HomeMy WebLinkAboutOrdinance - 3040-1960 - Amending Chapter 34 Section 34- 54 - 01/14/19600 u
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ORDINANCE NO. 30~0
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AN ORDINANCE AMEND~G CHAPTER 34, SECTION 34-54, OF THE "COD
OF ORDINANCESIJ CITY OF LUBBOCK_ TEXAS11, SO AS TO CLARIFY THE
METHOD OF REFUNDING PRO-RATA CHARGES FOR WATER AND SEWER
EXTENSIONS AS HEREINAFTER PROVIDED; AND PROVIDING FOR PUBUCA-
TION•
WHEREAS, the City Commission finds that it would be in the public interest
to charge the method of refunding pro-rata: charges for water and sewer exten-
sions; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:
SECTION 1. THAT Section 34-54, Chapter 34, of the "Code of Ordinances,
City of Lubbock, Texas," BE, and the same is hereby amended to read hereafter
in full as follows:
Sec. 34•54. Property subdivided or platted for development
and resale.,
Where extensions of the water .or sewer systems are re•
quired to serve property which has been subdivided or platted
for development and resale, the city shall construct such mains
as are required to conform to the master plan of the city or as ·
established by the city engineer to completely serve the property
with domestic service and fire protection upon deposit of the
total cost, including engineering charges, of such e:xtims.ibn&~, .
including the cost of approach mains fronting property not
owned by the developer, but necessary to connect the area for
which application is made with the city system.
That part of the cost of water and sewer system ext~nsions,
including boundary mains, over and above pro-rata charges will
be refunded out of the Water Pro-rata Fund and Sewer Pro-rata
Fund to the developer ~s frontage is connected, in such a manner
that when 85o/o of the total frontage served by the extensions is
connected to the water and/or sewer system, he will have
received back aU such increment of cost over and above the
total pro•rata, except as set forth below for 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
sewers are constructed which otherwise are not required in the
ultimate plan of development for the sanitary sewer system, the
developer shall bear the total cost without refund.
When the approach main is in an alley and the total cost of
the extension is greater than the pro-rata paid on applicant's
property, then the cost above pro-rata shall become refundable,
in accordance with Section 34-76, in such a manner that when
the lots served by the extension have paid their pro-rata, the
original applicant will have received aU of the original deposit
in excess. of his pro-rata.
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Where an approach line is installed in a str~et and will not
serve property, making refund under the above provisions un-
likely, refund will be made of the prorata charge collected on
frontage connected from extensions off of such approach main~
until such time. as the applicant shall receive the total cost of
the approach main back, or at such time as the total length of
approach main plus the length of extension from it have a cus•
tomer for each one hundred feet. in which event refund will be
made o£ the balance of the cost of the approach main, as provided
in section 34-76 of this Code.
SECTION 2. The City Secretary-Treasurer is hereby authorized and directe<
to cause publication of this ordinance· as an Amendment to the Code of the City of
Lubbock.
AND IT IS SO ORDERED
Passed by theCommission on first reading this
19 GO. .
14th day of ___ J_a_nu_a_ry ___ ....J,( -
Passed by theCommission on second reading this 28th day of January
19 ~0 -
ATTEST,;-, ----~t-~-------Lavenia Lowe, 1 y ;:,ecre ary-.&._reasurer
~~~---N.L"'IJD B.n...t\...l:o.l:\., ..lV.IAyor
f~ved
• Cily Attor~&y
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