HomeMy WebLinkAboutOrdinance - 2023-O0115 - Amend Art. 22.03.091 Of The Code Of Ord., LBK Reese Redevelopment Authority - 09/26/2023First Reading
September 12, 2023
Item No. 5.28
ORDINANCE NO. 2023-00115
Second Reading
September 26, 2023
Item No. 5.18
AN ORDINANCE AMENDING SECTION 22.03.091 OF THE CODE OF
ORDiNANCES OF THE CITY OF LUBBOCK BY DELETING SUBSECTION (h) RELATED
TO WHOLESALE WATER SERVICE TO LUBBOCK REESE REDEVELOPMENT
AUTHORITY; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND
PROVIDING FOR A SAVINGS CLAUSE.
WHEREAS, the City Council finds that it in the best interest of the health, safety, and welfare of
the citizens of Lubbock to amend the Code of Ordinances of the City of Lubbock, Texas be
deleting subsection (h) of section 22.03.091 related to the wholesale water service to Lubbock
Reese Redevelopment Authority; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Section 22.03.091 of the Code of Ordinances, City of Lubbock,
Texas is hereby amended by deleting Subsection (h) and to read as follows:
Sec. 22.03.091 Wholesale water service to specified areas outside city;
conditions, rates.
(a) The city council reaffirms its prior policy adopted March 8, 1984, to
prohibit the sale of water to individuals, businesses, agencies or
organizations that lie outside the corporate limits of the City of Lubbock.
(b) In order to compromise and settle protests and threatened litigation
regarding the disposal of treated municipal effluent by city, the city
council authorizes the city's water department to extend the city's water
distribution facilities outside the corporate limits and to offer to sell
water (1) to the Town of Ransom Canyon for resale: (A) within its
corporate limits as of January l, 2015; (B) in any area included within
the authorized service area of its Certificate of Convenience and
Necessity, as issued by the Texas Commission on Environmental
Quality, or successor agency; and (C) to the Roosevelt Independent
School District; and (2) to Lubbock County Water Control and
Improvement District No. 1 for resale within the corporate limits of the
Village of Buffalo Springs as those limits existed as of January 1, 2015,
and other such locations as permitted by the city council, provided the
offer to sell water and the sale of water shall be subject to the conditions
and limitations specified in the provisions of this section, the applicable
provisions of this chapter, where such provisions are not inconsistent
with this section, and the agreements approved and accepted by the city
council. By adopting and implementing this section, it is not the
intention of the city to offer to sell water to persons located outside the
city's corporate limits other than the Town of Ransom Canyon and
Lubbock County Water Control and Improvement District No. 1, unless
otherwise specifically permitted by city council.
(c) The authority to extend city's water distribution system outside the
corporate limits and to offer to sell water to the Town of Ransom
Canyon and Lubbock County Water Control and Improvement District
No. 1 shall be subject to the conditions and limitations, as follows:
(1) In order to accept the city's offer to sell water, the Town of Ransom
Canyon and Lubbock County Water Control and Improvement
District No. 1, each shall request service and each shall enter into a
written contract approved and accepted and signed by the mayor on
behalf of the city.
(2) As a part of the written contract for water service, the Town of
Ransom Canyon and Lubbock County Water Control and
Improvement District No. 1 shall agree to limit the volume of water
delivered, pursuant to such contract, to each entity respectively,
during any twenty-four (24) consecutive hours; and any three
hundred sixty-iive (365) consecutive days. The volume limitation
for each value shall be agreed to between the city and the Town of
Ransom Canyon and Lubbock County Water Control and
Improvement District No. 1, but in no event shall such volume
exceed that which is necessary to allow complete service (A) by the
Town of Ransom Canyon: (i) within the corporate limits of the
Town of Ransom Canyon as such limits exist as of January l, 2015;
(ii) within any area included within the authorized service area of its
Certificate of Convenience and Necessity, as issued by the Texas
Commission on Environmental Quality, or successor agency; or (iii)
to Roosevelt Independent School District; or (B) by the Lubbock
Water Control and Improvement District No. 1, within the service
area of the Lubbock County Water Control and Improvement
District No. 1 actively being served by such district in the corporate
limits of the Village of Buffalo Springs as such limits existed on
January 1, 2015, and other such locations as authorized by the city
council.
