HomeMy WebLinkAboutOrdinance - 5694-1969 - Ordinance Amending Sections 34-10, 34-11, 34-26, 34-30 - 03/26/1969Q(p-'ZU-l
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ORDINANCE NO. ""'S~'IL<I2=4 __ _
AN ORDINANCE AMENDING SECTIONS 34:-10, 34-11, 34-26, 34-30, 34-;;32
AND 34-36 OF CHAPTER 34, ARTICLE I OF THE CODE OF ORDIN"ANCES OFT
CITY OF LUBBOCK TO PROVIDE THAT WATER SERVICE MAY BE SUPPLIED
TO TOWNHOUSES AND CONDOMINIUMS AS SET FORTH IN SAID CHAPTER 34;
PROVIDING FOR A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION OF
THE DESCRIPTIVE CAPTION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK;
SECTION 1. THAT Sections 34-10, 34-11, 34-26, 34-30, 34-32 and 34-36
of Chapter 34, Article I of the Code of Ordinances of the City of Lubbock be amen-
ded to read hereafter as follows:
"Section 34-10. Rates -Amount.
"The City, through its water department, shall charge and collect,
and every consumer of water within the corporate limits shall pay,
for water furnished by the City to the consumer, the amounts cal-
culated by application of the following rates to meter readings:
"First 3, 000 gallons per month ••.........••...... $3. 25
Next 7, 000 gallons per month, per 1, 000 ........ $.50
Next 40, 000 gallons per month, per 1, 000 ......... $. 40
Next 200, 000 gallons per month, per 1, 000. . . .... $. 38
In excess of 250, 000 gallons per month, per 1, 000 ..... $. 34
"For townhouse or condominium complex served by a single connec-
tion and meter, the total charges shall be calculated on the basis of
determining the average water usage for each unit served and apply-
ing the minimums and rates herein provided for single consumers
and multiplying such average per unit cost by the number of units
served.!'
"Section 34-11. Minimum Rate.
"The minimum rate for water, which shall be charged all consumers, ex-
cept as otherwise provided, shall be $3. 25 per month.
"In calculating the minimum rate to be charged townhouses or condominium •
the minimum rate of $3. 25 shall be multiplied by the total number in such
building or complex subject to single billing. 11
"Section 34-26. Premises and owner liable for charges; contract with
tenant for payment of charges.
"All charges for water service shall be charged against the owner thereof
and such premises and such owner shall be liable for the payment of any
and all water furnished. Provided, however, it shall be lawful for any
owner to contract with his tenant, in addition to the regular rent to be paid,
for the payment of such water rent and it shall be lawful for the tenant to
pay the water rents; but such contract shall not relieve the owner or his
property from liability for such rent.
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11The charges for water service to townhouses and condominiums
supplied by a single connection with a water main and one meter shall
be the joint responsibility of all owners of such buildings unless ex ..
press provision is made for such charges to be the responsibility of
a single individual or corporation for billing purposes.
''The total charges for water service to a townhouse o~ condominium
complex must be paid on the dates due or penalties or discontinuance
of service will be enforced as in the situation of any other water
customer. Partial payments will not be accejltea for application on
any particular unit of the building complex, but any payments made
shall be applied to the account of the entire building complex.
"The director in charge of collecting for water service is authorized
to require a deposit from the owners or management of such buildings
before commencement of water service and such deposit shall be in
the amount as the director shall deem necessary to guarantee payment
of all charges; and in the event it is necessary to apply such deposit
or any part the:r!eof to the payment of a delinquent water service
account, the deposit shall be renewed in such amount as may be
necessary. In event of failure to renew such deposit on request, the
water service for the entire complex shall be discontinued. Such
deposit shall be in accordance with the preceeding Section 34-25 of
this Chapter except that the deposit shall not be refunded as long as
water service is furnished to such building."
"Section 34-30. Restrictions on consumer furnishing water to other persons
or families.
"No consumer shall supply water to other persons or to other families
or suffer them to take it, except for use on the premises, without
the permission of the water department. Provided, however, water
service may be supplied to townhouses and condominiums as set forth
in this Chapter. "
"Section 34-32. Connecting two or more houses with one service pipe.
''Two houses shall not be permitted to be supplied with one service
pipe where there is a water main in front of the premises or on
either side thereof, but shall have separate service pipes. Two or
more houses fronting on a street, where there is no water main, may
be supplied with one service connected with the main, such service
being of sufficient size to insure ample supply, but in such cases each
of the houses shall have a separate service pipe, stopcock and meter.
"Churches, opera houses, theaters, schools, factories, townhouses
and condominiums may be supplied through one connection with the
street main when approved by the water department •
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"Section 34-36. Requirements generally for connecting flats and apartment
houses to water main.
"All buildings used as flats or apartment houses shall be required
to provide a separate connection with the water main and a separate
meter for each apartment and upon noncompliance witn this provision~
the water department shall cut off the supply for the entire building~
or any portion thereof deemed proper; provided further, however~ tha
any buildings used as flats or apartments which contain more than
four separate flats or apartments ma.y:: upon request of the owner be
served through one meter, such water to be paid for by the owner in
accordance with the rates in effect.
11Townhouses and condominiums may, upon request of the builder at
the commencement of construction, be served by one connection and
one water meter. All charges for water service shall be the joint
responsibility of all owners of such building complex so served unless
provisions in this Chapter are clearly complied with which place
responsibility for all charges on the management of such building.
The rates for such water service shall be those set forth in this
Chapter in Section 34-10. 11
SECTION 2. Should any paragraph, sentence, clause, phrase, or word of
his Ordinance be declared unconstitutional or invalid for any reason, the remain-
er of this Ordinance shall not be affected thereby.
SECTION 3. THAT the City Secretary is hereby authorized to cause publi-
ation of the descriptive caption of this Ordinance as an alternative method provided
y law.
AND IT IS SO ORDERED.
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