HomeMy WebLinkAboutOrdinance - 3772-1962 - Amending Article II, Chapter 34, Code Of Ordinances. - 03/08/1962)
ORDINANCE N0. __ 3_7_7_2 __
AN ORDINANCE AMENDING AR'fiCIE II, CHAPTER 34, CODE OF ORDINA.NCES OF THE
CITY OF LUBBOCK, TEXAS, SO THA.T sA.ID ARTICLE II SHALL HEREAFTER READ IN FULL
AS MORE FARTICUIARLY APPEARS HEREINBELCM; SAID ARTIClE II COVERING EXTENSION
OF l-IATER AND/OR SEWER LINES GE~MLL~~ AND MORE SPECIFICALLY PROVIDING FOB.
A WATER ANn/OR SEWER PRO RA.TA CHARGE; SETTING RATES F.OR SUCH CHARGES;
ESTABLISHING PRO RATA ON PROPERTY PlATTED AND TO BE PlATTED; SE'l'TING SIZE OF
SERVICE LINES AND METER SIZE; DESCRIBING LOC'ATION J.10R SERVICE CONNEa!ION;
ESTABLISHING PRO RATA FUNDS AND DEPOSITS, CHARGES 4ND REFUNDS m RElATION
THERETO; AutHORIZING PARTIAL ~A'YMENT FOR LINES BY CtrY IN CERTAIN INSTANCES;
PROVIDING FOR. COSTS OF EXTENSIONS; REGUlATING INSTALlATION BY DEVELOPERS;
DEClARING FACILITIES TO BE PROPERTY OF CtrY; .PRO'iliDD,lG FCR ENGINEElUNG COSTS
AND PAYMENT THEREOF; ESTABLISHING RUlES GOVERNING ~FUNDS ; AUTHORIZING
ExtENSION THROUGH ENriRE BLOCK EVEN IN ABSENCE OF FULL PRO RAn\ PAYMENT
WHERE MORE ECONOMiqAL; ESTABLISHING UNIT PRICES TO BE USED IN CALCUlATING
COST OF EXTENSIONS; SETTING METHOD OF DETERMINING PROPER CHARGES WHERE FRONT
FOOT WIS INEQUITABLE; B<7rH WATER AND SEWER SERVICE TO BE EXTENDED TOGETHER
UCEPl' WHERE SATISFACTORY SYSTEM EXISTS; REGUlATING EXTENSIONS MO DENSELY
POPUlATED AREAS BY CITY AT GIN EXPENSE WITH PRO RATA TO BE PAID BY PROPERTY
"CMNEB.S UfON CONNECTING TO SUCH SBRVICB; AVTHClUZING DEFERRED PAYMENTS OF PRO
RATA; AUTHCRIZING SEWEB. EXTENSIONS WITHOUT WA'reB. SERVICE IN .CERTAIN INSTANCES
AND ESTABLISHING RULES GOVERNING SAME; PROVIDING A PENALTY; PROVIDING FCR
AL'!ERNA.TIVE METHOD OF PUBLICATION AND EFFECTM DATE; AND A SEVEBAJULITY ClAUS •
WHEREAS, the City Commission finds that ·it is necessary and es-sential
and in the public interest of the health, safety and general welfare of the
citizens of the City of Lubbock to revise the provisions governing extension o
water and/or sewer lines within the City, to read hereafter in full as more
particularly provided in the body of this Ordinance; NQij THEREFORE,
BE IT ClUlAINED BY THE CITY Ca4MISSION OF THE CITY ·OF LUBBOCK:
SECTION 1. THAT Article II, Chapter 34, of the Code of Ordinances, Cit
of Lubbock, Texas, BE, and the same is hereby amended to read hereafter in
full as follows, to-wit:
Article II. Water and Sewer Charges for Service
Sec. 34-51. General
There shall be a service charge due on all property to
which water and/or sewer lines are extended after April 1, 1952. This charge
shall be called the "Pro Rata" charge for water and/or sewer and shall be due
and payable before service is provided. The Pro aata charge shall represent
a portion of the costs of providing water and/or sewer facilities to serve the
property on which the Pro Rata is paid.
