First Reading Second Reading

September 26, 2023 October 10, 2023

Item No. 5. 16 Item No. 5. 16

ORDINANCE NO. 2023- 00119

AN ORDINANCE AMENDING CHAPTER 22 " UTILITIES", ARTICLES 22. 03

WATER GENERALLY", 22. 04 " WASTEWATER SYSTEM", AND 22. 05 " CHARGES FOR
EXTENSION OF WATER AND/ OR SEWER SERVICE" OF THE CODE OF ORDINANCES
OF THE CITY OF LUBBOCK, TEXAS, IN ORDER TO ESTABLISH NEW DEFINITIONS,
DELINEATE SEWER LINE REPAIR AND MAINTENANCE RESPONSIBILITIES, AMEND
THE REGULATION FOR CITY- PARTICIPATION FOR LARGE MAINS, AND REPEAI.
CERTAIN INAPPLICABLE PROVISIONS; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY; AND PROVIDING FOR PUBLICATION.

WHEREAS, the City of Lubbock ( the " City") has need to create definitions for sewer line
in order to distinguish the difference in sewer line type based on location of the lines, amen{
Chapter 22 of the Code of Ordinances of the City of Lubbock ( the " Code") throughout to provid
consistency in terms, and delineate responsibility for repairs and maintenance of those lines; and

WHEREAS, due to ongoing development the City also desires to amend thc
provisions related to City-participation in the cost of large mains in order to help meet the c
demands on the City' s water and sewer system in conformance with the City' s water and
master plans; and

WHEREAS, certain provisions of Chapter 22 of the Code no longer conform to

business practices and therefore the City now desires to repeal those provisions; and

WHERL-'AS, the City Council of the City of Lubbock, Texas deems it in the best inte
of the citizens of Lubbock to make the following amendments to Articles 22. 03, 22. 04, and 22
of the Code for the reasons stated above; NOW THEIZ rORE:

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:

S CTION l. TIIAT Article 22. 03, Section 22. 03. 018 of the Code of Ordinances of
City of Lubbock, Texas, is hereby amended to read as follows:

Sec. 22. 03. 018 Tapping mains.

1' aps on the water main shall be performed by a city- approved utility contractor with a minimi
class C water license as issued by the state. All connections to the city water (distribution) syst
for residential or other usc shall be made in such a way that all watcr received from the city wa
system shall be consumed or discharged into an approved sewage disposal system and shall not
intentionally returned to the cily water system.

SF,CTION 2. " 1' I IA' 1' Article 22. 04, Section 22. 04. 002 of the Code of Ordinances of

City of Lubbock, "1' exas, is hereby amended to incorporate new definitions in alphabetical o
among all definitions in this Scction and to rcad as follows:

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Sec. 22. 04. 002 Definitions

Sanitary sewer lateral line - A privately- owned sewer pipeline that carries wastewater from a ho
or business to the public sanitary sewer main. Private line ownership shall be from the home
the connection at the sewer wye, tee or tapping saddle connection on the sanitary sewer main

Sanitary sewer main -- A public pipe that captures sewer flow from sanitary sewcr laterals frc
homes or businesses. All sewer wyes, tees or tapping saddle connection are considered a part
the public sanitary sewer main.

Sewer wye, tee, or ta pin The connection point of a privately- owned sanitary
saddle —

lateral line to the sanitary sewer main. This is a part of the public sanitary sewer main.

SECTION 3. THAT Article 22. 04, Section 22. 04. 009 of the Code of Ordinances of
City of Lubbock, Texas, is hereby amended to read as follows:

Sec. 22. 04. 009 Sanitary sewer lateral linc maintcnance

a) The customer shall select a city- approved utility contractor to repair sanitary sewer lateral li
connections for residential and commercial land uses. Thc utility contractor shall be register
with the city' s engineering depariment and shall have a current class II collection license with t
Texas Commission on Environmental Quality or be a licensed plumber.

