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HomeMy WebLinkAboutOrdinance - 739-1945 - Providing For Water Distrobuting To Consumers Outside The Corporate Limits - 12/27/1945ORDINANCE NO. 739 a1- Io-IS-+0 AN :ORDINANCE PROVIDING FOR WATER DISTRIBUTION TO CONSUMERS OUTSIDE THE COR- PORATE LIMITS OF THE CITY OF LUBBOCK; ESTABLISHING THE WATER RATE, TERMS, CON- DITIONS, PAYMENTS AND PROVIDING EFFECTIVE DATES THEREFOR AND GOVERNING EXTEN- SIONS; PROVIDING FOR REFUNDS OF EXTENSION PAYMENTS UNDER CERTAIN CONDITIONS; PROHIBITING EXTENSIONS AND SERVICE IN EMERGENCIES; PROVIDING FOR INSPECTION OF ALL PREIhISES TO BE SERVED; REQUIRING ALL PRESENT CONSUMERS OF WATER TO COMPLY WITH ORDINANCE PROVISIONS WITHIN SIX MONTHS. WHEREAS, there is a substantial demand to extend water service to resi- dents within the suburbs of Lubbock and the Commission desires to extend the service under desirable conditions subject to existing and probable needs within the corporate limits of the City of Lubbock, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK, TEXAS: 1. That on and after the first billing date after 30 days from the date this ordinance is finally passed, the following provisions shall apply to all water distributed by the City of Lubbock water system to all consumers of wa- ter where the water is used, consumed or distributed outside the corporate limits of the City of Lubbock. la. The rate charged for water shall be double the rate charged within the corporate limits. 2. That water lines and service may be extended to consumers on permanently improved premises provided any extension greater than 150 lineal feet is paid for in advance to the City of Lubbock on cost estimates made by the City of Lub- bock plus the regular "Tapping Fee", the size and location of lines to be de- termined by the City. 3. That all water lines laid under the provisions of this ordinance shall be with pipe, material and equipment belonging to the City of Lubbock, shall re- main the property of the City, and no such water line shall be laid out or ex- tended except in dedicated streets or alleys or other public ways designated by the City Commission within defined areas lawfully platted into lots and blocks, officially approved and recorded in the Deed'Records of Lubbock County, Texas. 4. That all money payments made for extensions will be refunded without in- terest to the then owner of the premises served by the original extension as and when other persons become consumers of water on the extension contributed to and secured by such payment, PROVIDED within five years from date of such pay- ment written demand be made of the City of Lubbock for such refund or any part thereof then due, by the person entitled to such payment, prorated and refunded on the basis of 150 lineal feet per customer connecting with such extension. 5. That no extension of water lines or service shall be made upon any appli- cation or request therefor, and the City shall not be required to maintain arw water service or pressure until the City Commission shall determine the need there- for as compared with then existing and anticipated needs within the corporate li- mits of the City of Lubbock, provided the City of .Lubbock shall maintain all ex- isting city owned water lines in a workmanlike manner, but reserves the right in all emergencies to discontinue any and all water services and the City of Lubbock will not be required to respond in damages for any actual or exemplary damages occasioned thereby or resulting from any provision of this ordinance. 2. 6. That no water service or extension shall be made until the owner of the premises shall have secured a plumbing permit and installed plumbing in- spected and approved by the City Plumbing Inspector provided all plumbing and sanitary facilities on or used by occupants of the premises shall com- ply with all pertinent city ordinances and state laws. 7. That no person or premises outside the corporate limits of the City of Lubbock shall be supplied with water from the City Water System unless and until such premises have been inspected and approved by the City Plumb- ing Inspector, PROVIDED all premises now being served by the City Water Sys- tem shall within six months from the effective date of this ordinance in all things comply with the provisions of this ordinance and all pertinent state laws pertaining to health and sanitation. 8. That except as herein provided, all rules, regulations and ordinances of the City of Lubbock governing water distribution within the city limits shall apply to all distribution outside the city limits. 9. That if any area adjoining the city limits shall be brought within the city limits, water rates and all other charges and provisions then applicable within the corporate limits shall be uniformly applied to such annexed area and amounts paid the City of Lubbock for extensions under the provisions of this ordinance, except the regular "Tap Fee", remaining unrefunded within five years from date of the original payment, shall be refunded in Lubbock to the person owning the premises on the date of annexation, as provided in Section /+. AND IT IS SO ORDERED. Passed and approved first reading this 27 day of Dec. , 1945. Passed and approved second reading this 10 day of Jan. , 1946. Attest: City Secretary Mayor