HomeMy WebLinkAboutOrdinance - 2006-O0076 - Amending Chapter 28 With Regard To Jurisdiction Of The Water Board Of Appeals - 06/26/2006First Rea.ding
June 26> 2006
Item Ro. 6.8
ORDINANCE NO. 2006-00076
Second Reading
July 10 > 2006
Item Bo. 5.8
AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES
OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE
JURISDICTION OF THE WATER BOARD OF APPEALS; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
WHEREAS, it is the opinion of the City Council of the City of Lubbock that
the best interests of the citizens of the City of Lubbock would be served by amending
Chapter 28 of the Code of Ordinances of the City of Lubbock; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1: THAT Section 28-44 (h)(l) of the Code of Ordinances, City of
Lubbock, Texas, is hereby amended to read as follows:
(h) Board of appeals.
(1) Establishment. In order to determine the suitability of alternate
materials and methods of construction and to provide for (i) reasonable
interpretation of the provisions of section 28-44; (ii) to determine
exceptions to the requirements of subsections 28-45( a) and (b) of this
Code; and (iii) to determine variances to the requirements of the
Water Use Management Plan -Drought and Emergency Contingency
Plan and Water Conservation Plan, section 28-1, there is hereby
created a board of appeals, to be known as the water board of appeals,
consisting of seven (7) members who are qualified by experience and
training to pass upon such matters. The membership of the water
board of appeals shall include one or more representatives from the
following named areas of expertise:
a. A licensed irrigator;
b. A landscape architect;
c. A representative from the public education system;
d. A representative from the top one hundred (100) water users from
the city water system;
e. A representative from water related governmental entities or
authorities (such as Canadian River Municipal Water Authority,
Brazos River Authority, High Plains Underground Water
Conservation District Number 1, etc.);
f. Two (2) citizens of the City of Lubbock.
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The director of water utilities shall be the ex officio member and shall
act as secretary for the board. The water board of appeals shall be
appointed by the governing body of the city. The initial board
members shall serve as follows: Three (3) members shall serve for a
term of one year and four (4) members shall serve for a term of two (2)
years, said terms to be determined by the City Council of the city at
the time of appointment. At the expiration of the terms of the initial
board members, all terms shall be for two (2) years, or until such time
as their successors are appointed. A simple majority of the water
board of appeals shall constitute a quorum.
SECTION 2. THAT Section 28-44 (h)(3) of the Code of Ordinances, City of
Lubbock, Texas, is hereby amended to read as follows:
(3) Jurisdiction. The water board of appeals shall have authority and is
vested with the jurisdiction to hear and determine:
a. Request for substitution of alternate systems from those provided
in this section 28-44 of the Code of Ordinances;
b. Requests for exceptions to the watering times and/or conditions
than that set forth in subsections 28-45(a) and 28-45(b) of the Code
of Ordinances; and
c. Requests for variances to the requirements of the Water Use
Management Plan -Drought and Emergency Contingency Plan set
forth in subsection 28-1 (b )(2).
SECTION 3. THAT Section 28-44 (h)(4) of the Code of Ordinances, City of
Lubbock, Texas, is hereby amended by deleting such provision.
( 4) Hearings. Application for hearings shall be as follows:
a. The owner of property intending to install, alter, change, convert,
repair or operate a landscape irrigation system on said property in
conformance with pertinent governing ordinances of the city, shall
in cases when compliance with such codes presents a practical
difficulty or unnecessary hardship, make written application to the
water board of appeals, on forms to be furnished by the director of
water utilities, for a recommendation of an alternate system or
alternate watering times and/or conditions to that required by
section 28-44, 28-45( a) or 28-45(b) of the Code of Ordinances.
b. Each applicant for an alternate system to that prescribed by section
28-44 of the Code of Ordinances shall, upon making such
application, submit to the water board of appeals sufficient
technical data and other information to demonstrate that the new
method or device is equivalent in quality, strength, effectiveness
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and safety to that prescribed in section 28-44 of the Code of
Ordinances.
c. Each applicant for exceptions to the watering times and/or
conditions to that prescribed by subsection 28-45(a) and 28-45(b)
of the Code of Ordinances shall, upon making such application,
submit to the water board of appeals sufficient technical data and
other information to demonstrate that due to special conditions, a
literal enforcement of subsection 28-45(a) or 28-45(b) would result
in unnecessary hardship and that the requested exception is not
contrary to the public interest. The water board of appeals may
grant such exception subject to any conditions deemed necessary
or advisable by the water board of appeals.
d. Each applicant for variance to the Water Use Management Plan -
Drought and Emergency Contingency Plan and Water
Conservation Plan, subsection 28-l(b)(2), shall, upon making such
application, submit sufficient information and technical data, as
described in subsection 28-l(b)(2), to the water board of appeals.
The water board of appeals may grant such variance upon findings
as described in subsection 28-1 (b )(2), subject to any conditions
deemed necessary or advisable by the water board of appeals.
SECTION 4. THAT should any paragraph, section, 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 5. THAT the City Secretary is hereby authorized and directed to
cause publication of the descriptive caption of this Ordinance as an alternative
method of publication by law.
AND IT IS ORDERED.
Passed by the City Council on first reading this 26th day of June
Passed by the City Council on second reading this 10th day of Ju1y
, 2006.
, 2006 .
.
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ATTEST:
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Rebecca Garza, City Secretary
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APPROVED AS TO CONTENT
Tom Adams, Deputy City Manager
RichardK.'asner
First Assistant City Attorney
RKC/ml/ccdocs/lrrigation Board of Appeals-Amend.Ord
June 20, 2006
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