HomeMy WebLinkAboutOrdinance - 9210-1988 - Amending Section 28-147 Clarify Prorata Front Foot Rates - 06/23/1988JPB:da
First Reading
June 23, l9B8
Item 7
Second Reading
July 14, 1988
Item 7
ORDINANCE NO. 9210 I
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I AN ORDINANCE AMENDING SECTION 28-147 OF THE LUBBOCK CITYICODE TO
CLARIFY PRO RATA FRONT FOOT RATES; AMENDING SECTION 28-148 OF lHE LUBBOCK CITY CODE TO CLARIFY FRONT FOOT PRO RATA RATES ON PROPERTY ALR~ADY
PLATTED; AMENDING SECTION 28-150 OF THE LUBBOCK CITY CODE TO CHANGE
DETERMINING PERSON TO BE THE DIRECTOR OF WATER UTILITIES FOR S]ZE OF
SEWER LINES; AMENDING SECTION 28-153 OF THE LUBBOCK CITY CODE lO ADD AN
ILLUSTRATION THERETO TO CLARIFY WHEN THE COST OF LARGE MAINS I~ PARTIALLY
PAID BY THE CITY; AMENDING SECTION 28-154 OF THE LUBBOCK CITY C.ODE TO ADD
ILLUSTRATIONS TO CLARIFY COST OF EXTENSION PROVISIONS; AMENDING SECTION
28-155 TO REVISE DEVELOPER INSTALLATION PROVISIONS AS REGARDS UJILITIES;
AMENDING SECTION 28-157 OF THE LUBBOCK CITY CODE TO CLARIFY SU~VEYING
REQUIREMENTS; AMENDING SECTION 28-158 OF THE LUBBOCK CITY CODE TO REVISE
CONTRACTS FOR REFUNDS PROCEDURE; AMENDING SECTION 28-160 OF THE\ LUBBOCK
CITY CODE TO ADD A UNIT PRICE FOR TRENCH SHORING REQUIRED BY A SEPARATE
STATE STATUTE; AMENDING SECTION 28-164 OF LUBBOCK CITY CODE TO CLARIFY
THE DEFINITION OF A PROPERTY OWNER; PROVIDING A SAVINGS CLAUSE ~NO
PROVIDING FOR PUBLICATION. I
WHEREAS, the matter of clarifying the provisions of Article IV of
Chapter 28 of the Code of Ordinances of the City of Lubbock (entitled
"Extended Service Charges") has been referred to a study committee, and
after extensive study and deliberations said committee has made its
recommendations which have been reviewed by the staff of the City of
Lubbock and their recommendations have been made for the consideration of this City Council; and,
WHEREAS, after due consideration of the City Council, it is hereby
found and determined after due consideration of such committee and staff
recommendations, that various provisions of Article IV of Chapter 28 of
the Code of Ordinances of the City of Lubbock should be amended to
clarify such provisions in the public interest and welfare; NOW
THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT there is attached to this Ordinance, here~nafter
called "attachment", a complete copy of ARTICLE IV, entitled EXT~NDED
SERVICE CHARGES, Sec. 28-146 through Sec. 28-165, Code of Ordinances of
the City of Lubbock, Texas, as same shall exist after the adoption of
this amendatory Ordinance. All sections, paragraphs or subparagraphs of.
said Article IV not hereinafter specifically amended are included in the
attachment only as a convenience to the publisher and for the citizens
and staff currently operating under this article and such unamended
provisions shall not be construed as modified, altered, amended or
otherwise affected by this Ordinance in any particular whatsoever.
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SECTION 2. THAT Sec. 28-147(c} of the Code of Ordinances of the
City of Lubbock, Texas, is hereby amended by deletion of the words
"dwelling places," from the second full sentence thereof and the
substitution for such deleted words of the words "single-family
dwellings," to the end that said Sec. 28-148(c) will hereafter read as
same appears in the attachment hereto, to which attachment reference is
here made for more certainty.
SECTION 3. THAT Sec. 28-147(d) of the Code of Ordinances of the
City of Lubbock, Texas, is hereby amended by the insertion following the
existing provisions of said Sec. 28-148(d) of the additional illustrative
plat and explanatory matter thereunder, all as same appears in the
attachment hereto, to which attachment reference is here made for more
certainty.
SECTION 4. THAT Sec. 28-147(e) of the Code of Ordinances of the
City of Lubbock, Texas, is hereby amended by the deletion of the last
sentence thereof starting "Should such property ••. " and ending " ••• of
this article shall apply." and then further amended by the substitution
for such deleted matter of a new sentence to read hereafter "Should such
property be resubdivided whereby water and/or sewer main extensions are
required to serve the same, the developer shall pay the cost of utilities
for redevelopment." As so amended Sec. 28-147(e) will read as same
appears in the attachment hereto, to which attachment reference is here
made for more certainty.
SECTION 5. THAT Sec. 28-147(e) of the Code of Ordinances of the
City of Lubbock, Texas, is hereby further amended by the addition and
insertion of the example text, the illustrative plat and explanatory
matter thereunder, all as same appears in the attachment hereto, to which
attachment reference is here made for more certainty.
