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Ord. 0518-01 01-08-90ORDINANCE NO. 518-1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING SECTION 23-161 AND SECTION 23-161.1 OF THE CITY CODE OF ORDINANCES, BY ADOPTING THE SOUTHERN STANDARD GAS CODE, 1988 EDITION, AND MAKING CERTAIN AMENDMENTS, MODIFICATIONS, ADDITIONS AND DELETIONS THERETO; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That Section 23-161 of the Code of Ordinances of the City of Pearland, Texas, shall be and the same is hereby amended to read as follows: "Sec. 23-161. Adoption of regulations; conflicting provisions. For the purpose of establishing rules and regulations for all gas piping systems extending from the point of delivery to the inlet connections of appliances, and the installation and operation of residential and commercial gas appliances and related accessories, within the corporate limits of the City of Pearland, Texas, there is hereby adopted and incorporated herein by reference as the gas code of the City that certain gas code known as the Standard Gas Code, 1988 Edition, with revisions, recommended and published by the Southern Standard Building Code Congress International, which code is published in book form and which is referred to, incorporated herein and made a part hereof for all purposes, a true and correct copy of which code is filed of record in the office of the City Secretary. Provided, however, that in the event any conflict may arise between any provision of the gas code adopted by this article and any other applicable provisions of state law or City Ordinance, rule or regulation, the provisions of this Code of Ordinances, state law, or city rules and regulations shall be controlling." Section 2. That Section 23-161.1 of the Code of Ordinances of the City of Pearland, Texas, shall be and the same is hereby amended to read as follows: "Sec. 23-161.1. Amendments, modifications, additions, dele- tions. The gas code adopted in Section 23-161 hereof is hereby modified in the following respects: (a) Penalties. Wherever in said code a penalty is provided for the violation or failure to comply with the provisions thereof, such penalty shall be expressly deleted from said code, and the penalty for violation or failure to comply with such provisions shall be as otherwise provided in the City Code of Ordinances under Section 1-11. 1 1 (b) Schedule of Permit Fees. Appendix C, Recommended Permit Fee Schedule, is hereby expressly deleted in its entirety, and the City Council shall, from time to time, establish fees hereunder, and a fee schedule shall be kept in the office of the city secretary." Section-3. Any person, firm or corporation who shall violate or fail to comply with the requirements or provisions of the gas code herein adopted shall be deemed guilty of a misdemeanor, and shall, upon conviction by a court of competent jurisdiction, be punished as provided in Section 1-11 of the Code of Ordinances of the City. Section 4. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise unenforceable by a court of competent jurisdiction, such part shall be deemed a separate, distinct and inde- pendent provision and such holding shall not affect the validity of the remaining portions thereof. Section 5. All Ordinances in conflict herewith are hereby repealed, but only to the extent of such conflict. Section 6. It is the intent of the City Council of the City of Pearland, Texas, that the provisions of this Ordinance shall be codified as herein provided. Section 7. The City Secretary shall cause this Ordinance, or its caption and penalty, to be published in the official newspaper of the City at least once within ten (10) days after its passage on second and final reading. This Ordinance shall thereafter become effective ten (10) days from and after its publication, or the publication of its caption and penalty, in the official City newspaper. 2 PASSED and APPROVED ON FIRST READING this the a day of Air,nyLifeA , A. D., 19 8% Mayor ATTEST: City Se retary PASSED and APPROVED ON SECOND AND FINAL READING this the g day of , A. D., 19 f P , Mayor ATTEST: City�etary APPROVED AS TO FORM: City Attorney Robert E. Talton VOTING RECORD DECEMBER 18, 1989 Voting "Aye" - Councilmembers Miller, Tetens, Smith and Bost. Voting "No" - None Councilmember Wolff absent. VOTING RECORD - JANUARY 8, 1990 Voting "Aye" - Councilmembers Miller, Tetens, Wolff, Smith and Bost. Voting "No" - None PUBLICATION DATE: January 12, 1990 EFFECTIVE DATE: January 22, 1990 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS. 3