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96-10 O - Amending Ordinance No. 89-03, Adopting Uniform Building and Fire Code CITY OF PROSPER TEXAS ORDINANCE NO. 9 6- 10 AN ORDINANCE OF THE CITY OF PROSPER, TEXAS, AMENDING ORDINANCE NO. 89-3; ADOPTING THE 1994 EDITIONS OF THE UNIFORM BUILDING CODE, VOLUMES 1, 2, AND 3; UNIFORM FIRE CODE, VOLUME 1 AND 2; UNIFORM MECHANICAL CODE; UNIFORM PLUMBING CODE; ABATEMENT OF DANGEROUS BUILDINGS, AND THE 1993 EDITION OF THE NATIONAL ELECTRICAL CODE;REGULATING THE BUILDING AND MAINTENANCE OF ALL BUILDINGS AND STRUCTURES INCLUDING ELECTRICAL, MECHANICAL, PLUMBING, HAZARDOUS CONDITIONS AND REGULATING ABATEMENT OF DANGEROUS BUILDINGS, OF ALL BUILDINGS AND\OR STRUCTURES THE IN.THE CITY OF PROSPER, TEXAS;PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFORE;PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE;PROVIDING FOR REPEALING AND SEVERABILITY • CLAUSES;PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Prosper, Texas ("City Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Prosper, Texas ("Prosper") to adopt the 1993 and 1994 Editions of the Uniform Codes listed above: • NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PROSPER, TEXAS: SECTION 1: Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. ORDINANCE ADOPTING UNIFORM CODES-Page 1 • 1:\mbox8\prosper\adopkubc\870076.201 SECTION 2: All provisions of any ordinance in conflict with this Ordinance are hereby repealed; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. SECTION 3: Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. SECTION 4: This Ordinance shall take effect immediately from and after its passage and publication in accordance with the laws of this state, and it is accordingly so ordained. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF PROSPER, TEXAS, on this 1 2 th day of MARCH , 1996. (//a ST COFF Mayor, City of Prosp r ORDINANCE ADOPTING UNIFORM CODES-Page 2 • I:\mbox8\prosper\adopt.ubc\870076.201 ATTEST: APPROVED AS TO FORM: S EY AC Abernathy, Roeder, Robertson City Secretary & Joplin, P.C. D. KAY WOODS City Attorneys • DATE OF PUBLICATION IN THE MCKINNEY COURIER GAZETTE: A P R I L 3 , 19 9 6 ORDINANCE AMENDING ORDINANCE NO.89-3 AND ADOPTING THE 1993 AND 1994 UNIFORM CODES-Page 3 • I:\mbox8\prosper\adoptubc\870076.201 . , . ' •,, - ,C,...1Y4tOri. t,: ,.'-- ,.-------------- --- -,--- . Printers Fe- $ No. in_ Estate Of ? -• ' - U-A-laC IllKAllytx) eS71-3 . PUBLISHER'S AFFIDAVIT THE STATE OF TEXAS COUNTY OF COLLIN, • On this day personally appeared before the undersigned authority one of the publisher f THE DAILY COURIERGAZETTE published at • McKinney,Texas,who on oath says that the notice hereto annexed was published in said newspaper. on the s.3/1.0 ,,,r day of Q-r-- 19 96. on the - • ' day of 19 ................. _ __ „ _,.., .... -s z„. --• .7- , ,.. ,-... ,-- ._ . --t---- --,1-2(1" `-Z- ---- - - T. PylioVisher Sh-lorn-an&subscr.tbeci before me this Qat.. day of ............. 9..:7......... f'll / / : Notary Publi , ollin ouniy,Texas . ' .. •