HomeMy WebLinkAboutOrdinance - 2016-O0181 - Amending 22.04.041(B) - Wastewater Collection And Treatment Services - 12/15/2016First Reading Second Reading
December 1, 2016 December 15, 2016
Item No. 6.10 Item No. 6.10
ORDINANCE NO. 2016-00181
AN ORDINANCE AMENDING SUBSECTIONS 22.04.041(b) OF THE CODE
OF ORDINANCES OF THE CITY OF LUBBOCK BY PROHIBITING PROVISION OF
WASTEWATER COLLECTION AND TREATMENT SERVICES TO INDIVIDUALS,
BUSINESSES, AGENCIES, OR ORGANIZATIONS OUTSIDE THE CORPORATE
LIMITS OF THE CITY AND REVISING WASTEWATER VOLUME RATES FOR
WHOLESALE CUSTOMERS; PROVIDING AN EFFECTIVE DATE FOR SUCH:
PROVIDING FOR PUBLICATION; AND PROVIDING FOR A SAVINGS CLAUSE.
WHEREAS, the City Council of the City of Lubbock deems it to be in the best
interest of the citizens of the City of Lubbock to amend the Code of Ordinances to prohibit
the provision of wastewater collection and treatment services to individuals, businesses,
agencies, or organizations outside the corporate limits of the City and to revise the
wastewater volume rates for wholesale customers; 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 subsections, to be numbered 22.04.041(e), (f), and (g), which said
subsections read as follows:
Section 22.04.041 Rates charged for wastewater service
(e) The provision of wastewater collection and treatment services to
individuals, businesses, agencies or organizations that lie outside the corporate
limits of the City of Lubbock is prohibited. This section shall not be construed to
prohibit the provision of such wastewater services to federal, state or local
governments, governmental agencies or governmental subdivisions pursuant to
appropriate intergovernmental contracts. Neither should this section be construed
to prohibit the provision of wastewater service to city -owned property andlor
facilities located thereon regardless of whether such facilities are located inside or
outside of the boundaries of the City of Lubbock.
(f) The following wastewater volume rate shall be applicable for those federal,
state or local governments, governmental agencies or governmental subdivisions
that are authorized to acquire wastewater services by city ordinance and enter into
contracts with the city for wholesale purchases. Solely for the purposes of
wholesale customers, the wastewater volume rate shall be 1.5 times the wastewater
volume rate for all other customers as set forth above. The rates prescribed herein
for wholesale customers reflect the increased cost of service by the city for such
customers, including without limitation, costs related to wastewater collection and
treatment infrastructure and remote metering and service issues, standby
wastewater capacity, and the impact of advancing the timing of wastewater projects
to meet additional wastewater demands from wholesale customers.
(g) Nothing contained herein, absent agreement otherwise by the wholesale
customer, shall affect existing valid and subsisting wholesale contracts by and
between the city and wholesale customers. Any renewal or extension of such
Ordinance -Amend -Waste Water Wholesale 2016 (11-16-16) Page I of
contract, other than renewals and extensions that may be exercised unilaterally by
the wholesale customer, shall provide for the rates prescribed in this section.
SECTION 2. THAT violation of any provision of this Ordinance shall be deemed
a misdemeanor punishable by a fine and in the manner as set forth in Section 1.01.004 of
the City of Lubbock Code of Ordinances.
SECTION 3. THAT should any paragraph, section, clause, phrase or word of this
Ordinance be declared unconstitutional or invalid for any reason, the remainder of the
Ordinance shall not be affected thereby.
SECTION 4. THAT the City Secretary of the City of Lubbock, Texas. is hereby
authorized and directed to cause publication of the descriptive caption of this Ordinance as
an alternative means of publication provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 1st day of December , 2016.
Passed by the City Council on second reading this 15thday of December , 2016.
DANIEL M. PO E, MAYOR
ATTEST:
Re ecca Garza, City Secret y
APPROVED ASLO CONTENT:
L. WogWanklin. P.E., Direc�o ublic Works
r
Au rey A. Spe ,
P. Direc or of Water Utilities
APPROVED AS TO FORM:
ti
Amy s, D t it omey
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