Sec. 34-52. ''Pro Rata" Charges for Water and/ or Sewer Service
When a person desires water and/or sewer service to proper
ty that requires an extension of existing facilities to provide service adja-
cent to the property or when the service connection will.be made to a line con
structed after April 1, 1952, the person desiring service shall pay a non-re-
fundable charge hereafter called the Pro Rata. This chaege shall be as follows
a. $1.50 per front foot of lot or tract of land
to which sewer service is to be provided; and
b. $2.25 per front foot of lot or tract of land
to which water service is to be provided; and
as more specifically provided herein.
When an extension of water and/or sewer facilities is required to
serve the property, the costs of which exceeds the Pro Rata charge as defined
above, the person desiring service shall pay the total cost of the extension
required for domestic andior fire protection service as provided in Section 34-
53 and 34-54 and shall be refunded as provided herein that portion of the costs
that exceeds the Pro Rata charge.
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 not to exceed one hundred fifty feet. Where lots or tracts have
greater depth than one hundred fifty feet from the front street line, and are
occupied, or are to be occupied exclusively as dwelling places, then the
additional depth shall not be assessed. If the property is later subdivided,
requiring an extension of mains to serve the same, then the terms of this
article shall govern.
Where residential lots or tracts are irregular in size or shape,
then pro rata charges shall be based upon equivalent rectangular lots or tracts
using one front foot for each one hundred fifty square feet of area, or the
average frontage of such lots or tracts, whichever is least.
Where lots or tracts are intended to be used for business, commer-
cial or industrial purposes, the pro rata charge shall be paid on the frontage
on all streets which the property may abut~ Should such property be re-subdi-
vided whereby water main extensions are required to serve the same, the terms
of this ar~icle shall apply.
Sec. 34-53. Pro Rata on Property Already Platted
A payment of the water and/or sewer Pro Rata charges on
property already platted shall entitle the person desiring service to acquire a
connection to the water and/or sewer lines in accordance with the Code of the
City when the lines to which the connection is to be made is in the alley or
comparable easement adjacent to the property; or shall entitle him to the
extension of water and/or sewer lines equal in length to the frontage on which
he paid the pro rata plus 150 feet when the service line is not adjacent to his
property; provided however that only one such 150 foot free extension may be
provided any person in any calendar year. When the nearest service line is
more than 150 feet distant to the property on which service is desired, the
person desiring service shall pay the total cost of the extension required to
provide service less the cost of the first 150 feet of extension, however, in
no event shall the cost paid be less than the Pro Rata on the frontage served.
That portion of the cost paid above the Pro Rata on the frontage shall be
refunded as provided herein for approach mains.
When two or more individuals desire water and/or sewer
service and the nearest individual is more than 150 feet from existing lines,
the city will extend the service lines a distance equivalent to that on which
the Pro Rata is paid plus 150 feet for each individual Pro Rata payment when
such distance is adequate to serve the individuals. In the determination of
the distance necessary to serve the individuals, the distance across street
intersections or property already served with other than temporary service
shall not be considered.
Sec. 34-54. Pro &ata and Extensions to Property Being Platted
When property is being platted in accordance with the
subdivision regulations of the city, the owners or developers of the property
being platted and to be served by water and/or sewer shall pay the Pro Rata
charges as calculated on the basis of the frontage to be served or the total
costs of the extensions necessary to completely serve the property, whichever
is greater. The extensions required to completely serve the property shall
conform to the utility plan of the city and shall include the requirements for
domestic service and fire protection service to the area through which the
lines extend.
That portion of the cost paid by the owners or developers
which is in excess of the Pro Rata front foot charges shall be refunded as
provided herein.
See. 34-55. Size of Service Lines and Meter Size
The Pro Rata is established to provide fire protection
service from the street and domestic water and/or sewer service from the alley
or comparable easements adjacent to the property. The size of the lines in the
alleys or easements shall be adequate to provide for a maximum size water meter
of one and one~half (1\) inches per lot for each 75 feet of frontage. Payment
of the Pro S.ta shall permit the property owner to acquire a maximum water tap
and meter of one and one .. balf (1-\) inches or the equivalent in two or more
meters per lot of each 75 feet of_frontage.
