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06-037 - O TOWN OF PROSPER ORDINANCE NO. 06-37 AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, ESTABLISHING REQUIREMENTS FOR THE REGISTRATION OF CONTRACTORS PERFORMING GENERAL, MECHANICAL, ELECTRICAL, PLUMBING, IRRIGATION, BACKFLOW TESTING, CUSTOMER SERVICE INSPECTIONS, WATER WELL DRILLING, SIGN INSTALLATION OR PRIVATE SEWAGE DISPOSAL SYSTEMS IN THE TOWN OF PROSPER, 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 Town Council of the Town of Prosper, Texas ("Town Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the Town of Prosper, Texas ("Town") to require the registration of contractors performing general, mechanical, electrical, plumbing, irrigation, backflow testing, customer service inspections, water well drilling, sign installation or private sewage disposal system installation in the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: Registration Required. 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 or registration to perform such services, to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any structure, mechanical, electrical, plumbing, irrigation, water well, sign or private sewage disposal system in the Town, unless such person, firm, corporation or business entity is the holder of a valid registration with the Town. 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 roofing contractors. Backflow testers shall not be eligible to approve test reports for backflow devices unless they hold a valid and current registration with the Town. Customer Service Inspectors and Water Supply Protection Specialists shall not be eligible to perform inspections unless they hold a valid and current registration with the Town. C. In extending the rights and privileges of such registration, the Town makes no statement of the technical competency of those so registered, and no manner of license is offered. D. No permit to perform work on any mechanical, electrical, plumbing, irrigation, water well drilling, sign installation or private sewage wastewater disposal system shall be issued to Page 1 of 8 any person, firm, corporation or business entity without prior registration; provided, however, property owners performing work on their primary place of residence, with a homestead exemption, shall be exempt from the registration requirements. Section 2: Application for Registration. A. An application for registration under this Ordinance shall provide to the Building Official the following information: 1. General Contractors are required to submit the following information: a. A completed contractor registration application supplied by the Town. b. A valid driver's license of the contractor or a responsible officer of the company that employs the contractor. c. Proof that the contractor or the contractor's employer maintains liability insurance in the minimum amount of One Hundred Thousand Dollars ($100,000.00) or a bond of equal value. d. Proof that the contractor or the contractor's employer is registered with the Texas Residential Construction Commission (TRCC), unless exempted by the TRCC. e. Any other information deemed necessary by the Building Official. 2. Mechanical Contractors are required to submit the following information: a. A completed contractor registration application supplied by the Town. b. A valid driver's license of the contractor or a responsible officer of the company that employs the contractor, including a valid driver's license of the mechanical license holder, if different. c. Proof that the contractor or the contractor's employer maintains liability insurance in the minimum amount of One Hundred Thousand Dollars ($100,000.00) or a bond of equal value. d. A valid mechanical license issued by the State of Texas to the contractor or a responsible officer of the company that employs the contractor. e. Any other information deemed necessary by the Building Official. 3. Electrical Contractors are required to submit the following information: a. A completed contractor registration application supplied by the Town. b. A valid driver's license of the contractor or a responsible officer of the company that employs the contractor, including a valid driver's license of the master electrical license holder, if different. Page 2 of 8 c. Proof that the contractor or the contractor's employer maintains liability insurance in the minimum amount of One Hundred Thousand Dollars ($100,000.00) or a bond of equal value. d. A valid master electrical license issued by the State of Texas to the contractor or a responsible officer of the company that employs the contractor. e. Effective January 1, 2007 all electrical contractors requesting registration with the Town shall be licensed by the State of Texas as an electrical contractor. Proof of said license shall be submitted with the registration application. f. Any other information deemed necessary by the Building Official. 4. Plumbing Contractors are required to submit the following information: a. A completed contractor registration application supplied by the Town. b. A valid driver's license of the contractor or a responsible officer of the company that employs the contractor, including a valid driver's license of the master plumber license holder, if different. c. Proof that the contractor or the contractor's employer maintains liability insurance in the minimum amount of One Hundred Thousand Dollars ($100,000.00) or a bond of equal value. d. A valid master plumbing license issued by the State of Texas to the contractor or a responsible officer of the company that employs the contractor. e. Any other information deemed necessary by the Building Official. 