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HomeMy WebLinkAboutORD 1985-042 CITY OF GRAPEVINE, TEXAS ORDINANCE NO. 85-42 AN ORDINANCE REQUIRING CONTRACTORS TO PROVIDE LIA- BILITY INSURANCE WHEN PERFORMING WORK ON OR WITHIN THE PUBLIC EASEMENT OR RIGHT OF WAY OF ANY PUBLIC STREET, ROAD, OR HIGHWAY; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR °"� � EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; PROVIDING A SEVERABILITY CLAUSE; � DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR THE REPEAL OF INCONSISTENT ORDI- NANCES. WHEREAS, the City Council is empowered to impose certain restrictions to provide for the health, safety, and general welfare of the residents of the City of Grapevine, Texas; and WHEREAS, Construction Projects on or near streets, roads, or highways create a certain degree of risk; and WHEREAS, it is in the best interests of the citizens of the City of Grapevine for contractors to be financially responsible for any damage to person or property. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all of the above premises are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. � Section 2. Any Contractor who performs work on or within the public easement or right of way of any public street, road or highway within the '� Corporate limits of the City of Grapevine shall have in effect a policy of accident liability insurance to insure against potential losses which may arise from the execution of any tasks required by a contract or any other actions within the specified area. The amount of this coverage shall be no less than Five Hundred Thousand Dollars ($500,000.00). Section 3. The liability coverage shall be effective before the con- tractor begins any work within the area covered in Section 2. Each contractor shall have proof of such liability insurance available on the construction site. Section 4. "Contractor" is defined as any person, corporation, or partnership that undertakes to perform the obligations of any construction contract. Section 5. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine in a sum not to exceed Two Hundred Dollars ($200.00) for each offense and a separate offense shall be deemed committed upon each day during or on which a violation occurs. Section 6. If any section, article, paragraph, sentence, clause, phrase or ,.� work in this ordinance, or application thereto any person or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance �, and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 7. The fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace, and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety, and general welfare of the public which requires that this ordinance become effective from and after the date of its passage and it is accordingly so ordained. Section 8. All ordinances or parts of ordinances inconsistent or in conflict with the probisions of this ordinance are hereby expressly repealed to the extent of the inconsistency or conflict. PASSED AND APPROVED this the 3rd day of September , 1985. Li�t_�� �.� Mayor, City of Grapevine, xas ATTEST: �� L�h.e�t�.� � City Secretary, Cit of Grapevine, Texas (SEAL] APPROVED _AS TO FORM: �. ------- ��_ P�"it;,� Attorney, City of pevi e, Texas � . +�,.� �U