HomeMy WebLinkAboutOrdinance - 2016-O0002 - Amending Chapter 22 - Outside Of City Boundaries Wholesale Water Service - 01/28/2016P first Reading
January 14, 2016
Item No. 6.7
ORDINANCE NO. 2016-00002
Second Keadmg
January 28, 2016
Item No. 5.5
AN ORDINANCE AMENDING CHAPTER 22 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO
WHOLESALE WATER SERVICE TO SPECIFIED AREAS OUTSIDE OF THE CITY
BOUNDARIES AND CONDITIONS AND RATES RELATED TO SAME;
PROVIDING A SAVINGS CLAUSE, AND PROVIDING FOR PUBLICATION.
WHEREAS, the City Council of the City of Lubbock deems it in the best interest
of the health, safety and welfare of the citizens of Lubbock to make the following
amendments to Chapter 22 of the Code of Ordinances of the City of Lubbock, Texas,
with regard to wholesale water service to specified areas outside of the City boundaries
and conditions and rates related to same;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF LUBBOCK:
SECTION 1. THAT Section 22.03.091, subsections (b), (c), and (e) of the Code
of Ordinances, City of Lubbock, Texas, is hereby amended to read as follows:
Section 22.03.091. Wholesale water service to specified areas outside city;
conditions, rates.
(b) In order to compromise and settle protests and threatened litigation
regarding the disposal of treated municipal effluent by city, the City
Council authorizes the city's water department to extend the city's water
distribution facilities outside the corporate limits and to offer to sell water
(i) to the Town of Ransom Canyon for resale (a) within its corporate limits
as of January 1, 2015; (b) in any area included within the authorized
service area of its Certificate of Convenience and Necessity, as issued by
the Texas Commission on Environmental Quality, or successor agency;
and (c) to the Roosevelt Independent School District; and (ii) to Lubbock
County Water Control and Improvement District No. 1 for resale within
the corporate limits of the Village of Buffalo Springs as those limits
existed as of January 1, 2015, and other such locations as permitted by the
City Council of the City of Lubbock, provided the offer to sell water and
the sale of water shall be subject to the conditions and limitations specified
in the provisions of this section, the applicable provisions of City Code,
Chapter 22, where such provisions are not inconsistent with this section,
and the agreements approved and accepted by the City Council. By
adopting and implementing Section 22.03.091 of the Code of Ordinances
of the City of Lubbock, it is not the intention of the city to offer to sell
water to persons located outside the City of Lubbock's corporate limits
other than the Town of Ransom Canyon and Lubbock County Water
Control and Improvement District No. 1, unless otherwise specifically
permitted by City Council of the City of Lubbock.
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(c) The authority to extend city's water distribution system outside the
corporate limits and to offer to sell water to the Town of Ransom Canyon
and Lubbock County Water Control and Improvement District No. 1 shall
be subject to the conditions and limitations, as follows:
(1) In order to accept the city's offer to sell water, the Town of
Ransom Canyon and Lubbock County Water Control and
Improvement District No. 1, each shall request service and each
shall enter into a written contract approved and accepted and
signed by the mayor on behalf of the city.
(2) As a part of the written contract for water service, the Town of
Ransom Canyon and Lubbock County Water Control and
Improvement District No. 1 shall agree to limit the volume of
water delivered, pursuant to such contract, to each entity
respectively, during any twenty-four (24) consecutive hours; and
any three hundred sixty-five (365) consecutive days. The volume
limitation for each value shall be agreed to between the city and
the Town of Ransom Canyon and Lubbock County Water Control
and Improvement District No. 1, but in no event shall such volume
exceed that which is necessary to allow complete service (i) by the
Town of Ransom Canyon (a) within the corporate limits of the
Town of Ransom Canyon as such limits exist as of January 1,
2015; (b) within any area included within the authorized service
area of its Certificate of Convenience and Necessity, as issued by
the Texas Commission on Environmental Quality, or successor
agency; or (c) to Roosevelt Independent School District; or (ii) by
the Lubbock Water Control and Improvement District No. 1,
within the service area of the Lubbock County Water Control and
Improvement District No. 1 actively being served by such district
in the corporate limits of the Village of Buffalo Springs as such
limits existed on January 1, 2015, and other such locations as
authorized by the City Council of the City of Lubbock.
(3) As part of the application, the Town of Ransom Canyon and
Lubbock County Water Control and Improvement District No. 1
shall each agree to provide retail service only and to limit service
to consumers located within their respective service area, as
described in Section 28-59 (c)(2) of the Code of Ordinances of the
City of Lubbock and other such locations as authorized by the City
Council of the City of Lubbock.
(4) As part of the application and agreement, the Town of Ransom
Canyon and Lubbock County Water Control and Improvement
District No. 1 shall each agree to pay for water delivered by city at
the rate established from time to time by the city council. The city,
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acting through the city council, reserves the right to adjust the rate
from time to time based upon the methodology recommended by
the city's consultants.
(5) As part of the resolution approving the agreements between this
city and the Town of Ransom Canyon and Lubbock County Water
Control and Improvement District No. 1, the City Council shall
expressly find that there is adequate untreated water supply and
water treatment capacity and treated water storage, pumping, and
distribution capacity within the city's water system to satisfy the
demands of the Town of Ransom Canyon and Lubbock County
Water Control and Improvement District No. I to the extent
described in their respective agreements, together with all other
service commitments of the city that are existing or anticipated at
the time the wholesale customer applies for service.
(6) The water department of the City of Lubbock is hereby authorized
to adopt policies and procedures, not inconsistent with the terms of
this section, as may be necessary to implement the provisions for
the intent of the City Council herein expressed.
(e) The authority granted to the water department to offer the sale of water to
the Town of Ransom Canyon and Lubbock County Water Control and
Improvement District No. 1 and any offer made by the water department
pursuant to this authority, shall cease at midnight, August 19, 2038, unless
the offer is accepted. Any offer shall be accepted by delivery to city of a
contract acceptable to the city, signed by the authorized representatives of
the prospective customer. Acceptance of the offer by one of the two (2)
prospective customers shall not extend the authority or the offer to sell
water to the other prospective customer.
SECTION 2. 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 3. 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.
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AND IT IS SO ORDERED.
Passed by the City Council on first reading this 14th day of January, 2016 2()15.
Passed by the City Council on second reading this2Rth day of January,9016 015
r
ATTEST:
Rtca Garza, City Secretary
AS TQ CONTENT:
P.E., Director of Public Works
Aubrey A. , P.E., Direct r of Water Utilities
APPROVED AS TO FORM:
1
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GLENX. kOBEWfSON, MAYOR