HomeMy WebLinkAboutORD 1362 - ORD Relating to Plumbing and Gas Matters
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ORDINANCE NUMBER 1362
AN ORDINANCE RELATING TO PLUMBING AND GAS MATTERS; AMENDING THE
CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS;
ADOPTING STANDARD PLUMBING AND GAS CODES, WITH AMENDMENTS; AND
CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT.
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WHEREAS, the City Council desires to update the standard plumbing
and gas codes now in use, and the City Council also desires to set up
certain standard procedures for the use of such codes; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY
PLACE, TEXAS:
Section 1. That Articles I, II and III of Chapter 17 (including
Sections 17-1 through 17-55) of the Code of Ordinances of the City of
West University Place, Texas are hereby amended in their entirety to
read as follows:
ARTICLE I. IN GENERAL.
Sec. 17-1. Plumbing & Gas Board.
There is hereby created the plumbing and gas
board of the City (lIboardll or IIP&GBII). The P&GB
shall consist of five members appointed by the
city council. In addition, the building official
and the public works superintendent shall meet
with the board to advise the board, but they
shall not be members and may not vote.
Sec. 17-2. Qualifications, Terms, Vacancies.
(a) Each member of the board shall be
appointed to a specific position: position 1, 2,
3, 4 or 5. Each person 'appointed to position 1
must hold a master plumber.s license. Each
person apppointed to position 2 must be either a
sanitary or mechanical engineer. Each person
appointed to position 3 must be associated with a
plumbing business. Each person appointed to
position 4 or 5 shall be a representative of the
general public. However, if the city council
determines that no qualified person having the
qualifications specified for position 1,' 2 or 3
is available to serve on the board, the city
council may appoint such persons as the council
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Ordinance Number 1362
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determines are best qualified to perform the
functions of the board.
(b) Each position shall have successive
two-year terms of office, with each term
beginning on September 1 of each odd-numbered
year and extending through August 31 of the next
following odd-numbered calendar year. Each
member appointed shall serve for the specific
term, or the unexpired portion thereof, of the
position to which the member is appointed.
Appointments for upcoming terms may be made no
sooner than 60 days prior to the beginning of the
term.
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(c) Each member of the board shall also
serve after the expiration the term of office for
the position to which he was appointed, until his
successor is duly selected and shall have
qual ified.
(d) In the event ~f death, resignation or
removal from office of any member, a successor
shall be appointed.and qualified to serve the
remaining unexpired portion of the term of office
of the position so becoming vacant.
Sec. 17-3. Compensation of members.
The appointed members of the P&GB shall
receiye;no compensation for their,services,;and
th~ advisors:to the P&GB shall receive no
additional compensation-for service to the P&GB.
This provision shall not prohibit reimbursement
for actual and reasonable expenses incurred by
authority of the city manager or the city
council.
Sec. 17-~. Removal of members.
If it appears to the city council, upon
notice from the P&GB or otherwise, that any
member of the P&GB, has, ceased to meet the
qualifications for appointment or has, without
good and sufficient reason therefor, failed to
attend three consecutive meetings of the, P&GB, or
has become otherwise incapable or unfit to serve
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Ordinance Number 1362
as a member of the P&GB, the council may find and
declare such fact, and this action shall be final
and conclusive. Upon making such a finding and
declaration, the council shall declare such
position to be vacant and shall make a new
appointment thereto as provided in this Article.
Sec. 17-5. Officers.
The P&GB shall elect a chairman (unless a
chairman has been designated by the City Council)
and a vice-chairman from among its members to
serve such terms and under such conditions as the
P&GB shall fix (except as to any chairman named
by the City Council). The building official
shall keep the minutes, records and other
documents pertaining to P&GB activities.
Sec. 17-6. General powers and duties; appeals.
(a) The P&GB shall hear and determine
appeals from actions of the building official
arising under the plumbing code or the gas code
or the other provisions of this chapter 17,
including the provisions relating to solar
energy.
