Loading...
HomeMy WebLinkAboutO-1973-945 . ~, . ORDINANCE NO. 945 -. AN ORDINANCE REGULATING GRAVEL PITS, SAND PITS, STONE QUARRIES, ROCK QUARRIES AND EARTH EXCAVATION PITS WITHIN THE CITY OF LA PORTE; REQUIRING SPECIAL PERMITS; PROVIDING FOR NOTICE AND HEARING BEFORE THE ISSUANCE OF SPECIAL PERMITS; CONTAINING A SEVERABILITY CLAUSE; PROVIDING ANY PERSON, FIRM, OR CORPORATION VIOLATING THE TERMS OF THIS ORDINANCE SHALL, UPON CONVICTION, BE DEEMED GUILTY OF A MISDEMEANOR, AND SHALL BE FINED IN ANY SUM NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00), AND THAT EACH DAY OF VIOLATION SHALL CONSTITUTE A SEPARATE OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE: Section 1. It shall be unlawful for any person, firm or corporation to make any excavation for gravel, sand, stone, rock, or earth, within the corporate limits of the City of La Porte, except in the normal course of construction at the .. location of such removal, without having obtained a permit as is herein required, and without complying with the provisions of this Ordinance or in violation of or variance from the terms of any such permit. Section 2. Applications for such special permit shall be made to the City C1e~k, and shall describe the location of the intended excavation, the size thereof, the purpose therefor, and the person, firm or corporation doing' the actual excavating work, and the name of the person, firm or corporation for whom or which the work is being done, and shall contain an agreement -. that the applicant will comply with all ordinances and laws relating to the work to be done. Section 3. The City Commission of the City of La Porte may, after public hearing, notice of which shall be given by publication in the official newspaper of the City of La Porte for three consecutive weeks, issue a special permit containing such requirements and safeguards as are necessary to protect adjacent property and the public safety, health, and welfare. Section 4. At the time the special permit is issued, the City Commission shall impose reasonable conditions for . the protection of the public health, safety and welfare, and shall provide for the restoration of such property to a usable '. . Ordinance No. 945 , Page 2. . condition after excavations have been terminated. Section 5. The fee for such permits shall be Two Thousand Five Hundred Dollars ($2,500.00). Section 6. No such permit shall be issued unless and until the applicant therefor has filed with the City Clerk a bond in the sum of Twenty-five Thousand Dollars ($25,000.00) conditioned to indemnify the City of La Porte for any loss, liability, or damage that may result or accrue from or because of the making, existence or manner of guarding or constructing such excavation. Such bond shall have as surety a corporation licensed to do business in the State of Texas as a corporate surety. Section 7. It shall be unlawful to make any such excava- tion in any way contrary to or at variance with the terms of the permit therefor. Proper bracing shall be maintained to prevent the collapse of adjoining ground; and the excavation shall not have at any point below the surface any portion which extends beyond the opening at the surface. Section 8. Any person, firm or corporation making any excavation shall restore the surface to its original condition and to grade level. Refills shall be properly tamped down, and any bracing shall be left in the ground. Section 9. It shall be the duty of every person, firm or corporation making such excavation, to place and maintain barriers and warning devices necessary for the safety of the general public. Such barriers, warning signs, lights, and the like, shall conform to the requirements of the City Commission. A substantial six-foot fence of solid construction shall be erected around the entire perimeter of the excavation site, with gates, which shall be kept locked and secured when excava- tion is not actually in progress. Section 10. Any special permit issued under the terms of this Ordinance shall be for a term not greater than one year. Section 11. Any person, firm or corporation violating ~. . . .' . . . . . Ordinance No. 945 , Page 3. any of the terms of this Ordinance, shall, upon conviction, be deemed guilty of a misdemeanor, and shall be fined not to exceed Two Hundred Dollars ($200.00); and a separate offense shall be deemed committed, on each day during or on which a violation occurs or continues. Section 12. Each and every provision, paragraph, sentence and clause of this Ordinance has been separately considered and passed by the City Commission of the City of La Porte, Texas, and each said provision would have been separately passed without any other provision, and if any provision hereof shall be ineffective, invalid or unconstitutional, for any cause, it shall not impair or affect the remaining portion, or any part thereof, but the valid portion shall be in force just as if it had been passed alone. Section 13. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Clerk shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper in the City of La Porte at least twice within ten (10) days after the passage of this ordinance. PASSED AND APPROVED this 15th day of January 1973. " CITY OF LA PORTE Byh:~~ E. A. Thomas, Ma or -- .- ~: - ~ ,.~~..~ Ci Clerk AP~ ~4LJ City Attorney