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Home My WebLink AboutORD 1352 Relating to Permits for Sidewalks, Driveways, Curbs and Gutters 103 ORDINANCE NUMBER 1352 AN ORDINANCE RELATING TO SIDEWALKS, DRIVEWAYS, CURBS AND GUTTERS; AMENDING THE REQUIREMENTS FOR A PERMIT, LICENSE AND BOND IN CERTAIN CIRCUMSTANCES; CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY. WHEREAS, the City Council has been requested to help minimize the regulatory procedures necessary for constructing or repairing sidewalks, curbs, gutterst driveways~and WHEREAS, the City Council desires to update its regulatory requirements and is of the opinion that some limited exceptions to the requirement for a license and bond would be in the public interest; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: [ Section 1. Subsection (a) of Section 19-71 of the Code of Ordinances of the City Of West University Place, Texas is hereby amended to read in its entirety as follows: (a) It shall be unlawful for any person to 1 ay, cons truct, build, repair or rebu'ild any sidewalk, driveway, curb or gutter upon any highway, easement or other public property unless: (1) a permit covering such work has been issued by the building official and is in effect, and (2) such person holds a valid license issued by the building official for sidewalk, driveway, curb and gutter contractors. In any proceeding to enforce the requirement for a license, it shall be an affirmative defense that, at the time of the offense the person charged was an actual employee of, and acting under the direct supervision and contol of, a person who held a valid license. This section does not apply to work done for the City by City employees or a City contractor. Section 2. Subsection (c) of Section 19-71 of the Code of Ordinances of the City of West University Place, Texas is hereby amended to read in its entirety as follows: c (c) A license required by this section shall expire one year from the date of issue, except that a temporary license may be issued to contractors performing water, sewer, drainage, street or similar work under a contract with the City. Such a temporary license shall have a shorter term corresponding to the estimated time of performance of the contract with the City, and it shall only apply within the general vicinity of the work to be done for the City.' The bond required by Section 19-72 is not required for such a temporary license. Section 3. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. L -----~- ~.. -- '-- - ~......__~_~I~ I~l, _:~.~.~.~ ,~:r:=:r::m~:: . -~. _ 1. '!JillIJIlID!I[(l' -< [}1 , -' n.mlllJll.[!I!\I~.J;.I:I; I 1\1J1J:rrl- r I n -I-.J t:p.1 - --~-----n Ordinance Number 1352 tOll Section 4. If any word, phrase, clause, sentence, paragraph, section or other part of this ordinance or the application thereof to any person or circumstance, sha 11 ever be he 1 dto be i nva 1 i d or uncdnstitutional by any court of competent jurisdiction, the remainder ~ of this ordinance and the application of such word, phrase"clause, sentence, paragraph, section or other part of this ordinance to any other persons or ci rcumstances shall not be affected thereby. Section 5. The City'Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this ordinance was discussed, considered or acted upon was given in the manner required by the Open Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended, and that each such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. Section 6. The public importance of this measure and the requirements of the law create an emergency and an urgent public necessity requiring that this Ordinance be passed and take effect as an emergency measure, and a state of emergency is hereby declared, and this Ordinance is accordingly passed as an emergency measure and shall take effect and be in force on the tenth day following its publication, as required by Section 2.12 of the City Charter. PASSED AND APPROVED this the 11th day of September 1989. I -I ~ Voting Aye: Voting No: Absent: Signed: Laura C. Higley, Mayor ATTEST: Approved as to Form: Audrey Nichols, City Secretary James L. Dougherty, Jr. City Attorney I lJ (SEAL)