SECTION 6. THAT Sec. 28-148(a) of the Code of Ordinances of the
City of Lubbock, Texas, is hereby amended by the insertion of the word
"residential" in the first line of the first sentence thereof immediately
before the word "property", to be end that said Sec. 28-148(a} will read
hereafter as same appears in the attachment hereto, to which attachment
reference is here made for more certainty.
SECTION 7. THAT Sec. 28-148(a) of the Code of Ordinances of the
City of Lubbock, Texas, is hereby amended by the addition and insertion
of the illustrative plat and explanatory matter thereunder, as same
appears in the attachment hereto, to which attachment reference is here
made for more certainty.
SECTION 8. THAT Sec. 28-148(b) of the Code of Ordinances of the
City of Lubbock, Texas, is hereby amended by the addition and insertion
of the illustrative plat and explanatory matter thereunder, as same
appears in the attachment hereto, to which attachment reference is here
made for more certainty.
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SECTION 9. THAT Sec. 28-148 of the Code of Ordinances of the City
of Lubbock, Texas, is hereby amended by the addition and insertion of two
new subparagraphs (c) and (d), which new subparagraphs including text,
illustrative plats and explanatory matter thereunder, will hereafter read
as same appears in the attachment hereto, to which attachment reference
is here made for more certainty.
SECTION 10. THAT Sec. 28-150(c) of the Code of Ordinances of the
City of Lubbock, Texas, is hereby amended by the deletion of the words
"city engineer" at the end of the second sentence thereof and the
substitution for such deleted words of the words "Director of Water
Utilities.", to the end that said Sec. 28-150(c) will hereafter read as
same appears in the attachment hereto, to which attachment reference is
here made for more certainty.
SECTION 11. THAT Sec. 28-153 of the Code of Ordinances of the City
of Lubbock, Texas, is hereby amended by the addition and insertion of the
illustrative plat and explanatory matter thereunder, all as same appears
in the attachment hereto, to which attachment reference is here made for
more certainty.
SECTION 12. THAT Sec. 28-154 of the Code of Ordinances of the City
of Lubbock, Texas, is hereby amended by the addition of a new paragraph
(c), which new paragraph including both subparagraphs 1 and 2 and all
text, illustrative plats and explanatory matter thereunder, to the end
that said Sec. 28-154(c) will hereafter read as same appears in the
attachment hereto, to which attachment reference is here made for more
certainty.
SECTION 13. THAT Sec. 28-155 of the Code of Ordinances of the City
of Lubbock, Texas, is hereby amended by the deletion in its entirety of
all existing provisions thereof, including paragraphs (a) through (d),
inclusive, and the substitution therefore of the new provisions of Sec.
28-155, including paragraphs (a) through (f) thereof, as same appears in
the attachment hereto, to which attachment reference is here made for
more certainty.
SECTION 14. THAT Sec. 28-157(f) of the Code of Ordinances of the
City of Lubbock, Texas, consisting of one sentence starting "No
construction of water •.. " and ending " ... by the extensions.", is hereby
amended by the deletion thereof and the substitution therefor of the
sentence "No construction of water and/or sewer facilities will be
started until the developer's surveyor has properly staked on the ground
with iron pins, all points of curve and tangency, all block corners and
control points." That said Sec. 28-157(f) will accordingly read
hereafter as same appears in the attachment hereto, to which attachment
reference is here made for more certainty.
SECTION 15. THAT Sec. 28-158(a) of the Code of Ordinances of the
City of Lubbock, Texas, is hereby amended by the deletion of said
paragraph (a) in its entirety, and the substitution therefor of the new
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text for said paragraph (a) as same appears in the attachment hereto, to
which attachment reference is here made for more certainty.
SECTION 16. THAT Sec. 28-158(d) of the Code of Ordinances of the
City of Lubbock, Texas, is hereby amended by the deletion in its entirety
of the last sentence thereof which starts with the words "when there is
an extension ... " and ending with the words " ... for these extensions.",
and by the substitution therefor of a new final sentence in said
paragraph (d) which starts with the words "when there is an extension
made •.. " and ending " ... by the temporary extension." to the end that Sec.
28-158(d) shall hereafter read as same appears in the attachment hereto,
to which attachment reference is here made for more certainty.
SECTION 17. THAT Sec. 28-160(a) of the Code of Ordinances of the
City of Lubbock, Texas, is hereby amended by the addition and insertion
of a new provision as to unit price in calculating the costs of water
and/or sewer mains and appurtenances installed, of a new cost for trench
shoring to comply with the mandates of state statute, which new provision
shall be inserted at the end of Sec. 28-160(a) and which shall read: "For
both water and/or sewer mains there shall be added a unit price in
calculating the unit cost of extension for trench shoring, 5 feet to 10
feet cuts, at $3.50 per linear foot." That hereafter such addition to
Sec. 160(a) shall read as same appears in the attachment hereto, to which
attachment reference is here made for more certainty.
SECTION 18. THAT Sec. 28-164 of the Code of Ordinances of the City
of Lubbock, Texas, is hereby amended by deleting from the first line of
the first sentence thereof of the words " .•. lot, or other undivided
parcel of land, .•. " and by the substitution therefor of the words
" •.. single-family dwelling, ... ", to the end that section will hereafter
read as same appears in the attachment hereto, to which attachment
reference is here made for more certainty. Subparagraphs (1) and (2) are
not affected by this Ordinance.
