COUNCIL COMMUNICATION

DATE:

 

3/24/03

 

 

SUBJECT:   FINAL READING OF ORDINANCE 2003-O-088

Amending section 31-3 of the Code of Ordinance to provide for two exceptions to the prohibition on water service for other than industrial purposes outside City Limits, these exceptions being for future water service (1) to the Colonias and (2) to any facility or building owned by the City of Laredo, United Independent School District or Webb County; and providing for an effective date. (As Amended).

 

 

INITIATED BY:

Larry Dovalina, City Manager

 

 

STAFF SOURCE:

Heberto L. Ramirez, Utilities Director

PREVIOUS COUNCIL ACTION:

1987 Ordinance enacted to allow water service outside the City limits for industrial purposes only.

BACKGROUND:              

 

Ordinance 87-O-163 was enacted on December 8, 1987, to provide that in which water service could be provided outside the city limits only for industrial purposes as therein specified, which became codified as Section 31-3 of the Code of Ordinance.

 

On April 17, 1995, Ordinance 95-O-083 was enacted, approving the City’s participation in an Interlocal Government Agreement between the City of Laredo and Webb County relating to utility service to the Colonias.

 

The said Interlocal Agreement was signed by the parties, under which agreement the City is responsible for the construction of waterlines to the 15 Colonias listed in the Interlocal Agreement, and for the subsequent provision of water services to those Colonias.

 

This amendment allows for provision of water services to the 15 Colonias which lie outside the City limits.

 

 

 

 

FINANCIAL IMPACT:

N/A

                                                                              

COMMITTEE RECOMMENDATION: 

 

N/A

STAFF RECOMMENDATION: 

 

Recommends introduction  of this Ordinance

 

 

 

 

ORDINANCE NO.  2003-O-088

AMENDING SECTION 31-3 OF THE CODE OF ORDINANCES TO PROVIDE FOR TWO EXCEPTIONS TO THE PROHIBITION ON WATER SERVICE FOR OTHER THAN INDUSTRIAL PURPOSES OUTSIDE CITY LIMITS, THESE EXCEPTIONS BEING FOR FUTURE WATER SERVICE (1) TO THE COLONIAS AND (2) TO ANY FACILITY OR BUILDING OWNED BY THE CITY OF LAREDO, UNITED INDEPENDET SCHOOL DISTRICT OR WEBB COUNTY; AND PROVIDING FOR AN EFFECTIVE DATE

 

WHEREAS, Ordinance #87-0-163 was enacted on  December 8, 1987, to provide that in which water service could be provided outside the city limits only for  industrial purposes as therein specified, which became codified as  Section 31-3 of the Code of Ordinances; and

 

WHEREAS, Ordinance #95-0-083 was enacted on April 17, 1995, approving the City’s participation in an Interlocal Government Agreement between the City of Laredo and Webb County relating to utility service to the Colonias; and

 

WHEREAS, the said Interlocal Agreement was signed by the parties, under which agreement the City is responsible for the construction of waterlines to the  15 Colonias listed in that Interlocal Agreement, and for the subsequent provision of water services to those Colonias; and

 

WHEREAS, the Director of Utilities requests that an exception be made also for any governmental facility or building owned by the City of Laredo, United Independent School District or Webb County which may be located outside the City limits; and

 

WHEREAS, the City Council finds it to be in the public interest and necessity to amend Section 31-3 of the Code of Ordinances to provide that the City may provide water service to the residents of the Colonias listed in the said Interlocal Agreement, and to any governmental facility or building owned by the City of Laredo, United Independent School District or Webb County and lying outside the City limits.; and

 

WHEREAS, the City Council finds that otherwise the purpose for Section 31-3, subject to these exception subsists, and should not otherwise be changed.

 

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT:

 

Section 1.  Section 31-3 of the Code of Ordinances be and is hereby amended to read as follows:

 

Sec. 31-3.     [Extension of water service outside city limits for industrial property.] NO        EXTENSION OF WATER SERVICE OUTSIDE CITY LIMITS EXCEPT FOR INDUSTRIAL DEVELOPMENT, FOR THE COLONIAS, AND FOR ANY CITY, UNITED INDEPENDENT SCHOOL DISTRICT OR COUNTY FACILITY OR BUILDING.