b) " fhe customer shall be responsible for cleaning, clearing, removing obstructions, maintenanc
and operation of the customer' s sanitary sewer lateral line from the home, business, facility,
other point of service, to thc sewer wye, tee or tapping saddle connection at the public sewer mai
1' he customer shall be responsible for the repair and replacement of the customer' s lateral sew

scrvicc linc from the point of service to the to the sewer wye, tee or tapping saddle connection
the public sewer main

c) The customer or the customer' s contractor shall acquire the proper permits and comply wi
all applicable laws, ordinances, and polices for the maintenance, repair and operation of this later
sewer service line. Physical obstructions in the city' s alley right of way, such as landscapin
irrigation systems, fencing. or other such surface or subsurface obstructions may potentially 1
damaged by excavation activity and are prohibited. All repairs and construction of the sew

service line or pavement w•ithin City right of way or alleyways shall be performed in accordan
with all applicable ordinances and the City of Lubbock ngineering Minimum Design Standar
and Specifications.

d) The customer' s utility contractor shall perform the proper one- call notification pursuant
Texas State Utility Code title 5, chapter 251. Such notification requires a 48- hour advance not
before excavation can begin. In addition, prior to excavation, the customer' s utility contrac
shall complete a permit with the City of Lubbock Right of Way department.

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 e) Repairs:

1) Sanitary Sewer Main: The sewer main repair or replacement shall include all fi
sewer wye, tee, or tapping saddle.

2) Sanitary Sewer Lateral Line: When these lines are in need of repair or replacement
and are located:

A) Under paved public streets -" The contractor shall bore the sewer service li
on grade to a bore pit near the City' s sewer main for connection, beginning
the closest curb and moving toward the sanitary sewer main.

B) Alleyways or rights- of-way may be open cut and repaired by the contractor
accordance with all applicable ordinances, state laws and the City of Lubbo
Engineering Minimum Design Standards and Specifications.

3) Emergency Repairs: An emergency repair request is one where the customer does not
have sewer service and the lack of wastewater flows creates a potential health concern.
The City of Lubbock shall respond to emergency repairs if the customer' s utility contractor
determines there is a problem with the connection at the City' s sanitary sewer main, and a
sanitary sewer overflow is imminent or discharging in the residence or place of business.
Once both conditions have been confirmed the utility contractor shall contact the City for
emergency repairs of the City' s main.

4) Repair of an existing sewer wye, tee, or tapping saddle: The City shall be responsible
for replacing the wye, tee, or tapping saddle if it is found to be inoperable or in disrepair.
A contractor of the customer shall not make these repairs. Rather, requests for repair shall

be made directly to the water utility department by the contractor making the sanitary sewer
lateral line repairs.

SLCTION 4. ' TI IAT Article 22. 04, Section 22. 04. 045( a) of the Code of Ordinances of the
City of Lubbock, l'exas, is hereby amended to read as follows:

Sec. 22. 04. 045 Sewer service connections.

a) The customer shall select a city- approved utility contractor to connect lateral sewer connections
for residential and commercial land uses. The utility contractor shall be registered with the city' s
engineering department and shall have a current wastewater collection operator license with the
Texas Commission on Environmental Quality, or be a licensed plumber within the State of Texas.

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 SECTION 5. THAT Article 22. 05, Section 22. 05. 002( e)( 1)( A) of the Code of Ordi

of the City of Lubbock, Texas, is hereby amended to read as follows:

Sec. 22. 05. 002 Rates.

e) The pro rata charge to connect to an existing water and/ or sewer main shall be th
determined pro rata or adjacent main fee, which shall be paid prior to connection to an existin
water or sewer main. The adjacent main fee for a project may be divided into sections as necessar
so that the adjacent main fee for each section is appropriate for the size and the depth of the wate

or sewer line and other improvements installed. Unless otherwise determined by the city engineer
the adjacent main fee will not be assessed on sewer mains and that are installed by the city. Thf
adjacent main fee shall be calculated by:

1) Water:

A) Utilizing the aggregated, city-wide cost per linear foot value for water line siz
6 inch - 12 inch including appurtenances ( which includes a 12% fee for engineerin
testing, inspection, and surveying), which shall be reviewed annually by the ci
engineering staff; then

SECTION 6. ' rxn'1' Article 22. 05, Section 22. 05. 008 of the Code of Ordinances of
City f Lubbock, Texas, is hereby amendcd to read as follows:

Sec. 22. 05. 008 Cost of large mains may be partially paid by city.

