HomeMy WebLinkAboutOrdinance - 1521-1954 - Amending Ordinance 1190 Establishing Terms And Conditions - 01/28/1954!::·-==· ==~.;==========-==1=t=( ========="'===================================9~
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0 I -..;;:>~-l9S ~ ~ ORDINANCE NO. 1521
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. i AN ORDINANCE AI-lENDING ORDINANCE #1190 ESTABLISHING A POLICY, AND THE TERMS,
CONDrriONS AND METHODS TO BE FOLLOWED IN. EXTENDING WATER AND SANTI ARY SEWER LINES , llt THE CrrY OF LUBBOCK; PROVIDING FOR PRO-RATA PAYME11!' FOR EXTENSION OF SUCH
L!NEs; .PROVIDING SPECIAL FUNDS DESIGNATED "WATER PRO-RATA FUND AND SEWER PRO-RATA
, Fmn?; 'PROVIDING EXCEPTIONS SO THAT SAID POLICY SHALL BE ESTABLISHED AS PROVIDED
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, ~AS, experience and administrative construction of Ordinance No. 1190
ne~ds ;clarifying, and the City Commission finds that the administrative applica-
tion qt": the Ordinance has been in all respects equitable and desires to adopt
administrative application by a revision of some of the provisions of Ordinance
~6., ~90 to comply therewith, and further finds that such revision will be in the
p~bl~o ~nterest and better serve public necessity and convenience and weltare; _
, TaER!FORE
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1:: BE rr ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:
. . . SECTION 1. The City Engineering Department may extend water and sanitary
se'wer:mains in the streets and alleys, or easements, within the City Limits of
the' C~t:1 of Lubbock in order to permit connections by persons desiring and see
wa't~rli~~rvice and sanitary sewer service. A charge, which shall be known as the "pr~iata", shall be made against each lot or tract of land, and the owner thereof ~dse l·kater or sewer service line shall be hereafter connected with aey water ma.i
o:r; 1sa~~tary sewer main in the City of Lubbock, and the charge shall be at the
f'~ll~i'~ rates 1 vhich rates are a portion of the total cost of such water and
seVeJ.-I:mains: ;q::' ~
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~1.50 per front foot of the lot or tract of land to
~hich 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.
Tbe aboV&front foot rates shall apply to property fronting on streets in areas
p~atted' into the usual rectangular lots or tracts of land, with a depth of not to ii~, ~.ee~.~l .. 50.0 f'eet. Where lot.s or tracts have. greater depth than 150.0 .feet f'rom
e rr.o:ht street line, and are occupied, or are to be occupied exclUsively as ~ ~111,~ places, then the additional depth shall not be assessed. If the proper-
tl'liS!! later subdivided, requiring an extension of mains to serve same, then the t~tmsj; ~r this ordinance shall govern. ihere lots or tracts are irregular in size ~;Ish~~' then pro-rata charges shall be based upon equivalent rectangular lots or .. tr~qts using one front foot for each 150.0 square f'eet of area, or the pro-
r.a~a ~barges ;provided herein on the average frontage of such tracts, whichever iS,!le~~t.
, . . Where lots or tracts are intended to be used for business, commercial ~
industrial purposes and have a depth greater than 150 feet from the front etreet
litl,e,.then the pro-rata herein provided shall be paid on the frontage on all
~~~ee~s which the property m~ abut, minus 150 teet frontage f'9r each corner of
tb.s ~~rty abutting a street intersection. Should said property be re-subdivid
etJ !W'hereby water main extensions are required to serve same, the terms of this d~ina~e shall apply.
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Where water is to be used solely for fire fighting purposes and the lines
are nQt otherwise tapped for domestic, commercial or industrial uses, no pro-rata
charge will be required under this Ordinance. }.
