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97-10 O - Ordinance Amending Nos. 89-03 and 96-10 Adopting the Southern Building Code CITY OF PROSPER TEXAS ORDINANCE NO. 9 7= 1 0 AN ORDINANCE OF THE CITY OF PROSPER, TEXAS, AMENDING ORDINANCE NO. 89-3 AND ORDINANCE NO. 96-10; ADOPTING THE 1994 EDITION OF THE SOUTHERN BUILDING CODE, VOLUME 1, 2, AND 3; UNIFORM FIRE CODE, VOLUME 1 AND 2; THE SOUTHERN MECHANICAL CODE; THE SOUTHERN PLUMBING CODE, AND THE SOUTHERN ELECTRICAL CODE; REGULATING THE BUILDING AND MAINTENANCE OF ALL BUILDINGS AND STRUCTURES INCLUDING ELECTRICAL, MECHANICAL AND PLUMBING CODES 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 r investigated and'determined that it would be advantageous and beneficial to the citizens of the City of Prosper, Texas ("Prosper") to amend Ordinance No. 89-3 and Ordinance No. 96-10 which 0 adopt the 1994 Edition of the Southern Building Code, the Uniform Fire Code, the Southern Mechanical Code, the Southern Plumbing Code, and the Southern Electrical Code as listed above. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PROSPER, TEXAS: SECTION 1.—The 1994 Edition of the Southern Building Code, the Uniform Fire Code, the Southern Mechanical Code, the Southern Plumbing Code and the Southern Electrical Code are hereby adopted as the building, maintenance, plumbing, electrical, mechanical and fire codes for the City of Prosper, Texas. A copy of the adopted 1994 codes are held in the office of the i City Secretary for the City of Prosper, Texas and are properly marked as the 1994 adopted codes. ORDINANCE AMENDING ORD.NO.89-3 AND ORD.NO.96-10 ADOPTING THE SOUrIIERN 131111,1)INC CODES AND THE UNIFORM FIRE CODE -Page 1 1:\mbox8\prosper\ad o p t.abc.\87007 C,.201\08/06/97 SECTION 2. 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. SECTION 3: 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 4: 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 fill 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 5: This Ordinance shall lake 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 9 day of SEPTEMBER _, 1997. EN COFFM A. Mayo-, City of Prosp ORDINANCE AMENDING ORD.NO.89-3 AND ORD.NO.96-10 ADOPTING THE SOUTHERN BUILDING CODES AND TIIE UNIFORM FIRE CODE -Page 2 1Anbox8\prosper\ad opt.ube1870076.201\08/06/97 ATTEST: APPROVED AS TO FORM: SHI LEY Id Abernathy, Roeder, Robertson City Secretary & Joplin, P.C. D. KAY WOODS City Attorneys DATE OF PUBLICATION IN THE MCKINNEY COURIER GAZETTE: SEPTEMBER 15, 1997 1 l ORDINANCE AMENDING ORDINANCE NO.89-3 AND ADOPTING THE 1993 AND 1994 UNIFORM CODES-Page 3 1:\mbox8\prosper\adopt.ubc\870076.201 e Printer's Fee $. 6, / ° No ?7— (C3 Estate of atj- -, j' 1?--3 PUBLISHER'S AFFIDAVIT THE STATE OF TEXAS COUNTY OF COLLIN, On this day personall appeared before the undersigned authority one of the publisher' fTHE DAILY COURIER-GAZETTE published at .. McKinney,Texas,who on oath says that the notice hereto annexed was published inrsaid newspaper. _oft thb; J' day of .. . • 1997 7 - ^i.on the ^=. day of 19 ..„. z -----J - : . LA- 4c-Zb ......' Publisher Svwior:ri_and.subscribed before me this °' day o 14',4 - 1917 46,14, 4i. i cW Notary Public, Collin County, Texas r-