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Ord. 0258-01 06-23-86ORDINANCE NO. 258-1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING SECTION 7-51 AND CRE- ATING A NEW SECTION 7-51.1 OF THE CITY CODE OF ORDINANCES, BY ADOPTING THE 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; PRO- VIDING FOR CODIFICATION, PUBLICATION AND AN EF- FECTIVE 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 mis- demeanor, and shall, upon conviction by a court of competent juris- diction, be punished as provided in Section 7-53 of the Code of Ordinances of the City. day of ATTEST: PASSED AND APPROVED ON FIRST READING this the O 7e11.04/2-17_, Kay Kr use, City Secretary , 1986. /7 Z' / -14-1 Mayor, City of Pearland, Texas ORDINANCE NO. 258-1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING SECTION 7-51 AND CRE- ATING A NEW SECTION 7-51.1 OF THE CITY CODE OF ORDINANCES, BY ADOPTING THE 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; PRO- VIDING FOR CODIFICATION, PUBLICATION AND AN EF- FECTIVE 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 amen- ded 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 city limits of the City of Pear- land, Texas there is hereby adopted and incorporated by refe- rence as the mechanical code of the city that certain mechani- cal code known as the Standard Mechanical Code, 1985 Edition, with revisions, recommended and published by the Southern Stan- dard Building Code Congress International, which code is pub- lished in book form and which is referred to, incorporated herein and made a part hereof for all purposes, a true and correct copyof 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 there is hereby created a new Section 7-51.1 of the Code of Ordinances of the City of Pearland, Texas, which shall hereafter 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. (b) Schedule of Permit Fees. Appendix C, Schedule of Permit Fees, is hereby ex- pressly 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 mis- demeanor, and shall, upon conviction by a court of competent juris- diction, be punished as provided in Section 7-53 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 in- dependent provision and such holding shall not affect the validity of the remaining portions thereof. Section 5. All Ordinances in conflict herewith are here- by 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 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 publication, or the publication or its caption and penalty, in the official City newspaper. PASSED AND APPROVED ON FIRST READING this the day of , 1986. Mayor, City of Pearland, Texas ATTEST: y 7 Kay Kr use, City Secretary PASSED AND APPROVED ON SECOND AND FINAL READING this the 020 day of ,,t , 1986. ATTEST: Kay K use, City Secretary APPROVED AS TO FORM: 7 C n'eI 46, AfeCZD -City Attorney Mayor, City of Pearland, Texas VOTING RECORD (FIRST READING) JUNE 9, 1986 Voting "Aye" Voting "No" VOTING - Councilmember Mack, Councilmember Bost, Councilmember Tetens, and Councilmember Roberts - None RECORD (SECOND READING) JUNE 23, 1986 Voting Voting "Aye" - Councilmember Roberts, Councilmember Tetens, Councilmember Frauenberger, Councilmember Bost, and Councilmember Mack "No" - None PUBLICATION DATE: JUNE 27, 1986 EFFECTIVE DATE: JULY 07, 1986 PUBLISHED AS. REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS.