HomeMy WebLinkAboutPO 5499:AMEND SEWER ORDINANCETO:
FROM:
DATE:
RE:
MEMORANDUM
CITY OF PORT ARTHUR
UTILITY OPERATIONS DEPARTMENT
Steve Fitzgibbons, City Manager
Kelly Eldridge, Director of Utility Operations
February 2, 2005
Proposed Ordinance No. 5499
COMMENTS
RECOMMENDATION
I recommend that the City Council approve Proposed Ordinance No. 5499 te amend the Code of
Ordinances Section 110-171. Connecting Fo the property of another and Section 110-172.
Connecting to private sewer, of Division 2. Connections. of Article II1 Sewers, of Chapter 110
UTILITIES.
BACKGROUND
;Fhese sections of Chapter 110 of the Code of Ordinances deal with interconnection of private
sewers, and are largely geared toward residential properties. Certain commercial properties are
developed in phases, with the original property owner/developer designing private infrastructure
to serve several internal tracts that may or may not be sold separately at a later date. Our currem
Ordinance restricts s ewer connections between private properties. While this is desirable for
residential development, it need not be so restrictive for commercial property since this type
development is normally designed to serve the entire property at the time of initial development.
I have condensed both of these sections into one.
BUDGET/FISCAL EFFECT
None.
STAFFING/EMPLOYEE EFFECT
None.
.SUMMARY
I recommend approval of Proposed Ordinance No. 5499 amending the Code of Ordinances
Section 110-171. Connecting to the property of another and Section 110-172. Connecting to
private sewer, of Division 2. Connections, of Article 1II Sewers, of Chapter 110 UTILITIES.
P. O. No. 5499
02/03/05
ORDINANCE NO.
AMENDING SECTION 110-171. (CONNECTING TO T HE
PROPERTY OF ANOTHER) AND SECTION 110-172.
(CONNECTING TO PRIVATE SEWER), OF DIVISION 2.
(CONNECTIONS), OF ARTICLE III (SEWERS), OF
CHAPTER 110 (UTILIT1ES) OF THE CODE OF
ORDINANCES. CITY OF PORT ARTHUR; AND
DECLARING THE EFFECTIVE DATE HEREOF; AND
PROVIDING FOR PUBLICATION.
WHEREAS. the City Council desires to protect the public health by the collection and
treatment of wastewater: and,
WHEREAS, the City Cotmcil has determined that certain commercial developments are
designed with private sanitary sewer infrastructure that is designed to accommodate domestic
sanitary sewer flow from large tracts of commercial property that, in the future, may be divided
and sold as separate properties; and,
WHEREAS, said private wastewater infrastructure is made available by the current
property owner for connection by a subsequent owner of a tract inside this initial development;
WHEREAS, the City Council has determined that certain portions of etllTent Ordinance
cause restrictions on such practice; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
THAT, the City of Port Arthur Code of Ordinances, Section 110-171. Connecting to the
property of another and Section 110-172. Connecting to private sewer, of Division 2.
Connections, of Article III Sewers, of Chapter 110 UTILITIES be amended to read as follows:
"See. 110-171. Connecting to the property of another.
in residential developments, no person shall mn, or cause
to be run, a sewer through from his property, or portion of his
P. O. No. 5499
Page 2 of 3
property, or from any structure thereon, and connect with a sewer
from another person's property, except in some exceptional case.
and where written permission is granted by the owner of such other
property and the Director of Utility Operations.
In commercial developments, where the private sewer
infrastructure has been designed by a Professional Engineer
licensed by the State of Texas to accommodate the appropriate
sanitary sewer flow from both properties, and upon written
agreement between property owners, the Director of Utility
Operations may grant permission to these commercial property
owners to connect their private sewer systems before entering the
City sewer system.
However, in all cases where sewer comes to the City
through one sewer line. the City will terminate service to this line
if either property owner is subject to termination for conditions
covered in this article. In all cases, the connection shall be made
according to the direction o fthe Utility Operations D epartmem.
and only aftra' a written application has been submitted.
Sec. 110-172. Reserved."
THAT, a copy of the caption of the Ordinance be spread upon the Minutes of the City
Council.
THAT, this being an Ordinance which imposes a penalty, fine or forfeiture, its caption
and penalty shall be published at least one (1) time within ten (10) days after final passage hereof
in the official newspaper of the City of Port Arthur, and this Ordinance shall take effect
immediately after the date of publication; and,
READ, ADOPTED AND APPROVED on this the day of
,2005
at a regular meeting of the City Council of the City of Port Arthur, by the following vote:
AYES: Mayor
Councilmembers:
P. O. No. 5499
Page 3 of 3
NOES:
Oscar G, Ortiz
Mayor
ATTEST:
Evangeline Green
City Secretary
APPROVED AS TO FORM:
Mark Sokol69*v (0ch
City Attorney
APPROVED FOR ADMINISTRATION:
Stephen Fitzgibbons
City Manager
elly Eldridg~ ' '~
Director of Utility Operations