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0961 1 ORDINANCE NO. 961 OFFICIAL RECORD AN ORDINANCE AMENDING SOUTHLAKE CITY CODE, CHAPTER 5 ARTICLE IV, THE CONTRACTOR REGISTRATION REGULATIONS; PROVIDING A PENALTY CLAUSE; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERIBILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS the City of Southlake Texas the City is a home rule city acting under its power adopted by the electorate pursuant to Article XI Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS the City Council has determined that in order to protect its citizens and to assure that construction work in the City is performed to standards mandated by the City codes, it is necessary to require registration of all construction contractors; and WHEREAS the City Council has determined that the mandatory registration of construction contractors within the City will more effectively maintain lines of communication between City officials and the contractors and will allow the City officials an avenue to keep the contractors updated on changes in its laws and regulations applicable to construction work within the City; and WHEREAS the City Council deems that it is necessary to adopt these regulations to promote the health safety and welfare of the citizens of the City and the public in general. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE TEXAS Section 1. That Article IV of Chapter 5 of the Southlake City Code is amended to read as follows: ARTICLE IV. CONTRACTORS DIVISION 1. GENERALLY Secs. 5-106--5-120. Reserved. DIVISION 2. REGISTRATION Subdivision I. In General Page 1 of 5 ADOPTED 08/18/09 Sec. 5-121. Title of article. This article shall be known as the contractor's registration ordinance Sec. 5-122. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: General Contractor means a person, firm, association, or corporation that performs or contracts work for hire within the city for which a permit is required including, but not limited to, work that is required or useful for the construction, repair, alteration, removal, or demolition of a structure, sign, street or of an appurtenance that connects to the city's water or sewer service. A General Contractor does not include a Trade Contractor as defined in this section. Trade contractor means a contractor or subcontractor who is licensed by the state including the following: • Electrical contractor means a contractor who performs work as defined in chapter 1305 of the Texas Occupations Code. • Irrigation contractor means a contractor who performs work as defined in chapter 1903 of the Texas Occupations Code. • Mechanical contractor means an air conditioning and refrigeration contractor as defined in chapter 1302 of the Texas Occupations Code. • Plumbing contractor means a contractor who performs work as defined in chapter 1301 of the Texas Occupations Code. • Water Well Driller and Pump Installer means a contractor who performs work as defined in chapter 1901 of the Texas Occupations Code. Cross References: Definitions generally, § 1-2. Secs. 5-123--5-140. Reserved. Subdivision II. Registration Sec. 5-141. Required; application form and contents. All general contractors shall register with the city building official before obtaining a permit to perform work within the city. This registration shall be valid for one year from the date of issuance. Application for registration and renewal must be on a form provided by the building official and contain the following information. (1) Full name of person seeking registration and any assumed name under which the person does business; (2) Permanent business or residential address, (3) Business and residential telephone numbers; Page 2of5 ADOPTED 08/18/09 (4) Other information determined by the building official to be necessary or helpful to identify or locate the contractor. Sec. 5-142. Exceptions: A person exempt from contractor registration hereunder is not exempt from permit requirements. The following are not required to register as contractors- (1) A homeowner performing work on his or her homesteaded property. (2) A business proprietor requesting a permit for work not involving licensed trades at his place of business Sec. 5-143. Fee. General contractors shall pay an annual registration fee. The fee shall be established by resolution of the city council, and must be paid, in full, in advance of registration. Sec. 5-144. Issuance of permits. The building official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing If the application or the construction documents do not conform to the requirements of pertinent laws, the building official shall reject such application in writing, stating the reasons. If the building official is satisfied that the proposed work conforms to the requirements of the code, laws and applicable ordinances, the building official shall issue a permit as soon as practicable. Such permit shall not be issued to a general contractor not currently registered with the city nor to a trade contractor not verified as currently valid on the state internet web site or by other means. Sec. 5-145. Suspension--Reasons. A contractor's registration may be suspended by the building official for any of the following reasons: (1) The contractor fails to request and obtain a final inspection approval prior to the expiration of the permit. (2) The contractor allows use or occupancy of the structure for which a permit was obtained without first obtaining the required authorization from the city. (3) The contractor has been found by the building official to have been grossly negligent in the performance of his work. Sec. 5-146. Same--Appeal; actions. A contractor whose registration has been suspended may appeal to the Building Board of Appeals (the board) In the case of an appeal to the Board, the action of the building official shall stand until the case is heard. After hearing the case, the board may take the following action: (1) Affirm the suspension; (2) Overrule the suspension and reinstate the registration of the contractor; (3) Affirm the suspension, but waive any or all of the reinstatement requirements set forth in section 5-147; or (4) Affirm the suspension and require conditions for reinstatement in addition to those set forth in section 5-147 including, but not limited to, prohibiting reinstatement for up to six months. Page 3 of 5 ADOPTED 08/18/09 Sec. 5-147. Reinstatement. A contractor whose registration has been suspended may reapply for registration if. (1) All circumstances leading to the suspension have been corrected; (2) The contractor reapplies for registration; (3) The registration fee is paid; and (4) Any additional conditions set by the board pursuant to section 5-146 have been met. Secs. 5-148--5-164. Reserved. Section 2. Any person, firm or corporation who violates, disobeys, omits. neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars 2,000.00) for all violations involving zoning, fire safety or public health and sanitation, including dumping or refuse, and shall be fined not more than five hundred dollars ($500) for all other violations of this ordinance Each day that a violation is permitted to exist shall constitute a separate offense. Section 3. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. Section 4. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. Section 5. The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. Section 6. The City Secretary of the City of Southlake is hereby directed to publish in the official newspaper of the City of Southlake, the caption, penalty clause, publication clause and effective date of this ordinance one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Section 7. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of any ordinances affecting Page 4 of 5 ADOPTED 08/18/09 the regulation and control of the use, occupancy, maintenance, repair, design, construction and quality of materials for buildings and structures within the City which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 8. This ordinance shall be in full force and effect from and after its passage and publication as required by law and not prior to September 1, 2009 and it is so ordained PASSED AND APPROVED ON FIRST READING THIS i~ DAY OF U , 2009. uasat~au,h~b m ~ MAYOR • ATTEST: . CITY SECRETARY PASSED AND APPROVED ON SECOND READING THIS _~&DAY OF f , 2009 , P.Vil if Kp. w' O~3 a' 4k a • •0re9 r., aYry~ 'fr MA OR n -C4 ATTEST: ®•P CITY SECRET Y A RO O AND LEGALITY: City 'Attorney q Date: l / /6/ EFFECTIVE: Date: "9512/ 24W Page 5 of 5 ADOPTED 08/18/09 INVOICE Preview_ Star -Telegram 400 W. 7TH STREET FORT WORTH, TX 76102 (817) 390-7761 Federal Tax ID 26-2674582 Bill To: CITY OF SOUTHLAKE 1400 MAIN ST STE 440 SOUTHLAKE, TX 76092-7604 Attn Attn: IRMA GONZALEZ Description' Legal Notices it CITY OF SOUTH- that a public hearing that be held on Au - CITY OF Notice is helreby given of the City Council by gust 18, 2009, at 5:30 p.m. or immediate) of the City of following the Wor k Session, during the Southlake, Texas, Sales Disc Regular City Council to be held _ _.