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0468ORDINANCE NO. ~ AN ORDINANCE ADOPTING THE UNIFORM MECHANICAL CODE, 1988 EDITION; PROVIDING FOR THE ADOPTION OF LOCAL AMENDMENTS THERETO; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALT. ORDINANCES; PROVIDING A SEVEHABILITY CLAUSE; PROVIDING FOR A PENALTY FOR ¥IOLATION$ HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPhLeT FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHERF2%S, the city of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council of the City of Southlake deems it necessary to adopt this Ordinance governing requirements for the installation and maintenance of heating, ventilating, cooling and refrigeration systems in order to protect the health, safety and welfare of the citizens of the City of Southlake; NOW, THEREFORE, BE CITY OF SOUTHLAKE, TEXAS: the IT ORDAINED BY THE CITY COUNCIL OF THE SECTION 1 That the Uniform Mechanical Code, 1988 Edition, published by International Conference of Building Officials and the International Association of Plumbing and Mechanical Officials hereby adopted as the Mechanical Code of the A true and correct copy Ordinance as Exhibit "A." of this Code is SECTION 2 that City of Southlake. attached to this The City of Southlake, Texas may from time to time determine local modifications to the Uniform Mechanical Code, 1988 Edition are necessary and appropriate to meet the construction needs of the City of Southlake, Texas. effectuate these local modifications, the City Council enact individual ordinances amending this Ordinance, setting forth the change to be made in the Uniform Code. amendments shall be consolidated as Exhibit "B" to Ordinance. SECTION 3 unique To shall fully These this The material contained in Exhibits A and B to this Ordinance shall be maintained as a public record in the office of the City Secretary. These Exhibits will be available for public inspection and copying during regular business hours. SECTION 4 This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 5 It is hereby declared Council that the phrases, sections of this ordinance clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, to be the intention of the City clauses, sentences, paragraphs and are severable, and if any phrase, - 2 - 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 unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6 Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for all violations involving fire safety and public health and sanitation and Five Hundred Dollars ($500.00) for all other violations. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 7 All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 340 or any other ordinances affecting heating, ventilating, cooling and refrigeration systems which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 8 The city Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for - 3 - general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 9 The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10 This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ~Y OF ATteST: ~ ~-ITY SECRETARY - AND APPROVED ON SEC , 1988. DAY OF AT~ APPROVED AS TO FO~ ~D LEGALITY. City Attorney Date: ~ -- ~ - ~ c:%slake~ord.05 - 5 - Fort Worth Star-Tele 400 W.SEVENTH STREET•FORT WORTH TEXAS 7 DATE DESCR JAN 25 '6271617 january THE STATE OF TEXAS CIT57 County of Tarrant Before me, a Notary Public in and for said County and State, this day personally appearedprrldanrP Thnm gpa Secretary for the Fort Worth Star-Telegram, published by the Capita Cities Communications, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates: ORDINANCE NO.468 *********** AD#6 2 71617 ANORDIPTING THE UNIFORM MECHANIC-- * CAL CODE, 1988 EDITION.; PROVIDING FOR THE ADOPTION OF LOCAL * RECONCIL Jan. 25 , 1989 AMENDMENTS THERETO; P* R- MO N T DIRNANCE SHALL BE CUOVIDING THAT THISMU- I- LATIVE CALL 0 9 0- NANCES•OPRALL V DINRGDA SEVERABILITY CLAUSE; * PROVIDING FORA PENAL- *********** HE FOR VIOLATIONS SAVINGS fLAUSE;IPROVID- ING FOR PUBLICATION IN,ii Signed ) .