HomeMy WebLinkAboutOrdinance - 2022-O0139 - Amend Chapter 37, Infrastructure Construction - 09/27/2022First Reading
Item No. 5.26
September 13, 2022
ORDINANCE NO. 2022-00139
Second Reading
Item No. 5.9
September 27, 2022
AN ORDINANCE AMENDING CHAPTER 37, INFRASTRUCTURE
CONSTRUCTION, ARTICLE 37.01 PERMITTED CONSTRUCTION IN RIGHT-OF-
WAY; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
WHEREAS, the City Council of the City of Lubbock finds it to be in the best interest of
the health, safety, and welfare of the citizens of the City of Lubbock to adopt the following
amendments to the City of Lubbock Code of Ordinances herein; NOW, THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Section 37.01.003 of the Code of Ordinances, City of Lubbock, Texas
is hereby amended as follows:
Sec.37.01.003 Enforcement
Any person who violates any provisions of this article shall be guilty of a misdemeanor in
accordance with section 1.01.004 of the Code of Ordinances and upon conviction shall be subject
to a fine not to exceed the amount specified by State law for such offenses. Each day of such
violation shall constitute a separate offense.
Further, any person or entity who by their negligent acts, omissions, or violation of this Article
cause the City of Lubbock any expenditures for staff time, use of City equipment, or use of City
materials in response to said acts, omissions, or violation, shall be responsible to the City for any
and all costs for resources expended. Upon receipt of the notice of fees due, that person or entity
shall remit to the City of Lubbock all fees within 30 days. No permit shall be issued for any
person or entity with an outstanding fee balance owed to the City.
SECTION 2. THAT Section 37.01.004 of the Code of Ordinances, City of Lubbock, Texas
is hereby repealed in its entirety.
SECTION 3. THAT Section 37.01.031(a) of the Code of Ordinances, City of Lubbock,
Texas is hereby amended as follows:
Sec. 37.01.031 Responsibilities of permit holder or ROW user
(a) The permit holder or ROW user shall be responsible for performance of and compliance
with all provisions of this article. The permit holder or ROW user shall perform all work,
whether done in ROW, private property, or utility easement in accordance with all
federal and state laws, rules and regulations, city codes, or applicable standards and
specifications, Lubbock Power and Light standards and specifications, including but not
limited to rules and regulations set by the Railroad Commission of Texas.
SECTION 4. THAT Section 37.01.038(f) of the Code of Ordinances, City of Lubbock,
Texas is hereby amended as follows:
Sec. 37.01.038 Excavation under supervision of city engineer
(f) The permit holder, utility, or ROW user shall not enter upon private property without
authorization from the property owner. The permit holders, utilities, or ROW users shall
determine the boundary between public ROW and private property.
SECTION 5. THAT Section 37.01.039 of the Code of Ordinances, City of Lubbock, Texas
is hereby amended as follows:
Sec. 37.01.039 Repair of utilities
(a) Damages done by a permit holder to city utilities shall be repaired by the city. The city
will issue a claim to the utility owner, contractor, ROW user or their insurance company for cost
reimbursement.
(b) City service shall be returned to the customer within four (4) hours of damage and the
cost of repairs shall be borne by the ROW user or permit holder. Only a licensed plumber
registered with the City's right-of-way department may perform repairs to customer sewer,
and/or gas lines. Only a TCEQ license holder registered with the City's right-of-way department
may perform repairs to customer water service lines. The licensed plumber or TCEQ license
holder shall certify in writing that repairs to these service line(s) were performed in accordance
with the most recent version of the city's plumbing ordinance, article 28.10.
(c) After repairs, the ROW shall be restored in accordance to section 37.01.043 of this article.
(d) Cleanup of the affected site shall be in accordance to section 37.01.011(c).
SECTION 6. THAT Section 37.01.041(h) of the Code of Ordinances, City of Lubbock,
Texas is hereby amended as follows:
Sec. 37.01.041 Field utility coordination
(h) In any paved or unpaved area, all existing water, sewer, electric, and gas mains and service
lines shall be physically located prior to boring by way of potholing with a hydro excavation
method. Sewer lines can be exempted if elevation and alignment can be determined by existing
manholes.
SECTION 7. THAT violation of any provision of this Ordinance shall be deemed a
misdemeanor punishable by a fine not to exceed applicable fines in accordance with Section
1.01.004 of the City Code of Ordinances.
SECTION 8. THAT should any paragraph, sentence, clause, phrase or work of this
Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance
shall not be affected thereby.
SECTION 9. THAT the City Secretary is hereby authorized to cause publication of the
descriptive caption of this Ordinance as an alternative method provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 13th day of September, 2022.
Passed by the City Council on second reading this 27th day of September , 2022.
ATTEST:
Rebec a Garza, City Seci ary
APPROVED AS TO CONTENT:
_ e-�
Erik Rejino, Assistant City Manager
APPROVED AS TO FORM:
r
Leisure, Assistant City Attorney
AmendOrd.ch 37
8.22.22