SECTION 2. Extension of Water and Sewer Lines. upon requests or the owner
o~ his agent, of a given lot or tract or land, for the purpose or this Ordinance
kr.j.~',as the "Applicant", accompanied by the payment of the pro-rata due under
tn!s~ ~dinance, or the cost or the extension as provided in Sec •. 14-the City
E~ineering Department shall extend, lay or construct all necessary sanitary
se~r;!fdvater mains, including valves and hydrants, a distance of 100.0 feet,
pllus .· the distance across ·the frontage necessary to provide service for which
app;L1¢,ation has been made. Only one such 100 foot extension will be made for any
appl,!,,c ·.~nt dur.ing any 12-months period. The property owner to be served shall be r~qi.H.l,L$d to pay the charges herein provided for • The owners of all intervening
p~o~~ty served by the given main extension shall be required to p~ the charges
p~~~~~d for herein at such time as their.property is connected to the mains thus lJi~) .· •and the pro-rata monies so colleC?ted on the intervening property shall be
re;tPf'd~d out of pro-rata funds to the person making the original deposit;
re'~~s to be made or only that portion of the deposit in excess or the pro-rata
on,p:r;-qperty for which .the extension was requested. Where an applicant for service
se;cur~~ an extensio.n and service under this particular option for main extension,
• ' he , Whtlll pay the pro-rata charges on all property owned by him and which is served
by t.,··*~ .. · extensio. n requeste.d. In applying the 100.0 foot rule, the required I extension of main shall be figured in such manner as to leave out of the calcula-.t~Q~sl~hat portion of any main adjacent to property already having other than a j
te~p,<)r,~ry water and/or sewer service, and for which the pro-rata charges thereon
ha've 1 llsen paid or credited'under the terms of this Ordinance.
.. . An exception 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
isj tn6l\e than 100 feet !'rom existing lines, the City of Lubbock will extend their
ma~~ !upon payment of the charges due under this Ordinance provided there is one
customer for every 100 feet or such free extension, excluding street intersections anl:!Lt~at portion of the extension adjacent to property already having other than te~¢rary water and/or sewer service.
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SECTION 3. Where extension is requested by an industry or commercial
concern using large quantities of water and cannot meet the requirements ot' one cu~tomer per 100 feet of extension, such extension may be made upon p~nt of the
prt).!!rata .due under this Ordinance at the discretion of the City Engineer, provided
40!··peilce. nt. of the estimated an.nual revenue from such customer will be sufficie. nt I· I. I to1.;s~pport interest and principal p~ents calculated on the cost of the extension at 1>~.'~0 percent per annum to amortize the City's investment over a period of 10
years.
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. . SECTION 4. Where extensions of the water and/or sewer systems are required
to; ~e~ property which has been subdivided or platted for development and re-sale,
therOityot' Lubbock will construct such mains as are required to conform to the
ma#"te:ri plan of the City of Lubbock or as established by the City Engineer to co~letely serve the property with.dom.e~tic service and fire protection upon de~O,sit of the total cost including engineering charges, of such extensions,
in~>~uding the cost of approach mains fronting property not owned by the developer
bu~[~ecessary to connect the area for Which applic~tion is made with the City of
Lu'bbock system. r..-;·: !
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-, . ·That part of the cost of water and sewer system extensions over and
above pro-rata charges Will be refunded out of the Water Pro-rata Fund and
Sewer Pro-rata Fund to the developer as frontage is connected, in such a manner
that When S5 percent of the total frontage served b.r 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 1 pertaining ~
to temporary lines and approach mains. ~~
Where temporary lines are constructed as an expedient to develop a
particular area such as across easements within the subdivision on which no
frontage can be connected; or where se~ers are constructed which otherwise are
not required in the ultimate plan of deyelopment for the Eanitary sewer system,
the developer will bear the total cost without refund. II
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i,;l When the approach main is in an alley and the total cost of the extension :j
is greater than the pro-rata paid on the applicant's property, then the cost above[!
pro-rata shall become· .. r·· e.~. undable, in accordance with Sect. 13, in such a manner :: .. 1 that when S5% of the lots served by the extension are developed and have paid 11
their pro-rata, the original applicant will have received all of the original ~~
deposit in excess of pro-rata. ~·
::·! Where an approach line is installed in a street and will not serve • 11
property, making refund under the above provisions unlikely, refund will be made 11
of pro-rata collected on frontage connected from extensions off of such approach 1:!
main, until such time as the applicant shall receive the total cost of the approac~
main back, or at such time as the total length of approach main plus the length II
of extensions from it have a customer for each 100 feet, in which event refund 11 h will be made of the balance of the cost of the approach main, as provided in [i ti Section 13. j'
In no event may the City of Lubbock be required to make extensions under
the provisions of this Ordinance if there are not funds available for the purpose.
SECTION 5. Charges to be Credited to Water Pro-Rata Fund and Sewer Pro-
Rata Fund• Any and all sums of 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 Pro-Rata Fund or the Sewer Pro-Rata Fund of the
City of Lubbock and all refunds shall be paid from thie Water Pro-Rata Fund or
Sever Pro-Rata Fund.
SECTION 6. When Qwner May Install. Any applicant 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 Ordinance, which
said letter, when received and accepted by the City of Lubbock and all pertinent
provisions of this Ordinance complied with, shall then be binding upon both
parties, that is, the City of Lubbock and the developer.
All water and sanitary sewer main extensions herein provided for shall be
laid, constructed and installed ~y the City of Lubbock, directly or by contract,
except that the applicant, or his duly authorized '-gent, of a tract of land may
exercise the option of installing a complete water or sanitary sewer system, or
both, including all mains, approach mains, valves and hydrants, etc. at his own
expense and through a priva~e contractor, in which event that particular property
would not be charged nor a~b3ected to any additional pro-rata charges for water or
sanitary sever mains. It 'is further provided that the water and sewer lines
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constructed through a private contractor shall be subject to inspection and to
all requirements, specifications and regulations of the City Engineering Departmen
covering water and sewer mains to be conneoted to the systems of the City of
Lubbock, and that no private contract shall be let except upon the written
approval of the CityEngineer of the City of Lubbock of the plans and specifica-
tions.with the 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, claims and encumbrances. Where,water and/or sewer mains are installed
under this section by private contractor, the lines shall be sized and located 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. At the discretion of the City
Commission, the City may bear a portion of the cost of the necessary approach
mains~ or mains with:l.b the limits of the sub-division, if a size greater than
eight inch (811 ) water main or eight inch (8") sewer is necessary. The increment
of cost borne by the city shall be determined on the basis of the average,cost
for. comparable installations performed in the last twelve months for the Uity of
Lubbock or on the basis ot the bid price or the contractor under the terms
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of this section, provided that in the event the bid price for mains larger/than
eight {S") inches are not conaidered reasonable by the City of Lubbock, the City
~11 bot be obligated to proceed under the ~arms of this Ordinance.
Plans submitted by applicants to the City Engineer shall be inked on stand-
ard 248 x 36" sheets of treeing 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.
Plans and profiles shall show clearly ell proposed water and sever improvements,
e~isting s~aoe improvements and sub-surface utility lines and obstructions and
final street grades as approved by the City Engineer. These tracings will be
rettirned to the applicant for the purpose of making such prints as are neoessar.r
tor construction purposes, after which the tracings will be returned to the City
~ngineering Department and become permanent property of the City of Lubbock.
When the project is ready for construction, line and grade stakes will be
set by the City Engineering Department, and inspection will be 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 or seVer mains will 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 filed of record by the owner of said Addition.
Upon approval of the plans by the City Engineer, the developer max enter
into a contract with any individual or may himself construct the system !s so
planned; provided, however, that the construction and installation or the vater
lines and sewer lines, or either of them, shall be supervised by inspectors of
the City Engineering Department, to see that the installation is made in accord-
ance vith 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 en~eted into
between the developer and a contractor shall provide for a performance bond such
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~ ~~ th; Cit7 at Lubbock uses in its standard specifications and contract dooumentsj
In the event the developer makes the installation himself, then he shall execute 11
a performance bond in favor or the City or Lubbock in the same form and !'
conditioned in the same manner as provided for in the standard contract documents
used by the City of Lubbock in the making of water and sanitary sever installa-
··tions.
The City of Lubbock will refund to the developer out of the Vater Pro-Rata
Fund and/or the Sever Pro-Rata Fund his deposits in excess or the Pro-rata charge1
i~ accordance with Section 4 and 13 or this Ordinance.
