73-3-Ordinance-Regulating the Moving of Buildings along Streets and Highway-05/21/1973NO 73-3
AN ORDINANCE AMENDING THE rODE OF ORDINANCES OF TIDE CITY BANGER,
TEXAS, REGULATING THE MOVING OF BUILDINGS OVER, ALONG" OR ACROSS
HIGHWAYS, STREETS -,AND ALLEYS IN SAID CITY; PROVIDING FOR PROTECT
ION OF THE CITY FROM DAMAGES ARISING OUT OF SUCH OPERATIONS;
AUTHORIZING THE CITY BUILDING INSPECTOR TO ISSUE PERMITS; PROVIDING
FOR ENFORCEMENT; AND PRESCRIBING PENALTIES FOR THE VIOLATIONS OF
ITS PROVISIONS; AND DECLARING AN EMERGENCY®
THE COUNCIL OF THE CITY OF BANGER, TEXAB, HEREBY ORDAINSs
Section 1, Definitions
For th.o purposes of thas ordinance the Following terms, phrases,
wards and their deriva.taons sha,I_l have the meaning given herein
(1) ildang" as a structure designed, built or occupied
as a shelter or roofed enclosure for persons, aniemals or property
anA used for. residential, Yausaness, mercantile, storage, commercial,
indus tr:aI., institutional, assembly, educational or recreational
purposes® Buildings not exceeding twelve (12) Feet in widtk , sixty
(60) feet in length, and thirteen feet six inches (1316") in
height above the street level are exempted from this definition
and terms of this Ordinance,
(2) "Building Inspector" is the Buia.dang Inspector of the
C a_ty of Sanger, Texas
(3) "City" i s the City of Sanger, Texas®
(4) "Person" as any person, Farm, partnership, assooiation,
corporation, company or organization of any Kand®
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Section. 2. Permi.t Required® CITY 113XI `CD lfw;
No person shall move any building or portion thereof over,
among or across any highway, street or alley in the City wa.thout
first obtaining a permit From the Building Inspector; no mova.ng
shall be permitted between the hoursa.m® and 9s00 a®m®
or ��s00 p®m® and 6a00 p®m® No house moving will be allowed on
weekends or'holidays®
Section 3® General Requirements®
No application for s.n.y permit to move buildings or other
oversized loads will be aocepted until the appl.�.cant shall have
the following on file with the Building Inspectors
(a) A bond, approved as to Corm by the City Attorney, exe�
Doted by a bonding or surety oompany authorized to do business in
the State of texas in the amount of Five 'Iho��sand (`�5, 000®®U )
Dollars, conditioned upon the assurance that this and other
applyoablpe Qrdinanoes and laws will be complied with® Such bond
shall run to the City and shall be on" ditioned on. payment for any
expense or damage to public property, and payment of any expenses,
damages or losses resulting from any ma,lfea.sons, misfea.sons,
on�feasons, or negligency in conneoti
n.on with any of the activities
upon which a house moving permit applied for is granted®
(b) In addition to the foregoing requirement for a bond, a
liability insurance policy a_n. full force and effect shall be rr--.�
quired in the mtnimum sum of Fifty Thousand ($50, 040 ®00 ) Dollars
f
or injury or death to more than one (1) person From an,y one
accident and the minimum sum of Twenty�Five `thousand ($2.5, 000 W 00 )
Dollars for property damage for any one accident and such policy
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shall contain a provision obligating the insurer to give written
notice of cancellation not less than ten (10) days prior to the
date of suoh cancea_latlon to the Building Inspectors
Section® Application®
A person seeking issuance o a permit hereunder shal7p life
an application for suoh permit with the Building Inspector,
(1) F'orm® The application shall be made in writing upon
�'ortr►s provided by the Building Inspector, and shall be Filed in
the o�'�'ice o1' the Bu�wlding Inspector®
(2) Contents® The application shall set �orth�
(a) A description ofi th.e building proposed to be
moved, giving street number, construction materials,
dimensions, number of rooms and condition of ex�
terior and interior maximum height of building
above ground level when mounted on moving apparatus;
(b) A legal de sr,ra.ption off' the lot From which the
buil.ding:is to be moved, giving the lot, block,
tract number, and street address, if_ located in the
City;
(c) A legal. description off' the lot to which 1t 1s pro®
posed to move suoh budding, giving lot, block,
tract number, and street address, 1' located in
the City or 1 outside the City the destination;
(d) The portion of the lot to be occupied by the
bu�.lding when moved®
(e) The highways, streets, and alleys over, along or
across which -l;he building is proposed to be tnaved;
(1') Proposed moving date and hours;
(g) Any adda,tIon.al informat.®on which the �3ualding
Inspecl.or shall Find necessary to make a �aJPor det�
ermination of whether a. permit should be issued,
(3) Ao c ompanya.ng papers
(a) Tax Certifioa'�e Q Th.e owner of_ the building to be
moved shall :�'11e with the application su�'.f- iolent
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evidence that the building and lot from wo ch it
is to be removed are free of any encumbrances and
that all takes and any City charges against the
same have been paid in full®
(b) Certificate of Ownership ox Ent.itlement0 The appliL
cant, if other than the owner, shall file with the
application a written statement or bill of sale
signed by the owner, or other sufficient evidence,
that he is entitled to the building®
(o) Texas highway Department Permit® The applicant shall
file with the application a Texas Highway Depart«
ment Permit for moving oversized load if any part
of the proposed route is along a desXgnated U. S.
