HomeMy Public PortalAboutOrdinance No. 1162-10 02-23-2010 1162-10
CITY OF RICHLAND HILLS ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RICHLAND HILLS ADOPTING THE
2008 CODE; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS; PROVIDING
A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET
FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Richland Hills is a home rule city acting under its charter adopted
by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the
Local Government Code; and
WHEREAS, pursuant to Chapter 211 of the Local Government Code and the City's inherent
power as a home-rule city, the City has adopted Chapter XIV of the City Code, entitled Buildings
and Building Regulations, which includes adoption of the 2002 National Electrical Code; and
WHEREAS, the City Council now wishes to adopt the 2008 Edition of the National Electric
Code to modernize and update the City's building regulations regarding electrical issues;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
RICHLAND HILLS, TEXAS:
SECTION 1.
AMENDMENT OF SECTION 14-76 TO ADOPT
THE 2008 NATIONAL ELECTRICAL CODE
Section 14-76 of Article III, Division 2, of Chapter 14 of the Richland Hills City Code is
hereby amended to provide as follows:
The 2008 Edition of the National Electrical Code is hereby adopted as the
official electrical code ofthe City ofRichland Hills, Texas, and is fully incorporated
by reference as though copied into this ordinance in its entirety. The material
contained in such code shall not be included in the formal municipal codification of
ordinances but shall be maintained as a public record in the office of the City
Secretary and will be available for public inspection and copying during regular
business hours.
SECTION 2.
DELETION OF SECTION 14-77 TO
REFLECT LACK OF LOCAL AMENDMENTS
Section 14-76 of Article III, Division 2, of Chapter 14 of the Richland Hills City Code is
hereby deleted in its entirety.
SECTION 3.
PROVISIONS CUMULATIVE BUT CONFLICTING ORDINANCES REPEALED
This Ordinance shall be cumulative of all provisions of all existing ordinances and of the
Code of Ordinances of the City of Richland Hills, Texas, as amended, except where the provisions
ofthis ordinance are in direct conflict with the provisions of such existing ordinances and code, in
which event the conflicting provisions of such ordinances and Code are hereby repealed.
SECTION 4.
PROVISIONS SEVERABLE
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs and sections of this Ordinance are severable, and if any phrase, clause,
sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect
any of the remaining, phrase, clauses, sentences, paragraphs or sections ofthis Ordinance since the
same would have been enacted by the City Council without incorporation in this Ordinance of any
such unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 5.
PENALTY
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply
with or who resists the enforcement of any ofthe provisions ofthis Ordinance shall be fined no more
than Two Thousand Dollars and no cents ($2,000.00) for all violations involving zoning, fire safety
or public health and sanitation, including dumping or refuse, and shall be fined not more than Five
Hundred Dollars and no cents ($500.00) for all other violations ofthis Ordinance. Each day that a
violation is permitted to exist shall constitute a separate offense.
SECTION 6.
PREVIOUSLY ACCRUING RIGHTS AND REMEDIES SAVED
All rights and remedies of the City of Richland Hills, Texas, are expressly saved as to any
and all violations of the provisions of any version of the Electrical Code or any other ordinances
affecting such code which have accrued at the time of the effective date ofthis Ordinance; and, as
to such accrued violations and all pending litigation, both civil and criminal, whether pending in
court or not, under such ordinances same shall not be affected by this Ordinance but may be
prosecuted until final disposition by the courts.
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SECTION 7.
PUBLICATION
The City Secretary of the City of Richland Hills is directed to publish the caption, penalty
clause, publication clause and effective date of this ordinance in one issue of the official city
newspaper as authorized by Section 52.013 of the Local Government Code.
SECTION 8.
PUBLICATION IN PAMPHLET FORM
The City Secretary of the City of Richland Hills is hereby authorized to publish this
ordinance in book or pamphlet form for general distribution among the public, and the operative
provisions of this ordinance as so published shall be admissible in evidence in all courts without
further proof than the production thereof.
SECTION 9.
EFFECTIVE DATE
This Ordinance shall be in full force and effect form and after its passage and publication as
provided by law, and it is so ordained.
PASSED AND APPROVED ON THIS 23 Y OF February
'
T HONORABLE DAVID L. GAN, MAYOR
ATTEST:
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INDA CANTU, TRMC, CITY SECRETARY
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EFFECTIVE DATE: February 23, 2010 =v ~ ,a_
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APPROVED TO ORM AND LEGALITY:
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TIM G. SRALLA, CITY ATTORNEY
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