�/ -(/ VIPAMPHLET FOR PUR FORM; PR IN THE OFFICIAL NEWSPA- Subscribed and sworn to before me, this the8 EFF(:CTIVE ATE ING AN PASSED AND APPROVED Notary Public /THISTHEl7thdayofJanuary, 1989. Johnny H.Westerholm /, TeX Mayor of Southlake Attest Sandra L.LeGrand City Secretary Approved as to form: E.Allen Taylor City Attorney CURRENT CURRENT STATEMENT PERIOD (ACCOUNT NUMBER ON RECPT 1/25 - 1/25 CIT57 IF YOU HAVE QUESTIONS REGARDING YOUR ACCOUNT,PLEASE CONTACT OUR CUSTOMER SERVICE DEPARTMENT AT(817)390-7761.TO ASSIST US IN AN ACCURATE AND TIMELY POSTING OF YOUR PAYMENTS,PLEASE MAIL ALL PAYMENTS TO P.O.BOX 99074 FORT WORTH,TEXAS 76199. TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT �► ADVERTISING STATEMENT rort Worth Star.Telegrarn REMIT TO: P.O. BOX 99074 • FORT WORTH, TEXAS 76196271617 ACCOUNT CIT57 PAYMENT ON RECPT NUMBER DUE DATE 1 PAGE OF CITY OF SOUTHLAKE ORIGINAL 667 N CARROLL PLEASE PAY 11.90 SOUTHLAKE TX 76092 0 THIS AMOUNT ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star4et 400 W.SEVENTH STREET•FORT WORTH,TEXA DATE DES• JAN 06 '', 6262810 januan THE STATE OF TEXAS ACCOUNT # CIT 57 County of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared DAiiz PITTS Secretary for the Fort Worth Star-Telegram, published by the Capital Cities Communications, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates: NV I It * SJF ********* ICHEAhRI NG t �6?6?810 dtd 01 /nh/f9 t sse C ail ity Council of the City of Southiake, * R E C O N C Texas,will be holdinga public Class 008 hearing on January 199 * N O I 7:30 p.m. In the city council chambers of city ha I I,667 North * CALL 3 9, Carroll Avenue, Southiake, Texas.Purpose of the hearing is to consider the second read- * ing on the ordinance described ******)I(** below: ORDINANCE NO.468 \ AN ORDINANCE ADOPTING .' THE UNIFORM MECHANI- Signed CAL CODE, 1988 EDITION• PROVIDING FOR THl1 ADOPTION OF LOCAL Subscribed and sworn to be fore me, this the AMEND ENTS T TEHI - rya ` G DINANCE SHALL BE CUMU-/r' E, LATIVE OF ALL ORDI-�.c � S PROVIDING A N0 1t , NANCE P liC SEVERAelLITY CLAUSE; PROVIDING VIOLATIONS' Tex n• '�: ,�, W. F- --r'r0...' p TY FOR VIOLATIONS � ztr yr r, L yt, a t HEREOF PROVIDING A 0 �4 y�" -�eu•.i ik 1 art, s SAVINGS CLAUSE;PROVID- " .a ING FOR PUBLICATION IN s , �T� !rs f' t,J PAMPHLET FORM- PRO- II I 4 s.? y VIDING FOR PUBLICATION I INTHEOFFICIALNEWSPA- x's v"'i a uprJ �!>S'Y, PER•AND PROVIDING AN C xM EFFECTIVE DATE. City thlake Sandra L a L.LeGrand City Secretary CURRENT CURRENT STATEMENT PERIOD (ACCOUNT NUMBER ON RECPT 1/06 — 1/06 CIT57 IF YOU HAVE QUESTIONS REGARDING YOUR ACCOUNT,PLEASE CONTACT OUR CUSTOMER SERVICE DEPARTMENT AT(817)390-7761.TO ASSIST US IN AN ACCURATE AND TIMELY POSTING OF YOUR PAYMENTS,PLEASE MAIL ALL PAYMENTS TO P.O.BOX 99074 FORT WORTH,TEXAS 76199. TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT —i ADVERTISING STATEMENT Fort Worth S REMIT TO: P.O. BOX 99074• FORT , TEAS 761966210 ___ ----._-- ACCOUNT CIT57 PAYMENT ON RECPT NUMBER DUE DATE 1 PAGE OF CITY OF SOUTHLAKE ORIGINAL 667 N C A R R O L L PLEASE PAY 14 . 00 SOUTHLAKE TX 76092 0 THIS AMOUNT Pr- ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED