(a)
City water system.
Distribution system.
Independent public water systems.
Public water system.
Sanitary control.
Definitions.
For the purposes of this section, the following
definitions shall apply:
All property and easements owned and controlled by the city,
beginning with its lakes, well fields, raw water transmission lines,
water treatment plants and potable water production and transmission
facilities, and continuing through and including pump stations, storage
devices, water supply, mains and related system and the organization
used by the city in furnishing an adequate supply of water to the
inhabitants of the city and vicinity, and ending at the respective
city-owned water meters.
The city water system shall, without limiting the generality of the forgoing definition, include potable water delivery infrastructure and easements after such infrastructure has been designed, constructed, inspected and approved in accordance with the Lubbock Water Utilities Design Standards and Specifications for Water and Sewer, as may be amended from time to time, and accepted by the city, as per the terms of section 22.05.011 of this code.
The system of pipelines, pump stations and storage devices
that deliver treated water to homes and businesses throughout the
corporate limits of the City of Lubbock beginning with the completion
of water treatment and then continuing throughout the system of pipelines,
pump stations and storage devices and then ending at the termination
point of public easement and the customer water meter.
Water systems outside of the public easement and downstream
of the service meter that:
A public water system as defined in title 30, section 290.38(47)
of the Texas Administrative Code, as same may be amended from time
to time.
The responsibility to manage, maintain, and monitor the water
quality of a water system or portion of a water system in accordance
with Texas Commission on Environmental Quality (TCEQ) regulations
defined as being “subject to bacteriological and chemical monitoring,
plumbing restrictions and inspections.”
(b)
City water system responsibilities.
(1)
The city shall construct, manage, control, operate, maintain and
monitor the city water system, including the quality of the water
delivered thereby, in accordance with the regulations relating and
applicable to public water supplies and systems as promulgated by
the Texas Commission on Environmental Quality (TCEQ), or successor
agency thereto. The city shall obtain the utility easements and permits
necessary to enable reasonable access by the city for the construction,
management, control, operation, maintenance, and monitoring of the
city water system. The city’s responsibility to manage, control,
operate, maintain or monitor the water quality, as provided herein,
terminates at the end or termination of the city water system.
(2)
The city has a responsibility to maintain sanitary control only in
areas of the city’s designated and approved water supply distribution
system. The city’s water utilities department manages, maintains,
and monitors the water quality within the distribution system within
the city’s incorporated area.
(3)
The city’s sanitary control of the water system terminates
where the public easement ends and private property begins which is
typically at the water meter or service tap. The city’s building
inspection department does not inspect water system facilities for
compliance with state water code or for compliance with TCEQ water
quality requirements.
(4)
Neither the city’s building inspection department nor the water
utilities department manages, maintains, or monitors the water quality
of independent public water systems within the city’s incorporated
area.
(c)
Independent public water system requirements.
(1)
The management, maintenance, operation and monitoring of the water
quality and all other aspects of operation of an independent public
water system, including without limitation, compliance with all laws,
statutes, regulations, rules and orders pertaining to such water systems,
shall be the sole responsibility of the owner and operator, if operated
by a party other than owner, of such independent public water system.
(2)
The owner and operator, if operated by a party other than owner,
of an independent public water system, initiating the purchase of
water from the city after January 1, 2009, shall enter into a contract
for water service providing, among other things, designation of the
responsibility and sanitary control of such public water system to
the owner and operator of such public water system, in accordance
with the terms of this section, prior to connection to the city’s
water system.
(3)
All existing independent water systems must have submitted by January
1, 2009 documentation and easements for acceptance as a new subdivision
of the city or they will be considered an independent water system
and will be required to sign a water supply contract that designates
sanitary control responsibility. Failure to comply may result in the
termination of water service, and shall be deemed a violation of this
section.
(d)
Acceptance of water systems into city’s water system.
(1)
The city will include all water systems as part of the distribution
system after the water system has been designed, constructed, inspected,
tested, and approved in accordance with the Lubbock Water Utilities
Design Standards and Specifications for Water and Sewer and accepted
as a new subdivision within the city.
(2)
The owner, and operator, if operated by a party other than the owner,
of an independent public water system may on or before January 1,
2009, submit such system to the city for ownership and inclusion within
the city’s water system, so long as: (A) such public water system
has been designed and constructed in accordance with the city water
utilities design standards and specifications for water and sewer;
and (B) the owner, and operator, if operated by a party other than
the owner, submits evidence and other materials as may be required
by the city to demonstrate that such public water system complies
with all provisions of title 30 of the Texas Administrative Code relating
to public water systems and/or the supply or provision of potable
water, in which case the city may accept such system into the city’s
water system. In the event that the city elects to accept such public
water system into the city water system, and as a condition to such
city acceptance, the owner of such public water system shall: (A)
grant and convey to the city any and all easements, as determined
necessary by the city, for or related to management, operation, maintenance
and monitoring of such water system; and (B) execute and deliver any
and all documents and provide such assistance and cooperation to the
city and to the TCEQ, to the extent necessary or advisable to effectuate
the transfer of the applicable certificate of convenience and necessity
to the city. The acceptance or refusal to accept such public water
system by the city is at the sole election of the city council of
the city. The acceptance by the city of such public water system into
the city water system shall be effective upon the latest to occur
of: (A) approval of the city council of such acceptance; and (B) approval
of the transfer of the certificate of convenience and necessity by
the TCEQ, or successor agency. Nothing contained herein shall be construed
to obligate the city to accept such public water system.
(e)
Nothing contained in this section shall be construed to relieve or limit the responsibility of any customer of the city to comply with all other requirements related to connection to the city water system, including without limitation, requirements related to backflow and/or cross-connection protections, as provided by this chapter and chapter 28 of this code.
(f)
This section is considered necessary for the health and safety of
the citizens of the city in order to eliminate health hazards and
in order to help safeguard water supplies for all residents and businesses
within the city. In order to comply with water supply regulations
of the State of Texas, responsibility for sanitary control must be
designated. This section is designed to implement the regulations
of the state and require the designation of sanitary control by means
of a service contract.
(Ordinance 444, sec. 1, adopted 6/27/1929; 1959 Code, sec. 34-16; 1983 Code, sec. 28-16; Ordinance
2008-O0074, sec. 1, adopted 9/25/2008; Ordinance 2010-O0049, sec. 2, adopted 6/24/2010)
All of the provisions of this division shall be deemed to be
incorporated in every contract between the water department and its
consumers, and each consumer shall be charged with department, to
have assented to the provisions hereof.
(Ordinance 444, sec. 32, adopted 6/27/1929; 1959 Code, sec. 34-50; 1983 Code, sec. 28-17)
(a)
All water furnished by the water department to its consumers shall
be measured by meters. The type, ownership, control and maintenance
of all meters used to measure water use shall be determined by the
city. The water department shall keep all meters owned by it in good
repair. All meters installed after March 27, 1980, shall be the property
of and maintained by the city. The consumer shall determine the appropriate
size of meter necessary and required to meet its specific service
needs and the consumer shall request that the city install the meter
for the service.
(b)
The one (1) inch tap and meter size is hereby established as the
minimum size for all new services requested, in order to ensure adequate
water service and water volume. All new development will conform to
the minimum size meter. Customers with three quarter (3/4) inch tap
and meter service prior to the effective date of this section shall
have the choice to remain with the smaller tap and meter or to install
the minimum size one (1) inch tap and meter by paying the approved
fees for that service.
(c)
The chief water engineer shall ensure that the tap size for each
service is equal to or greater than the meter size. City policy shall
require the consumer to obtain written certification from a plumber
or a professional engineer, either of whom shall be licensed in the
state, that the reduction in meter size will not impact water service
due to a reduction in water pressure or volume. The city will not
reduce the size of a meter below the one (1) inch minimum unless the
customer has provided the certification required above, and met any
other requirements to ensure adequate water service that may be established
by the city manager or his designee.
(d)
In cases where it is impractical or impossible to meter the water
for a limited use or special event or occasion, a charge not based
upon the use of water as measured by a meter may be approved by the
city manager or his designee, and the charge shall be determined based
upon existing water rates and the estimated volume of water use.
(Ordinance 444, sec. 2, adopted 6/27/1929; 1959 Code, sec. 34-17; 1983 Code, sec. 28-18; Ordinance
2010-O0049, sec. 3, adopted 6/24/2010)
It shall be unlawful for any person to tamper with any fire
hydrant for the purpose of taking water therefrom, except:
(1)
As otherwise provided in this code; and
(2)
A person engaged in construction work for the city may be granted
a special permit from the director of water utilities to use water
from a city fire hydrant for such construction.
(Ordinance 444, sec. 2, adopted 6/27/1929; 1959 Code, sec. 34-18; 1983 Code, sec. 28-19; Ordinance
9411, sec. 5, adopted 2/14/1991)
It shall be unlawful for any person, except a member of the
fire department or employee of the city, to open or use water from
a fire hydrant, or to take off the cap except as otherwise provided
in this code.
(Ordinance 444, sec. 22, adopted 6/27/1929; 1959 Code, sec. 34-43; 1983 Code, sec. 28-39)
All meters installed after the enactment of this section shall
be the property of the city, and will be maintained by the city.
(Ordinance 444, sec. 3, adopted 6/27/1929; 1959 Code, sec. 34-19; Ordinance 8017, sec. 1, adopted 3/27/1980; 1983 Code, sec. 28-20; Ordinance 2010-O0049, sec. 4, adopted 6/24/2010)
The director of water utilities and employees of the water department
shall have access at all reasonable hours to all premises supplied
with water for the purpose of seeing that the terms of this code applicable
to water and wastewater usage are being observed, and refusal by any
consumer shall result in refusal of water supply from the city water
system until such permission is granted.
(Ordinance 348, sec. 11, adopted 8/5/1926; Ordinance 444, sec. 13, adopted 6/27/1929; 1959 Code, secs. 34-21, 34-33; 1983 Code, sec. 28-22; Ordinance 9411, sec. 5, adopted 2/14/1991)
Any person desiring to have his premises connected with the
water supply of the city shall make application to the director of
water utilities on the form prescribed by him, which application shall
contain the name and description of the lot, block and addition and
official house number of the premises on which water is desired, the
purpose for which water is to be used and the number of sinks and
hose bibs, water closets and faucets on the premises to be connected
with the water supply. The application shall also contain a provision
that the signer thereof accepts and acknowledges, all and singular,
the terms and provisions of the charter of the city, ordinances, resolutions
and motions passed by the city and all rules and regulations fixed
and prescribed by the city, now in effect, or which may be hereafter
passed, which concern or relate to the management, operation and protection
of the city water system.
(Ordinance 348, sec. 5, adopted 8/5/1926; 1959 Code, sec. 34-24; Ordinance 3507, sec. 1, adopted 9/14/1961; 1983 Code, sec. 28-25; Ordinance 9411, sec. 5, adopted 2/14/1991)
Any consumer desiring to discontinue the use of water and to
eliminate all liability for the continued consumption of water or
use of other services, shall give notice in writing to the business
office of Lubbock Power and Light on or before the date on which he
will discontinue to use the same. Notice for the discontinuance of
service by any other means will be addressed in accordance with the
established policy and normal business practice of the water utility.
(Ordinance 348, sec. 9, adopted 8/5/1926; 1959 Code, sec. 34-27; 1983 Code, sec. 28-29; Ordinance
2010-O0049, sec. 9, adopted 6/24/2010)
All property owners, their agents and tenants shall be held
responsible as consumers for loss of water, due to leakage in pipe
or plumbing inside the discharge side of the meter or on the property,
and if this water is not paid for according to the rates then in effect,
when it becomes due, the water shall be cut off and not turned on
again until all claims are paid or adjusted to the satisfaction of
the water department. In the event of any change in tenant or consumers,
in rented property, and there exists, at the time, arrearages for
past leakage, the landlord and property owner shall be held to account
for payment for this leakage before service will be extended and water
furnished to the second tenant.
(Ordinance 444, sec. 8, adopted 6/27/1929; 1959 Code, sec. 34-28; 1983 Code, sec. 28-30)
No consumer shall supply water to other persons or to other
families or suffer them to take it, except for use on the premises,
without the permission of the water department. Provided, however,
water service may be supplied to townhouses and condominiums as set
forth in this article.
(Ordinance 444, sec. 10, adopted 6/27/1929; 1959 Code, sec. 34-30; Ordinance 5694, sec. 1, adopted 7/24/1969; 1983 Code, sec. 28-31)
The water department reserves the right to make all repairs
and renewals of service pipes from main line to meter, and it shall
be unlawful for any other person to repair or renew service pipes
from main line to meter.
(Ordinance 444, sec. 14, adopted 6/27/1929; 1959 Code, sec. 34-34; 1983 Code, sec. 28-32)
|
Editor’s note–Former section 22.03.013
pertaining to checkvalves on steam boiler service pipes and deriving
from Ordinance 444, sec. 15, adopted 6/27/1929; 1959 Code, sec. 34-35;
1983 Code, sec. 28-33; and Ordinance 9411, sec. 6, adopted 2/14/1991
was deleted in its entirety by Ordinance 2010-O0049, sec. 10, adopted
6/24/2010.
|
All buildings used as flats or apartment houses shall be required
to provide a separate connection with the water main and a separate
meter for each apartment and, upon noncompliance with this provision,
the water department shall cut off the supply for the entire building
or any portion thereof deemed proper; provided further, however, that
any buildings used as flats or apartments which contain more than
four (4) separate flats or apartments may upon request of the owner
be served through one meter, such water to be paid for by the owner
in accordance with the rates in effect.
