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0532 ORDINANCE NO. 6?),,,� AN ORDINANCE ADOPTING THE UNIFORM MECHANICAL CODE, 1991 EDITION; PROVIDING FOR THE ADOPTION OF LOCAL AMENDMENTS THERETO; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; 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, 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 IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 That the Uniform Mechanical Code, 1991 Edition, published by the International Conference of Building Officials and the International Association of Plumbing and Mechanical 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, 1991 Edition, slake\mechcode.ord -1- 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. These amendments shall be consolidated as Exhibit "B" to this ordinance. SECTION 3 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 ordinances of the City of Southlake, Texas, provisions of this provisions of such provisions all provisions of except where the conflict with the ordinance are in direct ordinances, in which event the conflicting of such ordinances are hereby repealed.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 a~¥ 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 s t ake\mechcode.ord -2- 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 Ail 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 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 wi%hour further proof than the production thereof. s [ ake\mechcode, ord -5- 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 within ten days after passage Section 3.13 of the Charter of official City newspaper one time of this ordinance, as required by 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 · 1991. / ~'"'~'~'""',,~ ~'L~ ........... F~ % ... ..... PASSED ~D APPRO~D ON FIRST READING ON THIS /~ DAY OF ~TT~ST: ~I~Y SECRETARY SECOND READING ON THIS ~ DAY OF ATTEST: ~ITY' SECRETARY s L ake\mechcode, ord - 4 - APPROVED AS TO FORM AND LEGALITY: City Attorney Date, ADOPTED: ~ 7~ I~ / EFFECTIVE: s t ake\mechcode, ord -5- Fort Worth St Te1egram ***INVOICE/AFFIDAVIT***INVOICE/AFFIDAVIT*** 400 W.SEVENTH STREET•FORT WORTH. 76102 'HE STATE OF TEXAS ounty of Tarrant Before me , a Notary Public in and for said County and State , this day personally appeared KELLEY ALLARD 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 ( DESCRIPTION AD SIZE INCH/LINE RATE AMOUNT INCH/TOTAL MAY 10 6694665 CL . 358 1X53 L 53 . 38 20 . 14 ORDINANCE NO.532 may 10 AN ORDINANCE ADOPTING THE UNI- FORM MECHANICAL CODE 1991 EDITION PROVIDING FOR THE ADOPTION OF LOCAL AMENDMENTS THERETO PRQVID- ING THAT THIS oRDI- NANCE SHALL BE CU- MULATIVE OF ALL ORDINANCES• PRO- V I D I NG A S E V E KAB I L- -...._,___.._v._. ......-_____..._... ITY CLAUSE•PROVID- ING FOR A {PENALTY FOR VIOLATIONS HEREOF;PROVIDING A SAVINGS CLAUSE; ___ .__ ..._..._ __, ..._.___,.. ,_._.. PROVIDING FOR PUB- LICATIONL RM;PRO- IDING FOR SIGNED UBLICATION IN THE m' FFICIAL NEWSPA- AND SWORN TO BEFORE ME , THI THE 1 th DAY OF Y, 1991 NEFFECT VEVDATE NOTARY P U B,L� _..... _ ________________ )( SECTION b - Any person,firm or corpo- flon whovlolates,disobeys, Z.IYTtihe odr sworo rref ss tho TARRANT COUNTY, TEXAS ,....