O-1493-5-97ORDINANCE NO. 1493-5-97
' AN ORDINANCE OF THE CITY OF ALIEN, COILIN COUNTY, TEXAS,
ESTABLISHING THAT ANY PARTY(IFS) RESPONSIBLE FOR A
HAZARDOUS MATERIAL(S) INCIDENT WITHIN THE CITY SHALL BE
LIABLE FOR COSTS INCURRED BY THE CITY AS A RESULT OF THAT
INCIDENT; PROVIDING A PENALTY CLAUSE; PROVIDING A ZONING
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE—
WHEREAS,
ATE
WHEREAS, the Fire Department of the City of Allen, Texas, is authorized to identify, control and clean
up hazardous material(s) incidents in the City of Allen and coordinate the assistance of other
departments and agencies as might be necessary; and,
WHEREAS, the City Council of the City of Allen has determined that it is necessary and proper to
establish fees to be charged for certain services;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS, THAT -
SECTION 1: Any party(ics) who accidentally, negligently, or intentionally causes oris responsible for
a hazardous material(s) incident within the City will be liable for the payment of costs incurred by the
Fire Department, Police Department, Health Department, Public Works Department, and other
departments or agencies which assist to abate such an event. The remedy provided by this section shall
' be in addition to any other remedies provided by law.
SECTION 2: For purposes of this Ordinance, hazardous materials shall be defined as any substances
or materials in a quantity or form which, in the determination of the Fire Chief or his authorized
representative, poses a risk to persons, property or the environment, and shall include, but not be limited
to, such substances as explosives, radioactive materials, petroleum products, poisons, compressed or
liquefied gases, etiologic (biologic) agents, oxidizers, corrosives, carcinogens, cryogens and organic
peroxides. For purposes of this Ordinance, hazardous materials incident shall be defined as the release,
or potential release, of a hazardous material from its container into the environment.
SECTIONS: For purposes of this Ordinance, costs incurred by the Fire Department, Police
Department, Health Department, Public Works Department, or other departments of the City of Allen
shall include, but not be limited to, expenses attributable to the abatement or dean up of any hazardous
materials incident, including costs of personnel, costs of equipment operations, costs of materials and
supplies, costs of specialists, experts or other contract labor not in the full -tine employment of the City,
disposal costs, overhead costs, overtime costs and any other incidental costs incurred by the City of
Allen. Basic costs associated with the Fire Department services shall be Four Hundred Dollars
($400.00) per hour for each engine or truck company and Two Hundred Dollars ($200.00) per hour for
each medical unit or utility vehicle. The responsible party(ies) shall be billed for the recovery of the
costs described above as follows:
For the first hour of an incident, measured from the time the first Fire Department vehicle
arrives at the incident scene, only the cost of materials, supplies, disposal, and specialists/experts
not in the full-time employment of the City shall be billable.
• Beginning one hour after the first Fire Department vehicle arrives at the incident scene, all costs
' described in this section shall be billable.
SECTION 4: Notwithstanding any penal provision of this Ordinance, the City Attorney is authorized
to file suit on behalf of the City of Allen, the Fire Chief or his authorized representative both for
injunctive relief as may be necessary to enforce the provisions of this Ordinance and for the collection
of damages as provided herein.
' SECTION 5: All ordinances of the City of Allen in conflict with the provisions of this ordinance be,
and the same are hereby repealed; provided, however, that all other provisions of said ordinances not
in conflict herewith shall remain in full force and effect.
SECTION & It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses, and phrases of this ordinance are severable; and if any phrase, clause,
sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgment or
decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any
other remaining phrase, clause, sentence, paragraph or section of this ordinance; and the City Council
hereby declares it would have passed the remaining portions even though it had ]mown the affected parts
would be held unconstitutional.
SECTION 7: The repeal of any ordinance or part of ordinances effectuated by the enactment of this
Ordinance shall not be construed as abandoning any action now pending under or by virtue of such
ordinance or as discontinuing, abating, modifying or altering any penalty accruing or to accrue, or as
affecting any rights of the municipality under any section or provision of any ordinance at the time of
passage of this Ordinance.
SECTION 8: Any person, firm, partnership, corporation, or association violating any provision of this
ordinance shall be subject to the penalty as provided in Chapter 1, Section 1-4 of the Code of
Ordinances of the City of Allen, Texas.
SECTION 9: This Ordinance shall become effective on May 10, 1997 , upon passage and
publication as required by law.
' DULY PASSED AND APPROVED BY THE CM COUNCTLOF TAE CITY OF ALLEN, TEXAS,
ON THE 1st DAY OF May . 1997.
APPROVED:
Stephen rrell - MAYOR
VED AS TO FORM: ATTEST:
A. Don TTORNI:Y 1T} Mo 'ron, CMC, CITY SECRETARY
Ordinance No. 1493-5-97 Page 2