Ord. 0733 07-08-96ORDINANCE N0. 733
API ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING CHAPTER 10, FIRE PREVEN770N AND
PROTECT/ON, OF THE CRY OF PEARLAND CODE OF ORDINANCES,
FOR PURPOSES OF REGULATING THE REPORTING OF ANY GAS LEAK,
PRODUCT LOSS, OR CRITICAL PRESSURE DROP, WHICH MAY
INDICATE A POSSIBLE EMERGENCY, FROM UNDERGROUND PIPEUNES
AND ASSOCIATED ABOVE -GROUND VALVES, PUMPS AND
CONNECTIONS WITHIN THE CRY OF PEARLAND, TEXAS; PROVIDING
A SAVINGS CLAUSE, A SEVERABIL TV CLAUSE AND A REPEALER
CLAUSE; PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR
PUBLICATION, CODIFICATION AND AN EFFECTIVE DATE; AND
DECLARING AN EMERGENCY BECAUSE THE NEED FOR IMMEDIATE
NOTIFICATION OF PIPELINE MALFUNCTIONS BEARS DIRECTLY UPON
THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY.
WHEREAS, the City Council of the City of Pearland, Texas, has determined that
the necessity exists for the reporting, to a central location in the City of Pearland,
Texas, of conditions which indicate pipeline malfunctions within the city limits; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
That Chapter 10, Fire Prevention and Protection, of the City of Pearland Code
of Ordinances, Is hereby amended to ADD the following:
Section 1. That any gas leak, product loss, or critical pressure loss or any other
malfunction, from any underground pipeline or associated above -ground valves, pumps
and connections occurring within the corporate city limits of the City of Pearland,
Texas, indicating a possible emergency, shall be reported immediately by the person
or corporation owning or operating the pipeline to the Emergency Services Dispatcher
in Pearland, Texas.
1
Section 2. That said report shall identify the location of the malfunction,
potential dangers associated with said malfunction to persons and property in the
vicinity, proposed remedies, and the estimated time required to correct the
malfunction. Reporter shall identify himself or herself and state his or her affiliation
with the pipeline and provide information so that he or she may be contacted by City
officials.
Section 3. Penalty. Any person, firm or corporation who shall violate or fail to
comply with the requirements of any provisions of the Code herein adopted shall be
deemed guilty of a misdemeanor, and shall, upon conviction by a court of competent
jurisdiction, be punished as provided in Section 1-11 of the City of Pearland Code of
Ordinances.
Section 4. Emergency. •The Council finds and determines that the need for
immediate notification of pipeline malfunctions bears directly upon the health, safety
and welfare of the citizenry, therefore this Ordinance shall be adopted by one reading
as an emergency measure, and the rule requiring this Ordinance to be read on two (2)
separate occasions is hereby waived.
Section b. Savings. All rights and remedies which have accrued in favor of the
City under this Chapter and amendments thereto shall be and are preserved for the
benefit of the City.
Section 6. Severab8lty. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid, unconstitutional or
2
ORDINANCE NO. 733
otherwise unenforceable by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct, and independent provision and such holding shall not
affect the validity of the remaining portions thereof.
$ectlon 7. Repealer. All ordinances and parts of ordinances in conflict herewith
are hereby repealed but only to the extent of such conflict.
Section @. Codification. It is the intent of the City Council of the City of
Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's
official Code of Ordinances as provided hereinabove.
Section 9. Publication. The City Secretary shall cause this Ordinance, or its
caption and penalty, to be published in the official newspaper of the City of Pearland,
upon passage of such Ordinance. The Ordinance shall become effective ten (10) days
from and after its publication, or the publication of its caption and penalty, in the
official City newspaper.
PASSE and APPROVED on First and Only Reading this the tit day of
n /1
A.D., 1996.
ATTEST:
YOkA((fDA C. BENITEZ
CITY SECRETARY
TOM REID
MAYOR
APPROVED AS TO FORM:
A Y • cCUL
CITY ORNEY
VOTING RECORD (FIRST AND ONLY READING) JULY 8, 1996
Voting 'Aye' - Councilmembers Beckman, Tetens, Wilkins, & Cole
Voting "No' - None
Motion passed 4 to 0. (Councilmember Richardson was absent from the meeting)
PUBLICATION DATE: JULY 17, 1996
EFFECTIVE DATE: JULY 27, 1996
PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND,
TEXAS.
4