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Home My WebLink AboutOrdinance - 9634-1993 - Amending Chapter 28 Waterand Sewer New Article VI Drainage Utility System - 09/12/1993First Reading August 12, 1993 Item #12 Second Reading August 26, 1993 Item 116 ORDINANCE NO. 9634 AN ORDINANCE AMENDING CHAPTER 28, "WATER AND SEWERS,• OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY ADDING THERETO A NEW ARTICLE VI DECLARING A DRAINAGE UTILITY SYSTEM IN THE CITY OF LUBBOCK PURSUANT TO THE AUTHORITY GRANTED BY SUBCHAPTER C OF CHAPTER 402 OF THE LOCAL GOVERNMENT CODE; ADOPTING SUBCHAPTER C OF CHAPTER 402 OF THE LOCAL GOVERNMENT CODE; PROVIDING FOR ENFORCEMENT; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVID- ING FOR PUBLICATION. WHEREAS, the City Council of the City of Lubbock deems it to be in the , best interest of the health, safety and welfare of the citizens of the City of Lubbock to establish a drainage utility system in order to meet newly estab- lished federal permit requirements for drainage water quality; and WHEREAS, prior to the adoption of this Ordinance, the City Council caused to be published in a newspaper of general circulation in the City of Lubbock a notice stating the time and place of a public hearing to consider this Ordinance, which notice contained the full text of the proposed Ordinance and which notice was published three times before the date of the public hear- ing on this proposed ordinance with the first publication occurring on or before the 30th day before the date of such hearing; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Code of Ordinances, City of Lubbock, Texas, is hereby amended by adding a new Article, to be numbered Article VI, to Chapter 28, which said Article reads as follows: ARTICLE VI, MUNICIPAL DRAINAGE UTILITY Sec. 28-200. City Council findings. The City Council of the City of Lubbock has found and does find that: a) the City of Lubbock will establish a schedule of drainage charges against all real property in the proposed service area subject to charges under Chapter 402 of the Local Government Code; b) the City of Lubbock will provide drainage for all real property in the proposed service area on payment of drainage charges, except real property exempted under Chap- ter 402 of the Local Government Code; and c) the City of Lubbock will offer drainage service on nondiscriminatory, reasonable and equitable terms. d) as it relates to the requirements of Section 402.053 of the Local Government Code, the issuance of a •certificate of Occupancy• for residential structures in the City of Lubbock shall be defined as the installation of the initial tie-in to water or waste water service for the resi- dential parcel. Sec. 28-201. Adoption of state l&Wi creation of utility. The provisions of Subchapter C of Chapter 402 of the Local Government Code are hereby adopted by the City of Lubbock. The City of Lubbock shall have full authority to operate a municipal drainage utility system pursuant to Subchapter C, Chapter 402, Local Government Code; Article 11, Section 5, of the Texas Consti- tution; and the Charter of the City of Lubbock. The drainage of the City of Lubbock is hereby declared to be a public utility. Sec. 28-202. Deposit not required. The City of Lubbock shall not require a deposit for drainage charges as a precondition .to accepting surface fl ow into the drainage system. Sec. 28-203. Billing; delinquent charges. All billings, credits, exemptions and other procedures, including penalties for delinquent payments, shall be as specified in Subchapter C of Chapter 402, Local Government Code. In addi- tion, such penalties and procedures for collection as are used for other utility billings by the City of Lubbock, where not in con- flict with Subchapter C of Chapter 402, Local Government Code, are hereby adopted for use as rules of the municipal drainage utility. Sec. 28-204. Schedule of drainage charges. Drainage charges shall be in accordance with a schedule of charges adopted by Resolution of the City Council following a public hearing as required by Sec. 402.045 of the Local Government Code. Said Resolution shall be placed on file at the office of the City Secretary following passage and made available upon request to the public. Such charges may be changed, adjusted or readjusted by City Council Resolution as required and a current copy of such drainage charges shall be kept available at the office of the City Secretary. - 2 - Sec. 28-205. Appeals. Ordinary billing and payment disputes shall be subject to informal hearing and dispute resolution procedures used for other utility billing disputes by the City of Lubbock. Certain other matters may be appealed to the City Engineer or his designee as follows: a) Residential property billing can be appealed when the owner can offer proof that the property is unimproved and therefore not subject to the municipal drainage utility fee. b) Any owner of non-residential property who can offer proof that an error was made with regard to the category of land development, the percent of imperviousness of the land development or the size of the developed property can appeal such matters. c) The City Engineer or his designee shall render a written decision on such appeals within thirty (30) days after receiving a written notice of appeal from the land owner. Any landowner who disagrees with the decision of the City Engineer or his designee may appeal such decision to the City Permit and License Appeal Board in accordance with the provisions of Chapter 2 of the Code of Ordinances of the City of Lubbock. A decision of the Permit and License Appeal Board shall be final. Sec. 28-206. lnjunct1oni penalty. Any violation of this ordinance may be enjoined by a civil proceeding filed in the name of the City of Lubbock in a court of competent jurisdiction in addition to such violation being a Class C misdemeanor punishable by a fine not exceeding such amount as is provided by the general laws of the state of Texas for such offenses. SECTION 2. THAT should any section, paragraph, sentence, phrase, clause or word of this Ordinance be declared unconstitutional or invalid for any rea- son, the remainder of this Ordinance shall not be affected thereby. - 3 - SECTION 3. THAT, in addition to other legal publication requirements, the City Secretary is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternat;ve method of publica- t;on provided by law. AND IT IS SO ORDERED. Passed by City Council on first reading this 12th 1993. Passed by City Council 1993. ATTEST: ~··~· . . . , 1 .-1 Ao""ori,"'ty Secretary APPROVED AS TO CONTENT: ~&v APPROVED AS TO FORM: DGV:Js/AMDCBP28.0RD D2-Agenda/rev. July 7, 1993 -4 - day of August LUBBOCK AVALANCHE-JOURNAL Southwestern Newspaper Corporation NOTARY PUBLIC in for the State or Texas My Commission Expires .................. ___ _ Subscribed and sworn to before me thi.~s __ ___;;;U,.___day o,fL _])_....::.....:l?<!.~:....::e,rn.=-=---='--'6=e,e..,,,-__ 19,_q-L--L/ __ _ FOR~IU·H ··--.. " ,-. . - -- ,..__-1-=~~-===~--,1--.....-..,...,..---::a....----ll-'I N tary Public in and for Lubbock County, Texas on this day personally appeare:u.-,1...:.:...,__--.L..1...:=..1..L.1.+J-J1;.LU!::.L,.1_.u~-.!.---------Of the Southwestern Newspa- pers Corporation, publishers of the Lubbock Avalanche-Journal -Morning, and Sunday, who being by me duly sworn did depose and say that said new p s been published continuously for more than fifty-two weeks pri- or to the first insertion of this J,,:..J-~4-_c.~~-1i.-.1~~,--------------------- LUBBOCK AVALANCHE-JOURNAL Southwestern Newspaper Corporation FORMSS-10 . ' . '\ ' , . . "··.•··:· NOTARY PUBLIC In and ~e State of Texas My Commission Expires .................. ___ _ •": •-uia_01_N_._Mci.rot'6!M ' . . . ....,,.,;.'!)., J; ' AN'ORDINANCE.~MEtfD• 'IIJIG CHA,.TER n. "WATER AND :IIEWEkl,'~,OF THE CODE OF ~RQINANCl!l,'Qf;:SWE CITY OF , LIJB.BOCK, TEXAS, 'IIY ADDING THERETO A NEW ARTICLE VI DECLARING A DRAINAGE UTILITY SYSTEM IN THE CITY OF LUBBOCK PURSUANT TO THE AUTHORITY GRANTED BY SUBCHAPTER C OF CHAPTER •02 OF THE LOCAL"GOVERN• MENT CODE! FOR ENFORCE· MENT1 PROVIDING A PENAL• TYi PROVIDING A SAVINGS CLAUSEi AND P,!'OVIDING FOR Pf,IIILICATIO~: •. , ••;,;{ )·, :, , ' ·.'/! ;lt;.i,;yr•,,·· , '" · R-1785 . .. . ·•:LI .. • ,.Jo;« .... , ------=•<_.:;.,.,.. . -- . ' 19_~....a-----