HomeMy WebLinkAboutOrdinance No. 04-1526 CITY OF THE COLONY
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS
AMENDING CHAPTER 9, "FIRE PROTECTION AND PREVENTION",
AMENDING SECTION 9-2 TO ADD A NEW ITEM # (64) SECTION
3804.3.3 "BURIAL OF CONTAINERS" AND PROVIDING FOR THE
REPEAL OF SECTIONS 9-5 AND 9-6 AND ANY OTHER ORDINANCES
AND PARTS OF ORDINANCES IN CONFLICT THEREWITH;
PROVIDING A CUMULATIVE CLAUSE; PROVIDING A
SEVERABILLITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY CLAUSE; PROVIDING A PUBLICATION
CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of The Colony, located in Denton County, Texas, is a Home Rule
municipality possessing the full power of local self-government as provided by Article XI,
Section 5 of the Constitution of the State of Texas, Section 51.072 of the Texas Local
Government Code and its Home Rule Charter; and
WHEREAS, the City Council of the City of The Colony, Texas, is empowered under
The Texas Local Government Code, Section 51.001 to adopt an ordinance or role that is for the
good government of the City; and
WHEREAS, the International Fire Codes, 2000 Edition provides that liquid propane gas
containers which exceeds 120 gallon water capacity shall be buried; and
WHEREAS, the City Council of the City of The Colony hereby determines that it is in
the best interest of the City for liquid propane gas containers in excess of 120 gallon water
capacity be buried;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
SECTION 1
INCORPORATION CLAUSE
That all of the above premises are true and correct and are hereby incorporated in the
body of this Ordinance as if fully set forth herein.
ORDINANCE NO. __ Page 1
SECTION 2
AMENDMENTS
That Section 9-2 is hereby amended to add a new item (64) as follows:
"(64) Section 3804.3.3, "Burial of Containers:" Where liquid propane gas containers are
allowed to be used, any or all containers exceeding 120 gallon water capacity, located on a
platted lot or tract, shall be buried. (See NFPA, 58 and International Fire Code, 2000 Edition,
Chapter 38 for location and installation requirements)"
SECTION 3
REPEAL OF ORDINANCES IN CONFLICT
"That Sections 9-5 and 9-6 are hereby repealed."
SECTION 4
CUMULATIVE CLAUSE
That this Ordinance shall be cumulative of all provisions of all other Ordinances and shall
not repeal any of the provisions of said Ordinances except those instances where they are in
direct conflict with the provisions of this Ordinance, in which event the conflicting provisions of
such Ordinances are hereby repealed.
SECTION 5
SEVERABILITY CLAUSE
If any section, article, paragraph, sentence, clause, phrase or work in this Ordinance, or
application thereof to any person or circumstance, is held invalid or unconstitutional by a Court
of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
the Ordinance, and the City Council hereby declares it would have passed such remaining
portions of the Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
SECTION 6
SAVINGS CLAUSE
The repeal of any Ordinance or part of Ordinances effectuated by the enactment of this
Ordinance shall not be construed as abandoning any action now pending under or by virtue of
such Ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to
accrue, or as affecting any rights of the municipality under any section or provisions of any
Ordinances at the time of passage of this Ordinance.
ORDINANCE NO. __ Page 2
SECTION 7
PENALTY CLAUSE
Any person, firm or corporation violating any of the provisions of this ordinance or the
Zoning Ordinance, as amended hereby, shall be deemed guilty of a misdemeanor and, upon
conviction in the Municipal Court of the City of The Colony, Texas, shall be punished by a fine
not to exceed the sum of Two Thousand Dollars ($2,000.00) per day for each offense, and each
and every day any such violation shall continue shall be deemed to constitute a separate offense.
SECTION 8
PUBLICATION CLAUSE
The City Secretary of the City of The Colony is hereby directed to publish in the Official
newspaper of the City of The Colony, the Caption and Effective Date clause of this Ordinance as
required by Section 52.013 of the Texas Local Government Code.
SECTION 9
ENGROSSMENT AND ENROLLMENT CLAUSE
The City Secretary of the City of The Colony is hereby directed to engross and enroll tiffs
Ordinance by copying the exact Caption and Effective Date clause in the official minutes of the
City Council of the City of The Colony and by filing this Ordinance in the Ordinance records of
the City.
SECTION 10
EFFECTIVE DATE CLAUSE
That this Ordinance and the rules, regulations, provisions, requirements, orders and
matters established and adopted hereby shall take effect and be in full force and effect from
,2004
APPROVED:
/C~' they o~i~d~ o~oanY;7 T ex as-
ORDINANCE NO. __ Page 3
ATTEST:
Patti Hicks, City Secretary
CityofThe Colony, Texas
[Seal]
B~b Hager, ~--'~y ~me~
City of The Co] Texas
ORDINANCE NO. __ Page 4