HomeMy WebLinkAboutORD 1294 - ORD Relating to Trench Safety Systems Amending Code of Ordinances and the Building Code of West U
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ORDINANCE NUMBER 1294
AN ORDINANCE RELATING TO TRENCH SAFETY SYSTEMS; AMENDING THE
CODE OF ORDINANCES AND THE BUILDING CODE OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS; CONTAINING FINDINGS AND PROVISIONS
PERTAINING TO THE SUBJECT; AND DECLARING AN EMERGENCY.
WHEREAS, recent State legislation requires the City to adopt an
ordinance relative to trench safety.
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY
PLACE, TEXAS:
Section 1. That the Code of Ordinances, City of West University
Pl ace , Texas, is hereby amended to add a secti on, to be n'umbered 6-54,
which said section reads as follows:
Sec. 6-54.
Trench Safety SYstems.
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(a) On every construction project in which trench excavation
will exceed a depth of five feet, the bid documents and the
contract for the project must include the following:
(1) Detailed plans and specifications for trench safety
systems that meet Occupational Safety and Health
Administration standards.
(2)W:ithin the',p'lans and spee:ifications, a pay item for the
trench safety systems;
(b) The building offiCial shaH requfre, on every project
which includes any significant trench or excavation, that any
tequir'ed perm'itapl>,licationinclude','a cert'if,icate:'signed and
seale'd bY a re'g;istered professional engineer which states that
plans and specifications for the project have been prepared by the
engineer or under the engineer's direction and control and either:
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(1) that the project does not involve any trench excavation
that will exceed a depth of five feet; or
(2) that the project does involve trench excavation that
will exceed five feet in depth and that the bid
documents and the contract for the project comply with
subsection (a) of this section.
(c) In cases of projects for which only a plumbing permit is
required a licensed master plumber or a registered professional
engineer may make',the'certificate required by this section.
Section 2. All ordinances and parts of ordinances in conflict
herewith are hereby repealed to the e~tent of the conflict on'y~This
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ordinance shall be deemed to be included in the Building Code and other
applicable ordinances of the city.
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Section 3. If any word, phrase, clause, sentence, paragraph,
section or other part of this ordinance or the application thereof to
any person or circumstance, shall ever be held to be invalid or
unconstitutional by any court of competent jurisdiction, the remainder
of this ordinance and the application of such word, phrase, clause,
sentence, paragraph, section or other part of this ordinance to any
other persons or circumstances shall not be affected thereby.
Section 4. The City Council officially finds, determines and
declares that a sufficient written notice of the date, hour, place and
subject of each meeting at which this ordinance was discussed,
considered or acted upon was given in the manner required by the Open
Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended,
and that each such meeting has been open to the public as required by
law at all times during such discussion, consideration and action. The
City Council ratifies, approves and confirms such notices and the
contents and posting thereof.
Section 5. The public importance of this measure and the
requirements of the law create an emergency and an urgent public
necessity requiring that this Ordinance be passed and take effect as an
emergency measure, and a state of emergency is hereby declared, and
this Ordinance is accordingly passed as an emergency measure and shall 01'11
take effect and be in force as soon as legally possible.
Section 6. This ordinance takes effect on the tenth day following
its publication, as required by Section 2.12 of the City Charter,
except that the non-penal provisions of this ordinance shall take
effect immediately upon passage and signature of the Mayor
PASSED AND APPROVED this ~ day of August , 1987.
Councilmembers Voting Aye:
Mayor Parks, Councilmembers
Bryan, Bell, Britton,
Schwartzel
Councilmembers Voting No:
None
Councilmembers Absen~:
None
Michael L. Parks, Mayor
ATTEST:
Approved as to Form:
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Audrey Nichols
City Secretary