Ordinance No. 5,0701-1
80811 -1
ORDINANCE.NO. 5070.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING SECTION 7 -50, "LEVELER'S INSURANCE," OF
CHAPTER 7, "BUILDINGS," OF THE CODE OF ORDINANCES;
REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS
CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Section 7 -50 of the Code of Ordinances,
City of Baytown, Texas, is hereby amended to read as follows:
Sec. 7 -50. Leveler's insurance.
(a) When a leveler applies for a permit to level
a house or building, or repair the foundation of a
house or building, he shall submit to the department of
building inspection a general liability certificate of
insurance showing description of operations as house
leveling. Such insurance policy shall be issued by an
insurance company licensed to do business in this state
or by a carrier on the list of "Unauthorized Insurers
Recognized As Eligible Insurers And Suitable Insurers
For Surplus Lines Insurance In Texas" published by the
State Board of Insurance, and be in the sum of at least
One Hundred Thousand Dollars ($100,000.00) combined
single limit for property damage and bodily injury
sustained by one or more persons and shall be
conditioned that the obligor therein will pay, to the
extent of the face amount of the insurance policy, all
judgments which may be recovered against the leveler,
or his servants, officers, agents or employees, that
are committed in the performance of their duties. Such
insurance policy shall be further conditioned that such
person so injured shall have the right to sue directly
upon the policy in his own name, and the same shall be
subject to successive suits fora recovery until a
complete exhaustion for the face amount thereof.
(b) Such insurance policy shall be further
conditioned that if the leveler abandons or wholly
fails to carry out the provisions of any contract with
a property owner for his services, the same shall be
prima facie evidence of the right of the property owner
® to demand and recover up to the full face amount of
such insurance policy as damages for such failure to
provide the service as contracted.
C,
C
80811 -1a
® Section 2: All ordinances or parts of ordinances
inconsistent with the terms of this ordinance are hereby
repealed; provided however, that such repeal shall be only to the
extent of such inconsistency and in all other respects this
ordinance shall be cumulative of other ordinances regulating and
governing the subject matter covered by this ordinance.
® Section 3: If any provisions, section, exception,
subsection, paragraph, sentence, clause or phrase of this
ordinance or the application of same to any person or set of
circumstances, shall for any reason be held unconstitutional,
void or invalid, such invalidity shall not affect the validity of
the remaining provisions of this ordinance or their application
to other persons or sets of circumstances and to this end all
provisions of this ordinance are declared to be severable.
Section 4: This ordinance shall take effect immediately
from and after its passage by the City Council of the City of
Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown, this the 11th day of August,
1988.
ATTEST:
LYNDAPtLGORE, Depute City Clerk
RANDALL B. STRONG, City rney
C:1:11:7
C1
L� -
r
TT 0. HUTTO, Mayor
C
11