HomeMy WebLinkAboutORD 1349 Relating to Portable Buildings
ORDINANCE, NO. 1349
AN ORDINANCE RELATING TO PORTABLE BUILDINGS; AMENDING THE CODE OF ORDINANCES
OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; CONTAINING FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY.
WHEREAS, representatives of the Houston Independent School District have
appeared before the City Council to adivse the Council of a critical need
for additional building space at the West University Elementary School, such
need being caused not only by a surge in enrollment but also by
state-mandated decreases in the size of classes; and
WHEREAS, representatives of the HISD have further adivsed the Council
that a permanent solution to the need for space should be achieved in three
years, but that immediate relief is required from the City.s ordinance
restricting portable buildings; and
WHEREAS; 'the City Council is of the opinion that a temporary provision
to allow the use of portable buildings by school districts would be in the
public interest; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE,
TEXAS:
Section 1. Subsection (e) of Section 6-3 of the Code Of Ordinances of
the City Of West University Place, Texas is hereby amended by adding the
following at the end of such subsection:
. . . Until June 1, 1994, this subsection does not prohibit the
erection, placement, use or occupancy of a large portable building
by a school district having the power of eminent domain, if all of
the following circumstances are present: (A) the chief
administrative officer of the district has certified to the City
that such building is urgently necessary for the district to comply
with state-mandated teacher-pupil ratio requirements, and the
district, based on present plans and projections, believes that the
portable buildings will not be needed beyond May 31, 1994, (B) the
building is located on a pre-existing school site, (C) no more than
12,000 square feet of gross floor area are included in portable
buildings, large or small, on that site. Article VIII of Chapter
19 of this Code shall app,ly to school district buildings covered by
the preceding sentence, and it shall be unlawful to use the City
streets to move any such building except pursuant to a license and
permit issued under such Article VIII.
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Section 2. All ordinances and parts of ordinances in conflict herewith
are hereby repealed to the extent of the conflict only.
Section 3. If any word, phrase, clause, sentence, paragraph, section
or other part of this ordinance or the application thereof to any person or
circumstance, shall ever be held to be invalid or unconstitutional by any
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Ordinance Number 1349
court of competent jurisdiction, the remainder of this ordinance and the
application of such word, phrase, clause, sentence, paragraph, section or
other part of this ordinance to any other persons or circumstances shall not
be affected thereby.
Section 4. The City Council officially finds, determines and declares
that a sufficient written notice of the date, hour, place and subject of
each meeting at which this ordinance was discussed, considered or acted upon
was given in the manner required by the Open Meetings Law, TEX. REV.
CIV. STAT. ANN. art. 6252-17, as amended, and that each such meeting has
been open to the public as required by law at all times during such
discussion, consideration and action. The City Council ratifies, approves
and confirms such notices and the contents and posting thereof.
Section 5. The public importance of this measure and the requirements
of the law create 'an emergency and an urgent'public necessity requiring that
this Ordinance be passed and take effect as an emergency measure, and a
state of emergency is hereby declared, and this Ordinance is accordingly
passed as an emergency measure and shall take effect and be in force on the
tenth day following its publication, as required by Section 2.12 of the City
Cha rter.
PASSED ANQ AP~ROVEO this the 12th day of June , 1989.
Voting Aye:
Mayor Higley, Councilmembers Bell, Jenkins,
Redeker, Watson
Voting No:
None
Absent: None
Signed:
Laura C. Higley, Mayor
ATTEST:
Approved as to Form:
Audrey Nichols, City Secretary
James L. Dougherty, Jr.
City Attorney
( SEAL)
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