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Ordinance - 1095-1951 - Providing Pro Rata Payments For Extensions Of Water And Sewer Lines - 06/14/1951
No Text 000or BE IT -ORDAINED BY THE CITY, COM, MISSION OF THE CITY OF LUBBOCK: SECTION 1. THAT, the City Engineering Department may extend water and sanitary sewer mains in the streets and alleys, or easements, into areas annexed to the City of Lubbock after January 1, 1950, only under the alternate methods provided for in this Ordinance. A charge, -which shall be known as ata) " shall be made against each lot or tract of land in. r#-ition or subdivision so annexed, and the owner thereof, �whose , p water or sewer lines shall be hereafter connected with any water main or sanitary sewer main in the City of Lubbock, and the charge shall be at the followin,g,ro"s,* wbich"rates are a D.ortion of the total cost of such water and sewer =iinqsr: $1. 20 per front foot of the lot or tract of land to which water c-onne,c.tions maybe made. $ . 80 per front foot of the lot or tract of land to which sanitary sewer connections may be made. The above front. foot rate.s shall apply to propertyfronting01 streets in, areas platted into, the usual rectangular lots or tracts of land, with a depthof not to exp.eed 150. 0 feet. Where lots or tracts have greater depth than 150, 0, feet from the front street line, and, are occupied, or are to be occupied- exclusively s (iWelling places, then the additional depth shall not be ass,e,ssed. If the pro perty is, later subdivided, requiring an extension of mains to serve sarne,,, then the terms of this ordinance 'shall govern. fin lots or tracts of land, Which ,extend through frorn one street to another, with frontage on both streets, and where the distance between the street lines is,,260. 0 feet, or more, then t,h,e:plra rata charge herein provided for shall be paid on both frontages when 8L water c-onneiction is made to the lot or tract* W, he.re lots or tracts are -irregular in size or shape) then the pro r&*_,,,4 charges shall be based upon an. ,oqaivalent rectangular lot or tract, using one front foot for each 150, 0 square foot, of area. Where lots, or tracts intended, to be used for business, commercial or industrial purposes have greater depth than 150'feet,from, the f r ont str e et :line, then the pro rat* charge.s herein provided, for shall be paid on, the 'frontages, of all streets upon which the property may abut. Areas interior of a Iline, 15.0 feet from and parallel to all street frontages shall beexem-pt,fro m payment,unless said property is resubdivided, whereby main extensions are required to serve same, in which event the, terms of this ordinance shall apply. M ETBOD NO. - ONE (1) THAT, upon writtenrequest of the owner, or his agent, of, a given lot or tract of land, for the purpose of, this ordinance. known as the!"Appli cant, acrompanied by a deposit of the total estimated, cost of the proposed water and sewer extensions, the City EngineeringDepartm ent shall prepare ,are plans and specifications for the> improvement, and shall follow. established pro- cedures of the City of Lubbock in contracting the construction of the prGjeqt,, or authorize the -Superintendent of the Water Department to build the lines and appurtenances with City forces.. METHOD NO. TWO (2) THAT, a developer of an addition or subdivision to the City, of Lubbock, plat of which has been finally; approved by the City Planning Comrnission of the City of Lubbock, and filed for record, shall design, and prepare c.on.struc- tion plans of water and sanitary server facilities, or. either d them to serve the subdivision,/includi.ng any access or off -site facilities that may be, requIred.These plans shall c°onfprm in. all details to the City's standards as to the design,. grade, location, size and quality of mLaterials and construction. Plans submitted by applia.nts or developers shall be inked on standard 2411 x 36'"' . sheets of �tra' linen. ,Plan and profile shall be ;:shown at scalps nct less than one inch tor IaO feet horizontal and one inch to 10 feet vertical. Pland and profiles shall',show clearly all surface improvements and all sub- surface utility lines and obstructions. and final street grades as approved by the City. Engineering Department. The completed plans and profiles shall be submitted, along with two (z) copies of the recorded plan of the addition, to the City Engineering .Department. Upon approval, one set of approved blue prints will be supplied the -developer, and tracings will be returned to the appliant or developer for the, pu,rp,o."se of making such prints as he may -require fear contracting .and c.onstructiGn. purposes, after which the tracings shall be returned: to the City Engineering Ti.eparte,nt to become permanent prcpe.rty of the City of,Lbbock. When the pr-oject..is ready for construction, line