HomeMy WebLinkAboutOrdinance - 2024-O0133 - Amend Lubbock Code Of Ordinances, Chapter 22, "UTILITIES" - 10/08/2024First Reading
September 24, 2024
Item No. 6.6
ORDINANCE N0 2024-00133
Second Reading
October 8, 2024
Item No. 7.12
AN ORDINANCE AMENDING THE CITY OF LUBBOCK, TEXAS CODE
OF ORDINANCES CHAPTER 22, "UTILITIES", ARTICLE 22.04,
"WASTEWATER SYSTEM" BY AMENDING §22.04.002,
"DEFINITIONS", §22.04.009, "SANITARY SEWER LATERAL LINE
MAINTENANCE", §22.04.045, "SEWER SERVICE CONNECTIONS" AS
THEY RELATE TO REPAIRS AND REPLACEMENT OF SANITARY
SEWER LATERAL LINES LOCATED IN THE CITY'S RIGHT-OF-WAY;
AUTHORIZING THE CITY MANAGER TO ESTABLISH A FINANCIAL
ASSISTANCE PROGRAM; PROVIDING A REPEALER; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
WHEREAS, the City Council of the City of Lubbock, Texas pursuant to the constitution
and laws of the State of Texas including, but not limited to, Article 11, Section 5 of the Texas
Constitution as a home rule city, Chapter 552 of the Texas Local Government Code and Chapter 1,
Article II, Section 10 of the City Charter, has the authority to operate a water utility system and set
forth ordinances and. regulations and receive compensation necessary to operate a water utility
system for the benefit of the citizens of the City of Lubbock; and
WHEREAS, the City Council of the City of Lubbock, recognizes the public health and
safety issue associated with raw, untreated sewage and wastewater discharging in the public right-
of-way caused by failures in the City of Lubbock's sanitary sewer main and/or by failures with a
utility customer's sanitary sewer line lateral located in the public right-of-way; and
WHEREAS, the City Council finds that a public purpose is served to establish policies
and guidelines related to the repair of the City of Lubbock's sanitary sewer main and a utility
customer's sanitary sewer lateral line located in the public right-of-way; and
WHEREAS, to further establish the responsibilities of the city and private parties related
to the repair of sanitary sewer lateral lines in the public right-of-way, the City of Lubbock passed
Ordinance No. 2023-00119 on October 10, 2023, placing the responsibility of such repairs on the
owner of such sanitary sewer lateral line; and
WHEREAS, due to feedback received by the City Council from the public regarding this
change, the City Council reconsidered Ordinance No. 2023-00119 and adopted an amendment to
such ordinance, Ordinance No. 2024-00053, effectively reverting to the City the repair
responsibility of sanitary sewer lateral lines located in the public right-of-way; and
WHEREAS, as part of the consideration for passing Ordinance No. 2024-00053, on April
9, 2024 the City Council created an ad hoc committee, the Private Sewer Lateral Ad -Hoc
Committee (the "Committee") through Resolution No. 2024-110203, to consider issues regarding
the repair of sanitary sewer lateral lines in the public right-of-way in the City; and
WHEREAS, on July 9, 2024, the Committee reported their findings to the City Council at
the Special City Council Meeting; and
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WHEREAS, after reviewing the report of the Committee and discussing the financial
impact any change would have on the public as well as the fiscal impact any change would have
on the budget and finances of the City of Lubbock, the City Council believes it to be in the best
interest of the public, health and safety of the citizens of Lubbock and it the best interest of the
municipal corporation to amend Chapter 22 of the Code of Ordinances of the City of Lubbock;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK,THAT:
SECTION 1. The recitals and findings outlined above are found to be true and correct and are
hereby incorporated herein as the findings of the City Council.
SECTION 2. The Code of Ordinances, City of Lubbock, is hereby amended by amending
§22.04.002, "Definitions" by adding the following definitions: (for reference purposes, new
additions to the Code of Ordinances are underlined and italicized and deleted provisions are
indicated by strikethrough text):
§ 22.04.002 Definitions
Registered utility contractor. A person with the requisite training expertise and skill to
perform work on a public ivastewater system who is a licensed plumber in the State of
Texas or maintains a Wasle»,ater Collection System Operator Class III license (or its
equivalent) issued by the State of Texas and who is registered with the ciu's en, ing eering
right -of waydepartment.
Sewage backflow event. An event where, due to a problem with the sanitary sewer main,
a connection to the sanitary sewer main or with the sanitary sewer lateral line, there is a
severe lack of sanitar , s� ewege/wastewcaer flow and sanitary sewage overflow is innninent
or is discharging in a residence, on the property or in a place ofbusiness that is detrimental
to public health.
SECTION 3. The Code of Ordinances, City of Lubbock, is hereby amended by amending §
22.04.009, "Sanitary sewer line maintenance" to read as follows: (for reference purposes, new
additions to the Code of Ordinances are underlined and italicized and deleted provisions are
indicated by strikethrough text):
§ 22.04.009 Sanitary sewer lateral line maintenance.
(a) The city and its designated contractors shall be the only authorized entities or persons
to repair or replace the sewer wye, tee, or tapping saddle connection to the city sewer main
for an existing property with current sewer service. Onlythe he city or a registered utility
contractor may and to replace the customer's sanitary sewer lateral seF= ,!ee lone located in
the city's right-of-way.
(b) The customer shall be responsible for cleaning, clearing, removing obstructions,
maintenance, a*d operation, repair or replacement of the customer's sanitary sewer lateral
line from the home, business, facility, or other point of service, to the sewer wye, tee or
tapping saddle connection at the public sewer main.
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(c) The customer or the customer's contractor shall acquire the proper permits and comply
with all applicable laws, ordinances, and policies for the maintenance, repair and operation
of this latent} sanitary sewer seeyiee lateral line. Physical obstructions in the city's alley
right-of-way, such as landscaping, irrigation systems, fencing, or other such surface or
subsurface obstructions may potentially be damaged by excavation activity and are
prohibited. All repairs and construction of the sanitary sewer lateral ser-viee-line or
pavement within city right-of-way or alleyways shall be performed in accordance with all
applicable ordinances and the City of Lubbock Engineering Minimum Design Standards
and Specifications.
(d) The customer's utility contractor shall perform the proper one -call notification
pursuant to Texas State Utility Code title 5, chapter 251. Such notification requires a 48-
hour advance notice before excavation can begin. In addition, prior to excavation, the
customer's utility contractor shall complete a permit with the City of Lubbock en ineering
right-of-way department.
(e) Repairs, sewer main or sewer tap:
Emergency repairs. An emergency repair request is one where,_
determines there i due to a problem with the connection at the city's sanitary sewer
main, a utility customer is experiencing a sewage backflow event. Upon receiving
confirmation from a registered utility contractor that the sewage backflow event is
being caused by a problem ,vith the sanitary sewer main the registered utility
contractor shall contact the city City of Lubbock right-of-ways department for
emergency repairs of the city's sanitary sewer main.
(2) Repair of an existing sewer wye, tee, or tapping saddle. The city shall be
responsible for replacing the wye, tee, or tapping saddle if it is found to be inoperable
or in disrepair. A contractor of the customer shall not make these repairs. Rather,
requests for repair shall be made directly to the water utility department by the
contractor making the sanitary sewer lateral line repairs.
(3) Routine repair. A routine repair request is one where there is service, but the
server tap is in need of repair. The sewer tap repair will be scheduled and placed on the
repair priority list based upon whether the service is an emergency or routine repair.
City personnel or its contractors will perform all paving and concrete repair.
W
ffl Sanitary sewer lateral line -Sewer- lateral seiA,iee in right-of-way.
W Emergency repair. In the event a utility customer, or a property owner, ifdifferent
than the utility customer, is experiencing a sewage backflow event at their property
and a licensed plumber has cletermined that the setivage backflow event is being caused
by a collapse of the sanitary sewer lateral line located in the city's right-of-way 7t-of-way and/or
by problem with the sanitary sewer main the licensed plumber may request the city
repair the sanitary sewer main and the collapsed sewer lateral line located in the city'sright-of-way. The request for repair of a the sanitary sewer lateral ser- viee line located
in the city's right-of-way shall be made directly to the water utility department b-a
licensed plumbeg. The licensed plumber mt• is responsible. for marking the
location of the sewer connection and/or lateral service line with paint or pin flags. The
property owner shall be responsible for the costs and fees associated with the city
repairing the sewer lateral line located in the ci s right-of-way as outlined herein.
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Nothing contained herein shall be construed to prevent a property owner from
facilitating the repair of the pr_perty owner's own sewer lateral line whether located
in the city's right-of-way or not, so long as the proper permits are obtained all
applicable regulations and laws are complied with and the repairs to the sewer lateral
line located in the right-of-way are done by a registered utility contractor.
