ORD - 05/08/1957AN ORDINANCE REGULATING THE ACTIVITIES OF HOUSE MOVERS IN , THE CITY OF CORPUS CHRISTI, TEXAS; PROVIDING FOR LICENSE FEES, AND OTHER FEES; PROVIDING THAT APPLICATION BE MADE OF THE DIRECTOR OF PUBLIC WORKS; REQUIRING BOND TO BE MADE; SETTING OUT PROCEDURE TO BE FOLLOWED IN THE MOVING OF ANY STRUCTURE; PROVIDING FOR REIM- BURSEMENT OF EXPENSES TO THE CITY; DECLARING METHOD OF REVOKING LICENSE; PROVIDING PENALTY FOR VIOLATION; REPEALING CONFLICTING ORDI- NANCES OR PARTS OF ORDINANCES; PROVIDING SAV- ING CLAUSE- " _ - BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That hereafter it shall be unlawful for any per- son, 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 conditions of this Ordinance: By the term "to move" is meant the act of mov- ing any house, building, or structure, or part thereof, to any extent on or crossing any utility easement or public property, walk, alley, street or park. There is excepted herefrom all tem- porary field office buildings not exceeding 8 ft. in width and not exceeding 13 ft, overall height when loaded when being moved to a construction site or contractor's storage yard. All other moving shall only be done in accordance with the requirements of the Building Code of the City of Corpus Christi. SECTION 2.- Any person, firm, or corporation engaged in or desiring to engage in moving houses, buildings, or other struc- tures in the City of Corpus Chr1sti, as defined above, shall apply to the Inspection Section of the Engineering and Construc- tion Division of the Department of Public Works for a house mover's license and in such application shall state the name and address of such house moving business, the names and addresses of all persons owning any interest in said house moving business, the equipment of such house moving business in such detail as to show ability to carry on such business, and the experience of 4ch house moving business. �Y . r f O T 1 0 N AMENDING THE HOUSE MOVING ORDINANCE BY CHANGING PARAGRAPH 2 OF SECTION 2 TO THE EFFECT THAT THE BOND REQUIRED OF HOUSE MOVERS SHALL BE IN THE SUM OF $2.000.00 INSTEAD OF $20.000.00. AND BY ADDING TO SAID PARAGRAPH THE FOLLOWING: "IN ADDITION TO SAID BOND THE APPLICANT SHALL FILE WITH THE CITY BY DELIVERY TO THE INSPECTION OF THE ENGINEERING AND CONSTRUCTION SECTION OF THE DEPARTMENT OF PUBLIC WORKS A PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE POLICY CER- TIFICATE NAMING THE APPLICANT AS THE ASSURED AND PROVIDING FOR THE PAYMENT OF ANY LIABILITY IMPOSED BY LAW UPON SUCH APPLI- CANT TO THE EXTENT OF $10,000.00 FOR EACH PERSON FOR BODILY INJURY AND $20,000.00 FOR BODILY INJURY LIABILITY FOR EACH ACCIDENT, AND $5,000.00 FOR PROPERTY LIABILITY DAMAGE FOR EACH ACCIDENT, AND WHICH CERTIFICATE SHALL SHOW THAT SAID INSURANCE IS IN FORCE FOR THE PERIOD FOR WHICH THE LICENSE IS REQUESTED. L c. i �� L- UPON THE DETERMINATION OF THE TRUTH OF-SUCH APPLICATION AND OF THE ABILITY OF THE APPLICANT TO PERFORM HOUSE MOVING OPERATIONS AND UPON THE PAYMENT OF A HOUSE MOVER'S LICENSE FEE OF TWENTY FIVE DOLLARS ($25.00) AND THE EXECUTION AND DELIVERY TO THE CITY OF CORPUS CHRISTI OF A GOOD AND VALID BOND IN THE SUM OF TWENTY THOUSAND DOLLARS ($20p000.00) PAYABLE TO THE CITY OF CORPUS CHRISTI AND CONDITIONED THAT SAID PERSONS FIRMS OR CORPORATION SHALL INDEMNIFY THE CITY AND KEEP THE CITY HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES BY THE MOVING OF ANY HOUSES BUILDING, OR STRUCTURES AND SHALL REPAIR OR PAY FOR ALL DAMAGES TO ANY STREETS PAVING: CURBS GUTTERSp MANHOLES MANHOLE COVERS UTILITY VALVE BOXES AND COVERS, SIDEWALKS STREET MARKERS' TRAFFIC SIGNSp SIGNALS AND APPURTENANCES BRIDGESt yR CULVERTS OR OTHER CITY PROPERTY, AND PAY ALL DAMAGES TO OTHER PROPERTYj BOTH PUBLIC AND PRIVATE, IN SAID CITY RESULTING FROM NEGLIGENCE OF SUCH PERSONS FIRM OR CORPORATION, AND THAT SUCH PERSONS FIRM OR CORPORATION SHALL COMPLY WITH ALL THE TERMS OF THIS ORDINANCES INCLUDING THE PAYMENT OF ALL CHARGES DUE THE CITY# AND COMPLY WITH 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 CHRISTIo TE %AS THE DIRECTOR OF PUBLIC WORKS SHALL ISSUE A HOUSE MOVER'S LICENSE TO SUCH PERSON, FIRMS OR CORPORATION. SAID BOND SHALL ALSO BE CONDITIONED THAT IT SHALL NOT BE DISCHARGED BY ONE RECOVERY THEREON BUT THAT THE OBLIGATION IS A CONTINUING ONES EFFECTIVE FOR ALL RENEWALS