and grade stales will be set by the City Engineering Department,, and inspection will be furnished by the City,, but no alignment stakes will be set until after the subdivision has been staked, ,on the ground by the appliant's or developer's engineers. All construction contracts shall be let tpon City of Lubbock standard "ec; ficat :ons for materials and perform a:nce. No installation of water mains 11 be made at any other location except a dedicated street, alley, or an easement running in favor of the City of Lubbock, which shall be fileAd of record by the owner of said. addition. Upon approval, of -the plans by the City of Lu.bboc.k, the developer may enter- into a contract with any individual or may, himself construct the system as so planned; provided, however, that the construction and installation of the -water lines and sewer lines, or either 4 them, shall, be supervised. by inspector o£ fhe City of Lubbock, to see that the installation is made :in ac.cor.da.nce with the plans and the Cityts standard specifications, which,; in every instance, shall be a; part of said installation contract. Any such installation, when made, shall become` the property of the City of Lubbock, free and clear of all encumbrances, 4nd.any contract; entered into between the applicant or developer and, a -contractor shall provide ;for a performance band such as the City of Lubbock requires in its standard specifi- cations and contract documents.. In the event.the applicant or developer makes the installation himself, then he shall execute a perf►rmFance bond in favor of the City of 'Lubboc.k in the same form and conditioned in. the same manner as provided for it the standa.rd e:dmtract dot;uinents used by the City of Lubbock i . the making of water and sasaitary sever installatiorxs. -' REFUND S. CTION 2, TILT, thbe refundedby tlge 'City of .,ublmck to the applicant or developer or his assignee shall be determined: by subtract- ing the 11pro ra*" charges Las herein establi.sheds from the total cast of the water and sewer `exte -signs, p_revided t'4.*t in na case shall the City refund. more than $15:0. 00 for yzater lines. ami, $1,40, ' fe.r sewer lines psr bcarra--fide water c onne:cti on within the a.&ditio4i -or, arsy c o b j a.tioh vf the tyro, proyided *at.ttke ref and fo.r water axtd sewer exteitsions shall not ex-eeeci $i4wo, Q.b per Atha :ode water omneetion: within the a.ddi ian br sc%b- diyision . a.nd, THAT, the total cost of water and sewer exten•s oris constructed under Method No. l shall be the actual cmitravt price, if contracted,, plus 5 for engineering, or if cons meted by the Water De. artrnent, tht 4tota.1 c,d�st'{ af; the water a.nd sewer extensions shall he the estimate of the go.st, prepared by the City.. , sneer, and based on a:.etual current construction c;esti plus 5' fl r engixaeerizag, and, the total cost of water, and server extens pans constructed and < ,et d,l4Ta�. 2 shall be defined'as the sum of the products of the: •sits of wdrk oz�,tually, constructed and the agreed unit prices set out ;be ow, plus for eexing� actual xaseasare i in to dAtervaine the;qu,a.zatity and size ©f water a %,twer ptp , Or eith*r of themj, will be made. by the City,E sa$j ;; ep4r .tiat. Unit Prices to De ]Used in. Determining "Total CcastUl `ate ar�is .�.�.d App<urtehan�es t?.t C.1w 150 Water Pipe Vb " Class 15.0- Water Pipe - 0,0.95 .s•a 154 Waiter Pipe - 1: gym' . ma.s:a 15.0 Water Pipe @ 2.. go `Ox ' ff". CIA -.Ss, 154 Nxter Pipe ... .n ;Or Class 154 Water Pipe x% tauAaxd 3-way 5.1" Fire giydr"ts $165..0Q �.W rte Valve .0 0' Ob:r ,A" Gate Valves 35.00 For 4"' Crate Valves, ror 6" Gate Valves For 8" Gate Valves For 1#11 Gate Valves 1 0. 00 For IZ," .Gate Valves ' or 16," Gate Valves 525.00 The Unit Prices above are inclaaive Of: all line fittings, excert., valves, and all concrete and other work meeess4ry tc canaPlete the project, EXCEPT all wot connections shall be made by the City Water Department at a charge of $150 00 per connection to the applicant or developer, which charge shall include ,flushing and; chlorinating all water matins in the subdivision, and sam- pling water for analysis. Sanitary sewer Mains "and Appurtenances For b" Sanitary,Sewer 1,00 For 81" Sanitary. Sewer For Id" Sanitary Sewer' 1,55 Vor 121--1 Sanitary.Sewer. , 1 « 75 for 15" Sanitary Sewer ( 3.,4,0 For 'Standard 4' Dlameter M. H. to -8' depth $125. 