ORD 1042 01/08/2013 or c
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"City of Choice"
Ordinance Number 1042
AN ORDINANCE AMENDING CHAPTER 14, ARTICLE III, DIVISION 2 OF THE CITY OF
CIBOLO'S CODE OF ORDINANCES TO REQUIRE RESIDENTIAL CONTRACTORS TO
FILE A SURETY BOND, SETTING REQUIRED AMOUNT OF BOND AND PROVIDING
PROCEDURES FOR FILING ON THE BOND; PROVIDING LEGISLATIVE FINDINGS IN
SUPPORT THEREOF; PROVIDING FOR SEVERABILITY, THE REPEAL OF
CONFLICTING ORDINANCES AND REGULATIONS AND AN EFFECTIVE DATE
WHEREAS, the City of Cibolo's Code of Ordinances currently includes regulations governing
building construction standards and related requirements of builders seeking to construct
residential and other types of structures in the City of Cibolo and these regulations serve to
ensure the greatest amount of protections to property owners and homebuyers for their health,
safety and welfare; and
WHEREAS, the City Council has determined that it is in the best interest of the citizens,
property owners and homebuyers who construct residential buildings in the City of Cibolo to
amend the City's Code of Ordinances' regulations to include a requirement that all residential
contractors secure and file a surety bond in the amount of twenty-five thousand dollars ($25,000)
as an additional protection for homebuyers and property owners to fully ensure that defective
construction of residential buildings is remedied at the least possible expense to the homebuyer
or property owner.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CIBOLO, TEXAS:
I.
CHAPTER 14 OF THE CODE OF ORDINANCES AMENDED
SECTION 1. Chapter 14, Art. III, Division 2 of the Cibolo Code of Ordinances is hereby
amended as follows:
Sec. 14-93. —Registration requirements.
(1) Contractors, general.
a. Registration requirements. The contractor must complete a registration form
&hold the appropriate license or equivalent issued by the State of Texas.
b. Insurance requirements. Where required by state law the contractor must hold
the appropriate amount of insurance as required by the State of Texas and
provide proof of insurance to the city. Contractors not required to hold specific
insurance by the State are required to obtain at least $1,000,000.00 of General
liability insurance with completed operations.
c. Surety bond requirements. A residential contractor shall file with the
Building Official a surety bond in the penal sum of Twenty-Five
Thousand Dollars ($25,000.00), payable to the City and conditioned on a
faithful performance of all of the provisions and regulations of this
Chapter as well as all other ordinances of the City, and the surety on such
bond shall be a company authorized to transact business in the State of
Texas.
c-1. Filing on a residential contractor bond. In the event that a citizen has a
contractor who performs work that is found to be a code violation and the
contractor refuses to make the corrections, the citizen can take action to
file on the bond under the following process:
1. Upon receiving a written complaint from a citizen regarding a code
violation for which the contractor will not take corrective action, Building
Inspections shall investigate and perform a site inspection to document
and verify the alleged violations. Once the validity of the violation is
established, the complainant shall provide the following:
a. A copy of the contractor's proposal,bid or contract.
b. Proof of any money paid by the complainant to the contractor.
c. List any action taken by the complainant to have the contractor
complete the work with the dates the actions were taken.
2. Once this information is provided, Building Inspections will send a
letter (certified and regular mail) to the contractor identifying the code
violation and specifying a time frame for the contractor to correct the
violations and have an inspection scheduled to verify the corrective action
complies with the applicable code. (It is required that the contractor be
given the opportunity to make the corrections)
3. If the contractor does not respond or does not correct the violations,
then Building Inspections will file on the contractors bond by sending a
certified letter to the bonding company including the following
information:
a. identifying the violations;
b. a copy of the contractor's proposal,bid or contract
c. proof of any money paid by the complainant to the contractor;
and
d. list any action taken by the complainant to have the contractor
complete the work with the dates the actions were taken.
4. The complainant shall provide three bids for correction of the violations
and these bids will be sent to the bonding company,by the City, in the
certified letter indicated in#3 above.
5. The bonding agent will respond back in writing and authorize steps to
make corrections within ten working days after receiving the certified
from the City.
6. Building Inspections will verify that the authorized corrections comply
with code and shall notify the bonding agent.
7. The bonding agent will authorize payment.
II.
This Ordinance shall be cumulative of all provisions of ordinances of the City of Cibolo, Texas,
except where the provisions of the Ordinance are in direct conflict with the provisions such
ordinances, in which event the conflicting provisions of such ordinances are hereby repealed.
III.
It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences,
paragraphs, and sections of this Ordinance are 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 and sections of this Ordinance, since the
same would have been enacted by the City Council without the incorporation in this Ordinance
of any such unconstitutional phrase, clause, sentence,paragraph or section.
IV.
This Ordinance shall become effective immediately upon its passage, approval and publication
as provided by law.
PASSED, APPROVED, AND ADOPTED on this 2 day of Ito 2013 at a regular meeting
of the City Council of the City of Cibolo, Texas which meeting was held in compliance with the
Open Meetings Act, Tex. Gov't Code, §551.001, et.seq. and at which meeting a quorum was
present and voting.
'fer it man, Mayor A;
ATTEST:
/may q�
Peggy Cimics, City Secretary
A Iro ed to Form:
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ton,Navarro, Roc .
,' Bernal, P.C.,
City Attorney