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HomeMy WebLinkAboutOrdinance - 2023-O0138 - Amend Code, Chapter 22 "Utilities" And 36 "Streets" - 11/07/2023First Reading October 24, 2023 Item No. 5.2.1 ORDINANCE NO. 2023-00138 Second Reading November 7, 2023 Item No. 5.1.1 AN ORDINANCE AMENDING CIIAPTER 22 "UTILITIES", ARTICLE 22.0.` "CHARGES FOR EXTENSION OF WATER AND/OR SEWER SERVICE" AND CHAPTEF 36 "STREETS, SIDEWALKS, AND OTHER PUBLIC WAYS", ARTICLE 36.07 "PAVINC STREETS" OF TH� CODE OP ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITI REGARD TO DEVELOPMENT REVIEW FEES; PROVIDING A SAVINGS CLAUSE PROVIDING A PENALTY; AND PROVIDING FOR PUBLICATION. WHEREAS, the Texas Legislature adopted House Bill 3492 regulating municipalities regard to fees assessed for development review; and WHEREAS, the City Council of the City of Lubbock, Texas deems it in the best inte� of the citizens of Lubbock to make the following amendments to Articles 22.05 and 36.07 of Code of Ordinances of the City of Lubbock pursuant to state law; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL Or THE CITY OF LUBBOCK: SECTION 1. THAT Section 22.05.010 of the Code of Ordinances of the City of Lub Texas, is hereby amended as follows: Sec. 22.05.010 Developer installation. (a) Installation by developers b�private contract. (1) A developer shall contract with a private engineering firm for the design and preparation of construction plans for water and sanitary sewer facilities to serve any r, subdivision within the city and including any access or off-site facilities that may required. These plans shall conform in all details to the city's standard as to design, gra location, size, and quality of materials and construction. (2) Plans and profiles submitted by the developer's engineer shall be inked on standar sheets as per city standard. All known existing or subsurface utility lines and obstructior shall be shown. Upon, and along with, submission of preliminary plans for engineerin review by the city, the dcveloper will submit an engineering estimate utilizing the pro rat values currently as outlined in section 22.05.015 to cover the costs of water and/or sanitar sewer main construction and then deposit with the engineering department the fee due a set forth in the most recently adopted annual City budget. Construction shall be defined to include the value of materials and labor to install the materials, in accordance with section 22.05.015, necessary to complete the proposed wat andlor sewer improvcments. Thc enginccr preparing the plans and profiles must be licensed or registered professional engincer in the state, and he must affx his seal a� signature to all plans and profiles submitted for construction. In the instance that plans a submitted for rc-review containing substantial changes and/or alterations, an additional f due as set forth in thc most recently adoptcd annual City budget shall be paid. Page 1 of 5 (3) Inspection fccs. (A) Water linc construction. Upon preliminary approval and before any construction can begin on a water linf the fee due as set forth in the most recently adopted annual City budget., shall b deposited with the water utilities division, and placed in the water pro rata fund, t cover the cost of water line inspection by city personnel. The cost of an construction required to be accomplished by city crews will be in addition to th above fees (see subsection (a)(8)). (B) Sanitary sewer main construction. Upon preliminary approval and before any construction can begin on a sanit� sewer main, the fee due as set forth in the most recently adopted annual City bud� shall be deposited with thc engineering department, and placed in the sewer pro r fund, to cover the cost of sanitary sewer main inspection by city personnel. 7 cost of any construction required to be accomplished by city crews will be addition to the above fees (see subsection (a)(8)). (4) Upon preliminary approval of the plans by the city, the developer may enter into a contract with a utility contractor to construct the system as so planned; provided, however, that the construction and installation of the water mains and sanitary sewer mains, or either of them, shall be inspected by the city to ensure that the installation is made in accordance with the plans and city's standard specifications which, in every instance, shall be pari of said installation contract. (5) When the project is ready for construction and the plat has been approved by the city, linc and grade stakes will be set by the developer's engineer or surveyor. These stakes will not bc sct, howcvcr, until the dcveloper's surveyor has properly staked on the ground with iron pins all points of curvc and tangency, all block corners, and control points. (6) The completc and accurate to-scale, in accordance with the current standards and specifications in the city water and sewer master plans, with the seal of the developer's engineering consultant, reflecting actual constructed water and sanitary sewer facilities shall be submitted to the water utilities department for final approval within three months of substantial completion of the project. Final approved record drawings will held by and become the permanent property of the city. Pagc 2 of 5 (7) The developer's contractor shall be responsible for all water valve, meter box, sewer manhole adjustments, and maintenance of infrastructure to utility lines not yet accepted into the city system. (b) Alternate method of providing utilities under private contract. The city engineer may allow city personnel to perform engineering services on water and sewer improvements in accordance with section 22.05.012. This alternative, if requested by the developer, would only be considered on small developments (less than twenty thousand dollars ($20,000.00) in construction costs as estimated by the city engineering staff using the unit prices herein). With this alternate method of providing for city utilities undcr private contract, the developer shall deposit