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Ord 039-2001 5/1/2001ORDINANCE NO. ,"� ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING CHAPTER 32, WATER AND SEWERS, AT ARTICLE V, DIVISION 2, TO PROVIDE FOR THE REGULATION OF ON- SITE SEWAGE FACILITIES; REPEALING ORDINANCE NO. 82 -2000; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the Texas Natural Resource Conservation Commission has established Design Criteria for on -site sewage facilities to provide the citizens of this State with adequate public health protection and a minimum of environmental pollution; and, WHEREAS; the Legislature has enacted legislation, codified as Texas Health and Safety Code, Chapter 366, which authorizes a local government, as the authorized agent of the State, to regulate the use of on -site sewage disposal facilities in its jurisdiction in order to abate or prevent pollution, or injury to public health arising out of the use of on -site sewage facilities; and, WHEREAS, due notice was given of a meeting and public hearing to determine whether the City Council of Wichita Falls, Texas should enact an order controlling or prohibiting the installation or use of on -site sewage facilities in the City of Wichita Falls, Texas; and, WHEREAS, said meeting and public hearing were held in accordance with the notice thereof, and the evidence and arguments there presented were considered by the City Council of Wichita Falls, Texas; and, WHEREAS, the City Council of Wichita Falls, Texas finds that the use of on -site sewage facilities in The City of Wichita Falls, Texas is causing or may cause pollution, and is injuring or may injure the public health; and, WHEREAS, the City Council of Wichita Falls, Texas has considered the matter and deems it appropriate to enact an Ordinance adopting Rules regulating on -site sewage facilities to abate or prevent pollution, or injury to public health in the City of Wichita Falls, Texas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. The matters and facts recited in the preamble hereof are hereby found and determined to be true and correct. SECTION 2. The use of on -site sewage facilities in the City of Wichita Falls, Texas, is causing or may cause pollution, or is injuring or may injure the public health. SECTION3. Chapter 32, Water and Sewers, at Article V, Division 2, is hereby amended in its entirety to read as follows: "DIVISION 2. ON -SITE SEWAGE DISPOSAL Sec. 32 -96. On -Site Sewage Facility Rules Adopted. The Design Criteria For On -Site Sewage Facilities, Texas Administrative Code 30 TAC 285.1 - 285.91, promulgated by the Texas Natural Resource Conservation Commission, as authorized under Chapter 366 of the Texas Health and Safety Code (the "Rules "), for sewage are hereby adopted, and all officials and employees of the City of Wichita Falls, Texas, having duties under said Rules are authorized to perform such duties as are required of them under said Rules. Sec. 32 -97. On -Site Sewage Facility Rules. Any structure discharging sewage jurisdictional area of the City of Wichita adopted in Section 32 -96 of this ordinance. into an on -site sewage facility within the Falls, Texas must comply with the Rules Sec. 32 -98. Incorporation by Reference. The Design Criteria (30 TAC 285.1- 285.91) and all future amendments and revisions thereto are incorporated by reference and are thus a part of these Rules. A copy of the current Design Criteria is on file with the City Clerk's Office. Sec. 32 -99. Additional Requirements. In addition to the Rules adopted in Section 32 -97 of this ordinance, the City of Wichita Falls implements more stringent regulations at the following specified sections: (a) Texas Administrative Code, Title 30, Part 1, Chapter 285, Subchapter C, Rule 285.20(1) A permit shall be required for all on -site sewage facilities regardless of acreage. (b) Texas Administrative Code, Title 30, Part 1, Chapter 285, Subchapter C, Rule 285.20(5) Any residence, business or other facility with an existing OSSF is required to pay a fee and have an inspection of the OSSF prior to any sale and/ or transfer of ownership of the property or system. Sec. 32 -100. Duties and Powers. The Wichita Falls/Wichita County Public Health District of the City of Wichita Falls, Texas ( "District ") is herewith declared the designated representative for the enforcement of these Rules within its jurisdictional area. The appointed individual(s) must be approved and certified by the Texas Natural Resource Conservation Commission before assuming the duties and responsibilities of the Designated Representative of the City of Wichita Falls, Texas. Sec. 32 -101. Collections of Fees. All fees collected for permits and /or inspections shall be made payable to Wichita Falls/Wichita County Public Health District. The District shall establish a fee schedule for the On -Site Sewage Facility program within the City and maintain a copy of such fee schedule for inspection by the public. Such fee schedule shall set reasonable fees for services performed by or at the direction of the licensing authority and may be amended by the licensing authority from time to time. Sec. 32 -102. Appeals. Persons aggrieved by an action or decision of the