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HomeMy WebLinkAboutPO 5955: AMEND CODE PERTAINING TO CONTRACTOR OR LIABILITY INSURANCE OR BONDSinteroffice. MEMORANDUM To: Mayor, City Council, and City Manager ~ ~~~/ From: Mark T. Sokolow, City Attorney 1~'~+.~L ~2'v'°`N" Date: November 26, 2008 Subject: P. O. No. 5955; Council Meeting December 2, 2008 Attached is P. O. No. 5955 amending Section 18-37 of the Code of Ordinances as it pertains to contractor or liability. insurance or bonds, providing for a penalty, publication and an effective date. MTS:gt Attachment cc: Director of Community Services z.po5955 memo P. O. No. 5955 11/20/08 is ORDINANCE NO. AN ORDINANCE AMENDING SECTION 18-37 OF THE CODE OF ORDINANCES AS IT PERTAINS TO CONTRACTOR LIABILITY INSURANCE OR BONDS, PROVIDING FOR A PENALTY, PUBLICATION AND AN EFFECTIVE DATE WHEREAS, it is deemed in the best interests of the citizens to amend Section 18-37 of the Code of Ordinances as it pertains to contractor or liability insurance by inserting the following, denoted in bold, into Section 18-37 as .follows: "Sec. 18-37. Contractor e~liability insurance or bonds.. It shall be the duty of every contractor or building engaged in the business of erecting, construction, enlarging, repairing, moving, improving,-converting, or demolishing buildings and structures for which a permit is required, and every contractor or builder making such contracts and subletting such structures or any of their parts, to deposit with the City good and sufficient general liability insurance listing the City of Port Arthur as a certificate holder or a bond which ensures that projects will be completed within the City of Port Arthur, in the sum of $100,000.00, approved by the Director of Community Services or his designee and conditioned that the person engaged in such business will faithfully observe and conform to the regulations of the City's building code and other ordinances of the City in reference to construction, enlargement, repair, moving, improving, removing, conversion, or demolition of buildings and structures. The City shall be indemnified and held harmless form all claims, suits, actions, and proceedings of every nature and description arising from accidents and damage of any character whatsoever caused by such person or agents or employees engaged in such business, on account of failure to conform to the regulations of the City's building code and other ordinances of the City in reference to such permitted work." z.po5955 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That Section 18-37 of the Code of Ordinances as it pertains to contractor of liability insurance is amended by inserting the following, denoted in bold, as follows: "Sec. 18-37. Contractor liability insurance or bonds. It shall be the duty of every contractor or building engaged in the business of erecting, construction, enlarging, repairing, moving, improving, converting, or demolishing buildings and structures for which a permit is required, and every contractor or builder making such contracts and subletting such structures or any of their parts, to deposit with the- City good and sufficient general liability insurance listing the City of Port Arthur as a certificate holder or a bond which ensures that projects will be completed within the City of Port Arthui, in the sum of $100,000.00, approved by the Director of Community Services or his designee and conditioned that the person engaged in such business will faithfully observe and conform to the regulations of the City's building code and other ordinances of the City in reference to construction, enlargement, repair, moving, improving, removing, conversion,.. or demolition. of buildings and structures. The City shall be indemnified and held harmless form all claims, suits, actions, and proceedings of every nature and description arising from accidents and damage of any character whatsoever caused by such person or agents or employees engaged. in such business, on account of failure to conform to the regulations of the City's building code and other ordinances of the City in reference to such permitted work." Section 3. -That all ordinances or parts of ordinances in conflict herewith are herein repealed, but only to the extent of said conflict.. z.po5955 Section 4. That any person who violates any provisions of this Ordinance or who shall neglect'to comply with the-terms hereof shall be guilty of a misdemeanor and shall on conviction thereof be fined in any sum not less than one ($T.00) Dollar nor more than ($2,000) Dollars as provided in the Code of Ordinances, and each violation shall constitute a separate offense. Section 5. That this Ordinance or its caption and penalty shall be published one (1) time within ten (10) days after final passage hereof in the official newspaper of the City of Port Arthur.' This Ordinance shall take effect immediately after date of publication. Section 6. That a copy of the caption of this Ordinance be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this day of A.D., 2008, at a Council Meeting of .the City Council. of the City of Port .Arthur, Texas, by the following vote: AYES: Mayor City Council NOES: MAYOR z.po5955 ATTEST: ACTING CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY APPROVED FOR ADMINISTRATION: CITY MANAGER z.po5955