with the city engineer the fee due as set forth in the most recently adopted annual City budget. (c) In an effort to preserve the integrity of utility lines and paved alleyways, the developer shal provide the necessary sewer and watcr services to the property line to serve all lots within tha particular subdivision on new construction, and that do not abut any existing water and/or sewe mains. Where a new subdivision abuts or is adjacent to existing water and/or sewer mains the cit! will make a per lot basis according to prices included herein. In the event the developer chooses to make water and sewer service connections to prope adjacent to the developer's property and which is owned by another party, the cost of those servic shall be paid by the developer and included as part of the refund contract based on the unit pric included herein and estimatcs made by the engineering dcpartment. All refunds will be made accordance with section 22.05.013. All water and sewer service connections are to be constructed to the city design standards specifications for water and scwer, as same may be amended from time to time. All water sewer service conncctions made, with the cxception of distribution connections and construction, will be made solely by a city-approved contractor. On new construction, developer will be requircd to install wyes, tees or tapping saddles for sewer connections extended to the property line. (d) No installation of water and sanitary sewer mains will be accepted by the city at any other location except a dedicated street, alley, or an easement in favor of the city which shall be filed of record by the owner of said addition. (e) Under the private contract method of installation by developers, the valued unit pro rata cost for the water and/or sanitary sewer facilities shall be the pro rata for the subdivision. ( fl When existing water and/or sewer facilities or mains are lying along one or more sides of the property being platted, the owncrs or developers shall pay the city one-half of the valued unit pro rata cost of the existing mains as defined in section 22.05.009(a). SECTION 2. 1'I IA"1 Section 36.07.010 of the Code of Ordinances of the City of Lub Texas, is hereby amended to rcad as follows: Page 3 of 5 Sec. 36.07.010 Fces for paving improvements. (a) The fees for engineering services, if any, on city council authorized paving and drainage projects shall be set by the city council in the most recently adopted annual City budget. (b) Additional fees may be required by the city engineer on a cost basis for: (1) Additional charges for testing, inspection and staking in accordance with current � policies for work requested by the developer, including, but not limited to, increased costs for city personnel working weekends and/or holidays. (2) Those instances when additional inspection and testing occur due to deficiencies in construction materials or workmanship. S�CTION 3. THAT should any paragraph, section, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of the Orc shall not be affected thereby. SECTION 4. THA"1' a violation of any provision of this Ordinance shall be deemed misdemeanor punishable in accordance with state law and Section 1.01.004 of the Code Ordinances of the City of Lubbock. SECTION 5. THAT the City Secretary of the City of Lubbock, Texas, is hereby authoriz and directed to cause publication of the descriptive caption of this Ordinance as an alternati means of publication providcd by law. ANll IT IS SO ORDERED. Passed by the City Council on �rst reading this 24th day of October , 2023. Passed by the City Council on second reading this 7th day of November , 2023. AT' 'EST: Courtney Paz, City Secretary "1'RAY � A , YOR Page 4 of 5 APPROVED AS TO CONTLN"1': CJ�C � • Erik Rejino, Assistant City Manager APPROVED AS TO FORM: lli Leisure, Senior Assistant City Attorney ccdocsll OrdAmend Development Re� icw �ees 10.9.23 Vage 5 of 5 Sec. 22.05.010 Developer installation. � Installation bv developers b�private contract. (1) A developer shall contract with a private engineering firm for the design and preparation of construction plans for water and sanitary sewer facilities to serve any new subdivision within the city and including any access or off-site facilities that may be required. These plans shall conform in all details to the city's standard as to design, grade, location, size, and quality of materials and construction. � Plans and profiles submitted by the developer's engineer shall be inked on standard sheets as per city standard. All known existing or subsurface utility lines and obstructions shall be shown. Upon, and along with, submission of preliminary plans for engineering review by the city, the developer will submit an engineering estimate utilizing the pro rata values currently as outlined in section 22.05.015 to cover the costs of water and/or sanitary sewer main construction and then deposit with the engineering department � m���m��m ��' o� . . • , � 0 , , . . , � • �-•, }�� �;}•� ��rcn�n-�l.the fee due as set forth in the most recently adopted annual City bu� Construction shall be defined to include the value of materials and labor to install these materials, in accordance with section 22.05.015, necessary to complete the proposed water and/or sewer improvements. The engineer preparing the plans and profles must be a licensed or registered professional engineer in the state, and he must affix his seal and signature to all plans and profiles submitted for construction. In the instance that plans are submitted for re-review containing substantial changes and/or alterations, an additional fee due as set forth in the most recently adopted annual City bud�et shall be paid. �:-�� o• . . > > i: ...a �; .,f.- ,..: .