HomeMy WebLinkAboutOrdinance 0504
"..
.~
,
ORDINANCE NO. 504
.
AN ORDINANCE REQUIRING CERTAIN CONTRACTORS TO
POST AND MAINTAIN A $500.00 CASH BOND BEFORE
WORKING IN THE PUBLIC RIGHT-OF-WAY OR EASEMENTS
AND PROVIDING THAT FAILURE TO DO SO IS A
MISDEMEANOR PUNISHABLE BY FINE OF UP TO $200.00,
EACH DAY CONSTITUTING A SEPARATE VIOLATION.
WHEREAS, the City has recently incurred numerous problems
with respect to recovering from various contractors, claims for damages
to public property caused by such contractors while working in the
right-of-way or easements; and
WHEREAS, it is the consensus of the City Council of the
City of North Richland Hills that a cash bond in the amount of Five
Hundred ($500.00) Dollars should be required of certain contractors
to protect the city in case of damage to public property in the public
right-of-way or easements; and
.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF NORTH RICHLAND HILLS, that from and after the date of passage
hereof, any contractor who shall work in the public right-of-way or
easements must first post with the City of North Richland Hills a cash
bond in the penal sum of $500.00 Dollars, in the form attached hereto
as Exhibit IIAII, conditioned that such contractor will repair or replace
any and all damaged public property including, but not limited to street
signs, water lines, surface or sub-surfaces of the street, curbs and gutters,
or fire hydrants, in or about such public right-of-way or easement.
BE IT FURTHER ORDAINED that such bond shall provide that in
cases of emergency, which determination shall be in the sole reasonable
discreetion of the City Manager of the City of North Richland Hills,
or his agent, such bond may be applied without notice to such contractor,
to cover such damages, and further, that in non-emergency situations,
such contractor will have five (5) working days after either written or
oral notice of such damage to repair or replace such damaged property,
unless such time shall be extended in writing by the City Manager or
his agent, after which time the City shall be authorized to apply all
or any part of such cash bond to cover such damages.
BE IT FURTHER ORDAINED that any contractor working for the
City who shall have furnished any surety bond in the amount of at least
$2,500.00 covering such liabilities, as may be determined by the City
Manager of the City of North Richland Hills, or his agent, are exempted
from the requirements of this Ordinance; and
.
BE IT FURTHER ORDAINED, that the provisions of this Ordinance-
shall not apply to the crews of Public Utility Companies.
. .
.
......
~
~
ORDINANCE NO. 504
.
AN ORDINANCE REQUIRING CERTAIN CONTRACTORS TO
POST AND MAINTAIN A $500.00 CASH BOND BEFORE
WORKING IN THE PUBLIC RIGHT-OF-WAY OR EASEMENTS
AND PROVIDING THAT FAILURE TO DO SO IS A
MISDEMEANOR PUNISHABLE BY FINE OF UP TO $200.00,
EACH DAY CONSTITUTING A SEPARATE VIOLATION.
WHEREAS, the City has recently incurred numerous problems
with respect to recovering from various contractors, claims for damages
to public property caused by such contractors while working in the
right-of-way or easements; and
WHEREAS, it is the consensus of the City Council of the
City of North Richland Hills that a cash bond in the amount of Five
Hundred ($500.00) Dollars should be required of certain contractors
to protect the city in case of damage to public property in the public
right-of-way or easements; and
.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF NORTH RICHLAND HILLS, that from and after the date of passage
hereof, any contractor who shall work in the public right-of-way or
easements must first post with the City of North Richland Hills a cash
bond in the penal sum of $500.00 Dollars, in the form attached hereto
as Exhibit IIAII, conditioned that such contractor will repair or replace
any and all damaged public property including, but not limited to street
signs, water lines, surface or sub-surfaces of the street, curbs and gutters,
or fire hydrants, in or about such public right-of-way or easement.
BE IT FURTHER ORDAINED that such bond shall provide that in
cases of emergency, which determination shall be in the sole reasonable
discreetion of the City Manager of the City of North Richland Hills,
or his agent, such bond may be applied without notice to such contractor,
to cover such damages, and further, that in non-emergency situations,
such contractor will have five (5) working days after either written or
oral notice of such damage to repair or replace such damaged property,
unless such time shall be extended in writing by the City Manager or
his agent, after which time the City shall be authorized to apply all
or any part of such cash bond to cover such damages.
BE IT FURTHER ORDAINED that any contractor working for the
City who shall have furnished any surety bond in the amount of at least
$2,500.00 covering such liabilities, as may be determined by the City
Manager of the City of North Richland Hills, or his agent, are exempted
from the requirements of this Ordinance; and
.
BE IT FURTHER ORDAINED, that the provisions of this Ordinance-
shall not apply to the crews of Public Utility Companies.
,.
.
~
~
,
.
BE IT FURTHER ORDAINED, that no contractor shall be
permitted to work in public right-of-way or easements if the balance
of its cash bond shall become less than $500.00; and
BE IT FURTHER ORDAINED, that any contractor not exempt
from this ordinance, who shall work in the public right-of-way or
easements without posting or mainataining the $500.00 amount of the
cash bond required by this Ordinance, shall be guilty of a misdemanor,
and punishable by a fine up to TWO HUNDRED ($200.00) DOLLARS, and each
day shall constitute a separate violation.
PASSED AND APPROVED THIS 12th day of November
, 1973.
)~~
~I;~~L. MASSEY, MAYO
lffJ(j
.
ATTEST:
auc¿J~ (ä..«.t¿i.y--
ANNA LEE CAUDRY, CITY SECRtTARY
APPROVED AS TO FORM
AND LEGALITY:
.~
c;:7 .--/. ~.
~ruMíÍÑ .4Jt~r70R'~ÊV
, .
~
.
...-/
1)-
CONTRACT OR'S CAS H BOND
(í{ork in public rig.1¡t-of-,,,ay)
STAlE OF TEXAS
x
X
X
KNOH ALL HEN BY THESE PRESENTS:
COUNTY OF TARRAt-I"'T
THA T ,
as Principal is held and firmly bound unto THE CITY OF NORTH RICHLAND HILLS, TEXAS,
herein called City, a Municipal Corporation of the State of Texas, in the County
of Tarrant. in the sum of FIVE HUNDRED ($500.00) DOLLARS, for the payment of
which sum Principal binds itself, its heirs, its executors, administrators,
successors, and assigns jointly and severally, formally by these presents:
The condition of this obligation is such that if Principal shall
perform its work in the public right-of-way or easements of the City of North
Richland Hills, Texas, and shall pay any and all claims for damages to public
property, including but not limited to street signs, water lines, surface or
sub-surface of the streets, curbs and gutters, fire hydrants, or any other public
property located in or about such public right-of-way or easement, then this
obligation shall be void, otherwise, to remain in full force and effect.
The Principal hereby deposits with the City of North Richland Hills,
Texas. the sum of FIVE HUNDRED ($500.00) DOLLARS rn CASH, which sum the City of
North Richland Hills, Texas, is authorized by the principal to use to enforce
this bond in the event the principal does not repair or replace any damaged
property within five (5) working days after either written or oral notice of such
dam3.ge. It is further agreed by principal that in an emergency situation, which
determination shall be in the sole reasonable discretion of the City Manager of
the City of North Richland Hills, or his agent, the City may repair or replace
such damaged property, and charge the contractor IS bond, and thereafter, the
contractor must bring the balance of its cash bond, up to the sum of $500.00,
before continuing work; it is further agreed that the fiv~ working day time limit
w~y be extended by agreement in ~ITiting of the City Manager of the City of
North Richland Hills. or his agent.
WITI\TESS THE HAND AND SEAL of the principal this _ day of
197_.
PRI1'J'CIPAL
EXHIBIT "A"
f
J,f-
..0__...._____..__"'_.-__..._ .__.~_. ,_. UA_'_ __"
LEGAL AFFIDAVIT
THE STATE OF TEXAS:
COUNTY OF
Before me, the undersigned authority on this day personally
Eleanor Lewis
appeared known to me to be a credible person. who
first being sworn, deposed and upon her oath said:
h h' i hBookkeeperf h Mid Cities Daily News
T at s est e 0 t e , ,"'8 newspaper
which has been regularly and continuously published and of general
circulatiOll in the City/Town of
Hurst
, for a period of
more than one year next preceding the first publication of the
attached
Legel Notice
and that he caused said notice to be
11-15-73
published in said newspaper on the following date/so 11-18-73
That the attached is a true and correct copy of said notice as pub-
lished on said date/s in said
Mid Cities Deily News
~J~'
4 Dec.
Sworn to and subscribed before me, this the_day of_,
19 72...
.,.--"--'
ORDINANCE NO. 504
AN ORDINANCE REQUIRING.'
CERTAIN CONTRACTORS TO.
POST AND MAINTAIN A.
$500.00 CASH BOND BEFORE:
WORKING IN THE PUBLIG~'.
RIGHT'{)F*WAY OR EASE-,.
MENTS.. AND PROVIDING:.
THAT FAILURE TO DO SO I(~
A MISDEMEANOR PUNISHA-·
BLE BY FINE UP TO ..00,:. ,;
EACH DAY CONSTITUTING..-
A SEPARATE VIOLATION. ,',
PASSED AND APPROVED.
BY THE CITY COUNCIL OF :
THE CITY OF NORTH RICH::.
LAND HILLS, TEXAS,
NOVEMBER 12, 1973.
-s-MARION L. MASSEY,
MAYOR, CITY OF:
NORTH RICHLAND HILLS
A'ITEST:
-s-ANNA LEE CAUDRY
CITY SECRETARY
PUB. 11-15, 11-18-73
MCDN PN NO. 7775
Form -- 110