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0643(2)ORDINANCE NO. ~ AN ORDINANCE AMENDING ORDINANCE NO. 568, AS AMENDED, THE CONTRACTOR'S REGISTRATION ORDINANCE, BY PROVIDING FOR REGISTRATION REVOCATION UNDER CERTAIN CIRCUMSTANCES; AMENDING ORDINANCE NO. 622, CREATING THE BUILDING BOARD OF APPEALS, BY AUTHORIZING THE BOARD TO HEAR APPEALS REGARDING REVOCATION OF CONTRACTOR'S REGISTRATION; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABIL1TY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN ~TdE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter 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 determines 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 contractors who are registered with the city must maintain certain standards. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: f: \ fil~s\slake~ordinanc\license. O02 (07-12-95) SECTION 1. ORDINANCE NO. 568 AMENDED Section 6 of Ordinance No. 568, as amended, is hereby amended to read as follows: "Section 6. (a) Issuance of Permits. The building official shall not issue a permit to a contractor or for work to be done by a contractor who is not currently registered with the city. (b) Suspension of Registration. 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 prior to the expiration of the permit; or (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; or (3) The contractor has been found by the Building Official to have been grossly negligent in the performance of his work; or (4) The expiration, suspension or revocation of any license required by Section 4. (c) 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; or (2) Overrule the suspension and reinstate the registration of the contractor; or (3) Affirm the suspension, but waive any or all of the reinstatement requirements set forth in subsection (d) below; or f:\files\slake\ordinanc\license.002 (07-12-95) 2 (4) Affirm the suspension and require conditions for reinstatement in addition to those set forth in subsection (d) below, including, but not limited to, prohibiting reinstatement for up to six (6) months. (d) Reinstatement of Registration. A contractor whose registration has been suspended may reapply for registration if: (1) corrected; (3) (4) All circumstances leading to the suspension have been The contractor reapplies for registration; The registration fee is paid; and Any additional conditions set by the Board pursuant to Section (c)(4) above have been met." SECTION 2. ORDINANCE NO. 622 AMENDED Section 5 of Ordinance No. 622 is hereby amended by adding subsection (c) to read as follows: "(c) The Board shall also have the authority to hear appeals of the Building Official's actions regarding the suspension of a contractor's registration as provided in Ordinance No. 568, as amended." SECTION 3. CUMULATIVE CLAUSE 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. f: \til~\slakc\ordinanc\license. O02 (0%12-95) 3 SECTION 4. SEVERABIL1TY CLAUSE 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. PENALTY CLAUSE 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 each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6. SAVINGS CLAUSE All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 568 or any other ordinances affecting license requirements 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 f:\file~\slake\ordinanc\license.O02 (07-12-95) 4 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 7. PAMPHLET FORM PUBLICATION CLAUSE 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 8. NEWSPAPER PUBLICATION CLAUSE The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper 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 9. EFFECTIVE DATE CLAUSE This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. f: \ file~ \slake\ordinanc~license.002 (07-12-95) 5 PASSED AND APPROVED ON FIRST READING ON THIS DAY OF ]~.~ 1995. .4:;:-. "', PASSED AND APPROVED ON SECOND READING ON TltIS ~DAY OF ~ , 1995. APPROVED AS TO FORM AND LEGALITY: City Attorney f:\files\slak¢\ordinanc\license.002 (0742-95) 6 Star-Telegram F tU. I.U. INV. LL 3l4tSLb4 AD ORDER NO. 10223921 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C ITS? THE STATE OF TEXAS ounty of Tarrant before me, a Notary Public in and for said County and State, this day personally appeared TAMMIE BRYANT Billing Specialist for the Star-Telegram, published by the Star-Telegram Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates: DATE AD ORDER NO. DESCRIPTION AD SIZE TOTAL NCH/LINE RATE AMOUNT 12/06M: 1022392 ORDINANCE NO. 64 I358 lx 47L 47 . 