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Home My WebLink AboutOrdinances (509)-03/29/1965 / :' V ~)~r' VOL (/to:! PA~F h,;;~ CITY OF COLLEYVILLE 'TAH.RAJ\:T COUNTY " . . t, !, ('.1 \,,.1...- \'_. IH;" ".' . :;f ~ t ~ .. .~~' .,)" i j ~ ]. :: t; ,:~:. · f' l,!fJ L..J -;d ORDINANCE NO. .~ ([) 9' AN ORDINANCE PROHIBITING THE MOVING INTO THE CORPORATE LIMITS OF THE TOWN OF COLLEYVILLE~ TEXAS~ ANY OLD OR USED HOUSEl BUILD- ING OR STRUCTURE PROM OUTSIDE THE CORPORATE LIMITS OF THE TOWN OF COLLEYVILLE, TEXAS~ FOR THE PURPOSE OF PLACING SUCH HOUSEl BUILDING OR STRUCTURE UPON ANY LOT OR TRACT OF GROUND FOR ANY USE OR OCCUPANCY OF ANY NATURE WHATSOEVER WITHOUT FIRST OBTAIN- ING A PERMIT THEREFORE FROM THE TOWN COUNCIL OF THE TOWN OF COLLEYVILLE; PROHIBITING THE MOVING OF ANY HOUSEl BUILDING OR STRUCTURE FROM ONE LOCATION IN THE TOWN OF COLLEYVILLE TO ANOTHER LOCATION IN THE TOWN OF COLLEYVILLE WITHOUT FIRST OBTAINING A PERMIT THEREFORE FROM THE TOWN COUNCIL OF THE TOWN OF COLLEY- VILLE; PROVIDING FOR AN APPLICATION TO BE MADE TO THE CITY SECRETARY OF THE TOWN OF COLLEYVILLE FOR A PERMIT TO MOVE A BUILDING WITHIN THE CORPORATE LIMITS OF THE TOWN OF COLLEYVILLE OR INTO THE CO~~- PORATE LIMITS OF THE TOWN OF COLLEYVILLE; PROVIDING FOR A PUBLIC HEARING BEFORE THE TOWN COUNCIL OF THE TOWN OF COLLEYVILLE, PRO- VIDING FOR PUBLIC NOTICE OF SUCH PUBLIC HEARING BEFORE THE TOWN COUNCIL; PROVIDING POR A PERMIT TO MOVE A HOUSEl BUILDING OR STRUCTURE TO BE ISSUED BY THE TOWN COUNCIL UPON SUCH CONDITIONSI REQUIREMENTS OR RESTRICTIONS AS THE TOWN COUNCIL SHALL DETERMINE; PROVIDING POR SAFETY REQUIREMENTS; PROVIDING FOR A PENALTY FOR A VIOLATION OF THE ORDINANCE OF A FINE OF NOT LESS THAN ONE DOLLAR ($1. 00) NOR MORE THAN TWO HUNDRED DOLLARS ($200.00); PROVIDING FOR EXCEPTIONS AND EXEMPTIONS IN COMPLAINTS; PROVIDING FOR CATCHLINES; PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EMERGENCY., ,,tJt/ BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF COLLEY- VILLE I TEXAS: SECTION 27-1. DEFINITIONS. The following words and phrases when used in this ordinance shall have the meanings respectively ascribed to them by this section: .. . ,j;D~ VOL O~O~ PAG[ti~(; TOWN shall mean the Town of Colleyviller Texas. BUILDING INSPECTOR shall mean the building inspector of the Town of Colleyville. CITY SECRETARY shall mean the Secretary of the Town of Colleyville, Texas. PERSON shall mean a human being, his heirs, executors, administra- tors or assigns, and also includes a firm, partnership, association or cor- poration" it or their successors or assigns, or the agent of any of the afore- said. STREET OR PUBLIC STREET shall include any street, alley, avenue, lane, boulevard, drive" public place or highway commonly used for the pur- po se of travel within the corporate limits of the Town. SECTION 27-2. NO BUILDING OR STRUCTURE TO BE MOVED INTO THE TOWN OF COLLEYVILLE WITHOUT A PERMIT. It shall be unlawful for any personl firm or corporation to move into, or in any manner to bring into, the corporate limits of the Town of Col- leyville any old or used house" any old or used building or structure, or any assembled portion of any old or used house, building or structure, from out- side of the corporate limits of the Town of Colleyville for the purpose of placing such house, building or structure upon any lot or tract of ground for any use or occupancy of any nature whatsoever without first obtaining a per- mit from the Town Council of the Town of Colleyville, Texas. SECTION 27-30 PERMIT REQUIRED TO PLACE ANY OLD OR USED HOUSE, BUILDING OR STRUCTURE UPON LOT IN THE TOWN. A. It shall be unlawful for any person, firm or corporation to move or relocate any old or used house, any old or used building or structure, or any assembled portion of such house" building or structure from one location in the Town of Colleyvil1e to another location, lot or tract of land in the Town of Colleyville without first obtaining a permit therefore from the Town Council of the Town of Colleyville. B. Any person, firm or corporation desiring to move or relocate any old or used house, building or structure from one location in the Town ~~q (j')fI~) '-~. J! VOL /.JV'.. PAGf. U~'f to another location, lot or tract of land in the Town shall file an application with the City Secretary of the Town of Colleyville requesting that he be per- mitted to move or relocate a particular house, building or structure from one location to another location, lot or tract of land in the Town of COlley- ville. Upon the filing of the application, the applicant shall pay the Build- ing Inspector the sum of /''i 1771."/// ("~;J-:tJt1J) lx,/ LA-,+:" ,-S- to help pay the cost of processing the application to the Town Council and the cost of mailing notice s required by this ordinance. Co The application shall contain the following information: L Name, address and telephone number of applicant. 2. Description and size of the house, building or structure to be moved, together with a picture thereof. 