HomeMy WebLinkAboutResolution - 032449E - Utility Extension Policy - 03/29/1949 RESOLUTION
It having been the policy of this Commission in the past
and at present to extend to each and every resident citizen of
the City of Lubbock all public utilities operated by it, and
after careful study by this Commission as to the best policy to
be adopted, Commissioner Whiteside read a contract agreement
proposal to be entered into between the City of Lubbock and the
Developer.
Commissioner Whiteside moved that this Contract Agreement
be adopted by the Commission and be incorporated into this
Resolution. Commissioner .Hufstedler seconded the motion and
by unanimous vote the Resolution was adopted.
"THE CONTRACT AGREEMENT" follows:
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STATE OF TEXAS
COUNTY OF LUBBOCK
This agreement made this the day of 194_,__, by
and between the City of Lubbock. Texas, party of the first part, hereinafter
referred to as the "City"., and
party of the second part, hereinafter referred to as the "Developer,"
W I T N E S S E T'Hz
WHEREAS, the City Commission at its regular meeting on1�/
cr 19t,±, adopted and made effective a policy to govern the
method of financing, design and construction of all water and/or sower lines
or extension thereof, said adopted policy providing that the developer shall
submit a map or plat showing all of the area to be developed; that the City
Engineer shall design the wator and/or sower lines required to properly serve
the property to be dovolopod, and shall m:.ke an estimate of the cost of all
materials, labor, equipment, supplies, supervision, and other incidental and
essential expenses necessary to completely install and complete the water and/or
sewer lines; that the Engineers shall determine the number bf lots within the
area to be developed and by dividing the total estimated cost by the number of
lots, establish the amount to be returned to the dovolop,3r for each lot develop—
ad and connected to the water and/or sower lines of the City. The policy further
provides that the developer shall complete his development within a periocl' of
five years from the date of this agreement, and that he will upon execution of
this agreement pay to the city the amount of cost as represented by the Enginoor►s
estimate; and
WHEREAS, the developer has submitted a map or plat of the area to be dovel—
oped, and has shown thereon the area to be served by water and/or sower lines,
said map or plat being attached hereto, marked Exhibit "A", and made a part
hereof; and
WHEREAS, the City Engineers have designed the water rnd/or sower linos ro—
quired to properly serve the area shown on attached map or plat, and have
determined that the total estimated cost of said lines is
0 ) Dollars, and by the method established by
the approved policy, find that there will be lots developed in the area,
and that the amount due to be returned to the developer for each lot developed
and connected to the water and/or sower linos of the City shall be ,
0 � ) Dollars; and
WHEREAS, the developer has approved the estimates of total cost and the
estimate of amount to be returned for each lot developed and connected to the
water and/or sower lines of the City, and he agrees to pay to the City the
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amount of ( —., ) Dollars,
-which is the estimate of total cost as dotorminod by''tho Engineers; and
WHEREAS, the developer having dopositod moneys }in the amount of the
estimated cost of the design and construction of water and/or sewer lines
required to serve the property, the City agrees to construct such linos, and
to reimburse the developer on tho basis of lots developed in the following
manner:
Ono year from the date of contract, the City will return to the developer
ono—fifth (1/5) of tho oarm d return. The earned return shall be that amount
determined by multiplying the numbor of lots developed and connected to the
water and/or sower linos of the City during tho year immediately following the
Contract date by the amount to be returnod for oach lot developed and connected.
At the end of the s000nd, third, fourth, and fifth years from contract date,
a like amount of money will be returned to tho dovolopor. The earned income
of the second, third, fourth, and fifth yoars of this contract will be ro—
turned to the developer in.tho same manner prescribod for the first year; that
is, ono—fifth (1/5) of the carnod incomo for the second, third, fourth, and
fifth years will bo returned at the and of the year in which the dovolopaont
occurred and the remainder will be roturned in equal amounts one, two, throe,
and four years after the first one—fifth is returned.
The following table and discussion will illustrate the method of dotormino-
ing the total cost, cost per lot, and amount to be returned to the developer
each year:
Assuming an area containing 50 lots.
Estimated cost of water line to sorvo the 50 lots $2,850.00
Estim:.tod cost of sower line to serve the 50 lots . 2�150 00
TOTAL FSTIDIATED COST OF VLITER & SEWM LINES 5s00?i,00
�-. Amt. to be roturned for oach lot developoR (?5,000.50) 100.00
Year After Contrwn_o _2 w �5"S� '�
£Tumbor.r rff lets,Devologed _2_C) ,j_ � 5 I0.� ;T�
TA?� E RJ D F�ETIIRPT 27U0 _ .UJ!) �r 0 r0( '.• K 000
Moneq Fet,i�Yr3 Dovclopmont 0 40 00 AM,4401) " 000
eoU,' kdMn�y T 0 ( t � �I2 C 1
0.0
ionel ,
Rg�_2 d_yrt Develo 0-it 100 ' _O 1.0^' 3.00_ 100 00
MoneyR_td._4tYb,17 oj2 ment__ _ � 200+ 2W,� 2CO1200 1 000
100.i v 0r^ r100 :0 1
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TOTAL MONEY RETMED 0 600!'700 00' 110W 600 001 OU
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It is agreed by both parties that the City will pay no interest on the
money advanced by the developer. It is also agreed that the Wity shall not
return any money advanced by the davelopor on any lot that has not boon
developed and connedted to the City+s water linos at the end of the f3£th
year from date of this .agreement. It is understood that any water mad/or
sewer lines when laid under the terms of this contract shall become the
property of the City of Lubbock immediately.
It is further understood that the City of Lubbock may extend water and/
or sower lines 150 foot or loss, free of cost to the owner, to buildings or
residences that have been occupied or rowdy for occupancy and have boon
within the Corporate limits for a period of six (6) months or more at the
time application is made for the extension, and provided there is a City
water consumer for each 150 foot extension.
The City will make, the extensions herein contemplated at the earliest
practicable time and the City Engineer estimates the completion date to be
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IN IITNESS IMMEOF, the parties hereto have signed this agreement
the date first above written.
CITY OF LUBBOCK,. TEXAS
By _
Developer City Manager
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Commissioner Whiteside moved that the policy incorporated
in this Agreement remain in full force and effect until same
is altered, amended or repealed by this Commission or some fu-
ture Commission, and that the City Manager enter into said agree-
ments with the Developer.
Seconded by Commissioner Hufstedler, motion carried.
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