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HomeMy WebLinkAboutOrdinance - 8058-1980 - AN ORDINANCE AHENDING CHAPTER 5 OF THE CODE OF ORDINANCES.BEING THE BUILDING COD - 06/12/1980R . . ,, .SMT. bs ORDINANC~~l~?ao~ ' ..... .. _ ..... ~ • 4 •. ··. ~" ,.,-_ ~(p·W, '\I:!· AN ORDINANCE AHENDING CHAPTER 5 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, ~ TEXAS, BEING THE BUILDING CODE, BY CHANGING THE CONTRACTOR'S BOND FORM, PROVIDING S ~ ~ A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. \Dt) ~ . ~~ ~~ WHEREAS, the City Council of the City of Lubbock has determined that the coverage of the Contractors' Bond Form is unnecessarily broad, NOW THEREFORE; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Section 308 of the Building Code of the City of Lubbock BE and is hereby amended to read as follows: "Sec. 308. Bond for General Contractors. Any P.ersen, firm o.:r.:, 1 corporation desiring to engage in the business of ge~rat contrac~iii'~;\\ in the City of Lubbock, Texas, shall file with the Btlil.ding OfficJ.al;>f_ ·· • a surety bond in the amount of five thousand dollars ($5,000.00) ier$'iied by a surety company authorized to transact business in the State of~­ Texas, and conditioned on compliance with all provisions of the BuiJ.ding · Code, Code of Ordinances and all regulations of the City of Lubpock,, such bond to be approved as to form and condition by the City Attorney or an authorized representative and such approval to be shown on the face of the bond. Such bond is to be immediately effective and.to remain in effect for one (1) year from date of approval with annual renewal necessary for continued compliance with the bond requirements of this Building Code. All sureties on any bond required by the City, shall be liable for breach thereof to the City of Lubbock, to the owner of the property upon which work is performed, to any person, firm or corporation with whom the Principal has contracted, either orally or in writing, to perform building construction, alteration, repair or other work, and to any person who may be damaged or injured by Principal's failure to comply with the regulations, ordinances and Building Code of the City of Lubbock, not to exceed the face amount of such bond, provided written notice of such damage and the probably amount thereof is given to the surety within thirty (30) days after the discovery of the damage, and in no event later than ninety (90) dayb after final inspection or abandonment of the work by such contract~.r. No permit shall be granted and no work commenced until such,bond has been filed and approved. Liability of the surety for the full amount of the bond shall continue until the City receives written notice from the surety that the bond has been cancelled or that the amount has been exhausted by claims filed against the bond. In either event, the contractor shall not commence or continue any work until a bond for the full amount has been filed and approved, and, when applicable, a certificate of insurance has been provided to the Building Official as required by Chapter 28, Code of Ordinances, City of Lubbock. Said bond is to be as follows: II . ·. STATE OF TEXAS § § GENERAL CONTRACTOR'S COMPLIANCE BOND § , GENERAL CONTRACTOR A~d~d~r-e_s_s-----------------------------=P~h-o--ne No. COUNTY OF LUBBOCK ---------------- TO CITY OF LUBBOCK KNOW ALL MEN BY THESE PRESENTS, that hereinafter called the Principal, as Principal, and ---------------------------- -----------------------' hereinafter called the Surety, as Surety, are held and firmly bound in the amount of Five Thousand Dollars ($5,000.00) unto the City of Lubbock, the owner of the property upon which work is performed, any person, firm or corporation with whom the Principal has contracted either orally or in writing, to perform building construction, alteration, repair or other work, and any person who may be damaged or injured by the Principal's failure to comply with the regulations, ordinances and Building Code of the City of Lubbock, for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. NOW THEREFORE, the Condition of this Obligation is such thqt if the Principal shall perform all work contracted for in compliance with all regulations, or- dinances and the Building Code established or