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HomeMy WebLinkAboutOrd 073-2003 Contractor Registration.pdfCITY OF ANNA ORDINANCE NO. 73-2003 AN ORDINANCE OF THE CITY OF ANNA, TEXAS, ESTABLISHING REQUIREMENTS FOR THE REGISTRATION OF CONTRACTORS PERFORMING PLUMBING, ELECTRICAL, MECHANICAL, IRRIGATION, AND CONSTRUCTION DEBRIS REMOVAL AND DISPOSAL SERVICES IN THE CITY OF ANNA, TEXAS: PROVIDING FOR A FEE FOR SUCH REGISTRATION; PROVIDING FOR THE REVOCATION OF A CONTRACTOR'S REGISTRATION; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THE ORDINANCE; PROVIDING FOR REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Anna, Texas ("City Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Anna, Texas to require the registration of contractors performing plumbing, electrical, mechanical, irrigation, and construction debris removal and disposal services in Anna. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1: Reaistration Reauired A. It shall be unlawful for any person, firm, corporation or business entity in the business of contracting services which require, by State law or local Ordinance, a license to perform such services, to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any plumbing, electrical, mechanical, irrigation, or private sewage disposal system in Anna, unless such person, firm, corporation or business entity is the holder of a valid registration with Anna. Such person, firm, corporation or business entity shall be herein designated Applicant or Registrant. B. Registration shall also be required for any person, firm, corporation or business entity providing removal and disposal of construction debris services, including reproofing contractors, in the City of Anna, Texas. C. In extending the rights and privileges of such registration, Anna makes no statement of the technical competency of those so registered, and no manner of license is proffered. D. No permit to perform work on any plumbing, mechanical, electrical, irrigation, or private sewage wastewater disposal system shall be issued to any person, firm, corporation or business entity without prior registration; provided, however, property owners performing work on their primary place or residence shall be exempt form the registration requirements. Section 2: Application for Registration. A. An Application for registration under this Ordinance shall provide to the Office of the Chief Building Official the following information: Resolution 73-2003 Page 1 of 3 April 22, 2003 1. The complete name, mailing address, and telephone number of the person, firm, corporation or entity making application: if the Application is a firm, corporation or business entity, there must be provided the name and private mailing address of a principal of the firm, corporation or business entity who is authorized to bind the firm, corporation or business entity in legal agreements. Each Applicant must also provide the names of all employees authorized to obtain permits. 2. A copy of the Applicant's valid license, issued by the appropriate State board or agency with the authority to issue licenses for that particular trade. In the case of electricians, a Master license form another municipality may be accepted. 3. Proof of liability insurance in the amount of $500,000 or a bond in the amount of $500,000. 4. Make, model, and registration number on all vehicles used in the removal and disposal of construction debris. 5. Any other information deemed necessary by the Chief Building Official Section 3: Transfer of Registration Prohibited. No registrant under this Ordinance shall for any purpose allow its registration, by name or any other identification, to be transferred to, assigned to, or in any manner directly or indirectly used by, any person, firm, corporation or business entity other than the one to whom the registration was issued. Section 4: Reauirement to Update Information Provided under Section 2. If a change occurs in the information previously provided by Registrant under the provisions of Section 2 above, then Registrant shall provide written notice of the updated information to the Chief Building Official within thirty (30) days of the change. Section 5: Registration Fee and Renewal. The fee for registration shall be Fifty Dollars ($50.00) and shall be submitted with each application for registration. Registration shall expire annually on the date of the initial registration and shall be routinely reactivated by the payment of a renewal fee if the application information remains accurate. The fee for renewal shall be the same as for the initial registration. No permits will be issued to a contractor whose registration has expired. Section 6: Revocation of Registration. A Registrant's privileges under this Ordinance may be revoked, temporarily or permanently, for providing false or misleading information; failure to provide updated information within thirty days of such change; failure to maintain trade licensure from the appropriate agency having licensing authority; suspension of licensure; transferring or allowing another person, firm, or corporation to use registration; failure to maintain certificate of liability insurance; conviction of two violations to this or any Ordinance of the City of Anna within a twelve month period; or for any conviction of illegal dumping. Resolution 73-2003 Page 2 of 3 April 22, 2003 Section 7: Penalty for Violation. Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction therof shall be fined any sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude the City of Anna from filing suit to enjoin the violation. The City of Anna retains all legal rights and remedies available to it pursuant to local, state and federal law. Section 8: Repeal Provision. All provisions of any Ordinance in conflict with this Ordinance are hereby repealed: but such repeal shall not abate any pending prosecution for violation of the repealed Ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance. Section 9: Severability Provision. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. The City of Anna hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional. Section 10: Publication of Caption. The caption of this Ordinance shall be published in accordance with the laws of the State of Texas and shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Anna, Texas, on this the 22nd day of April, 2003. ATTEST: City Secretary APPROVED: Resolution 73-2003 Page 3 of 3 April 22, 2003