OF SUCH LICENSE. IN LIEU OF SAID BOND IN THE AMOUNT OF $20,000.00, THE APPLICANT MAY FILE A BOND IN THE PRINCIPAL SUM OF $2000.00 PROVIDED THAT IN ADDITION TO SAID $2,000.00 BOND THE APPLICANT SHALL FILE WITH THE CITY BY DELIVERY TO THE INSPECTION OF THE ENGINEERING AND CONSTRUCTION SECTION OF THE DEPARTMENT OF PUBLIC WORKS A PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE POLICY CERTIFICATE NAMING THE APPLICANT AS THE ASSURED AND PROVIDING FOR THE PAYMENT OF ANY LIABILITY IMPOSED BY LAW UPON SUCH APPLICANT TO THE EXTEND OF $10,000.00 FOR EACH PERSON FOR BODILY INJURY AND $20,000.00 FOR BODILY INJURY LIABILITY FOR EACH ACCIDENTS AND $5p000.00 FOR PROPERTY LIABILITY DAMAGE FOR EACH ACCIDENTS AND WHICH CERTIFICATE SHALL SHOW THAT SAID INSURANCE IS IN FORCE FOR THE PERIOD FOR WHICH THE LICENSE 15 REQUESTED. i SAID PERSON2 FIRMS OR CORPORATION MAY GIVE AS SURETY UPON SAID BOND A GOOD AND RELIABLE SURETY COMPANY OR MAY GIVE A SUFFICIENT PERSONAL BOND WITH TWO OR MORE FINANCIALLY RESPONSIBLE PERSONS AS SURETIES. BEFORE BECOMING EFFECTIVE SAID BOND REQUIRES THE APPROVAL OF THE CITY ATTORNEY OF THE CITY OF CORPUS CHRISTI, TEXAS. AFTER SAID APPLICATION HAS BEEN MADE AND APPROVED AND SAID BOND EXECUTED AND DELIVERED, THE DIRECTOR OF PUBLIC WORKS SMALL ISSUE A HOUSE MOVER'S LICENSE TO SUCH PERSONS FIRMS OR corporation which said license shall be valid until December 31, next ensuing. Every existing house mover's license may be re- newed by filing an application for renewal and paying the license fee.. SECTION 3. When any person, firm, or corporation, holding 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 said Inspection Section and shall give full information as to the location of the house, building, or structure to be moved, the route on which the same is proposed to be moved, and the final location of such house, building, or structure; and, upon the request of the Inspector, such applicant: shall go over the route with the Inspector or other designated City representative. The City shall determine the estimated expenses, including time and material, of the Electrical Section in assisting the contractor in moving of the house, building, or structure. The City shall prepare in trip- licate a written itemized statement of such expenses, which statement, also setting forth the aforesaid information regard- ing present location, moving route to be followed, and final location of the house, building, or structure, shall be the ap- plication for permit; and the City shall furnish such applicant with a set of forms for securing the approval of the City Traffic Engineer, Chief of Police, fire Chief, City Electrician, and such owners or operators of such utility lines.as may be affected. Such applicant shall Submit such statement with such approvals endorsed thereon and a statement of the City Tax Collector show- ing all City taxes paid on the property, to the Inspection Section office. The applicant shall also state the proposed use to be made of said house, building, or structure after being moved and shall accompany the application to move said house, building, or structure with complete plans and specifications showing the changes and /or conditions of said house, building, or structure - 3 - as the same is proposed to be when moving and all contemplated improvements are completed, and that such completed house, b dild- ing, or structure shall be in conformance with all City Ordinances. Such plans and specifications shall have attached thereto an ap- plication signed by the owner or the owner's agent applying for a building permit in accordance with said plans and specifications, and accompanied by the proper fee therefor as set forth in the Building Code. Said application shall.commit the owner to com- plete the moving and improvement of the house, building,or struc- ture within ninety (90) days from the date of the issuance of the moving permit. Extensions of such time as deemed reasonable may be granted by the Director of Public Works upon a showing of delay caused by matters beyond control of the owner and /or house mover. If the Director of Public Works approves such application, he shall issue a permit for the moving of such house, building, or structure upon the payment of the moving fee by the applicant. Upon the completion of the moving operation and