HomeMy WebLinkAbout1606 10-14-2003ORDINANCE NO. 1606
AN ORDINANCE AMENDING CHAPTER 34, ARTICLE IV,
SECTION 34- 106(a) OF THE CODE OF ORDINANCES OF
THE CITY OF EULESS; INCREASING THE MAXIMUM
SIZE FOR AN UNDERGROUND STORAGE TANK TO
20,000 GALLONS; REMOVING THE AGGREGATE
CAPACITY OF UNDERGROUND STORAGE TANKS
LOCATED ON A SINGLE PIECE OF PROPERTY;
RETURNING GUIDANCE FOR TANKS BACK TO THE
FIRE CODE IN EFFECT AT THE TIME OF
INSTALLATION; PROVIDING A PENALTY AS PROVIDED
IN SECTION 1 -12 OF THE CITY CODE; PROVIDING A
SEVERABILITY CLAUSE AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, increased technological advances and Code improvement has
increased the safety in and reduced the risk of undetected leaks in underground storage
tanks; and
WHEREAS, certain retail sales facilities need to use larger tanks and /or maintain
higher inventory than currently allowed by City Codes in order to remain competitive;
WHEREAS, the Fire Department feels a good margin of safety can be
maintained through the use of new technology and provisions of existing Codes both
now and in the future;
WHEREAS, underground storage tanks are regulated by both the Fire
Department and the Texas Commission on Environmental Quality;
WHEREAS, the City Council finds that the current regulations are overly
restrictive and that the City's interest in public safety and environmental quality can be
met through the provisions of this ordinance and through other existing codes and
regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS:
THAT Chapter 34, Article IV, Section 34- 106(a) of the Code of Ordinances be
amended to read as follows:
Sec. 34 -106. Service Stations
(a) Maximum Storage Capacity. No single underground storage tank installed for
service station fueling operations may exceed a maximum capacity of 20,000 gallons.
SEVERABILITY CLAUSE. That 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 invalid or unconstitutional by the valid judgement or
decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall
not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of
this ordinance, since the same would have been enacted by the City Council with out
the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause,
sentence, paragraph or section.
FIT
PENALTY FOR VIOLATION. Any person, firm, or corporation violating any of
the terms and provisions of this ordinance shall be deemed guilty of a misdemeanor,
and upon conviction thereof shall be fined in accordance with Chapter 1, Section 1 -12,
"General Provisions," Euless Code of Ordinances. Each such violation shall be deemed
a separate offense and shall be punishable as such hereunder.
IV.
EFFECTIVE DATE. This ordinance shall be in full force and effect from and after
its passage and publication as provided by the Euless City Charter and the laws of the
State of Texas.
PRESENTED AND GIVEN FIRST AND FINAL READING AND APPROVED at a
regular meeting of the Euless City Council on the 14th day of October, 2003, by a vote
of 7 ayes, 0 nays, and 0 abstentions.
APPROVED:
Mary Lib aleh, Mayor
ATTEST:
Susan Crim, , City Secretary
OrXnanee No. 1606, Page 2 of 2
APPROVED AS TO FORM: