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."
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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
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