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HomeMy WebLinkAboutOrdinance No. 636 CITY OF THE ~LO~Y, TEXAS ORDINANCE NO. ~O ~ AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 6, BY ADDING SECTION 6-1 (D) RELATING TO TRENCH SAFETY; PURSUANT TO ARTICLE 236 A.6 (V.T.C.S) AND ARTICLE 1015 Q (V,T.C.S.); PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That Chapter 6, Section 1 of the Code of Ordinances of the City of The Colony shall be amended by adding the following: Sec. 6- (d) "The Building Official has the authority to refuse a building permit to any private construction firm who fails to certify in writing the following requirements; 1. A reference to OSHA 1926.650 653 trench safety standards. 2. A copy of geotechnical information obtained by the owner. 3. A separate price adder in the contractors bid for trench safety protection. Section 2. If any section, article paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 3. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine in a sum not to exceed Two Thousand Dollars ($2000.00) for each offense and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 4. The fact that the present ordinances and regulations of the City of the Colony, Texas, are inadequate to properly safeguard the health, safety, morals, peace, and general welfare of the inhabitants of the City of The Colony, Texas, creates an emergency for the im~iate preservation of the public .business, property, health, safety, and general welfare of the public which requires that this ordinance become effective from and after the date of its passage and it is accordingly so ordained. PASSED AND APPRO~D by the City Council of the City of The Colony, Texas on this the~ day of ~..~ , 1990. Don A~c~, Mayorv / ATTEST: Patti A, Hicks, City Secretary APPROVED AS TO FORM: City Attorney