04-032 - OTOWN OF PROSPER, TEXAS ORDINANCE NO. 04-32
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
ORDINANCE NOS. 89-3, 96-10 AND 97-10; ADOPTING THE 2003 EDITION OF
THE INTERNATIONAL BUILDING CODE; REGULATING THE CONSTRUCTION,
ALTERATION, MOVEMENT, ENLARGEMENT, REPLACEMENT, REPAIR,
EQUIPMENT, USE AND OCCUPANCY, LOCATION, MAINTENANCE, REMOVAL
AND DEMOLITION OF EVERY BUILDING OR STRUCTURE OR ANY
APPURTENANCES CONNECTED OR ATTACHED TO SUCH BUILDINGS OR
STRUCTURES WITHIN THE TOWN OF PROSPER, TEXAS; PROVIDING FOR A
PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR
REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN
EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas ('Town Council') has
investigated and determined that it would be advantageous and beneficial to the citizens of the Town
of Prosper, Texas ('Prosper") to amend Ordinance Nos. 89-3, 96-10 and 97-10; and
WHEREAS, the Town Council has further investigated and determined that it would be
advantageous and beneficial to the citizens of Prosper to adopt the 2003 Edition of the International
Building Code, save and except the deletions and amendments set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the
body of this Ordinance as if fully set forth herein.
SECTION 2: Amendment of Ordinance Nos. 89-3, 96-10 and 97-10 and Adoption of the 2003
International Building Code. Ordinance Nos. 89-3, 96-10 and 97-10 are hereby amended by adopting
the International Building Code, copyrighted by the International Code Council, Inc., as the building
code for Prosper, regulating the construction, alteration, movement, enlargement, replacement, repair,
equipment, use and occupancy, location, maintenance, removal and demolition of every building or
structure or any appurtenances connected or attached to such buildings or structures within Prosper
(the "2003 International Building Code"). The 2003 International Building Code is made a part of this
Ordinance as if fully set forth herein. A copy of the 2003 International Building Code, copyrighted by
the International Code Council, Inc., is on file in the office of the Town Secretary of Prosper being
marked and designated as the 2003 International Building Code.
SECTION 3: Savings/Repealing Clause. Ordinance Nos. 89-3, 96-10 and 97-10 shall remain
in full force and effect, save and except as amended by this or any other ordinance. All provisions of
any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; 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. Any remaining portion of conflicting ordinances shall remain in full force and
effect.
SECTION 4: Penalty Provision. Any person, firm, corporation or business entity violating this
Ordinance shall be deemed guilty of a misdemeanor, and upon conviction therefore, shall be fined a
sum not exceeding Two Thousand Dollars ($2,000.00), and each and every day that such violation
continues shall be considered a separate offense; provided, however, that such penal provision shall
not preclude a suit to enjoin such violation. Prosper retains all legal rights and remedies available to it
pursuant to local, state and federal law.
SECTION 5: Severability. If any section, subsection, sentence, clause or phrase of this
Ordinance is for any reason, held to be unconstitutional or invalid by a court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions of this Ordinance. 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.
SECTION 6: Effective Date. This Ordinance shall become effective upon its passage and
publication as required by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, on this 13'h day of April, 2004.
ATTESTED AND CORRECTLY
RECORDED:
Date(s) of Publication: __ �a' l rO / � �r�23 ZZ, �he Dallas Morning News — Collin County Edition