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0618 ORDINANCE NO.618 AN ORDINANCE ADOPTING THE UNIFORM MECHANICAL CODE, 1994 EDITION; PROVIDING FOR THE ADOPTION OF LOCAL AMENDMENTS THERETO; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, 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, 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 IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 That the Uniform Mechanical Code, 1994 Edition, published by the International Conference of Building officials, is hereby adopted as the Mechanical Code of the City of Southlake. A true and correct copy of this Code is attached to this ordinance as Exhibit "A." SECTION 2 The City of Southlake may from time to time determine that local modifications to the Uniform Mechanical Code, 1994 Edition, are necessary and appropriate to meet the unique construction needs of the City of Southlake. To effectuate these modifications, the City council shall enact individual ordinances amending this ordinance fully setting forth the change to be made in the Uniform Code. The amendments shall be consolidated as Exhibit "B" to this ordinance. SECTION 3 The material contained in Exhibit "A" 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with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed.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 to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, 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, paragraphs and sections of this ordinance, since the same would have been enacted 2 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 each offense. 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 any ordinances affecting the installation and maintenance of 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 buy 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 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. 3 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 ordnance, 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 ON FIRST READING ON THIS DAY OF 1 1994. C * `•4~ %-c,S = cn ATT : ST : CITY SECRETARY 4 PASSE AND APPROVED ON SECOND READING DAY OF 199 A. MA _Aft x t> ATT T : 1,,%,* CITY SECRETARY '''l ~111I N I I I I{ I1 ti{~~„` APPROVED AS TO FORM D LEGALITY: e~ aw""3 ~llf City Att rney Date:- ADOPTED: EFFECTIVE: C:\WPDOCS\ORDIANC.mec 5 Fort Worth Star-`Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 --7 STATE OF TEXAS inty of Tarrant Before me, a Notary Public in and for said County and State , this day personally appeared DAWN M. RIVERA Billing Specialist for the Fort Worth Star-Telegram, published by the Star-Telegram 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 : DATE AD INVOICE NO. DESCRIPTION AD SIZE TOTAL INC W LINE .,, , RATE AMOUNT _...—.__ SEP 09I 3042693 CL . 358 1X 45L 45 . 46 l 20 . 70 isept 9 ' P . O . # ORD #618 ORDINANCE NO.61$ �- AN ORDINAN E ADOPT- iiNG THE UNI ORM ME- T ON 1 PROVIIDI.NG4FOR THE ADOPTION OF LQ AL AMENDMENTS TH E- rH(S ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCESS PROV Z- ICCNG A SEVEf2ABIL1 Y SAVINSES CLAUSEII PRO VIDIN� FOR PU.LICAt... A.4...ie.it. - TION IN PAMPHLET FORM; PRMpOVIDING FOR FICIIAL NEWSPAPER AN, SIGNED UBSCRIBED A D SW TIVEDATE AN EF'FEC ME , THIS THE 9TH AY OF SE E 1994 SECTION NOTARY PUELI I Any person flrmorcopora- tIon who vlo(ates, disobeys, / omits neglects or refuses to C comp(yw horwhoreslststhe enforcement ofanvof the pro- TARRANT CO U Y, TEXAS bviision of this ordinance shall) Thou an notmore Dollars(than Tw1A♦� �i for each offense. Each dav'NS %o� thatavlolationlspermlttedto 2 exist shall constitute a sepa-PIES #y1e PAUSED AND APPROVED 1ft97 �It}f' BYTHHE EITITYOFUNOUTOF 7 ':: LAKE THIS THE 6TH DAY ��,�• QF SEPTEMBER,1994. SGoaury Flckes,Mayor of ' , Attest:la Sandra L. LeGrand, City Secretary Approved as to form:E.Allen TEAR AL(Taylor Jr,City Attorney �4 AND RETURN THE LOWER PORTION WITH YOUR PAYMENT REMIT TO : 400 W . SEVENTH, FW, TX 76102 Fort Wqrtb .Star.Telegram FEt�`iT NUMBURT CIT57 AMOUNT 2 t U E DUE 0 . 70 3 l ' ti'4/4 PAGE OF 1 osto" CITY OF SOUTHLAKE 667 N CARROLL AVE 20 . 70 PLEASE SOUTHLAKE TX 76092-9595 THIS AMOUNT , ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 Tur STATE OF TEXAS my of Tarrant Before me , a Notary Public in and for said County and State , this day personally appeared DAWN M. RIVERA Billing Specialist for the Fort Worth Star-Telegram, published by the Star-Telegram 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 : DATE 7 AD INVOICE NO. DESCRIPTION AD,t7„ SINE RATE AMOUNT AUc] oudrue'-i CL . 358 1X055L 55 .46 25 . 30 aug19 P . O . # ORD *618 NOTICE OF PUBLIC NG NOTICE IS HEREBY GIV- EN TO ALL INTERESTED PER SONS that thity ofe City Coun- cil Tfs,wilthe CbeholdingSouaoublic e a ! hearing during the Regular Reg ular hdoSeQtlel me6nRg99t gg win9latbe OhOePldmn eemCY- - Council Chambers of City Hail,667 North Carroll Ave -- nue, Southlake, Texas. The ' 3sug nsl rihefollliZ AlIX dinance: SIGNEDefithnit—??1 •(724 — INANCE NO.618 IN JBSCRIBE -AN GDI ORNUNIFOM ME -ORE ME , THI ORD THE 23P.D D Y OF AUGUST 1 4 CHANICALCODE,1994ED1- NOTARY PUBLIC TION� PROVIDING FOR i __.. . AL ViEPROVIATHE OD EGOTN OF OHAL, ,` G • .f HIS ORDINANCE SHALL ARRANT COL Y, TEXAS BE CUMULATIVE PROVID INGFORASEVERABILITY CLAUSE, PROVIDING A SAVING CLAUSE' PRO- VIDING FOR PURI ICA- �'w ivAp'� LINDl1 K. BLEVINS ye Oe��'" ,,1 COMMISSION EXPIRES a SEPTEMBER 13, 1997 —TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT-� REMIT TO : 400 W . SEVENTH, FW, TX 76102 Forth Spar-Te ::: .�,. :. le ram4 C I T 5 7 AMOUNT 25 . 30DUE 1 1 PAGE OF CITY OF SOUTHLAKE 667 N CARROLL AVE PLEASE PAY 25. 30 SOUTHLAKE TX 76092-9595 THIS AMOUNT ATTN : SANDY LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED