HomeMy WebLinkAboutOrdinance - 2752-1959 - Amending Lubbock City Code, Adding A New Subdivision 34-80. 1-1 - 03/26/1959/ \ .... -' ·~--·
ORDINANCE NO. 2752
AN ORDINANCE AMENDING THE LUBBOCK CITY0ct.to2~yl1l)~a;G
THERETO A NEW SUBDIVISION TO BE DESIGNATED SUBDIVISION 34-80.1-1
OF SAID CODE SO AS TO MAKE PROVISION FOR A PROPERTY OWNER TO
ELECT TO PAY HIS PRO RATA SEWER CHARGE (WHERE SUCH OWNER DOES
NOT HAVE OR PROPOSE TO HAVE CITY WATER SERVICE) AS A DEFERRED
PRO RATA SEWER RENTAL CHARGE UPON ACCEPTANCE BY THE CITY
COMMISSION';" ~:.:-·'-_u:.:·;:r-:·· .. ; PRESCRIBING THE EFFECTIVE DATE OF THIS
ORDINANCE; A:ND PROVIDING FOR PUBLICATION.
WHEREAS1 the City Commission finds that it would be to the public interest.
health. safety and general welfare to proride that a property owner may improve
his property with a sewer extension by electing to pay his pro rata sewer charge
as a deferred pro rata sewer rental charge in order to secure such extension
upon acceptance of such arrangement by said City Commission; NOW THEREFOR
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:
SECTION 1. The Lubbock City Code is hereby amended by adding thereto
a new Subdivision to be designated Subdivision 34-80.1-1 of said Code which shall
read as follows:
1134-80.1-1
It is hereby further provided that if a property owner does not have City
"-·· Water Service or does not propose to have City Water Service, but said
""' ..... ~-Property owner desires said city sewer service~ then in that event if
sucJ.t property owner is otherwise entitled to a sewer extension under
Subdlvi$.ion 34-80. 1 of this code. then such property owner may secure
sewer service (without city water service) upon the election of said
property owner to pay the pro rata sewer charge properly chargeable
to said property as a deferred pro rata sewer rental charge with the
acceptance and approval of such election by the City Commission upon
the following terms and conditions:
(1) Such property owner applicant, for sewer extension shall agree
as follows: /
A. Applicant shall pay 15% of the sewer pro rate charge
with the execution of this agreement and shall pay the
balance as a deferred pro rata sewer rental charge in
equal payments of not less than $10. 00 per month spread
over a period of not to exceed 36 months, each payment
being due and payable on the first day of each succeeding
month hereafter until the balance and interest, if any, is
fully paid, the annual unpaid balance to bear interest at the
rate of 6 per cent per annum until fully paid. Upon failure
of applicant to make any such payment as and when same
shall become due. it shall, at the option of the City without
notice, mature the indebtedness created hereby; and it
shall become at once due and payable as to the balance
due to the City, plus a reasonable attorney's fee if collec-
tion is enforced by or placed in the hands of an attorney
for collection or enforcement. In the event of such default
in payment by applicant, the City and/or its agents, ser-
vants, or employees are hereby authorized. without notice
to applicant (and applicant expressly waives notice)~ to
disconnect the sewer extension serving applic.ant1s parcel
of land and thereafter City shall be under no duty to furnish
sewer service to applicant's parcel of land until a pplicant
has paid all monies due to the City as well as the cost of
disconnection and reconnection to the City Sewer Syste.m
as estimated and/or determined by the City Engineer of
the City of Lubbock. Applicant agrees to at all times defend,
indemnify and otherwise hold the City of ;.ubboc)t, its agents,
·servants and employees harmless of andfmm any and all cairns,
demands, actions, causes of action, suits at law and in equity
and costs of whatsoever ~nd or nature which znay grow out
of or relate to or in'any manner be connected with the making
and carrying out of this agreement including but net limited
to the construction, reconstruction, maintenance, dis-
connection, connection, and/or reconnection of sewer
extension to applicant's parcel of land. Payments made
pursuant to this agreement shall be made in addition to
any uniform sewer charge which may be imposed Dr assessed
by the City of Lubbock against property owners in the City of
Lubbock.
B. Applicant hereby gives and grants to the City an express
contract lien upon said parcel of land and premises and im-
provements herein provided for to secure payment of the
indebtedness herein created and applicant agrees to the fix-
ing of a mechanics· and materialmen's lien upon said parcel
of land and premises to secure said indebtedness until said
.indebtedness is fully paid off and discharged. Applicant
hereby waives in favor of said indebtedness all homestead
exemption, if any, in any manner pertaining to said parcel
of land. Applicant hereby authorizes the recording of this
instrument in the office of the County Clerk of Lubbock
County, Texas.
C. This agreement is made subject to all applicable pro-
visions of the Lubbock CityCode, Ordinances, Resolutions,
and Regulations, with respect to sewer service, extension,
connection, disconnection, reconnection, construction, .re-
construction and maintenance and any other matters related
thereto.
D. Applicant warrants and represents that no extensions
for sewer have been secured for the deferred pro rata
sewer rental charge from the City of Lubbock within the
next preceding twelve-month period to the date of this
agreement. This agreement and all obligations hereunder
shall be binding upon applicant and the successors, heirs,
and assigns and occupants of applicant.
E. If there are any other encumberances except taxes
against said parcel of land, the Appli~ant shall, if pos-
sible, if requested to do so by City, secure from the holder
of said encumberance a subordination of said ·encumberance to the lien created by this agreement.
(2) The City Manager is hereby authorized to execute all contracts
an9 other instruments necessary or convenient to the carrying out of
the purposes of this subdivision. ·
SECTION 2. The City Secretary is authorized and directed to cause the pub-
lication of this Ordinance once a week for two consecutive weeks in a newspaper
regularly published in the City of Lubbock, and this Orainance shall become
r-effective immediately after its final passage.
AND' IT IS SO ORDERED
Passed by the Commission on first reading this 26th day o £
March . , 19 22..._. -------
Passed by the Commission on second reading this __ 9_th ____ day of
April , 19~.:
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