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0568 ORDINANCE NO. 568 AN ORDINANCE PROVIDING FOR REGISTRATION OF CONTRACTORS ENGAGED IN CONSTRUCTION WORK~ PROVIDING DEFINITIONS~ REQUIRING INFORMATION FOR APPLICATION~ REQUIRING CERTAIN LICENSES; PROVIDING FOR A FEE~ PROVIDING FOR THE WITB]{OLDING OF PERMITS~ PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES~ PROVIDING A SEVERABILITY CLAUSE~ PROVIDING FOR A PENALTY FOR VIOLATIONS~ PROVIDING FOR PUBLICATION IN PAMPHLET FORM~ PROVIDING FOR PUBLICATION IN THE 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 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; 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 City officials an avenue to keep the contractors updated on changes in laws and regulations applicable to construction work within the city; NOWt THEREFORE t BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: 1. Title. This ordinance shall be known as the SECTION contractor's licensing ordinance. SECTION 2. Definitions. In this ordinance: (a) CITY means the City of Southlake, Texas. - 1 - (b) CONTRACTOR means a person, firm, association, or corporation that performs 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 contractor also includes a subcontractor who is required to obtain a permit before performing work. (c) ELECTRICAL CONTRACTOR means a contractor who performs work subject to regulation under the National Electrical Code as published by the National Fire Protection Association and adopted by the City. (d) IRRIGATION CONTRACTOR means a contractor who performs work as an irrigator as defined in Section 34.001, Texas Water Code. (e) MECHANICAL CONTRACTOR means an air conditioning and refrigeration contractor as defined in Article 8861, Vernon's Texas Civil Statutes. (f) PLUMBING CONTRACTOR means a contractor who performs work on plumbing as defined in Article 6243-101, Vernon's Texas Civil Statutes. SECTION 3. register with the within the City. from the date of renewal must be on a contain the following Registration Required. Ail contractors must City building official before performing work This registration shall be valid for one year issuance. Application form provided by the information: for registration and building official and - 2 - full name of person seeking registration and any assumed (a) name under which the person does business; (b) permanent business or residential address; (c) business and residential telephone numbers; (d) proof of license as required in Section 4 and a all licensed employees; and (e) other information determined by the building official to be necessary to identify or locate the contractor. SECTION 4. Required Licenses. (a) Before the building official may approve registration for an irrigation, mechanical, or plumbing contractor, the contractor must show proof of a current state license authorizing the contractor to practice his or her trade in this state as an irrigator, air conditioning and refrigeration contractor, or plumber. (b) Before the building official may approve registration for an electrical contractor, the contractor must show proof of a current license as a master electrician from an incorporated city within the state that administers an examination for the licensing of electricians. SECTION 5. Fee. Contractors must 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. SECTION 6. 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. SECTION 7. Cumulative Clause. This ordinance shall be cumulative of all provisions of ordinances of the City of list of - 3 - 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 S. Sever~bility 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 9. 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 10. 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. - 4 - SECTION 11. 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 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 12. 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. PASSED AND APPROVED ON FIRST READING 0 THIS DAY OF 4... . A , 1992. ,. 'OR 1 kAT EST/:� � A / 1 ITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS /j DAY OF AUe , 1992. _ R AT ,EST: if , /I' / ill ' ' ITY SECRETARY - 5 - r ' APPROVED AS TO FORM AND LEGALITY: k0,04,-- City Attorney Date: ! t 4- rt- ADOPTED: f-/5----/ 'z-) EFFECTIVE: 9 - /c - ,-2__J a:sl\contractor.ord - 6 - Fort Worth tarTeIegram • 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 "**INVOICE/A^^IDAVITA"*INVOICE/A.