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HomeMy WebLinkAboutOrdinance 11227:y • • ORDINANCE NO. ~/ AN ORDINANCE AMENDING THE ELECTRICAL CODE OF THE CITY OF FORT WORTH, CODIFIED A5 CHAPTER ].1 OF THE CODE OF THE CITY OF FORT WORTH , TEXAS (198 6 } , AS AMENDED , BY AMENDING SECTION 1©4 THEREOF, ENTITLED "EXCEPTIONS", TO PROVIDE THAT THE PROVISIONS OF SAID CODE SHALL NOT APPLY TO INSTALLATION AND MAINTENANCE OF OUTDOOR SECURITY LIGHTING AND APPURTENANCES TO OUTDOOR SECURITY LIGHTING WHICH ARE OWNED, OPERATED AND MAINTAINED BY AN ELECTRICAL UTILITY ANA INSTALLED ON PROPERTY OWNED BY THE UTILITY OR FOR WHICH A WRITTEN AGREEMENT IS ENTERED INTO BETWEEN THE UTILITY AND THE PROPERTY OWNER GRANTING TO THE UTILITY THE RIGHT TO CONSTRUCT, OPERATE AND MAINTAIN OUTDOOR, SECURITY LIGHTING AND APPURTENANCES TO OUTDOOR SECURITY LIGHTING; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE FOR THE VIOLATION THEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITX OF FORT WORTH, TEXAS: SECTION 1. That the Electrical Code of the City of Fort Worth, codified as Chapter 11 of the Code of the City of Fart Worth, Texas {1,986), as amended, is hereby amended by adding to Section J.A4 thereof, entitled "Exceptions", a paragraph providing for an additional exception to the applicability of the Electrical Code, which additional exception shall be identified as paragraph (k) and shall read as follows: "(k) Installation and maintenance of outdoor security lighting and appurtenances to outdoor security lighting which are awned, operated and maintained by an electric utility and installed on property. awned by the utility or for which a written agreement i.s entered into between the utility and the property owner granting to the utility the right to construct, operate and maintain. outdoor security lighting and appurtenances to outdoor security lighting, • provided that the utility: (1) remains responsible for the safe operation and maintenance of the installation; (2) adheres to the provisions of the National Electrical Safety Code or its successor; (3} installs the security lighting on utility-awned facilities; and (4) complies with all other applicable ordinances, rules and regulations of the City of Fort Worth " SECTION 2 This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth., Texas (1,986) , as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 3 It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases 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 an,y of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted b,y the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. 5ECTION 4. It shall be unlawful for any person to install, alter or repair any electrical equipment in the City or cause the same to be 2 • • done contrary to or in violation of any of the provisions of this Code Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this Code shall be fined not mare than Two Thousand Dollars (52,000.00) for each offense. Each day that a violation 9.s permitted to exist shall constitute a separate offense. SECTION 5. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of th.e provisions of Ordinance No 10671, as amended, or any other ordinances affecting electricity which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, bath civil and criminal, whether pending a.n court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the court. Electrical permits heretofore issued under existing ordinances shall be valid for the time being for which they are issued under the existing Electrical Code, but upon expiration thereof the same shall be void. SECTION 6. This ordinance constitutes a digest and revision of the Electrical Code of the City of Fort Worth, as provided in Section 2, Chapter XXV, and Section 9, Chapter XXVII, of the Charter of the City of Fort Worth. The Ca.ty Secretary of the City of Fart Worth, 3 r • • Texas, is hereby authorized to Publish tha.s ordinance in 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, as provided in Chapter XXV, Section 3, of the Charter of the City of Fort Worth, Texas SECTION 7 The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption, penalty clause anal effective date of this ordinance for two (2} days in the official newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013 of the Texas Local Government Code. SECTION 8. This ordinance shall. be in full force and effect from and after its Passage and publication as required by law and it is so ordained. 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