SECTION 7. The following unit prices shall be used as unit prices in
calculating the costs of extension for water and/or sever lines requested under
the terms of this Ordinance.
~ater Mains and ApDurtenances
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 sn Class 150 Water Pipe -@ 2.80
1 ·' For l0"C1ass 150 Water Pipe -@ 3.65
-ptor 12"01asa 150 Water Pipe -@ 4.50
For Standard 3-vay 5" Fire Hydrants -@ $165.00
For 2" Gate Valves @ 28.00
For 3" Gate Valves @ 35.00
For 4" Gate Valves @ 50.00
For 6" Gate Valves @ 65.00
For 8" Gate Valves @ 85.00
For 10"Gate Valves @140.00
For 12"Gate Valves ®175.·00
For 16"Gate Valves ®525.00
Paving Repair-2 course asphalt@ 2.00 lin. rt.
4 course asphalt and others @ 5.00 lin. ft.
The Unit Prices above are inclusive or all line fittings, except valves,
and all concrete and other work except Engineering {Sec.15) necessary to complete
the project, EXCEPT all vet connections shall be made by the City Vater Depart-
ment at a charge of $150 per connection to the Applicant, which charge shall
include flushing and chlorinating all water mains in the subdivision and sampling
water for analysis.
Sanitary Sewer Mains and Appurtenances
For 6" Sanitary Sewer @ $1.00
For 8" Sanitary Sewer @ 1.25
For 10" Sanitary Sever @ 1.55
For 12" Sanitary Sewer @ 1.75
For 15" Sanitary Sewer @ 3.40
For Standard 4' Diameter M.H. to gr depth @ $125.00
For extra depth M.H. per ft. over 8' @ $15.00
For Standard Cleanouts @ $25.00
Paving Repair - 2 course asphalt @ $2.00 lin.ft.
4 course asphalt and others $5.00 lin.rt.
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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 except engineering charges (Sec. 15).
Prices herein established are subject to change according to action of
the City Commission establishing current values.
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SECTION 8. Existing Lines Exempt. All property platted into lots or i
tracts and having existing water and sanitary sewer mains installed by the City 1
1 of Lubbock, prior to April 1, 1952, shall be exempt from the pro-rata charges for
the water and sanitary sewer mains as to the said existing adequate mains. Where
such property is later subdivided, whereby an extension of mains is required to
serve same, then the terms of this ordinance shall govern. Where the property
ovner or developer has already paid or contributed towards any of the existing
lines, then the property properly served by the existing mains without extension 1
thereof, shall be exempt from the pro-rata charges for water or sewer connections.! I SECTION 9. ~ere Front Foot Rule Inequitable; No Vested Rights. The
intent and purpose of this ordinance. is to provide an equitable charge for water I
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 foot 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 City of Lubbock, then, in that event, the City .
Engineer of the City of Lubbock shall determine the proper charges in accord with I I the intent and purpose of this Ordinance. No person shall acquire a~ vested 1~
rights under the terms and provisions of this Ordinance.
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SECTION 10. With.the exception of cases where the applicant has an 1
adequate private water supply or a satisfactory sewage disposal system, the City I
will not extend water or sewer service unless both services are provided, except :
in eases where either City Sanitary Sewer Mains or Water •~ins are not accessible.!
All connections with ·existing City Water Mains shall be made by the City Water 1
Department at direction of the City Engineer.
SECTION'll. All applications for the extension of water and/or sanitary
sewer lines contemplated by the provisions of this Ordinance shall be made on
forms provided b.1 the City Engineering Department, which application shall not be
binding upon either party until ell conditions precedent have been met by the
applicant, required payments made and the contract approved and duly executed b.1
the City Manager.
SECTION 12. A contract entered into by any property owner end the uity or
Lubbock under the provisions of this Ordinance shell be effective only for a
period of 15 years after the date of the contract. No refunds will be made bf th$1
City of Lubbock to any applicant or contracting party after this 15-year period ··
has expired.
SECTION 13. All refunds provided for in this ordinance shall be made on
November 1 and May 1 and include funds then accrued to the credit of developers
and others.