5. Irrigation Contractors are required to submit the following information: a. A completed contractor registration application supplied by the Town. b. A valid driver's license of the contractor or a responsible officer of the company that employs the contractor, including a valid driver's license of the irrigation license holder, if different. c. Proof that the contractor or the contractor's employer maintains liability insurance in the minimum amount of One Hundred Thousand Dollars ($100,000.00) or a bond of equal value. d. A valid irrigation license issued by the State of Texas to the contractor or a responsible officer of the company that employs the contractor. e. Any other information deemed necessary by the Building Official. Page 3 of 8 6. Backflow Testing Contractors are required to submit the following information: a. A completed contractor registration application supplied by the Town. b. A valid driver's license of the contractor or a responsible officer of the company that employs the contractor, including a valid driver's license of the backflow license holder, if different. c. A valid backflow testing license issued by the State of Texas to the contractor or a responsible officer of the company that employs the contractor. d. Proof of gauge calibration within the preceding twelve months. e. Any other information deemed necessary by the Building Official. 7. Customer Service Inspector (CSI) Contractors are required to submit the following information: a. A completed contractor registration application supplied by the Town. b. A valid driver's license of the contractor or a responsible officer of the company that employs the contractor, including a valid driver's license of the State of Texas license holder, if different. c. A valid Customer Service Inspector license issued by the Texas Commission on Environmental Quality (TCEQ) to the contractor or a responsible officer of the company that employs the contractor; or d. A valid Water Supply Protection Specialist (WSPS) endorsement issued by the Texas State Board of Plumbing Examiners (TSBPE) to the contractor or a responsible officer of the company that employs the contractor. e. Any other information deemed necessary by the Building Official. 8. Water Well Installers are required to submit the following information: a. A completed contractor registration application supplied by the Town. b. A valid driver's license of the installer or a responsible officer of the company that employs the installer, including a valid driver's license of the water well installer license holder, if different. c. Proof that the installer or the installer's employer maintains liability insurance in the minimum amount of One Hundred Thousand Dollars ($100,000.00) or a bond of equal value. Page 4 of 8 d. A valid water well installer license issued by the State of Texas to the installer or a responsible officer of the company that employs the installer. e. Any other information deemed necessary by the Building Official. 9. Sign Installation Contractors are required to submit the following information: a. A completed contractor registration application supplied by the Town. b. A valid driver's license of the contractor or a responsible officer of the company that employs the contractor, including a valid driver's license of the sign electrician license holder, if different. c. Proof that the contractor or the contractor's employer maintains liability insurance in the minimum amount of One Hundred Thousand Dollars ($100,000.00) or a surety bond in the sum of Five Thousand Dollars ($5,000.00). d. A valid master sign electrician or a valid master electrician license issued by the State of Texas to the contractor or a responsible officer of the company that employs the contractor. e. Any other information deemed necessary by the Building Official. 10. On-Site Septic Facility (OSSF) Installers are required to submit the following information: a. A completed contractor registration application supplied by the Town. b. A valid driver's license of the installer or a responsible officer of the company that employs the installer, including a valid driver's license of the OSSF installer license holder, if different. c. Proof that the installer or the installer's employer maintains liability insurance in the minimum amount of One Hundred Thousand Dollars ($100,000.00) or a bond of equal value. d. A valid OSSF license issued by the State of Texas to the installer or a responsible officer of the company that employs the installer. e. Any other information deemed necessary by the 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. Page 5 of 8 Section 4: Requirement 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 Building Official within thirty (30) days of the change. Section 5: Registration Fee and Renewal. Contractor Registration period shall begin from January 1st and expire annually on December 31st. The annual fee for registration shall be One Hundred Dollars ($100.00) and shall be submitted with each complete application for registration. Registration shall be renewed annually by completing a new application, as supplied by the Town. The fee for renewal shall be the same as for the initial registration. Contractor registration fees shall not be pro- rated for registrations or renewals applied for after