HomeMy WebLinkAboutOrdinance 19977-11-2011ORDINANCE NO. 19977 -11 -2011
AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT WORTH,
TEXAS, (1986), AS AMENDED, REVISING THE MEANS BY WHICH
CERTAIN CONTRACTORS PROVIDE BONDS TO THE CITY BY
AMENDING CHAPTER 30 "STREETS AND SIDEWALKS ", ARTICLE I "IN
GENERAL ", SECTIONS 30 -14 "PAINTING HOUSE NUMBERS ON CURBS
OR DRIVEWAYS- LICENSE AND BOND REQUIRED; LICENSE FEE;
PERMISSION FROM PROPERTY OWNERS" AND 30 -15 "SAME -
APPLICATION; TERM, DISPLAY AND REVOCATION OF LICENSE;
AMOUNT AND TERM OF BOND; STATEMENT OF QUALIFICATIONS ";
CHAPTER 30 "STREETS AND SIDEWALKS ", ARTICLE 11 "PARKWAY
CONTRACTORS ", SECTION 30 -33 "LICENSE APPLICATION; REQUIRED
INFORMATION; CONDITIONS "; AND CHAPTER 30 "STREETS AND
SIDEWALKS ", ARTICLE III "STREET AND STORM DRAIN
CONTRACTORS ", SECTION 30 -53 "SAME- LICENSE APPLICATION;
REQUIRED INFORMATION; CONDITIONS "; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE; PROVIDING FOR A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1.
A. Chapter 30 "Streets and Sidewalks ", Article I "In General ", Section 30 -14
"Painting House Numbers on Curbs or Driveways- License and Bond Required; License
Fee; Permission from Property Owners" is hereby amended so that such Section shall
hereafter read as follows:
It shall be unlawful for any person to paint or print any house number or
street address on any curb or driveway approach within the city without
first having obtained, from the city's department of transportation and
public works, a license to do such work, having made and executed a bond
to the city in the sum of five hundred dollars ($500.00), having paid a
license fee of twenty -five dollars ($25.00) and having obtained from the
owner, lessee or other person responsible for the premises written
permission and approval, which shall state the price to be paid, both to
paint or print the number of the curb or driveway approach and to
obliterate, mark out, damage or otherwise remove any existing markings
on the curb.
B. Chapter 30 "Streets and Sidewalks ", Article I "In General ", Section 30 -15 "Same -
Application; Term, Display And Revocation Of License; Amount And Term Of Bond;
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Ordinance No. 19977-11-2011
Statement Of Qualifications" is hereby amended so that such Section shall hereafter read
as follows:
(a) The license required by the preceding section shall be issued and approved
by the city's department of transportation and public works, which may
establish the size, type of letters, paint, and other particulars of the work to
be done. Before the issuance of such license, the applicant shall file in the
office of the city's department of transportation and public works a
statement of his qualifications, together with a surety company bond in the
penal sum of five hundred dollars ($500.00), conditioned that such
applicant will indemnify and save harmless the city from directly or
indirectly by any negligence in the doing of such work or for any imperfect
or inadequate work done by the applicant and further conditioned upon
compliance with the terms of section 30 -14 and this section. All such
bonds shall run for a period of one (1) year from date or until revoked as
hereinafter provided. A statement of qualifications approved by the city's
department of transportation and public works together with the bond,
license number and date of issuance, shall be maintained by the city's
department of transportation and public works.
(b) The applicant shall also state in his application for license, his place of
business and the name and address under which the business is to be
transacted. Each licensee shall notify the city's department of
transportation and public works immediately of any and every change of
address or style of his firm. Such license may be revoked by the city's
department of transportation and public works for violation by the licensee
of any provision of section 30 -14 or this section or for failure of the
licensee to have an approved bond in force at all times as aforesaid. All
such licenses shall run for a period of one (1) year from date or until
revoked as herein provided.
(c)
The licensee shall not permit the use of such license by any person not in
his employ, nor shall be sublet any work for which a license is issued to
him to any other person. The licensee shall have such license or a
photostatic copy thereof available on the job at all times, and same shall be
subject to inspection upon request.
SECTION 2.
Chapter 30 "Streets and Sidewalks ", Article 1I "Parkway Contractors ", Section 30 -33
"License Application; Required Information; Conditions ", is hereby amended so that such
Section shall hereafter read as follows:
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Ordinance No. 19977 -1 1 -201 1
(a)
(b)
(c)
(d)
(e)
The license required by the preceding section shall be issued and approved
by the director of transportation and public works. Before the issuance of
same, the applicant shall file in the office of the director of transportation
and public works a statement of his qualifications, together with a surety
company bond of ten thousand dollars ($10,000.00) 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 transportation and public works, together with bond, license
number and date of issuance, shall be maintained by the director of
transportation and public works.
The applicant shall also state in his application for a license his place of
business and the number under which the business is to be transacted, and
shall notify the director of transportation and public works immediately of
any and every change of address or style of his firm. All such bonds shall be
subject to the approval of the director of transportation and public works
and shall run for a period of one (1) year from date, or until revoked.
The licensee shall not permit the use of such license by any person not in his
employ, for the purpose of doing any work covered by the preceding section,
nor shall he sublet any work for which a license is issued to him to any other
person.
The licensee shall notify the director of transportation and public works of
the date on which he intends to start operations on any new work or contract.
