Ord 3615 2/19/1980 • t q
ORDINANCE NO.
ORDINANCE REGULATING THE SALE OF NATURAL GAS
FOR DECORATIVE OUTDOOR LIGHTING; APPOINTING A
COMMITTEE TO HEAR AND DETERMINE EXEMPTION
REQUESTS ; ESTABLISHING EXEMPTION CRITERIA;
ESTABLISHING APPEAL PROCEDURE; AND DECLARING
AN EMERGENCY.
WHEREAS , federal law has designated the responsibility of
implementing Section 402 Public Law 95-620, as set out in
10 CFR Section 516.
WHEREAS , the Governor of Texas has, as recommended by
Section 516. 11 of 10 CFR, Section 516, designated duly incorporated
cities within Texas as the local regulatory authority; and,
WHEREAS , the City of Wichita Falls is a duly incorporated home
rule City with local regulatory authority of natural gas sales .
NOW, THEREFORE , BE IT ORDAINED BY THE BOARD OF ALDERMEN OF
THE CITY OF WICHITA FALLS, TEXAS , THAT :
SECTION 1 . A Conservation Committee consisting of the Director
of Planning, the Public Works Director and the Risk Management
Administrator is hereby established, and the Director of Planning
is hereby designated as Chairman of said Committee.
SECTION 2. This Committee shall have the responsibility and
authority to establish procedure to hold hearings in which the
Committee shall determine whether to grant or deny exemptions set
out in Section 516 of 10 CFR, Prohibition on Use of Natural Gas for
Decorative Outdoor Lighting.
SECTION 3. The owner of a decorative outdoor light using
natural gas or the president of a firm which owns such a light who
desires to continue its use shall file a request for exemption
stating their name, address and location of their light , and a
statement of why an exemption should be granted. All requests for
exemption shall be in writing and sent to the Conservation Committee,
care of the City Clerk, P.O. Box 1431 , Wichita Falls, Texas 76307.
The Conservation Committee shall hold a hearing not less than ten
nor more than forty days after receipt of an application for exemp-
tion. Within twenty days after the conclusion of the hearing, the
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Conservation Committee shall make a written determination stating
whether the application shall be granted or refused, and if
granted, the duration of the exemption . In no circumstances shall
the expiration of exemption be more than two years from the date
of the determination.
SECTION 4 . The determination by the Conservation Committee
to grant an exemption and allow the use of natural gas for decora-
tive outdoor lighting shall be based on the following criteria,
guided by Sections 516.40 through 516.47 of 10 CFR:
(a) Lighting of historical significance .
(b) Memorial lighting.
(c) Commercial lighting of historical significance.
(d) Lighting which is necessary to protect the safety of
persons and property.
(e) Time to permit the installation of substitute lighting.
(f) Substantial expense which would not be cost justified.
(g) The public interest and consistency with the purpose of
this act .
SECTION 5 . Should an extension of the exemption be requested,
the applicant shall make application for an extension to the
Conservation Committee not more than sixty days nor less than
thirty days prior to the expiration of the exemption . The Committee
shall make a new determination based on the original criteria.
SECTION 6. If the applicant ' s request for exemption is
refused, the applicant may file a written appeal to the Board of
Aldermen. Such written appeal must be filed with the City Manager
within ten days after the denial of an exemption, and not there-
after. An appeal shall be placed on the agenda for a Board of
Aldermen' s meeting not less than ten nor more than thirty days
after receipt . The Board of Aldermen shall make a final determina-
tion within thirty days after the item is first considered by the
Board of Aldermen whose decision shall be final and not appealable .
SECTION 7. The Conservation Committee needing to rule on
applications for exemptions, and that the federal law and rules
require that this begin as soon as possible make this ordinance
an emergency, and it shall be effective on the 19th day of
February , 1980.
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PASSED AND APPROVED this the 19th day of February, 1980.
A
MAYOR
ATTEST :
I
City Clerk