HomeMy WebLinkAboutOrdinance - 2018-O0039 Amending Charges -Water&Sewer - Amending Chapter 22 Of Code Of Ordinances - 03/08/2018First Reading
March 8, 2018
Item No. 5.9
ORDINANCE NO. 2018- 00039
Second Reading
March 22, 2018
Item No. 6.5
AN ORDINANCE AMENDING CHAPTER 22 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, AMENDING ARTICLE
22.05 "CHARGES FOR EXTENSION OF WATER AND/OR SEWER SERVICE";
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
WHEREAS, the City Council of the City of Lubbock deems it in the best interest
of the citizens of Lubbock, and for the efficient handling of current and future
development, to revise current extension calculation methods; and
WHEREAS, current extension charge methods require manual calculation,
excessive time, and ambiguity to the development community; and
WHEREAS, the engineering department has established a new calculation
method that is clear, easy to estimate, and aids in more efficient administration of pro-
rata water charges, adjacent main fees, and refunds; and
WHEREAS, the City Council of the City of Lubbock, Texas deems it in the best
interest of the citizens of Lubbock to make the following amendments to Chapter 22
of the Code of Ordinances with regard to the rates for charges for extension of water
service; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
Section 1. THAT Article 22.05.002, of the Code of Ordinances of the City of
Lubbock, Texas, is hereby amended to read as follows:
Sec.22.05.002 Rates
(a) When a person or entity makes an application with the city: (1) for water
and/or sewer service connection for property that requires a pro rata charge; or (2)
for a water and/or sewer line extension for service that requires a pro rata charge;
or (3) to plat property that requires a pro rata charge for the extension of water
and/or sewer service; the person or entity shall pay a nonrefundable pro rata charge
required by section 22.05.001 and as set forth in this section. This subsection shall
apply only to lines constructed after April 1, 1952.
(b) The appropriate pro rata charge shall be paid prior to:
(1) A water or sewer service connection being made;
(2) The extension of a water and/or sewer line; and
(3) The final approval of a plat.
(c) When the property to be served is within one hundred fifty (150) feet of an
existing water main for water service, or within one hundred fifty (150) feet of an
existing sewer main for sewer service, the person or entity requesting service shall
be required to pay the standard pro rata charge for the front footage of the property
to be served. The standard pro rata charge shall be as follows:
(1) For a 6-inch sewer line, the current years budgeted fee as
determined by the annual City Engineer review, per front foot of lot or
tract of land to which sewer service is to be provided; and
(2) For a 6-inch water line, the current years budgeted fee as determined
by the annual City Engineer review, per front foot of lot or tract of land to
which water service is to be provided.
The standard pro rata charge shall be reviewed annually by the chief water utility
engineer, and he shall recommend that the charge be amended as necessary to
ensure the adequacy of the prices to cover the cost of construction of the water and
sewer utility extensions.
Payment of the standard pro rata charge by the person or entity processing the
request shall satisfy the pro rata charge required for property to be served by the
extension and/or connection.
(d) When the property to be served is further than one hundred fifty (150) feet
from an existing water main for water service, or further than one hundred fifty
(150) feet from an existing sewer main for sewer service, the person or entity
requesting service shall pay the total cost of the extension. The total cost of the
extension is defined as the combined total of:
(1) The total construction cost as determined by the total footage of the
project and the unit price list set forth in section 22.05.015; and
(2) The total cost of professional services including engineering,
surveying, inspection and related costs set forth in section 22,05.012.
Payment of the total cost of the extension by the person or entity requesting the
extension shall satisfy the pro rata charge required for property to be served by the
extension, and may entitle the person paying for the total cost of the extension to
seek a refund from the owners of other properties adjacent to the line extension, if
those owners choose to connect to and be served by the extension as provided
herein.
