HomeMy Public PortalAboutOrdinance No. 573-87 10-26-1987
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ORDINANCE NO. 5 7 3
AN ORDINANCE AMENDING ORDINANCE NO. 409A, SAME
BEING SECTION 6, "OWNERS TO MAINTAIN SEWER LINES"
OF CHAPTER 11, "UTILITIES" OF THE CODE OF
ORDINANCES, CITY OF RICHLAND HILLS, TO RELIEVE
PROPERTY OWNERS OF FINANCIAL RESPONSIBILITY FOR
STREET DISTURBANCES AND REPAIRS NECESSITATED BY
MAINTENANCE OR REPAIR WORK TO SEWER LINES
SERVING THE OWNER'S PROPERTY; CLARffYING THE
OWNER'S RESPONSIBILITY TO KEEP SAID SEWER LINES
FREE OF OBSTRUCTIONS; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Richland Hills has determined that
it is more equitable for the City to bear the costs of street excavations and repairs
in connection with repairs to citizens' sewer lines located under such streets; and
WHEREAS, the City Council desires to clarify its present ordinances concerning
responsibility for cleanout of citizens' sewer lines.
. NOW, THEREFORE, be it ordained by the City Council of the City of Richland
Hills, Texas:
I.
That Section 6 of Chapter 11, "UTILITIES" of the Code of Ordinances, City of
Richland Hills, same being Ordinance No. 409A, be hereby amended to hereafter be
and read as follows:
Section 6: OWNERS TO MAINTAIN SEWER LINES
(a) DEFINITIONS:
1. City Main The City-owned sewer line (main), laid within the
limits of a dedicated street right-of-way or dedicated utility
easement.
2. Service Line The sewer line that connects the customer's
establishment to the City main (including the "Y" on the City
main). The service line may be located on private property as well
as on dedicated streets or easements.
(b) Any person, firm or corporation connected to the sewer of the City shall
be responsible for maintenance of his or its entire Service Line, as defined
above. This obligation shall include all internal maintenance, including
cleanout. All external maintenance of the Service Line, including
excavation and repair of the surface, shall also be the responsibility of the
property owner, but only from the owner's building to the rear curb
• line of the street or right~f-way. If repairs (excluding cleanout) are needed to the
portion of the Service Line lying under a city right-of-way or street, the City shall
bear the cost of cutting, excavating and repairing the right-of-way and street, as
well as the Service Line lying thereunder.
II.
Severability Clause. That it is hereby declared to be the intention of the City
Council that the sections, paragraphs, sentences, clauses and phrases of this
ordinance are severable, and if any phrase, clause, sentence, paragraph or section of
this ordinance shall be declared unconstitutional by the valid judgment or decree of
any court of competent jurisdiction, such unconstitutionality shall not affect any of
the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance,
since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional phrase, clause, sentence,
paragraph or section.
III.
Effective Date. This ordinance shall be in full force and effect from and after
its passage and publication as provided by the Richland Hills City Charter and the
laws of the State of Texas.
PRESENTED, GIVEN FIRST READING A~IVD APPROVED at a regular meeting
of the Richland Hills City Council on theo~ day of OG 1987; by a vote of.5~
• ayes, o nays and o abstentions.
APPROVED:
Paul Daniels, Mayor
ATT
Paulene Kempe, City Secre ary
A D AS TO FORM:
ul F. Wienes e, ity Attorney
0053a/dld/102287
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