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HomeMy WebLinkAboutOrdinance No. 510 CITY OF THE COLONY, TEXAS ORDINANCE NO. ~/O AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING THE SPECIAL PROVISIONS FOR WATER, WASTEWATER AND STORM SEWER IMPROVEMENTS, SECTION A.10, 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 · SEVERABILIT¥ 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. NO person, firm or corporation, other than a public utility company, shall construct, reconstruct or repair any water, wastewater or drainage improvements 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 leaks 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. Materials and labor used in the\work described in this ordinance shall be in accordance with the standards and specifications of the City of The Colony. SECTION 3. A contractor doing work governed by this ordinance shall provide necessary warning equipment and safeguards to that pedestrians and vehicular traffic shall be protected from injury and not unnecessarily impeded. SECTION 4. Immediately upon completion of the work authorized by the permit, the contractor shall remove from the area all unused material, dirt, debris and loose concrete. He shall see that the entire area is clean and usable and that the paved area which has been altered, cut, excavated or disturbed in any way shall be returned to at least as good a condition as it was in prior to the commencement of the work. SECTION 5. 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 6. 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 p~o~ide. 1987.PASSED AND APPROVED this ~day of .~~ , Don Armick, Mayor .... , ATTEST: ~,~3 ~ · ~ , City S~cretary City Attorney