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HomeMy WebLinkAboutOrdinance No. 05-1617 CITY OF THE COLONY, TEXAS ORDINANCE NO. (f)~-Ilo , 1- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS AMENDING CHAPTER 12 OF THE CITY'S CODE OF ORDINANCES BY ADDING SECTION 12-103A TO PROVIDE REQUIREMENTS FOR THE CONSTRUCTION OF, CONNECTION TO AND/OR MAINTENANCE OF THE CITY'S WATER AND WASTEWATER SYSTEMS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is staff s desire to clarify the requirements for constructing water and wastewater lines, connecting to the City's water and wastewater lines, and maintaining the water and wastewater lines; and WHEREAS, the City Council hereby finds that Section 12-103A of the Code should be added to Chapter 12 to clarify the requirements of connecting, constructing and maintaining water and wastewater lines as provided herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS; SECTION 1. That the Code of Ordinances be, and the same is, hereby amended by adding Section 12-103A, Connection to system, to provide clarification to the requirements of connecting, constructing and maintaining water and wastewater lines to the City's system, which shall read as follows: "Sec. 12-103A. Connection to system. (a) Generally. No person shall tap, connect to, or otherwise extend, a water or wastewater line located within the public right of way in an easement held by the city, or tap or connect to any wastewater line which is owned or maintained by the city. No wastewater connection shall be made to any premises unless such premises are connected to the water system of the city. All connections to the city's water and wastewater system shall be in accordance with the city's rules and regulations. No water or wastewater connection or house lateral shall be covered in the ground before a representative of the city has inspected the connection. (b) Plumbers. Plumbers shall be licensed and obtain a permit before commencing work per the city's rules and regulations. It shall be the duty of any plumber who engages in construction or repair operations on any portion of the water or wastewater system to report promptly to the city: Page 1 76683 (1) Every instance in which he has reason to believe that any person has tampered with, damaged or made unserviceable any meter, meter box, or other equipment belonging to the city; and (2) Every instance in which he has reason to believe that any unauthorized connections have been made by any person for any purpose. Any communication between the plumber and the city required under this subsection shall be privileged, and no action may lie against any plumber for such communication made in good faith. It shall be unlawful for any plumber to leave open for inspection any ditch, trench or other type of excavation on any public right-of-way or public way, unless the excavation is barricaded and lighted in a manner approved by the city. After inspection, the plumber responsible for the excavation shall backfill and securely tamp any such excavation so that the public way shall be safe for vehicular or pedestrian traffic. For the purpose of this subsection a plumber shall in no case be deemed an agent, employee, servant, or independent contractor of the city, and failure to comply with the provision of this subsection shall render such plumber primarily liable for any damage or injury to any person or property that results from such noncompliance. Failure to furnish the notices to the city required in this chapter shall subject the person engaged in the construction or work described to be liable to the city for any damages to the water and/or wastewater system proximately caused by such failure. (c) Construction of wastewater lines, water lines, and connections. The construction of water and wastewater lines and connections thereto shall be as provided in the Ordinances ofthe city. (d) Owner responsible for maintenance of water and wastewater service lines. The City shall not be responsible for the maintenance of any water and wastewater service lines and such maintenance shall be the responsibility and duty of the owner ofthe premises serviced by any such service line. ( e) Compliance with plumbing regulations required. Water and wastewater services shall not be furnished to any premise where the plumbing thereof has not been installed in accordance with the building regulations or any other provisions as provided in the Ordinances of the city. (f) Mandatory wastewater connections. Any owner/occupant of any building or part thereof occupied by people for any purpose, anywhere within the city limits where a public wastewater line capable of receiving gravity flow from said building exists within 100 feet of the lot, tract, or acreage upon which the Page 2 76683 building is situated, shall construct a suitable water closet, and have the same connected to the city's wastewater system in accordance with the city regulating such construction and shall within 30 days after written notice to do so from the city, abate and cease to use any septic tank, dry closet, or privy upon such premIse. The owner or occupant of any such property shall keep and maintain such water closet and all connections in good condition and free from obstruction." SECTION 2. The provisions of this Ordinance are severable. However, in the event this Ordinance or any procedure provided in this Ordinance becomes unlawful, or is declared or determined by a judicial, administrative or legislative authority exercising its jurisdiction to be excessive, unenforceable, void, illegal or otherwise inapplicable, in whole or in part, the remaining and lawful provisions shall be of full force and effect and the City shall promptly promulgate new revised provisions in compliance with the authorities decision or enactment. SECTION 3. All rights and remedies of the City of The Colony, Texas are expressly saved as to any and all violations of the provisions of any other ordinance affecting development and land use which have secured at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances same shall not be affected by this Ordinance but may be prosecuted until final disposition by the court. SECTION 4. This Ordinance shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED y the City Council of the City of The Colony, Texas, this the I LI day of ~, 2005. , , uy\ Page 3 76683