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Ordinance
No. 2004.15 Village
of Salado County
of Bell State
of Texas October
21, 2004 AMENDED:
December 2, 2004 Contractor
Registration Ordinance AN ORDINANCE OF THE VILLAGE OF SALADO, TEXAS,
MANDATING MUNICIPAL REGISTRATION OF CERTAIN CONSTRUCTION CONTRACTORS;
PROVIDING FOR ISSUANCE REGISTRATIONS; COLLECTION OF FEES;
ENFORCEMENT, INCLUDING FINES AND PENALTIES NOT TO EXCEED $500; A REPEALER;
SEVERABILITY; AND PROPER NOTICE AND MEETING. WHEREAS, the Board of Aldermen of the Village of
Salado seeks to provide for safe and orderly construction activities within
its corporate limits; and WHEREAS, the Board of Aldermen seeks to deter shabby
craftsmanship and substandard work by contractors; and WHEREAS, the Board of Aldermen strives to protect
citizens from illegitimate and unscrupulous contractors; and WHEREAS, the Board of Aldermen is authorized to
regulate construction pursuant to the Village’s general police powers and
Texas Local Government Code Chapters 51, 54, and 217; and WHEREAS, pursuant
to Texas Local Government Code Chapter 214 the Board of Aldermen is expressly
authorized to establish procedures to adopt building regulations, establish
local amendments to standard codes, and provide for the administration and
enforcement of the codes; and WHEREAS, the Board of Aldermen has already adopted
the authorized building codes, and finds it to be in the public interest to
register contractors performing work in accordance with those codes; and WHEREAS, the Board of Aldermen finds that the municipal
registration of certain construction contractors is necessary for the
protection of the public health, safety, and general welfare; and WHEREAS, the Board of Aldermen finds the enclosed
rules to be reasonable and necessary; and NOW, THEREFORE, BE IT
ORDAINED BY THE BOARD OF ALDERMEN OF THE VILLAGE OF SALADO, TEXAS: 1.
ENACTMENT CLAUSES
A. Popular
Name This Ordinance may be referred to as the
“Contractor Registration Ordinance.” B. Findings
of Fact All of the above premises are hereby
found to be true and correct legislative and factual findings of the Board of
Aldermen, and are hereby approved and incorporated into the body of this
Ordinance as if copied in their entirety. C. Purpose This Ordinance is adopted so that the Board of Aldermen may promote
the public health, safety, morals and general welfare within the Village
through the registration of contractors that perform certain construction
activities. E. Scope of Jurisdiction The provisions of this Ordinance shall apply
within the city limits (i.e., incorporated municipal boundary) of the
Village. F.
Effective Date This Ordinance shall take effect
immediately from and after its passage and publication as may be required by
governing law. 2. DEFINITIONS A. General
Words and phrases used in this Ordinance shall
have the meanings set forth in this section.
Words and phrases that are not defined in this Ordinance but are
defined in other ordinances of the Village shall be given the meanings set
forth in those ordinances. Other
words and phrases shall be given their common, ordinary meaning unless the
context clearly requires otherwise. Headings and captions are for reference
purposes only, and shall not be used in the interpretation of this Ordinance. B. Specific (1)
Building
Inspector means the person appointed by the Board of
Aldermen to inspect building activities to ensure compliance with applicable
codes, permits and ordinances. The
Village’s building inspector can be a volunteer, employee, agent of another
political subdivision, company, corporation, or independent contractor
retained by the Village. The term
includes the Code Enforcement Officer. (2)
Building
Official means the person appointed by the Board of
Aldermen to receive and review registration applications and ensure compliance
with this Ordinance. The Village’s
building official can be a volunteer, employee, police officer, agent of
another political subdivision, company, corporation, or independent
contractor retained by the Village.
The term includes the Code Enforcement Officer. (3)
Person means any human individual or corporation,
organization, government or governmental subdivision or agency, business
trust, estate, trust, partnership, association, and any other legal entity. (4)
Village means the Village of
Salado, an incorporated municipality located in Bell County, Texas, its
agents and employees. 3. Registration Required A.
Prohibition (1) It shall be unlawful for any person to perform or
contract to perform for compensation a construction operation within the city
limits without first having registered with the Village in compliance with
this Ordinance. (2) It shall be unlawful for any person to perform for
compensation a construction operation within the city limits without
displaying proof of registration with the Village upon request. The only acceptable proof of registration
shall be a completed application that is approved and signed by the Building
Official. (3) Exception:
Work done by property owner in a building owned and occupied by him as his
homestead. B.
Applicability This Ordinance shall apply to persons providing construction services
for projects for which a permit is
required under Village ordinances.
Specifically, the following contractors must register with the
Village: General Contractors, Plumbing Contractors, Electrical Contractors,
and Mechanical Contractors. C.
Scope of Registration Registration
provides the Village with a means of tracking contractors operating within
the Village. Registration also aids
the Village in its efforts to ensure the public that only qualified
contractors are allowed to do business in the Village. Registration does not substitute for any
permit required by law. Nor does
registration substitute for any license required by law. D.
