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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 -2- 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. r . -3- PASSED AND APPROVED this the 19th day of February, 1980. A MAYOR ATTEST : I City Clerk