Ord. 0258-02 12-11-89ORDINANCE NO. 258-2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING SECTION 7-51 AND AMENDING SECTION 7-51.1
OF THE CITY CODE OF ORDINANCES, BY ADOPTING THE 1988
SOUTHERN STANDARD MECHANICAL CODE, AND MAKING CERTAIN
AMENDMENTS, MODIFICATIONS, ADDITIONS AND DELETIONS
THERETO; PROVIDING A PENALTY FOR VIOLATION; HAVING A
SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; AND
SPECIFICALLY REPEALING SECTION 7-53; PROVIDING FOR CODI-
FICATION, PUBLICATION AND AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That Section 7-51 of the Code of Ordinances of the
City of Pearland, Texas, shall be and the same is hereby amended to
read as follows:
"Sec. 7-51. Adoption of regulations; conflicting provisions.
For the purpose of establishing rules and regulations for the
installation of mechanical systems, new or existing, including
alterations, repairs, replacement, equipment, appliances, fix-
tures, fittings and/or appurtenances thereto, including but not
limited to ventilating, heating, cooling, air conditioning and
refrigeration systems, incinerators and other energy -related
systems, within the corporate limits of the City of Pearland,
Texas, there is hereby adopted and incorporated by reference as
the mechanical code of the city that certain mechanical code
known as the Standard Mechanical 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 mechanical code adopted by this
article and any other applicable provisions of state law or city
ordinance, rule or regulations, the provisions of this Code of
Ordinances, state law, or city rules and regulations shall be
controlling."
Section-2. That Section 7-51.1 of the Code of Ordinances of the
City of Pearland, Texas, shall be and the same is hereby amended to
read as follows:
"Sec. 7-51.1 Amendments, modifications, additions, deletions.
The mechanical code adopted in Section 7-51 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
(b) Schedule of Permit Fees.
Appendix C, Schedule of Permit Fees, 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 mechanical
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
independent 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 and specifically
repealing Section 7-53 of the Code of Ordinances.
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 publi-
cation of its caption and penalty, in the official City newspaper.
2
PASSED and APPROVED ON FIRST READING this o1 7 day of
, A. D., 1989.
ATTEST:
City Sijcretary
PASSED and APPROVED ON SECOND AND FINAL READING this
day of „,jai , A. D., 1989.
ATTEST:
City Se etary
APPROVED AS TO FORM:
City Attorney
//
Mayor
VOTING RECORD
FIRST READING (NOVEMBER 27, 1989)
Voting "Aye" - Councilmembers Tetens, Miller, Wolff and Smith.
Voting "No" - None.
Motion passed 4-0.
Councilmember Bost absent.
SECOND READING (DECEMBER 11, 1989)
Voting "Aye" - Councilmembers Bost, Smith, Wolff, Tetens and Miller.
Voting "No" - None.
Motion passed 5-0.
PUBLICATION DATE: DECEMBER 15, 1989
EFFECTIVE DATE: DECEMBER 25, 1989
PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS.
3
CON ol p@aalland
P. O. Box 2068 • Pearlond, Texas 77588-2068 • 485-2411
December 12, 1989
THE JOURNAL
Pearland, Texas
Re: Ordinance No. 258-2
Please publish the above legal on the following date:
December 15, 1989
Thank you.
City Secretary
KK:pv
Attachment
ORDINANCE NO. 258-2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING SECTION 7-51 AND AMENDING SECTION 7-51.1
OF THE CITY CODE OF ORDINANCES, BY ADOPTING THE 1988
SOUTHERN STANDARD MECHANICAL CODE, AND MAKING CERTAIN
AMENDMENTS, MODIFICATIONS, ADDITIONS AND DELETIONS
THERETO; PROVIDING A PENALTY FOR VIOLATION; HAVING A
SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; AND
SPECIFICALLY REPEALING SECTION 7-53; PROVIDING FOR CODI-
FICATION, PUBLICATION AND AN EFFECTIVE DATE.
Section.3. Any person, firm or corporation who shall violate or
fail to comply with the requirements or provisions of the mechanical
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. �7
PASSED and APPROVED ON FIRST READING this o1 / day of
/A.-)-11)-/A)
A. D., 1989.
Mayor
ATTEST:
City Secretary
PASSED and APPROVED ON SECOND AND FINAL READING this
day of , A. D., 1989. n
ATTEST:
City Seoetary
APPROVED AS TO FORM:
City Attorney
Y,c1
/f
Mayor
VOTING RECORD
FIRST READING (NOVEMBER 27, 1989)
Voting "Aye" - Councilmembers Tetens, Miller, Wolff and Smith.
Voting "No" - None.