1994R07- LOCAL INSPECTION OF MANUFACTURED HOUSIING
.,
RESOLUTION NO. 9tj~ If-I}
A RESOLUTION
AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH THE DEPARTMENT OF LICENSING
AND REGULATION FOR LOCAL INSPECTION OF
MANUFACTURED HOUSING.
WHEREAS, Local inspection of manufactured housing is a
convenience to the citizens of Schertz; and
WHEREAS, the building department personnel have been
trained and are qualified to perform such inspections. NOH THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS,
THAT the City Manager is authorized
with the Department of Licensing and
inspection of manufactured housing.
to execute a contract
Regulations for local
PASSED, APPROVED
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day of
Mayor, City of Schertz, Texas
ATTEST:
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City of Schertz
(SEAL OF CITY)
Department of Licensing and Regulation
CONTRACT AND AGREEMENT FOR LOCAL
INSPECTION OF MANUFACTURED HOUSING
THIS AGREEMENT, made on the 31th day of October, 1994 by and between the Texas
Department of Licensing and Regulation, (hereinafter referred to as "TDLR") located at
E.O. Thompson State Office Building, 920 Colorado Street, Austin, Texas 78701 and City
of Schertz (hereinafter referred to as the "City") whose business address is 1400 Schertz
Parkway, Schertz, TX 78154, Texas County of Guadalupe. This agreement is entered into
by the parties pursuant to the authority and power conferred upon the Department of
Licensing and Regulation by Article 5221f, Texas Revised Civil Statutes of Texas, the Texas
Manufactured Housing Standards Act (hereinafter referred to as "TMHSA").
WHEREAS, under the provisions of the TMHSA, TDLR is responsible for the approval and
inspection of manufactured housing to assure that such complies with the regulations, codes
and standards required for the construction and installation of manufactured housing in the
State of Texas, and whereas, the City desires to enter into an agreement to inspect and
enforce activities relating to the construction of foundation systems and the erection and
installation of manufactured housing at homesites within said City.
NOW THEREFORE, intending to be legally bound hereby, the parties, in consideration of
the inspections to be performed by the City for TDLR, their mutual covenants, and other
good and valuable consideration, it is mutually agreed as follows:
(1) This agreement shall be in effect for the period of October 31, 1994 to
January 15, 1996.
(2) Following the date of this agreement, the inspection responsibility for
manufactured housing to be located within the incorporated boundaries of
said City shall be divided between TDLR and the City as hereinafter agreed
to in this contract.
(3) TDLR shall inspect all construction of manufactured housing at the
manufacturing construction plant or facility.
(4) The City shall inspect all on-site installation construction of manufactured
housing within the incorporated boundaries of the City.
(5) The City agrees to assume full responsibility for appropriate inspection to
assure that on-site construction of installation are in accordance with the
applicable building code, plans and specifications as approved by TDLR, and
the rules and regulations promulgated by TDLR.
(6) TDLR will charge and collect from the responsible party or parties its usual
fee for normal and customary review, inspection, and alteration.
(7) The City may not require any permit, fee, bond, or insurance for the
installation of manufactured housing by a registered retailer or installer,
except as may be approved by the department.
(8) Nothing in this Agreement shall effect the City's authority to charge and
collect its normal fees for building, electrical, plumbing or other similar
applicable codes in connection with a manufactured home building site.
(9) TDLR will reimburse the usual fee to the City for inspections made pursuant
to contractual authorization by TDLR.
(10) TDLR will charge and collect from the builders, contractors, retailers,
installers, and consumers, its normal and customary inspection fee.
(11) This agreement may be terminated by the Executive Director upon Thirty (30)
days written certified notice to the City.
(12) The City may withdraw from this agreement upon thirty (30) days certified
written notice to the Executive Director of TDLR.
(13) This agreement may be reformed to be in conformity with any revisions,
deletion, amendments or additions to Article 5221f, Revised Civil Statutes of
Texas or upon mutual agreement between the parties.
(14) TDLR reserves the right to monitor any inspections performed by the City.
(15) Venue arising from any dispute between the parties involved pursuant to this
Agreement shall be Travis County, Texas.
(16) That in the event any section, or part of section or provision of this contract
be held invalid, unconstitutional, or inoperative, this shall not affect the
validity of the remaining sections, or parts of sections of this contract, but the
remainder of the contract shall be given effect as if said invalid,
unconstitutional or inoperative section, or part of section or provisions, has
not been included. In the event any penalty, right or remedy created or given
in any section or part of this contract is held invalid, unconstitutional or
inoperative, this shall not affect the validity of any other penalty, right or
remedy created or given either in the whole contract or in the Section thereof
containing such invalid, unconstitutional or inoperative part, and if any
exception to or any limitation upon any general provision herein contained
shall be held to be unconstitutional or invalid, the general provisions shall
nevertheless stand effective and valid as if the same had been agreed to
without such limitation or exceptions.
Witness our hand on the _ day of
, 1994.
City of Schertz
County of Guadalupe
State of Texas
by:
Mayor or City Manager
State of Texas
Department of Licensing and Regulation
by:
Jack W. Garison
Executive Director