HomeMy WebLinkAboutOrdinance - 2014-O0170 - Amending Water Board Of Appeals - 12/18/2014First Reading
December 18, 2014
Item No. 6.4
ORDINANCE NO. 2014-00170
Second Reading
January 8, 2015
Item No. 5.6
AN ORDINANCE AMENDING DIVISION 11 OF ARTICLE 2.03 OF THE
CODE OF ORDINANCES OF THE CITY OF LUBBOCK BY AMENDING THE
SCOPE, JURISDICTION, HEARING, AND AUTHORITY OF THE WATER BOARD
OF APPEALS; 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 of the
City of Lubbock by amending the scope, jurisdiction, hearing, and authority of the water
board of appeals; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. Division 11 of Article 2.03 of the Code of Ordinances, City of
Lubbock, Texas is hereby amended to read as follows:
Division 11. Water Board of Appeals
Sec. 2.03.381 Established
(a) In order to determine the suitability of alternate materials and methods of
construction and to provide for (i) reasonable interpretation of the provisions of
this division and division 3 of article 22.03; (ii) to determine exceptions to the
requirements of section 22.03.133(a) and (b) of article 22.03; (iii) to determine
variances to the requirements of the water use management plan, drought and
emergency contingency plan and water conservation plan, article 22.08; (iv) to
determine variances to the requirements of the average winter consumption and to
determine appeals from the internal administrative appeals, both as provided in
section 22.03.096; and (v) to determine appeals from the internal administrative
appeals as provided in section 22.07.007, 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
and the city manager or his/her designee being a nonvoting ex -officio member.
The membership of the water board of appeals shall include one or more
representatives from the following named areas of expertise:
(1) A licensed irrigator.
(2) A landscape architect.
(3) A representative from the public education system.
(4) A representative from the top one hundred (100) water users from the city
water system.
(5) 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.).
(6) Two (2) citizens of the City of Lubbock.
(b) The Director of Public Works or his/her designee 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 (1) year and four
(4) members shall serve for a term of two (2) years, said terms to be determined
by the city council 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.
Sec. 2.03.382 Scope
The water board of appeals shall, except as provided herein, be subject to the rules
and regulations as adopted by the board of appeals as set forth in division 14 of
this article, regarding the conduct of its investigations, meetings, hearings, and
rendering of all decisions and findings.
See. 2.03.383 Jurisdiction
The water board of appeals shall have the authority and is vested with the
jurisdiction to hear and determine:
(1) Requests for substitution of alternate systems from those provided in this
division and division 3 of article 22.03;
(2) Requests for exceptions to the watering times and/or conditions than those set
forth in section 22.03.133(a) and (b) of article 22.03;
(3) Requests for variances to the requirements of the water use management plan,
drought and emergency contingency plan set forth in section 22.08.084;
(4) Requests for variances to the computation of the average winter consumption
as set forth in section 22.03.096(a); and
(5) Appeals from the internal administrative appeal procedure as set forth in
section 22.03.096(b) and (c).
(6) Appeals from the internal administrative appeal procedure as set forth in
section 22.07.007(1) and (2).
Sec. 2.03.384 Hearings
Application for hearings shall be as follows:
(1) 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 those required by section 22.03.132 or
22.03.133(a) or (b) of article 22.03.
(2) Each applicant for an alternate system to that prescribed by this division or
section 22.03.132 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 and safety
to that prescribed in this section.
(3) Each applicant for exceptions to the watering times and/or conditions to those
prescribed by section 22.03.133(a) and (b) of article 22.03 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 section 22.03.133(a) or (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.
(4) Each applicant for variance to the water use management plan, drought and
emergency contingency plan and water conservation plan, article 22.08, shall,
upon making such application, submit sufficient information and technical data,
as described in section 22.08.084, to the water board of appeals. The water board
of appeals may grant such variance upon findings as described in section
22.08.084, subject to any conditions deemed necessary or advisable by the water
board of appeals.
(5) Each applicant for variance to the computation of the average winter
consumption, section 22.03.085, shall, upon making such application, submit
sufficient information and technical data, as described in section 22.03.096, to the
water board of appeals. The water board of appeals may grant such variance upon
findings as described in section 22.03.096.
(6) Each party appealing the internal administrative appeal prescribed by section
22.03.096(b) and (c) of article 22.03 shall, upon making such appeal, submit to
the water board of appeals sufficient technical and factual data and any other
information to demonstrate that the final decision by the internal administrative
appeal is incorrect or in error.
(7) Each party appealing the internal administrative appeal prescribed by section
22.07.007(1) and (2) of article 22.07 shall, upon making such appeal, submit to
the water board of appeals sufficient technical and factual data and any other
information to demonstrate that the final decision by the internal administrative
appeal is incorrect or in error.
Sec. 2.03.385 Limitation of authority
The water board of appeals shall have no authority relative to interpretation of the
administrative provisions or requirements as set forth in this division and sections
22.03.132, 22.03.133, and 22.07.007, either expressed or by reference, nor, except
as set forth herein, be empowered to waive requirements set forth in the Code of
Ordinances. Notwithstanding the above, the water board of appeals may grant
exceptions to section 22.03.133(a) and/or (b) in the event appropriate findings as
set forth in section 2.03.384(3) we made.
SECTION 2. THAT the Water Volume Charge as set forth in this Ordinance
shall be effective for all billings for such services dated on or after December 1, 2014.
The Water Base Charge currently in effect shall remain in effect.
SECTION 3. THAT should any section, paragraph, 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 4. THAT the City Secretary of the City of Lubbock is hereby
authorized and directed to cause publication of the descriptive caption of this Ordinance
as an alternative method provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this December 18 , 2014.
Passed by the City Council on second reading this]anjjmy t, 9015 13014.
GL UBERTSON, MAYOR
ATTEST:
Reb cca Garza, City Secre
APPROVED AS TO CONTENT:
Michael G. Keenum, P.E., Stormwater Engineer
Ord.Water Appeals Board -2014
11.25.14