to be established by the City of Lubbock, and shall remedy all defects due to failure to comply with said regulations, ordinances and Building Code, without cost to the injured person, firm or corporation, then this obligation shall be void; otherwise to remain in full force and effect. Written notice of any non-compliance with Codes or regulations and the probable amount to correct it shall be given to the Surety within thirty (;30} days after its discovery, and in no event later than ninety (90) days after final inspection or abandonment of the work by said Contractor. Liability for future acts or omissions in violation of applicable codes or regulations may be terminated by the Surety herein by giving thirty (30) days notice in writing to the Building Official for the City of Lubbock, and the liability of Surety shall cease at the expiration of said thixty 00) days, provided however said Surety shall be liable for all acts or omissions by said Principal covered by this bond up to and including the day of expiration of said thirty (30} days notice. Surety shall give notice in writing to the City of Lubbock within thirty (30) days of any claim filed against this bond. This bond expires at midnight of -----------------------------' 19 ______ __ In Witness Whereof, the said Principal and Surety have signed and sealed this instrument this day of , 19 ______ _ l Surety Principal By: --------------------------------Title By: ~~-------------------------------Title By: ~T~i-t~1-e----------------------------- The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates ----------~----------------------------­as agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Surety By: ·~T~i-t~1e---------------------------- If the above bond is signed by an officer of the Surety Company~ there must be furnished to the City a certified extract from the by-laws of said Company establishing that this person has authority to sign such obligation. If signed by an Attorney-in-Fact, a certified copy of the Power of Attorney must be provided to the Building Official of the City. Approved this------day of-----------------------~ 19 ___ _ Approved As To Form: Agency _________________________ __ Assistant City Attorney Approved Address _________________________ __ Phone No. -------------------------Building Official Bond No. --~----------------------- SECTION 2. THAT Section 309 of the Building Code of the City of Lubbock BE and is hereby amended to read as follows: "Sec. 309. Bond for Other Contractors. All other contractors engaged in the contracting business, when a permit is required to accomplish any construction work, shall furnish a similar bond in the sum of three thousand dollars ($3, 000. 00), said bond to be subject to the same conditions and liabilities as provided for in the General Contractors bond hereinabove with appropriate adjustments for job . ' .. . I . description. Plumbers, electricians, sign erectors and house movers, shall have a bond in effect at all times when engaging in their trade. Carpenters, plasterers, masons, concrete contractors, and painters when sub-contracting for a bonded general contractor need not be bonded to the City of Lubbock, but when acting independently, and a permit is • required for the construction being accomplished, must provide a bond as hereinabove. Contractors engaged in the paving of parking lots, separate from other construction work, shall be bonded to the City of Lubbock in the same amount and under the same conditions as general contractors and must provide the certificate of insurance as required by City of Lubbock Ordinance #4371. Any person, firm or corporation using explosives within the City of Lubbock shall file a bond to be approved as to form and condition by the City Attorney or an authorized assistant and such approval to be written on the face of the bond. Said bond shall be immediately effective and conditioned upon the same terms as the General Contractor's Bond not to exceed five thousand dollars ($5,000.00), and the Principal shall be deemed to have complied with the bond provisions of this Code. 1n cases where work is extremely hazardous the amount of the bond may be increased not to exceed fifty thousand dollars ($50,000.00) at the discretion of the Building