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HomeMy WebLinkAboutOrdinance - 1190-1952 - Establishing A New Policy And Terms And Conditions, Extending Water And Sanitary - 02/28/195202-2.9 -1.95,..2.1 ORDINANCE NO .. 1190 0'3-13-J..9 52.. AN ORDINANCE ESTABLISHING A NEW POLICY, AND THE TERMS, CONDITIONS AND METHODS TO BE FOLLOWED IN EXTENDING WATER AND SANITARY SEWER LINES IN THE CITY OF LUBBOCK; PROVIDING FOR PRO RATA PAYMENT FOR EXTENSION OF SUCH LINES; PROVIDING A SPECIAL FUND DESIGNATED "WATER AND SEWER PRO RATA FUND,'' 3 ~ :"..t •• 0 •(]... AND FIXING THE EFFECTIVE DATE THEREOF. t, /'7 t 7;, ;j ~~ I ~..(..{ /2t~~ : . 1/' (4, I :t "1. .. ):r.--r. ~ C / d.lJP.-u..t~ ./ ~~~,~,·~~----------~----~--~ . BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. The City Engineering Department ma7 extend water and sanitary sewer mains in the streets and alle7s, or easements, within the City Limits of the City of Lubbock in order to permit connections by persons desiring and seeking water service end sani- tary sewer service. A charge, which shall be known as the "pro rata", shall be made against each lot or tract or land, and the owner thereor, Whose water or sewer line shall be hereafter connectec with any water main or sanitary sewer main in the City of Lubbock, and the charge shall be at the following rates, which rates are a portion of the total cost of such water and sewer mains: $1.50 per front foot of the lot or tract of land to which water connections may be made. $1.00 per front foot of the lot or tract of land to which sanitary sewer connections may be made. 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 of not to exceed 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 as dwell- ing places, then the additional depth shall not be assessed. If the property is later subd1vide4, requiring an extension of mains to serve same, then the terms of this ordinance shall govern. On lots or tracts of land which extend through from one street to another, with frontage on both streets, and where the distance be- ~ '-J tween the street lines is 260.0 feet# or more, then the pro rata charges herein provided for shall be paid on both frontages when -2- a connection is secured to the lot or tract. Where lots or tracts are irregular in size or shape1 then pro rata charges shall be pased upo~ equivalent rectangular lots or tracts using one trant foot for each 150 square feet of area1 or the pro rata charges pro- vided herein on the average frontage of such tracts 1 whichever is least. Where lots or tracts are intended to be used for business1 commercial or industrial purposes or ·hava a depth greater than 150 feet from the front street line, then the pro rata herein provided shall be paid on the frontage on all streets which the property may abut, minus 150 feet frontage tor each corner of the property abut- ting a street intersection. Should said property be re-subdivided whereby water main extensions are required to serve same, the terms of this ordinance shall apply. SECTION 2. Extension of Water and Sewer Lines. Upon requests! of the owner, or his agent, of a given lot or tract or land, for the purpose of this ordinance known as the "Applicant", accompanied by the payment of the charges due under this ordinance, the Engineering Department shall extend, lay or construct all necessary sanitary sewer and water mains, including valves and hydrants, a distance of 100.0 feet, plus the distance across the frontage necessary to pro- vide service for which application has been made. Only one such 100 foot extension will be made for any applicant during any 12- months period. The property owner to be served shall be required to pay the charges herein provided tor. The owners or all interven- ing property served by the given main extension shall be required to pay the charges provided for herein at such time as their propert -3· ( . . is connected to the mains thus laid. Where an applicant for service secures an extension and service under this particular option for main extension# he shall pay the pro rata charges on all property owned by him and which is served by the extension requested. In ~plying the 100.0 foot rule, the required extension of main shall be £igured in such manner as to leave out of the calculations that portion of any main adjacent to property already having other than a temporary water service, and for which the pro rata charges thereon have been paid or credited under the terms of this ordinance. "An e'xception ·to the above 100.0 foot rule shall be made where two or more individual applicants desire water and/or