04-035 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 04-35
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
ORDINANCE NOS. 96-10 AND 97-10; ADOPTING THE 2003 EDITION OF
THE INTERNATIONAL MECHANICAL CODE; REGULATING THE DESIGN,
INSTALLATION, MAINTENANCE, ALTERATION AND INSPECTION OF
MECHANICAL SYSTEMS THAT ARE PERMANENTLY INSTALLED AND
UTILIZED TO PROVIDE CONTROL OF ENVIRONMENTAL CONDITIONS
AND RELATED PROCESSES WITHIN BUILDINGS LOCATED 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. 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 Mechanical 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.
International Mechanical Code. Ordinance Nos. 96-10 and 97-10 are hereby amended by
adopting the International Mechanical Code, copyrighted by the International Code Council, Inc.,
as the mechanical code for Prosper, regulating the design, installation, maintenance, alteration
and inspection of mechanical systems that are permanently installed and utilized to provide
control of environmental conditions and related processes within buildings located within
Prosper (the "2003 International Mechanical Code"). The 2003 International Mechanical Code
is made a part of this Ordinance as if fully set forth herein. A copy of the 2003 International
Mechanical 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 Mechanical Code.
SECTION 3: Savings/Repealing Clause. Ordinance Nos. 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provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent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.
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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.
CHARLEsUWANGER, MAYOR
ATTESTED AND CORRECTLY
RECORDED:
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Date(s) of Publicatio �C �{%� g " �7�-JThe Dallas Morning News —Collin County Edition
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