3. Legal description of the lot and the local address upon which the house, building or structure is to be moved or relocated on if a permit is granted by the Town Council. 4. A drawing or plot plan showing the dimensions of the lot or tract of land upon which the house, building or structure is is to be moved or relocated, and the location of existing buildings or structures upon the lot, if any, together with the location of existing buildings or structures upon adjoining lots. D. Upon the filing of the application, the Building Inspector shall investigate the application by inspecting the house, building or structure, to be moved or relocated upon the lot or tract of land and the lot or tract of land upon which the house, building or structure is to be located. He shall then advise the Town Council as to whether the house, building or structure meets the requirements of the building code, and other applicable ordinances of the Town of Colleyville, and whether or not the lot and house, building or structure, if allowed to be moved onto the designated lot or tract of land, would meet all of the requirements of the building code and other applicable ordinances of the Town of Colleyville. E. After receiving the application and report of the Building Inspec- tor, the Town Council shall set a date for a public hearing on the application. Public notice of the public hearing shall be sent to owners of real property lying within , .'j"'.{" {" feet of the lot or tract of land upon which the house, building or structure is to be located" such notice to be . 'q ~~ . VOL 6~!f)2' PAGf. 6;~5 given, not less than ten (10) days before the date set for hearing, to all such owners who have rendered their property for county taxes as the ownership appears on the last approved County Tax Rolls. Such notice may be served by depositing the samet properly addressed and postage paid, in the Town Post Office.. F. After such public hearing, the Town Council shall either grant or deny the request taking into consideration the location and size of the lot upon which the house" building or structure is to be located, the size and construction of the house, building or structure to be moved, the population density in the area, the location and use of buildings, structures and land in the area; prOVided" that no reque st shall be granted if the Town Council shall find: 1. That the house, building or structure to be moved does not meet all of the requirements of all applicable ordinances of the Town of Colleyville. 2. That the lot or tract of land with the house, building or struc- ture thereon would not meet all of the requirements of the applicable ordinances of the Town of Colleyville. 3. That the house, building or structure to be moved has deter- iorated more than fifty (50%) per cent of its original value by virtue of fire or by virtue of age or normal wear and tear or other elements. 4. That the moving of such house, building or structure upon the lot or tract of land would cause injury to persons or pro- perty or damage to the streets or other public improvements. G. If the Town Council shall grant the request to move such house, building or structure, the Town Council by resolution shall cause a special permit to be issued authorizing the moving of such house I building or struc- ture upon the lot or tract of land under such conditions, requirements or re- strictions as the Town Council shall determine. H. The Building Inspector of the Town of Colleyville shall not issue a Certificate of Occupancy and Compliance for the use of such house, building or structure until it complies with all requirements of all applicable ordinances of the Town of Colleyville. SECTION 27-4. to 27-9. RESERVED. Section 27-4. to Section 27-9., both inclusive, are hereby reserved for future use. · '( ~5D9 . ('~J{a') t.:.'fl VOL l'.~~ PAGEu,....O SECTION 27-14. SAFETY REQUIREMENTS. A. No person, firm or corporation shall move any house, building or structure over J acros s or along any public street in the Town of Colley- ville unless accompanied or escorted by a Law Enforcement Officer. B. Every house, building or other structure being moved over, across or along any public street after dark shall be equipped with sufficient lights continuously burning for the protection of the public. There shall be a minimum of five (5) red lights placed on each side of the building in such manner as to indicate the extreme width, height and size of such house, building or structure. C. No house, building or other structure shall be parked or left standing for any period of time upon any public street in the Town of Colley- ville., except when in continuous travel upon said public street. D. When more than fifty (50%) percent of the street, measured between curbs, is occupied at night by the house, building or other structure, or when in the opinion of the Building Inspector, flagmen are nece s sary to direct or caution traffic, the owner or person moving such house or building shall employ at their expense, two flagmen to remain continuously with such house or building while the same is upon