sewer service and the nearest applicant is more than 100 feet from exist- ing lines# the City of Lubbock will extend their mains upon payment of the charges due under this ordinance provided there is one customer for evexylOO feet of such extension, excluding street inter· sections and that portion of the extension adjacent to property already having other than temporary water and/or sewer service. SECTION 3. At the option of the City of Lubbock, the follow- ing method for extending water and sewer mains may be used where the applicant's property is more than 100 feet from an existing water or sewer main. This method shall be available only for use by an individual owner, personal or corporate, to secure water and sewer service for the individual's residence or business. Where eligible for this option, the owner may advance and pay unto the City o£ Lubbock Water and Sewer Pro rata Fund the entire pro rata costa as set forth in this article, to-wit: -4- . tl.50 per front foot for water extensions, and ~1.00 per front toot for sewer extensions on all property served by the desirec main extension, and the City of Lubbock, when said money has been actually deposited in the Water gnd Sewer Pro rata Fund, the City of Lubbock, w~ll construct the said desired water andjor sewer main along a street, alley or easement. When any property for which such person has advanced the pro rata costs is connected to the said main extension, then, in that ev~nt, the pro rata costs so advanced on that particular property shall be refunded out of the Water and Sewer Prorata Fund to the person making the original deposit. SECTION 4. Where extension is requested by an industry or commercial concern using large quantities of water and can not meet the requirements of one customer per 100 feet of extension, such extension may be made at the discretion of the City Engineer, pro- vided 40 percent of the estimated annual revenue from such customer will be sufficient to support interest and principal p~ents cal- culated on the cost of the extension at a.o percent per annum to amortize the City's investment over a period of 10 years. SECTION 5. Where extensions of the water or sewer system is required to serve property which has been subdivided or platted tor development and re-sale, the City of Lubbock will construct such mains upon deposit of the total cost including engineering charges, of such extensions including the cost of approach mains fronting pro· perty not owned by the developer but necessary to connect the area for which application is made with the City of Lubbock system. -5- u That part of the cost of water and sewer system extensions over and above pro rata charges will be refunded out of the Water and Sewer Pro rata Fund to the developer as frontage is connected, in such a manner that when 85 percent ot the total frontage served by the extensions is connected to the water and/or sewer system, he will have received back all such increment of cost over and above the total pro rata, except as set forth below, pertaining to tem- porary lines and approach mains. Where temporary lines are constructed as an expedient to develop a particular area such as across easements within the sub- division on which no frontage can be connected; or where sewers are constructed which otherwise are not required in the ultimate plan ot development tor the sanitary sewer system, the developer will bear the total cost without refund. The cost advanced tor construction of approach mains required to inter-connect property to be developed with existing mains, will be refunded at such time as the connected frontage in the subdivisi constitutes 85 percent of the total available frontage including the approach mains. vVhen the length of approach mains exceeds this limitation, that length of main in excess will be considered as a separate ex.- tension. The monies deposited tor construction of such excess length will be refunded to the original applicant as customers con- nect, in such a manner that tor each new customer he will receive u~,,,,nt equal to the total cost of the main across the frontage£ deposit for construction of the approach line except ~in no case shall he be refunded more than the actual cost of the line. Where an approach line will not front property, making refund under the above provisions·unlikely, refund will be made of pro rata collected on frontage connected from extensions off of such approach main, until such tLme as the applicant shall receive the total cost of~he approach main back, or at such time as the total length of approach main plus the length of