SECTION 19. THAT all sections of Article IV, Sec. 28-146 through
Sec. 28-165, Code of Ordinances of the City of Lubbock, Texas, !not
specifically amended above, included all paragraphs and subpar~graphs
thereof not specifically amended or modified above, shall be whiolly
unaffected by this Ordinance and shall remain as originally ena,cted and
effective from and after the effective date of such original en;actment.
SECTION 20. THAT should any paragraph, sentence, clause, phrase or
word of this Ordinance be declared unconstitutional or invalid for any
reason, the remainder of this Ordinance shall not be affected thereby.
SECTION 21. Those notations appearing in parentheses at the end of
sections or certain paragraphs of sections in the attachment and
referring to ordinance numbers, sections and dates, are historical
references by the publisher only, and shall not be construed as part of
this Ordinance for any purpose.
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SECTION 22. THAT the City Secretary is hereby authorized to cause
publication of the descriptive caption of this Ordinance as an
alternative method provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this the 23rd June , 1988.
day of
Passed by the City Council on second reading this the 14th day of
July , 1988.
IJ. ('_,&. ~~
'B. C. McMHUI(,MAYOR 1
ATTEST:.
:Q.' ··.~~
:: ~..<
·-_ 1 ~Boyd, City Seceta
APPROVEO-AS TO CONTENT:
~~ Utilities
APPROVED AS TO FORM:
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VA'lE.ll. AND SEWERS
AB.TICLE IV. EXTENDED SEB..VJ:CE CHAaGES
See. 28-146. 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 rata 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. (Ord. No. 3772, para. 1, 3-22-62;
Code 1959, para. 34-51)
See. 28-147. Pro rata charges for water and{or sewer service
(a) When a person desires water and/or sewer service to property that
requires an extension of existing facilities to provide service adjacent to
the property or when the service connection will be made to a line ·
constructed after April 1, 1952, the person desiring service shall pay a
nonrefundable charge hereafter called the pro rata. This charge shall be as
follows:
1. Six dollars and fifty cents ($6.50) per front foot of lot or tract
of of land which sewer service is to be provided; .. and .. ,.
2. Six dollars and seventy-five cents ($6.75) per front foot of lot or
tract of land to which water service is to be provided; and as more
specifically provided herein.
(b) When an extension of water and/or sewer facilities is required to
serve the property, the costs of which exceed the pro rata charge as defined
above, the person desiring service shall pay the total cost of the extension
required for domestic and/or fire protection service as provided in sections
28-148 and 28-149 and shall be refunded as provided herein that portion of
the costs that exceeds the pro rata charge.
(c) 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 (150) feet. Where lots or
tracts have greater depth than one hundred fifty (150) feet from the front
street line, and are occupied, or are to be occupied exclusively as
single-family dwellings, 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.
(d) Where 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 twenty (120) square feet of area, or the
average frontage of such lots or tracts, whichever is less.
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ADAMS ST.
WASHINGTON ST.
50' + 50' -2 • so• front&i•
WASH\NG1'0N
co• j 80' • 60' frontage
(e) Where lots or tracts are intended to be used for other than
single-family dwelling purposes, the pro rata charge shall be paid on the
frontage on all streets which the property may abut. Should such property be
resubdivided whereby water and/or sewer main extensions are required to serve
the same, the developer shall pay the costs of utilities for redevelopment.
(Ord. No. 3772, para. 1, 3-22-62; Ord. No. 4914, para. 1.
Example: Where subdivided tracts or land are to be developed as a unit
for shopping centers, apartment sites, industrial sites, or other similar
uses, the applicant will pay frontage charges on street frontages as outlined
for business properties! Any mains extended through or into such tracts. for
service to individual buildings will be built at the applicant's expense .. in
easements or alleys in accordance with Sec. 28-151 and Ord. No. 8567
(Subdivision Regulations). In the case of standard mains being built in
streets or utility easements at the request of the city, refunds on such
mains will be made to the applicant .
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"'--'::'~------~ I L PEACH ST.
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Frontage charges would be baaed on the following frontagesr
Apple Street 600' Peach Street 500'
Pear Street 600'
Frontage charge footage 1,100'
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REFUNDA8l.E
Frontage charge would be made on Streets A and B frontage1
400' + 500' • 1,000'
Water and sewer mains in alley
would be built according to Sections 158 and 160.
..
Sec. 28-148. Pro rata on property already platted.
(a) A payment of the water and/or sewer pro rata charges on residential
property already platted shall entitle the person desiring service to acquire
a connection to the water and/or sewer lines in accordance with this code
when the line 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 one hundred fifty (150) feet when the service
line is not adjacent to his property; provided, however, that only one such
one hundred fifty (150) foot free extension may be provided any person in any
calendar year. When the nearest service line is more than one hundred fifty
(150) feet distance to the property on which service is desired, the person
desiring service shall pay the total cost of the 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.
