(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)