66 31 . 02 ORDINANCE NO.643 12/06-12/06 AN ORDINANCE REQUIRING REGISTRATION OF DOOR-TO- DOOR SOLICITORS;REI UIR- ING IDENTIFICATION BADG ES; PROVIDING REGULA- TIONS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDI- NANCES PROVIDING A SEV- ERABILITY CLAUSE'PROVID- ING A PENALTY FOR VIOLA- TIONS HEREOF; PROVIDING A SAVING-' CLAUSE. PRO- VIDING FCT+t PUBLICATION IN PAMPHLET FORM; PROVID- ING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFEC- TIVE DATE. SECTION16. '- Penalty Clause Any person,Pam or corpora- tion who violates,disobeys, omits,neglectsor refuses to S I . : comply with or who resists the enforcement of any of- Sf the provisions of this ordi- 1 morenthan$500foreachtof- ;WORN TO BEFORE ME THIS THE loth— DAY OF DECENiRRR , 1 9 fense.Each day that aviola- A., ,,. ;"...,aw,...�-�.d tion is permitted to exist ��. shall constitute a separate ;.►,!T•!,f%+, r p_ I _ PASSED AND APPROVED ?: � ,,, kNONIT'A R. GOKE p Notary Public .Y\�1�11,C�. THIS THE 5TH DAY OF NO- ; ,'••¢ COMM MBER EXPIRES e VEMBER,1996 DURING 4,,• »f THE REGULAR CITY COUN- Y.. /\•+�f SEPTEMBER 8, 1999 � CIL MEETING OF THE CITY �4?1t.`.•`E ±e TARRANT COUNTY,TEXAS OF SOUTHLAKyE� TEXAS; /s/RicATTEST:Mayor /s/SCn�Yd a L.L eryrand, F APPROVED AS TO FORM: ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! /s/E.Allen Taylor,Jr., City Attorney ♦-----TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT�j r, .. - - • 1 --A J tar-Tele ram REMIT TO: 01110. 400 W. SEVENTH ST. •FORT WORTH,TEXAS 76102 10223921 ACCOUNNUMBER CIT57 AMOUNT 31. 02 PAGE 1 OF 1 IF ANY QUESTIONS, PLEASE CALL(817)390-7885 CITY OF SOUTHLAKE 667 N CARROLL AVE SOUTHLAKE , TX 76092-9595 PLEASE PAY 31 . 02 THIS AMOUNT ► PLEASE WRITE IN AMOUNT ENCLOSED FED. I.D. NO. 22-3148254 10080928 Star-Telegram AD ORDER NO. 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. CI T 5 7 TIE STATE OF TEXAS unty of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared TAMMIE BRYANT Billing Specialist for the Star-Telegram, published by the Star-Telegram Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates: DATE AD ORDER NO. DESCRIPTION AD SIZE CH/AL RATE AMOUNT NCH/LINE 11/08ME 1008092 NOTICE OF PUBLIC I358 1x 50L 50 . 66 33 .00 NOTICE OF PUBLIC HEARING 11/08-11/!;8 NOTICE IS HEREBY GIVEN to all interested persons that the City COuncil of the City of Southlake, Texas, will be holding a public hearing dur-: ing the Regular City Council Meeting to be held on No- vember -.... _... _..... ...... _.... 5, 1996 at 6:00 p.m. in the City Council Chambers of City Hall 667 North Carroll Avenue,S�Outh- lake,Texas. _.... __.. _._.. _... -._. Purpose of the hearing is to consider the second reading of the following ordinance: ORDINANCE NO.643 AN ORDINANCE REQUIRING REGISTRATION OF DOOR TO DOOR SOLICITORS;REQUIR- ING IDENTIFICATION BADG- ES; PROVIDING REGULA- TIONS PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE ALL OVID- ).„..._._3:N. NANCES-PROVIDING A SEV- ' ',IG A E CLAUSE,FOR VIOLA. ED � JG A PENALTY FOR VIOLA- IONS,- PROVIDING FOR •UBLICATION IN PAMPHLET ORM PROVIDING FOR PUB- S ICIAL N WSPAPER, AN IN ND PROUD- SWORN TO BEFORE ME, THIS THE 11th DAY OF NOVEMBER , 96 ING AN EFFECTIVE DATE. SECTION 17. Penalty Clause Any person, firm or corpora- `vf.9 Notary Public lion who violates, disobeys,:tit""'Gea�h RHONDA R. GOKE a omits, neglects or refuses r2/ I '• r sito complyy with or who re- - '`I'.� COMMISSION EXPIRES sists the enforcement of anyI of the provisions of this oral- ., �\ %� 0 TARRANT COUNTY,TEXAS nance shall be fined not+,y-- :�}'' SEPTEMBER 8, 1999 more than 5500 for each of-Icy;,, .'_ ,Q1 fense.Each day that a viola- tion is permitted to exist shall constitute a separate andr Southlake _� ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! 1 Sandra L.LeGrand A-----TEAR ALONG T S PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT-Il. eXtAl Star-"I'elegrain REMIT TO: NO. 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 10080928 ACCOUNT CIT57 AMOUNT 33.00 NUMBER DUE PAGE 1 01 IF ANY QUESTIONS, PLEASE CALL(817)390-7885 F CITY OF SOUTHLAKE 667 N CARROLL AVE SOUTHLAKE , TX 76092-9595 33 .00 1 PLEASE PAY THIS AMOUNT , PLEASE WRITE IN AMOUNT ENCLOSED