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CR EASEMENT
Applicant has made arrangements for service. Since
Lot 3 ia served, its side footage is exempt, also the twenty feet (20') across the alley. There-maining footage across Lots (, 5, and 6 ia not greater than one hundred fifty feet (150'). The extension can be made.
...
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(b) When two (2) or more individuals desire water and/or sewer service
and the nearest individual is more than one hundred fifty (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 one hundred fifty (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. (Ord. No.
3772, para. 3·22-62; Code 1959, para. 34-53) ·
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10
12
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5
&d
110 110 IKI
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&d &d rd
Five applicants have made arranagements for service. Since the distance between applicants is not 9reater than one hundred fifty feet (150'), streets excluded, the extension can be made.
(c) An exception to the one hundred fifty (150) foot rule shall be made
where two or more individual applicants desire water and/or sanitary service
and the nearest applicant is more than one. hundred fifty (150) feet from
existing mains; the city shall extend its mains upon receipt of payment of
the frontage charges due under these regulations provided "there is one ··
customer for every one hundred fifty (150) feet of such extension, excluding
street intersections and that portion of the extension adjacent to property
already having other than temporary water and/or sanitary sewer service.
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Four applicants (Lots 11, 12, 13, and 14) have made arrangements for service. An extension of six hundred feet (600') is required. There are four (4) applicants for the six hundred feet (600'), one applicant per each one hundred fifty feet (lSO'). The extension could be made.
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(d) At the option of the city the following method for extending water
and/or sanitary sewer mains may be used where the applicant's property is
more than one hundred fifty (150) feet from an existing water or sewer main.
This method shall be available only by an individual owner, personal or
corporate, to secure water and sanitary sewer service for the individual
residence or business. Where eligible for this option, the applicant may
advance and pay unto the city the entire footage charges as set forth in this
article on all property served by the desired main extension, less the one
hundred fifty (150) feet allowable; and the city, when such money has been
deposited with the Director of Utilities, will construct the desired water
and/or sewer mains along a street, alley, or easement. The frontage ·charge
advanced on both sides of the street for the frontage of the connecting
property shall be refunded by the city to the applicant making the original
deposit. At such time as sufficient frontage is connected so that the
original applicant who advanced total frontage charges should be eligible for
extension refunds under provisions of these regulations, such applicant shall
be refunded the remainder advanced except for the footage charges on the
property for which the extension was originally made. For all contracts made
after the effective date of this ordinance, the term of the contract shall be
fifteen (15) years and the City shall not be liable for refund after the term
of the contract. No interest shall be paid by the City for any money which
refunds ar~ due.
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7 e 0
fOd IOd tOO' .• c== PROPOSED 8 ALLEY OR EASEMENT
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The applicant, Lot 41 requests service and a 450' main extension
will be required, The first 150' is not charqed. On the balance of ~he extension applicant pays total cost or pro-rata,
'Whichever is qreater. Applicant is refunded all cost qreater than his 100' pro-rata upon payment of pro-rata charges on
adjacent property. Refunds are acc:orcling to Section 28-158.
Sec. 28-149. Pro rata and extensions to property being platted.
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(a) When the 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.
(b) That portion of the cost paid by the owners or :developers which is
in excess of the pro rata charges shall be refunded as provided herein.
(Ord. No. 3772, para. 3-22-62; Code 1959, para. 34-54)
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Sec. 28-150. Size of service lines and meter.
(a) 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 1/2) inches per lot for each seventy-five (75)
feet of frontage. Payment of the pro rata shall permit the propeFty .owner to
acquire a maximum water tap and meter of one and one-half (1 1/2) inches or
the equivalent in two (2) or more meters per lot of each seventy-five (75)
feet of frontage.
(b) Yhen water service larger than one and one-half (1 1/2) inches is
desired, the property owner desiring such service shall pay the additional
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 1/2) inches after payment of their
proportionate part of the cost of the original extension.
(c) When sewer service larger in capacity than required for a
single-family dwelling is desired, the property owner desiring such service
shall pay the additional cost of extending or reconstructing a line Qf
adequate size to provide the service desired. Adequate size shall be ~
determined by the Director of Yater Utilities. The additional cost for ··
making such an extension shall be refunded only when property adjacent to the
extension obtains service greater than that required for a single-family
dwelling, after payment of their proportionate part of the cost of the
original extension, or the pro rata service charges, whicever is greater.
(Ord. No. 3772, para. 1, 3-22-62; Ord. No. 4914, para 2,2-10-66; Code 1959,
para. 34-55)
Cross reference -Fire prevention and protection, Ch. 11.
Sec. 28-151. Location for service connection.
(a) Yater and/or sewer service shall only be provided to property from
dedicated alleys or comparable easements except:
1. In certain manufacturing zones where alleys or easements were
not required by the planning and zoning commission.
2. Yhere the City Council finds that in specific locations, in
order to avoid and eliminate extremely unhealthful conditions
which are contributing factors to epidemics, it is the express
policy of the City Council, when expressed by its resolution, to
provide water and sewer service from the street.
(b) Yater service for private fire protection systems requiring service
lines greater than three-fourths the size of the waterline in the alley or
ease~ent may be provided from street mains with the person receiving such
service to pay the total cost including paving repair of the tap and
extension to the property line. (Ord. No. 3772, para. 1, 3-22-62; Code 1959,
para. 34-56)
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Sec. 28-152. Pro rata fttnds; deposits, charges.
(a) There shall be a pro rata water fund and a pro rata sewer fund
maintained as a part of the city's accounts. The director of finance shall
provide procedures and supervise accounting for all monies received from pro
rata payments, funds expended for extensions and refunds made as herein
provided.
(b) All monies received for water pro rata payments shall be credited to
the water pro rata fund and all monies received for sewer pro rata payments
shall be credited to the sewer pro rata fund.
(c) Payment of the pro rata or total cost of the extensions as provided
herein shall authorize the director of water utilities 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 the water pro rata 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 be charged to the sewer pro rata fund. (Ord. No. 3772, para. 1,
3-22-62; Ord. No. 6028, para. 1, 2-11-71; Code 1959, para. 34-57)
Sec. 28-153. Cost of large mains may be partially paid by city •
• lrfuen the utility plan of the city requires the extension of a line
larger than that determined by the director of water utilities 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. The city will participate only in
the cost of lines larger than twelve (12) inches. (Ord. No. 3772, para. 1,
3-22-62; Ord. No. 8017, para. 3, 3-27-80; Code 1959, para. 34-58)
* * * * * * * * * * * * * * * * *
J I I I I I f I I I I I I I I I I I I I I I I I 1 I I I I I I OWNE'O 8'1" OTHERS I I I I I I l : : l I : I : i ' ALLEY OR E'ASEMENT
G It• PROPOSED te• /
PROlSEO s!BOIVISilN
I I I
In above, upon acceptance of the wort, the developer will be refunded
the difference between evaluated coats of a sixteen inch (16•) main and a twelve inch 112•1 main.
Sec. 28-154. Costs of extensions.
(a) The estimated costs of the water and/or sewer extensions required to
serve the property on which the pro rata is to be paid shall be based on the
plans for the extensions by the director of water utilities and the unit
price shall be those adopted herein. The city shall use the unit prices
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included herein in the determination of the value of the system installed by
private contractor for the developer or may at the city's discretion require
the developer to receive 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 herein shall be determined by
the unit prices provided herein, or at the city's option, by competitive
bids.
(b) The costs of the extensions shall include engineering costs,
materials, labor, paving repair and any other costs necessary to complete the
facility required to serve the property on which the pro rata is paid. (Ord.
No. 3772. para. 1, 3-22-62; Code 1959, para. 34-59)
(c) Extensions within the Subdivision or Other Properties to be
Developed.
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1. Developers of such subdivision or other property will defray the
entire cost of water and/or sanitary sewer system within their
subdivision except that the city will refund the oversize cost of any
water main or sanitary sewer main larger than twelve (12) inches in
size unless a larger size is required to serve the subdivision in
question. Size of mains for adequate service shall be determined by
the Director of Utilities and his decision shall be final. Refunds
for oversize cost will be made according to Section 28-158.
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* *· MAINS TO BE EXTENDED
* * * *
ln above subdivi;ion. the mains are on-site. Total coat to be borne by the developer.
2. Main lying along one or more sides of a subdivided tract:
- 8 -
TO SUSOIVISION UMITS
'•.
For mains twelve (12) inches and smaller, the developer will be
refunded one·half the evaluated cost of the size main constructed as set
forth, such refunds will be made as provided in Sec. 28·158.
* * * * * * * * * * * * * * *
J I • I I I I I I I
I I I ' I I I I I
I I • ' I I I I I I I DWNED BY OTHER$ 1 I I I I ! ! : : I I I I I t I
AlLEY OR EASEMENT
G a• PROPOSED a• ../
PROPlSEO JaOIVISllN I I I
In above, since the ••in extension pictured serves property owners by
others as well as the subdivision, the developer will be refunded one-
half of the evaluated cost of the .ain according to Section 28-lSB.
See. 28-155. Developer Installation
(a) Installation by Dev~lopers by Private Contract.
1. Upon approval by the city, a developer of an addition or plat·· may
design and prepare construction plans of water and sanitary ' ..
facilities, or either of them, to serve the subdivision including any
access or off-site facilities that may be required. These plans shall
conform in all details to the city's standard as to design, grade,
location, size, and quality of materials and construction.
2. Plans and profiles submitted by the developer's engineer shall be
inked on standard 24" x 36" sheets of tracing mylar. Plans and
profiles shall be shown scaled as per City standard. All relative
existing or subsurface utility lines and obstructions shall be shown.
The engineer submitting the plans and profiles must be a registered
Professional Civil Engineer in the State of Texas, and he must affix
his seal and signature to the tracings of all plans and profiles.
3. Upon preliminary approval of the plans by the City of Lubbock, the
developer may enter into a contract with any bonded utility contractor
to construct the system as so planned; provided, however, that the
construction and installation of the water mains and sanitary sewer
mains, or either of them, shall be supervised by inspectors of the
city to see that the installation is made in accordance with the plans
and the city's standard specifications which, in every instance, shall
be part of said installation contract.
4. Also upon preliminary approval, the developer's engineer will
submit an engineering estimate of the construction costs and deposit
with the ~ater Utilities Department two percent (2\) of the
engineering estimate to cover the cost of plan review and inspection
by the city personnel plus the estimated cost of any construction
required to be accomplished by city crews. The Developer will pay the
- 9 -
...
difference between the deposit and the two percent (2%) of the actual
construction cost or the city will refund the excess amount between
the two percent (2\) of the actual construction cost and the deposit
if the two percent (2%) of the actual construction cost is less than
the amount deposited.
5. Vhen the project is ready for construction and the plat has been
approved by the city, line arid grade stakes will be set by the
developer's engineer. These stakes will not be set, however, until
the developer's engineer or surveyor has properly staked on the ground
with iron pins all points of curve and tangency, all block cor,ners,
and control points.
6. The complete tracings reflecting actual constructed water and
sanitary sewer facilities shall be submitted to the Water Utilities
Department for final approval. Following final approval the as
constructed tracings shall be returned to the City and become
permanent property of the City of Lubbock.
(b) Alternate Method of Providing Utilities Under Private Contract ..
Upon written request by the developer, the city will design and
prepare construction plans of water and/or sanitary sewer facilities
to serve a subdivision in accordance with Sec. 28-157. With this
alternate method of providing for city utilities under private ··.
contract, the developer will deposit with the Utilities Division six
percent (6%) of the engineering estimate to cover the. cost of staking,
engineering, and inspection by city personnel plus the estimated cost
of any construction required to be accomplished by city forces. The
final cost and engineering will be adjusted upon completion of the
particular project to reflect six percent (6%) of the actual cost.
(c) The developer will include the necessary sewer and water taps to
the property line to serve all lots in the subdivision. These taps are to be
constructed to the City of Lubbock standard. All water and sanitary sewer
mains will be constructed in the sequence outlined by the City of Lubbock.
(d) No installation of water and sanitary sewer mains will be made at
any other location except a dedicated street, alley, or an easement running
in favor of the City which shall be filed of record by the owner of said
addition. . ·
(e) Under the private contact method of installation by developers the
contract cost for the water and/or sanitary sewer facilities shall be the pro
rata for the subdivision.
{f) When existing water and/or sewer facilities or mains lying along one
or more sides of the property being platted, the owners or developers shall
pay the City one-half (1/2) of the original costs of the existing mains.
Sec. 28-156. Facilities to be property of city.
Upon completion of the water and/or sewer facilities by private
contractor and acceptance by the city upon completion by the city, the
facilities so constructed shall become and remain the property of the city
and shall be maintained as a part of its water and/or sewer system. (Ord.
No. 3772, para. 1, 3-22·62; Code 1959, para. 34-61)
-10 -
Sec. 28-157. Engineering for extension and fees.
(a) The engineering w~~k necessary to prepare plans and inspect the
construction required to provide water and/or sewer service shall be done by
the city engineering department or an authorized representative.
(b) The cost of the extension required to serve the property shall
include the cost of engineering estimated at six (6) percent of the total
cost of the construction.
(c) Plans for the extensions shall conform to the ultimate utility plan
and shall include all necessary mains, lines and appurtenan~es required to
provide domestic service and fire protection.
(d) 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.
(e) 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 the work, in which case the estimated costs will be
the actual cost to the developer.
(f) No construction of water and/or sewer facilities will be started
until the developer's surveyor has properly staked on the ground with iron
pins, all points of curve and tangency, all block corners and control points.
(Ord. No. 3772, para. 1, 3-22-62; Ord. No. 6466, para~* 1, 10-12-72; Code
1959, para. 34-62).
Sec. 28-158. Refunds.
(a) Contracts for refunds as provided herein shali~b~ executed by
the developer and the City Manager. For all contracts made after'the
effective date of this ordinance, the term of the contract shall be
fifteen (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
coney for which refunds are due.
(b) Refunds of money paid in excess of the pro rata shall be made within
thirty (30) days after May first or November first of each year of all
refunds earned during the preceding six (6) months. Refunds shall be earned
when pro rata payments have been made for property on which the refund is
based.
(c) Yhen 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 prope~ty at the
time the adjacent property is platted.
(d) When temporary sewers or facilities are constructed as
an expedient to develop a particular area, or when 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 and the value of the temporary sewers or facilities shall not be
allowed the developer towards payment of his pro rata charges. When
there is an extension made to a temporary service to serve existing
structures outside the area to be developed. the developer shall be
limited to one-half (1/2) of the pro rata collected. Any refund shall
be applied toward pro-rata refunds on property served by the temporary
extension.
-11 -
(e) 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
refundable, in such a manner that when eighty-five (85) per cent 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 ~f his pro rata in
consonance with contract provisions •.
(f) 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, on unit
for each fifty (50) feet of approach main and/or boundary main. (Ord. No.
3772, para. 1, 3-22-62; Ord. No. 8017, para. 4, 3-17-80; Code 1959, para.
34-63)
Sec. 28-159. Extensions beyond pro rata areas.
The city may extend water and/or sewer through an entire block upon payment
of the pro rata charge on one or more lots when the director of water
utilities determines that it is more economical than to make the extension in
several short sections as pro rata payments are made. (Ord. No. 3772, para.
1, 3-22-62; Code 1959, para. 34-64) ·.
See. 28-160. Unit prices used in calculating costs of extensions.
(a) 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:
(Pipe prices are per linear foot; other prices are per item)
For 4 inch asbestos cement class 150 water pipe
For 4 inch east-iron class 150 water pipe
For 6 inch asbestos cement class 150 water pipe
For 6 inch east-iron class 150 water pipe
For 8 inch asbestos cement class 150 water pipe
For 8 inch east-iron class 150 water pipe
For 10 inch asbestos cement class 150 water pipe
For 10 inch east-iron class 150 water pipe
For 12 inch asbestos cement class 150 water pipe
For 12 inch east-iron class 150 water pipe
For 4 inch gate valves and valve box at
For 6 inch gate valves and valve box at
For 8 inch gate valves and valve box at
For 10 inch gate valves and valve box at
For 12 inch gate valves and valve box at
Tapping sleeve and valve for C.I. and A.C.:
6 inch x 4 inch at
6 inch x 6 inch at
8 inch x 4 inch at
-12 -
$
$ 3.70
5.90
4.90
7.50
6.20
9.45
8.10
12.20
11.25
15.00
185.00
240.00
305.00
475.00
600.00
425.00
492.00
475.00
8 inch x 6 inch at
8 inch x 8 inch at
10 inch x 4 inch at
10 inch x 6 inch at
10 inch x 8 inch at
12 inch x 4 inch at
12 inch x 6 inch at
12 inch x 8 inch at
12 inch x 10 inch at
Valve box:
For fire hydrant
For cast-iron fittings per pound
Yet tie-in
Hove machinery
560.00
701.00
750.00
825.00
975.00
750.00
830.00
1,000.00
1,225.00
28.00
550.00
0.70
175.00
175.00
Paving repair: Paving repair shall be estimated by the director of
water utilities with the cost thereof to be based on current prices of labor
and material.
The unit prices above are inclusive of all items not specifically listed
herein which may be necessary to complete the project, except engineering.
The installation of a tapping valve, or tying to an existing cross or tee
fifty (50) feet from the nearest valve, shall be 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 inch vitrified clay sanitary sewer pipe:
0 feet -4 feet, per linear foot
4 feet - 6 feet, per linear foot
6 feet - 8 feet, per linear foot
8 feet -10 feet, per linear foot
10 feet -12 feet, per linear foot
12 feet 14 feet, per linear foot
14 feet 16 feet, per linear foot
16 feet 18 feet, per linear foot
18 feet -20 feet, per linear foot
For 8 inch vitrified clay sewer pipe:
0 feet - 4 feet, per linear foot
4 feet -& feet, per linear foot
6 feet - 8 feet, per linear foot
8 feet -10 feet, per linear foot
10 feet -12 feet, per linear foot
12 feet -14 feet, per linear foot
14 feet -16 feet, per linear foot
16 feet -18 feet, per linear foot
18 feet -20 feet, per linear foot
-13 -
$
$
3.90
4.20
4.50
5.00
5.50
6.10
6.80
7.60
8.50
4.80
5.10
5.40
5.90
6.50
7.20
8.05
9.00
9.95
For 10 inch vitrified clay sanitary sewer pipe:
0 feet - 4 feet, per linear foot
4 feet - 6 feet, per linear foot
6 feet - 8 feet, per linear foot
8 feet -10 feet, per linear foot
10 feet -12 feet, per linear foot
12 feet -14 feet, per linear foot
14 feet -16 feet, per linear foot
16 feet -18 feet, per linear foot
18 feet -20 feet, per linear foot
For 12 inch vitrified clay sanitary sewer pipe:
0 feet - 4 feet, per linear foot
4 feet - 6 feet, per linear foot
6 feet - 8 feet, per linear foot
8 feet -10 feet, per linear foot
10 feet -12 feet, per linear foot
12 feet -14 feet, per linear foot
14 feet -16 feet, per linear foot
16 feet -18 feet, per linear foot
18 feet -20 feet, per linear foot
For manhole standard (4 foot)
For manhole drop (4 foot)
For EVF standard manhole
For EVF standard manhole adjustment
For extra vertical foot drop
Tie to standard manhole
Tie to drop manhole
EVF drop tie-in over 4 foot
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 wyes complete with plug
For 4 inch VCT riser pipe
For 6 inch VCT plug
For 8 inch VCT plug
For 10 inch VCT plug
For 12 inch VCT plug
Gravel embedment, per linear foot
$ 6.15
6.45
6.75
7.25
7.95
8.75
9.75
10.85
11.95
$ 8.00
8.30
8.80
9.30
10.00
11.00
12.00
13.40
14.80
375.00
435.00
~.~0
54.00
61.00
95.00
145.00
28.00
13.00
19.00
.29.00
47.00
2.10
2.40
3.60
4.80
6.00
2.00
3.50
Paving repair: Paving repair shall be estimated by the director of
water utilities with the cost thereof to be based on current prices of labor
and material.
Move machinery, per each $ 175.00
The unit prices above shall also include all items not specifically
listed herein which may be necessary to produce a complete job except
engineering charges.
For both water and/or sewer mains there shall be added
a unit price in calculating the unit cost of extensions for
trench shoring, 5 feet to 10 feet cuts, at $3.50 per linear
foot.
-14 -
(b) Vater main and sanitary sewer main installations which require mains
and appurtenances of a size and kind not listed above, shall be estimated by··
the director of water utilities with the cost thereof to be based on current
prices of labor and material.) Ord. No. 3772, para. 1, 3-22; Ord. No. 6129,
para. 2, 7-22-71; Ord. No. 6604, para. 2, 4-26-73: Ord. No. 7069, para. 2,
5-8-75, para. 2, 5-8-75: Ord. No. 7254, para. 2, 5-27-76: Ord. No. 7625,
para. 2, 3-9-78: Ord. No. 8017, para. 5, 3-27-80; Code 1959, para. 34-65)
Sec. 28-161. Vhere front-foot rule inequitable: vested rights,
The intent and purpose of this article is to provi4e 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 the
city on a front-foot basis. In case any property or 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, then, in that event, the
director of water utilities shall determine the proper charge 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. (Ord. No.
3772, para. 1, 3-22-62; Code 1959, para. 34-66)
Sec. 28-162. Vater connections made by water department.
All connections with existing city water mains shall be ma~e by the city
water department at thedirection of the director of water utilities. (Ord.
No. 3772, para. 1, 3-22-62; Code 1959, para. 34-67)
Sec. 28-163. Payments by owners in densely populated areas -Generally.
Where the City Council 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 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 City Council, when expressed by its resolution, to extend water
and sanitary sewer mains into these densely populated areas without 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. (Ord. No. 3772, para. 1, 3-22-62; Code
1959, para 34-68)
§ec. 28-164. Same -Deferred payments.
When the owner 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 and 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 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:
-15 -
(1) When the owner applicant of said parcel of land has paid to the
city a minimum initial payment of fifteen (15) percent 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 application, to secure payment of the deferred
part of the pro rata charge within thirty-six (36) months, with
minimum monthly payments of ten dollars ($10.00) each, 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 providing that the water 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 necessary or
expedient in making the provisions of this section adequately
effective. (Ord. No. 3772, para. 1, 3·22-62; Code 1959, para. 34-69)
Sec. 28-165. Sewer extension without vater service: deferred pro rata
charge.
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 Council upon the following terms and conditions:
(1) Such property owner applicant for sewer extension shall agree as
follows:
a. Applicant shall pay fifteen (15) per cent of the sewer pro rata
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 ten dollars ($10.00) per month spread''
over a period of not to exceed thirty-six (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 six (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 reasonably attorney's fee if
collection is enforced by or placed in the hands of an attorney for
collection or enforcement. In the event of such default in payment
,,
'·
-16 -
! fF ,.. -•
by applicant, the city and/or its agents, servants or employees are
hereby authorized, without notice to applicant (and applicant ~
expressly waives notice), to disconnect 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 has 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 director of water utilities.
Applicant agrees to at all times defend, indemnify and otherwise
hold the city, its agents, servants and employees harmless of and
from 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, reconstruction, maintenance, disconnection,
connection and/or reconnection of sewer extension to applicant's
parcel of land. Payment 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 improvements herein
provided for to secure payment of the indebtedness 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 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.
c. This agreement is made subject to all applicable provisions of this
Code, ordinances, resolutions, and regulations, with respect to
sewer service, extension, connection, disconnection, reconnection,
construction, reconstruction 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 rental charge from the city
within the next preceding twelve (12) month period to the da~e 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 ~aid
parcel of land, the applicant shall, if possible, if requested to
do so by city, secure from 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 instruments necessary or convenient to the carrying out of the
purposes of this section. (Ord. No. 3772, para. 1, 3-22-62; Code 1959,
para. 34-70)
-17 -
THE STATE OF TEXAS R-246
COUNTY OF LUBBOCK ;
Before me Frances Hernandez a Notary Public in and for Lubbock County. Texas on this day
personally appeared T.J. Aufill • Account Manzuter of the Southwestern Newspa-
pers Corporation. publishers of the Lubbock Avalanche-Journal -Morning. Evening and Sunday. who
being by me duly sworn did depose and say that said newspaper has been published continuously for more
than fifty-two weeks prior to the first insertion of this _ __.,L ... e~e:r::.aa-'l--'N:~~.JO~t-'1'""c-'er::.----------
--------:---:---:---:-:--:--:--No. 826521 at Lubbock County. Texas and the attached print-
ed copy of the Leli!al Notice is a true copy of the original and was printed in the Lubbock
Avalanche-Journal on the following dates: Ju I ':1 16• 23t 1988
197 Words @ .88 = $173.36
Ace nt Manae:er
LUBBOCK AVALANCHE-JOURNAL
Southwestern Newspapers Corporation
q ;;z )D
Subscribed and sworn to before me this 27thday of _J=-=u...:.I..:.Y ___ _
Notary Pub~1:.:. St<lw t.:;>:_.;;:;
FORM 58-10 t.ly Comm1s~ion Expiras ],I;).Sil