the public streets of the Town of Colleyville. SECTION 27-15. PENALTY. Any person Violating or failing to comply with any provision of this ordinance shall be fined upon conviction not less than One Dollar ($1. OO) nor more than Two Hundred Dollars ($200.00), and each day any violation or non- compliance continues shall constitute a separate offense. SECTION 27-17. EXCEPTIONS AND EXEMPTIONS NOT REQUIRED TO BE NEGATIVED. In any complaint and in any action or proceedings brought for the enforcement of any provision of this ordinance, it shall not be necessary to negative any exception, excuse, proviso, or exemption, contained in this ordinance, and the burden of proof of any such exception, excuse, proviso, or exemption, shall be upon the defendant. e VOt 6~tr~ iJ!~~ti40 4f~r . . . . SECTION 27-18. CATCHLINES. . ~ The catchlines of the several sections of this ordinance immediately following each section numberJ or subsection letter or number are intended as mere catchwords to indicate the contents of the section of subsection and shall not be deemed or taken to be titles of such sections, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such se~tionsJ including the catchlines are amended or re-enacted. SECTION 27-19. SAVINGS CLAUSE. It is hereby declared to be the intention of the Town Council of the Town of Colleyville, that the sections, paragraphs, sentencesJ clauses and phrases of this Ordinance are severable and if any phrase, clause, sen- tence, paragraph or section of this Ordinance shall be declared unconstitu- tional,. such unconstitutionality or invalidity shall not affect any of the re- maining phra se s, clause s I sentence s, paragraphs ,or sections of this Ordi- nance, since the same would have been enacted by the Town Council without the incorporation in this Ordinance of any such unconstitutional or invalid phrase, clause, sentence, paragraph or section. SECTION 27-20. EMERGENCY. The fact that the present ordinances and regulations of the Town are inadequate to properly control the moving of houses and other building and structures upon lots in the Town of Colleyville and the moving of such structures upon the public street of the Town of Colleyville creates an emer- gency for the immediate preservation of the public business, property, health, safety and general welfare of the public which require s that this ordinance shall become effective from and after the date of its passage as provided and it is accordingly so ordained. PASSED AND APPROVED by the Town C uncil of the Town of Colley- ~ ~W-b 1_ ville, Texas, this ~ dayof--- tit:. ,1965. .. ; -:J..... -, <.~':! ,.'1'1 ..:>A~TES1'i-:" " . "/'Y} ,) .... .: //I.1.J. ( - (tJ~~~ Town. cre ary"'. 'APPROV'E0 AS TO fORM: ) ~. ..' d /1/ /.' '/". . )'~ " ; .... ;L-~ 1- -y---f 1"',,/., ,- ToWn Attorney M4r-?'A~~ E. R. . ndalv ,,' ,-;, 6 'Ii'~ u.(. O")j V 01. ~ :~~/. r,h:~ t-'OII , ru..tD , !."RR l..NT COUNT\'~ T:::)..A~ .....DiP STATE OF TEXAS l i COUNTY 9F TARRANT r } I lierebYcertify that this ins1rument was FILED on tfII Hate and at the time s~am ced hereon by me and was dulp RECORDED in .th~ VOI~'me an.:! Page of the DEED RECORDS of Tarrant County. Texas as statn"ed hereon by me, MAR 29 1977 ~~~'t.. {.-/^ \<; A . -4!. -, _____. r,::'~A7:.i 1'71n"""'~7:' X:'~'47J."~~ f,' '; ... I' (j~"-,,,,>-- ~~l1 .1)1;' __ ' .. '.'" I ___--.. .....~ '. 40:) ,;,~'\.'. COUNT\, CLERK" IARRAifl: .c.o.UNU," rKNt~ .;,} . " . . t. '.\ '<J '. \,).... ~ '~ ~ "'~ y I r~ 'V G'~ ~ ,.~~ "" ~ ,~, ~~ ~~ ~ ;~- ~ ~~ 'j ~~ r\~) ~~ .,~ f\ . . To the City Secretary of the City of Colleyville, Texas: Case No. APPLICATION FOR PERMIT CITY OF COLLEYVILLE, TEXAS 1. Name, address & telephone of applicant: (b) the old or used house, building or structure is: To be moved into the corporate limits of Colleyville from outside its corporate limits, or To be moved from one location within the corporate limits of Colleyville to another location within its corporate limits. 2. Whether (a) Answer: 3. Description and size of the house, building or structure to be moved, together with a picture thereof: 4. Legal description of the lot and the local address upon which the house, building or structure is to be moved or relocated on if a permit is granted by the Town Council: 5. A drawing or plot plan showing the dimensions of the lot or tract of land upon which the house, bUilding or structure is to be moved or re- located, and the location of existing buildings or structures upon the lot, if any, together with the location of existing buildings or structures upon adjoining lots. Note: Any of the above information may be furnished by exhibits attached hereto, and marked Exhibit "A", "B", "C", etc. I am the owner or am authorized to pay the required fee and make this application on behalf of the owner of the property sought to be moved. The payment of the required fee and the filing of this application for permit are to comply with the provisions of Ordinance No. 509, as amended, of the City of Colleyville, Texas. Signed Applicant Date of Filing: 19_. Receipt No. $