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119 ORDINANCE 1988-43 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, ADDING A NEW SECTION 5-32 TO DIVISION 2 OF ARTICLE II OF CHAPTER 5 OF THE CODE OF ORDINANCES OF SAID CITY TO AMEND THE 1985 EDITION OF THE STANDARD BUILDING CODE TO ADOPT CERTAIN SAFETY REQUIREMENTS FOR ALL CONSTRUCTION PROJECTS WITHIN SAID CITY, RENUMBERING SEQUENTIALLY THE REMAINING SECTIONS OF SAID ARTICLE AND THE FOLLOWING SECTIONS OF ARTICLE III OF SAID CHAPTER OF SAID CODE AND DECLARING AN EFFECTIVE DATE. WHEREAS, State law now requires that contracts for construction in a municipality in which trench excavation will exceed a depth of five (5) feet, must include detailed plans and specifications for trench safety systems that meet OSHA standards as well as include a pay item for such systems and further requires municipalities to include such above-mentioned requirements in their building codes if they have building codes; now, therefore, BE TEXAS: IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, SECTION 1. That a new Section 5-32 shall be added to Division 2 of Article II of Chapter 5 of the Code of Ordinances of said City which shall read as follows: Sec. 5-32. Section 2101.9-- SAFETY CONSTRUCTION, of Chapter 21 REQUIREMENTS DURING See tion following 2101.9 of Chapter Section 2101.9.5: 21 is hereby amended to add the 2101.9.5 On all construction projects, public or private, within the boundaries of the City of San Marcos, Texas, the bid documents and the contract shall contain: (1) detailed plans and specifications for adequate trench safety systems that meet OSHA standards, and (2) a pay item for those safety systems. This requirement shall not apply to persons subject to safety standards adopted under Article 6053-1, V.T.C.S., and subject to the administrative penalty provisions of Article 6053-2, V.T.C.S. PART 2. That the remaining sections of said Article and the following sections of Article III of said Chapter of said Code shall be renumbered in sequential order. PART 3. That this Ordinance shall be in effect ten (10) days from and after its passage, and it shall be published in a newspaper of general circulation in the area as required by the Charter of the City of San Marcos, Texas. PASSED AND APPROVED on first reading Apri 1 25, 1988 May 9, 1988 PASSED AND APPROVED on second reading PASSED, APPROVED AND ADOPTED May 23, 1988. ~ ðjJj J~~ ) Mayor ~S~Øf~ ~.,¡:: f K. Womack City Secretary ~oved: ~~ Ci ty At torney Published in the SAN MARCOS NEWS May 26, 1988.