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Home My WebLink AboutORD 1980-030 ORDINANCE NO. 80-30 AN ORDINANCE OF THE CITY OF GRAPEVINE AMENDING "THE CODE OF ORDINANCES, CITY OF GRAPEVINE" BY AMENDING CHAPTER ELEVEN, FIRE PROTECTION AND PREVENTION, SECTION 11-46 DEALING WITH SERVICE STATION PER- � MITS BY PROVIDING A DEFINITION OF SERVICE STATIONS AND FLAMMABLE LIQUIDS; TO PROVIDE FOR COMPLIANCE WITH UFC ARTICLES ON FLAM- � MABLE AND COMBUSTIBLE LIQUIDS AND UFC ARTICLES ON LIQUEFIED PETROLEUM GASES AND STATE OF TEXAS REGULATIONS ON FLAMMABLE LIQUID AND LP GAS DOCKET; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY AND DECLARING AN EMERGENCY. wHEREAS, the City has regulated the location of retail service stations that store and dispense flammable liquids since 1939 with the passage of Ordinance Number 37, and WHEREAS, the City Council has concluded that due to the increase in traffic resulting from the operation of a service station, safety aspects of the handling of flammable liquids in close proximity to surrounding, adjacent and contiguous development, the noise, odors, smoke and fumes eminating from the operation of a service station, the impact on adjoining property values and the owners and inhabitants of same that the City should continue the regulation of the location of ,,,�„ said retail service stations as the safety, health, comfort, convenience, welfare, order and good government of the City '� require the City to continue such regulation; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TE3E CITY OF GRAPEV INE: SECTION 1. That the Code of Ordinances, City of Grape- vine is hereby amended by amending Chapter 11, Section 11-46 to hereinafter read as follows : "Section 11-46 Service Station Permits A. Definitions. 1) Retail Service Stations - A retail service station shall be defined for the purpose of this ordinance as being that portion of a lot, tract or parcel of land where flammable liquids are stored and dispensed from fixed equipment into the fuel tanks of motor vehicles and for the servicing of portable tanks used in the � following examples: camping equipment, motor homes, mobile homes and for any other purpose. � 2) Flammable Liquids means any liquid having a flash point below 104 degrees Fahrenheit and having a vapor pressure not exceeding forty (40) pounds per square inch (absolute) at 100 degrees Fahrenheit, and does include liquef ied petroleum gases. B. 1) All construction, storage, handling, dispensing, location and supervision of handling of flammable liquids at retail service stations must comply with UFC Articles on Flammable and Combustible Liquids and UFC Articles on Liquefied Petroleum Gases and State of Texas reg- ulations on Flammable Liquid and LP Gas '"""' Docket and all other applicable City, State and Federal Regulations including Texas. Rev. Civ. Stat. Ann. Art. 9201. � C. 1) Any person, firm or corporation de- siring to erect a retail service station within the corporate limits of the City af Grapevine, Texas shall file a written application with the City Secretary re- questing the issuance of such permit. 2) The applicat ion shall contain a copy of the plans and specifications of all proposed buildings, structures and fixtures to be erected including the location of all points of ingress- egress and a diagram showing proposed internal traffic flow. An application fee of $50.00 shall accompany each application. � 3) The City Council upon receipt of � notice from the City Secretary that an application has been received shall call "�" a public hearing for the purpose of con- sidering the application. 4) Written notice of the public hearing shall be sent by U.S. Mail at the address shown on the last approved tax rolls of the City to all property owners owning property within 200 feet of the proposed retail service station location. The notices shall be deposited in the Mail at least ten (10) days prior to the hearing date. 5) Upon conclusion of the public hearing, the City Council, after considering all aspects of the application, including the proximity to surrounding, adjacent and con- tiguous land and development, the impact � of noise, odors, smoke and fumes eminating ""�""' from the proposed operation, the vehicular traffic to be generated both on site and on the public streets, the effect on ad- � joining property values and the owners and inhabitants of same and the overrall impact the said retail service station shall have on the safety, health, comfort, convenience, welfare, order and good government, shall, shall either approve the request with such conditions, requirements or restrictions that may be appropriate or deny the request." SECTION 2. Severability. If any section, sentence, phrase, ward, paragraph, or provisions of this ordinance or the application of that section, sentence, phrase, word, paragraph, or provision to any person, situation or circum- stances is for any reason adjudged invalid, the adjudica- tion shall not affect any other section, sentence, phrase, word, paragraph or provision of this ordinance or the application of any other section, sentence, phrase, word, paragraph, or provision to any other person, situation, ''� or circumstances, nor shall such adjudication affect any other section, sentence, phrase, word, paragraph or pro- vision of the Grapevine City Code. The City Council de- `�" clares that it would have adopted the valid portions and applications of this ordinance without the invalid part, and to this end the provisions of this ordinance are de- clared to be severable. SECTION 3 . Penalty. Any person violating any of the provisions of the ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined $1.00 to $200.00; each day such violation continues shall constitute a separate and distinct offense. SECTION 4. Emerqency. The fact that the present ordinances and regulations of the City of Grapevine, Texas, relating to erection of retaii service stations and flammable liquids are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency requiring actian for the immediate preservation of the property, health, � safety and general welfare of the public which requires that � this ordinance shall become effective from and after the date of its passage and it is accordingly so obtained, and �""" the requirement for reading ordinances on two (2) seperate days is hereby dispensed with. PASSED AND APFROVED on this the 20th day of May, 1980 . APPROVED: ��7�-��.�� Mayor ATTEST: 6 City ecret� y � / APPROVED A TO FORM: � —� City Attorney