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Ord. 0517 07-28-86w ORDINANCE NO. 517 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING SECTION 23-1 AND CRE- ATING A NEW SECTION 23-1.1 OF THE CITY CODE OF ORDINANCES, BY ADOPTING THE SOUTHERN STANDARD PLUMBING CODE, 1985 EDITION, AND MAKING CERTAIN AMENDMENTS, MODIFICATIONS, ADDITIONS AND DELE- TIONS THERETO; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE AND SPECIFICALLY REPEALING SECTIONS 23-2 THROUGH 23-149 OF THE CITY CODE; PROVIDING FOR CODIFICA- TION, PUBLICATION AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That Section 23-1 of the Code of Ordinances of the City of Pearland, Texas shall be and the same is hereby amen- ded to read as follows: "See. 23-1. Adoption of regulations; conflicting provisions. For the purpose of establishing rules and regulations for all plumbing installation, including alterations, repairs, re- placement, equipment, fixtures, appliances, fittings and ap- purtenances, and when connected to a water or sewage system or systems, within the corporate limits of the City of Pear - land, Texas, there is hereby adopted and incorporp.ted herein by reference as the plumbing code of the City that certain plumbing code known as the Standard Plumbing Code, 1985 Edi- tion, with revisions, recommended and published by the South- ern Standard Building. Code Congress International, which code is published in book form and which is referred to, incorpo- rated 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 plumbing 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 there is hereby created a new Section 23-1.1 of the Code of Ordinances of the City of Pearland, Texas, which shall hereafter read as follows: "Sec. 23-1.1. Amendments, modifications, additions, deletions. The plumbing code adopted in section 23-1 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. (b) Schedule of Permit Fees. Appendix H, Permit Fees, is hereby expressly deleted in its entirety, and the City Council shall, from time to time, establish fees here- under, 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 plumbing code herein adopted shall be deemed guilty of a mis- demeanor, and shall, upon conviction by a court of competent juris- diction, 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 independent provision and such holding shall not affect the validity of the remeining portions thereof. Section 5. All Ordinances in conflict herewith are hereby repealed, but only to the extent of such conflict; further, Sections 23-2 through 23-149 of the Code of Ordinances of the City of Pearland, Texas are hereby expressly repealed. 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 Ordi- nance, 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 there- after become effective ten (10) days from and after its publica- tion, or the publication of its caption and penalty, in the offi- cial City newspaper. day of PASSED AND APPROVED ON FIRST READING this the / V 9tt , 1986. Mayor, City of Pearland, Texas ATTEST: Kay K"iouse, City Secretary PASSED AND APPROVED ON SECOND AND FINAL READING this the d day of ATTEST: Kay Kr use, City Secretary APPROVED AS TO FORM: L ke L. aniel, City Attorney 4] Mayor, City of Pearland, Texas VOTING RECORD (FIRST READING) JULY 14, 1986 Voting "Aye" - Councilmembers Roberts, Tetens, Frauenberger, Bost and Mack. Voting "No" - None. Motion passed 5 to 0. VOTING RECORD (SECOND READING) JULY 28, 1986 Voting "Aye" - Councilmembers Roberts, Frauenberger, Bost and Mack. Voting "No" - None. Motion passed 4 to 0. PUBLICATION DATE: AUGUST 01, 1986 EFFECTIVE DATE: AUGUST 112, 1986 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS