HomeMy WebLinkAboutORD 1350 Relating to Portable Buildings
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ORDINANCE NUMBER 1350
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 thatimniediate relief is required from the
City's ordinance restricting portable buildings; and
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WHEREAS, although the City Council, by the adoption of Ordinance
No. 1349, has previously granted relief for certain school district
buildings~ representatives of ,the' Houston-Independent School District
have adivSed the City Coucil of additional, factors requiring that the
City's ordinance relating to portable buildings be further-amended;
and '
'WHEREAS~ the City Council is of the opinion that revised
provisions, to allow limited uses 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 to read in' its entirety as, follows:,
(e) Portable Buildings,
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It shall be unlawful fo,r any person to erect, place, use or occupy any
large protable building within the City. This regulation shall be
uniformly applied and enforced;without distinction as to wh.ether,the
portable building is manufactured 'on-site or off-site. All federal,
state and local requirements for. construction,' inspection,
transportation, erection and insltallation:must be; complied with in
connection with any portable building.., It shall be anaffirmat.iv~
defense in any proceeding to enforce this section that the portable
building in question is: (i) located in a portable building district,
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Ordinance Number 1350
098
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if there is one established at that time, or (ii) used temporarily in
connection with construction activities for which a permit is in
effect, and the building is neither used for sleeping quarters nor used
for food prep~ration. 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 l5uilding is necessary for the district to comply with
state-mandated teacher-pupil ratio requirements, and the district,
based on present plans and projections, will make every effort to
remove the additional temporary buildings by 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 apply 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. This subsection does not prohibit the
continued use or occupancy of large portable buildings by a school
district having the power of eminent domain, if the buildings were in J
existence on the effective date of Ordinance No. 1337 of the City Of
West University Place, Texas (relating to buildings, structures and
related regulations, etc.) 'and have not been substantially altered or
moved.
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 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.
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Ordinance Number 1350
099,
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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 Charter.
PASSED AND APPROVED this the 24th day of ,July., 1989.
Voting Aye:
Voting No:
Absent:
Signed:
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Laura C. Higley, Mayor
ATTEST:
Approved as to Form:
James L. Dougherty, Jr.
Cit~ Attorney
Aud~ey Nichols, City Secretary
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(SEAL)
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