When water service larger than one and one-half (1~) inches
is desired, the property owner desiring such service shall pay the addi~ional
cost of extending or reconstructing a line of adequate size to provide the
service desired. Adequate size shall be considered as twice the diameter of
the water tap requested. The additional cost for making such an extension
shall be refunded only when property adjacent to the extension obtains services
greater than one and one•half (1\) inches after payment of their proportionate
part of the cost of the origin41 extension.
Payment of the sewer Pro Rata charges herein provided shall
entitle the property owner to a sewer connection of four (4) inches in size per
lot on each 75 feet of frontage.
Sec. 34-56. Location for Service Connection
water and/or sewer service shall only be provided to prop-
erty from dedicated alleys or comparable easements except in certain manufac~
turing zones where alleys or easements were not required by the Flanning
commission.
water service for private fire protection systems requiring
service lines greater than three~fourth (3/4) the size of the water line
in the alley or easement may be provided from street mains with the person
receiving such service to pay the total cost including paving repair of the ta
and extension to the property line.
Sec. 34•57. Pro Rata Funds -Deposits, Charges & &efunds
There shall be a Pro Rata Water Fund and a Pro Rata Sewer
Fund maintained as a part of the city''s accounts.
All monies received for water Pro Rata payments shall be
deposited to the water Pro Rata Fund and all monies received for Sewer Pro Rata
payments shall be deposited to t~e Sewer Pro Rata Fund.
Payment of the Pro &ata or total cost of the extensions as
provided herein shall authorize the City Engineer to cause the required
construction to be done and all charges for work done by the city to extend
water service to property on which the water pro rata has been paid shall be
charged to rhe Water Pro &ata Fund and all charges for work done by the city
to extend sewer service to property on which the Sewer Pro Rata has been paid
shall ~ charged to the Sewer Pro Rata Fund.
-All refunds due under the provisions herein provided shall
be made from the fund to which the original deposit was made.
Sec. 34•58. cost of Lars-Mains may be Partially paid by City
When the utility plan of the city requires the extension of
a line of a size that is larger than that determined by the City Engineer as
adequate to serve the property on which the pro rata is paid or to be paid,
the city may pay the cost in excess of that required to serve the property on
which the pro rata is paid when funds are available.
Sec. 34•59. costs of Extensions
The esttmated costs of the water and/or sewer extensions
required to serve the property on which tha Pro Rata is to be paid shall be
based on the plans for the extensions by the City Engineer and the unit prices
shall be those adopted herein. The city shall use the unit prices included
herein in the determination of the value of the system installed by private
contractor for the Developer or may at the city1 s discretion require the
Developer to receiv~ competitive bids in accordance with the city's form,
plans and specifications. The value allowed the Developer toward payment of
his Pro ·Rata charges or for refunds as provided h~rein shall be determined by
the unit prices provided herein or, at the city's option, by competitive bids.
The costs of the extensions shall include engineering costs
materials, labor, paving repair etc. necessary to complete the facility re-
quired to serve the property on which the Pro Rata is paid.
Sec. 34·60. Installation bX Developers
-The property owner or developer of a tract of land being
platted and served by water and/or sewer may at his option, hire a private con
tractor to install the complete water and/or sewer facilities including mains,
approach mains, valves, manholes, hydrants, etc. except work required to be do
by city such as engineering, paving repair, wet connections, etc. all in accor•
dance with the plans of and under supervision of the City Engineer. Payment fo
the work to be done by the city shall be made prior to the starting of any
construction.
The Developer may construct the water and/or sewer improve•
menta before the propert~ is platted, in which case no security shall be re•
quired by the city but upon filing the plat of record in the county Clerk's
Office and connection of the facilities to the existing city mains, the facili-
ties shall become the property of the City of Lubbock as part of the Pro Rata
payments for the service.
