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HomeMy WebLinkAboutORD 1996-040 �`" ORDINANCE NO. g6-40 `""` AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF ORDINANCES BY AMENDING APPENDIX E, CONSTRUCTION STANDARDS, ITEM 1 .5.2 INSPECTION OVERTIME REIMBURSEMENT OF THE CITY CODE OF ORDINANCES; REPEALING CONFLICTING ORDINANCES; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS (5500.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Code currently contains conflicting requirements in Chapter 12 and in Appendix "E" relating to allowable working hours available to contractors within the City of Grapevine, and �� WHEREAS, it is in the best interest of the health, safety and welfare of the � citizens of the City of Grapevine to eliminate confusing or conflicting requirements within the City Code, and WHEREAS, it is furthermore in the best interest of the health, safety and welfare of the citizens of the City of Grapevine to clearly limit the working hours available to contractors in residential areas and in those areas located immediately adjacent to residential areas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1 . That Appendix E, Construction Standards, Item 1 .5.2 /nspection Overtime Reimbursement of the Grapevine Code of Ordinances, is hereby amended in its entirety to read as follows: "The contractor may undertake work during working hours established in �,,, Section 12.5 Noise - Character, Intensity, and Duration Detrimental to Health or Life, of the City Code of Ordinances, as amended. rr� Any work prior to 8:00 a.m. or after 5:00 p.m. on Monday through Friday and between 7:00 a.m. and 7:00 p.m. on Saturday, Sunday and holidays may only be undertaken if the contractor signs the necessary forms committing to reimburse the City of Grapevine for overtime costs of twenty-five (525.00) per """`�' hour due to the inspection activities required by the work underway with a guaranteed minimum of four (4) hours overtime on Saturdays, Sundays and holidays to justify the inspection activities on these days. By signing the forms, the contractor commits to reimburse the city on a monthly basis upon receipt of a monthly invoice from the city." Section 2. That the City Manager, or his agent, is hereby authorized to impose said overtime reimbursement charges upon contractors within the City of Grapevine. Section 3. That all ordinances or any parts thereof in conflict with the terms of this ordinance shall be and hereby are deemed repealed and of no force or effect provided, however, that the ordinance or ordinances under which the cases currently filed and pending in the Municipal Court of the City of Grapevine, Texas shall be deemed repealed only when all such cases filed and pending under such ordinance or ordinances have been disposed of by a final conviction or a finding of not guilty, nolo contendere, or dismissal. Section 4. 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, shall be fined in an amount not to exceed the sum of Five Hundred Dollars (5500.00) for each offense and a separate offense shall be deemed committed �" each day during or on which an offense occurs or continues. � Section 5. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstance 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 this ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 6. The fact that the present ordinances and regulations of the City of Grapevine, Texas do not adequately address the imposition of the lot to lot drainage policies and subsequent drainage inspection fees within the City creates an emergency and the preservation of the public health, safety, and welfare requires that this ordinance take effect immediately from and after the date of its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 4th day of .1une , 1996. � � ORD. N0. 96-40 2 APPROVED: � � /, � William D. Tate Mayor ATTEST: � � � Linda uff City Secretary APPROVED AS TO FORM: ��n�=__�__`��.a7��/'���' �,_.-- �--_._. �„ John F. Boyle, Jr. City Attorney � � ORD. NO. 96-40 3