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HomeMy WebLinkAbout05430 ORD - 07/22/1959MWW:AH:7:9:59 AN ORDINANCE AMEND ING,THE CITY CODE OF THE CLTY OF CORPUS CHRISTI TEXAS, BY ADDING SECTION 19 -33A REGULATING THE DUMPING OR DEPOSITING OF DIRT OR OTHER FILL MATERIALS IN THE CITY OF CORPUS CHRISTI BY REQUIRING A PERMIT, AND PRO- VIDING FOR CERTAIN EXCEPTIONS; AND AMENDING THE CITY CODE OF THE CITY OF CORPUS CHRISTI, TEXAS, BY ADDING SECTION 18 -41A, DESIGNATING INSPECTION SECTION OF THE DEPARTMENT OF PUBLIC WORKS RESPONSIBLE FOR ISSUING PERMITS TO DUMP OR DEPOSIT DIRT OR OTHER FILL MATERIALS, AND ESTABLISHING CERTAIN PREREQUISITES FOR THE ISSUANCE OF THE PERMIT; PROVIDING FOR PENALTY FOR VIOLATION CONTAINING A SEVERABILITY CLAUSE, PROVIDING FOR PUBLICA- TION AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY CODE OF THE CITY OF CORPUS CHRISTI, TEXAS' BE AMENDED BY ADDING A NEW SECTION NUMBERED SECTION 19 -33A READING AS FOLLOWS: "SECTION 19 -33A. IT SHALL BE UNLAWFUL EXCEPT AS SPECIFICALLY PROVIDED BY THIS SECTION, FOR ANY PERSON, FIRM OR CORPORA- TION TO DEPOSIT OR DUMP ON ANY PROPERTY OR FOR ANY PERSON, FIRM OR CORPORATION TO ALLOW TO BE DEPOSITED OR DUMPED ON HIS PROPERTY OR PROPERTY UNDER HIS CONTROL, ANY DIRT OR OTHER FILL MATERIALS WITHOUT SECURING A PERMIT FROM THE INSPECTION SECTION OF THE DEPARTMENT OF PUBLIC WORKS AS PROVIDED BY SECTION 18 -41A. THIS PROVISION SHALL NOT APPLY TO PERSONS, FIRMS OR CORPORATIONS DEPOSITING OR DUMPING AND SPREADING DIRT, SAND, OR OTHER GARDENING MATERIALS ON THE PREMISES USED IN CONNECTION WITH AN EXISTING BUILDING FOR LANDSCAPING PURPOSES, OR TO THE DUMPING OR DEPOSITING SAND OR OTHER BUILDING MATERIAL ON A LOT IN CONNECTION WITH CONSTRUCTION OF IMPROVEMENTS IN PROGRESS FOR WHICH A BUILDING PERMIT HAS BEEN OBTAINED OR TO THE DUMPING OR DEPOSITING OF DIRT, SAND, FILL MATERIAL, REFUSE, GARBAGE, RUBBISH OR JUNK FOR WHICH A PERMIT HAS BEEN OBTAINED UNDER SECTION 18 -28 TO 18 -141, OR TO THE DUMPING OR DEPOSITING OF SUCH MATERIALS IN A CITY DUMPING GROUNDS SO DESIGNATED BY THE CITY OF CORPUS CHRISTI." 5430 SECTION 2. THAT THE CITY CODE OF THE CITY OF CORPUS CHRISTI BE AMENDED BY ADDING A NEW SECTION NUMBERED 18 -41A READING AS FOLLOWS; "SECTION 18 -441A. THE INSPECTION SECTION OF THE DEPARTMENT OF PUBLIC WORKS SHALL BE RESPONSIBLE FOR THE ISSUANCE OF PERMITS FOR DUMPING OR DEPOSITING DIRT AND OTHER FILL MATERIAL. NO PERMIT SHALL BE ISSUED FOR DUMPING OR DEPOSITING REFUSE, GARBAGE, RUBBISH, OR JUNK AS THOSE TERMS ARE DEFINED IN ARTICLE 696A, VERNON ANNOTATED TEXAS PENAL CODE. EACH PERMIT SHALL BE ISSUED TO A S- ECIFIC PERSON, FIRM OR CORPORATION TO FILL A SPECIFICALLY DESCRIBED PIECE OF PROPERTY AND SHALL SPECIFY THE TYPE OF FILL MATERIAL AND THE DURATION OF THE PERMIT, WHICH SHALL NOT BE FOR A PERIOD IN EXCESS OF ONE WEEK. BEFORE THE PERMIT SHALL BE ISSUED THE INSPECTION SECTION OF THE DEPARTMENT OF PUBLIC WORKS MUST BE SATISFIED THAT THE DIRT OR FILL MATERIAL IS FREE FROM ANY SUBSTANCE INJURIOUS TO THE PUBLIC HEALTH AND WELFARE AND THAT THE DIRT OR FILL MATERIAL WILL BE HANDLED AND DUMPED OR DEPOSITED AND LEVELED OFF IN A MANNER THAT WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH. THE INSPECTION SECTION OF THE DEPARTMENT OF PUBLIC WORKS IS AUTHORIZED TO PROMULGATE FORMS TO BE COMPLETED BY APPLICANTS FOR PERMITS REQUIRING SUCH INFORMATION AS HE DEEMS NECESSARY FOR HIM TO CARRY OUT THE PURPOSES OF THIS SECTION." SECTION 3. ANY PERSON FOUND GUILTY OF VIOLATING ANY OF THE PROVISIONS OF THIS ORDINANCE SHALL BE FINED IN ANY SUM NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00). SECTION 4. IF FOR ANY REASON ANY SECTION, PARAGRAPH, SUBDIVI- SION, CLAUSE, PHRASE, OR PROVISION OF THIS ORDINANCE SHALL BE HELD INVALID, IT SHALL NOT AFFECT ANY VALID PROVISIONS OF THIS OR ANY OTHER ORDINANCE OF THE CITY OF CORPUS CHRISTI TO WHICH THESE RULES AND REGULATIONS RELATE. SECTION 5. THIS ORDINANCE SHALL TAKE EFFECT FROM AND AFTER ITS PUBLICATION ONE TIME IN THE OFFICIAL PUBLICATION OF THE CITY OF CORPUS CHRISTI, WHICH PUBLICATION SHALL BE SUFFICIENT IF IT CONTAINS THE CAPTION AND TITLE HEREOF, AND STATES IN SUMMARY THE PURPOSE OF THE ORDINANCE AND PENALTY FOR VIOLATION THEREOF. -2- SECTION 6. THE NECESSITY FOR IMMEDIATELY PUTTING INTO EFFECT THE REGULATION OF DUMPING AND DEPOSITING OF DIRT AMD OTHER FILL MATERIALS IN THE CITY OF CORPUS CHRISTI 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 OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYORS HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT THIS ORDI- NANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THEAla_DAY OF JnLY, 1959- MAYOR THE CITY 0 RPUS CH I TI,TEXAS ATTEST: a CITY SECRETARY APPROVED AS TO LEGAL FORM THIS 10TH DAY OF JULY, 1959: CITY A TORNEY CORPUS CHRISTI, TEXAS 0 m4wWW � � TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI TEXAS GENTLEMEN: FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCEI A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCEDS AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 1,- THEREFORES 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, MAYOR THE CITY OF C P S CHRIST TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTER ELLROY KING C JAMES L. BARNARD ✓ MRS. RAY AIRHEART v JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GAGE L. LOZANO, SR. J THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: ELLROY KING i JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN ✓ PATRICK J. DUNNE R. A. HUMBLE ✓ GABE L. LOZANO, SR. I 9