(b) The P&GB has authority in any hearing
or appeal procedure where it is authorized to
act, to affirm, reverse, modify or remand
decision of the building official. In such a
proceeding, the P&GB may take whatever action the
building official should have taken.
(c) The P&GB has final authority to
interpret the plumbing code, the gas code and the
other provisions of this chapter 17, including
the solar energy provisions. The P&GB may issue
advisory opinions on such ordinances pursuant to
such limitations and rules as it may prescribe.
(d) The P&GB shall advise the building
official and may from time to time make
recommendations to the city councilor other city
officials as to matters relating to the P&GB1s
jurisdiction.
(e) The P&GB shall have no power to make
any contract, lease or other agreement on behalf
of the city, or employ any person to be an
employee of or to be paid by the city, or to
incur any debt or liability whatsoever on behalf
of the city.
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Sec. 17-7. Variances.
On appeal or otherwise, the P&GB has
authority to issue variances from the provisions
of the ordinances over which the P&GB has
appellate jurisdiction,< as provided in this
Article. Variances may only be issued in
accordance with the procedures and standards
prescribed for the issuance of variances from the
building code, as stated in Chapter 60f this
code. TheP&GB shall be the only board
authorized to issue variances from the ordinances
over which the P&GB has jurisdiction.
Section 17-8. Adoption of rules.
The P&GB shall adopt such rules covering
meetings of the P&GB and other matters relating
to its organizational functions as it deems
proper.
,ARTICLE II. "PLUMBING
Section 17-16. Plumbing Code adopted.
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The Standard Plumbing Code, 1988 Edition of
the Southern Building Code Congress
International, Inc. (IIStandard Plumbing Codell) is
hereby adopted and ordained by referenced and
i ncorporatedi nto thi s, Chapter by reference, as
fully as though it were copied herein fully, but
subject ,to :theexcepti ons stated i nthi s 'i
Article. The Buildi'ng Official, : selected in
accordance with Chapter,6,of this Code, shall be
the II Pl umbi ng Offici a 111 referred, to in the
Standard Plumbing Code.
Sec. 17-17. Exceptions.
The following exceptions are made from the
Standard Plumbing Code adopted by this Article:
(i) Provisions related to fees and charges
for permits are not adopted.
(ii:) Provisions, relating to the board of
adjustments and appeals are not adopted; instead,
the provisions relating'tnthe P&GB shall app~y
to the Standard Plumbing Code.
(iii) "Provisions relating to the manner of
app lyi ng for permits and the processi ng of
permits shall not apply; instead, the manner of
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Ordinance Number 1362
applying for permits and the processing of
permits shall be governed by the general permit
provisions of Chapter 60f this Code, insofar as
appli cab 1 e.
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(iv) Section A07.4 (relating to 'freezing) is
amended to read in its 'ent.i rety as -fo'll ows: UNo
water pipe shall be installed or permitted,
outside of a building, or concealed in outside
walls or in any place where it may be subjected
,to freezing temperature, unless adequate
provision is made to protect it from freezing.1I
(v) Neither Section 414 of the Standard
Plumbing Code nor Appendix E of the Standard
Plumbing Code shall apply; private sewage
disposal systems of the sort described in such
provisions are prohibited within the City, and it
shall be unlawful for any person to construct,
own or operate any such facilities or systems.
(vi) The following is added at the beginning
of Section 501~1:'~Evenithough listed in Table
500, none of the following is allowed for use as
water distribution piping:.. Type Mcopper tube,
plastic water pipe or lead-based pipe. This
prohibition shall,apply notwithstanding any other
provision in this Standard Code to the
contrarY~11I : I,
(vii) Add the following at the end of Section
602.6 of the Standard Plumbing Code (relating to
flexible couplings): IINotwithstanding any other
provision in this Code to ,the:contrary, flexible
coupling may only be used for 'waste, drain and
vent installations.1I
(viii) The following language is deleted
from the end of Section 910.2 (relating to
construction of showers): IIShower compartments
located in basements, :cellers,or in other rooms
in which the:floor has been laid directly on the
ground need not be lined.1I
(ix) Section 1002.4 (relating to copper
tube) is amended by adding the following at the
end of said Section: IICopper tubing, regardless
of size~ must be supported at. least once for
every ten ,feet inlength.1I
(x) Section 1002.6 (relating to plastic
pipe) is amended by adding the following at the
end of said Section: IIPlastic pipe, regardless
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Ordinance Number 1362
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of size, must be supported at least once for
every ten'feet of length. II
(xi') Section 1205.1. 1 (relating to
underground materials) is amended to read in its
enti rety as fallows: UMateri a 1 s for underground
water service pipe shall be minimum Type L copper
watertube, galvanized steel, brass, or cast iron
pressure pipe as listed in Table 500. However,
Type M copper water tube and pressure-rated
plastic pipe are permitted only in sprinkler
systems downstream of the stop and backflow
preventer. Water pipe and fittings with more
than 8.0% lead shall not be used. II
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(xii) Section 1210~1.1 (relating to
aboveground materials) is amended to read in its
entirety as follows: IIAbove'Ground--brass,
minimum Type L water tube~ stainless steel water
tube, minimum Grade H, cast iron pressure pipe
and galvanized steel, with approved fittings,
shall be used for water distributionpiping.1I
(xiii) Section 1210.1.2 (relating to
underground materials) is amended to read in its
entirety as follows: uUnaccessible water
distribution piping under'slabsshall be copper
water tube minimum-Type K, brass, cast iron
pressure pipe, or galvanized 'steel pipe, all to
be installed with approved fittings or bends.
Any materials subject to corrosion shall be
protected:when used in corrosive;soils.1I
(xiv) Section 1308-.5 (relaUng,to duplex
equipment for sumps), is amended to read: in its
entirety as follows: IIAll sumps, if used, shall
be provided with-duplex pumping equipment.1I
(xv) Section 140L4 (relating to piping
underground) is amended to read in: its, entirety
as follows: IIVent'piping'place~ underground
shall be of cast iron~ copper tube of a weight
not less than-that of Type DWV; plastic piping or
heavy schedule borosilicate glass. Material
subject to, corros,ion sha 11 be protected when
installed tn corrosive soil.1I
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'. (xvi) Se,cti ons 1411.1, 1411. 2, and,141L3 are
deleted, from the Standard P-liumbingCode, and the
following is inserted in its' place: 111411.1 Wet
Venting. Wet ventin~ shal~ not be allowed except
when authorized by the Plumbing Official in
hardship or unusual c~ses~1I
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Ordinance Number 1362
(xvii) The f1rst paragraph of ,Section 1501
(relating to storm drains, general) is amended to
read in its entirety as follows: liThe provisions
of this Chapter are applicable to interior
leaders, building storm drains, building storm
sewers, exterior conductors, downspouts, roof
gutters and other storm drainage fixtures and
faci 1 ities. II
(xviii) Section'1501.1 (relating to drainage
required) is amended to--read in its entirety as
foll ows: IIRoofs, paved areas, yards, courts,
courtyards, gutters, drains and other facilities
or areas which will collect water shall be
drained into a storm sewer system or into street
gutters leading toa stor.m.sewer.1I
(xix) Section 1502.3 (relating to building
storm drains) is amended to read in its entirety
as follows: "Building storm drains underground
inside the building ,shall be of aluminum, cast
iron soil pipe, copper tube Type DWV or plastic
piping minimum SCH 40.11
(xx) Section 1502.4 (relating to building
storm sewers) is amended to-read in its entirety
as follows: liThe building, storm sewers shall be
of cast iron soil pipe, plastic pipe meeting the
requirements of Table 500 or copper tube Type
DWV.II .
(xxi) Chapter 16 is deleted in its entirety.