00 For Extra .Depth M. I. per ft. over 81 @ 15'.00 For Standard Cleanaut.s $25.00 Prices herein established are subject to.change according to action of the City Commission establishing current values. The unit prices above 'are inclusive of all wyes and fittings, caps and other items not specifically listed herein which may be ;necessary to produce -a complete ,job, and, THAT, the refundable portion of the total cost of extending water and s,ewe>r mains to and through an addition .or subdivision shall be refunded by the City of 1,.4bb.ock to the applicant or. developer in the following manner and sutrje=ct to other provisions of this Ordinance; One yea from the date of contract between: the applicant or developer an the City, the City will refund one -fifth, of the earned..refund to be'applied on the refundable amount. The earned refund shall be that amount determined by multiplying the"nu"mber of lots within the: addition or subdivision, developed axid: connected to water lines of the City during the year immediate."ly fallowing the contract date. by;'"Ithe amount to be refunded for each lot developed and connected, "' "IThe amount to be, refunded for each lot developed and connected" shall be determined by dividing the ;total refundable amount by the .number of lots. in the addition or subdivision. At the end, of the second, third, fourth, and fifth years from; contract date, alikeamount of money will be refunded to the developer. The earned refund of the second, third, fourth and fifth years of this -.contract will be returned to the dveloper in the 'sane manner pies cried for the first year; that is,, one -fifth (1/5) of the earned refund for the se.eon:d, third, fourth and fifth years will be refunded at the end of the year in which., the development and connection with City water mains occurred. and the remainder will be refunded .in equal amounts one, two, three ,'and four years after the first one -fifth (1/51 is refunded-, provided that in no case will a. refund be made on any, lot in the addition or subdivision that is developed and connected more than,, 15) years after the dote of contract. EXCEPTIONS SECTION 3. THAT, in no case will the City extend water service to an area unless sewer service is also provided, except in cases where City sewer mains are not: accessible, and all connection with existing City water rains shall be na,ade by the City Water Department„ -. SECTION', 4. All applications for the extension of water and/or sewer lines contemplated by the provisions of this ordinance shall be made on forms prodded by the City Engineering Depart .ent which application shall not be binding upon either party until all, conditions precedent have been, net by the applicant or developer, required payments made, and contract approved and duly executed by the City ,Manager S ,CTION 5. All payments, collections and deposits provided for herein in connection with water and sewer lines, shall be credited to the general fund. SECTION 6. All grading, drainage and paving required in developing a subdivis, on shall be done in. accordance with plans and specifications approved by the City Engineering Department, and the applicant, developer or owners shall bear the entire cost of this w6rk, P Q.,V E'L3 that in no event shall paving be constructed until all subsurface utilities 1�ave been installed and finally approved by the City Engineering Department. SECTION ?. The intent and purpose of this ordinance is to provide,an equitable charge for water and sanitary sewer main extensions, to serve property in the City of Lubbock on a front foot basis, which property has been annexed after January 1, 1950 In case a property or tract off land is seta situated ,or shaped that the front foot rule c.rea.tes an inequitable basis between it and other tracts of land in the city of Lubbock, then, in that event, the City En, gibeer s•ha11 determine the proper* charges in accordance with the intent and purpose of this ordinance. No persan shall acgquire any 'vested right under the terms- and provisions of this ordinance. SESCTIGN 8. The rapid development of the city of Lubbock, the increased ,; osts of labor and material, anal the impperative need to esta.blish methods by -Which water and sewer lutes or either of theryi may be installed in real estate stxdivis.ions by -developers to meet housing needs creates an urgency and an emergency for the immediate preservation of the public peace, safety and ge°aeral welfa.xe, requiring that this orlirYance shall take effect from and after its pas.sage:, AND IT IS. ACC:GRDINGLY So ORDER On motion of Commissioner r s seconded by Comxnissicaner , the foregoing Ordinance was passed on first reading by unanimous vote of the City Commission this 14 day of June, 1951. E?n motion of Commissioner Hufstedler , s=econded by Commissioner Thomas the foregoOig Ordinanze was passed on second reading by unanimous vote of the City Commission this 28th day of June No Text CITY OF LUBBOCK MEMORANDUM, Inter Office TO: City Manager, and Date June 12 1951 City Commission FROM: VEW SUBJECT: Water and Sewer Ordinance Applicable to Recently Annexed Property, AGENDA I am attaching the original and several copies of ordinance affecting the developers of subdivisions whereannexed to the city after January 1, 1950, VAUGHN E. WILSON City Attorney VEW:sv