Ordinance 1993-19
ORDINANCE NO.
fjg -/9
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE
UNIFORM FIRE CODE OF 1991, AS HERETOFORE ADOPTED BY ORDINANCE
92-3, BY FURTHER DEFINING AND PROVIDING FOR PROCEDURES AND
REPAYMENT OF CLEAN UP EXPENSES IN HAZARDOUS MATERIALS SPILLS;
REPEALING ALL CONFLICTING PORTIONS OF OTHER ORDINANCES;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE
WHEREAS, the City has heretofore adopted the Uniform Fire Code, 1991 Edition (Code),
by passage of Ordinance 92-3; and,
.~
WHEREAS, the City Council, on the recommendation of the Fire Chief, has determined that
the provision concerning the responsibilities for hazardous material spills and clean up do not
sufficiently protect the interests of the City and its inhabitants; and,
WHEREAS, the Council desires to amend said Code to better protect the health and safety
of its citizens and to provide for stricter rules for recoupment of costs incurred by the City in
taking necessary clean up and corrective actions;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, as follows:
SECTION I
That the Uniform Fire Code, 1991 Edition, as adopted by Ordinance 92-3 be, and it hereby
is, amended by deleting subparagraph "(e)" from Section 80.105 thereof.
SECTION II
That the Uniform Fire Code, 1991 Edition, as adopted by Ordinance 92-3 be, and it
hereby is, further amended by addition of the following Section to be known as "Section
80.105A"
"Sec. 80.105A. (a) The City of Wylie is authorized to clean up, abate, or mitigate the
effects of any hazardous material deposited upon or into any property or facilities within the
limits of the City. Any person or persons causing such deposit or failing to provide cleanup,
abatement, or proper mitigation of such deposits shall be liable for the payment of all costs
incurred by the City as a result of such cleanup, abatement, or mitigation activity. The remedy
ORDINANCE NO.
19-/c;
PAGE 1WO
provided by this section shall be in addition to any other remedies provided by law.
(b) For the purposes of this section "hazardous material" means material which, due to
its concentration, quantity, or chemical or physical propenies, may cause or significantly
contribute to an increase in monality, or to an increase in serious, irreversible, or incapacitating
reversible illness, or pose a substantial present or potential hazard to human health or the
environment when improperly managed. "Hazardous Materials" include, but are not limited to,
hazardous substances, hazardous wastes, and any materials which a licensed handler or the
Police or Fire Chief or their authorized representatives reasonably believe would be injurious to
the health and safety or persons or harmful to the environment or property if released into the
work place or environment.
(c) For the purposes of this section, costs incurred by the City of Wylie shall include, but
shall not necessarily be limited to, the following: actual labor costs of City personnel, including
workers's compensation benefits, fringe benefits, administrative overhead; cost of equipment
operation; costs of materials obtained directly by the City; and cost of any contract labor and
materials. "
SECTION III
Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance
be adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity
of this ordinance as a whole or any part or provision thereof, other than the part or parts as
declared to be invalid, illegal, or unconstitutional.
SECTION IV
This ordinance shall be in full force and effect from and after its adoption by the City
Council and publication of its caption as the law and the City Charter provide in such cases.
SECTION V
That all other ordinances and code provisions in conflict herewith are hereby repealed to the
extent of any such conflict or consistency and all other provisions of the Wylie City Code not
in conflict herewith shall remain in full force and effect.
ORDINANCE NO.
~.J -/9
PAGE THREE
SECTION VI
The repeal of any ordinance, of parts thereof, by the enactment of this Ordinance, shall not
be construed as abandoning any action now pending under or by virtue of such ordinance; nor
shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or
to accrue, nor as effecting any rights of the municipality under any section or provisions of any
ordinances at the time of passage of this ordinance.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this
13th day of April, 1993.
B~~ ~ ad
J W. Akin
ayor
AT~T: (jf::i1t~
Mary Nic Is
City Secre
Approved:
Steven
City A
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