HomeMy WebLinkAbout506 Ordinance3 9
and among other things the folIowing b~siness was transacted, to wit:
The Erwin-Newman Company, of Houston, Texas, submitted a bid to
Hale'County and the City of Plainview proposing to furnish all mate-
rial., labor ahd to complete on foundation to be erected by Hale Coun-
ty and~the City of Plainview, ready for occupancy, a bank of ten T
Hangars, for a total consideration of $10,000.00, said bank of ten
hangars to be a unit of ten interlocking, separate hangars, over-all
dimensions being 280 feet long, 26 feet 8 incheS, wide, with door epen-
ings 40 feet by 8 feet, all to be constructed ou~ of 26 guage corruga-
ted iron on steel angle iron welded into a panel, alt in accordance
with the plans and specifications', dascussions and representatiOns
made be C.P.Erwin, appearing before the Council and.the Commossioners,
Court in perS6n; with the ~unders~anding that 10% of said bid is to be
paid at the acceptance of the bid, 80% of said bid to be paid upon'
sight draft with bill of lading attached, and the balance to be paid
upon the building being completed and. acceped.
Notion made by R.E.Wilson, seconded by ~.B~Smith, that the propo-
sal and bid of Erwin-Newman Company be accepted, and motions made by
E.~.0sborne, and seconded by L.M~.Frogge, that the bid and proposa~ be
accepted, and upon said motion being put to a vote by the county ~udge
to the ~ommissioners the same was carried by unanimous vote, and same
being put to vote by Nayor ~'.N.Jordan to the City Council, the same
was adopted by unanimous vote.
Plainview, Texas, ~ay 21, 1945.
The City Council met in. regular meeting with the following mem-
bers present. N~.yo~, J.N.~ordan. Aldermen: E.~.0sborme, L.N.Frogge,
Ben F. Smith, W.C.Nalone and C.H.Hancock. City Tax Collector P.H.Bryan,
and City Attorney Frank RoDay, attended the meeting.
M~inutes of the last meeting, read and adopted.
~otion by Alderman ~ialone, seconded by Alderman Frogge, that the
City contribute $326.00 to the Plainview Independent School District
to apply on playground equipment etc~., The motion was carried and it
was so ordered~
Motion by Alderman Hancock, seconded by Alderman Osborne, that
Joe E.Baker be appointed to a place in the police department, and the
salary to be $150.00 per month. The motion was carried and it was so
ordered.
Notion by Alderman Hancock, secomded by' AldeSman Frogge, that
~'he folle~ing ordinance be passed anal adopted. The motion was car-
r~iedand%he ordinance follows.
Ordinance No. 506
AN 0RDIt~ANCE REGULATING T~E USE, ~L&NDLING ,. TRANSPORTATION,
'i~AND ~/THE iSTORAGE, i-OF' ANY' FORM!OF ~FACTURED' AND/OR LIQUE-
FIED PETROLEL~! GASES, FIXING INSPECTION FEES, P~EGULATING
THE LOCATIONS AND DISTANCES FROM STREETS:i~JD STRUCTDIbES
THAT STORAGE IN BULK OF M~NUFAC, TDI~ED AND/OR LIQUEFIED PET~
ROLEU~I GASES WITHIN THE CITY 0F PLAINVIEW .~AY BE STORED,
AND PROBIBITING TA~E STORAGE IN BULK OF SUCH ~;~NL~FACTURED
GASES WITHIN SAID AREA, AHD PROVIDING A PENALTY FOR Tt~E
VIOLATION OF ANY PROVISION TITEREOF
BE IT' ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLA!NVIEW, T ·
E-XAS:
SECTION 1. That all persons, firms, or corporations who maY,
f~m and after the effective date o~ this ordinance., insDall or equip
any residence, busimess~house or apartment house, or any other build-
ing located and situated within the corperate limits of the City of
Plainview,~with any instal!~tion or equipment designed to use as a
fuel any form of manufactured or liquefied petroleum gases, shall
use in any smch installation, whether for domestic or industrial
use, only a standard grade of pipe or piping, and all ap~lianC~s~m
used in connection with any such installation shall be a Standard
grade and type of equipment. Any ~ys~em which uses any form of
manufactured or liquefied petroleum gases must bear the label of
approval or listing of the Underwriter's Laboratories. The storage
of any liquefied petroleum gases in any container, either above
ground or underground, is prohibited inside of or underneath any
building in the corporate limits; and no equipment using liquefied
petroleum gases shall be permitted within the fire limits as defin-
ed by ordinance, except motor vehictes using such gas.
SECTION 2. The term "Standard Grade" as used herein shall
mean 'that grade of article which is accepted by dealers in such
equipment and recognized as complying with all fire law regula-
tions. ~
SECTION 3. Any~such equipment as provided for shall be in-
stalled and/or repaire~ in a workmanlike manner which shall comply
with all l~ws and/or regulations o~ the City of Piainview, and the
regulatigns of the ~ational Board of Fire Underwriters and the Nat-
~ional Fire protection ASsociation; a~d no equipment dsing liquefied
petroleum gases shall b~e permitted wit$in the fire limits as defined
by ordinance of the City of Plainview~
SECTION 4. When any such~$pment is installed as herein
provided, same shall not bec. placed in operation or used unless and
un~il ~aid installm~On has heen approved, as compl~ing with this
ordinance by. th~ City ~umbing ctor.
