Hawk Cove:Ord 07-101

ORDINANCE NO. 07-101

AN ORDINANCE OF THE CITY OF HAWK COVE, TEXAS, ESTABLISHING REGULATIONS GOVERNING THE INSTALLATION AND INSPECTION OF SEWER LINES; ESTABLISHING DEFINITIONS; ESTABLISHING FEES; REQUIRING MAINTENANCE OF LINES; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DAТE.

WHEREAS, the Texas Local Government Code, Chapter 51, provides for municipal ordinances not inconsistent with state law, necessary for the good order of the municipality; and

WHEREAS, the City Council has determined that it is in the best interest of the public health, safety and general welfare of the public to establish sewer regulations setting forth the rights and responsibilities of property owners.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HAWK COVE, TEXAS, THAT:

SECTION 1

That all of the above premises are hereby found to be true and correct and are hereby approved and incorporated into the body of this ordinance as if copied in their entirety.

SECTION 2

The City Council hereby adopts the following ordinance:

"SEWER REGULATIONS”

Section 1.01. Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

"Inspector" shall mean the representative of the City who is specifically assigned to inspect any or all parts of the sanitary sewer system, particularly new subdivision extensions, but who is without authority to revise, alter, or revoke the requirements of the rules, regulations, policies, and procedures of the City or the approved Contract Documents for the job. Such inspection, or lack of inspection, will not relieve the contractor from any obligation to perform the work in accordance with the requirements of the Contract Documents and/or applicable City, County and State Codes

"Off-Site Facilities" shall mean the sanitary sewer mains located outside the boundaries of and not contiguous with the area of development except by point of contact, but that are required in order to join the development to the prior existing system. "On-Site Facilities" is defined as those sanitary sewer mains situated within or surrounded by a single development. Generally, all discussions of facilities will pertain to on-site facilities unless they are specifically denoted to the "off-site" or "boundary" facilities.

"Owner" or "Owners" herein shall refer to the person, firm, corporation or partnership with primary responsibility toward the City to ensure compliance with rules and regulations and the ordinances of the City dealing with subdivision and/or development. The term includes person or persons, firms, corporations, partnerships or agents, attorneys-in-fact, managers or directors. developers, developer's contractors including engineers, builders, planners, etc. Such term as used herein always includes one (1) or more of the above who own all, or any part thereof, the land which is contemplated to be developed.

"Person" as used in this Ordinance shall mean any person, firm, association of persons, or corporation, including a public, private, or municipal corporation.

"Residence", "Single Family Residence", "Single Family Residential Property", "Residential Lot", or "Residential Uses" shall refer to property (a single tract or lot) used solely for residential purposes in any allowable zoning districts.

"Residential Customer" shall refer to customers occupying single family residential or duplex property or an individually metered townhome or condominium unit, for billing purposes.

"Sewer Service" shall mean that portion of the connecting sewer located in the roadway, street, alley or easement between the sewer main and the right-of-way line or property line and shall consist of the service wye, tee, manhole or tapping saddle and the required length of service pipe.

Section 1.02. Sewer Fees

A. Fees, as established by resolution of the City Council, are levied for the review and inspection of sanitary sewer facilities constructed for commercial uses and/or Residential Uses including offsite facilities, but excluding oversize costs.

B. Any Person who installs a sanitary sewer line must have the line inspected by the City's designated Inspector prior to connecting to the City's sewer line and pay all inspection and related fees.

Section 1.03. Duties of Property Owners

It shall be the duty of any persons owning or occupying improved property within the City which can be feasibly connected to the City sewerage system as hereinabove set out, to also connect such property and the improvements thereon with the City water services if the same exist in the street, alley, or other public way or water right-of-way abutting the premises. Such connection with the City sewerage system is hereby declared to be feasible as to any premises abutting any street, alley, or other public way or sewer right-of-way in which any line of the sewerage system of the City sufficient to handle the same exists.

Section 1.04. Installation

A. Owner shall install all sanitary sewer facilities needed to serve the a residential or commercial property or development and shall extend all sanitary sewer mains and appurtenances necessary to connect the residential or commercial property or development with the City's sanitary sewer system, subject to City participation in oversize costs and subject to reimbursement from proceeds of the sanitary sewer main fees established for such purpose, consistent with the provisions of the Subdivision Rules and Regulations, as amended.

B. All sanitary sewer lines and/or facilities shall be installed by a plumber who holds a license issued by the State of Texas pursuant to Chapter 1301 of the Texas Occupations Code, as amended.

C. Location of all sanitary sewer lines and appurtenances thereto necessary to serve all property in the City shall be in accordance with the City and State regulations for sanitary sewer facilities.

D. Construction of all water and sanitary sewer facilities required bythese regulations shall be in accordance with the requirements and specifications the regulations of the Texas Commission on Environmental Quality (TCEQ), National Sanitation Foundation (NSF), Texas Department of Insurance and the Insurance Services Office, which are incorporated herein by reference and made a part hereof.

Section 1.04. Connections for Each Structure

Any and all structures which are used for residential or commercial uses and are not accessory structures related to a primary residential or commercial structure in which no person is dwelling or commercial use is planned or occurring, shall be required to provide a separate connection with the main for each structure. In the event of non non-compliance with this provision, the owner of the structure on the property which is directly connected to the sewer main shall be billed an additional customer charge for each structure that is used for commercial or residential uses in addition to the standard customer rate being assessed for the owner's structure.

Section 1.05. Sanitary Sewer Lines Maintenance

A. Each property owner shall be responsible for maintaining the sanitary sewer service line located on his or her property and located within the street right-of-way or easement up to, and including, the point of connection to the main. This shall include the cleaning, unclogging and/or unstopping of the line due to materials, debris, roots, trash or other items becoming lodged in the line. Where continual problems occur due to the structural failure of the line within the street right-of-way or easement, the City will repair this portion of the service line at the cost set forth by resolution for such repair which shall be assessed on the property owner.

B. Each property owner shall be responsible for maintaining and repairing the private service lines outside of street right-of-way or a public easement on private property. Lines within a service line easement will also be the responsibility of the property owner being served by the line for maintenance and repair.

Section 1.06. Sewer Service generally; lift stations

The City shall provide gravity sewer systems so that residences can be served when constructed at the building lines. Where residences are constructed below street level or with basements requiring sewer service and/or constructed on low lots beyond the building line causing the need for a lift station, such lift station and necessary force main will be the individual responsibility of the property owner. This shall include initial installation costs as well as operation and maintenance costs.

Section 1.07. Tapping of Street Mains; Violations

It shall be unlawful for any plumber or person, other than a contractor employed by the City, to tap any street main or make connections with any street mains. All of such equipment shall be under the exclusive control of the City, and said tap and service shall be paid for by the person ordering the work done before work is commenced, according to fees set forth in the City's ordinance and adopted by the City Council by resolution.

Section 1.08. Penalties for violation.

Any person found in violation of any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a fine not to exceed $2000.00.

SECTION 3

If any section, article, paragraph, sentence, clause, phrase of word in this ordinance or application thereto any person or circumstances is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of this ordinance despite such invalidity, which remaining portions shall remain in full force and effect.

SECTION 4

The fact the present ordinances and regulations of the City of Hawk Cove, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Hawk Cove, Texas, creates an emergency for the immediate preservation of public business, property, health, safety and general welfare of the public that requires that this ordinance shall become effective from and after the date of its passage and it is accordingly so ordained.

CONCLUSION

PASSED, APPROVED, AND ADOPTED THIS 8th DAY OF NOVEMBER 2007.