____ ,orcement of any of the pro- visions of this ordinance shall �v P\\11 L be fined not more Than Two '�� •�s KAINRYN 1. SPENCER 01 AFFIDAVITS Thousand Dollars(than AO) ll+ for each offense. EEach day !R `�ti;�� that a violation Is permitted to , ,�; COMMISSION EXPIRES exist shall constitute a sepa- rate offense. ''%` rs JANUARY 28, 1995 1 PASSED AND APPROVED # ''� ••••••'' +� INSECONDREADINGTHIS rK THE loth day of MaY,1991. (61tc----. \ Gary Flckes MayyorofSouthiakeATTEST:SandraL.LeGrand City Secretar TEAR AI/4.kb ONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT fit, Approved as o form: Wayne V Olson — City Attorney REMIT TO : 400 W . SEVENTH , FW , TX 76102 FortWortSar.Te1egram F.F- 6694665 '/ ACCOUNT CIT57 AMOUNT 20 . 14 NUMBER DUE it `� PAGE Ul- 1 CITY OF SOUTHLAKE ORIGIN , -_ 667 N CARROLL PLEASE PAY 6, 20 . 14 SOUTHLAKE TX 76092 0 THIS AMOUNT ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram ***INVOICE/AFFIDAVIT***INVOICE/AFFIDAVIT*** 400 W.SEVENTH STREET•FC,r.T WORTH.,TEXAS 76102 E STATE OF TEXAS unty of Tarrant Before me , a Notary Public in and for said County and State , this day personally appeared KELLEY ALLARD 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 De T1•N I AD SIZE TOTAL RATE AMOUNT ��..-a .+_` .. _ _T-_ INCHILINE AVR 19 6684789 CL • 358 1X83 L 83 • 38 I 31 . 54 april 19 PUBLIC HEARING NOTICE Is hereby given to all Interested persons that the CI- ty Council of the City of South- pllake Texas,will be holding a Regularhearing yiCouncll during to be held on May 7 1991,a 7:30p.m. Southlakecity Hall, 667 North Carroll Avenue, Southlake,Texas. Purpose of the hearing Is to consider the second readingof the following ordinance: ( ORDINANCE NO.532 `J AN ORDINANCE / ADOPTINGTHE UNI- FORM MECHANICAL SIGNE) .,.,, L %"}( CODE 1991 EDITION DOPTDIONOFORTH ND SWORN TO BEFORE ME, TH S THE 19th DA OF L, 1991 HERETO"PROVID- NOTARY PUBLIC - MG THAT THIS ORDI- NANCE SHALL BE CU- � MULATIVE OF ALL ORDINANCES PRO- T RRANT Cl9UNTY, TEXAS, ITY ICLAUSEVPROV(D- ING FOR A SENALTY FOR VIOLATIONS HEREOF.^ROVIDING 01 AFFIDAVI-S .�.�,w�-' ro.-1-Vt).Z.,�'' KORYN 1.-MC& A SAVINGS CLAUSE; 1 NI PROVIDING FOR PUB- ••r.4 LICATION IN PAM- Cp4�+JIISSiON EXPIRcS PHLET FORM, FOR �• 19g5 VIDING �^• i" PUBLICATION IN THE �4�•/ ,:�+�^ Jf+NUARY 28, OFFICIAL NEWSPA- 1 4��`;`';� r G ANEFFEDCTTIVEVDATE. /1 SECTION 6 TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT �1 Any person,firm or torpo- r ation who violates,disobeys, omits neglects or refuses to enforrcement of any of tlhe pts ro visionsofthlsordinanceshall REMIT TO :: 400 W • SEVENTH , FW , TX 76102 be fined not more than Two P Thousand Dollars(S2,000.001 O for each offense. mit day tart that offenstlonispermittedto a egram 1(!':b:1-,- :.c.: �. XA(d(XX>XXtdb'1 .NFX40I-00 X. gMi*6197 exist shall constitute a sepa- rate offense. SECTION 7 ACCOUNT All rights and remedies of NUMBER C I T 5 7 AMOUNT DUE 31 . 54 .e City of Southiake are ex- pressly savedasto any andali I violations of the provisions of PAGE $F 1 1 any ordinances affecting the installation and maintenance of heating, ventilating,cool- s ing, and refrigeration sys- I terns which have accrued at I thetimeoftheeffecfivedateof this ordinance;and,asto such accrueddn litigation,bothdcivil and criminal,whether pend- ing In court or not,under such ordinances,same shall not be may affected prosecuted until final 1 may dlsppsit on by the courts. CITY OF SOUTHLAKE ORIGINA , 667 N CARROLL PLEASE PAY 31 . 54 SOUTHLAKE TX 76092 0 THIS AMOUNT ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED