HomeMy WebLinkAboutOrdinance - 9345-1990 - Amending Chapter 28 Code Of Ordinances Amending Section 28-164. - 03/22/1990DGV:da
Fi.rst Reading .
March 22, 1990
Item --#23
Second Reading
April 12, 1990
Item #9
ORDINANCE NO. 9345
AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF THE
CITY OF LUBBOCK, TEXAS, BY AMENDING SECTION 28-164 WITH REGARD TO TIME
PAYMENT OF WATER AND SEWER PRO RATA CHARGES; BY ADDING A NEW SECTION 28-167
PERTAINING TO FIXING OF LIENS AGAINST PROPERTY FOR ALL COSTS WHEN SEWER
CONNECTION IS REQUIRED BUT HAS NOT BEEN ACCOMPLISHED; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
WHEREAS, the City Council of the City of Lubbock deems it to be in
the best interest of the citizens of the City of Lubbock to provide an
alternative payment plan on water and sewer pro rata charges for
owner/occupants of very low income within the City of Lubbock; and
WHEREAS, the City Council of the City of Lubbock deems it to be in
the best interest of the citizens of the City of Lubbock to provide for
liens to be placed upon the property of property owners who fail to obtain
connection to the City of Lubbock sewage system within a reasonable period
of time when an unsanitary condition exists due to an inadequate sewage
disposal system; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Section 28-164 of the Code of Ordinances of the City
of Lubbock, Texas, is hereby amended by designating the existing language
as paragraph (a) and adding thereto a new paragraph, which shall read as
follows:
(b) When the owner/occupant of a single-family
dwelling, 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 (12) month period, has duly requested
in writing on forms provided by the director of water
utilities, to make water and/or sewer extensions abutting the
tract of land described in the application, and said parcel of
land is connected with city water or sewer service or is to be
connected with such service upon the completion of the
requested extension, the director of water utilities is
authorized to determine the applicable pro rata payment to be
made for such extension and to provide the extension:
(1) When the owner/occupant establishes to the
satisfaction of the director of water utilities
that the owner/occupant has an income that does not
exceed the amount listed for an equivalent family
of very low income on the table for Lubbock, Texas,
prepared and distributed annually by the U.S.
Department of Housing and Urban Development; and
I . I
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(2)
(3)
When the owner of said parcel of land has paid to
the city a minimum initial payment of five (5)
percent of the total pro rata charge; and
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
application, to secure payment of the deferred part
of the pro rata charge within sixty (60) months, by
means of equal monthly payments with the annual
unpaid balance to bear six (6) percent interest,
and further providing for accelerated maturity with
customary provisions applicable to default in
payments; and further provided that the water
department is authorized to discontinue water
service to the described parcel of any 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 necessary or
expedient in making the provisions of this section
adequately effective.
SECTION 2. THAT the Code of Ordinances of the City of Lubbock,
Texas, is hereby amended by adding a section to be numbered 28-167, which
shall read as follows:
(a) In the event that connection to the city sewer
system is required by Section 28-73 of this Chapter and the
owner of such property fails to do so within the time provided
for such connection, the director of water utilities may direct
such connection to be made in the interest of public health and
require a lien for all expenses of such connection, including
the sewer pro rata charge, to be fixed against such property.
(b) The director of water utilities shall give the
owner of such property written notice of the date that such
connection is to be made by the city and give the owner of such
property a minimum of ten (10) days from the date of notice to
request an opportunity to show why such connection to the city
sewer system should not be made and the charges therefor
assessed as a lien against the property as permitted by state law.
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SECTION 3. THAT should any paragraph, section, sentence, phrase,
clause or word of this Ordinance be declared unconstitutional or void for
any reason, the remainder shall not be affected thereby.
SECTION 4. THAT the City Secretary is hereby authorized and directed
to cause publication of the descriptive caption of this Ordinance as an
alternative method of publication provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this _2_2n_d_ day of
March , 1990.
Passed by the City Council on second reading this 12th day of
April , 1990. ---
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4C~}~ B.C. McM~MAYOR
I , _--· i ATTEST:
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. ~· .,.· ~ ..
ities
APPROVED AS TO FORM:
/~~.~,oW( ~aniver, FirsAssfsant
City Attorney
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R-417
THE STATE OF TEXAS
COUNTY OF IfcBBPf~ rY Before Jlle O n ·en . a NotarY. PMblif J~ and for Lubbock County, Texas on this day
personally appeart>d T • J • Au f i I I ' A c c O u n Ma a of the Southwestern Newspa-
pers Corporation, publishers of the Lubbock Avalanche-Journal -Morning, and Sunday, who being by me duly
sworn did depose and say that said newspa~r .has been published continuously for more than fifty-two weeks pri-
or to the first insertion of this-=-' -=e-=E!:.:a:..:l=---n:.:..::o.;..;.t:..:1=-c=-e::_ _____________________ _
--------~-.......---___.No. 824009 at Lubbock County, Texas and·the attached print-
ed copy of the I e E! a I n ° t 1 c e j!: a true copy of the original and was printed in the Lub,bocl5~~;
Avalanche-Journal on the following dates :_...:.A.:.::P=-r=-=-i-=-1--=1::..;4;_;,c.......;2=l...:..• _1_9_9_O ____________ :_._
LUBBOCK AVALANCHE-JOURNAL
Southwestern Newspaper Corporation
Subscribed and sworn to before me thi . .:1..s_=2...:.9 ____ day o
FORl\158-lO
SECXINO READING QR:0111,i;NCES
OROl~ANCI! NO. 9W
AN ORDINANCE /l9ANOON•
ING ANO CLOSING PORTIONS OF /l STORM WATER DRAIN•
/lGE ANO STORAGE E~EMENT LOCATED IN SOUTHWEST COM· MERCIAL PARK /.ODITION TO THE CITY OF LUBBOCK, LUB•
BOCK COUNTY, TEXAS. ANO
MORE PARTICULARLY DE•
SCRIBED IN THE BODY OF THIS \ ORDINANCE; DIRECTING THE I CITY ENGINEER TO MARK THE
OFFICIAL MAPS OF THE CITY '
OF LUBBOCK TO REFLECT
SAID ABANDONMENT AND
CLOSING; PROVIDING A SAV•
INGS CLAUSE: AND PROVIDING
FOR PUBLICATION.
ORDINANCE NQ0'5"
AN ORDINANCE AMEND•
ING CHAPTER 28 OF THE CODE
OF ORDINANCES OF THE CITY
OF LUBBOCK, TEXI-.S. BY
AMENDING SECTION 21·16'
WITH REGARD TO TIME PAY·
MENT OF WATER ANO SEWER
p'Ro RATA CHARGES; BY ADD-
ING A NEW SECTION 2&-167 PER· TAINING TO FIXING OF LIENS AGAINST PROPERTY· FOR ALI. COSTS WHEN SEWER CONNEC•
TION IS REQUIRED euT HAS
NOT BEEN ACCOMPLISHED;
PROVIDING A SAVINGS CLAUSE : AND PROVIDING FOR PUBLICA-I
TION. --······-
January
.·
ORDINANCE NO. n<6
AN ORPINANCE AMEND• ING ZONING OltDINANCf; NO.
701• ANO THE OFFICIAL MAP
OF TH_E CITY OF LUBBOCK
MAKING THE FOLLOWING
CHANGES: ZONE CASE NO.UU;
.ZOMING~..FROt.\ M-2 TO M-2 SPECIFIC use PERMIT ..
FOR A 410' GUYED ANTENNA
TOWER ON A TRACT OF LAND
OUT OF SECTIONS 1 & ._ BLOCK
S, LUBBOCK,-TEXAS; PROVID-
ING A PENALTY; PROVIDING A
SAVINGS CLAUSE ANO PROVID-
ING FOR PUBLICATION.
ORDINANCE NO. f3.0
AN ORDINANCE AMEND•
ING ZONING ORDINANCE NO. 70U ANO THE OFFICII-.L MAP .
OF THE CITY OF LUBBOCK !
MAKING THE FOLi.OWiNG
CHANGES: ZONE CASE NO.~: A ZONING CHANGE FRCM R·l
TO A·2 ZONING, LIMITED TO
CHURCH USES. ON LOTS 16 & 17,
KEN BOZEMAN ADDITION
LUBBOCK. TEXAS; SUBJECT TO
CONDITIONS; PROVIDING A
PENALTY; PROVIDING A SAV-
INGS CLAUSE AND PROVIDING
FOR PUBLICATION.
ORDINANCE NO.'34
AN ORDINANCE AMEND-ING CHAPTER 2, ARTICLE X OF THE COOE OF ORDINANCES OF THE CITY OF LUBBOCK. TEX· AS, BY ADDING THERETO SEC• TIONS 2-270 THROUGH 2-272 WHICH CREATE ANb ESTAB· LISH ANO ADVISORY COMMIT• TEE TO THE PARK AND REC." REATION BOARD OF THE CITY OF LUBBOCK AND OUTLINE THE DUTIES ANO COMPOS!• TION OF SUCH COMMITTEE: PROVIDING 11. &AVINGS CLAUSE; ANO PROVIDINC ~OR f'UILICATION . ... ,1