 

(a) The city shall not provide water service to and for future land developments outside the city limits, save and except for the residents of the fifteen Colonias listed in the Interlocal Agreement dated April 17, 1995,   between City of Laredo and Webb County pursuant to Ordinance No 95-0-083 and save and except for any facility or building owned by the City of Laredo, United Independent School District or Webb County and  save and except  in the case of any development for industrial purposes, in which event the provisions of subsection (b) shall apply. Provided, furthermore, tracts are exempted from the prohibition set forth in this subsection were there have been prior expenditures for water system improvements by the owners thereof or conveyances to the city of water rights or other valuable consideration by the owners thereof in anticipation of water service by the city with acceptance by the city of such consideration prior to the date of passage of this section [December 8, 1987], which tracts may be connected to the city's water system provided that they otherwise comply with the Subdivision Ordinance [appendix B] and other applicable laws. As of date of passage of this section, the city council finds that the tracts listed in Exhibit A attached hereto [not printed herein] meet the criteria set forth above for exempting tracts from the prohibition set forth in this subsection. Any landowner who claims to meet the criteria set forth herein for exemption as of the date of passage of this section may apply to the city council for such exemption, which exemption may be granted only upon express findings by the city council that the landowner does meet the criteria as of date of passage of this section, and not otherwise.

 

(b) The City may agree to provide water service to any development for industrial purposes, which is defined in subsection (c), under the following circumstances, terms and conditions:

 

(1) The developer shall provide on-site and off-site transmission, distribution, pumping and storage facilities as the city shall determine to be necessary for the developer's proposed development. These facilities, including the acquisition of all necessary easements, rights-of-way, and all related improvements, will be acquired at the sole cost of the developer, and will be conveyed to the city.

(2) The developer shall enter into an appropriate contract with the city to permit it to connect with the water system on such terms as the city considers to be in the city's best interest as provided in V.T.C.A., Local Government Code section 402.001(c), and as the city considers sufficient to meet the express requirements set forth in section 6.10(B) of the Charter which provides that the cost of utility expansion must be made by those requesting expansion and the city council shall not obligate any citizen by adjusting the utility rate to defray cost.

 

(3) The developer shall pay to the city a water availability fee based on the projected needs of the development. Alternatively, the developer shall convey to the city an equivalent amount of water rights. The water availability fee and/or conveyance of water rights will be paid and/or conveyed by the developer at the time he plats the land being developed for industrial use. In this connection, it is to be noted that this provision is intended to be the city's compensation for water rights it would need to acquire in order to serve the proposed development for industrial use. The water availability charge is set out in section 31-92(b).

(4) The developer shall provide all normal subdivision requirements, and these will be specified in the contract with the city referred to in paragraph (2) above; in this connection the subdivision ordinance will be used as a guide only as to the requirements for the development, but the requirements shall be made enforceable under the terms of the contract to be entered into between the developer and the city, and compliance therewith shall be one of the conditions under which water service will be supplied, and continue to be supplied to the development.   

(5) The water rates will be as specified in the governing ordinances for water supplied outside the city limits.

 

(c) For purposes of this section, the phrase "industrial purposes" means any and all use or uses of land, first allowed in those districts which are M1, and M2, under the zoning ordinance; and for clarification, those uses which are so allowed within the meaning of the phrase "industrial purposes" are specified herein:

 

(1) Storage (in bulk) of or warehouse for commodities such as building materials, contractors' equipment, clothing (raw or finished), drugs, dry goods, feed, fertilizer, food, solid fuels, furniture, hardware, ice, machinery, metals, paint and paint materials, pipe, rubber and rubber products, shop supplies, liquid fuels, petroleum products, volatile oils and liquids; however, the storage of liquid shall be underground and in tanks of a maximum capacity of twenty thousand (20,000) gallons, built and constructed in accordance with the requirements of any other applicable regulations.

(2) Wholesale facilities servicing retail laundry or dry cleaning establishments, bulk processing plants, printing, publishing and reproduction establishments.

(3) Cold storage plants, brewery, dairy processing, ice plants.

(4) Freight terminal, truck terminals and railroad yards, to include the building of spur lines or switching facilities required or desirable in connection with any use permitted under this subsection.

