HomeMy Public PortalAboutOrdinance No. 594-89 02-13-1989 ORDINANCE NO. 5 9 4
AN ORDINANCE AMENDING SUBSECTION B, 'BONDING
AND WARRANTY" OF SECTION 8, "CUTTING, REPAIRING
AND CONSTRUCTION OF STREETS" OF CHAPTER 3,
"BUILDING REGULATIONS" OF THE CODE OF
ORDINANCES, CITY OF RICHLAND HILLS, TEXAS,
REDUCING THE WARRANTY PERIOD ON CUTTING AND
CONSTRUCTION OF STREETS TO ONE YEAR; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the current ordinances of the City of Richland Hills, Texas require a
bond and two year warranty for construction of streets in the City; and
WHEREAS, the City Council has found that the imposition of such two-year
warranty constitutes an unreasonable impediment to construction of streets in the
City; and
WHEREAS, the City Council finds it is in the best interests of the citizens of
Richland Hills and in promotion of the health, safety and general welfare of such
citizens to encourage street construction in the City.
. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
Richland Hills, Texas:
I.
That Subsection B, "Bonding and Warranty" of Section 8 of Chapter 3,
"BUILDING REGULATIONS" of the Code of Ordinances, City of Richland Hills,
Texas, as amended, be hereby amended to hereafter be and read as follows:
B. BONDING AND WARRANTY
No person, firm or corporation or any of their agents, servants, or
employees shall cut and construct any street in the City of Richland
Hills without executing and delivering to the City of Richland Hills,
Texas, a good and sufficient corporate surety bond executed by a
surety company authorized to do business in the State of Texas for
an amount equal to one-half (1/2) the cost of cutting and
constructing said street which bond shall be conditioned as follows:
said bond shall be conditioned that all work done in the cutting and
construction of any street shall be done in a good and workmanlike
manner and that such person, firm, or corporation shall faithfully
and strictly comply with the specifications and with the terms of
ORDINANCE NO. 5 9 4 Page 1
• this section and such other ordinances, regulations, or resolutions
that may be passed by the governing body governing and relating to
the construction and cutting of streets in the City of Richland Hills
and that the City of Richland Hills shall be fully indemnified and be
held harmless from any and all costs, expenses or damages on
account of any injury done to any person or property in the
prosecution of said work, or that may arise out of or be occasioned
by the performance of said work; said bond shall be conditioned
further that the said person, firm, or corporation shall without
additional cost to the City maintain all streets so constructed by
said person, firm, or corporation for a period of one (1) year from
the date of the completion of said construction to the satisfaction of
the City of Richland Hills and shall repair or reconstruct said streets
at any time within one (1) year after said streets have been
constructed, after ten (10) days notice from the City, or its
authorized agent or employee that the said street has been in a state
of disrepair and that such defects were a result of the failure of said
person, firm, or corporation to comply with the provisions of the
ordinances, rules, and regulations of the City. The following
specifications are hereby adopted as minimum paving standards.
II.
SEVERABILITY CLAUSE. That it is hereby declared to be the intention of
the City Council that the sections, paragraphs, sentences, clauses and phrases
• of this ordinance are severable, and if any phrase, clause, sentence, paragraph
or section of this ordinance shall be declared invalid or unconstitutional by the
valid judgment or decree of any court of competent jurisdiction, such invalidity
or 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 invalid or unconstitutional phrase, clause, sentence,
paragraph or section.
III.
SAVINGS CLAUSE. That Chapter 3 of the Code of Ordinances, City of
Richland Hills, Texas, as amended, shall remain in full force and effect, save
and except as amended by this ordinance.
1V.
EFFECTIVE DATE. This ordinance shall be in full force and effect from
and after its passage and publication as provided by the Richland Hills City
Charter and the laws of the State of Texas.
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ORDINANCE NO. 5 9 4 Page 2
• PRESENTED, GIVEN FIRST READING AND APP~,t~VED at a regular meeting of
the Richland Hills City Council on the 13tl~lay of a 1989; by a vote of 5
ayes, ~ nays and 0 abstentions.
APPROVED:
uJ. v~:~, J
~
W. H. (Bill) Vincent, Jr., Mayor
ATTEST:
~I~
Pauline Kempe, City S retary
~P~OVE AS TO FORM:
Paul F. Wi neskie, City Attorney
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ORDINANCE NO. 5 9 4 Page 3