When the water or sewcr master plan or other City standards require the extension of a main large
than ihe need to adequatcly serve the property or development, the City may participate in ths
cost of any required upsi7ing, additional depth, or both. Such costs shall be determined as set fortr
in Section 22. 05. 015 of this Code. Water mains larger than eight ( 8) inches in diameter and sewe3
mains larger than eight ( 8) inches in diameter and/ or mains required to be buried at a depth o;

greater than twelve ( 12) feet, with the approval of the city council.
City participation shall be ir
the form of reimburscment to the developer upon the City' s acceptance of the infrastructure.

SECTION 7. " 1' HA"1' Ariicle 22. 05, Sections 22. 05. 010( a)( 2), ( 3)( B), and ( c) of the Code

of Ordinances of the City of Lubbock, Texas, are hereby amended to read as follows:

Sec. 22. 05. 010 lleveloper installation.

a) Installation by dcvelopers b privatc contract.

2) Plans and proiiles submittcd by the developer' s engineer shall be inkcd on stan
sheets as per city standard. All known existing or subsurface utility lines and obstruct
shall be shown. Upon, and along with, submission of preliminary plans for enginee
review by the city, the dcveloper will submit an engineering estimate utilizing the pro
values currently as outlined in scction 22. 05. 015 to cover the costs of watcr and/ or san:

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 sewer main construction and then deposit with the engineering department a minimum o
fifty dollars ($ 50. 00) or one- half of one percent ( 0. 5%), whichever is greater, for water linf
construction, and minimum of fifty dollars ($ 50.00) or one- half of one percent ( 0. 5°/ 0)

whichever is grcater, for sanitary sewer main construction to cover the cost of plan reviev
by the city personnel.

Construction shall be defined to include the value of materials and labor to install these
materials, in accordance with section 22.05. 015, necessary to complete the proposed water
and/ or sewer improvements. The engineer preparing the plans and profiles must be a
licensed or registercd professional engineer in the state, and he must affx his seal an l
signature to all plans and profiles submitted for construction. In the instance that plans are
submitted for re- review containing substantial changes and/ or alterations, an additional
review fee of
fifty dollars ($ 50. 00) or one- half of one percent ( 0. 5%), whichever is greater,
for water line and sewcr line construction will be assessed.

3) Inspection fees.

B) Sanitary sewer main construction.

Upon preliminary approval and before any construction can begin on a sanitary
sewer main, a fee of one hundred twenty- five dollars ($ 125. 00) or one and one- half

percent ( 1. 5°/ 0) of the estimated cost of construction, whichever is greater, will bc

depositcd with the engineering department, and placed in the sewer pro rata fund,
to cover the cost of sanitary sewer main inspection by city personnel. The cost oi
any construction required to be accomplished by city crews will be in addition ta
the above fecs ( see subsection ( a)( 8)).

c) In an effort to preserve the integrity of utility lines and paved alleyways, the developer shal
provide the necessary sewcr and water services to the property line to serve all lots within tha
particular subdivision on new construction, and that do not abut any existing water and/ or sewe
mains. Where a new subdivision abuts or is adjacent to existing water andlor sewer mains the cit:
will make a per lot basis according to prices included herein.

In the event the developer chooses to make water and sewer service connections to propert
adjacent to the developer' s property and which is owned by another party, the cost of those service
shall be paid by the developer and included as part of thc rcfund contract based on the unit price
included herein and estimates made by the engineering department. All refunds will be made i
accordance with section 22. 05. 013.

All water and sewer service connections are to be constructed to the city design standards and
specifications for water and sewer, as same may bc amended from time to time. All water and
sewer service connections made, with the exception of distribution connections and new

construction, will be made solely by a city- approved contractor. On new construction, the
developer will be required to install wyes, tees or tapping saddles for sewcr connections and
extended to the property line.

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 S CTION 8. THAT Article 22. 5, Section 22. 05. 012 of the Code of Ordinances of

City of Lubbock, Texas, is hereby repealed in its cntirety and amended to rcad as follows:

Sec. 22. 05. 012 ( Rescrved).

SECTION 9. THAT Article 22. 05, Section 22. 05. 015 of the Code of Ordinances of

City of Lubbock, Texas, is hereby amended to read as follows:

Sec. 22. 05. 015 Unit prices used in calculating costs of water and sanitary sewer ma
extensions.