designated representative may appeal such action or decision to the City Council of Wichita Falls, Texas. Sec. 32 -103. Penalties. This ordinance adopts and incorporates all applicable penalty provisions related to on -site sewage facilities, including, but not limited to, those found in Chapters 341 and 366 of the Texas Health and Safety Code, Chapter 26 of the Texas Water Code and 30 TAC Chapter 285." SECTION 4. Conflicts. All ordinances or parts of ordinances of the City of Wichita Falls, Texas, not consistent with or in conflict with the provisions of this ordinance are hereby repealed. SECTION 5. Adopting Chapter 366. The City of Wichita Falls, Texas, clearly understands the technical criteria, legal requirements, and administrative procedures and duties associated with regulating on -site sewage facilities, does adopt and will fully enforce Chapter 366 of the TEXAS HEALTH AND SAFETY CODE. SECTION 6. Severability. It is hereby declared to be the intention of the City Council of the City of Wichita Falls, Texas, that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance should 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 or sections of this ordinance, since the same would have been enacted by the City Council without incorporation in this ordinance of such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 7. Relinquishment of Ordinance. If the City Council of the City of Wichita Falls, Texas, decides that it no longer wishes to regulate on -site sewage facilities in its area of jurisdiction, the City Council shall follow the procedures outlined below: (a) The City Council shall inform the Texas Natural Resource Conservation Commission by certified mail at least thirty (30) days before the published date of the public hearing notice that it wishes to relinquish its on -site sewage facility ordinance. (b) The authorized agent shall post the required notice in a newspaper regularly published or circulated in the area of jurisdiction at least thirty (30) days prior to the anticipated date of action by the authorized agent. (c) The authorized agent shall send a copy of the public notice, a publisher's affidavit of public notice, and a certified copy of the minutes to the Texas Natural Resource Conservation Commission. (d) The executive director shall process the request for relinquishment and may issue an order relinquishing the authority to regulate on -site sewage facilities within the authorized agent's jurisdiction or may refer the request to relinquish to the Commission. (e) Prior to issuance of a relinquishment order, the governmental entity and the executive director shall determine the exact date the authorized agent would surrender its authorized agent designation to the executive director. SECTION 8. Effective Date. This ordinance shall be in full force and effect from and after its date of approval as required by law and upon the approval of the Texas Natural Resource Conservation Commission. SECTION 9. Ordinance No. 82 -2000, passed by the City Council on August 15, 2000, to regulate on -site sewage facilities, is hereby repealed in its entirety. SECTION 10. It is hereby officially found and determined that the meeting at which this ordinance was passed was open to the public as required by law. PASSED AND APPROVED this the 1St day of May 2001. ATTEST: rl City Clerk M A Y O R Affidavit of Publication ORDINANCE NO. THE STATE OF TEXAS 35-2001 #1328075 ORDINANCE REVIS- COUNTY OF WICHITA ING THE CHARGE FOR RESIDENTIAL CURBSIDE AUTO- ng Here) MATED SERVICE FROM $10.55 PER 21st dy. �f May, 2001 MONTH TO $9.05 On this day PER MONTH. ORDINANCE NO. 39-2001 ORDINANCE OF A.D. personally appeared before me, the undersigned authority THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, Kathy Salan bookkeeper TEXAS, AMENDING CHAPTER 32, WA- for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls TER AND SEWERS, AT ARTICLE V DIVI- SION 2, TO PRO- Times/Record News, a newspaper published at Wichita Falls in Wichita County, VIDE FOR THE REGULATION OF Texas, andbeingduly swornby uponme, on oath states that the attached ON-SITE SEWAGE FACILITIES; RE- advertisement is a true and correct copy of advertising published PEALING ORDI- NANCE N0.82-2000. in One (1) issues thereof on the following dates: ORDINANCE NO. 40-2001 ORDINANCE RE- May20, 2001 CODIFYING CHAP- TER 32, WATER AND SEWERS, AT ARTICLE V, DIVI- SION 2, SECTION 32-102 AS SECTION 22-37 OF ARTICLE III, CHAPTER 22, Bookkeeper for Timis Publishing Company PARKS, RECRE- ATION of Wichita Falls AND LAKES; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING (SEAL) Subscribed and sworn to before me this the day and year first above written: FOR SEVERABILI- TY. ORDINANCE NO. 45-2001 ORDINANCE � t�^�" h� AMENDINGAPPEN- DIX C OF THE CODE OF ORDI- NANCES ADOPTING COMMUNICATION TOWER REGULA- TIONS. r''i, ORDINANCE NO. s' • 52-2001 •Z •,• AN ORDINANCE OF p'•- e• GB THE CITY COUNCIL •. OF THE CITY OF v , WICHITA FALLS, 0• TEXAS, AMENDING SECTION 32-34 OF • • THE CODE OF OR- 5 • DINANCES, RA- l•3• • TIONING THE USE OF OUTSIDE WA- TER WITHIN THE CITY, REPEALING ; ORDINANCE NOS. .lit4 61-2000 AND 120-2000; PROVIDING A PEN- ALTY PROVISION; PROVIDING FOR INCLUSION IN THE CODE.