HomeMy WebLinkAbout965 04-26-1988ORDINANCE NO. 965
AN ORDINANCE AMENDING ORDINANCE NO. 889 WHICH
ADOPTED THE 1985 EDITION OF THE UNIFORM BUILDING
CODE AND APPENDICES, WITH AMENDMENTS, TO PROVIDE
A PENALTY FOR VIOLATION THEREOF; AND TO PROVIDE
FOR CERTAIN TRENCH SAFETY REQUIREMENTS NOW
MANDATED BY STATE LAW; PROVIDING A SEVERABILITY
CLAUSE; A PENALTY FOR VIOLATION; AND AN EFFECTIVE
DATE.
WHEREAS, it is deemed necessary to provide minimum standards to regulate
the design, construction, materials, use and occupancy, location and maintenance to
buildings and structures, and certain equipment thereof within the city, to protect
and promote public safety, health, and welfare, and to provide a penalty for violation
of such standards; and
WHEREAS, the 70th Legislature of the State of Texas, through the adoption of
H.B. 665, did require all municipalities within the State of Texas having a building
code to include within such code's provisions certain requirements for trench safety.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS:
SECTION I.
The following sections of Part VI, entitled "DETAILED REGULATIONS ", of
Chapter 29, entitled "EXCAVATIONS, FOUNDATIONS, AND RETAINING WALLS ",
are herewith amended to be and read as follows:
"SEC. 2901. This Chapter sets forth requirements for excavation,
trenching, and fills for any building or structure and for foundations
and retaining structures.
Reference is made to Appendix Chapter 70 for requirements
governing excavations, trenching, grading and earth work
construction, including fills and embankments.
SEC. 2902. The quality and design of materials used structurally in
excavations, trenches, footings, and foundations shall conform to the
requirements specified in Chapters 23, 24, 25, 26 and 27 of this code.
On all projects in which trench excavation will exceed a depth of five
(5) feet, the bid documents and the contract must include detailed
plans and specifications for trench safety systems that meet
Occupational Safety and Health Administration standards and such
plans and specifications shall include a pay item for such trench
safety systems. This provision shall not apply to any construction
project under a contract entered into by a person subject to the
safety standards adopted under Article 6053 -1, Revised Statutes of
the State of Texas, and the administrative penalty provisions of
Article 6053 -2, Revised Statutes of the State of Texas."
SECTION 11.
Any person, firm, or corporation violating any of the terms and provisions of
this ordinance or Ordinance No. 889 adopting the 1985 Edition of the Uniform
Building Code and Appendices, with amendments, shall be deemed guilty of a
misdemeanor and, upon conviction thereof, shall be fined in an amount not to exceed
One Thousand and No /100 Dollars ($1,000.00). Each such violation shall be deemed a
separate offense and shall be punishable as such under this ordinance and such
Building Code.
SECTION M.
Severability Clause. That it is hereby declared to be the intention of the City
Council that the sections, paragraphs, sentences, clauses and phrases of this
ordinance are severable, and if any phrase, clause, sentence, paragraph or section of
this ordinance shall be declared invalid or unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such invalidity or unconstitutionality
shall not affect any of the remaining phrases, clauses, sentences, paragraphs and
sections of this ordinance, since the same would have been enacted by the City
Council without the incorporation in this ordinance of any such invalid or
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION IV.
Effective Date. This ordinance shall be in full force and effect from and after
its passage and publication as provided by the Euless City Charter and the laws of
the State of Texas.
PRESENTED AND PASSED on �n and final reading on the 26th day
of Apr;1 , 1988, at a regular meeting of the City Council of the City of Euless,
Texas, by a vote of 5 ayes, 0 nayes and 0 abstentions.
APPROVED:
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Harold Samuels, Mayor 6
ATTES'r:
Kay Rainy , City Secret y
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AP OV AS TO FO
Bob McFarland, City Attorney
MRM:0082a: msl:32988
ORDINANCE AMENDING BUILDING CODE Page 2
ORDINANCE No. 965