The licensee shall stamp his name, together with the year in which the work
is completed, on each piece of work constructed by him with a stamp having
letters not less than one -half inch nor greater than one (1) inch in size, and
making an impression approximately one - eighth inch in depth.
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Ordinance No. 19977 -1 1 -201 1
SECTION 3.
Chapter 30 "Streets and Sidewalks ", Article III "Street and Storm Drain Contractors ",
Section 30 -53 "Same- License Application; Required Information; Conditions ", is hereby
amended so that such Section shall hereafter read as follows:
(a)
(b)
(c)
The license required by this article shall be issued and approved by the
director of transportation and public works. Before the issuance of same,
the applicant shall file in the office of the director of transportation and
public works a detailed statement of the applicant's qualifications, together
with a surety company bond in the amount of twenty -five thousand dollars
($25,000.00) 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 (2) years
from and after its completion and acceptance by the city. Such statement
of qualifications approved by the director of transportation and public
works, together with bond, license number and date of issuance, shall be
maintained by the director of transportation and public works.
The applicant shall also state in his application for a license his place of
business, the names of his associates in such business and the name and
address under which the business is to be transacted. Each licensee shall
notify the director of transportation and public works immediately of any
and every change of address or style of his firm. All such licenses shall be
in force from the date of issuance until revoked by the director of
transportation and public works as hereinafter provided. Such license may
be revoked by the director of transportation and public works for violation
by the licensee of any provision of this article, for failure of the licensee to
have approved bond in force at all times as aforesaid, or for failure of the
licensee to complete any specific work in conformity to the plans and
specifications for which any permit may be granted to licensee.
The licensee shall not permit the use of such license for any person, other
than his employees, for the purpose of doing any work covered by this
article, nor shall he subcontract to any other person any work for which a
license is issued to him.
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Ordinance No. 19977-11-2011
(d)
In addition to the license or bond required in this article, it shall be
unlawful for any person to lay, construct, build, repair, rebuild, grade,
gravel, pave, surface, resurface or do any work in or upon any public
street, alley or thoroughfare within the city without having first secured
from the director of transportation and public works a permit to do the
specific work contemplated. The licensee shall notify the director of
transportation and public works of the date on which he intends to
commence the work for which the permit is sought.
SECTION 4.
This ordinance shall be cumulative of all provisions of ordinances of the Code of the City of
Fort Worth, Texas (1986), 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 5.
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 void, ineffective or unconstitutional by the
valid judgment or decree of any court of competent jurisdiction, such voidness, ineffectiveness or
unconstitutionality shall not effect 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 void, ineffective or unconstitutional phrase, clause,
sentence, paragraph or section.
SECTION 6.
This ordinance shall take effect and be in full force and effect from and after its passage,
and it is so ordained.
AP OFORM AND LEGALITY:
1� t
City Attorney
M &C: G -17448
Date: 11. (t 11
ADOPTED: November 15.2011
EFFECTIVE:
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Ordinance No. 19977 -1 1 -201 1
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 11/15/2011 -Ordinance No. 19977 -11 -2011
DATE: Tuesday, November 15, 2011 REFERENCE NO.: G -17448
LOG NAME: 12CHAPTER 30 STREETS AND SIDEWALKS
SUBJECT:
Adopt an Ordinance Amending Certain Sections of the Code of the City of Fort Worth, Chapter 30 Streets
and Sidewalks, Articles I, II and III to Remove the Requirement that Certain Bonds be Approved by the City
Council and Filed with the City Secretary's Office (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending the Code of the City of
Fort Worth, Chapter 30 Streets and Sidewalks, Article I - In General, Sections 30 -14 painting house
numbers on curbs or driveways - license and bond required, license fee, permission from property owners
and 30 -15 same - application, term, display and revocation of license, amount and term of bond, Statement
of Qualifications; Article II Parkway Contractors, Section 30 -33 license application, required information,
conditions; and Article III Street and Storm Drain Contractors, Section 30 -53 same - license application,
required information, conditions revising the means by which certain contractor bonds are provided,
maintained and authorized.
DISCUSSION:
During routine review, the City Secretary and Transportation and Public Works Staff requested changes to
the manner in which these particular small -job bonds required of house number painters, street and storm
drain contractors and parkway contractors are provided, maintained and authorized. In its present form,
the City Code requires the City Secretary's Office to file the contractors' bonds, with the filing to be
performed by the Director of Public Works. In addition, some sections of the current code require the City
Council to approve the bonds. The amendments will remove the City Council approval of these small -
dollar- amount bonds and also eliminate the requirement for the Transportation and Public Works Director
to file the bonds with the City Secretary's Office. In the future, the bonds will be accepted and maintained
by the Transportation and Public Works Department. There is no change to the requirements for or
amounts of the bonds.
Adoption of the attached ordinance will authorize staff to implement the changes necessary to improve
efficiencies within the affected departments.
FISCAL INFORMATION / CERTIFICATION:
The Finance Management Services Director certifies that this action will have no material effect on City
funds.
FUND CENTERS:
TO Fund/Account/Centers FROM_Fund /Account/Cente_rs
CERTIFICATIONS:
Logname: 12CHAPTER 30 STREETS AND SIDEWALKS Page 1 of 2
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
Fernando Costa (6122)
Sarah Fullenwider (8006)
Doug Black (7615)
Logname: 12CHAPTER 30 STREETS AND SIDEWALKS Page 2 of 2