When the Developer chooses to construct the water and/or
sewer facilities after the pl~t is filed of record in the ·county clerk's Office
he shall provide the city with performance security as required herein.
The Developer shall provide the city a copy of the contract
between him and his conttactor for the construction of the improvements for his
development and shall at the city's option receive sealed competitive bids for
such work in order to determine the fair value of the system.
Sec. 34-61. Facilities to be Property of Citx
Upon completion of the water and/or sewer facilities by
private contractor and acceptance by the city or upon completion by the
city, the facilities so constructed shall become and remain the property
of the City of Lubbock and shall be maintained as a part of its water and/or
sewer system.
Sec. 34-62. Engineering for Extension and Fees
The engineering work necessary to prepare plans and inspect
the construction required to provide water and/or sewer service shall be done
by City Engineering Department or an authorized representative.
The cost of the extension required to serve the property
shall include the cost of engineering estimated at 5% of the total cost of the
construction.
Plans for the extensions shall conform to the ult~te
utility plan and shall include all necessary mains, lines and appurtenances
required to provide domestic service and fire protection.
The city shall provide the property owner or developer
copies of the plans and cost estimates upon request and shall make a final
breakdown of the actual quantities and costs of work done when the developer
has employed a private contractor to do the construction.
The cost estimates as provided shall be subject to change
to conform to the actual work required to satisfy conditions existing at the
location except when the city does tl~ work in which case the est~ted costs
will be the actual cost to the Developer.
No construction of water and/or sewer facilities will be
started until the Developer has provided property survey corners for all lots
to be served by t he extensions.
Sec • .34-6.3. Refunds
Contracts for refunds as provided herein shall be executed
by the Developer and the City Manager. The term of the contract shall be
15 years and the city shall not be liable for refunds after the term of the
contract. No interest shall be paid by the city for any money on which refunds
are due.
Refunds of money paid in excess of the Pro Rata shall be
made within .30 days after May 1 or November 1 of each year of all refunds
earned during the preceding six months. Refunds shall be earned when Pro Rata
payments have been made for property on which the refund is based.
When an owner or developer has a refund due as a result of
payment of the Pro Rata on adjacent property which he also owns, this earned
refund may be credited to the Pro Rata payment due on the adjacent property
at the t~e the adjacent property is platted.
When temporary lines or facilities 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 when sewers are
constructed which otherwise are not required in the ultimate plan of develop-
ment for the sanitary sewer system), the developer shall bear the total cost
without refund and above his Pro Rata.
When an approach main or boundary main is in an alley and
the total cost of the extension is greater than the Pro Rata charge paid on the
applicant's property, then the cost above the Pro Rata charge shall become re-
fundable, in such a manner that when 85 percent of the lots served by the
extension have paid their Pro Rata, the original applicant will have received
all of the original deposit in excess of his Pro Rata in consonance with
contract provisions.
When there is a refund to be paid on an approach main and/
or boundary mains located in a street, this refund shall be made in such a
manner that all of the refundable money will be returned when there has been a
Pro Rata payment on property outside of the area originally served, one unit
for each fifty feet of approach main· and/or boundary main.
Sec • .34-64. Extensions Beyond Pro Rata Areas
The city may extend water and/or sewer through an entire
block upon payment of the Pro aata charge on one or more lots when the eity
Engineer determines that it is more economical than to make the extension in
several short sections as pro rata payments are made.
Sec • .34-65. Unit Prices used in calculating costs of Extensions
The following prices shall be used as unit prices in
calculating the costs of extensions of water or sewer mains and appurtenances
under the terms of this article:
water mains and appurtenances installed:
For 2\1' cast-iron class 150 water pipe per lin. ft. $ 1.10
~--For 3" Asbestos cement class 150 water pipe per lin. ft. 1.19
For 3'.' cast-iron class 150 water pipe per lin. ft. 1.41
For 4"' Asbestos cement class 150 water pipe per lin. ft. 1.44
!or 4" cast-iron class 150 water pipe per lin. ft. 1.71
!or 6" Asbestos cement class 150 water pipe per lin. ft. 2.19
For 6'' cast-iron class 150 water pipe per lin. ft. 2.38
For 8-:-Asbestos cement class 150 water pipe per lin. ft. 2.85
For 8'.' cast-iron class 150 water pipe per lin. ft. 3.20
F. or 10" Asbestos cement class 150 water pipe per lin. ft. 3.66
For 10" cast-iron class 150 water pipe per lin. ft. 4.11
ror 12'! Asbestos cement class 150 water pipe per lin. ft. 4.78
'for 12'.' cast-iron class 150 water pipe per lin. ft. s.oo
For 2", Gate valves and valve box @ 35.00
For 3'! Gate valves and valve box @ 45.00
'for 4•! Gate valves and valve box @ 57.00
For 6'~ Gate valves and valve box @ 73.50
For 8" Gate valves and valve box @ 96.00
For 10" Gate valves and valve box @ 165.00
For 12" Gate valves and valve box @ 190.00
For Fire Hydrant @ 195.00
For l.ittings per pound @ .21
Tapping Sleeve and Valve for c.t.
6 X 3 @ 77.56
6 X 4 @ 87.09
6 X~ @ 108.18
8 x a @ 79.88
8 X 4 @ 96 .. 57
8 X 6 @ 117.16
8 X 8 @ 154.69
10 X 3 @ 102.27
10 X 4 @ 118.96
10 X 6 @ 138.51
10 X 8 @ 174.94
12 X 3 @ 103.53
12 X 4 @ 122.85
12 X 6 @ 140.64
12 X 8 @ 178.30
12 X 10 @ 238.63
Tapping Sleeve and valve for A.c.
6 X 3 @ 79.42
6 X 4 @ 89.33
6 X 6 @ 110.29
8 X 3 @ 99.86
8 X 4 @ 110.42
8 X 6 @ 128.10
8 X 8 @ 164.46
10 X 3 @ 102.73
10 X 4 @ 120.55
Tapping sleeve and valve for A.c. (contd.)
10 X 6
10 X 8
12 X 3
12 X 4
12 X 4
12 X 8
12 X 10
Wet tie-in
Move machinery
Paving repair - 2 course asphalt per lin. ft.
4 course asphalt per lin. ft.
@ 139.84
~ 178.00
@ 118.53
@ 125.75
@ 154.64
@ 205.09
@ 252.92
@ 150.00
@ 75.00
2.00
5.00
The unit prices above are inclusive of all items not specifically
listed herein which may be necessary to complete the project, except engineerin
The installation of a tapping valve, or tying to an existing cross or tee
fifty feet (501) from the nearest vaLve shall lbe considered a wet tie-in. All
wet tie-ins shall be made by city forces and shall include flushing and
sterilizing all water lines.
Sanitary sewer mains and appurtenances, installed:
For 6" glazed vitrified clay sanitary sewer pipe:
o• 4' per lin. ft. 0.95
4' 6' per lin. ft. 1.00
6' s• per lin. ft. 1.05
B' 101 per lin. ft. 1.15
10 t -12. per lin. ft. 1.30
For 8 .. glazed vitrified clay sanitary sewer pipe:
o• 4' per lin. ft. 1.30
4' 6' per lin. ft. 1.35
6' s• per lin. ft. 1.40
8' 10' per lin. ft. 1.50 to• -12' per lin: ft. 1.65
12 f -14' per lin. ft. 1.94
"¥or 10" glazed vitrified clay sanitary sewer pipe:
o• 4' per lin. ft. 1.63
4' 6' per lin. ft. L68
6' 8' per lin. ft. 1.73 s• 10 1 per lin. ft. 1.83
10' .. 12. per lin. ft. 1.98
12 1 -14'. per lin. ft. 2.28
141 -161 per lin. ft. 2.68
161 .. 18' per lin. ft. 3.18
For 1211 glazed vitrified clay sanitary sewer pipe:
O' 4' per lin. ft. 1.95
4' 6' per lin. ft~ 2.00
6' 8' per lin. ft. 2~05
8' 101 per lin. ft. 2.15
•
.,
Sec. 34-68. Extensions Into Densely Populated Areas by City at own
Bxpense -Payment of Pro Rata Charges by Property Owners.