(e) The pro rata charge to connect to an existing water and/or sewer main shall
be the determined pro rata or adjacent main fee, which shall be paid prior to
connection to an existing water or sewer main. The adjacent main fee for a project
may be divided into sections as necessary so that the adjacent main fee for each
section is appropriate for the size and the depth of the water or sewer line and other
improvements installed. Unless otherwise determined by the chief water utilities
engineer, the adjacent main fee will not be assessed on sewer mains eighteen
inches (18 ") in diameter or larger, and water mains sixteen inches (16") in diameter
or larger, that are installed by the city, unless that main shall directly serve a
development via service taps. The adjacent main fee shall be calculated by:
WATER:
(1) Calculating a linear foot value for water line sizes 6 inch — 12 inch with an
aggregated city-wide cost for attached line appurtenances, which shall be reviewed
annually by the City engineering staff, then
(2) Multiplying the number of feet of water lines adjacent to the proposed
development by the value in section (1) above, excluding any water and sewer
taps; then
(3) Dividing the current value of the improvements by two (2); then
(4) Adding the current value as specified in section 22.05.015 of any water taps
designated in the pre -plats, or as previously approved by the city; then
(5) Adding an engineering, testing, inspection, and surveying fee equal to twelve
percent (12%) of the total calculated value for the final value of the refund.
SEWER:
(1) Totaling the number of improvements adjacent to the proposed development;
then
(2) Multiplying the number of improvements by the current unit price value as
specified in section 22.05.015, excluding any sewer taps; then
(3) Dividing the current value of the improvements by two (2); then
(4) Adding the current value as specified in section 22.05.015 of any sewer taps
designated in the pre -plats, or as previously approved by the city; then
(5) Adding an engineering, testing, inspection, and surveying fee equal to twelve
percent (12%) of the total calculated value for the final value of the refund.
Payment of the determined pro rata charge or adjacent main fee for the property to
be served by the person connecting to the existing water or sewer main shall
satisfy the pro rata charge required by this article. Additional main extensions at
the developer's expense may be required to service the property.
(f) An appropriate pro rata charge in accordance with the requirements of this
section shall be required for any privately or publicly constructed extensions of
water and/or sewer lines.
(g) For lots having a greater depth than one hundred and fifty (150) feet, or
irregular size or shape, the following pro rata provisions shall apply:
(1) The above front -foot rates shall apply to property fronting on streets
in areas platted into the usual rectangular lots or tracts of land, with a
depth not to exceed one hundred fifty (150) feet. Where lots or tracts have
greater depth than one hundred fifty (150) feet from the front street line,
and are occupied or are to be occupied exclusively as single-family
dwellings, then the additional depth shall not be assessed. If the property is
later subdivided, requiring an extension of mains to serve the same, then
the terms of this article shall govern.
(2) Where lots or tracts are irregular in size or shape and has a depth
less than one hundred fifty (150) feet, then pro rata charges shall be based
upon equivalent rectangular lots or tracts using one front foot for each one
hundred twenty (120) square feet of area, or the average frontage of such
lots or tracts.
(3) Where lots or tracts are irregular in size or shape and have a depth
greater than 150 feet the pro rata charges will be based on one front foot
for each 120 square feet of area.
M
WASHINGTON S*
Lot Frontage Formula
(4) Where lots or tracts are intended to be used for other than single-
family dwelling purposes, the pro rata charge shall be paid on the frontage
on all streets which the property must abut. Should such property be re -
subdivided whereby water and/or sewer main extensions are required to
serve the same, the developer shall pay the costs of utilities for
redevelopment.
Example: Where subdivided tracts or land are to be developed as a unit for
shopping centers, apartment sites, industrial sites, or other similar uses, the
applicant will pay frontage charges on street frontages as outlined for business
properties. Any mains extended through or into such tracts for service to
individual buildings will be built at the applicant's expense in easements or
alleys in accordance with section 22.05.006 and chapter 38 (subdivision
regulations). In the case of standard mains being built in streets or utility
easements at the request of the city, refunds on such mains will be made to the
applicant.
Section 2. THAT should any paragraph, sentence, clause, phrase or work 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 8th day of March 2018.
Passed by the City Council on second reading this 22ndday of March 2018.
DANIEL M. POPE, MAYOR
ATTEST:
Reb t
ca Garza, City Sec tar
APPROVED AS TO CONTENT:
Mark arw d, Assis ant City Manager
APPROVED AS TO FORM:
elli Leisure, Assistant City Attorney
OrdAmend. Utilities -extensions
2.22.18