HomeMy WebLinkAboutOrdinance No. 513 CITY OF THE COLONY, TEXAS
ORDINANCE NO. ~5
AN ORDINANCE OF THE CITY OF THE COLONY,
TEXAS, AMENDING sEcTION 18 OF THE CODE OF
ORDINANCES OF THE CITY OF THE COLONY,
ESTABLISHING A MAINTENANCE BOND FOR A PERIOD
OF TWO (2) YEARS FROM THE DATE OF FINAL
ACCEPTANCE BY THE CITY OF THE COLONY;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE
HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE;
AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS:
SECTION 1. That Section 18-23 of the Code of Ordinances of
the City of The Colony be amended to read as follows:
"No person other than a public utility company, shall
construct, reconstruct or repair any sidewalk, curb,
gutter driveway approach, public street, alley or other
public area in the City without first executing and
delivering to the City a Maintenance Bond from an
approved surety company which protects the City against
defective workmanship and materials for a period of two
(2) years from the date of final acceptance by the City
of The Colony.
Where defective workmanship and/or materials are
discovered requiring.repairs to be made under this
guarantee, all such repair work shall be done by the
Contractor at his own expense within five (5) days
after written notice of such defect has been give to
him by the Owner. Should the Contractor fail to repair
or correct such defective workmanship and/or materials
within five (5) days after being notified, the Owner
may make the necessary repairs and charge the
Contractor with the ~actual cost of all labor and
materials required.
The Maintenance Bond shall be in the amount of $50,000.
or 10 percent (10%) of the amount of the Contract,
whichever is greater, but not to exceed 100 percent
(100%) of the Contract amount."
SECTION 2. If any section, subsection, sentence, clause,
or phrase of this ordinance is for any reason held to be invalid,
such decision shall not affect the validity of the remaining
portions hereof, which are declared to be severable.
SECTION 3. Any person, firm or corporation violating any
of the provisions of this ordinance shall be deemed guilty of a
misdemeanor and, upon conviction in the Municipal Court of the
City of The Colony, Texas, shall be fined in an amount not to
exceed the sum of Five Hundred Dollars ($500.00) for each offense
and each and every day any such offense shall continue shall be
deemed to constitute a separate offense.
SECTION 7. This ordinance shall take effect immediately
from and after its passage and the publication of the caption as
the law and charter in such cases provide.
PASSED AND APPROVED this //~day of ~~
1987. ~ '
Don A~ck, ~{ayor
ATTEST:
~ ~..~i_A..~.!ck:~ City Secretary
City Attorney