HomeMy WebLinkAboutOrdinance - 2001-O0016 - Amending Chapter 28 - 03/22/2001First Reading Second Reading
March 6, 2001 March 22, 2001
Item No. 14 Item No. 18
ORDINANCE NO. 2001-00016
AN ORDINANCE AMENDING CHAPTER 28 OF THE CITY OF LUBBOCK CODE
OF ORDINANCES, PERMITTING REIMBURSEMENT OF WATER AND
SANITARY SEWER PRO RATA CHARGES; PROVIDING A SAVINGS CLAUSE;
AND PROVIDING FOR PUBLICATION.
WHEREAS, the City of Lubbock, Texas desires to facilitate the building of
affordable housing within the City: and
WHEREAS, the City Council of the City of Lubbock finds that providing for
reimbursement of water and sanitary sewer pro rata charges would assist non-profit
agencies in building affordable housing within the City; and
WHEREAS, the City Council finds that it would be expedient and a benefit to the
public to adopt this Ordinance; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the Code of Ordinances, City of Lubbock, Texas, is hereby
amended by adding a section, to be numbered Section 28-169, which said section as
follows:
Sec. 28-169. Reimbursement -- Water and sanitary sewer pro rata charges.
(a) Requirements for the reimbursement of water and sanitary sewer pro
rata charges are as follows:
(1) The agency applying for reimbursement of water and sanitary
sewer pro rata charges meets all the qualifications set forth in
this section;
(2) Only the current cost of water and sanitary sewer pro rata
charges will be reimbursed under this section. Any associated
costs for water or sanitary sewer service to the property,
including, but not limited to paving repairs, are not
reimbursable;
(3) Water and sanitary sewer lines are in place and are adequate to
serve the property as determined by the Director of Water
Utilities or his/her designee;
(4) The property has been platted;
(5) There are no outstanding reimbursement contracts for adjacent
or offsite water and sanitary sewer mains that serve the
property as determined by the Director of Water Utilities or
his/her designee;
(6) Only new construction of one -family dwelling units, as defined
pursuant to Section 29-3(39) of this Code of Ordinances, are
eligible for reimbursement;
(7) Eligible homes must be built in the designated Community
Development Block Grant areas, as determined by the United
States of Housing and Urban Development;
(8) Eligible homes must be sold to households at or below eighty
percent (80%) of the median family income as determined
annually by the United States Department of Housing and
Urban Development; and
(9) The new homeowners must reside in the house.
(b) An agency must meet all of the following requirements in order to
qualify for reimbursement of water and sanitary sewer pro rata charges;
(1) The agency must be a non-profit organization that builds
affordable housing within the limits of the City of Lubbock;
(2) The builder and/or the agency are responsible for all pro rata
charges from the time the property is platted or, if the property
is already platted, at the time that a request for water or
sanitary sewer service is made until the time the house is sold;
(3) Agencies must initiate and pay for the costs of the water and
sanitary sewer pro rata prior to the development of the
property;
(4) After closing the sale of the house, the agency may apply for
reimbursement of costs of water and sanitary sewer pro rata;
and
(5) Agency representative shall present all required documentation
to the City of Lubbock Community Development Department
in order to apply for the reimbursement.
(c) At the time of the application for reimbursement, the following
documentation shall be required in order for an agency to be eligible:
(1) A letter or other proof from the State of Texas detailing the
agency's non-profit status;
(2) Documents proving the sale of the house to new homeowners;
(3) Income verification of the new homeowners;
(4) Size of the household to be living in the house and any other
appropriate demographic information as may be required.
(5) An affidavit from the buyer of the house that the house is to be
their primary residence.
SECTION 2. THAT should any paragraph, sentence, clause, phrase or word of
this Ordinance be declared unconstitutional or invalid for any reason, the remainder of
this Ordinance shall not be affected thereby.
SECTION 3. THAT the City Secretary is hereby authorized to cause publication
of the descriptive caption of this Ordinance as an alternative method provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 6th day of March , 200 .
Passed by the City Council on second reading this 22nd day of - rchAPI , 2001.
WINDY SIWTON, MAYOR
ATTEST:
P" 0". 0 'e 4 rd — ���
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Terry Elle�W6ok, Managing Director of
Water Utilities
VED AS TO FORM:
Dafiald G. Vandiver, First Assistant
City Attorney
DDOrd/PRORATA 1.ord.doc
February 26, 2001