HomeMy WebLinkAboutOrdinance - 8930-1986 - Ordinance 8930; Removal Or Filling Of Abandoned Flammable Storage Tanks - 06/12/1986lliM:dw
First Reading
June 12 ~ 1986
Agenda Item #2'2
Second Reading
June 26~ 1986
Agenda Item #8
ORDIIWCE OO •. _ ..... a ..... 9"""31.lo!O~---
AN ORDilWO: RE00IRiro THE REMJVAL OR FILLIN3 OF ABANOONED
UNDERGROJND FLAMMABLE sroRAGE TANKS; PROVIDIID A SAVDGS CLAUSE;
PRJYIDIID A PENALTY AND PRJYIDIID FOR POBLICATION.
WHE:RF.M, the failure to remove or fill abandoned underground
flammable liquid storage tanks creates a hazardous condition; NOW
THEREFORE:
BE IT ORDAINED BY THE CITY cx::mx::IL OF THE CITY OF LUBOOCK:
SECI'ION 1. THAT Chapter 11, Article VI, Section 11-195, Lubbock
City Code, BE and is hereby amended to read as follows:
•Sec. 11-195. Storage Containers -Removal or Filling upon
Abandomnent.
Underground storage tanks for flanunable liquids shall be conpletely
removed or, in exceptional cases, filled with a material which
shall return the area to the same or greater load bearing capacity
as the surrounding area. Exceptional cases shall be deenm to be
those so found by the Fire Marshal, Codes Administrator and
Building Inspector. If removed, said storage tanks shall be either
moved to at least 5000 feet outside of the city limits or disposed
of in a manner not in violation of any ordinance of the City of
Lubbock. Any excavation shall be filled with clear fill dirt (no
rubble or trash) and the surface shall be restored to establish
grades to provide proper drainage. In all cases where . material is
used to fill an underground storage tank, the type and quantity of
material shall first be approved in writing by the Building
Official, City Engineer and Fire Marshal and an appropriate pecnit
afforded. Abandonment shall be deemed to have occurred upon
cessation of use for a period of twenty-four mnths or upon the
surface being used for an occupancy other than that involving the
underground storage of flammable liquid.•
SECI'ION 2. THAT any violation of this Ordinance may be presented
to the Pecnit and License Appeal Board or other Board or Conmission
designated by the CoWlCil for consideration and disposition in accordance
with established policy and procedure. ibe Pecnit and License Appeal
Board or other designated boards or conunissions shall have all the
authority to issue orders for compliance, removal, repair, restoration or
~ such other orders as may be necessa~ to eliminate the violation
including placing a lien against the property for the costs of such
actions.
• •
SECTION 3. THAT in addition to the procedure in Section 2 above, a
violation of any provisions of this Ordinance shall be deemed a misdemeanor
punishable by a fine not to exceed two hundred dollars as provided in
Section 1-4 of the City Code.
SECTION 4. THAT should any paragraph, sentence, clause, phrase or
word of this Ordinance be declared unconstitutional or invalid for any
reason, the remainder of this Ordinance shall not be affected thereby.
SECTION 5. THAT the City Secretary is hereby authorized to cause
publication of the descriptive caption of this Ordinance as an alternative
method provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 12th day of June
1986.
Passed by the City Council on second reading this 26th day of June
1986.
B. C. McMINN, MAYOR
ATTEST:
Ross, Jr., City Attorney
- 2 -
"
THE STATE OF TEXAS
COUNTY OF LUBBOCK
M2320-R228
Before me G I e: n d a Ra s c a a Notary Public in and for Lubbock County, Texas on this day
personally appeared T'fl:f.l a Au fill, Account Manal!e r of the Southwestern Newspa-
pers Corporation. publishers or the Lubbock Avalanche-Journal -Morning, Evening and Sunday. who
being by me duly sworn did depose and say that said newspaper has bl!entgublished continuously for more
than fifty-two weeks prior to the first insertion or this __ L._e_l!_a_I_N_o __ l_c_e ___________ _
--------------No. 754956 • , at Lubbock County, Texas and the attached print-
ed copy or the I e I! a I Nat 1 c e is a true copy of the original and was printed in the Lubbock
Avalanche-Journal on the following dates: J tine 28, J til y 5, 1987 130 word& @ 16t = $98.80
Account Manal!er GLENDA RASCO
LUBBOCK..,.t\-W ALANCHE-JOURNAL
Southwestern Newspapers Corporation
Notary Pubhc In And For Thr St~re 01 Texas
My Cnmmissioo Exptre~ tJov. 9, 1988
Subscribed and sworn to before me this __1ib day of _ _.Jol...W.u_..I._Y ___ , 19_6_6__
FOR:\158·10
l.eG.t.l.NOTit;e .. . . ORDmANCeNO.I929
,· .· C!llOINANC£ AJI.Aftt)QN· .: .J.N A'ND CI,.OSING A pORTION
·OF NORTH QUAKER AVENUE ,TO ntE CtlY 'OF LUBBOCK,.
UBBOCK CQUNTY, "'{EKAS, c~ND'MORE PARTICULARI.Y ~
OESCRIBED IH THE BODY OF J
lTHIS ORDINANCE: DIRECTINGK 1
THE CITY ENGINEER TO MAR 'J ~THE OFFICIAl. MAt'S OF THE,
'CITY OF 1.UBB0CK<TC RE•,
'FI.ECT SAID A&ANOONMENT, AND CI,.OSINGr PROVIDING A !:SAVINGS t;I,.AUSE i AND PRO;,
;.,lOIN(; fOR PIJBl.ICATIQ,fl, · · · · ORDINANCE Ni).19311
, 'Mi'ORDINANCE REQUIRING. ·nn:; REMOVAI..OF FII.UNG 01"
ABANOONEDUNOERGROUNO FLAMMASI.E STORAGE Ti!NK~;
R(>VIOING.A .SAVING;ll .\'
' .•. ~. V•.USE.I PR .. O.VI. DING A PENAl.·· .. l'Y AND PRO\IIOING FOR PU~
I.ICATION. ~R01t4ANCE N0.89ll
AN ORDINANCE AMENDING
; HE L.ANGUAGE OF SECTION I :La OF ORDIN'I,NCE NO. 85$.1, i
.
' REI;ATING TO SALE$, R.EPAIR ·.• . oR IN$TAl.I.ATIONToEr .!~?;:lfN . 'MENT BY CABLE ,.,. . FAANCHI$E GRANTEES; PRO.
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VIO. lNG A PE. NA. I..TYr 1"ROV·N·IO .• , ..• lNG A SAVINO$ Ct.AU$E; A 0 PROVIDING FOR. PUBI.IcrA· .1 TION. · . · ~ . 11·2211 . . .