1978-019 NO 7£ - !,,?
AN ORDINANCE AMENDING CHAPTER 2S "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 CLAUqE,
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 C~ty of Denton ~s 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 C~ty of Denton alleged to ar~se from a
malfunction of the sanitary sewer system shall be f~led w~th the
C~ty Attorney not more than ten (10) days after such occurrence
Such claim shall be ~n 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 C~ty Attorney he shall notify
the D~rector of Utilities who shall ~mmedlately ~nvest~gate the
claim both for damages and causation The D~rector of Utilities
shall report his f~ndlngs to the City Attorney w~th 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
C~ty ~s 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 C~ty Attorney f~nd a claim to be without merit and
deny same, he shall do so ~n writing and provide the person f~l~ng
the claim w~th a copy The person making such claim shall have the
r~ght to appeal such decision to the Public Utility Board Such
appeal shall be made w~th~n ten (10) days ~n such form as may the
Board require The Board shall review the claim and their f~nd~ngs
shall be f~nal 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 C~ty of Denton for
their approval
PART II
That ~f any section, subsection, paragraph, sentence, clause,
phrase or word in th~s ordInance, or application thereof to any
person or c~rcumstances ~s held ~nvalld by any court of competent
jurisdiction, such holding shall not affect the validity of the
remaining port~ons of th~s ordinance, and the C~ty Council of the
C~ty of Denton, Texas, hereby declares ~t would have enacted such
remaining port~ons despite any such invalidity
PART III
That th~s ordznance shall become effective immediately upon
~ts passage
PASSED AND APPROVED This the 18th day of April, A D 1978
~OE/~TCHELL, MAYOR
C~z~ OF DENTON, TEXAS
ATTEST
BROOKS HOLT, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
HAM, CITY ATTORNEY
CITY OF DENTON, TEXAS