Where the City Commission finds that in densely populated
areas and in specific locations, due to the absence of water and sewer service,
the public welfare would be best served by making water or sewer main extension
a~ 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 mon~y is available for such purposes, it is the
express policy of the City Commission when expressed by its resolution, to
extend water and sanitary sewer mains into these densely populated areas with-
out a deposit being required from the property owner; provided, however that
when lines are extended following such resolution the property owner shall be
required to pay the pro rata charges established by this article when such
property is connected to the water or sewer main.
Sec. 34-69. Same -Provision For Deferred Payments
When the owner of a lot, or other undivided parcel of land,
the area of which does not exceed one acre, and such owner has not secured an
extension under this provision within the next preceding twelve-month period,
has duly requested in writing and on forms provided by the city engineer, to ma
water and/or sewer extensions abutting the tract of land described in the
application, and said parcel of land is connected with city water service or is
to be connected with such service upon the completion of the requested exten•
sion; the city engineer is authorized to deternt'ine the applicable pro rata
payment to be made for such extension, and to provide the extension:
(1) When the owner applicant of said parcel of land
has paid to the city a minUBum initial payment
of fifteen per cent of the total pro rata charge; and
(2) When the owner of said parcel of land shall have
executed a contract with the city creating a valid
lien against the parcel of land described in the ap~
plication, to secure payment of the deferred part
of the pro rata charge within thirty-six months,
with min~ monthly payments of ten dollars each,
the annual unpaid balance to bear six per cent in-
terest, and further providing for accelerated maturi-
ty with customary provisions applicable to default
in payments; and further providing that the water
and light department is authorized to discontinue
water service to the described parcel of land and
any premises thereon located, if for any reason, the
water service bill and/or any deferred pro rata charge
payment is not paid when due; said contract to
contain such other provisions as the city manager
may deem expedient and in the public interest. The
city manager is further authorized to prescribe and
approve the form of application herein provided for,
and the form of contract required and such other
instruments and requirements as may be deemed necessa
or expedient in making the provisions of this section
adequately affective.
101 -12.
12' -14 1
141 161
161 18'
For manhole standard
For manhole drop
For E.V.F.. Std.
For extra vertical ft. drop
Move machinery
Tie to Std. M.H.
Tie to drop M.B. 0 1-6' (6" & 8"}
Tie to drop M.R. 0-61 (10~ & 12")
E.V.F. drop tie-in ove~ 6!
For 6 x 4 Wyes complete with plug
For 8 x 4 Wyes complete with plug
For 10 x 4 Wyes complete with plug
For 12 x 4 Wy•s complete with plug
For 6" clean out
For 4" v.c.T. riser pipe
For 6~ v.c.T. plug
For 8~ v.c.T. plug
For lO"V.c.T. plug
For 12~ v.c.T. plug
l'aving.repair:
2 course asphalt
4 course asphalt
per lin. ft.
per lin. ft.
per lin. ft.
per lin. ft.
@
~
@
@
@
@
@
@
@
@
@
@
@
@
@
@
@
@
@
per lin. ft.
per lin. ft.
2.30
2.60
3.00
3.50
90.00
105.00
18.00
21.00
75.00
15.00
30.00
32.00 s.oo
1.50
3.00
4.25
5.25
41.00
.60
.35
.50
.75
1.00
2.00 s.oo
The unit prices above are inclusive of all items not specifically liste
herein which may be necessary to produce a complete job except engineering
charges.
Sec. 34-66. Where Front-Foot Rule Inequitable; Ho Vested Rights to be
Acquired Under Article.
The intent and purpose of this article 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 tbi Jcity 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 tbe city, then, in that event,
the city engineer shall dete'I1Dine the proper charges in accordance with the
intent and purpose of this article. No person shall acquire any vested rights
under the terms and provisions of this article.