Official. All such bonds shall be in effect for one (1) year from date of approval and must be renewed annually." SECTION 3. THAT Section 309-A of the Building Code is hereby amended to read as follows: "Sec. 309-A. Bond for Insulation Contractors/Installers. Any person engaging in the business of installing, applying, blowing, or spraying insulation or contracting to do so in the City of Lubbock, shall file with the Building Official a surety bond in the amount of $5,000.00 conditioned on performance of all provisions of the Code of Ordinances for the City of Lubbock. Said bond shall be in the same form as required for General Contractors, but adjusted for the appropriate type of contracting work." SECTION 4. THAT Section 310(c) of the Building Code is hereby amended to read as follows: "(c). Bond Required. Before said permit is granted by the Building Official, the party applying therefore shall fi~e a bond in the sum of three thousand dollars ($3,000.00) with good and sufficient sureties to be approved by the City Attorney or an authorized assistant as to form and condition and such approval shall be written on the face of the bond, the same to be immediately effective and the principal deemed to have complied with the bond provisions of this Code. The bond shall be on the same terms as the General Contractor's Bond, and conditioned that said party will save, indemnify and keep harmless the City of Lubbock, Texas, against all liabilities, judgments, costs and expenses which may in any way accrue against said City in consequence of the granting of the same permit, and upon the expiration of the time named in the permit, or sooner if the use of the streets, alleys, avenues or public grounds is no longer necessary, he shall clear same of all obstructions." • • .of' • ·' SECTION 5. THAT violation of any provisions of this Ordinance shall be deemed a misdemeanor punishable by a fine not to exceed two hundred dollars as provided in Section 1-5 of the City Code. SECTION 6. THAT should any paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 7. THAT the City Secretary is hereby authorized to cause publication of the descriptive caption of this Ordinance as an alternative method provided by law. AND IT IS SO ORDERED. Passed by the City Council on first reading this 12thday of June Passed by the City Council on second reading this26tb. day of Tune ~liti ATTEST~ APPROVED AS TO FORM: c:2u.a~._.; 2?-t~.--=---- Susan M. Tom, Assistant City Attorney ' 1980. , 1980. ____ ___JL_ __________ ~---~----------------------- The State of Texas Cotmtv of Lubbock Before me, Gilbert Ortiz, a Notary Public in and for Lubbock Cotmty, Texas on this day personally appeared Bidal Aguero of Amigo Publications, publishers of El Editor, weekly newspaper, who being by me duly sworn did depose and say that said news- paper has been published continuously for more than fifty-two weeks prior to the first insertion of this City Ordinance No. . -· i058 -at Lubbock County, Texas and the attached pr:rited copy of the City Ordinance is a true copy of the origin- al and was printed in El Editor on the following dates: June 27 & July 4. 1980 $£~ Amigo Publications Subscribed and sworn to before me this /Jtifiay of ,TilLy ert Ort1.z Notary Public . --~-.;;;__;__.:.,·· ..:":..."'::..·· ;_· ...;:,.;:...: .t.' Ordinance Nii 1058 . :,t 1 AnOrc:tlnaoceameQUingCii&Pt!ir5 of tnt coc:te'Qf Ordll'fances, City Of LubbOCk. feus, being the bulldinP. code, b't Oh';"Q!OO.,QI .. e ~otractqr',. bOnd Jorm, -.Rtovidlog -.ac . .Q.e!lJI\Y. 1 ·. p~vl~-\avi~ clause .~q f prov .. . blicalion. • . . .· . . ' Sllef · · vlolaUob of any· provisions of thla Ordlnai'tceshan be . deeme¢ .a •MfllfllnOt' puols~ble l ' ·by a fine nc)tfiteXceecl ~undred 1 dollar~ otj)rovJ~ in. Seetk;ift H o~_.l thee~ ··•·· ..... ·· .... ,, l · P~1~f1Y~J~ritir~• · reading fllis 1~ day ofjlut~~J. 1980 . . ·' · .Passed tiV ·the City CQUj)cll on r: "'•econd relltlingthla26tl't-'CiayofJone, •· . 1980. ·.. . .· .... ······ .· •. ' '' ... ·· 11/Elill McAlister, Mayor . ATTEST:A . ... : . 11/Evelyn Gaffga Clly ·Secretary- Treasurer . · APPROVED AS TO CONTENT: IB/C.C. Turquette, 'Jr.,. 8uUdlng Official ' ; •• ~ :t.; .v: I ' . APPROVED AsTb't!oFIM: ' . ' i Is/Susan M. Tom, Alllstant • City ~--~!!'.!L---~--~· - , 1980.