HomeMy WebLinkAbout04959 ORD - 01/29/1958hills: EB ;1/29/5.8
AN ORDINANCE
AMEN ID I NG ORDINANCE N0. 44,16, HERETOFORE ADOPTED BY THE
CITY COUNCIL ON THE TH DAY OF DECUABER� 1955, BY
APtEND I NG THE FIRST SENTENCE OF SECTION 10 THEREOF SO
AS TO [SETTER DEFINE THE E,CENPTIONS AND EXCLUSIONS -7171
SAID ORDINANCE; AND DECLARING All EMERGENCY.
WHEREAS, THE POSSIBILITY EXISTS THAT SECTION Iii OF ORDINANCE NO.
4416, GENERALLY REFERRED TO AS THE EXCAVATION ORDINANCE, MIGHT BE SUBJECT
TO BEING CONSTRUED TO AN EFFECT CONTRARY TO THE INTENTION OF THE CITY COUNCIL
ADOPTING SAID ORDINANCE, AND IT IS DESIRED TO MORE SPECIFICALLY SPECIFY THE
EXEMPTIONS AND EXCLUSIONS INTENDED TO BE PERMITTED UNDER THE TERMS OF SAID
ORDINANCE BY A REWORDING OF SAID SECTION 1S;
NMI, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TE=:
SECTION 1. THAT ORDINANCE N0. 4416, HERETOFORE ADOPTED BY THE
CITY COUNCIL ON THE 14TH DAY OF DECEMBER,, IC551 BE AMENDED BY AMENDING THE
FIRST SEUTEUCE OF SECTION 13 THEREOF SO THAT THE FIRST SENTENCE SHALL HEREAFTER
READ AS FOLLOWS:
SECTION 15. EXCLUSIONS AND EXEMPTIONS: NOTHING IN THIS ORDt-
NANCE SHALL BE CONSTRUED TO AFFECT OR APPLY TO THE USUAL OPERA-
TIONS OF ANY PERSON OR PERSONS ENGAGED IN NORMAL AGRICULTURAL,
HORTICULTURAL AND RESIDENTIAL ENJOYMENT AND USE OF PROPERTY SO
USED FOR AGRICULTURAL, HORTICULTURAL AND /OR RESIDENTIAL ENJOY-
MENT AND USE, AND THIS ORDINANCE SHALL NOT BE CONSTRUED TO APPLY
TC INDUSTRIAL OPERATIONS OR INDUSTRIAL USES OF A NATURE NOT
GENERALLY OR USUALLY INVOLVINr THE REMOVAL OF THE EXCAVATED
MATERIAL FROM THE PREMISES OF THE INDUSTRY MAKING SUCH EXCAVA-
TI ON.
SECTION G. THE NECESSITY FOR REWORDING SECTION 16 OF ORDINANCE NO.
1+1115, GENERALLY REFERRED TO AS THE EXCAVATION ORDINANCE, TO MORE SPECIFICALLY
SPECIFY THE EXEMPTIONS AND EXCLUSIONS INTENDED TO BE PERMITTED UNDER THE TERMS
OF SAID ORDINANCE CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY
REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION
SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE
OR RESOLUTION SHALL JE READ AT THREE SEVERAL MEETINGS OF THE CITY :OUtJC1L,
AND THE t,4AYOR, HAVING DECLARED THAT SUCH PUBLIC EMERGENCY AND IMPERATIVE
Linscq
NECESSITY EXIST, AND HAVING REQUESTED THE SUSPENSION OF SUCH 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,
IT IS ACCORDINGLY SO ORDAINED.
PASSED AND APPROVED, THIS THE DAY OF JANUARY, 1958.
II1AYOR
Tii'- CITY OF CORPUS CHRISTI, TEY'aS
ATTEST:
CITY SECRETApf _
APPROVED AS TO LEGAL FOIR�i
THIS
THE -17Z DfY OF JANUARY,
r
1550):
CITY ATTORNEY
COR US CHRISTI, TEXAS
TO THE MEMBERS 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 OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLU-
TION 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, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE
OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO-
DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL.
RESPECTFULLY,
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER-RULE WAS SUSPENDED BY THE FOLLOWING VOTED:
FARRELL D. SMITH
W. J. ROBERTS
B. E. BIGLER
MANUEL P. MALDONADO,
CHARLIE J. AILLS
l
ARTHUR R. JAMES
ODELL INGLE
THE ABOVE ORDINANCE WAS PASSED BY
THE FOLLOWING VOTE:
FARRELL D. SMITH
W. J. ROBERTS
B. E. BIGL ER
MANUEL P. MALDONADO
CHARLIE J. AILLS
ARTHUR R. JAMES
ODELL INGLE
1-1059