(a)
There is attached to Ordinance 95-0706 exhibit A, entitled “Standard
Detail Pavement Cut for Utility Trench City of Buda.” The standards
set forth in exhibit A are hereby adopted as minimum standards by
the city for all cuts, excavations, and tunneling in or under any
city street or other public way within the city. Every person or legal
entity that desires to make any cuts, excavations, or tunneling of
any street or other public way within the city shall comply with these
minimum standards unless alternate plans and specifications are submitted
to the city and approved by the city engineer and city council upon
such terms and conditions as the city council or its engineer determines
to be in the best interest of the city in order to protect and preserve
public property.
(b)
For any excavating that is deeper than five (5) feet from the level
of the street, the applicant shall submit to the city a trench safety
plan that conforms to the U.S. Department of Labor Occupational Safety
and Health Administration regulations as set forth in subpart P, part
1926, Code of Federal Regulations, as they may be amended from time
to time. The application shall adhere to the trench safety plan in
the performance of the work for which the permit is issued.
(Ordinance 2017-08 adopted 8/29/17)
In addition to the requirements of exhibit A to Ordinance 95-0706,
every person to whom a permit is issued under this article shall erect
proper barricades at the site of the work covered by the permit to
inform the public that the street or other public way is being excavated,
and to prevent unobstructed passage therein, and to route traffic
around the excavation with a minimum of interference. Warning signs
shall be placed on such barricades, and all barricades shall be illuminated
at night, and all lights shall be kept burning from sunset to sunrise.
Barricades and signs shall conform to the then-current edition of
the Manual on Uniform Traffic-Control Devices, issued by the state
transportation commission.
(Ordinance 2017-08 adopted 8/29/17)
If, in the course of work performed under a permit issued under
this article, it becomes necessary to obstruct the passage over a
street completely, it shall be the duty of the permittee to inform
the city clerk, the fire department, and the police department of
such temporary closing prior to the closing.
(Ordinance 2018-05, sec. 8, adopted 4/3/18)
Streets, driveways or alleys affected by work under a permit
issued under this article shall at all times be maintained in a condition
which will provide ingress and egress to the residents living thereon.
All driveways shall be usable between 5:00 p.m. and 8:00 a.m.
(Ordinance 2017-08 adopted 8/29/17)
All valve boxes, manholes and the like within the area of the
street cut shall be brought to the true finished grade of paved streets
by persons making excavations under this article.
(Ordinance 2017-08 adopted 8/29/17)
This article shall not be construed as imposing upon the city
or any official or employee any liability or responsibility for damages
to any person injured by the performance of any excavation work for
which an excavation permit is issued hereunder, nor shall the city
or any official or employee thereof be deemed to have assumed any
such responsibility or liability by reason of inspections authorized
herein, or the issuance of any permit, or the approval of any excavation
work.
(Ordinance 2017-08 adopted 8/29/17)
Immediately upon completion of work authorized by a permit under
this article, the permittee shall remove all unused materials, dirt,
and debris. He shall see that the worksite is broom-clean and usable
by the public.
(Ordinance 2017-08 adopted 8/29/17)
The city shall have the right to inspect from time to time the
work for which a permit has been issued, and upon completion of the
work a final inspection will be done by the city or its representatives.
All substandard work and materials will be corrected and replaced
at the cost of the applicant.
(Ordinance 2017-08 adopted 8/29/17)
A certificate of completion shall be issued after completion
of the work and inspection and approval by the city. The certificate
of completion shall be issued only when the city is satisfied that
the work has been performed in compliance with the permit. It shall
not be deemed to be a certificate that the work or materials are free
from defect.
(Ordinance 2017-08 adopted 8/29/17)
(a)
It shall be unlawful for any person or legal entity other than the
city to cut into, dig up, excavate, tunnel, undermine or in any manner
break up the surface of any street or other public way in the city
unless such person or legal entity shall first have obtained a permit
therefor from the city clerk. No permit shall be issued until the
fee set forth below has been paid to the city.
(b)
In the event of any emergency in which a sewer main, conduit or other
utility facility in or under any street bursts, breaks or otherwise
is in such condition as to immediately endanger the property, lives,
health or safety of any person, the person or legal entity owning
or controlling such facilities shall be permitted to immediately go
in without the permit required by this section and repair the break
for the protection of the property, life, health and safety of individuals;
provided, however, such person or legal entity owning or controlling
such facility shall immediately apply for a permit not later than
the end of the next succeeding business day during which the city
clerk’s office is open for business, and shall not proceed with
permanent repairs without first obtaining a permit as provided for
in this article.
(Ordinance 2018-05, sec. 8, adopted 4/3/18)
An application for a permit required by section 18.04.060 shall contain the following information:
(1)
The name, address and telephone number of the applicant;
(2)
The name, address and telephone number of the party doing the work;
(3)
The exact location on the street or other public way of the excavation
or tunneling, and the proposed use of the public street or other public
way during the period of construction;
(4)
The nature and purpose of the work and the dimensions of the cut
or break in the pavement or surface of the street or other public
way;
(5)
Estimated cost of the construction or alteration;
(6)
The date of proposed commencement of the work;
(7)
The date of proposed completion of the work;
(8)
The type of surface and base, if known, of the street or other public
way; and
(9)
A set of plans showing in detail the work to be done if the work
deviates substantially from the standard detail described in this
article.
(Ordinance 2017-08 adopted 8/29/17)
(a)
(1)
Except as provided elsewhere in this article, and unless the city council, acting on advice of its professional consultants, determines that special conditions exist which would require a higher fee, no permit will be issued pursuant to this article until a fee as set forth in appendix A to this code is received by the city.
(b)
If the only cut to be made is to a curb and gutter, the fee set forth
in subsection (a)(2)(C) [sic] of this section shall be collected by
the city. In that case, after the work has been completed and approved
by the city, the city will refund to the applicant the fee that was
paid less the direct expenses incurred by the city in inspecting and
approving the work plus any amounts spent, if any, by the city in
correcting defective work.
(Ordinance 2017-08 adopted 8/29/17)
When the completed application required in section 18.04.061 hereof and the fee required in section 18.04.062 shall have been accepted by the city council, the city clerk shall then issue a permit for the excavation or opening described in the application, and the applicant may then proceed with the work in the exact location described in his application, and in no other place. The permit shall be in a form approved by the city council and shall contain any special terms and conditions required by the city council.
(Ordinance 2018-05, sec. 8, adopted 4/3/18)
(a)
In the event an applicant is granted a permit under this article,
the city clerk shall issue a placard which shall be plainly written
or printed in English, and reading substantially as follows:
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Excavation Permit No _____________________
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City of Buda, Texas
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Place: _________________________________
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Issued: ________________________________
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(date)
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Issued to: _____________________________
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Address: _____________________________
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Telephone No.: ________________________
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Expires: ______________________________
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(date)
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Special Terms and Conditions:
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___________________________________
251658240
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___________________________________
251658240
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__________________________________
251658240
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(b)
The applicant shall display the permit in a conspicuous place at
the site of the work.
(c)
It shall be unlawful for any person to exhibit such placard at or
about any excavation not covered by such permit, or to alter or misrepresent
the number of the permit, the date of issuance or the date of expiration
thereof, or any other term, condition, or provision thereof. The penalty
for violation of this subsection is punishable by a fine of not more
than five hundred and no/100 dollars ($500.00). Each day that such
violation continues shall be a separate offense.
(Ordinance 2018-05, sec. 8, adopted 4/3/18)
