04-033 - OTOWN OF PROSPER, TEXAS ORDINANCE NO. 04-33
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, ADOPTING THE 2003
EDITION OF THE INTERNATIONAL ENERGY CONSERVATION CODE,
REGULATING THE DESIGN OF BUILDING ENVELOPES FOR ADEQUATE
THERMAL RESISTANCE AND LOW AIR LEAKAGE AND THE DESIGN AND
SELECTION OF MECHANICAL, ELECTRICAL, SERVICE WATER -HEATING
AND ILLUMINATION SYSTEMS AND EQUIPMENT WHICH WILL ENABLE
EFFECTIVE USE OF ENERGY IN NEW BUILDING CONSTRUCTION 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 adopt the 2003 Edition of the International Energy Conservation
Code.
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: Adoption of the 2003 International Energy Conservation Code. The International
Energy Conservation Code, 2003 Edition, copyrighted by the International Code Council, Inc., is
hereby adopted as the energy conservation code for Prosper, regulating the design of building and
selection of mechanical, electrical, service water -heating and illumination systems and equipment
which will enable effective use of energy in new building construction located within Prosper (the
'2003 International Energy Conservation Code"). The 2003 International Energy Conservation Code
is made a part of this Ordinance as if fully set forth herein. A copy of the 2003 International Energy
Conservation Code, 2003 Edition, 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
Energy Conservation Code.
SECTION 3: Savings/Repealing Clause. 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Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any
pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution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 13th day of April, 2004.
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ATTESTED AND CORRECTLY
RECORDED:
Dates of Publication: J /'+2f-'t� � 0�_ �3�'�t L� () /�� The Dallas Morning News —Collin County Edition