A unit price list shall be developed and maintained by the city enginecr. The unit price list shall b
reviewed and adjusted annually to document current priccs and costs for water and sanitary sewe
mains, appurtenances and related construction labor and shall be considered by the city counci
annually in conjunction with the city' s operating budget, for the purpose of determining the tota
cost of the extension as provided for in this article. The unit price list shall be used in calculatin
construction costs for the total cost of the extension for water and/ or sanitary sewer mains anc
appurtenances.

SECTION 10. TIIAT Article 22. 05, Section 22. 05. 018 of the Code of Ordinances of
City of Lubbock, Texas, is hereby amended to read as follows:

Sec. 22. 05. 018 Payments by owncrs in denscly populated and other affected area
Gencrally.

Where the city council finds that in densely populated areas and in specific locations, due to t]
absence of water and/ or sewer service, the public welfare would be best served by making wat
or sanitary sewer main extension at its own cost, and after due investigation and consideration,
order to avoid and eliminate extremely unhealthy conditions which are contributing factors
epidemics or to accomplish any other valid public purpose, and where money is available for suc
purposes, it is the express policy of the city council, when expressed by its resolution, to exter
water and sanitary sewer mains into these densely populated or other affected areas without
deposit being required from the property owner.

SECTION 11. TIIA1' Article 22. 05, Section 22. 05. 019 of the Code of Ordinances of
City of Lubbock, Texas, is hcreby amended to read as follows:

Sec. 22.05.019 Same—Deferred payments.

a) When the owner of a single- family dwelling, the area of which does not exceed one acre, an+
such owner has not secured a water and/ or sanitary sewer main extension under this provisio
within the next preceding twelve- month period, has duly requested, in writing and on form
provided by the director of water utilities, to make water and/ or sanitary sewer main extension
abutting the tract of land described in the application, and said parcel of land is connected witl
city water service or is to be connected with such service upon the completion of the requeste

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extension, the director of water utilities is authorized to determine the applicable pro rata
to be made for such extension, and to provide the extension:

1) When the owner applicant of said parcel of land has paid to the city a minimum
payment of fifteen ( 15) percent of the total pro rata charge; and

2) When the owner of said parcel of land shall have executed a contract with the cit}
creating a valid lien against the parcel of land described in the application, to securf
payment of the deferred part of the pro rata charge within thirty- six ( 36) months, wit
minimum monthly payments of ten dollars ($ 10. 00) each, the annual unpaid balance tc

bear six-percent interest, and further providing for accelerated maturity with customar
provisions applicable to default in payments; and further providing that the wate
department is authorized to discontinue water service to the described parcel of land anc
any premises thereon located, if, for any reason, the water service bill and/ or any deferrec
pro rata charge payment is not paid when due; said contract to contain such other provision:
as the city manager may deem expedient and in the public interest. The city manager i:
further authorized to prescribe and approve the form of application herein provided for
and the form of contract required and such other instruments and requirements as may be
deemed necessary or expedient in making the provisions of this section adequatel}
effective.

b) When the owner/ occupant of a single- family dwelling, the area of which does not exceed one
acre, and such owner has not securcd an extension under this provision within the next preceding
twelve- month period, has duly requested in writing, on forms provided by the director of water
utilities, to make water and/ or sanitary sewer main extensions abutting the tract of land described
in the application, and such parcel of land is connected with city water or sewer service or is to be
connected with such service upon the completion of the requested extension, the director of water

utilities is authorized to determine the applicable pro rata paymcnt to be madc for such extension
and to provide the extension:

1) When the owner/ occupant establishes to the satisfaction of the director of water utilities
that the owner/ occupant has an income that does not exceed the amount listed for an

equivalent family of very low income on the table for Lubbock, Texas, prepared and
distributed annually by the U.S. Department of Housing and Urban Development; and

2) When the owner of said parcel of land has paid to the city a minimum initial payment
of five ( 5) percent of the total pro rata charge; and

3) When the owner of such parcel of land shall havic executed a contract with the city
creating a valid lien against the parcel of land described in the application, to secure
payment of the deferred part of the pro rata charge within sixty ( 60) months, by means of
equal monthly payments with the annual unpaid balancc to bear six-percent interest, and
further providing for accelerated maturity with customary provisions applicable to default
in payments; and further provided that the water department is authorized to discontinue
water service to the described parcel of any land and any premises thereon located, if, for
any reason, the water service bill and/ or any deferred pro rata charge payment is not paid

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 when due; such contract to contain such other provisions as the city manager may dee
expedient and in the public interest. `The city manager is further authorized to prescribe a
approve the form of application herein provided for, and the form of contract required ai
such other instruments and requirements as may be deemed necessary or expedient
making the provisions of this section adequately effective.

