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HomeMy WebLinkAboutOrdinance - 2008-O0074 - Amending Chapter 28; City Water System; Maintenance And Compliance With Law - 09/11/2008:First: Reading September 11. 2008 It:em No. 6.4 ORDINANCE NO. 2008-Q0074 Second Reading September 25. 2008 It:em No. 5.9 N ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES F 1HE CITY OF LUBBOCK, TEXAS, RESPECTING THE DESCRIPTION OF HE CITY WATER SYSTEM; RESPECTING MAINTENANCE AND OMPLIANCE WITH LAW RELATED TO THE CONSTRUCTION, PERATION AND MAINTENANCE OF PUBLIC WATER SYSTEMS; ROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; AND ROVIDING FOR PUBLICATION. WHEREAS, the City Council of the City of Lubbock ftnds and detennines hat it is necessary to protect the health, safety and welfare of its citizens by egulating the construction, operation and maintenance of public water systems "thin the City of Lubbock and designating the responsibility of the City of Lubbock d the owners of public water supply systems within the City of Lubbock for such atters; and WHEREAS, the City Council of the City of Lubbock finds and determines hat it is in the best interest of the health, safety and welfare of the citizens of the City f Lubbock to make the following amendments and additions to Chapter 28 of the ode of Ordinances of the City of Lubbock. NOW, TIIEREFORE; E IT ORDAINED BY THE CITY COUNCIL OF 1HE CITY OF LUBBOCK: SECTION 1. THAT Section 28-16 of the Code of Ordinances, City of Lubbock, exas, is hereby amended to read as follows: ec. 28-16. Definition. a) All property and easements owned and controlled by the city, beginning with its ater treatment plant and potable water production and transmission facilities, and ontinuing through and including pump stations, storage devices, water supply, mains d related system and the organization used by the city in furnishing an adequate up ply of water to the inhabitants of the city and vicinity, and ending at the respective ity owned water meters, shall constitute and be known as the city water system. b) The city water system shall, without limiting the generality of the definition of ubsection (a), above, include potable water delivery infrastructure and easements fter such infrastructure has been designed, constructed, inspected and approved in ccordance with the Lubbock Water Utilities Design Standards and Specifications for ater and Sewer, as may be amended from time to time, and accepted by the City of ubbock, as per the terms of Section 28-156, Code of Ordinances, City of Lubbock, Page 1 of4 SECTION 2. THAT the Code of Ordinances, City of Lubbock, Texas, is hereby amended by adding a section, to be nwnbered 28-48, which said section reads as follows: Sec. 28-48. Responsibility of City Water System and Public Water Systems. (a) The city shall construct, manage, control, operate, maintain and monitor the city water system, including the quality of the water delivered thereby, in accordance with the regulations relating and applicable to public water supplies and systems as promulgated by the Texas Commission on Environmental Quality (TCEQ), or successor agency thereto. The city shall obtain the utility easements and permits necessary to enable reasonable access by the city for the construction, management, control, operation, maintenance, and monitoring of the city water system. The city's responsibility to manage, control, operate, maintain or monitor the water quality, as provided herein, terminates at lh:e end or termination of the city water system. (b) The management, maintenance, operation and monitoring of the water quality and all other aspects of operation of a public water system, including without limitation, compliance with all laws, statutes, regulations, rules and orders pertaining to such water systems, shall be the sole responsibility of the owner and operator, if operated by a party other than owner, of such public water system. (c) The owner and operator, if operated by a party other than owner, of a public water system, initiating the purchase of water from the City of Lubbock after January 1, 2009, shall enter into a contract for water service providing, among other things, designation of the responsibility of such public water system to the owner and operator of such public water system, in accordance with the terms of this Section 28- 48, prior to connection to the city's water system. (d) The owner, and operator, if operated by a party other than the owner, of a public water system may on or before January 1, 2009, submit such system to the city for ownership and inclusion within the city's water system, so long as (i) such public water system has been designed and constructed in accordance with the Lubbock Water Utilities Design Standards and Specifications for Water and Sewer; and (ii) the owner, and operator, if operated by a party other than the owner, submits evidence and other materials as may be required by the director of water utilities of the city to demonstrate that such water system complies with all provisions of Title 30 of the Texas Administrative Code relating to public water systems and/or the supply or provision of potable water, in which case the city may accept such system into the city's water system. In the event that the city elects to accept such public water system into the city water system, and as a condition to such city acceptance, the owner of such public water system shall (i) grant and convey to the city any and all easements, as determined necessary by the director of water utilities of the city, for or related to management, operation, maintenance and monitoring of such water system; and (ii) execute and deliver any and all docwnents and provide such assistance and cooperation to the city and to the TCEQ, to the extent necessary or advisable to Page 2 of4 effectuate the transfer of the applicable certificate of convenience and necessity to the city. The acceptance or refusal to accept such public water system by the city is at the sole election of the City Council of the city. The acceptance by the city of such public water system into the city water system shall be effective upon the latest to occur of (i) approval of the City Council of the City of such acceptance; and (ii) approval of the transfer of the certificate of convenience and necessity by the TCEQ, or successor agency. Nothing contained herein shall be construed to obligate the city to accept such public water system. (e) In the event the owner of a public water system either (i) does not submit the application to the director of water utilities of the city for acceptance of such public water system into the city water system, as contemplated by subsection (d), above; or (ii) the city does not accept such public water system into the city water system, the ownership and responsibility for such water system shall remain as provided in subsection (b), above. (f) As used in this Section 28-48, "public water system" shall mean a public water system as defined in Title 30, Section 290.38(47) of the Texas Administrative Code, as same may be amended from time to time. (g) Nothing contained in this Section 28-48 shall be construed to relieve or limit the responsibility of any customer of the city to comply with all other requirements related to connection to the city water system, including without limitation, requirements related to backflow and/or cross connection protections, as provided by Chapter 6 and Chapter 28 of the Code of Ordinances, City of Lubbock, Texas. SECTION 3. THAT violation of any provision of this Ordinance shall be deemed a misdemeanor punishable as provided in by Section 1-4 of the Code of Ordinances of the City of Lubbock, Texas. 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 provided by law. SECTION 6. THAT this Ordinance shall become effective from and after its publication as provided by law. Page 3 of4 AND IT IS SO ORDERED. Passed by the City Council on first reading this 11th day of September 2008 Passed by the City Council on second reading this 25th day of Septe.ber 2008 AITEST: APPROVED AS TO FORM: AJ)a___ Richard K. Casner, First Assistant City Attorney ccdocs/Richard/Sanitary Control Ordinance 062308.revised Page 4 of4