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Home My WebLink AboutORD 1257 - ORD Relating to Relocated Water & Sewer Utility Lines ,53 Il ! I I i , I I I I. \ ORDINANCE NUMBER 1257 AN ORDINANCE RELATING TO RELOCATED WATER AND SEWER UTILITY LINES; CONTAINING PROVISIONS RELATING TO CONNECTIONS TO, AND , SERVICE FROM, SUCH LINES; AMENDING THE CODE OF ORDINANCES;' AND CONTAINING aTHER'PROVISIONS RELATING TO THE SUBJECT. WHEREAS, the City has conducted extensive investigations into the condition of the City's water'andsewer lines; and WHEREAS, the overwhelming weight of'information received by the City Council indicates that many of these lines are damaged, worn out, inaccessible or otherwise substandard; and WHEREAS, to correct the problems with the substandard lines will require that many of the lines be replaced with new lines, which, in turn, will require that the various house lines be disconnected from the old lines and reconnected to th~ relncatednewJines; and WHEREAS, the City Council desires tn establish standards and procedures with respect to such relocated water and sewer lines prior to beginning such relocation projects; (-, , I I ' , ( I I I NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That the Code of Ordinances, City of West University Place, Texas" is hereby? amended'b}r'adding a section, to be numbered 23-8, which said; se:ction<readsas'follows: -. -" ~ ",". t \ Sec. 23-8. ULil iLy Rt:lu....C1LiulI P'ujt::....L:. fa)' As used In::this:'section, "relocated line" means a water line. or sewer line installed as a replacement for a previously-existing' City line, thereby requiring di sco'nnection,and. reconnect ton o:f the. house 1 i ne of an existing cus tome r .j' c,' ., , _ (b) It shall be the duty of each person who owns , " property des i gnated by the' di rector' to,'be':served by a relocated line to disconnect any house line serving such property from the previously-existingline.and reconnect the ,property:to :thereol-dc:ated'line, or to cause the same to be done, on or before the latest of the fOllowing. 11 i \ L) t"l · :,:( i) " a date: .ceTtain, if any, state.din a Ij "notlce' :addressed to such property owner, as .contemplated by this se.ctton; ; ( .! " .JlIIlllTfl!TTllTrlr-r-~- 1L.1IE!:If '~-T~-. .., I I I '".:54 '", (iii) a'special date, if any, for the completion of such work specified by moti on duly. adopted by the' Ci ty Counci 1 following'ahearing as contemplated by this section. Such special date must be applied for in writing by the property owner prior to the later of the dates in (i) and (ii) above. ,- , fi ; I I '-.-/ (i i) the 90th day following the eff~ctive date of such notice; or (c) If a property owner does not desire to receive water service from the City, such owner may so notify the di rector' in' writi ng. The noti ce must identify the property involved. Such a notice, if given, shall be an affirmative defense' in any proceeding to enforce this section. (d) Prior to discontinuing service from any previously-existing line replaced by a relocated line, the City shall notify any customer then served by the line of the proposal to discontinue service and provide to such customer'the opportunity to appear before the City Council and offer evidence as to why the service should not be discontinued. At any such hearing, the following issues shall be addressed. (i) whether a relocated line can provide substitute service to such customer; and 'I ) I I , I '--..l (ii) , whether the customer has been alloweTI a reasonable time to make a connection to the relocated line or to make arrangements for the same to be done. (e) Notices under this section may be given by mail, by hand delivery or by any other means reasonably calculated to give notice to the addressee of the notice. Notices are effective upon receipt, although it shall be a rebuttable presumption that a notice deposited in a U.S. Postal Service mail receptacle, properly addressed with postage prepaid, is received on or before the'~fifth day following such deposit. Section 2. If any word', phrase, clause, sentence, paragraph, , section or other part of this ordinance or the application thereof to any person or circumstance, shall ever be held to be invalid or - unconstitutional by any court of competent jurisdiction, the remainder of this ordinance and the application of such word, phrase, clause, :1 sentence, paragraph, section or other part of this ordinance to any I I otherp~rSons or circumstances shall not be affected thereby. i~ 55 Section 3. All ordinances and}p~rts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 4. The City Council officially finds, determines and declares -that a sufficient written notice of the date, hour, place and subject of each meeting at which this ordinance was discussed, considered or acted upon was given in the manner required by the Open Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended, and that each such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The Ci ty Council rati fi es, approves~nd confirms such notices and the contents and posting thereof. , Section 5. This ordinance takes effect on the tenth day following its publication, as required by Section 2~12 of the City Charter. , I PASSED AND APPROVED ON FIRST READING this 10th day of MARCH , 1986. Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: Mayor Parks, Councilmembers Higl ey, Schwartzel None Councilmembers Bryan, Cummings PASSED' AND APPROVED ON SECOND AND FINAL READING this 24th day of MARCH , 1986. Councilmembers Voting Aye: Councilmembers Voting No: 'Cou nc i 1 members Absent:::" Mayor Parks, Councilmembers Schwartzel,Cummings None Council members Hi gl ey, ~ Bryan Michael'L Ra;rks"Mayor ,1. : I ATTEST: " J Audrey Nichols, City Secretary (SEAL) APPROVED AS TO FORM: 11 I I 1 '-----' James L. Dougherty, Jr., City Attorney L---'----'__~~_..~_--"-"~I.u._._~___ _.u::::liLI' ~l..ir.1Jli1J.lllHlJll.I: