HomeMy WebLinkAbout1978-019NO %P -/9
AN ORDINANCE AMENDING CHAPTER 25 "UTILITIES" ARTICLE III "SANITARY
SEWERS" OF THE CODE OF ORDINANCES BY PROVIDING NEW SECTIONS 25-45
THROUGH 25-47 WHICH SET OUT CLAIM PROCEDURES FOR SANITARY SEWER
MALFUNCTIONS, REQUIRING A FORM TO BE SUBMITTED, PROVIDING AN IN-
VESTIGATION, PERMITTING AN APPEAL, PROVIDING A SEVERABILITY CLAUSE,
AND DECLARING AN EFFECTIVE DATE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS
PART I
That Chapter 25 "Utilities", Article III "Sanitary Sewers" of
the Code of Ordinances for the City of Denton is hereby amended by
adopting new Sections 25-45 through 25-47 which shall hereafter read
as follows
SECTION 25-45 - CLAIMS & FILING
All claims against the City of Denton alleged to arise from a
malfunction of the sanitary sewer system shall be filed with the
City Attorney not more than ten (10) days after such occurrence
Such claim shall be in writing on a form or forms to be provided by
the City Attorney
SECTION 25-46 - INVESTIGATION FINDINGS $ PAYMENT
Upon receipt of a claim by the City Attorney he shall notify
the Director of Utilities who shall immediately investigate the
claim both for damages and causation The Director of Utilities
shall report his findings to the City Attorney with a recommendation
as to whether or not the City was responsible for the damage If
the City Attorney agrees with the Director of Utilities that the
City is responsible, he shall be authorized to settle the claim up
to the sum of Three Thousand ($3,000 00) Dollars In the event the
claim exceeds that sum, the City Attorney may recommend satisfaction
of the claim, but such recommendation must be approved by the City
Council of the City of Denton
SECTION 25-47 - APPEAL
Should the City Attorney find a claim to be without merit and
deny same, he shall do so in writing and provide the person filing
the claim with a copy The person making such claim shall have the
right to appeal such decision to the Public Utility Board Such
appeal shall be made within ten (10) days in such form as may the
Board require The Board shall review the claim and their findings
shall be final Should the Board recommend payment of a claim over
the sum of Three Thousand ($3,000 00) Dollars, such recommendation
shall be forwarded to the City Council of the City of Denton for
their approval
PART II
That if any section, subsection, paragraph, sentence, clause,
phrase or word in this ordinance, or application thereof to any
person or circumstances is held invalid by any court of competent
jurisdiction, such holding shall not affect the validity of the
remaining portions of this ordinance, and the City Council of the
City of Denton, Texas, hereby declares it would have enacted such
remaining portions despite any such invalidity
PART III
That this ordinance shall become effective immediately upon
its passage
PASSED AND APPROVED This the 18th day of April, A D 1978
MeA
rv. 11'
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ATTEST
R OKS &�OLT.I SE ETA Y
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
CITY OF DENTON, TEXAS