Sec. 34~67. Adequate Private Water Supply and Satisfactory Sewage
Disposal System R.equired; connections With Water *ins to
be Made by City Water Works Department
With the exception of cases where the applicant has an
adequate private water supply or a satisfactory sewage disposal system, the
city shall not extend water or sewer service unless both services are provided,
except in cases where either city sanitary sewer mains or water mains are not
accessible. All connections with existing city water mains shall be made by
the city waterworks department at the direction of the city'engineer.
u
Sec. 34-~0. Sewer Extension Where Property OWnei:=Does Not a-ve Or
Fropose to have City Water Service; Payment of Pro a.ta
Sewer Charge as a Deferred Pro Rata Sewer Rental Charge.
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 such
property owner is otherwise entitled to a sewer extension under 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:
t
(1) Such property owner applicant, for sewer extension
shall agree as follows:
(a) Applicant shall pay 1St of the sewer pro rata
charge with the execution of this agreement and
shall pay the balancecas 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 becaoe 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 collection is en~
forced 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, servants, or employees are
hereby authorized, without notice to applicant
(and applicant expressly waives notice), to dis-
~onnect the sewer extension serving applicant's
parcel of land and thereafter city shall be under
no duty to furnish sewer service to applicant's
parcel of land until applicant bas paid all moneys
due to the city as well as the cost of disconnection
and reconnection to the city sewer system as
estimated and/or determined by the city engineer.
Applicant agrees to at all t~es defend, indemnify
and otherwise hold the City of Lubbock, its
agents, servants and employees barmless of and
fran any and all claims, demands, actions, causes
of action, suits at law· and in equity and costs
of whatsoever kind or nature which may grow
out of or relate to or in any manner be connected
with the making and carrying out of this agreement
including but not limited to the construction,
I
" .
\ ...
(
reconstruction, maintenance, disconnection, 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 or
assessed by the city against property owners in the city.
(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 in-
debtedness herein created and applicant agrees to the fixing
of a mechanics and materialmen's lien upon said parcel of land
and premises to secure said indebtedness until said indebted•
ness is fully paid off and discharged. Applicant hereby waive
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 offi e
of the county clerk of Lubbock county, Texas.
(c) This agreement is made subject to all applicable provisions of
the Lubbock City code, ordinances, resolutions, and regulation ,
with.respect to sewer service, extension, connection, discon-
nection, reconnection, construction, reconstruction and
ma~ntenance and any other matters related thereto.
(d) Applicant warrants and represents that no extensions for sewer
have been secured for the deferred pro rata rental charge from
the City of Lubbock within the next precedin'g 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 encumbrances except taxes against said
parcel of land, the applicant shall, if possible, if requested
to do so by city, secure froro the holder of said encumbrance a
subordination of said encumbrance to the lien created by this
agreement.
(2) The City Manager is hereby authorized to execute all contracts and other
~n~truments necessary or convenient to the carrying out of the purposes of this
sectiono
SECTION 2. Any person, firm, or corporation violating any provision
of this ordinance shall be guilty of misdemeanor, and shall upon conviction be
fined in any sum n~t to exceed 'lWO HUNDRED ($200.00) DOLlARS.
SECTION 3. The City Secretary shall cause-the-pubiication of the
caption and penalty clause of this ordinance once a week for two consecutive
weeks in a newspaper regularly-published in the City of Lubbock as an alternate
method of publication as provided by law, and this ordin,nce shall become
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effective immediately upon the date of final passage thereof.
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SECTION 4. If any section, paragraph, subdivision, clause, phrase or
provision of this Ordinance shall be judged invalid or held unconstitutional,
the same shall not in any manner be so construed as to effect the validity of
the remainder of this Ordinance as a whole or any part or provisions thereof
other than the part so decided to be invalid or unconstitutional.
AND IT IS SO CBDERED
Fassed by the City Commission on first reading this 8th day of March, 1962.
Passed by the City Commission on second reading this 22nd day of March, 1962.
A'r!EST:
reasurer