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HomeMy WebLinkAbout17197 ORD - 08/11/1982AN ORDINANCE AMENDING CODE SECTION 35-161 TO INCREASE SURETY BOND REQUIREMENTS; AMENDING CODE SECTION 35-162 TO INCREASE THE FINANCIAL CAPACITY REQUIRED FOR SELF-INSURANCE; AND PROVIDING FOR AN EFFECTIVE DATE WITH A TRANSITION PERIOD, SEVERANCE AND PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Code of Ordinances of the City of Corpus Christi be amended by amending Section 35-161 thereof to increase the surety bond requirements from $10,000 to $20,000 and add violations of this article to the list of losses covered. Said section shall hereafter read as follows: Each applicant shall file a bond with the superintendent, executed by the applicant as principal and by a good and sufficient corporate surety company. Said bond shall provide that the principal will remedy any and all damages to the streets, curbs, gutters, waterlines, fire hydrants and other public property, occasioned in any manner by the principal, his agents, employees, servants and contractors, and that applicant will reimburse the city for any expenditures made by the city under the authority granted in section 35-135 and for any violation of this article. Such bonds shall inure to the benefit of the city; shall be in a form acceptable to the city attorney; and shall be in the amount of twenty thousand dollars ($20,000.00). Applicant shall not be required to post additional bond if he has in effect and on file with the superintendent an approved bond, filed in connection with some other application for the same applicant, in the amount of twenty thousand dollars ($20,000.00) as required by this section. Each bond shall be for a term of five (5) years and shall be kept in effect by renewal on or before any expiration date unless the applicant is sooner released by the superintendent. SECTION 2. That the Code of Ordinances of the City of Corpus Christi be amended by amending Section 35-162 thereof by increasing the minimum financial capacity required of an applicant to obtain a waiver of the insurance and surety bond requirements from $300,000 to $20,000,000. Said section shall hereafter read as follows: The city counCil may waive the requirements for any bond or policies of insurance, which are required under this article, as to any applicant who is financially responsible and capable of meeting obligations for amounts in excess of twenty million dollars ($20,000,000.00) upon applicant's filing with the superintendent, in lieu of said surety bond and insurance repirements, a letter of acceptance and indemnity, approved by the city attorney, binding and obligating said applicant to abide by the conditions for which surety bond and insurance policies are required as prescribed above and agreeing to indemnify and hold the city harmless from liability growing out of or 17197 SEP 2 8 1984' MICROFkmw attributable to the granting of permits hereunder to such applicant. SECTION 3. That this Ordinance shall be effective beginning August 15, 1982; provided that any applicant in compliance with the existing ordinances for current operations shall be allowed to defer compliance with the aforesaid amendments until such applicant shall file any new application under this Article or request the renewal of any existing application or bond currently in effect; however, in no event shall noncomplaince with the amendments herein be deferred beyond August 15, 1983. SECTION 4. If any clause, provision, or section of this Ordinance should be held illegal or invalid by any court of competent jurisdiction, the illegality or invalidity of such clause, provision or section shall not affect any of the remaining clauses, provisions or sections hereof, and this Ordinance shall be construed and enforced as if such illegal or invalid clause, provision or section had not been contained herein. SECTION 5. Publication shall be made one time in the official publication of the City of Corpus Christi by publishing the caption of this Ordinance, stating in substance its purpose. That the foregoing ordinance wasjead for t " second reading on this the e:Pi day of following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky fi st time nd passed to its by the That the foregoing ordinance 1 s read for third reading on this the day of following vote: Luther Jones Betty N. Turner . Jack K.-Eumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky second ime aq4Apassed to its , by the That the foregoingAerdinance w ead for the two ime and passed finally on this the ir"---day of , 1946'2/, by the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky PASSED AND APPROVED, this the //d/ ATTEST: ---J6!lecre.tary APPINIVED: 1-Y1—DAY OF , J. BRUCE Yj TY ATTORNEY By Assis nt City Attorney THE 4FY OF CORPUS CHRISTI, TEXAS 171_97 PUBLISHER'S AFFIDAVIT STK& OF TEXAS, t„ _County of Nueces. J #V394181 - CITY OF C.C. (?/97 Before me, the undersigned, a Notary Public, this day personally came_ LORRAINE C. MARTINEZ who being first duly sworn, according to kW/, says that he is the ACCOUNTING CLERK of the Corpus Christi Caller and The Corpus Christi limes, Daily Newspapers published at Corpus Christi, Texas,, in said County and State, and that the publication of NOTICE OF PASSAGE,... of which the annexed is a true copy, was published in THE CORPUS CHRISTI CALLER -TIMES on the -1 6thday AUGUST 19_.2., and once each day .thereafter for one consecutive cla Times. 23 . 4Q LORRAINE C. MARTINEZ oxlimaing., ,Y)204P-zr,zt, ACCOUNTING CLERK Subsciihed and sworn to before me this.. 91-3-1 day of ATTGUT. 19 EUGENIA S. CORTEZ ...„„).Tiotary Pub c, Nueces County, Texas 'NOTICE -0 PASSAGE ORDINANCE N0:17197 AMENDING .CODE SEC TION 35-161 TO'INCREA SURETY Bi)ND REQUIRE./ MENTS; AMENDING CODE SECTION 35-162 TO INCREASE TRE FINANi CIAL CAPACITY REA QUIRED FOR SELF -I 4 SURANCE:- AND PROVIDING FOR AN EF:. FECTIVE DATE WITH A TRANSITION PERIOca SEVERANCE AND PUBLI; CATION,: Was passed and approved by, the City Council of the CItypf, Corpus Christi, Texas on f he Ilth day of AU91..5t, 1982. TIN! full text of said ordinance Is available to the public In thp, Office of the City SecretanM .s. Bill G. ReNS " City Secretar, Co us Christi, Tex N.