extensions from it have a customer for each 100 feet; in which event refund will be made of the balance , of the cost of the approach main, as provided in Section 15. In no e~ent may the City of Lubbock be required to make exten sions under the provisions of this ordinance if there are not funds available for the purpose. SECTION s. Charges to be Credited to W~ter and Sewer Pro rata Fund. Any and all sums ·or money hereinafter collected as a pro rata charge or deposit for water or sewer extensions, at the rates set out in this ordinance, shall be credited to the Water and Sewer Pro rata Fund of the City of Lubbock and all refunds shall be paid from this Water and Sewer Pro rata Fund. SECTION 7. When Owner May Install. All water and sanitary sewer main extensions herein provided for shall be laid, constructed and installed by the City of Lubbock, directly or by contract, excep that the owner, or his duly authorized agent, of a tract of land may exercise the option of installing a complete water or sanitary sewer system, or both, including all mains, valves and hydrants, et at his own expense and through a private contractor, in which event that particular property would not be charged nor subjected to any ., -7- additional pro rata charges for water or sanitary sewer mains. It is further provided that the water and sewer lines constructed through a private contractor shall be subject to inspection and to all requirements, specifications and regulations of the Engineering Department covering water and sewer mains to be connected to the systems of the City ot Lubbock, and that no private contract shall be let except upon the written approval of the City Engineer of the City of Lubbock of the plans and specifications with th~ provision that all such water and sewer mains, valves, hydrants, and all appurtenances thereto, shall be and become the property of the City of Lubbock immediately upon their installation and construction, free and clear of all liens, clatms and encumbrances. Where water and/or sewer mains are installed under this section by private con- tractor, the lines shall be sized so as to conform to master plan of the water and sanitary sewer systems of the City of Lubbock or as established by the City Engineer. The app~icant shall pay the total cost up to and including eight-inch (8") water mains and ~ eight-inch (8") sewers provided grade conditions do not require ' larger size sewers. In the event larger water and sewer lines are ' ' obligated to proceed under the terms of this ordinance. SECTION S. That as an alternate plan for installation of water and sewer extensions in real estate subdivisions~ a developer of an addition or subdivision to the City of Lubbock, plat of which , has been finally approved by the Ctty Planning Commission of the · City of Lubbock, and filed for record, shall design and prepare con- struction plans of water and sanitary sewer facilities, or either ot them, to serve the Subdivision, including any access or off-site facilities that may be required. These plans shall conform in all details to the City's standards as to the design, grade, location, size and quality of materials and construction. Plans submitted by developers shall be inked on standard 24" x 36" sheets of tracing linen. Plans and profile shall be shown at scales not less than one inch to 100 feet· horizontal and one inch to 10 feet vertical. Plan and profiles shall show clearly all surface improvements and all subsurface utility lines and obstructions and final street grades as approved by the City Engi- neer. The completed plans and profiles shall be submitted, along with two (2) copies of the recorded plat of the Addition to the City Engineer for approval. Upon approval, one set of approved blue prints will be supplied the developer, and tracings will be returned to the developer for the purpose of making such prints as he may re- quire for contracting and constructing purposes, after.which the tracings shall be returned to the City Engineer to become permanent property of the CitY of Lubbock. -9- ) When the project is ready for construction, line and grade stakes will be set by the Engineering Department, and inspection will b.e furnished by the City Engineer, but no alignment stakes will be set until after the Subdivision has been staked on the ground by the developer's engineers. All construction contracts shall be let upon City of Lubbock standard specifications for materials and performance. No installation of water mains will be made at any other location except a dedicated street, alley, or an easement running in favor o£ the City of Lubbock, which shall be filed of record by the owner of said Addition. Upon approval or the plans by the City Engineer, the developel may enter into a contract with any individual or may himself con- struct the system as so planned; provided, however, that the con- struction and installation of the water lines and sewer lines, or eith&r of them, shall be supervised by inspectors of the Engineer- ing Department, to see that the installation is made in accordance with the plans and the City's 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, and any contract entered into between the developer and a contractor shall provide for a performance bond such as the City of Lubbock uses in its standard specifications and contract ~ocuments. In the event the developer makes the installation himself, then he shall execute a performance bond in favor of the City of Lubbock in the same for.m and conditioned in the same manner as provided for in the -10- .... - standard contract documents used by the City or Lubbock in the making of water and sanit~ry sewer installations. The City of Lubbock will refund to the developer out of the Water and Sewer Pro rata Fund a total sum represented by the ditterence between the pro rata due from said Subdivision and the product of the units of work actually constructed and the agreed prices set out below, actual me.asurement to determine the quantity and size ot the water and sewer pipes, or either of them, will be made by the City. In determining the amount to be refunded, for each installation, the pro rata shall be the amount outlined in Section No. 1 of this Ordinance. Refunds shall be made for periods of six (6) months pre- ceding November 1 and May l as follows: For each lot within the Subdivision, for which there has been a bona fide connection tor water and sewers, or either of them, there shall be refunded a sum equal to the total refundable.amount, divided by eighty-five (85%) percent of the number of lots in the Subdivision so that when eighty-five (85~) percent of the number oflots are occupied by bona t1de consumers, the developer will have received all of the refundable portion of the cost. The following unit prices shall be used in determining the amount from which the Subdivision pro rata is to be subtracted to produce the amount refundable. Water Mains and Appurtenances • For 2" Class 150 Water Pipe ... ® $0.85 For 3!.' Class 150 Water Pipe -® 0.95 For 4~ Class 150 Water Pipe -® 1.30 For 6". Class 150 Water Pipe -· 2.10 For 8~ Class 150 Water Pipe -® 2.80 For 10" Class 150 Water Pipe-@ 3.65 -11- For 12" Class 150 Water Pipe -@ $4.50 . For St~dard 3-way 5'1 Fire Hydrants ... @ .jpl65.00 For 2n Gate Valves _ @ 28.00 . · For 3" Gate Valves @ 35.00 For 4~ GEt; e Valves @ 50.00 For 6~ Gate Valves @ 85.00 For 8~ Gate Valves @ 85.00 For 10" Gate Valves 8140.00 For 12~ Gate Valves @175.00 For 16~ Gate Valves @525.00 The Unit Prices above are inclusive of all line fittingsR except valves1 and all concrete and other work necessary to com- plate the project, EXCEPT all wet connections shall be made by the City Water Department at a charge of $150 per connection to the Applicant 1 which charge shall include flushing and chlorinating all water mains in the subdivision and sampling water for analysis. Sanitary Sewer Mains end Appurtenances For 6" Sanitary Sewer 8 $1.00 For 8" Sanitary Sewer @ 1.25 For 1011 Sanitary Sewer @ 1.55 For 12~ Sanitary Sewer ® 1.75 For 15~ Sanitary Sewer @ 3.40 For Standard 41 Diameter M.H. to 8' dep~h @ $125.00 For extra depth M.H. per ft. over a• ® $15.00 For Standard Cleanouts @ $25.00 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. Prices herein established are subject to change according to action of the CitY Commission establishing current values. Any developer desiring to make the installation of water and sewer lines, or either of them, shall file a letter in writing with the City Engineer of the City of Lubbock, stating that he elects to make the installation under the terms and provisions of this ordi- ance, which said letter1 when received and accepted by the City of -12- /.. -~ Lubbock and all pertinent provisions of this ordinance complied with~ shall then be bindi~g upon both pa~ties, that is, the City ot Lubbock and the developer. SECTION 9. Existing Lines ExemEt• All property platted into lots or tracts and h aving existing water and sanitary sewer mains installed by the City of Lubbock~ at the effective date of' this ordinance., shall be exempt from the :tr o rata charges for the water and sanitary sewer mains as to the said existing adequate mains. Where such property is later subdivided, whereby an exten- sion ot mains is required to serve same, then the terms ot this ordinance shall govern. Where the property owner or developer has already paid or contributed towards any of the existing lines, then the property properly served by the existing mains without extension thereof, shall be exempt from the pro rata charges tor y water or sewer connections. """-I "' '.)"