(A) No person, firm or corporation, except a licensed mover, hereinafter referred to as mover, shall move any building or structure across, over, along or through any sidewalk, street or alley or highway, public way or public place within the corporate limits of the City of Heath, except as hereinafter specifically provided in this chapter, and every such mover, before engaging in such moving, shall have made application to the Building Inspector of the City of Heath for a license, and the license shall have been approved and issued for the current year.
(1) The fee for the license shall be $50 per annum, payable on January 1 of each successive year.
(2) An original license obtained after January 1 shall be prorated to the nearest month.
(3) Before the license is issued, the applicant shall file with the City Secretary a surety bond in a form approved by the City of Heath in the sum of not less than $5,000, saving and keeping the City of Heath harmless from any and all costs, damages and suits that the mover may incur or become liable for in consequence of the injury to any person, private or public property in any manner occasioned in or about the moving of buildings or structures within the city, and to pay for any and all damages to the property that might arise from the use of any of the streets, alleys, boulevards or other public places or ways in the city in the moving of the buildings or structures, and the bonds shall contain a provision for a ten-day written notice to the city of cancellation by the surety; and provided, further, that the surety shall be a licensed insurance company in the State of Texas which is authorized to issue surety bonds and to act as surety or insurer for the mover; and provided, further, that the applicant shall also file with the City Secretary a public liability and property damage insurance policy certificate naming the applicant as the assured and providing for payment of any liability imposed by law upon such applicant to the extent of $10,000 for each person for bodily injury liability and $20,000 for bodily injury liability for each accident, and $5,000 for each accident for property damage liability.
(B) Upon execution of the bond and certificates of insurance, and their approval by the City of Heath, the Building Inspector shall inspect, or cause to be inspected, the equipment and facilities to be used by the mover, and shall determine that the size, design, safety features and equipment of the vehicle and appurtenances are such that their operation on public property shall not cause damage to the pavement or other public improvements, and that the knowledge and experience of the operators is such that the operation of the equipment shall not create a hazard or inconvenience to the public, and upon approval by the city of the equipment and facilities and payment of the license fee, the license shall be issued to the mover.
(1) The license and policy shall run concurrently with the bond, and all such licenses shall expire on December 31 of the year next-following their issuance.
(2) It shall be unlawful for any mover to lend, rent or transfer his or her license, or any right therein contained, to any person, firm or corporation, or for any person to make use of such rights that are not actually his or her own.
(3) Moving subcontractors shall be licensed and bonded as herein provided.
(3) No licensed mover shall allow his or her, or their names to be used by any person, directly or indirectly, to obtain moving permits except as herein provided.
(C) Nothing herein shall require a license for the movement of super-heavy or over-sized equipment for the transportation of commodities over any state or federal highway within the limits of the City of Heath when the movement is within the limits of a valid permit from the State Highway Department, as required by Tex. Trans. Code, § 623.071, and when evidence of the permit is presented to the Building Inspector.
(2005 Code, § 9-7-1) (Ord. 67, passed 5-6-1976) Penalty, see § 10.99