or State numbered highway route®
(�F) Fee® The applira,tion shall be accompanied by a permit
fee in the amount of one anal one®Fourth cents per square Foot for
eaoh square �'®ot of floor space in the building to be moved, or
Fifteen 00) Dollars, whichever is greater®
Section �® Depos4.ts for Expense or Damage to City®
(1) Upon receipt of an application It shall be the duty of
the Building Tnspeotor to procure from the Utilities Department
and other appropriate agencies an est�i.mate of the expense that
wall_ be inourred in removing, replacing or altering any electric
wires, street lamps, or pole lines belonging to the City or any
other property of the City, the removal, replacement or alteration
of which will be required by reason of the moving of the building,
together with the cost of materials necessary to be used in
making such removals, replacements and/or alterations® Thereafter,
rior to is
suance ssuance of the permit® the Building Inspector shall
require
of the applicant a, deposit of a sum of money equal to
three times the amount of the estimated expense, or Three Uundred
(41300®00) Dollars, whichever sum is greater®
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(2 ) Additionally, said deposit shall be used as an idemn,ity
or any damage which the City may sustain by reason of damage or
injury to any highway, street or alley, sidewalk, Fire hydrant,
shade tree, tJ CA f .c control device, ut Llity liana, or other
property of the Caty, whioh ma.y be oaused by or be inoidental
to the moving of any building over, along or across any street o
the City®
Seoti_on bButies oaf' Buildir� Inspector®
(1) Inspection® Prior tci the issuance off' the permimt, the
Bui.�.ding Inspeotor shall inspect the building and the applicant°s
equipment to determine oompJ.ia�ce with the standards listed below:
(2) Standards �'or Issuance, The Building Inspeotor shall
rei'use to issue a permit if he Finds
(a) That any application requirement or any �'ee or deposit
requirement ha.s not been complied with;
(b) That the building is too 1arge to move without en®
dangering persons or property in the by
(c ) That the building has deteriorated more than �'ii'ty per
cent (i0%) of .its original value Y�y d ire or other ale
ment, or is otherwise so structurally unsafe that it
cannot be moved without endangering persons or property
in the City;
(d) That the building is structurally unsafe or unfit liar
the pur�aose for whioh moved, i£ the proposed a_oca.tion
is in the City;
(e) That the applicant's equipment is unsafe, unlicnnsed, or
otherwise n.ot in conormity with hhe law, or that per®
sons or property would be endangered by its use;
(i') That any municipal ordinance or other law would be
violated by the building in its new location;
(g) That for any other reason persons or property in the
City would be endangered by the moving off' the buuilding®
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(3) Fees and Deposits.
(a) Deposit. The Building Inspector shall deposit all
.fees and deposits with the City Secretary. All bonds
and insurance policies shall be filed in the Building
Inspector's Office.
(b ) Return upon non a,ssuance ® Upon his'efusal to a.ssue
a permit the Building Inspector shall return to the
applicant all deposits® A processing fee of Fifteen
(' 15.00) Dollars will be charged to defray expenses
of inspection. Any permit fee in excess of Fifteen
($15.00) Dollars will be returned to the applicant.
(c) Return upon allowance for expense. After the building
has been moved. the Building Inspector shall Furnish
a written statement;:of all expenses incurred in
in removing and replacing all property belonging to
the City, and of all material used in the moving and
replacement together with a statement of all damages
inflicted upon property belonging to the City. Fro
vided, however, that if any wires, poles, lamps or
other property are not located in conformity with
governing ordinances or state law, the permittee shall
not be liable for the cost of removing the same. The
Building :inspector shall return to the applicant all
deposits after the City Secretary deducts the sum
sufficient to pay for all costs, expenses, and damages
to the property of the City by the moving of the
building.
�1�1,e Building Inspector shall secure approval of the
proposed route from the Utilities Department, Department of Public
Vdorks, and other utility service companies deemed advisable by
him before issuing the moving permit.
