HomeMy WebLinkAbout87-2703ORDINANCE NO. 87-2703
AN ORDINANCE A~RNDING CHAPTER 12 OF THE PLAINVIEW CITY CODE,
FIRE PROTECTION AND PREVENTION, PROVIDING FOR THE F/fEMPTION OF
CERTAIN LAND ANNEXED BY THE CITY OF PLAINVIEW FROM THE PROVISIONS
OF THE UNIFORM FIRE CODE OF THE CITY OF PLAINVIEW CONCERNING THE
POSSESSION AND SALE OF FIREWORKS; SETTING FORTH CONDITIONS AND
REQUIREMENTS; PROVIDING FOR TERMINATION THEREOF; AND DECLARING AN
EMERGENCY.
WHEREAS, by Ordinance Number 86-2656 the City of Plainview
annexed 839.58 acres of land containing the tract described herein;
and
WHEREAS, at the time of the annexation and for 2 years prior
to the annexation, the property was used solely for the sale of
class C fireworks to the general public for eleven (11) days prior
to and including July 4 of each year; and
WHEREAS, at the time the present owner purchased the tract, a
premium price was paid for use of the land for the sale of
fireworks; and
WHEREAS, the tract is in or near a designated flood plain and
is not suitable for construction without a considerable outlay of
funds; and
WHEREAS, the City Council of the City of Plainview
acknowledges and agrees that the owner of the described tract
should be allowed to recover a return on his investment to offset
some of the loss, caused by the annexation by the City; and
WHEREAS, Article 78, Section 78.102(b) of the Uniform Fire
Code of the Plainview City Code forbids the sale of fireworks
within the City limits.
NOW THEREFORE, BE IT ORDAINED by the City Council of the City
of Plainview, State of Texas:
SECTION 1: Land Involved: The following described tract of land
situated within the City of Plainview, Texas, shall be and remain
exempt from Article 78, Section 78.01(b) of the Uniform Fire Code
of the Plainview City Code insofar but only insofar as it concerns
the possession and sale of class C fireworks to the general public,
under the terms and conditions set forth in Section 2, to wit:
Being a 1.0 acre tract out of the Northeast part of a 208 acre
tract out of the Northeast part of Survey No. 32, as held on the
ground, .the East portion of said 208 acre tract is actually out of
Survey No. 41, Block JK-2, Hale County, Texas:
·
COMMENCING at a 5/8 inch steel rod found for the
Northeast corner for said 208 acre tract and the
Northwest corner of the Hale County Airport original
tract, said rod being called the Northeast corner of
Survey No. 32, Block JK-2, Hale County, Texas, "as held
on the ground", and being at a "T" intersection of public
roads to the South and to the East and West (Southwest
3rd Street);
THENCE S. l°18'42'' E. at 30 feet pass the South line of a
road dedication as recorded in Volume 478, page 43 of the
Hale County Deed Records, in all 50 feet to a set 1/2
inch steel rod in the South line of Southwest 3rd Street
as dedicated in Volume 700, page 183 of the Hale County
Deed Records for the POINT OF BEGINNING of the herein
described tract;
THENCE S.88°56'W. along the South line of said street, at
126 feet pass the East line of said Survey No. 32, in
all, 208.71 feet to a set 1/2 inch steel rod;
THENCE S.l~18'42"W. 933.38 feet along said East line to
the POINT OF BEGINNING and containing 1 acre, of which
0.6055 acres are out of said Survey No. 41: and
SECTION 2: Conditions and Requirements:
(a) This exemption shall be in effect for the period from June
24th, 1987 thru July 4th, 1987.
(b) The owner of the premises shall furnish the City of Plainview
with proof of a $1,000,000.00 liability insurance policy covering
the possession and sale of fireworks from the premises.
(c) This exemption shall terminate in the event of a sale of the
property at any time prior to the time period exemption granted in
subparagraph (a), Sect. 2 and in any event, at the and of the time
period granted in subparagraph (a), Sect. 2.
SECTION 3: Declaring an Emergency: The necessity to grant this
exception and to have it into effect for July 4th holiday creates
an emergency and it is an imperative public necessity that more
than one reading thereof be, and the same is hereby suspended; this
ordinance shall be passed and take effect from and shall be in full
force and effect from and after its passage as provided by law, and
it is so ordained.
PA$~ED AND APPROVED this the 23rd day of May, 1987.
E. V. Ridlehuber, Mayor
S~he~y~ Owe-n;- City Secretary