(5) Contractors yard, which would include uses such as prefabrication of building trusses, storage of construction equipment, ready-made concrete, etc.

(6) Administrative, engineering and scientific research, involving design or experimentation facilities not permitted in a previous zone. Assaying of ore by laboratory methods, and such processing and fabrication as may be necessary.

(7) Manufacturing, compounding, processing, packaging or treatment of bakery goods, candy, cosmetics, dairy products, drugs and pharmaceutical products, soap (cold process only) and food products.

 

(8) Manufacturing or processing of small items, including gloves, footwear, bathing caps, shoes, boots, boxes and cartons, hardware, toys, electric batteries, motors or generators, electronic components, resistors and chips, textile products, and automated equipment.

(9) Assembling of electrical appliances, radios, phonographs and televisions, including the manufacturing of small parts only, such as coils, condensers, transformer, transmitters, electric and electronic parts and equipment for wholesale, musical instruments, novelties, and light metal products.

(10) Custom house brokers or freight forwarders, in which facilities for warehousing or distribution are maintained on the same premises.

(11) Parking lots for the storage of trailers and semitrailers.

(12) Essential services, and public service, facilities.

(13) Detention facilities.     

(14) Acid manufacture, asbestos manufacturing, automobile, truck, heavy equipment assembly.

(15) Bleaching, cleaning and dyeing plant, boiler shops, structure steel fabrication shops, railway car or locomotive shops (including repair), metal working shops employing reciprocating hammers or presses over twenty (20) tons' capacity; bulk station.

(16) Dextrine, starch or glucose manufacturing; disinfectant, insecticide or poison manufacturing; flour or grain mill; forge or foundry works.

(17) Meat packing yards, stockyards or slaughterhouse.

(18) Poultry processing, including packing and storage for wholesale.

(19) Sandblasting or cutting.

(20) Junk and used appliance yard.

(21) Communications, broadcasting and receiving antennae.

(22) The incidental uses of "vehicle and heavy vehicle maintenance and service facilities" and "truck stops, including all appurtenant facilities of the same, including restaurant, motel accommodations, retail outlets, vehicle service and maintenance, air conditioning repair and maintenance, and vehicle services, including gasoline, oil and lubrication" may be permitted if the following conditions are met:

 

a. They are incidental to the industrial uses to which the development is being devoted; and

b. They are part of a platted industrial subdivision or subdivisions that contain at least one hundred (100) contiguous acres; and

c. They are carried out in an area that is not more than ten (10) percent of the area of such platted industrial subdivision or subdivisions of one hundred (100) or more contiguous acres;

d. The area of such incidental use or uses has been designated by the developer and approved by the director of planning of the city.

 

 

(23) A retail and/or wholesale business may be permitted if the following conditions are met:

 

a. It is used in conjunction with a bulk storage or warehouse facility as defined in subsection (c)(1) above;

b. It is part of a platted industrial subdivision; and

c. The entire platted lot (or lots, as the case may be) upon which such business is conducted is situated within one thousand (1,000) feet of a state or federal highway and within the extraterritorial jurisdiction of the city.

 

(24) The operation of a petroleum products terminal business, including without limitation, the receipt by pipeline or other method of petroleum products, the storage of petroleum products in aboveground storage tanks and the dispensing of petroleum products through an automated rack system; officing and dispatching of employees, and work crews, storage and parking of equipment and supplies, motor vehicles, pipe, various construction materials, pipe threading and cutting equipment, tools and maintenance equipment and such other activities as are related to the proper conduct of such business.

(25) Manufacture, assembly, processing, packaging, repackaging, distribution, storage or warehousing glass or plastic products of all kinds, as well as, any and all glass or plastic related products.

 

Section 2.        Effective date.

         This Ordinance shall become effective on date of passage.

 

          PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS

THE __________ DAY OF___________________, 2003.

 

                                                                              _______________________________

                                                                              Elizabeth G.  Flores

                                                                              Mayor

 

ATTEST:                                                               APPROVED AS TO FORM:

      Jaime L.  Flores

     City Attorney

 

____________________________                             

Gustavo Guevara, Jr.                                            By:__________________________

City Secretary                                                              Anthony C. McGettrick

Assistant City Attorney