the final deter- mination of the expenses, including time and material of the Electrical Section, incurred by the City by reason of such ser- vices and material, all of which shall be shown by an itemized statement furnished to the permit holder, the latter shall there- upon pay such expenses to the Inspection Section of the Engineer- ing and Construction Division; of the Department of Public Works. Failure to pay these amounts within ten (10) days after the receipt of such statement shall automatically cancel the house mover's 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 Director of Public Works to such person, firm, or corporation shall be sufficient to cancel such permit. SECTION 4. That all persons, firms, or corporations engaged in the moving of houses, buildings, or structures within the cor- porate limits of said City shall, before moving the same, give notice to all persons, firms, or corporations having poles, lines, wires, or other such fixtures that may be affected along the Z! route over which said house, building, or structure may be moved, which notice shall be given at least twenty four (24) hours be- fore said house, building, or structure shall be moved. That notice shall also be given to the Director of Public Works at least twenty four (24) 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- tjon of the parts of said City over which said house, building, or structure is to be moved and also a description of the location of the culverts or bridges over which house, building, or struc- ture is to be moved. SECTION 5. That said personsg firms, or corporations engaged in the moving of houses, buildings, or structures in said City shall move the same with reasonable dispatch and without unneces- sary delay, and shall not unreasonably or unnecessarily block traffic upon any streets or alleys of said City. The permit for the moving of houses, buildings, or structures shall be issued in accordance with the application and shall be valid only on the date or dates and within the hours of the day specified thereon. SECTION 6. Any person, firm, or corporation who shall have a-.house mover's license and who fails or refuses to comply with the provisions of this Ordinance, shall be subject to the pen- alties hereinafter provided, and it is further provided that such license shall be cancelled by written notice by the Director of Public Works to such person, firm, or corporation notifying him or them that said permit has cancelled, in which written notice shall set forth the grounds and reasons. SECTION 7. In addition to the cancellation of the license as hereinbefore provided, any person, firm, or corporation, violat- ing any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor 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 nor more than two hundred ($200.00) dollars for each violation thereof. In case the house moving business which shall violate any of the provisions of this 5 — Ordinance, shall be a corporation, then, in that event, the president, vice president, secretary, treasurer, or any manager, agent or employee, shall be also severally liable to the pen- alties herein provided. SECTION B. All Ordinances and parts of Ordinances in conflict herewith are hereby repealed. SECTION 9. 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 10. 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 herein for the violation hereof. THAT THE FOREGOING ORDINANCE WAS READ FOR THEE FIRST TIME AND PASSED TU ITS SECOND READING ON THIS THE _aDAY OF. 1957, BY THE FOLLOWING VOTE: FARRELL D. SMITH W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO. CHARLIE J. AILLS ARTHUR R. JAMES ODELL INGLE THAT THE FOREGOING ORDINANCE WAS READ FOR TXE SECOND TIME AND PASSED TO ITS THIRD READING ON THIS THE_�_DAY 6F 1957, BY THE FOLLOWING VOTE: ELI D. SMITH W. D W. J. ROBERTS � B. E. BIGLER MANUEL P. MALDONADO CHARLIE J. AILLS ARTHUR R. JAMES ODELL INGLE` THAT THE FOREGOING 1�'O/RDINANCE W S REAO FOR THE THIRD TIME AND PASSED FINALLY ON THIS THE !J DAY OF� 1957, BY THE FOLLOWING VOTE: FARRELL D. SMITH W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO CHARLIE J. AILLS ARTHUR R. JAMES 1' ODELL INGLE j/�J PASSED AND APPROVED, THIS THE a DAY OF NA ATT THE CITY OF CORPUS CHRISTI, TEXAS 1 CITY SE ARY APPRO D TO LE fJq THIS D Y OF , 1957: CITY ATTORNEY ' q w5