SECTION 14. Unless otherwise specifically provided herein all applicants
shall deposit the total cost of a~ water and/or sanitary sewer extensions to be
made or the required pro-rata charges, whiohever is greater, and the City of
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INDEX TO PRO-RATA ORDINANCE (REVISED)
Section 1. Establish pro-rata, rate & basis for charge and fire protection
clause.
Section 2. ~xtension method (General) -a.lOO' free extension
b.Pro-rata on intervening property
c.Refundable portion
d.lOO ft.free accumulates on multiple
requests
Section 3. Extension over 100' for Industrial & Commercial
Section 4. Extension to property platted for resale.
a. Applicant pays total cost
b. Refund all above P.R. on S5% development
c. Temporary lines
d. Approach mains
Section 5. Charges credited to Pro-Rata funds
Section 6. When Owner may install
a. Letter to City Engineer stating desire to make installation
b. Only if complete system is installed, no pro-rata charge
c. Sized and located in conformance with master plan
d. City may bear portion of cost abo~ 8" water & sewer by resolution
of City Commission
e. City not obligated in event .bid price not reasonable in comparison
with past year's installations.
f. Developers plans show,existing and proposed ~provements
g. City set line and grade after sub. is staked
h. All contracts conform to city standard specifications
i. Utilities, installations only in dedicated street,alley or easement
j. City inspector on job
k. All installation property of ~ity of Lubbock on completion and
performance bond in favor of city
1. Refunds to developer
Section?. Unit prices for estimates
Section 8. Existing line exempt from Pro-rata
Section 9. Where front ft. rule inequitable -no vested rights
Section 10. No water or sewer services unless both are provided -if accessible
Section 11. Application for extension on forms in City Engineer's Office
Section l2. Contract effective 15 years
Section ~3. Refunds at 6 mos. intervals May 1 and November 1
Section 14. Cost ot pro-rata whichever is greater -city pay no interest
Section 15. Engineering charges
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Section 16.
Section 17.
Section lS.
Pro-rata funds not to be used except for pro-rata extensions
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I! By resolution of City Commission, City may bear cost of extensions !\ in interest of public health
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Lubbock shall never be liable for p~ent of interest on ~ deposits, payments
or refunds provided for herein.
SECTION 15. The City Engineer shall require a deposit of engineering
costs as estimated by him to be paid by any applicant prior to the preparation
of plans on any project.
SECTION ;16. Funds paid into the "Water Pro-Rata Fund and Sewer Pro-Rata
Fund" b,y developers and others shall not be used except to accomplish the purposes
set out herein. 'Where general funds are used to expedite extensions coming within
the provisions of ,this ordinance such "Water Pro-Rata Fund and/or Sewer Pro-Rata
Fund" ma7 be used for proper reimbursement.
SECTION 17. Where the City Commission finds that in densely populated
areas and in specific locations therein, due to the absence or water and sewer
service, the public welfare would be best served by making such extensions at
its own cost, and after due investigation and consideration, in order to avoid and
eliminate extremely unhealthful conditions which are contributing factors to
epidemics, and'where money is available for such purposes, it is the express
policy of the Commission when expressed by its resolution, to extend water and
sanitary sewer mains\into ~hese densely populated areas without a deposit being
required from the property owner. Provided however when lines are extended
following such resolution the property owner will be required to p~ the Pro-Rata
charges established by this Ordinance when such property is connected to the
water or sewer main. These pro-rata charges may be paid in such a manner as the
City Commission may hereafter determine.
SECTION 18. This Ordinance shall become effective March 1, 1954.
AND IT IS SO ORDERED.
On motion or Commissioner Thomas 1 seconded b,y Commissione
Careenter 1 the foregoing Ordinance was passed on first reading
by the following< vote of the City Commission this 28th day of January 1954.
Commissioners voting "YEA": Carpenter 1 Davis 1 Thomas and Mayor Tripp
Commissioners voting "NAY": None
On motion or Commissioner. payis 1 seconded by Commissione
Morris 1 the foregoing Ordinance was passed on second
reading by the following vote of the City Commission this 11th day of Februar.y ___ .1954.
Commissioners voting "YEA" 2 Morris., Carpenter & Davis & Mayor Tripp
C6mmis sioners voting "NAY": None