- SECTION 10. Purpose of Ordinance; Where Front Foot Rule Inequitab~~; No Vested Rights. The intent and purpose of this ordinance is to provide an equitable charge for water and sanitary sewer connections as a proportionate distribution of the cost of water and sanitary sewer main extensions to serve property in the City of' Lubbock on a front toot basis. In case property or a tract of land is so situated or shaped that the front foot rule creates an inequitable basis as between it and other tracts of' land in the 1 City of Lubbock, then, in that event., the City Engineer of the City of Lubbock Shall determine the proper charges in aeoord with the intent and purpose of this ordinance. No person shall acquire any vested rights under the terms and provisions of this ordinance. / -13- SECTION 11. In no case will the City extend water service to an ,applicant unless sewer service is also provided, except in cases where City sanitary sewer mains are not accessible. All connections with existing CitY water mains Shall be made by the City Water Department at direction of the City Engineer. SECTION 12. The City of Lubbock will continue, until Jul7 ~' 1952, the present policy of extending water and/or sanitary sewer service 325 feet without charge to the property 01~ers of existing residences or buildings which have been occupied, or ready for occupancy, for a period of 6 months or longer. / SECTION 13. All applications for the extension or water and/or sanitary sewer lines contemplated by the provisions of this ordinance shall be made on forms provided by the CitY Engineering Department, which application shall not be binding upon either party until all conditions precedent have been met by the Applicant, re- quired payments made and the contract sp~oved and duly executed by the City Manager. SECTION 14. A contract entered into by any property owner and the City of Lubbock under the provisions of this ordinance shall be effective only for a period of 15 years attar the date of the contract. No refunds will be made by the City of Lubbock to any applicant or contracting party after this 15 year period has expired. SECTION 15. All refunds provided tor in this ordinance shall be made on November 1 and May l and include funds then accrued to the credit of developers and others. -14- ) SECTION 16. Unless otherw!se ·specifically provided herein, the Applicant shall depos~t the total cost of any water and/or sanitary sewer extensions to be made or the required pro rata charge whichever 'is greater, and the City of Lubbock shall never be liable for payment of interest on any deposi~ payments or refunds provided for herein. .: . I I 0• . SECTION 17. The City Engineer shall require a deposit of t ~ engineering costs as estimated by him to be paid by any developer prior to the preparation of plans on any project. SECTION 18. Funds paid into the "Water and Sewer Pro rata Fund11 by developers and others shall not be used except to accom- plish the purposes set out herein. Where general funds 'are used to expedite extensions coming within the provisions of this ordin- ance such "Water and Sewer Pro rata Fund" may be used tor proper reimbursement. SECTION 19• This ordinance shall become effective April 1, 1952. AND IT IS SO ORDERED. On motion of Commissioner _________ M_o_r_r_is ___________ , seconded by Commissioner _____ T_h_o_m&_s ___________ , the foregoing Ordinance was passed on first reading by the following vote of the City Commission this 28tb day ot February ' 19.,2!. Commissioners voting "YEAn: Morris, Hufstedler, Davis, Thoms and ' Mayor Whiteside Conmdssioners voting "NAY": None On motion of Commissioner ______ T~h~o~~~s~----------' seconded by CommisSbner ~M~o-r~r_is _________________ , the foregoing ordinance was -15- I "" v • T -' .-. ' On motion by Co~missioner Thomas, seconded by Commissioner Morrie, the foregoing ordinance was passed on second reading by the following vote of the City Commission this 13th day of March, 1952. ATTEST: Commissioners voting "YEA": Morris, Hufstedler, Thomas and Mayor Whiteside Commissioners voting 11NAY11 : L. E. Davis. /s/ Clarence K. Whiteside MAYOR /s/ La.venia Lowe City Secretary-Treasurer