�s �,� �.a � Inspection fees. � Water line construction. Upon preliminary approval and before any construction can begin on a water line, the fee due as set forth in the most recently adopted annual Cit ������ 0 �rt;mnfa� r�� �� �- �P*n=��i�� =u�����__�_ _�. u=��r, �-shall be deposited with the water utilities division, and placed in the water pro rata fund, to cover the cost of water line inspection by city personnel. The cost of any construction required to be accomplished by city crews will be in addition to the above fees (see subsection (al(8)). (B) Sanitary sewer main Construction. Upon preliminary approval and before any construction can begin on a sanitary sewer main, the fee due as set forth in the most recently adopted annual City budget. r�;: �_������.,.:,..,��e�ee -sT-�r�a��e��uv�i����;-=rY�c.�e�-�i�� shall be deposited with the engineering department, and placed in the sewer pro rata fund, to cover the cost of sanitary sewer main inspection by city personnel. The cost of any construction required to be accomplished by city crews will be in addition to the above fees (see subsection a 8). � a:s�v u � �� Upon preliminary approval of the plans by the city, the developer may enter into a contract with a utility contractor to construct the system as so planned; provided, however, that the construction and installation of the water mains and sanitary sewer mains, or either of them, shall be inspected by the city to ensure that the installation is made in accordance with the plans and city's standard specifications which, in every instance, shall be part of said installation contract. �5� When the project is ready for construction and the plat has been approved by the city, line and grade stakes will be set by the developer's engineer or surveyor. These stakes will not be set, however, until the developer's surveyor has properly staked on the ground with iron pins all points of curve and tangency, all block corners, and control points. �}� The complete and accurate to-scale, in accordance with the current standards and specifications in the city water and sewer master plans, with the seal of the developer's engineering consultant, reflecting actual constructed water and sanitary sewer facilities shall be submitted to the water utilities department for final approval within three months of substantial completion of the project. Final approved record drawings will held by and become the permanent property of the city. �� The developer's contractor shall be responsible for all water valve, meter box, sewer manhole adjustments, and maintenance of infrastructure to utility lines not yet accepted into the city system. � Alternate method of providing utilities under private contract. The city •• ��;�-- �•*�' �}«•:• engineer may allow city personnel to perform engineering services on water and sewer improvements in accordance with section 22.05.012. This alternative, if requested by the developer, would only be considered on small developments (less than twenty thousand dollars ($20,000.00) in construction costs as estimated by the city engineering staff using the unit prices herein). With this alternate method of providing for city utilities under private contract, the developer �w-1-�-shall deposit with the citv engineer the fee due as set forth in the most recently adopted annual City budget._ ' , , . . ..f..,�, .. .., (c) In an effort to preserve the integrity of utility lines and paved alleyways, the developer shall provide the necessary sewer and water services to the property line to serve all lots within that particular subdivision on new construction, and that do not abut any existing water and/or sewer mains. Where a new subdivision abuts or is adjacent to existing water and/or sewer mains the city will make a per lot basis according to prices included herein. In the event the developer chooses to make water and sewer service connections to property adjacent to the developer's property and which is owned by another party, the cost of those services shall be paid by the developer and included as part of the refund contract based on the unit prices included herein and estimates made by the engineering department. All refunds will be made in accordance with section 22.05.013. All water and sewer service connections are to be constructed to the city design standards and specifications for water and sewer, as same may be amended from time to time. All water and sewer service connections made, with the exception of distribution connections and new construction, will be made solely by a city-approved contractor. On new construction, the developer will be required to install wyes, tees or tapping saddles for sewer connections and extended to the property line. � No installation of water and sanitary sewer mains will be accepted by the city at any other location except a dedicated street, alley, or an easement in favor of the city which shall be filed of record by the owner of said addition. � Under the private contract method of installation by developers, the valued unit pro rata cost for the water and/or sanitary sewer facilities shall be the pro rata for the subdivision. t�' When existing water and/or sewer facilities or mains are lying along one or more sides of the property being platted, the owners or developers shall pay the city one-half of the valued unit pro rata cost of the existing mains as defined in section 22.05.009(a). �� !'E4F Sec. 36.07.010 Fees for paving improvements. �The fees for engineering services, if any, on city council authorized paving and drainage projects shall be set by the city council: in the most recently adopted annual City bud� � .� � �� �:e�e:ree�err.s� .� � �� �.-. � � � � �. •� •� � �� � � , � � � � ��� �� � � � ��� �� �� � � . . � �ss�!�s� r �s� nr:s-� �r:rsr�r:r�*r. � �. �� � �5 3-A � �A � �i�r �nr�a�r.srr:es�r.��rn�n���rs s�na .:. �., � Additional fees may be required by the city engineer on a cost basis for: � Additional charges for testing, inspection and staking in accordance with current city policies for work requested by the developer, including, but not limited to, increased costs for city personnel working weekends and/or holidays. � Those instances when additional inspection and testing occur due to deficiencies in construction materials or workmanship.