(2) Payment for sewer lateral line repair.
64) Repair fee. In the event the owner of the subject property requests the city
repair the sanitary sewer lateral line in the city's right-of-way as provided for in
� 22.04.0090(1) above, the property owner shall be assessed a char ee of
$1, 000.00 for such repair. Full payment of this repair fee shall be due at the time
the repair is made unless a payment agreement has been executed as proviclede fo
in subsection O below.
(B) Payment agreement. The owner of the subject property may enter into a
payment agreement with the city whereby the utility customer agrees to pay the
repair fee in equal monthly installments so long as the number of monthly
installments does not exceecl 12 months. The property owner shall be required to
execute an agreement in the form approved by and provided by the city
(C) Financial assistance. The city may establish a financial assistance pro am
to assist property owners with payment o this repair fee. The financial assistance
program shall be available for eligible low-income property owners based on
annual gross income, and shall be subject to annual appropriation. The city
manager shall be responsible for establishing the guidelines and Procedures for
the financial assistance pro am.
SECTION 4. The Code of Ordinances, City of Lubbock, is hereby amended by amending
§22.04.045, "Sewer service connections" to read as follows: (for reference purposes, new additions
to the Code of Ordinances are underlined and italicized and deleted provisions are indicated by
strikethrough text):
§ 22.04.045 Sewer service connections.
(a) The customer shall select a city approved re ist�ered_ utility contractor to connect lateral
sewer connections for residential and commercial land uses. The utilit-y eeiitraeter- shall be
registered with the eity's engifteer-ing depaFtment wid shall have a eur-rent waslewFAe
lIVV11JLd plumber withinthe Sta4 of T
(b) Construction of the sewer lateral connection shall conform to the City of Lubbock
Engineering Minimum Design Standards and Specifications.
(c) The customer or the customer's contractor shall acquire the proper permits and comply
with all applicable laws, ordinances, and policies for the maintenance, repair and operation
of this lateral line. Physical obstructions in the city's right-of-way, such as landscaping,
irrigation systems, fencing, or other such surface or subsurface obstructions may
potentially be damaged by excavation activity. The contractor, at its discretion, may
proceed with installing, repairing, or replacing the sewer tap or lateral service line located
in the city right-of-way, through or past the obstruction. The repair or replacement of any
obstructions placed in the easement or right-of-way, by the property owner or occupant of
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the facility being served, or any individual, is the sole responsibility of said owner or
occupant.
(d) The registered utility contractor shall notify the appropriate city staff at least 48 hours
prior to construction and within 72 hours of the completion of construction. The city will
issue a notice of completion within 72 hours of the contractor notifying the city. Then, the
customer can request and pay the appropriate fee for the desired size water meter.
SECTION 5. The city manager, or his designee, is hereby authorized to develop and enter into
payment agreements for payment of the sanitary sewer lateral line repair fee and establish a
financial assistance program, including all associated guidelines and policies, to assist utility
customers with payment of the repair fee. Payment arrangements may not exceed twelve (12)
months and the financial assistance program shall be available for low-income utility customers,
based on annual gross income, and shall be subject to annual appropriation.
SECTION 6. The city manager is authorized to develop, implement and promulgate policies and
procedures related to the operation use of the City of Lubbock's personnel and assets for repairs
related to sanitary sewer lateral lines located in the public right-of-way consistent with this
ordinance, the Lubbock City Charter, the Code of Ordinances of the City of Lubbock and state laws
and regulations.
SECTION 7. Repealed. Al other terms and provisions of the Code of Ordinances, City of
Lubbock, not in conflict herewith and not hereby amended shall remain in full force and effect.
SECTION 8. Severability. If any provision, section, subsection, sentence, clause or the
application of same to any person or set of circumstances for any reason is held to be
unconstitutional, void or invalid or for any reason unenforceable, the validity of the remaining
portions of this ordinance or the application thereby shall remain in effect, it being the intent of the
City Council of the City of Lubbock, Texas in adopting this ordinance, that no portion thereof or
provision contained herein shall become inoperative or fail by any reasons of unconstitutionality
of any other portion or provision.
SECTION 9. Publication. 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 24th day of Sept. , 2024.
Passed by the City Council on second reading this 8th day of Oct. , 2024.
MARK MCBRAYER, MAYOR
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ATnTEST:
Paz, City Secretary
APPROVED AS TO CONTENT:
Erik Rejino, Assistant City Manager
APPROVED AS TO FORM:
Matl6ew L. Wade, City Attorney
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