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HomeMy WebLinkAboutOrdinance - 2002-O0062 - Amending Chapt. 28 , Adding Section 28-155(G) Replacement Of Sewer Taps - 05/09/2002First Reading May 9, 2002 Item No. 27 Second Reading May 23, 2002 Item No. 16 ORDINANCE NO. 2002-o0062 AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINACES OF THE CITY OF LUBBOCK, TEXAS, BY ADDING A NEW SECTION 28 ~155(g) WITH REGARD TO THE REPAIR OR REPLACEMENT OF SEWER TAPS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING AN EFFECTIVE DATE VlHEREAS, the City Council of the City of Lubbock, Texas, deems it to be in the best interest of the health, safety and welfare of the citizens of the City of Lubbock to regulate the rehabilitation or replacement of defective sewer taps, 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 section, to be numbered 28-155(g), which said section reads as follows: (g) The City of Lubbock or its contractors shall be the only authorized person to dig in the City's right of way when repairing or replacing a preexisting sewer tap on a preexisting home with sewer services. The plumber is responsible for the customer's lateral line. The customer's service line is defined as the lateral service line. The lateral service line ends at the property or easement boundary. Physical obstructions such as landscaping, irrigation systems, fencing, or other such surface or subsurface obstructions may potentially be damaged by excavation activity. The City, at its discretion, may proceed with installing, repairing, or replacing the sewer tap, tlrrough 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 the facility being served, or any individual, is the sole responsibility of said owner or occupant. The sewer tap repair or replacement may include the tapping saddle, riser, elbow and service line up to the customer's property line as defined herein above. In areas with cul-de-sacs on the City's sewer service is in the street, the City has the option to replace only those parts that are required to get the customer's sewer service restored. The request for a sewer tap repair or replacement shall be made directly by a licensed plumber to the Water Utilities Department. The City shall perform the one-call notification pursuant to Tex. State Util. Code Title 5, Ch. 251. Such notification shall be made not less than forty-eight (48) hours in advance for ro·utine requests and not less than four (4) hours for emergency requests. An emergency repair request is one where the customer does not have sewer service and the lack of wastewater disposal creates a potential health concern. Sec 28-155(g) Page I of3 A routine repair request is one where there is service, but the tap is in need of repair. The tap repair will be scheduled and placed on the repair priority list. City personnel, or its contractors using current published standards and specifications, will perform all paving and concrete repair. SECTION 2. THAT violation of any provision of this Ordinance shall be deemed a misdemeanor punishable as provided by Section 1-4 of the Code of Ordinances of the City of Lubbock. SECTION 3. THAT should any paragraph, section, sentence, phrase, clause or word of this Ordinance be declared unconstitutional or invalid for any reason, th-e remainder of this Ordinance shall not be affected thereby. SECTION 4. 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 5. This Ordinance shall become effective from and after its publication as provided by law. ANDITISSOORDERED Passed by the City Council on first reading this 9th day of May '2002. Passed by the City Council on second reading this 23mday of~ ... 1}'2 ~/ ATTEST: ~~~ Rebecca Garza, City Se~ Sec 28-155(g) Page 2 of3 MA~~~cj>6J9AL, MAYOR ---··-····~ / 2 Director ofPublic Works APPROVED AS TO FORM: JMK:ke Cityatt'John!SewerTap-Replacement.Ord.RedlinedAccptcl March 14, 2002 Sec 28-155(g) Page 3 of3 3