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Home My WebLink AboutOrdinance 3424 i F14 Fo F .®9 AUC �R ?%lo ORDINANCE NO . 3424wp AN ORDINANCE AMENDING SECTION 9 - 7 OF o or'oy II FAYETTEVILLE CODE OF ORDINANCES TO REGULATE < <MFy00 -4q THE USE OF ABOVE-GROUND STORAGE TANKS FOR F�1' FLAMMABLE LIQUIDS AND LIQUIFIED PETROLEUM GASES , M(tROMMED BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : v Section 1 . Section 9 - 7 of the Fayetteville Code of W Ordinances is hereby amended to read as follows : J J_ ( a ) It shall be unlawful for any person to store Class I or Class II flammable and combustible } liquids , as defined by the Arkansas Fire a Prevention Code in above -ground storage tanks provided , this prohibition shall not apply to above - ground storage tanks existing on May 2 , 1989 which are installed in compliance with all requirements of the Arkansas Fire Prevention Code or National Fire Protection Association Standard No . 30 entitled " Flammable and Combustible Liquids Code " . The Fire Chief , or his designated agent , shall have the authority to require the removal of any above -ground storage tank existing on May 2 , 1989 upon a determination that the tank creates a safety hazard to life or property . ( b ) The storage of liquified petroleum gases in above -ground tanks is prohibited in any of the designated Fire Districts of the City of Fayetteville provided , this prohibition shall not apply to tanks existing on May 2 , 1989 which are installed in compliance with requirements of " Arkansas Fire Prevention Code " and the " State Code , Liquified Petroleum Gas Container and Equipment . " ( c ) Nothing in this Section shall prohibit the use of Class II liquids in outside above -ground tanks having capacities between 60 and 600 gallons for farm use . Section 2 , The Board of Directors hereby determines that the storage of flammable liquids and liquified petroleum gases in above - ground tanks is hazardous to the public health , safety and welfare and hereby determines that the immediate passage of this ordinance is necessary to prohibit such storage . Therefore , an emergency is hereby declared to exist , and this ordinance being necessary for the public health , safety and welfare shall be in full force and effect from and after its passage and approval . wrRIU498PAGE553 PASSED AND APPROVED this 2nd day of May 1989 , APPROVED By : 14�:Zaf1 Mayor ATTEST By : rwe, gtV Clerk � t t � II ✓ 71 � � t ��B�F1ui&4ci554 X11 / r i u 1, -Alma Kollmeycr, C rt 'k Ex-officio Records r,. OP, - if i 'Arkansas, do hereby c. rile - strument was hied for • .o . - U as indicated hereon a. < i c ✓ RF duly recorded with tr. . : If, CERTIFICATE OFR hnd certificate thcreo., • L, Arkansas Ss Page as indicated themu.i. State of IN WITNESS WHEREC =, hove !'t --- City of Fayetteville City Clerk and ivicWethy. Set my hand and affixed Ita .eo. 0; ;a. 1, Suzanne C. etteville, ',Court on the date indicated heracn. Ex-Officio recorder for the City the annexed or fore alma Kollmeyer do hereby certify office and the salve ap Circuit Clerk and going is o4 record in i& esolution book fxcNicio Roe or pears in Ordinance & 6 9 Witness my N/ at page--- ' day day of tir nd and seal this 19 d ficio ec de E4R it jerk an s STATE of ARKANSAS 1 j} as. County of Washington (q' s. �'OROINANCE NO. 76z0� 1, - ��Cr`� `' i ( '�, hereby certify that . AN ORDINANCE AMEN- am the publisher of T E NORTHWEST ARKAI AS TIMES, a dally newspaper DING SECTION 9-70F THE having a second class mailing privilege• and being not less than four pages of FAYETTEVILLE CODE P g OF ORDINANCES TO five columns each, published at a fixed place of business and at a fixed (dally) REGULATE THE USE OF intervals continuously in the City of Fayetteville, County of Washington, Arkansas A 8 0 V E - G R O U N D STORAGE TANKS FOR for more than a period of twelve months, circulated and distributed from an FLAMMABLE LIQUIDS established place of business to subscribers and readers generally of all classes '. AND ' ' MGAS I . , PET- In the City and County for a definite price for each copy, Or a fixed rice per IAND LI UIFI P BE IT ORDAINED BY : - annum, which price was fixed at what Is considered the value of the publication, . THE BOARD OF DIREC- based upon the news valueand service value it contains, that at least tiff . TORS OF THE CITY OF easYpercenl . F A Y E T T E I L L E , of the subscri bets thereto have paid cash for their subscriptions to the newspaper ' ARKANSAS: .. _ — - - or its agents or through recognized news dealers over a period of at least six Section 1. Section 9.7 of the months; anthat the said newspaper ublishes an average of more than forty Fayetteville Code 9. Ordhand hidP g nances is hereby amended to percent news matter. ._ read as follows: (a) It shall be unlawful for any person tostore Class l or I further certify that the legal notice hereto attached in the matter of Class 11 flammable and tcombustible fiqulds,: as, t Fire .-ground son code . In '`1 �(�yL Qn( I. provided, this storage tan" provided, this prohibition / shall not . applytoabove- was published In the regular daily issue of said newspaper for ground Storage tanks ex. consecutive insertions as follows: Isting on May 7, 1989 which are Installed in compliance ��}} � � q with all requirements of the The first insertion on the � da of Arkansas Fire Prevention Y 19 _ Code s National Fire Prevention - tection Association Standard the second Insertion on the da of 19 No. 30 entitlect "Flammable Y and Combustible Liquids Code." The Fire Chief, or his the third insertion on the day of 19 designated agent, shall have the ground Stora to require the g removal of any above. and the fourth Insertion on the y—o grountl storage tank existing de rmi z, 1ha upon e creatmi a Safety that the d to creates o safety hazartl to Iif(b) property. - .t Sworn to and subscribed before me o his °- 'K day o/ f (b) The storage of in cuffed petroleum gases o- C aboveground tanks is pro- �.L�-A._ q natedtl In any of the f the City of Fire ttevilles of the City of Fayettevilleo- etl, this Prohibition shallall not apply to tanks existing on \ a • Public . . May 7. 1989 which are .in- stalled In compliance with - requirements of "Arkansas My Commission Expires: , Fire Prevention Code" and the "State Code, Liquified (,(,/ _ n / • � Petroleum Gas Container i 't and Equipment." - (U Nothing in this Section �• , f -shallprohibit the use ' of Cis" If liquids In outside above-ground tanks having I ) t capacities between 60 and 600 gallons for farm use. Fees for Printing Stolon 7. The Board of Directors hereby deter. Cost of Proof —. 5 • � Tines that the, storage of flammable liquids and 11-, ��l (Q� � 9 _ quified Petroleum gases in Total 3 SJR. above-ground tanks Is haz- ardouS to the public health, safety and welfare and hereby determines that the , immediate passage of this ordinance is necessary tc, prohibit such storage , Therefore, an emergency isj ' hereby declared to exist,'. and this ordinance being necessary for the public health, safety and welfare shall be In full force and all fact from and after Its passage and approval. : PASSED AND APPROVED' ,this 2nd day of May, 1989. I)ot - '1' ' ." 'APPROVED " By: William V. Martin ATTEST ` , . - Mayor By: Suzanne MCWethy_ .a City Clerk