^=IDA IT"* STATE OF TEXAS Anty of Tarrant Before me , a Notary Public in and for said County and State , this day personally appeared CAL RIf,FY Billing Specialist for the Fort Worth 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 INVOICE NO. DESCRIPTION AD SIZE TOTAL RATE AMOUNT SEP 18 6940737 CL . 358 1X57 L 57 . 40 22 . 80 ORDINANCE NO.568 Sept 18 AN ORDINANCE PRO- P . O . # 568 VIDING FOR REGIS- TRATION OF CON- TRACTORS ENGAGED IN CONSTRUCTION WORK- PROVIDING DEFIf4ITIONS• RE- QUIRING INFORMA- TION FOR APPLICA- TION REQUIRING PROVIIDINGCFORESA FEE;PROVIDING FOR THE WITHHOLDING OF PERMITS;PROVID- ING THAT THIS ORDI- NANCE SHALL BE CU- MULATIVE OF ALL ORDINANCES PRO- VIDING ............ .............. ASEVLRABIL- ITY CLAUSE PROVID- I NGFOV IO LATIONS SIGNED ATIONINR AM= kND SWORN TO BEFORE ME , THIS TH 122ND D Y F SE- 'li I: , 1992 .ET FORM; PRO- I FOR JLICATION IN THE NOTARY PUBLI Ck _ \ OFFICIAL NEWSPA- PER;AND PROVIDING AN EFFECTIVE DATE. SECTION 9. Penalty TARRANT COUNTY, TEXAS Clause.Any person,firm or corporation who violates,di- sobeys,omits,neglects or re- 11.��.�4ti.�_.:e.;i-®,•per,., fuses to conp ri with or whp ���av P��, „... 1.0 reslststheenforcementofanyy OAP.•••••.,GB�t of the provisions of this ordl- -- _... _.. �?:'• ••(^/, W- R N..�..SPENCER _... _. Hance shall be fined not more '� than Two Thousand Dollars P ,��%COMMISSION EXPIRES 152erd2T for each offense. lip.. ; EEach day that a violation is ����•. .•P. ppeermlttedtoexist shall consti- ...__..._.. ... PA a separate offense. ��\Fh0-PASSED ANDAPPROVED INSECONDREADINGTHISTHE 1992. OF SEPTEM (Altil:Pla_7""BER,1992.Maro r kSouthlake —TEAR ALIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT ATTEST: Sandra L.LeGrand, City Secretary Approved as to form: E.Allen City Attorney REMIT TO : 400 W. SEVENTH, FW, TX 76102 Cliv Attorney y� y�qo�y p� �W Fort WorthStar-TelegramACCOUNT AMOUNT 94073 NUMBER CIT57 DUE 22 . 80 �� PAGE 1oF 1 CITY OF SOUTHLAKE ORIGINAL 667 N CARROLL AVE PLEASE PAY 22 . 80 SOUTHLAKE TX 76092-8898 THIS AMOUNT ATTN : SANDY LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 THE STATE OF TEXAS ounty of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared CAL RII,RY Billing Specialist for the Fort Worth 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 INVOICE NO. DESCRIPTION AD SIZE TOTAL RATE AMOUNT INC , SEP 04 6933412 CL • 358 1X65 L 65 . 40 26 . 00 Sept 4 NOTICE OF p PUBLIC HEARING .-........ Interested NOTICE Ti Ishere hereby ttho all P• 0 # 568 ty Council of the City of South- lake,Texas,will hold a public hearing during the Regular 'City held onouncil Septemberting to 1992,a 7:00p.m. 5 CarroeCAvenity e. 667 North Carroll Avenue, .... .-- ...... ............. ............._. .... .............. .................. . . ... Southlake,Texas. Purpose of the hearing is to consider the secondreadingof the following ordinance: - - - - ORDINANCE NO.S66 AN ORDINANCE PRO- VIDING FOR REGIS- TRATION OF CON- TRACTORS ENGAGED "" IN CONSTRUCTION WORK PROVIDING DEFINITIONS RE- SIGNED QUIRING INFORMA- TION `D SWORN TO BEFORE ME , THIS E F SEPi�' �92 TION FOR APPLICA- TION; REQUIRING ��F CERTAIN LICENSES.; NOTARY PUBIC PROVIDING FOR R THEE WIOTHIHOLDFNG \\.a .___.,...._\\Nt ' OF PERMITS;PROVID- ING "���� �lV�` THAT THIS ORDI- „ �� ��,o TEXAS NANCE SHALL BE CU- 41 �"`� TARRANT COUNTY, MULATIVE OF ALL (1)4,4.: �^�/-KATHRtHf-�.- n -- ORDINANCES PRO- �����Y f VIDINGASEV�RABIL- �"cKAo SIOfJ EXPIRES ITY CLAUSE PROVID- h LNG FORA PENALTY FOR VIOLATIONS; � P. JANUARI CO, 1995 PROVIDING FOR PUB- 'AA. LIGATION IN PAM- PHLET FORM;VIDING FOR PUBLICATION IN THE OFFICIAL NEWSPA- ANEFF AND PROVIDING ATE. ANEFFECTIVcDATE. -- Section 9.Penalty Clause. Any person,firm or corpora-FEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT-�, tion who violates, disobeys, omits neglects or refuses tot iststhe comply of any r who of the pro- visions of thisordinance shall Thou fined more (than Two REMIT TO : 400 W • SEVENTH, FW, TX 76102 for each offense. Each day that a violation Is permitted to exist shall constitute a sepa- FEMI.T-70: r. O�rate offense. RXXX)X X'� X01-2051 City of Fus%ake Star-Telegram Cit 9 ,.4� \ ACCOUNT AMOUNT NUMBER CIT57 DUE 26 . 00 4� i " e t PAGE 1OF 1 CITY OF SOUTHLAKE ORIGINAL 667 N C A R R O L L A V E PLEASE PAY 26 . 00 SOUTHLAKE TX 76092-8898 THIS AMOUNT ► ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED