Ordinance 2012-40ORDINANCE NO. 2012 -40
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REPEALING
ORDINANCE NO. 2005 -65; ADOPTING THE 2011 EDITION OF THE
NATIONAL ELECTRIC CODE, SAVE AND EXCEPT THE
DELETIONS AND AMENDMENTS SET FORTH HEREIN;
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 City Council of the City of Wylie, Texas ( "City Council ") has
investigated and determined that it would be advantageous and beneficial to the citizens of the
City of Wylie, Texas ( "Wylie ") to repeal Wylie Ordinance No. 2005 -65; and
WHEREAS, the City Council has investigated and determined that it would be
advantageous and beneficial to the citizens of Wylie to adopt the 2011 Edition of the National
Electric Code, save and except the deletions and amendments set forth below (the "2011
National Electric Code ").
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, 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SECTION 2: Ordinance No. 2005 -65 Repealed. Ordinance No. 2005 -65 is hereby
repealed in its entirety and replaced by this Ordinance. The effective date of the repeal discussed
in this Section shall not occur until the effective date of this Ordinance at which time Ordinance
No. 2005 -65 shall be repealed. Such repeal shall not abate any pending prosecution and /or
lawsuit or prevent any prosecution and /or lawsuit from being commenced for any violation of
Ordinance No. 2005 -65 occurring before the effective date of this Ordinance.
SECTION 3: Adoption of the 2011 National Electric Code. The National Electric Code,
copyrighted by the National Fire Protection Association, Inc., is hereby adopted as the Electric
Code, prescribing regulations applicable to all residential and non - residential structures and
constitutes minimum requirements and standards for commercial, residential and non - residential
construction applications. The 2011 National Electric Code is made a part of this Ordinance as if
fully set forth herein. One (1) copy of the 2011 National Electric Code is on file in the office of
the City Secretary of Wylie being marked and designated as the 2011 National Electric Code.
SECTION 4: 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
Ordinance No. 2012 -40
Repealing Ordinance No. 2005 -65;
Adopting the 2011 Edition of the National Electric Code
Page 1
615762.v1
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. A reference in any ordinance to an earlier or different version of an electric code is
hereby amended to refer to the 2011 National Electric Code as it is adopted herein or may be
subsequently amended.
SECTION 5: Penalty Provision. Any person, firm, corporation or entity violating this
Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be
subject to a fine not to exceed the sum of FIVE HUNDRED AND NO /100 DOLLARS
($500.00), unless the violation relates to fire safety, zoning or public health and sanitation,
including dumping and refuse, in which the fine shall not exceed the sum of TWO THOUSAND
AND NO /100 DOLLARS ($2,000.00). Each continuing day's violation under this Ordinance
shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not
preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and
remedies available to it pursuant to local, state and federal law.
SECTION 6: 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. Wylie 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 7: Effective Date. This Ordinance shall be published as required by the City
Charter and by law, and shall become effective on February 1, 2013.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, on this 25th day of September, 2012.
ATTESTED AND CORRECTLY
RECO DED:
Carole Ehrlich ity Secretary
Date(s) of Publication: October 3, 2012 in the Wylie N
Ordinance No. 2012 -40
Repealing Ordinance No. 2005 -65;
Adopting the 2011 Edition of the National Electric Code
Page 2
615762.0
Eric Hogue, ' ay r
,Mr. *_1�
��rA7aQ OF for
Dii, 1 t fal111rolidiv )wrr,; • klurph% Monilos + I Ire Princeton I lerald ,,. Ncws • THE WYLIF NEWS
C&S.
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority, on this day personally appeared Chad Engbrock,
publisher of The Wylie News, a newspaper regularly published in Collin County, Texas
and having general circulation in Collin County, Texas, who being by me duly sworn,
deposed and says that the foregoing attached:
City of Wylie
Ordinances
was published in said newspaper on the following dates, to -wit:
October 3, 2012
apt----
'V Chad Engbrock, Publisher
2
Subscribed and sworn before me on this, the J day of 2012
to certify which witness my hand and seal of office.
KIESNA Q. HILL
Notary P,L,i c, State of Texas Notary Public in and for
My Gomh n Expires State of Texas
March 21 21, 2013
My commission expires
k9i.i," S' ii," V "'Ii, 0i 10% t3.Jlmt I•i "+ }i<,x:'W) >'A)Iw [.A? €)�)S•�+ 1t ^- »15•t,t�`)? i.) ", -6,i5
fi) l f3oe '+i 2 « (.r3)ncrsJlt_ Va -', t-i'_ • y7? 78- 1 - (� =)'°
ORDINANCE
NO. 2012410
AN ORDINANCE
OF THE CITY OF
WyLIE, TEXAS,
REPEALING OR-
DINANCE NO.
2005 -65; ADOPT
ING THE 2011
EDITION OF THE
NATIONAL ELEC-
TRIC CODE, SAVE
AND EXCEPT THE
DELETIONS AND
AMENDMENTS
SET FORTH HERE-
IN; PROVIDING
FOR A PENALTY
FOR THE VIOLA-
TION OF THIS
ORDINANCE;
PROVIDING FOR
REPEALING,
SAVINGS AND
SEVERABILITY
CLAUSES; PRO-
VIDING FOR AN
EFFECTIVE DATE
OF THIS ORDI-
NANCE; AND PRO-
VIDING FOR THE
PUBLICATION
OF THE CAPTION
HEREOF.
21-U402-332