__ meeting in the City Council Chambers of Town Hall, 1400 Main Mlsc Fee Street, Southlake, Texas. Purpose of the public hearing is to consider the sec - and reading of -the EN REGULATIONS; PROVIDING A PEN- ALTY CLAUSE; PROVIDING A CU- MULATIVE CLAUSE; PROVIDING A S E V E R I B I L I T Y CLAUSE; PROVID- ING A SAVINGS CLAUSE; PROVID- ING FOR PUBLIGA- TION IN PAMPHLET FORM; PROVIDING FOR PUBLICATON IN THE OFFICIAL THE STATE OF TEXAS County of Tarrant 0 1 Customer ID: CIT57 Invoice Number: 305936221 Invoice Date: Terms: Due Date: PO Number: Order Number: Sales Rep: Description: Publication Date 80 80 LINE �_F V AUG - 7 2009 Net Amount: Y�AAA a. .. s�I.A�aIJa���YV�V�V �t,Ry P x° C HRISTY L. HOLLAND My Commission Expires July 31, 2012 7/31/2009 Net due in 21 days 7/31/2009 20900115-000 30593622 073 CITY OF SOUTHLA 7/31/2009 ate' Amount $0.81 $64.80 ($5.00) $5.00 $64.80 Before me, a NotaryPublic in � wno violates, ins - obeys, omits. ne- d State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for the Star Telegram, published l comply with lects or o ewho c. at Fort Worth, �Iblished in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of a any enforce- merit the in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 390-7501 provisions of this ordinance shall be fined not more than \ Two Thousand Dol- �ned lars ($ 2,000.00) for all violations in- - volving zoning, fire. SUBSCRIBED AND SWORN neait ann°d sanblac- Friday, July 31, 0 clamincluding dumping or refuse, and shall be fined not Mary Public more than five hun- dred dollars ($500)' for all other viola- tions of this ordi- nance. Each day that ' a violation is per- mitted to exist shall constitute a sepa- rate offense. Thank You For Your City of Southlake . Lori Payne City Secretary Remit To: Star -Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 305936221 Invoice Amount: $64.80 PO Number: 20900115-000 Amount Enclosed: INVOICE Print Star-Telegram D;, Customer ID: C1T57 400 W. 7TH STREET sEP ' d 2� Invoice Number: 306273541 FORT WORTH,TX 76102 CEUt„NP�I �l F1 (817)390-7761 Invoice Date: 8/21/2009 Federal Tax ID 26-2674582 Terms: Net due in 21 days Due Date: 8/31/2009 Bill To: PO Number: NO PO CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 30627354 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn:Attn:ACCOUNTS PAYABLE Publication Date: 8/21/2009 CITY OF CITY OF SOL ORDINANCE No ,0,ONCE NO 13580 1 65 65 LINE $0.81 $52.65 AN ORDINANCE AMENQING SOUTH- Sales Discoun, LAKE ITY COE, t CHAPTER 5 ARTICLE ($5.00) IV, THE CONTRAC- TOR REGISTRATION REGULATIONS; {�"�"'�yy' �4r ,`}y Misc Fee PROVIDINGA CLAUSE; R E k.... E i `�E $5.00 PROVIDING A CU- MULATIVE CLAUSE; PROVIDING A SEVERIBILITY CLAUSE; PROVID- (�, 2009 ING A SAVINGS CLAUSE; PROVID- SEP 1 Net Amount: $52.65 ING FOR PUBLICA- TION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION T IN THE OFFICIAL ¢{ !�P'yrlf^F f^.,,F '�i`}�/ `�l.i��� Y PROVIDING ANA Vi ` ��� �! L'1! 1 u'� ffllll�� EF- FECTIVE DATE. Section 2.Any person, firm or corporation who violates, dis- obeys, omits. ne- Ik`e Po, glects or refuses to o % CHRISTY L.HOLLAND comply with or who a 1 `� MyCommission Expires resists the enforce- /�, ment of any of the July 31,2012 a y provisions of this 4�FOF ordinance shall be fined not more than ^^^^^•m THE STATE I Two(Thousand h$ 2 usa d Dol- lars - County of Ta all violations in- volving zoning, fire safety or public Before me,a Yonith andincludi s r said County and State,this day personally appeared Deborah Baylor Norwood,Bid and Legal Coordinator for the Star-Teleg dumping or refuse,Star-Telegram,Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly swum,did depose and say that the attach] mo e thane five hunt rtisement was publish in the above named paper on the listed dates:BIDS&LEGAL DEPT. STAR TELEGRAM deed dollars ($500) (817)390-750 for all other viola- tions of this ordi- nance.Each day that �--� a violation is per- Signed \--\ 1/4\-b \sJ mitted to exist shall g Constitute a sepa- SUBSCRIBE PASSEDfe AND AP- FORE ME,THIS Tuesday Au1 2009. PROVED THIS THE 18th DAY OF AU- THETREGULAR CIDURING TY Notary Publi 2 COUNCIL MEETING. (....) MAYOR: John Terrell ATTEST: Lori Payne, City Secretary _ Thank You For Your Payment Remit To: Star-Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 306273541 Invoice Amount: $52.65 PO Number: NO PO Amount Enclosed: