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.
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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.
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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
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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
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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
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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