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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.