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HomeMy WebLinkAboutOrdinance 96804 , w ~ ~ ' ' r ORDINANCE N0. _~~ AN ORDINANCE AMENDING SECTIONS 33-11 AND 33-14 OF CHAPTER 33, "ST REETS AND SIDEWALKS", OF THE CODE OF THE CITY OF FORT WORTH, REGARDING BOND AMOUNTS AND BOND CONDI- TIONS FOR PARKWAY AND STREET AND STORM DRAIN CONTRACTORS; MAKING THIS ORDINANCE CUMULATIVE AND REPEALING ALL ORDI- NANCES IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PRO- VIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS SECT ION 1 . That the first paragraph of Section 33-11 of Chapter 33 of the Code of the City of Fort Worth (1964), as amended, is further amended to read as follows: "The license required by the preceding section shall be issued and approved by the Director of Public Works. Before the issuance of same, the applicant shall file in the office of the Director of Public Works a statement of his qualifications, together with a surety company bond of Ten Thousand Dollars ($10,000), conditioned that the applicant will indemnify and save harmless the City and any person, firm or corporation with whom such applicant may contract to perform work from any and all damage of every character arising from, or caused directly or indirectly by any negligence in the performance of such work, and for any .imperfect or inadequate work done by the applicant, and that applicant will maintain such work in a good and workmanlike state of repair for and during a period of 'two (2) years from and after its completion and acceptance by the city. Such statement of qualifications approved by the director of public works, together with bond, license number and date of issuance, shall be filed by the Director of Public Works ,with the City Secretary." SECTION 2. T hat the first paragraph of Section 33-14 of Chapter 33 of the Code of the City of Fort Worth (1964), as amended is further amended to read as follows: - m ~~ . ~ Y v ~.~ ~ "The license required by the preceding section shall be issued and approved by the Director of Public Works. Before the issuance of same, the applicant shall file in the office of the Director of Public Works a detailed statement of the applicant's qualifications, together with a surety company bond in the amount of Twenty-five Thousand Dollars ($25,000), conditioned that the applicant will indemnify and save harmless the City and any person, firm or corporation with whom such applicant may contract to perform work from any and all damages of any character arising from or caused directly or indirectly by any negligence in the performance of such work, and for any imperfect or inadequate work done by the applicant and that applicant will maintain such work in a good and workmanlike manner and state of repair for a period of two years from and after its completion and acceptance by the City. Such statement of qualifications approved by the Director of Public Works, together with bond., license number and date of issuance, shall be filed by the Director or Public Works with the City Secretary.." SECT ION 3 . This ordinance shall be cumulative of all provisions of ordi- nances and of the Code of the City of Fort Worth, Texas (1964), 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 conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 4. 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 unconstitu- tional 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 -2- m r :;: ,~ 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 Fort Worth is hereby directed to engross and enroll this ordinance by copying the caption and Sections 1, 2 and 6 in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. SECTION 6. This ordinance shall take effect and be in full force and effect from and after its passage, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED• EFFECTIVE : ~7/~Z~~~ -3- _ ,/ MAS~tER FE1E 1V 1 •' . pCCOUNTiNO.2 SRAN&f'_ORZATIONjPU6LEGlNOft '~' ~ IL7/ ® U ~LW~~ ~~ (I/iL U ((iLL/ (li~ ~®~0 /l lV (LlV U 1{i~LL/I{..l(/~ (l/®~ HALER ADMINIS'TRATlcifl ~ LAYLr1; DATE REFERENCE NUMBER. SUBJECT PROPOSED CHAPTER 33 REVISIONS, STREETS PAGE 1 7/ 22/86 **G-6739 AND SIDEWALK SECTIONS 33-11 A D 1of RECOMMENDATION It is recommended that the City Council adopt the attached ordinance amending Sections 33-11 and 33-14 of Chapter 33, "Streets and Sidewalks" of the Code of , the City of Fort Worth, Texas. BACKGROUND The ;proposed amendment to Section 33-11 increases the amount of the surety bond as required therein from $2,500 to $10,000 in order to conform to the amount as required in Section 33-10. Likewise, the proposed amendment to Section 33-14 increases the amount of the surety bond as required therein from $5,000 to $25,.000 in order to conform to the amount as required in Section 33-13. Further, these amendments will require the contractor to "indemnify and save harmless the City and any person, firm or corporation with whom the applicant may contract to perform work from any and a 1 amage o every character arising - from or caused directly or indirectly by any negligence in the performance of such work, and for any imperfect or inadequate work done by the applicant". DAI:Iuu Attachment AP~Ra~~© G 1~. ~1~- ~®~~ ~~~ e il Wow'" ~eX6o C~tY o 4 ro City c SUBMITTED FOR l H CITY MANAGER'S DISPOSITION BY COUNCIL. PROCESSED .BY OFFICE 8Y ^ APPROVED ORIGINATING DEPARTMENT HEAD: W. WQQd C OTHER (DESCRIBE) CITY SECRETARY FOR ADbITIONAI INFORMpiI~~ Stienberger 7615 CONTACT UUdd Adopted Ordinance Edo. DATE