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Ord. 1047 12-10-01ORDINANCE NO. 1047 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 7, BUILDING, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS THEY MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO ADOPT AND INCORPORATE BY REFERENCE VARIOUS REGULATORY CODES GOVERNING THE AFOREMENTIONED CHAPTER; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR PUBLICATION, CODIFICATION, AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO REGULATE PROPER CONSTRUCTION OF BUILDINGS INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That Chapter 7, Building, is hereby amended to adopt and incorporate by reference the International Residential Code for one and two family dwellings, 2000 Edition, and the International Energy Code, 2000 Edition. Section 2. Declaration of Emergency. The Council finds and determines that the need to regulate proper construction of buildings inures to the benefit of the public and, therefore, bears directly upon the health, safety and welfare of the citizenry; and that this Ordinance shall be adopted as an emergency measure, and that the rule requiring this Ordinance to be read on two (2) separate occasions be, and the same is hereby waived. 1 ORDINANCE NO. 1047 Section 3. Penalty. Any person who shall violate the provisions of this section shall be deemed guilty of a misdemeanor and shall be punished as provided by Section 1-11 of the Pearland Code of Ordinances. Each day such violation continues shall be deemed a separate offense. Section 4. Savings. All rights and remedies which have accrued in favor of the City under this Chapter and amendments thereto shall be and are preserved for the benefit of the City. Section 5. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise unenforceable by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 6. Repealer. All ordinances and parts of ordinances in conflict herewith are hereby repealed, but only to the extent of such conflict. Section 7. Codification. It is the intent of the City Council of the City of Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's official Code of Ordinances as provided hereinabove. Section 8. Publication/Effective Date. The City Secretary shall cause this Ordinance, or its caption and penalty, to be published in the official newspaper of the City of Pearland, upon passage of such Ordinance. The Ordinance shall then become 2 ORDINANCE NO. 1047 effective ten (10) days from and after its publication, or the publication of its caption and penalty, in the official City newspaper. PASSED and APPROVED on First and Only Reading this the 10' day of December, A.D., 2001. J 1 ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 3 TOM REID MAYOR VOTING RECORD (FIRST AND ONLY READING DECEMBER 10, 2001) Voting "Aye" - Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger. Voting "No" - None. Motion passes 5 to 0. PUBLICATION DATE: DECEMBER 12, 2001 EFFECTIVE DATE: DECEMBER 22, 2001 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS .f' AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and .Harris Counties I, Randy Emmons, hereby certify that the notice hereby appended was published in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris & Galveston Counties, for /- issues, as follows: Date Date Date No. Date 20 Subscribe: and sworn 20 0 i o before me this s President. 41 *; s s iraviatwiwzimunaktme Inn En MOM TRU b Commission Expires 9-9-02 ` f • . _sexes: Ordinance No. 1047 130lish"ed•Dec.:12; 2001 ORDINANCE N0,1047`.. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAP- TER 7, BUILDING, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS THEY MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO ADOPT AND INCORPO- RATE BY ' REFERENCE VARIOUS REGULATORY CODES GOVERNING THE AFOREMENTIONED CHAP- B TER; PROVIDING A PENAL- l TY FOR VIOLATION; CON- ; TAINING A 'SAVINGS 1 it CLAUSE, A SEVERABILITY „ CLAUSE AND A REPEALER CLAUSE; -PROVIDING FOR PUBLICATION, CODIFICA- TION, AND AN EFFECTIVE DATE;'AND DECLARING AN EMERGENCY BECAUSE I -THE NEED TO REGULATE PROPER, CONSTRUCTION OF BUILDINGS INURES TO THE BENEFIT.OF THE PUB- LIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH;. SAFETY AND' WELFARE OF THE CITIZEN- RY. I ISection 3. Penalty. Any person who shall violate the provisions of this section shall be deemed guilty of a misde- meanor and shall be pun- ished as provided by Section , 1-11 of the Pearland Code of , Ordinances. acl day-sach-- - violation continues shall be deemed a separate offense. PASSED and APPROVEDon First and Only Readmgps rher_10th_dp0L emb D., 2001., , Isl Tom Reid Mayor ATTEST: /s/ Young Lorfing City Secretary APPROVED AS TO FORM: /s/ Darrin Coker City Attorney VOTING RECORD (First and Only Reading Dec. 10, 2001) -Voting "Aye" - Councilmembers Beckman, Owens, Seeger, and Marcott. Voting "No" - None. APPROVED AS TO FORM: Motion passes 4 to 0, with Councilmember Wilkins absent. PUBLICATION DATE December 12, 2001 EFFECTIVE DATE: December 22, 2001. Published--as-required by Section 3.10 of the Charter -Of --- the City of Pearland, Texas.