(Ordinance 444, sec. 16, adopted 6/27/1929; 1959 Code, sec. 34-36; 1983 Code, sec. 28-34)
|
Editor’s note–Former section 22.03.015
pertaining to connections to townhouses and condominiums and deriving
from 1959 Code, sec. 34-36; Ordinance 5694, sec. 1, adopted 7/24/1969;
and 1983 Code, sec. 28-35 was deleted in its entirety by Ordinance
2010-O0049, sec. 11, adopted 6/24/2010.
|
Should any consumer feel that his water meter is registering
improperly, he shall make request in writing to the water department
to have his meter tested. The same shall be tested as quickly as possible
and if there is as much as a two (2) percent error in the registering
of a meter one inch or less, or an error of three (3) percent in a
meter larger than one inch, there shall be no charge for testing,
but in case there is not such an error, then the consumer shall pay
fifteen dollars ($15.00) for the test.
(Ordinance 444, sec. 17, adopted 6/27/1929; 1959 Code, sec. 34-37; 1983 Code, sec. 28-36)
The right is reserved by the water department to temporarily
discontinue and to reconnect without notice the water supply to all
consumers for the purpose of making repairs, connections, extensions
and cleaning of mains, machinery, reservoir or any part of the city
water system.
(Ordinance 444, sec. 19, adopted 6/27/1929; 1959 Code, sec. 34-40; 1983 Code, sec. 28-37)
Taps on the water main shall be performed by a city-approved
utility contractor with a minimum class C water license as issued
by the state. All connections to the city water (distribution) system
for residential or other use shall be made in such a way that all
water received from the city water system shall be consumed or discharged
into an approved sewage disposal system and shall not be intentionally
returned to the city water system.
(Ordinance 444, sec. 20, adopted 6/27/1929; 1959 Code, sec. 34-41; 1983 Code, sec. 28-38; Ordinance
9802, sec. 1, adopted 5/11/1995; Ordinance 2021-O0168 adopted 12/14/2021; Ordinance
2023-O0119 adopted 10/10/2023)
It shall be unlawful for any person, individually or in association
with others, wilfully to break, injure or tamper with any part of
the water system of the city for any purpose whatsoever, or in any
other manner maliciously to interfere with or prevent the running
and operation of such system and the water supply therein.
(Ordinance 444, sec. 26, adopted 6/27/1929; 1959 Code, sec. 34-44; 1983 Code, sec. 28-40)
All elevated tanks located on roofs of buildings for water distribution
below may be constructed with one connection directly between the
mains and such tank, but no other connection shall be made on such
line to the tank, and a checkvalve shall be placed on the service
to the tank as near the entrance of the building as possible.
(Ordinance 444, sec. 25, adopted 6/27/1929; 1959 Code, sec. 34-46; 1983 Code, sec. 28-41)
Any person who retains possession of or refuses to deliver any
meter or other appliance loaned to him by the water department for
the purpose of furnishing water through same, with intent to defraud
the water department, shall be guilty of a misdemeanor.
(Ordinance 444, sec. 27, adopted 6/27/1929; 1959 Code, sec. 34-48; 1983 Code, sec. 28-42)
(a)
Any person who intentionally, by any means or device, prevents water from passing through any meter belonging to the water department or used in connection with the supply of water to any consumer by the water department to register the amount of department water passing through meters, or intentionally prevents a meter from duly registering the quantity of water supplied, or in any way interferes with its proper action or just registration or without the consent in writing of the director of water utilities intentionally diverts any water from any pipe of the city waterworks, or otherwise intentionally uses, or causes to be used, without the consent of the director of water utilities, any water produced or distributed by the water department with intent to defraud the city water system, shall be guilty of a misdemeanor, and shall be responsible for all costs set forth in subsection (c) below.
(b)
The presence at any time on or about any such meter or pipe of any
device or pipes resulting in the diversion of water or preventing
of its free passage and registration by the meter or diverting from
the meter as above defined or resulting in the prevention of water
reaching the meter, or preventing the just registration of the meter
or the taking of any water except through a meter as above set forth
shall constitute prima facie evidence of knowledge on the part of
the person owning or having custody and control of the room, building,
place or premises where such device or pipe is of the existence thereof
and knowledge of such existence to the person who would be benefited
by the failure of the water to be properly metered, and shall further
constitute prima facie evidence of intention on the part of such person
to defraud.
(c)
In the event of an occurrence prohibited by subsection (a) above, the mechanism diverting the water may be immediately removed by city personnel, and the following charges shall be assessed to the offender:
(2)
All costs of labor and materials incurred by the city, including
without limitation, labor costs associated with or incurred by work
performed by city employees; and
(3)
The value of the service or services taken as a result of the diversion
as determined by the average cost of such service for the same class
of consumer or user for the period of time that service was not measured
and paid for as required by this chapter.
(Ordinance 444, sec. 27, adopted 6/27/1929; 1959 Code, sec. 34-49; 1983 Code, sec. 28-43; Ordinance
9411, secs. 5, 7, adopted 2/14/1991; Ordinance 2010-O0049, sec. 12, adopted 6/24/2010)