(3) As part of the application, the Town of Ransom Canyon and
Lubbock County Water Control and Improvement District No. 1
shall each agree to provide retail service only and to limit service to
consumers located within their respective service area, as described
in subsection (2) above, and other such locations as authorized by
the city council.
(4) As part of the application and agreement, the Town of Ransom
Canyon and Lubbock County Water Control and Improvement
District No. 1 shall each agree to pay for water delivered by city at
the rate established from time to time by the city council. The city,
acting through the city council, reserves the right to adjust the rate
2
from time to time based upon the methodology recommended by the
city's consultants.
(5) As part of the resolution approving the agreements between this city
and the Town of Ransom Canyon and Lubbock County Water
Control and Improvement District No. 1, the city council shall
expressly find that there is adequate untreated water supply and
water treatment capacity and treated water storage, pumping, and
distribution capacity within the city's water system to satisfy the
demands of the Town of Ransom Canyon and Lubbock County
Water Control and Improvement District No. 1 to the extent
described in their respective agreements, together with all other
service commitments of the city that are existing or anticipated at
the time the wholesale customer applies for service.
(6) The water department of the city is hereby authorized to adopt
policies and procedures, not inconsistent with the terms of this
section, as may be necessary to implement the provisions for the
intent of the city council herein expressed.
(d) The city council approves and accepts the methodology of determining
the city's cost of providing services to the Town of Ransom Canyon and
Lubbock County Water Control and Improvement District No. 1 as
described in the report prepared by Freese & Nichols, the city's
consulting engineers, dated June, 1988; and based upon the methodology
set forth in such report the city council adopts the initial rates for
providing services to the Town of Ransom Canyon and Lubbock County
Water Control and Improvement District No. 1 as follows:
Eighty-one and seventeen-hundredths (81.17) percent of the rate
established for "commercial" as set forth in section 22.03.085 of the
Code of Ordinances of the City of Lubbock. In addition, there shall be
added to such rate the proportionate costs of installing capital
improvements necessary to furnish such water which shall be repaid over
a period of thirty (30) years on either an annual or monthly basis at six
and one-half (6-1/2) percent simple interest.
From and after August 19, 2008, rates for the Town of Ransom Canyon
and/or Lubbock County Water Control and Improvement District No. 1
shall be eighty-one and seventeen-hundredths (81.17) percent of the rate
established for either (1) multifamily residential, commercial and public
customers; or (2) wholesale customers, as set forth in section 22.03.085
of the Code of Ordinances of the City of Lubbock, as same may be
amended from time to time.
(e) The authority granted to the water department to offer the sale of water
to the Town of Ransom Canyon and Lubbock County Water Control and
Improvement District No. 1 and any offer made by the water department
pursuant to this authority, shall cease at midnight, August 19, 2038,
unless the offer is accepted. Any offer shall be accepted by delivery to
city of a contract acceptable to the city, signed by the authorized
representatives of the prospective customer. Acceptance of the offer by
one of the two (2) prospective customers shall not extend the authority or
the offer to sell water to the other prospective customer.
(� The prior policy adopted March 5, 1984, and this section shall not be
construed to prohibit the sale of water to federal, state or local
governments, governmental agencies or governmental subdivisions
pursuant to appropriate intergovernmental contracts.
(g) The prior policy adopted March 5, 1984, and this section shall not be
construed to prohibit water service to city-owned property and/or
facilities located thereon regardless of whether such facilities are located
inside or outside of the boundaries of the City of Lubbock.
SECTION 2. THAT violation of any provision of this Ordinance shall be deemed a
misdemeanor punishable as provided by Section 1.01.004 of the Code of Ordinances of the City
of Lubbock, Texas.
SECTION 3. THAT should any section, paragraph, sentence, phrase, clause or word of
this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this
Ordinance shall not be affected thereby.
SECTION 4. THAT the City Secretary of the City of Lubbock is hereby authorized and
directed 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 September 12 , 2023.
Passed by the City Council on second reading this September 26 , 2023.
ATTEST:
Courtney Paz, City S ret
4
APPROVED AS TO CONTENT:
C��� �
.�
Erik Rejino, Assistant City Manager
APPROVED AS TO FORM:
A .. eputy City Attorney