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Ord. 0110I 2008-02-25ORDINANCE NO. 110- I AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ARTICLE VII, ELECTRICAL CODE, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO AMEND SECTION 9-157(a) and (c) ENTITLED WIRING GENERALLY; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; AND PROVID- ING FOR CODIFICATION AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO REGULATE THE USE OF METALIC CLAD (MC) CABLES IN THE CITY'S WIRING SYSTEM INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE LIFE SAFETY AND WELFARE OF THE CITIZENRY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That Article VII, Electrical Code, of Chapter 9, of the City of Pearland Code of Ordinances, is hereby amended to AMEND Section 9-157 (a) and (c), entitled Wiring Generally, to read as follows: Sec. 9-157. Wiring generally. (a) Approved rigid metal conduit or electrical metallic cable or under -floor cast -in -place raceways, shall be required for all wires used to conduct current for light, heat or power, in the wiring of all new buildings and in all old buildings or additions thereof within the fire limits of the city, as they are now or may hereafter be established, and in churches, schools, hotels, theaters and commercial buildings within the jurisdiction of the city. (b) Gasoline filling stations will be wired according to the latest rules and regulations of the National Board of Fire Protection Association. (c) The use of metallic clad cable (MC cable) shall be allowed for wiring purposes, provided it is color coded in the following manner: blue for MC cable and red for fire cable. All MC cable must be installed with approved strapping throughout, and under no circumstances shall feeder runs be installed using MC cable. (d) The use of pancake boxes are not permitted except for bathrooms and cornice overhangs. (e) Ground fault circuit interrupter protection will be required in places of public assembly. A place of assembly is a building or other structure designed or intended for the assembly of fifty (50) or more persons. (f) All central electrical heating systems installed in duct work must have no fuse disconnection in the attic. (g) All plug outlets in a residence must have #12 circuits. ORDINANCE NO. 110-1 Section 2. Declaration of Emergency. The Council finds and determines that the need to regulate the use of metallic clad cable in the City's electrical system inures to the benefit of the public and, therefore, bears directly upon the life safety and welfare of the citizenry; and that this Ordinance shall be adopted as an emergency measure, and that the rule requiring this Ordinance to be read on two (2) separate occasions be, and the same is hereby waived. Section 3. Savings. All rights and remedies which have accrued in favor of the City under this Ordinance and amendments thereto shall be and are preserved for the benefit of the City. Section 4. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise unenforceable by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 5. Repealer. All ordinances and parts of ordinances in conflict herewith are hereby repealed but only to the extent of such conflict. Section 6. Codification. It is the intent of the City Council of the City of Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's official Code of Ordinances as provided hereinabove. ORDINANCE NO. 110-1 Section 7. Effective Date. The City Secretary shall cause this Ordinance, or its caption, to be published in the official newspaper of the City of Pearland, upon passage of such Ordinance. The Ordinance shall then become effective ten (10) days from and after its publication, or the publication of its caption and penalty, in the official City newspaper. PASSED and APPROVED on FIRST and ONLY READING this the 25th day of February, A.D., 2008. TOM REID MAYOR . '•, ATTEST: EM RF1N' ; T ITY CRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY VOTING RECORD FIRST AND ONLY READING FEBRUARY 25, 2008 Voting "Aye" - Councilmembers Owens, Beckman, Kyle, and Cole. Voting "No" — Councilmember Saboe. Motion passed 4 to 1. PUBLICATION DATE: March 5, 2008 EFFECTIVE DATE: March 14, 2008 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS AFFIDAVIT OF PUBLICATION The Peariand Reporter News 2404 South Park Pearland, Texas .77581 State of Texas Brazoria and Harris Counties I, Lloyd Morrow, hereby certify that the notice herebyappended was published in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris and .Galveston Counties, for f issues, as. follows: No Date 3 - 20 Qg No. Date 20 No Date -20 No. Date 20 No. • Date 20 Subscribe` and sworn to b 20 Notary i-taw, U< o r' My GomIItiiiSS10n Expires 05-09-2TiCi day of Laura Ann Emmons, Publisher Notary Public, State of Texas 1 Published March 5, 2008 -ORDINANCE-NO: -110, I 'I - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, i TEXAS, AMENDING ARTICLE VII, ELECTRI- CAL CODE, OF THE CITY OF PEARLAND CODE OF ORDINANCES, lrAS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO AMEND SECTION 9.157(a) and (c) ENTITLED WIRING GENERALLY; HAVING •A SAVINGS CLAUSE, 'A SEVERABILITY I CLAUSE, AND A REPEALER CLAUSE; I AND -PROVIDING FOR CODIFICATION -"AND AN _ _ EFFECTIVE DATE; AND DECLARING' Ws EM'1= GENCY BECAUSE'THE NEED'• TO REGULATE THE USE OF• METALIC CLAD• (MC) CABLES 'IN THE CITY'S WIRING SYSTEM INURES TO THE BENEFIT OF THE ' PUBLIC AND, THERE- FORE, BEARS DIRECT- LY UPON. THE • LIFE SAFETY AND WELFARE OF THE CITIZENRY. PASSED and APPROVED on FIRST and ONLY READING __this _.the 25th day of February, A.D., 2008. /s! TOM REID MAYOR ATTEST: YOUNG LORF- ING, TRMC CITY SECRETARY APPROVED AS TO F 0 R M DARRIN M. COKER CITY ATTORNEY VOTING RECORD FIRST AND ONLY READING FEBRUARY 25, 2008 Voting "Aye" - Councilmembers Owens, Beckman; Kyle, and Cole. Voting "No" — Councilmember Saboe. Motion passed 4 to 1. PUBLICATION ' DATE: March 5, 2006 EFFECTIVE DATE: March 14, 2006 PUBLISHED -AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS