Ord 15-89 3/7/1989 t
ORDINANCE NO. 15-89
ORDINANCE AMENDING ARTICLE II OF CHAPTER 18-1/2 OF THE
CODE OF ORDINANCES AND AMENDING SUBSECTION 102. 5 OF
ORDINANCE NO. 2733 , THE PLUMBING CODE, TO COMBINE THE
MECHANICAL CODE BOARD OF ADJUSTMENTS AND APPEALS AND THE
PLUMBING ADVISORY BOARD AND ESTABLISHING A PLUMBING AND
MECHANICAL BOARD OF ADJUSTMENTS AND APPEALS
WHEREAS, it is deemed to be advisable and in the public
interest to combine the present Mechanical Code Board of
Adjustments and Appeals and the Plumbing Advisory Board into a
single board to be known as the Plumbing and Mechanical Board
of Adjustments and Appeals.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. Article II of Chapter 18-1/2 of the Code of
Ordinances is hereby amended to read as follows:
"ARTICLE II . Plumbing and Mechanical Board of Adjustments
and Appeals.
Sec. 18-1/2-21. Board established; composition.
There is hereby established a board to be called the
Plumbing and Mechanical Board of Adjustments and Appeals, which
shall consist of nine members who shall be appointed by the
City Council. This board shall be composed of one master and
one journeyman plumber (currently licensed by the Texas State
Board of Plumbing Examiners) , two air conditioning contractors
(currently licensed by the Texas Department of Labor and
Standards) , one mechanical engineer (currently licensed under
the Texas Engineering Practices Act) , one mechanical
contractor, one representative from Lone Star Gas Company, one
representative of the local home building industry, and one
citizen at-large with no direct financial interest in the
construction industry.
Sec. 18-1/2-22. Terms of members.
Of the members first appointed, five shall be appointed to
serve until December 31, 1989, and four shall be appointed to
serve until December 31, 1990. Thereafter, each member shall
be appointed to serve for a term of two years. Terms shall
expire on December 31, but each member shall continue to serve
until his or her successor is appointed. Vacancies shall be
filled for the unexpired term. No member shall serve more than
two consecutive terms. Continued absence of any member from
regular meetings of the board shall, at the discretion of the
City Council, render any such member liable to immediate
removal from office.
Sec. 18-1/2-23 . Quorum; conflict of interest.
Five members of the board shall constitute a quorum. In
varying any application of the provisions of the Plumbing Code
or the Mechanical Code, or in modifying an order of the
Building and Code Administrator, affirmative votes of the
majority present, but not less than five affirmative votes,
shall be required. No board member shall act in any case in
which he or she has a personal interest.
Sec. 18-1/2-24. Secretary; records.
The Building and Code Administrator or his designee shall
act as secretary of the board and shall make a detailed record
of all board proceedings.
Sec. 18-1/2-25. Board procedures; meetings.
The board shall establish rules and regulations for its
own procedure not inconsistent with the provisions of the
Plumbing Code or Mechanical Code. The board shall meet at
regular intervals, to be determined by the board, or in any
event, the board shall meet within ten (10) days after notice
of appeal has been received.
Sec. 18-1/2-26. Appeals.
Whenever the Building and Code Administrator shall reject
or refuse to approve the mode or manner of installation
proposed to be followed or materials to be used, or when it is
claimed that the provisions of the Plumbing Code or Mechanical
Code do not apply, or that an equally good or more desirable
form of construction can be employed in any specific case, or
when it is claimed that the true intent and meaning of the Code
or any of the regulations thereunder have been misconstrued or
wrongly interpreted, any person aggrieved by such decision or
interpretation may appeal from the decision of the Building and
Code Administrator to the board. Notice of appeal shall be
upon forms as provided by the Building and Code Administrator
and such appeal shall be made within thirty ( 30) days after the
decision is rendered by the Building and Code Administrator or
his designee.
Sec. 18-1/2-27. When variance allowed.
The board, when so appealed to and after a hearing, may
vary the application of any provision of the Plumbing Code or
Mechanical Code to any particular case when, in its opinion,
the enforcement thereof would do a manifest injustice, and
would be contrary to the spirit and purpose of the Code or
public interest, or when in its opinion, the interpretation of
the Building and Code Administrator should be modified or
reversed.
Sec. 18-1/2-28. Modifications to specify conditions,
reasons.
A decision of the board to vary the application of any
provision of the Mechanical Code or Plumbing Code or to modify
an order of the Building and Code Administrator shall specify
in what manner such variation or modification is made, the
conditions upon which it is made and the reasons therefor.
Sec. 18-1/2-29. Form of and handling of decisions.
Every decision of the board shall be final, subject,
however, to such remedy as an aggrieved party might have at law
or in equity. It shall be in writing and shall indicate the
vote upon the decision. Every decision shall be promptly filed
in the office of the Building and Code Administrator, and shall
be open to public inspection; a certified copy shall be sent by
mail or otherwise to the appellant and a copy shall be kept
publicly posted in the office of the Building and Code
Administrator for two weeks after filing.
Sec. 18-1/2-30. Decision to be without delay.
The board shall, in every case, reach a decision without
unreasonable or unnecessary delay.
Sec. 18-1/2-31. Reversal or modification of Building
and Code Administrator' s decision.
If a decision of the board reverses or modifies a refusal,
order or disallowance of the Building and Code Administrator,
or varies the application of any provision of the Code, the
Building and Code Administrator shall immediately take action
in accordance with such decision.
Sec. 18-1/2-32. Recommendation concerning codes.
The board shall, from time to time, as may be necessary,
submit recommendations to the City Council for the adoption of
new codes or ordinances. "
SECTION 2. Subsection (a) of Section 110, Section 111 and
Section 112 of the Southern Standard Mechanical Code are hereby
deleted.
SECTION 3 . Subsection 102.5 of Ordinance No. 2733, the
Plumbing Code, is hereby amended to read as follows:
"( 102.5) Plumbing and Mechanical Board of Adjustments and
Appeals
The Plumbing and Mechanical Board of Adjustments and
Appeals, as established by Article II of Chapter 18-1/2 of the
Code of Ordinances, shall have authority to hear and determine
appeals concerning the Plumbing Code, in accordance with the
provisions of such Article II of Chapter 18-1/2 of the Code of
Ordinances. "
PASSED AND APPROVED this the 7th day of March, 1989.
M A Y O
ATTEST:
✓ c �)ZlG �/ lft>rcl- �'
City Clerk
1
Ad 301370
Affidavit of Publication
ORDINANCE NO. 14-89
ORDINANCE AMENDING
CHAPTER 31,ARTICLE III OF THE THE STATE OF TEXAS
CODE OF ORDINANCES WHICH
REGULATES LIMOUSINES AND COUNTY OF WICHITA
SPECIAL SERVICE VEHICLES.
ORDINANCE NO. 15-89
(r ORDINANCE AMENDING
ARTICLE II OF CHAPTER 18-1/2 re)
OF THE CODE OF ORDINANCES
AND AMENDING SUBSECTION On this 2 4th day of March
102.5 OF ORDINANCE NO.
2733,THE PLUMBING CODE,TO
COMBINE THE MECHANICAL 1989
CODE BOARD OF ADJUSTMENTS A.D. personally appeared before me, the undersigned authority
AND APPEALS AND THE PLUMB-.
ING ADVISORY BOARD AND ES- Dar l e e M i ng
TABUSHING A PLUMBING AND bookkeeper
MECHANICAL BOARD OF AD-
JUSTMENTS
DINA CE O. 16-8. for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls
ORDINANCE NO. 16-89 g p y p
ORDINANCE WAIVING SEC-
TIONS 22.1(a)(B) AND j Times/Record News, a newspaper published at Wichita Falls in Wichita County,
22-1(a)(9)OF THE CODE OF OR-.
DINANCES TO ALLOW THE SALE Texas, and upon being duly sworn by me, on oath states that the attached
OF FOOD AND SOFT DRINKS
AND THE POSTING
ADVERTISING DEVICES AT OF advertisement is a true and correct copy of advertising published
HAMILTON PARK TENNIS •
CENTER FOR A TENNIS TOUR- in 0 n e `.1 issues thereof on the following dates:
NAMENT TO BENEFIT DRUG
FREE NORTH TEXAS,.INC ON March 2 0 1989
APRIL1V22 AND 23, 1989.
ORDINANCE NO 1749
ORDINANCE AUTHORIZING THE
CITY TO JOIN WITH SELECTED
TEXAS CITIES ON SEEKING
PASSAGE OF A BILL ON IN-
DIGENT HEALTH CARE AND AP-j
PROPRIATING FROM EQUITY Bookkeeper for Times Publishing Company
S2o,000.
of Wichita Falls
(SEAL) Subscribed and sworn to before me this the day and year first above written.
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