(xxii) Appendix A is not .adopted, except for
the following Sections which are adopted:
Section A 101.3.5 (relating to maintenance),
Section A 103.1 (relating to when a permit is
required), Section A 103.2 (relating to drawings
and specifications, including all subsections),
Section A 103.3.2 (relating to affidavits),
Section A 103.6.2 (relating to a permit issued on
the basis of an affidavit), Section A 103.8.6,
(relating to required tests), Section A 103.8.7
(relating to drainage and vent tests, all
subsections), Section, A 103.8.8 (relating to
tests of water supply), Section A 103.8.9
(relating to building sewer, all subsections),
Section A 103.8.1G (relating to tests of interior
leaders or downspouts), Section A 103.8.11
(relating to covering the work), Section A
103.8.12 (relating to tests for defective
plumbing), and Section A 107 (relating to
viol ati ons and pena It-ies.). .
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Ordinance Number 1362
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(xxiii) Appendices B,C, 'D (except 'for
provisions relating to the BaCkflow and
Back-S.i phonage Control Board,whi ch provisions
are covered in substance by the provisions of
this Chapter relating to 'the P&GB), F, G~ I
(Sections I 101 and I 104 only), ~nd K are~ll
adopted. However, the adoption of such
appendices does ,not i,ndicate that all of the
facilities or structures described in such
appendicies either exist within the City 'or are
allowed within the City at the time of this
adoption; instead, ,such adoption is made for
existing improvements and for ,the the possibility
that other facilities, or structure,s might someday
exist within th'e City (ff allowed by other
Ordinances of the City).
(xxiii) Appendices E(relating to private
sewage disposal, H (relating to permit fees) and
J(relating to water 'conservation) are not
adopted.
ARTICLE III. GAS,
II, '
Section 17-36. Adoptiori of Standard Gas tode.
The Standard Gas todei 1988 Edition, of the
Southern BOildi.~gCode Congress International,
Inc. ,( "Standard GasCode',q, i,s hereby adopted and
ordai riedby reference and"i ncorpoyiated ' into ithi s
Chapter by reference,' as, fully as' though it were
copied herein"fully,' but subject to the: ,
exceptions stated in this Arti<cle. The Building
Official, selected in accordance with Chapter 6
of thi~ Code, jh~11 be the Gas'Official mentioned
in such,Gas Code~
Section i17~37. ,Exceptions.
The following exceptions are made from the
Standard Gas Code' adopted by this:.Article:" ,.'.
,: (i) "'Section 103, (relating to permits) is
hereby amended by adding the following at the end
of said Section:' ' 'IHowever,' a gas' permit. 'under
this Code is not required' merely for setting or
connecting a gas-appliance to ahi existing'
stopcoCk (a 1 though a permit: for such app 1 i ance"
may be required under another ordinance of the
City). "
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Ordin~nce Number 1362
(ii) The provisions pf,such Standard ,Gas
Code relating to the Board of Adjustments and
Appeals are not adop;ted;, instep.d, the P&~B
provided for in this Chap,tersha 11 have the
jurisdi.ction andfunc~ion prescribed in this
Chapter.
