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Home My WebLink AboutO-2006-018 Gas Station Generators ORDINANCE NO. 2006-018 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, CREATING ARTICLE XIII OF CHAPTER 8, "BUILDINGS" OF THE CITY CODE OF ORDINANCES TO REQUIRE THAT GASOLINE STATIONS LOCATED WITHIN THE CITY OF DANIA BEACH SHALL PROVIDE ADEQUATE ALTERNATIVE ENERGY SOURCES TO ENSURE THAT MOTOR VEHICLE FUELS CAN BE DISPENSED IF ELECTRICAL SERVICE IS INTERRUPTED DUE TO ELECTRICAL SERVICE INTERRUPTION CAUSED BY A STATE OF EMERGENCY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, broad home rule powers were conferred upon municipalities through the enactment of Chapter 166 of the Florida Statutes, the "Municipal Home Rule Powers Act", which implements the provisions of Section 2(b), Article VIII, of the State Constitution; and WHEREAS, pursuant to sec. 166.021(1), Florida Statutes, municipalities "have the governmental, corporate, and proprietary powers to enable them to conduct municipal government, perform municipal functions, and render municipal services, and may exercise any power for municipal purposes, except when expressly prohibited by law" ; and WHEREAS, a municipal purpose is defined in sec. 166.021(2), Florida Statutes to mean "any activity or power which may be exercised by the state or its political subdivisions"; and WHEREAS, gasoline stations that sell gasoline and fuel to consumers at retail did not have alternative power sources for fuel dispensing operations following Hurricane Wilma (2005), and the lack of such power sources seriously exacerbated the state of emergency which existed after the storm, and the lack of such power endangered the public health, safety, and welfare; and WHEREAS, it is necessary to protect the public health, safety and welfare, and to address the states of emergency which are exacerbated by gasoline stations which do not have alternative energy sources to sustain fuel dispensing operations following the loss of electrical power due to a natural disaster or other emergency; and WHEREAS, it is necessary to protect against future disasters that significantly contribute to a state of emergency and the problems associated with the lack of alternative energy sources needed to sustain such fueling operations; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That Chapter 8, "Buildings", Article X1II is amended by creating Section 8- 176, to read as follows: Section 8-176. Requirement for Emergency Generators. (1) Each gasoline station located with the City that sells or proposes to sell gasoline and fuel at retail to consumers from pumps at such station shall provide an alternative energy source, such as generator connection/hookup, that is capable of providing electrical service during an interruption of the normal electrical supply associated with a state of emergency caused by storms or other disasters, sufficient to power fuel pumps so that fuels can be sold to consumers. (2) Owners of gasoline stations shall submit alternative power source construction plans to the City Building Division within sixty (60) days from the date of adoption of this section. Each such owner shall, within forty-five (45) days thereafter complete the necessary improvements to ensure that such alternative power source is operational. Section 2. That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed. 2 ORDINANCE 42006-018 • Section 4. That this Ordinance shall be effective immediately at adoption on second reading. PASSED on first reading on May 9, 2006. PASSED and ADOPTED on second reading on May 23, 2006. PATRICIA FL RY MAYOR—COMMISSIONER ATTEST: , c LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM ND CORRECTNESS: BY: • TH IS *S OCITYTTORNEY 3 ORDINANCE#2006-018 e CITY OF DANIA BEACH MEMORANDUM TO: Mayor and Commission CC: City Manager, Ivan Pato Bryan Cowart, Police Chief Ken Land, Fire Chief Larry Leeds, Community Development Director FROM: Tom Ansbro DATE: May 3, 2006 RE: Proposed Ordinance; for Alternative Energy Sources, for Gasoline Stations (e.g. Generators) • As discussed by the City Commission, attached is a proposed ordinance requiring owners of gasoline stations to install alternative energy sources, such as generators, to allow for the dispensing of fuel when power outages occur due to a storm or other disaster. This is patterned after a somewhat similar ordinance recently adopted by the City of Hallandale Beach. In that City's ordinance, three years are permitted for compliance. The City of Sunrise is also considering an ordinance with similar requirements, but it provides one year for compliance. The proposed ordinance requires all existing and any new gasoline stations to provide alternative energy source construction plans to the Building Division within 60 days after the ordinance becomes effective. After approval, each owner is required to have the alternative energy source operational within 45 days after Building Division approval. It is very possible that legislation pending in both the Florida House of Representatives and Senate will merge into one bill that will be passed which will explicitly "preempt" (prevent) cities and other local governments from adopting or enforcing any laws dealing with the subject matter. However, in the event that a law is not passed or approved by the Governor, then the proposal ordinance is intended to address the matter. The ordinance is ready for City Commission consideration. • TJA:slw Attachment NOTICE OF HEARING BEFORE CITY COMMISSION is CITY OF DANIA BEACH, FLORIDA, REGARDING ADOPTION OF THE FOLLOWING PROPOSED ORDINANCES: NOTICE IS GIVEN that on May 23, 2006, at 7:00 p.m. or as soon thereafter as the matter may be heard, the City Commission of the City of Dania Beach,Florida, will conduct a public hearing in the Commission Chamber at Dania Beach City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida, to consider the proposed adoption of the following Ordinances: ORDINANCE NO. 2006-017 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A COMMUNITY REDEVELOPMENT TRUST FUND FOR THE DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY (CRA) IN ACCORDANCE WITH FLORIDA STATUTES, SECTION 163.387; PROVIDING THAT FUNDS ALLOCATED TO AND DEPOSITED INTO THIS FUND SHALL BE USED BY THE DANIA BEACH CRA TO FINANCE OR REFINANCE ANY DANIA BEACH CRA COMMUNITY REDEVELOPMENT PURSUANT TO THE DANIA BEACH CRA REDEVELOPMENT PLAN; PROVIDING FOR THE FUNDING OF THE DANIA BEACH CRA COMMUNITY REDEVELOPMENT TRUST FUND FOR THE DURATION OF THE DANIA BEACH CRA COMMUNITY REDEVELOPMENT PLAN; PROVIDING THAT THE FUNDING OF THE DANIA BEACH CRA COMMUNITY REDEVELOPMENT TRUST FUND SHALL BE IN ACCORDANCE WITH FLORIDA STATUTES, SECTION 163.387; APPOINTING THE DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY BOARD OF DIRECTORS AS THE TRUSTEE OF THE REDEVELOPMENT TRUST FUND; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO.2006-018 • AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, CREATING ARTICLE XIII OF CHAPTER 8, "BUILDINGS"OF THE CITY CODE OF ORDINANCES TO REQUIRE THAT GASOLINE STATIONS LOCATED WITHIN THE CITY OF DANIA BEACH SHALL PROVIDE ADEQUATE ALTERNATIVE ENERGY SOURCES TO ENSURE THAT MOTOR VEHICLE FUELS CAN BE DISPENSED IF ELECTRICAL SERVICE IS INTERRUPTED DUE TO ELECTRICAL SERVICE INTERRUPTION CAUSED BY A STATE OF EMERGENCY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinances are on file in the Office of the City Clerk, City Hall, 100 West Dania Beach Boulevard,Dania Beach,Florida,and may be inspected by the public during normal business hours. Interested parties may appear at the aforesaid meeting and be heard with respect to the proposed. Any person who decides to appeal any decision made with respect to any matter considered at this hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. In accordance with the American with Disabilities Act, persons needing assistance to participate in any of the proceedings should contact the City Clerk's Office, 100 West Dania Beach Boulevard, Dania Beach, Florida 33004,(954)924-3622 at least 48 hours prior to the meeting. /s/Louise Stilson City Clerk Run in Sun Sentinel: May 12,2006