SECTION 12. THAT Article 22. 05, Section 22. 05. 020&( 1)( A) of the Code of Ord

of the City of Lubbock, Texas, is hereby amended to read as follows:

Sec. 22. 05. 020 Sanitary sewer main extension without water service; defcrred pro ra
charge.

If a property owner does not have city water service or does not propose to have city water servi
but said property owner desires said city sewer service, then in that event if such property owr
is otherwise entitled to a sanitary sewer main extension under this code, then such property owr
may secure sewer service ( without city water service) upon the election of said property owner
pay the pro rata sewer charge properly chargeable to said property as a deferred pro rata sevr
rental charge with the acceptance and approval of such election by the city council upon t
following terms and conditions:

1) Such property owner applicant for sanitary sewer main extension shall agree as follows:

A) Applicant shall pay fifteen ( 15) percent of the sewer pro rata charge with the executioz
of this agreement and shall pay the balance as a deferred pro rata sewer rental charge i
equal payments of not less than ten dollars ($ 10. 00) per month spread over a period of no

to exceed thirty- six ( 36) months, each payment being due and payable on the first day o
each succeeding month hereafter until the balance, and interest, if any, is fully paid, th+
annual unpaid balance to bear interest at the rate of six ( 6) percent per annum until full!
paid. Upon failure of applicant to make any such payment as and when same shall becom
due, it shall, at the option of the city without noticc, mature the indebtedness createc
hereby; and it shall become at once due and payable as to the balance duc to the city, plu;
a reasonably attorney' s fee if collection is enforced by or placed in the hands of an attorne!
for collection or enforcement. In the event of such default in payment by applicant, the cit
and/ or its agents, servants or employccs are hereby authorized, without notice to applican
and applicant expressly waives notice), to disconnect the sewer extension servin

applicant' s parcel of land and thereafter city shall be under no duty to furnish sewer scrvia
to applicant' s parcel of land until applicant has paid all moneys due to the city as well a;
the cost of disconnection and reconnection to the city sewer system as estimated andlo
determined by the director of water utilities. Applicant agrees to at all times defend
indemnify and otherwise hold the city, its agents, servants and employees harmless of anc
from any and all claims, demands, actions, causcs of action, suits at law and in equity anc
costs of whatsoever kind or nature which may grow out of or relate to or in any manner b+
connected with the making and carrying out of this agreement including but not limited tc
the construction, reconstruction, maintenance, disconnection, connection andlo

reconnection of the sanitary sewcr main extension to applicant' s parcel of land. Payment:

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 made pursuant to this agreement shall be made in addition to any uniform sewer
which may be imposed or assessed by the city against property owners in the city.

SECTION 13. THAT should any paragraph, section, clause, phrase or word of this
Ordinance be declared unconstitutional or invalid for any reason, the remainder of the Ordi
shall not be affected thereby.

SECTION 14.
THA' I' a violation of any provision of this Ordinance shall be deemed ;
misdemeanor punishable in accordance with state law and Section 1. 01. 004 of the Code o
Ordinances of the City of Lubbock.

SECTION 15.
THA'I' the City Secretary of the City of Lubbock, Texas, is here
authorized and directed to cause publication of the descriptive caption of this Ordinance as
alternative means of publication provided by law.

AND IT IS SO ORDERED.

Passed Council iirst reading 26th of September , 2023.

by the City on this day

Passed by the City Council on second reading this lOth day of October , 2023.

1' RAY Y :, OR

AT FST:

Courtney Paz, City Secr y

APPROVED AS TO CONT}; N"r:

Erik Rejino, Assistant City Manager

APPROVED AS TO FORM:

lli Leisure, Senior Assistant City Attorney

cedocsll OrdAmend_ 2023 Ch 22 Amendments

7. 11. 23

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