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Item 4M Ordinance 1142-A (Draft)1 ORDINANCE NO. 1142-A AN ORDINANCE AMENDING ORDINANCE NO. 1142, THE BUILDING CODE OF THE CITY OF SOUTHLAKE, EXHIBIT B PROVIDING FOR REFERNCED CODES AS PROVISIONS OF THE ELECTRICAL CODE AS THE ADOPTED STATE ELECTRICAL CODE; PROVIDING A PENALTY CLAUSE; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERIBILITY 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 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 electrical systems including requirements for materials, in order to protect the health, safet y and welfare of the citizens of the City of Southlake; and WHEREAS, the City Council has determined it is necessary to amend these requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 That the 2017 National Electrical Code, published by The National Fire Protection Association, is hereby adopted as the Electrical Code of the City of Southlake. A true and correct copy of this Code is referenced as Exhibit "A." 2 SECTION 2 Local amendments to the 2015 International Building Code, Exhibit “B”, are hereby amended by amending section 110.4. Referenced Codes. Adding “Any reference to NFPA 70 or the Electrical Code shall mean the 2017 National Electrical Code as adopted by the State of Texas.” (Reason: The State Electrical Code is the 2017 National Electrical Code as written). SECTION 3 The material referenced as Exhibits “A” and “B” to this ordinance shall not be included in the formal municipal codification of ordinances, but shall be maintained as a public record in the office of the City Secretary and will be available for public inspection and copying during regular business hours. SECTION 4 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 any violation involving zoning, fire, safety or public health and sanitation, including dumping or refuse, and shall be fined not more than five hundred dollars ($500) for any other violation of this ordinance. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5 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 6 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 3 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 by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. 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 regulation and control of the use, occupancy, maintenance, repair, design, construction and quality of materials for buildings and structures within the City 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 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. The City Secretary of the City of Southlake is hereby directed to publish in the official newspaper of the City of Southlake, the caption, penalty clause, publication clause and effective date of this ordinance one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. 4 SECTION 9 This ordinance shall be in full force and effect from and after its passage and publication as required by law and is so ordained. PASSED AND APPROVED on the 1st reading the 6th day of March, 2018. CITY OF SOUTHLAKE By: ______________________________ Laura Hill, Mayor ATTEST: _________________________________ Carol Ann Borges – TRMC City Secretary 5 PASSED AND APPROVED on the 2nd reading the 20th day of March, 2018. CITY OF SOUTHLAKE By: ______________________________ Laura Hill, Mayor ATTEST: _________________________________ Carol Ann Borges – TRMC City Secretary APPROVED AS TO FORM: _________________________________ City Attorney City of Southlake, Texas 6 “EXHIBIT A” RESERVED FOR 2017 NATIONAL ELECTRICAL CODE “EXHIBIT B” RESERVED FOR 2015 INTERNATIONAL BUILDING CODE “EXHIBIT C” City Council motion at 1st Reading: RESERVED FOR CITY COUNCIL MOTION City Council motion at 2nd Reading: RESERVED FOR CITY COUNCIL MOTION