HomeMy WebLinkAboutOrdinance - 2010-O0049 - Amending Chapter 28 Coe Orf Ordinances. Water Meters - 06/10/2010First Reading
June 10, 2010
Item No. 6,2
ORDINANCE NO. 2010-00049
Second Reading
June 24, 2010
Item No. 5.1
AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO
MARKING OF EXCAVATION SITES; CUSTOMER FURNISHED WATER
METERS; OWNERSHIP REPAIR, AND READING OF WATER METERS;
ISCONTINUANCE AND RESTORATION OF WATER SERVICE; DEPOSITS
OR WATER SERVICE; WATER SERVICE FOR DUPLEXES, TOWNHOUSES
ND CONDOMINIUMS; CHECK VALVES ON STEAM BOILER SERVICE
IPES; NOTICES TO DISCONTINUE WATER SERVICE; UNLAWFUL
DIVERSION OF WATER; VOLUME RATES AND BILLING; WATER SERVICE
CONNECTIONS; VARIANCES AND APPEALS REGARDING THE AVERAGE
WINTER CONSUMPTION OF WATER; CONSTRUCTION OF ON-SITE WATER
ND SEWERAGE INSTALLATIONS; DOMESTIC FIRE LINES AND FIRE
YDRANTS; EFFECTIVE DATES FOR WATER VOLUME RATES; FEES FOR
WATER SERVICE AND SEWER CONNECTIONS; ACCIDENTAL
ISCHARGEIREPORTING; PRO RATA CHARGES FOR WATER AND/OR
SEWER SERVICE; PRO RATA CHARGES ON PROPERTY ALREADY
LATTED; SIZE OF SERVICE LINES AND METER; LOCATION FOR SERVICE
ONNECTIONS FOR WATER AND/OR SEWER SERVICE; COST OF WATER
ND/OR SEWER LARGE MAINS; COST OF AND MAINTENANCE OF WATER
ND/OR SEWER EXTENSIONS; DEVELOPER INSTALLATION OF WATER
ND/OR SEWER INFRASlRUCTURE; ENGINEERING AND OTHER
ROFESSIONAL SERVICE FEES FOR SEWER AND/OR WATER
XTENSIONS; LATERAL LINE MAINTENANCE AND REPAIR OF SEWER
AINS; REFUNDS FOR PRO RA TA CONTRACTS; UNIT PRICES FOR PRO
TA CHARGES; AUTHORITY TO MAKE SERVICE TAPS; CITY PAYMENT
I OR WATER AND/OR SEWER EXTENSIONS IN DENSELY POPULATED AND
P THER AFFECTED AREAS; SANITARY CONTROL RELATED TO PUBLIC
C
ATER SYSTEMS; PROVIDING A SAVINGS CLAUSE; PROVIDING A
ENALTY CLAUSE; AND PROVIDING FOR PUBLICATION.
HEREAS. the City Council of the City of Lubbock, Texas finds and determines
that it is in the best interest of the health, safety, and welfare of the citizens of the City
e_f Lubbock to make the following amendments to Chapter 28 of the Code of
:Ordinances of the City of Lubbock; NOW, THEREFORE,
;BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Section 28-15( c) of the Code of Ordinances, City of
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;Lubbock, Texas, is hereby amended to read as follows:
ISec. 28-15. Marking of excavation sites
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(c) Marking of site by excavator. The excavator performing the work shall mark
he site of the proposed excavation with white marking paint and/or flags prior to
aking a request for utilities locates and actual excavation.
SECTION 2. THAT Section 28-16 of the Code of Ordinances, City of
Lubbock, Texas, is hereby amended to read as follows:
Sec. 28-16. Sanitary Control and Water System Responsibilities; Definitions.
(a) Definitions.
For the purposes of Section 28-16 of this chapter, the following definitions shall
apply:
1. City Water System. All property and easements owned and controlled by
he city, beginning with its lakes, well fields, raw water transmission lines, water
reatment plants and potable water production and transmission facilities, and
f Ontinuing through and including pump stations, storage devices, water supply, mains
1and related system and the organization used by the city in furnishing an adequate
supply of water to the inhabitants of the city and vicinity, and ending at the respective
icity owned water meters.
The city water system shall, without limiting the generality of the forgoing
definition, include potable water delivery infrastructure and easements after such
"nfrastructure has been designed, constructed, inspected and approved in accordance
ith the Lubbock Water Utilities Design Standards and Specifications for Water and
Sewer, as may be amended from time to time, and accepted by the City of Lubbock,
as per the terms of Section 28-156, Code of Ordinances, City of Lubbock, Texas.
2. Distribution System. The system of pipelines, pump stations and storage
evices that deliver treated water to homes and businesses throughout the corporate
limits of the City of Lubbock, Texas beginning with the completion of water
reatment and then continuing throughout the system of pipelines, pump stations and
storage devices and then ending at the termination point of public easement and the
customer water meter.
3. Independent Public Water Systems. Water systems outside of the public
e asement and downstream of the service meter that: (1) have not been designed,
!Constructed according to City subdivision regulations, and approved by the City as a
!new subdivision within the City of Lubbock; and (2) have not granted the required
ublic easement for the water system to the City of Lubbock, Texas.