SECTION 5. Any person, firm or corporation inst~lling any
such eqt~pment as herein provided sha~l secure the approval .of s-~me
as complying with the requirements of this ordinance by the City
Ptum~ing Inspector, as herein provided for, and shall, upon request-
ing s~¢h inspection for approval, pay an inspection fee of $1.00,
for each piece of equipment, to cover'i~oe~t~Sf~inspe~O~i~m.~
SECTION 6. All tank trucks and tank trailers used for the
transportation of l~quefied petroleum gases within the City shall
be construed and operated so as to comply with the r~gulaDions
for' the design, construction and operation of automobile tank trucks
and tank trailers' for the transportation of liquefied petroleum gases
a ~proved by the National Board of Fire Underwriters and the Nat-
Fire Protection Association. Any person,' firm or corporation
shall operate or cause to b~e operated any tank truck or tank
traliler used for the purpose of t~ansporting liquefied petroleum
~hin the corporate limits of the City shall keep any such
in good condition a~ all times, and upon the development
defect that wOuld create a hazard tO persons or property,
said ta~k truck Or tank trailer shall be removed from the streets
of th~ City until such defects have been repaired, of faulty equip-
ment ~eplaced; and any such tank trucks a~d tank trailers shall be
subject to inspection by the proper authorities at any time. No
tank truck or tank trailer shall be parked, stored or o~p~erated upon
any street wi~hin the fire limits, except ~hat such tank truckS or
tank trailers may cross such fire limits on Fifth Street .within the
Ci~ty ,without being in violation of this ordinance, nor shall they
estored o~ repaired inside o~ outs~ of any building within the
ir.e, limits as defined by' ordinance.~
SECTION 7. All liquefied ~etr°le~ gas sold within the City
shall be treated with a malodorant in such quantities as required
by State Law to create an~'~odor easily deSected in case of leaks
in pip lng or equipment.
SECTION 8. The City ounc~l of ~the City of Plainview has
found and determined that such manufactured and/or liquefied pet-
roleum gases stored in bulk (by the word "bulk" means for resale
and distribution) are highly inflammable and combustible, and in
case of explosions from the ignition of such gases, great and ser-
ious damage to persons and property result in large areas surround-
ing such sterage locality. And after due and thorough inquiry and
investigation, the City Council of the City of Plainview has fur-
ther found and determined that the storage in b~lk of manufactured
and/or liquefied petrOleum gases, commonly known as butane, pr~-
pane and ~ll other similar types of manufactured and/or liquefied
petroleum gases, constitute~ a hazard, dangerous to both persons
and property, if such place~of storage is within one hundred feet
of any street or within one hundred and fifty feet of any structure
or building belonging to another within the City Limits of the City
of Plainview; and that the Council has further found and determined
that such storage in bulk of such manufactured and/or liquefird pet-
roleum gases wihtin such area constituDe~and create a nuisance as
provided by Art. 1015, Sect. ll, and Art° 1175, Sect. 34 of the
~>Revised Civil~Statutes of Texas; '-
It shall therefore~be ~nlav~ul for any person, firm or cor-
poration to store in bulk manufactured and/or liquefied petroleum
gases, anywhere within the City of Plainview, within 100 feet of
any street or wi~.~in 150 ft~ of any structure or building belong-
ng to another within the City Limits of the City of Plainview,
exas. ~ ....
SECTION 9. Any person, firm or corporation violating any
provisions-of this ordinance shall be deemed guilty of a misdemea-
nor, and upon conviction for violation thereof, shall be fined in
ny sum- not to exceed ONE HUNDRED AND N0/100 ($100.00) DOLLARS,
of use or operation of any such equipment or violation
i~n of this ordinance shall constitute a separate of-
f~ense 1'
In the event any section or part of section or
ordinance shall be held invalid, such invalidity
the valid portions hereof, which shall be enforce-
able regardless of such holding.
O]
O]
t~
C~
P~
a]
ll. The fact that there does not now exist any rule
ulating and controlliK~ the installation or use
or liquefied petroIe~ gases within the corporate
of Plainview,.which said gases are highly vola-
Le and if not properly controlled and regulated
and hazardous condition affecting life and
emergency and imperative necessity~for the
of the public welfare and safe~y, ~h~ch
suspension of the rule requiring ordinances to
~arate days befOre the final passage thereof,
shall becomeleffective before the expiration
of its final passage; wherefore such rules
~his ordinance shall be effective from and
~ge, and it is so ordained.
AND APPROVED this 2lSat day of May, A.D. 1945.
ATTEST:
J.N.Jordan
' Ma, yor, City of Plainview, Tex.
10:0O
STATE
~C!TY
cil of
meeting
further business, neeting was recessed until
:MAY ~2, 1945:-
At a reconvened regular session of the City Coun-
,f Plainview, Texas, on May 22, 19~5 at the regular
reof, with the following members to-wit:
E. M. OSBORNE
L. M; FROGGE
W. C. MALONE
C. H.
Mayor Pro-tern
ALDERMAN
ALDER2,1AN
ALDE! ~f_&_N
....... ALD~