January 31st. No permits shall be issued and inspections may be placed on hold for a contractor whose registration has expired. Section 6: Revocation of Registration. A contractor's registration may be revoked, temporarily or permanently, by the building official for any of the following reasons: 1. The contractor fails to request and obtain a final inspection prior to the expiration of a permit; 2. The contractor allows use or occupancy of a structure for which a permit was obtained without first obtaining the required authorization from the Town; 3. The contractor has been found by the building official to have been grossly negligent in the performance of work; 4. The expiration, suspension or revocation of the contractor's license issued by the State of Texas; 5. The contractor provides false or misleading information; 6. The contractor fails to provide updated information within thirty days of any changes; 7. The contractor transfers or allows another person, firm, or corporation to use their registration; 8. The contractor, as required, fails to maintain the minimum required certificate of liability insurance; 9. The contractor has committed two violations of this or any ordinance of the Town within a twelve month period; or 10. The contractor has been convicted of a violation of any law of the State of Texas directly related to the building & construction trades. Page 6 of 8 Section 7: Appeal of revocation by the building official. A contractor whose registration has been revoked may appeal the action to the building code appeals board. In the case of an appeal to the construction board of appeals, the action of the building official shall stand until the final determination of the appeal is made by the construction board of appeals. The appeal must be filed, in writing, within ten business days of the suspension of the contractor's registration. After hearing the appeal, the construction board of appeals may take the following action: 1. Affirm the suspension; 2. Overrule the suspension and reinstate the registration of the contractor for the remaining period of time paid for; 3. Affirm the suspension, but waive any or all of the reinstatement requirements set forth in Section 8; or 4. Affirm the suspension and require conditions for reinstatement in addition to those set forth in Section 8 including but not limited to, prohibiting reinstatement for up to six months. Section 8: Reinstatement of registration. A contractor whose registration has been suspended may reapply for registration if: 1. All circumstances leading to the suspension have been corrected; 2. The contractor reapplies for registration; 3. The registration fee is paid; and 4. Any additional conditions set by the construction board of appeals pursuant to Section 7 have been met. Section 9: Penalty for Violation. Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof 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 Town from filing suit to enjoin the violation. The Town retains all legal rights and remedies available to it pursuant to local, state and federal law. Section 10: 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. Page 7 of 8 Section 11: 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 Town 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 12: 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. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS on this 25th day of April 2006. Charles Ni wange ayor ATT Douglas i.'ousel, Town Administrator `��IIIIIIII/// •\‘ OF r 1 / •. • i I • • • ' • • • /''0'I/TEXAS ®``♦ Date(s)of Publication: , The Dallas Morning News-Collin County Edition Page 8 of 8 Town of Prosper Resolution No. 06-37 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS HEREBY AUTHORIZING THE MAYOR OF THE TOWN OF PROSPER, TEXAS TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF PROSPER AND BLUE STAR LAND, L.P. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: The Mayor of the Town of Prosper, Texas is hereby authorized to execute, on behalf of the Town Council of the Town of Prosper, Texas a Memorandum of Understanding between the Town of Prosper and Blue Star Land, L.P. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 11th DAY OF APRIL, 2006. C arle `Niswanger, M ATTEST 0: hanae Jennings Town Secretary AFFIDAVIT OF PUBLICATION STATE OF TEXAS COUNTY OF DALLAS Before me, a Notary Public in and for Dallas County, this day personally appeared Lynda Black, Legal Advertising Representative for the DALLAS MORNING NEWS being duly sworn by oath, states the attached advertisement of: Town of Prosper as published in The Dallas Morning News—Metro Collin County Edition on: May 10, 2006 May 11, 2006 (Lynda Black) Sworn to and subscribed before me this May 11, 2006, A.D \.‘ v,TTE�y ��i, (Lisa Batte d) PUeGO i 6s9PIRES, `� Lease or Lease to Large 3bd/[ ! 6Lif of Metroplex:East �_ Own. J 2ba, fridge,sprinkler, full Home 4bd— Dallas—"�$1 upgrades, flex terms 655 Fern Lake Road nns0800174981 6Ex 58741 Brittany g $1195.own/agt 214-636- 46tl/4ba Wks old, KC Pups, , r uttne.a 9 terms home on 87.3 AKC, all shots, '/ improved acre farm. beautifully marked, '� A Fenced champion blooldlines. 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ES -'adorable ewk of FOR PROVIDI G ram 2-772-9727,►,r goo-s47.too7 long eared NORTEL PHONE NA ETHIS Ic wormed, THIS OR I.• 903-364-2045 SYSTEMS Brand ING FOR AND PROVI - new with warrantyCATIO THE PUBCI- $2,000. Call (972) 359 95r LION HEREOF. CAP- ----- ---------____________