04-039 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 04-39
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
ORDINANCE NOS. 89-3, 96-10 AND 97-10; ADOPTING THE 2002 EDITION OF
THE NATIONAL ELECTRICAL CODE, INCLUDING, WITHOUT LIMITATION,
ARTICLE 80; REGULATING THE ERECTION, INSTALLATION, ALTERATION,
REPAIRS, RELOCATION, REPLACEMENT, ADDITION TO, USE OR
MAINTENANCE OF ELECTRICAL SYSTEMS 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 2002 Edition of the National
Electrical Code, including, without limitation, Article 80.
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 to Ordinance Nos. 89-3, 96-10 and 97-10 and Adoption of the 2002
National Electrical Code, including, without limitation, Article 80. Ordinance Nos. 89-3, 96-10 and 97-
10 are hereby amended by adopting the National Electrical Code, including, without limitation, Article
80, 2002 Edition, copyrighted by the National Fire Protection Association as the electrical code for
Prosper, regulating the erection, installation, alteration, repairs, relocation, replacement, addition to,
use or maintenance of electrical systems within Prosper (the "2002 National Electrical Code"). The
2002 National Electrical Code is made a part of this Ordinance as if fully set forth herein. A copy of
the National Electrical Code, 2002 Edition, copyrighted by the National Fire Protection Association, is
on file in the office of the Town Secretary of Prosper being marked and designated as the 2002
National Electrical 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 13th day of April, 2004.
CH RLE I GER YOR
ATTESTED AND CORRECTLY
RECORDED:
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Date(s) of Publication .lQ/ i WI - h r he Dallas Morning News - Collin County Edition