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HomeMy Public PortalAboutOrdinance No. 976-03 12-09-2003 • ORDINANCE NO. g76-03 AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS DELETING SUBSECTION 14-35 (c) OF THE CITY CODE FOR THE PURPOSE OF ELIMINATING THE REQUIREMENT THAT CONTRACTORS PROVIDE EVIDENCE OF LIABILITY INSURANCE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATION; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Richland Hills 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 for the City of Richland Hills, Texas recently enacted an ordinance providing certain registration requirements for contractors as a prerequisite to obtaining a building permit; and WHEREAS, the City Council has determined that the requirement that contractors obtain liability insurance imposes an unreasonable burden on smaller contractors and contractors who do not perform a high volume of work within the City, especially since such an insurance requirement • is not uniformly imposed throughout the region; NOW, THEREFORE, BE IT ORDAINED BY THE CITY ~'OUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. DELETION OF SUBSECTION 14-35 (c) Sub-section (c) of Section 14-35 of Chapter 14 of the Richland Hills City Code is hereby deleted, and the subsequent subsections of such section shall be renumbered accordingly. SECTION 2. PROVISIONS CUMULATIVE This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Richland Ilills, Texas, as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed. • • SECTION 3. PROVISIONS SEVERABLE 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 4. RIGHTS AND REMEDIES SAVED All rights and remedies of the City are expressly saved as to any and all violations of the provisions of the City Code amended or revised herein, or any other ordinances affecting the matters regulated herein 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 5. • PUBLICATION The City Secretary of the City of Richland Hills is directed to publish the caption, penalty clause, publication clause and effective date of this Ordinance to the extent required by law. SECTION 6. PUBLICATION IN BOOK OR PAMPHLET FORM The City Secretary of the City of Richland Hills is hereby authorized to publish this ordinance and the exhibits to this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance and the exhibits to this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 7. PENALTY FOR VIOLATION 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 no more than Five Hundred Dollars ($500.00) for violation of this Ordinance. Each day that a violation is permitted to exist shall constitute a separate offense. ORDINANCE DELETING SUBSECTION 14-35 (c) REGARDING COM1TRACTOR INSURANCE REQUIREMENTS Page 2 W:ARichland Hills\Ordinance~Deletion of Subsection 14-35 (c) regarding contractor insurance requirement.wpd • SECTION 8. EFFECTIVE DATE 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. V-G~ PASSED AND ~PPR©u~D ON THIS ~ DAY OF C.~.~i~ , 2003. - i.• r TH HONORABLE NELDA STRODER, MAYOR ATTEST: ~ TERRI WILLIS, CITY SECRETARY EFFECTIVE DAT ! U/ ~ 7/J03 • APP OVED S O FORM AND LEGALITY: /~-n-... TIM G. SRALLA, CITY ATTORNEY ORDINANCE DELETING SUBSECTION 14-35 (c) REGARDING CONTRACTOR INSURANCE REQUIREMENTS Page 3 W:ARichland Hills\OrdinanceADeletion of Subsection 14-35 (c) regarding contractor insurance reyuirement.wpd