HomeMy WebLinkAboutOrdinance - 2018-O0063 Amending Chapter 22 - Amending Chapter 22 Of Code Of Ordinances - 05/24/2018First Reading
May 24, 2018
Second Reading
June 14, 2018
Item No. 5.7 Item No. 6.7
ORDINANCE NO. 2018- 00063
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";
SECTION 22.05.013, 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 to expedite the pro-rata refund contract process to delegate
authority to certain city staff in order to execute refund contracts on behalf of the
City; and
WHEREAS, the current process requires duplicate reviews of a standard contract
form for refunds and delegation will streamline the review process; 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 pro-rata refund contracts; NOW
THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
Section 1. THAT Article 22.05.013, of the Code of Ordinances of the City of
Lubbock, Texas, is hereby amended to read as follows:
Sec. 22.05.013 Refunds
(a) At the option of the city, the total cost of the extension approach for extensions
over one hundred fifty (150) feet may be used.
(b) When a line is extended in accordance with the provisions of this article, and the
total cost of the extension method is used, the city may enter into a contract to refund the
person, entity, group, or corporation requesting the extension. The amount of the refund,
if any, shall depend upon the number of adjacent property owners that choose to connect
to the line and pay the determined pro rata or adjacent main fee during the term of the
contract. The city shall hold adjacent main fees received during the term of the contract in
trust, and periodically make payments to the person, entity, group, or corporation that
requested the extension, and that is entitled to the refund payment by contract. The city
provides no guarantee as to the amount of refund that might occur during the term of the
contract, and the city is under no obligation to pay, from its own funds, any portion of the
refund. The contract shall document the total footage of water and/or sewer line
extensions for the project, and shall provide for a refund based upon the current unit price
list in effect at the time the request for a connection is processed. A copy of the pro rata
ordinance provisions, effective at the time that the contract was approved and entered
into, shall be attached as an exhibit and become part of the terms and conditions of the
contract for all contracts adopted on or after the effective date of this article. All contracts
entered into on or before that date remain legal and binding for the term approved within
each contract, and the pro rata or adjacent main fee provided for in each contract shall be
calculated as provided for in section 22.05.015 of this code.
(c) Contracts for refunds as provided herein shall be in a format approved by the office
of the city attorney, and executed by the developer and the city manager or designee. The
term of the contract shall be fifteen (15) years, the city shall not be liable for refunds after
the term of the contract, and no interest shall be paid by the city for any money for which
refunds are due.
(d) Refunds of money paid in excess of the pro rata shall be made within thirty (30)
days after May first or November first of each year of all refunds earned during the
preceding six (6) months. Refunds shall be earned when pro rata payments have been
made for property on which the refund is based.
(e) When an owner or developer has a refund due as a result of payment of the pro rata
on adjacent property which he also owns, this earned refund may be credited to the pro
rata payment due on the adjacent property at the time the adjacent property is platted.
(f) When temporary sewers or facilities are constructed as an expedient to develop a
particular area, or when sewers are constructed which otherwise are not required in the
ultimate plan of development for the sanitary sewer system, the developer shall bear the
total cost without refund and the value of the temporary sewers or facilities shall not be
allowed the developer towards payment of his pro rata charges. When there is an
extension made to a temporary service to serve existing structures outside the area to be
developed, the developer shall be limited to one-half of the pro rata collected. Any refund
shall be applied toward pro rata refunds on property served by the temporary extension.
(g) When an approach main or boundary main is in an alley and the total cost of the
extension is greater than the pro rata charge paid on the applicant's property, then the cost
above the pro rata charge shall become refundable, in such a manner that when eighty-
five (85) percent of the lots served by the extension have paid their pro rata, the original
applicant will have received all of the original deposit in excess of his pro rata in
consonance with contract provisions.
(h) When there is a refund to be paid on an approach main and/or boundary mains
located in a street, this refund shall be made in such a manner that all of the refundable
money will be returned when there has been a pro rata payment on property outside of the
area originally served, one unit for each fifty (50) feet of approach main and/or boundary
main.
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 24thday of May 2018.
Passed by the City Council on second reading this jh day of JUDe 2018.
DANIEL M. POPE, MAYOR
ATTEST:
CQZe"��' Z
Reb t
ca Garza, City Secre ry
APPROVED AS TO CONTENT:
Mark rwoo Assistant ity Manager
APPROVED AS TO FORM:
elli Leisure, Assistant City Attorney
OrdAmend. Re fundContractsN o.1
4.19.18
100 City of
ib ock
TEXAS
June 22, 2018
Subject: Pro Rata Designee
Office of the City Secretary:
On June 14, 2018, the City Council of the City of Lubbock, Texas, adopted Ordinance No. 2018-
00063 which amended Article 22.05 "Charges for Extension of Water and/or Sewer Service,"
Chapter 22 of the Lubbock Code of Ordinances.
In accordance with Section 22.05.13 (c), the City Manager may designate an authorized official
to execute contracts for refunds as provided for in the ordinance. This letter shall serve as
designation that Jesica McEachern, Assistant City Manager, is hereby authorized to execute
contracts for pro rata refunds for water and/or sewer services.
This designation shall remain in full force and effect until revoked or amended in writing by the
City Manager.
Sincerely,
Jarrett At/insone
City Manager