(ii;) Section 30.6.2' (relat,ing to metalic
tubing) is amended,torea4 in its ~ntirety as
fo 11 ows: IIWhen acceptable to the Gas Offi cia 1 ,
seamless copper or steel tubing may be used, but
copper tubing :may.only be ~sed for a yard service
line.Coppe,r tubing ,sh,all be a standard Type K
complying with ASTM, B 88 or ASTM ,B 280. Steel,
tubing shall ,comply ,with ASTM A 539. When
requested by the Gas Official, tin-lined copper
tubing complying with specifications of this
paragraph s,ha 11 be ,used.,1I ,
(iv) SectiQ,n311.2, (relating to method of
testing) is amended to read in its entirety as
follows: IILow pressure (not in excess of 0.5
psi) gas piping shall witbstanda pressure of
at least 10 inches of mercury for a period of not
less than ten minutes without showing any drop in
pressure, except that the following shall apply
in the,case of new.construction: The newly
constructed system must withstand a pressure of
at least 25 psi ,for a Period of not less than 10
minutes without showing any drop in pressure as
an initial pressure test, and the system must
also withstand a:pressure of , at. least 10 inches
of mercury for a,period,of not less than 10
minuteS without.showing any drop in pressure as a
final pressure test. Migher:pressure piping must
withstand a pressure of at least 10 psi, but
never less than twice the maximum pressure to
which the piping will be subjected in operation,
for a period of not less than 10 minutes without
showing any drop in pressure, ,but the higher
pressures required for new construction, above,
shall be used to test new construction in lieu of
the 10 psi level ,pres~ribed by this sentence.1I
(v) ,Section 402.7.'1 (~elating'io gas ,
appliances and garagesJ is amended to read in its
enti rety as .to llows,: n I f any, gas app 1 i ance is
located within a garage, the burner manifold, the
p;lot nozze 1 and, a~1Y oth,er source of fl ame must
be at least eighteen inches above th~ floor.1I
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(vi) Section 403.1.1 (relating to connection
of gas app 1 i ances) is amended to read in its
entirety as follows: IIGas appliances shall be
connected by rigid pipe, or listed appliance
connectors that are in the same room as the
appliance or semi-rigid tubing in lengths up to
three feet that are, in the same room as the
appliance.II
(vii) Section 403.1.3 (relating to connecting
gas appliances) is amended to read in its
entirety'as follows: IIAll ga's appliances shall
have accessible gasshlltoff valves locaterlno
further than three feet from the appliance,
installed upstream from the union or the
connector they serve and in the same room as the
appl iance. II
(viii) The last sentence of 'section 504.2.2
(relating to water heater drain pans) is amended
to read as follows:' IIAlldrain pans 'shall ,have a
minimum 3/4 inch drain.~'
(ix) Section 504.4 (relating to connections
of water heaters) is amended by adding the
following at the end of such Section: II Every
attic or furred space in which water heaters are
installed shall be accessible by'!anopeninglarge
'enough ,for the largest piece of equipment to pass
through, but in no case less than 22 inches by 36
inches, and there mustbe,a floored walkway at
least 24 inches wide providing access to such
water heater.' The work area or servicing area
around the water heate~ must0be floored and must
be no less than,36 inches wide and 36 inches deep
in front of the control ~rea"of the unit.1I
(x) Chapter 9 is totally 'deleted and shall
be replaced by the following:,,'IIUndHuted
liquified petroleum gas, or ILPGI, shall not be
used at anyf'ixed installat'ion within' the C.ity,
except that this does n'ot prohi bit the use of
such gas in quantities often gallons or less.1I
(xi) The following portions of Appendix A of
the Standard Gas Codeareiadopted:" Sect.ion A
101.3.5 (relating: to maintenance'), Section A
103.3.2 (relating to affidavits), Section A
103.6.2 (,re1 a'ting to, a permit i s'sued on the basis
of an affidavit), ~nd Secti~n A 107 (relating to
violations and penalti.es);. the remaining portions
of Appendix A are not adopted.
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Ordinance Number 1362
'(xii)' Appe~dices Band E of the, Standard Gas
Code are 'hereby adopted,. Append; ces C andD aTe
not adopted.
(xiii) Provisions relating to the manner of
applying for permits or processing permits are
not adopted; instead', the general permit
provisions of Chpater 6 of this Code shall govern
these activities, insofar as applicable.
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Section 2. Subsection (a) of ' Section 17-70 of the Code of
Ordinances of the City of West University Place, Texas (relating to
interpretation of artic:le, provisions) 'is hereby amended -to read as
foll ows:
(a) The Plumbing & Gas Board shall have jurisdiction over
this Article insofar as it relates to systems using solar energy
for the heating of water.