Registration In order to register in
compliance with this ordinance, Contractors must complete the standard
Contractor Registration Application designated by the Building Official. At a minimum, the application form shall
contain the following: (1)
Applicant’s Name (2)
Applicant’s Place of
Business Address (3)
Name of Owner (4)
Type of Construction
Licenses Held by Applicant (5)
License Numbers from Texas
Department of Licensing & Regulation, or other applicable state or
federal agencies. (6)
Certificate of Insurance
currently in effect demonstrating a minimum general liability coverage level
of three hundred thousand dollars ($300,000.00). E.
Registration Fee Registration shall not be approved by the Building Official until the fee prescribed by the Board of Aldermen has been paid. Registration fees shall be as indicated on the attached fee schedule. 4. ENFORCEMENT
A. Civil
and Criminal Penalties The Village shall
have the power to administer and enforce the provisions of this Ordinance and
the codes adopted by this Ordinance as may be required by governing law. Any person violating any provision of this
Ordinance or the codes herein adopted is subject to suit for injunctive
relief as well as prosecution for criminal violations. Any violation of this Ordinance is hereby
declared to be a nuisance. B. Criminal Prosecution Any person violating any provision of this
Ordinance or the codes herein adopted shall, upon conviction, be fined a sum
not exceeding five hundred dollars ($500.00). Each day that a provision of this Ordinance is violated shall
constitute a separate offense. An
offense under this Ordinance is a misdemeanor. C. Civil Remedies Nothing in this
Ordinance shall be construed as a waiver of the Village’s right to bring a
civil action to enforce the provisions of this Ordinance and the codes herein
adopted, and to seek remedies as allowed by law, including, but not limited
to the following: (1) injunctive relief to prevent specific
conduct that violates the Ordinance or to require specific conduct that is
necessary for compliance with the Ordinance; and (2) a civil penalty up to one hundred dollars
($100.00) a day when it is shown that the defendant was actually notified of
the provisions of the Ordinance and after receiving notice committed acts in
violation of the Ordinance or failed to take action necessary for compliance
with the Ordinance; and (3) other available relief. 5. CODE CONFLICTS
If any provision of this Ordinance shall be interpreted as
conflicting with or being contrary to a provision in any of the codes adopted
by this Ordinance, the more stringent requirement shall govern. If it in case of a conflict it is not
easily discernible which provision is more stringent, the requirements stated
in the text of this Ordinance shall govern. 6. REPEALER
All Ordinances or
parts of Ordinances in force when the provisions of this Ordinance become
effective which are inconsistent or in conflict with the terms and provisions
contained in this Ordinance are hereby repealed only to the extent of any
such conflict. 7.
SEVERABILITY It is hereby
declared to be the intention of the Board of Aldermen that the phrases,
clauses, sentences, paragraphs and sections of this Ordinance be severable,
and if any phrase, clause, sentence, paragraph or section of this Ordinance
shall be declared unconstitutional by the valid judgment or decree of any
court of competent jurisdiction, such unconstitutionality shall not affect
any of the remaining phrases, clauses, sentences, paragraphs or sections of
this Ordinance, and the remainder of this Ordinance shall be enforced as
written. 8.
PROPER NOTICE AND MEETING It is hereby
officially found and determined that the meeting at which this Ordinance was
passed was open to the public as required and that public notice of the time,
place and purpose of said meeting was given as required by the Open Meetings
Act, Chapter 551 of the Texas Government Code. Notice was also provided as required by Chapter 52 of the Texas
Local Government Code. PASSED AND APPROVED on this, the 21st day
of October, 2004, by a vote of ______ ayes, ______ nays, and ______
abstentions of the Board of Aldermen. VILLAGE OF SALADO, TEXAS _________________________________ Rick
Ashe, Mayor CONTRACTOR REGISTRATION
FEE SCHEDULE GENERAL CONTRACTOR $60.00 ANNUALLY
SEPTIC SYSTEM INSTALLATION $30.00 ANNUALLY ELECTRICIAN $30.00 ANNUALLY PLUMBER $30.00 ANNUALLY AIR CONDITIONING $30.00 ANNUALLY LAWN IRRIGATION $30.00 ANNUALLY LAWN SERVICE $15.00 ANNUALLY HOME/GENERAL REPAIR $30.00 ANNUALLY
Fees effective January 1, 2005.
CERTIFICATE
THE STATE OF TEXAS COUNTY OF BELL I,
Dianna Zulauf, being the current Village Secretary of the Village of Salado,
Texas, do hereby certify that the attached is a true and correct copy of
Ordinance No. ___________, passed and approved by the Board of Aldermen of
the Village of Salado, Texas, on the ______ day of _________________, 2004,
and such Ordinance was duly adopted at a meeting open to the public and
notice of said meeting, giving the date, place and subject thereof, was
posted as prescribed by Government Code 551.043. Witness
my hand and seal of office this ____ day of ________________, 2004. _____________________________ Dianna Zulauf Village Secretary |