Section
7® Duties of Permittee.
Every pe rmittee under this ordinance shalla
(1) Use approved route. Use designated streets and move the
building only over the streets approved for. such use in the written
pe.rmlt.
( 2 ) Nottify of revised moving time ® Notify the Building Ins �---� ~
speotor in writing of a desired change in moving date and/or time
as proposed in. the application. at least 24 hours before the new
PIPHIfIlIMM
I
maving time. �'�' �i
d
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(3) Notify of Damage. Notify `the Building Inspector in
writing of any and all damage done to property belonging to the
City within twenty®Four hours after the damage or injury has
occurred.
(4) Display Fights. Cause red lights to be displayed
during the night time on every side of the building, while scan®
ding on a street, "in such a manner as to warn 'the public of the
obstruction. Erect and maintain barricades across the streets in
such manner as to protect the public From damage or injury by
the moving of the building.
(5) Street occupancy. Remove the building from City streets
after forty®eight hours of such occupancy, unless an extension is
granted by the Building Inspector.
(6) Comply with Governing Law. Comply with all applicable
ordinances and laws upon relocating the building in the City.
(7) Provide for Escort. Provide such escort as may be
required by -the Building Inspector to accompany the movement of
the building to protect the public From injury.
(8) Clear the old premises. Remove all concrete slabs, foun�
dation remnants, rubbish and materials and fill all excavations to
existing grade at the ori.gin.al building site so that the premises
are left in a sanitary condition,
(9) Remove Service Connection® Permittee shall notify all
utility service companies to terminate and remove their services,
and obtain from each uti llty service organization a release s<tAting
that all service connections have been properly removed From the
premises terminated.
Section 8. Enforcement.
(1) Enforcing Officers, The Building Inspector, the Police
Department, the Utilities Department, and the Department of Public
Works shall enforce and carry out the requirements of this ord�
finance,
(2) Permittee liable for expense above deposit. The per -no
mittee shall be liable for any expense, damages or costs in ex�
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cess of deposit amounts of securities, and the City Attorney
shall prosecute an action against the permittee in a court of
competent jurisdiction for -lhe recovery of such expenses, dam
ages or costs,
(3) Original premises left unsafe. Where permittee does
not comply with leaving the original premises in a safe and san®
nary condition, the City shall proceed to do the work, and. the
cost thereof shall be charged against the general.. deposit.
Section 9, Penalties,
(1) Any person who shall violate a provision of this Code,
or fails to comply therew7_th or with any a.f the requirerrants
thereof, ar of a permit ar oerta_f'icate �.ssued thereunder, shaJcl
be guilty of a misdemeanor punishable by a fine not less than
ten (�10,(�0) doJ.lars nor more than two hundred (�200,00) Dollars,
Eaoh such. perms n shah. be deemed, guilty of a separate of dense
for a,ach and every day or por-lion thereof dura.ng which any vio®
lotion o:f spy of the provisions o�P this node is c:ommitted, or
conta.nued, and upon conviction of any suoh violations such per
son shall be punisi�ed wi-lkiin the limi-ls provided above,
(2) The imposition of the penaJties herein prescribed shall
not preclude the Ca_ty Attorney :from instituting an appropriate
action or proceeding to prevent an unlawful movement or relocat®
.on of a building within the terms of the ordinance stated above,
or to restrain, correct or abate a violation of said ordinance,
or prevent an Illegal act, conduct,, business or use in or about;
any premises,
PART 11 ,
Tnat if' any section, subsection, paragraph, sentence, clause,
phrase or word in this .ordinance, or application th.ereof to any
person or circumstances is held Invalid by ayn�yy„ court of competent
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jurisdiction, such hol-.ding shall not affect the validity of the
remaining portions of this ordinance, and the City Council of 1,1te
City of Sanger, Texas, hereby deola,res a, VVkItA halve enacted such
remaining porno°ns despi.te any such inva7sya
The fact that the ordinance wh.i-ch presently regulates the
mov.i ng of buildings in the City of Sanger . 1.s inadequate creates
an urgent and immediate emergenoy relative to the preservation
of -the public health, safety, and general welfare, °equ'i:ri.ng
that this ordinance shall ta1 e ex"feot immediately from ar d a '-i;e ^
its passage a.nd it is accordingly so ordained®
PASSED AN7 Ap1'ROVED -this 21st day of Jlay, A D 19'73 A
CTTY 01 BANGER, TEAS
A.Z'T1i;ST s
r ,
RAVE PnARR, JR p , CIaTY SF( RETARY
CIaI'Y OE BANGER ® TEXAS
A1?L'ROVED AS TO J , GA , FORit 1 s
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JONN Tay St1T,T,TV Alai