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Ordinance 2002-23 ORDINANCE NO.bXJ~ - P,3 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADOPTING THE 2000 EDITION OF THE INTERNATIONAL ENERGY CONSERVATION CODE, SAVE AND EXCEPT THE DELETIONS AND AMENDEMENT SET FORTH HEREIN; 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 t;ONSTRUCTION OF ALL BUILDINGS AND/OR STRUCTURES IN THE CITY OF WYLIE, TEXAS; REPEALING WYLIE ORDINANCE NOS. 94-38 AND 88- 28; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PP.OVIDING 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 adopt the 2000 Edition of the International Energy Conservation CQde; and WHEREAS, the Wylie Construction Board and the Building Official for Wylie have reviewed the 2000 Edition of the International Energy Conservation Code and both recommend adoption of the same by the City Council; and WHEREAS, the City Council finds that it will be advantageous and beneficial to Wylie and its inhabitants to repeal Ordinances Nos. 94-38 and 88-28. NOW, THEREFORE, BE IT ORE>AINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: FindinQs Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Repeal of Ordinance Nos. 94-38 and 88-28. Wylie Ordinance Nos. 94-38 and 88-28 are hereby repealed. Such repeal shall not abate any pending prosecution for violation of the repealed Ordinance Nos. 94- 38 and 88-28, nor shall the repeal prevent prosecution from being commenced for any violation if occurring prior to the repeal of Ordinance Nos. 94-38 and 88- 28. ORDINANCE ADOPTING THE 2000 INTERNATIONAL ENERGY CONSERVATION CODE - Page 1 L:\Agenda Packets\08-27-02 Agenda\2000 International Energy Conservation Co_de Ordinance.doc SECTION 3: Adoption of the 2000 International Eneray Conservation Code. The International Energy Conservation Code, 2000 Edition, copyrighted by the International Code Council, Inc., save and except the deletions and amendments as set forth in Section 4 below, is hereby adopted as the energy conservation code for Wylie, 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 ai1d illumination systems and equipment which will enable effective use of energy in new building construction of all buildings and/or structures in Wylie (the "2000 International Energy Conservation Code"). The 2000 International Energy Conservation, save and except the deletions and amendments as set forth in Section 4 below, is made a part of this Ordinance as if fully set forth herein. One (1) copy of the 2000 International Energy Conservation Code, 2000 Edition, copyrighted by the International Code Council, Inc. is on file in the office of the City Secretary of Wylie being marked and designated as the 2000 International Energy Conservation Code. SECTION 4: ReQional Amendments to the 2000 International EnerQY Conservation Code. The 2000 International Energy Conservation Code is amended as specified in the regional amendments recommended by the North Central Texas Council of Governments, as amended and as outlined in Exhibit "A" (the "Regional Amendments"). Thp- Regional Amendments are attached hereto as Exhibit "A" and incorporatej herein for all purposes. SECTION 5: Penalty Provision. Any person, firm, corporation or business 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 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 ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude .Nylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. ~ SECTION 6:. Savinas/RepealinQ Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repec.1,jed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. ORDINANCE ADOPTING THE 2000 INTERNATIONAL ENERGY CONSERVATION CODE - Page 2 L:\Agenda Packets\08-27-02 Agenda\2000 International Energy Conservation Cgde Ordinance.doc SECTION 7: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION B: Effective Date. This Ordinance shall become effective upon its passage and publication as required by the City Charter and by law. PASSED AND AP~OVED by the City Courcil of the City of Wylie, Texas this ~ day of '-'6t$r ' 2002. DA TE(S) OF PUBLICA nON: ORDINANCE ADOPTING THE 2000 INTERNATIONAL ENERGY CONSERVATION CODE - Page 3 L:\Agenda Packets\08-27-02 Agenda\2000 International Energy Conservation ~~de Ordinance. doc THE WYLIE NEWS Covering Wylie, Sachse, Murphy and the surrounding area 110 N. Ballard St. P.O. Box 369 Wylie, Texas 75098 972.442.5515 Fax 972.442.4318 STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned authority, on this day personally appeared Chad Engbrock, 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 t2ri!, 2 () 0).. <2...( . O1-zX eX 0 0 1.. - a.;( . {)vzJ< ,;( 0 o.{ - 02 3 t)-rQ d 0 0.). - do.. <f - ~ '1 was published in said new;paper on the followirig dates, to-wit: . J~r , 2002, and , 2002. CJ!t;;- Subscribed and sworn to before me this the ;<~ to certify which witness my hand and seal of office. day of tlL../- , 2002, PArrt J. 8AI<ER Notary Public State of Texas My Comm. Exp. 07-31-05 VJ& Notary Public in and for The State of Texas '7-3/-05 10 D3 ort My Commission Expires ORDINANCE NO. 2002.23 AN ORDINANCE OF TIlE CITY. OF WYLIE. TEXAS, ADOPTING THE 2000 EDITION OF THE INTERNATIONAL ENERGY CONSERVA- TION CODE. SAVE AND EXCEPT THE DELETIONS AND AMENDMENT SET FORTH HEREIN; REG- ULATING THE DESIGN OF BUILDING ENVELOPES FOR ADE- QUATE THERMAL RESISTANCE AND LOW AIR LEAKAGE AND TIlE DESIGN AND SELECTION OF MECHANICAL, ELEC- TRICAL, SERVICE WATER-HEATING AND ILLUMINATION SYS- TEMS AND EQUIP- MENT WHICH WILL ENABLE EFFECTIVE USE OF ENERGY IN NEW BUILDING CON- STRUCTION OF ALL BUILDINGS AND/OR STRUCTURES IN THE CITY ,OF WYLIE, TEXAS; REPEALING WYLIE ORDINANCE NOS. 94-38 AND 88-28; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVID- ING FOR REPEALING, SAVINGS AND SEVER- ABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR TIlE PUBLICATION OF THE CAPTION HERE- OF.