Section 3. Section 17-76'of'the Code of Ordinances of the City of
West University Place, Texas is hereby.amended to read in its entirety
as follows:
Section 17-76.Application~ Proceduresi etc~
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Applications for'permits, the handling of permits, appeals from
decisions from the Bui'lding 'Official, variances. and all other
related matters arising under this Article shall be governed by
the appropriate provisions of Chapter 6 of this Code, and subject
to the appropfiate review board as provided in this Article.1I
Section 4. Subject to the provisions of this ordinance, the
following Sections of the Code'of Ordinances of the City of West
University Place, Texas are repealed: Section 17-77 (relating to plans
to be submitted), Section 17-78' (relating to review of plans by the
City), Section 17-82 (relating to posting permits), Section 17-83
(relating to appeals from the denial of permit), and Section 17-84
(relating to tentative approval of designs of solar energy systems).
Section 5. (a) This ordinance applies only to permit
applications filed, and violations committed, on or after its
effective date. Applications filed and violations committed
before the effective date are governed by the ordinances in
existence before the effective date, and such ordinances are
continued in effect or such purpose as if this ordinance were
not in force. For purposes of this'section, a violation is
committed on or after the effective date of this ordinance if
any element of the violation occurs on or after the: effective
date, and an application is not deemed to be filed before the
effective date unless it'is complete, in'total compliance with
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Ordi nance Number 1362
all applicable requirement~~and physically delivered to ~he
appropriate city official before the effective date. However,
any person aggrieved by an action of the building official
before the effective date of this ordinance may appeal such'
action to the appropriate hearing 'board after'theeffective date
of this ordinance, and the board has the appellate powers
specified in this ordinance with respect to such actions of the
building official.
(b) The Pl umbi ng Board of the Ci ty shall be succeeded
immediately by the Plumbing & Gas Board, except that all current
terms of office sha 11 end on August 31, 1991. The fo 11 owi ng
persons are appointed and reappointed to the Plumb'ing & Gas
Board to the postions indicated below, all of which shall have
terms of office expiring on August 31, 1991:
Pos iti on 1, Mr. T.O. Sword (who shall be Chairman)
Position 2, Mr. John A. Hughes. '..
Position 3, Mr. Robert K. Wark.
Position 4, Mr. Roy Harper.
Position 5, To be aooointed later
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L__i Section 6. All ordinances and parts of ordinances in:
conflict herewith are hereby repealed to the extent of the
conflict only, except as otherwise specifically provided.
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Section 7. If any word, phrase, clause, sentence,
paragraph, section or other part of this ordinance or the
application thereof to any person or circumstance, shall ever be
held to be invalid or unconstitutional by any court of competent
jurisdiction, the remainder of this~ordinanceand the
application of such word, phrase, clause, sentence, paragraph,
section or other part of this ordinance to any other persons or
circumstances shall not be affected thereby.
Section 8. The City Council officially finds, determines
and declares that a sufficient written~notice of the date, hour,
place and subject of each meeting at which this ordinance was
discussed, considered or acted upon was given in the manner
required by the Open Meetings Law, TEX. REV. CIV. STAT.
ANN. art. 6252-17, as amended, and thateach'such meeting has
been open to the public as required by law at all times during
such discussion, consideration and action. The City Council
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Ordinance, ,Number 1362
ratifies, approves and confirms such notices and the contents
and posting thereof., 1 '"
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Section 9. This ordinance shall take efffect, on the tenth
day following its publication, as pro,v,ided for. in the City
Charter.
PASSED AND APPROVED ON FIRST READING this
, 1988.
day of
Councilmembers Voting Aye:
,'.i
Councilmembers Voting No:
Councilmembers Absent:
PASSED AND APPROVED ON SECOND READING this
, 1989.
day of .
Councilmembers Voting Aye:
Councilmembers Voting No:
l' :
Councilmembers Absent:
Signed:
I . . ~
"Laura C.Higley, Mayor:,
ATTEST:
Audrey Nichols
Ci ty Secreta ry
., ,
( SEAL)
',Approved.as to form:
James L. Dougherty, Jr.
City Attorney
II: ..
" - .-'-
146
u
o
J