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Ordinance No. 1,243ORDINANCE. NO. 1243 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN AMENDING CHAPTER 24, PLUMBING, OF THE CODE OF ORDINANCE, BY THE AMENDMENT OF SECTIONS 8.3.3 AND 12.1.3 OF THE "SUGGESTED PLUMBING CODE.... PREPARED BY THE TEXAS MUNICIPAL LEAGUE AND DISTRIBUTED IN THE MONTH OF JULY, 1971 ", INCORPORATED BY REFERENCE IN ORDINANCE 1117 OF THE CITY OF BAYTOWN, THEREOF SO AS TO REPEAL THE PROVISIONS OF SUCH SECTIONS AS PRESENTLY CONSTITUTED AND TO SUBSTITUTE THE PRO- VISIONS OF NEW SECTIONS 8.3.3 AND 12.1.3; PROVIDING FOR A REPEALING CLAUSE, CONTAINING A SAVINGS CLAUSE, PROVIDING PENALTIES FOR VIO- LATION OF THIS ORDINANCE AND PROVIDING FOR THE PUBLICATION AND EF- FECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: Chapter 24 of the Code of Ordinances of the City of Baytown is hereby amended by the amendment of Sections 8.3.3 and 12.1.3 of the "Suggested Plumbing Code... Prepared by the Texas Municipal League and Distributed in the Month of July, 1971 ", incorporated by reference in Ordi- nance No. 1117, introduced, read and passed by the affirmative vote of the City Council of the City of Baytown on the 17th day of August, 1971, by re- pealing Sections 8.3.3 and 12.1.3 thereof, and the same shall cease to have force and effect from and after the effective date of this ordinance. Section 2: The Code of Ordinances, herein is hereby amended by adding thereto new Sections 8.3.3 and 12.1.3 in Chapter 24, Plumbing, which shall read as follows, to -wit: Section 8.3.3 Advisory Responsibility of the Board. The Board shall submit to the City Council such recommendations for the improvement and revision of this Code and such recommendations for deviations from this Code for trial of new materials, methods or techniques, as it may from time to time deem necessary and proper in light of the development of new materials, methods or techniques which would result in a better and more economical installation. All re- quests for use of materials or methods not covered in this Code shall be fully supported by factual evidence, or prior approval, from a re- cognized testing agency or such impartial qualified authority acceptable to the Board. Section 12.1.3 Materials Not listed. Materials other than those listed for the various uses may be permitted upon approval of the Plumbing Appeals and Advisory Board. The Board shall not approve any material unless the same is shown to e be equal to or better than materials listed in this Ordinance. Materials other than those listed for various uses may be permitted, on a test case basis, upon recommendation of the Plumbing Appeals and Advisory Board and approval of Council. The Board, for this purpose, shall not recommend any material unless same is shown to be equal to or better than materials listed in this ordinance. Section 3: Repealing Clause: All ordinances or parts of ordi- nances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 4: Savings Clause: If any provision, section, exception, subsection, paragraph, sentence, clause or phrase of this ordinance or the application of same to any person or set of circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances and to this end all provisions of this ordinance are declared to be severable. Section 5: Penalty Clause: Any person who shall violate any provision of this ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than Ten ($10.00) Dollars, nor more than Two Hundred ($200.00) Dollars. Each day of the continuance of such vi- olation shall be considered a separate offense and each and every day shall constitute a separate violation. Section 6: Effective Date: This ordinance shall take effect from and after ten (10) days from its passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing the caption of this ordinance to be published in the official newspaper of the City of Baytown at least twice within ten days after the passage of this ordinance. -2- INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown, Texas, this 20th day of, ATTEST: EDNA OLIVER, City Clerk APPROVED: NEEL RIC ARD ON, City Attorney June 1972. i -o C. GLEN WALKER, Mayor -3-