4. Public Water System. A public water system as defined in Title 30,
Section 290.38(47) of the Texas Administrative Code, as same may be amended from
ime to time.
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5. Sanitary Control. The responsibility to manage, maintain, and monitor the
ater quality of a water system or portion of a water system in accordance with Texas
ommission on Environmental Quality (TCEQ) regulations defined as being "subject
o bacteriological and chemical monitoring, plumbing restrictions and inspections."
(b) City of Lubbock Water System Responsibilities.
1. The city shall construct, manage, control, operate, maintain and monitor
city water system, including the quality of the water delivered thereby, in
ccordance with the regulations relating and applicable to public water supplies and
ystems as promulgated by the Texas Commission on Environmental Quality
TCEQ), or successor agency thereto. The city shall obtain the utility easements and
rmits necessary to enable reasonable access by the city for the construction,
anagement, control, operation, maintenance, and monitoring of the city water
ystem. The city's responsibility to manage, control, operate, maintain or monitor the
ater quality, as provided herein, terminates at the end or termination of the city
ater system.
2. The City of Lubbock has a responsibility to maintain sanitary control only
· n areas of the City's designated and approved water supply distribution system. The
~ity of Lubbock Water Utilities Department manages, maintains, and monitors the
!water quality within the distribution system within the City of Lubbock's
~ncorporated area.
3. The City of Lubbock's sanitary control of the water system terminates
!where the public easement ends and private property begins which is typically at the
ater meter or service tap. The City of Lubbock Building Inspection Department
oes not inspect water system facilities for compliance with State Water Code or for
ompliance with TCEQ water quality requirements.
4. Neither the City of Lubbock's Building Inspection Department nor the
ater Utilities Department manages, maintains, or monitors the water quality of
'ndependent public water systems within the City of Lubbock's incorporated area.
c) Independent Public Water System Requirements,
1. The management, maintenance, operation and monitoring of the water
uality and all other aspects of operation of an independent public water system,
ncluding without limitation, compliance with all laws, statutes, regulations, rules and
rders pertaining to such water systems, shall be the sole responsibility of the owner
d operator. if operated by a party other than owner, of such independent public
ater system.
2. The owner and operator, if operated by a party other than owner, of an
ndependent public water system, initiating the purchase of water from the City of
1 ubbock after January 1, 2009, shall enter into a contract for water service providing,
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ong other things, designation of the responsibility and sanitary control of such
ublic water system to the owner and operator of such public water system, in
ccordance with the terms of this section, prior to connection to the city's water
3. All existing independent water systems must have submitted by January 1,
009 docwnentation and easements for acceptance as a new subdivision of the City of
ubbock, Texas or they will be considered an independent water system and will be
equired to sign a water supply contract that designates sanitary control responsibility.
ailure to comply may result in the termination of water service, and shall be deemed r. violation of this ordinance.
f d) Acceptance of Water Systems into City of Lubbock's Water System.
1. The City of Lubbock will include all water systems as part of the
distribution system after the water system has been designed, constructed, inspected,
~ested, and approved in accordance with the Lubbock Water Utilities Design
~tandards and Specifications for Water and Sewer and accepted as a new subdivision
w ithin the City of Lubbock, Texas.
I 2. The owner, and operator, if operated by a party other than the owner, of an
· ndependent public water system may on or before January 1, 2009, submit such
ystem to the city for ownership and inclusion within the city's water system, so long
s: (1) such public water system has been designed and constructed in accordance
ith the Lubbock Water Utilities Design Standards and Specifications for Water and
ewer; and (2) the owner, and operator, if operated by a party other than the owner,
ubmits evidence and other materials as may be required by the City to demonstrate
hat such public water system complies with all provisions of Title 30 of the Texas
dministrative Code relating to public water systems and/or the supply or provision
f potable water, in which case the city may accept such system into the city's water
ystem. In the event that the city elects to accept such public water system into the
ity water system, and as a condition to such city acceptance, the owner of such
ublic water system shall: (1) grant and convey to the city any and all easements. as
etermined necessary by the City, for or related to management, operation,
aintenance and monitoring of such water system; and (2) execute and deliver any
nd all documents and provide such assistance and cooperation to the city and to the
CEQ, to the extent necessary or advisable to effectuate the transfer of the applicable
ertificate of convenience and necessity to the city. The acceptance or refusal to
, ccept such public water system by the city is at the sole election of the City Council
f the city. The acceptance by the city of such public water system into the city water
ystern shall be effective upon the latest to occur of: ( 1) approval of the City Council
f the City of such acceptance; and (2) approval of the transfer of the certificate of
onvenience and necessity by the TCEQ, or successor agency. Nothing contained
erein shall be construed to obligate the city to accept such public water system.
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In the event the owner of a public water system either:
(A) Does not submit the application to the director of water utilities
of the city for acceptance of such public water system into the city water
system, as contemplated by this subsection; or
(B) The city does not accept such public water system into the city
water system, the ownership and responsibility for such water system shall
remain as provided in subsection (c), above.
othing contained in this section shall be construed to relieve or limit the
responsibility of any customer of the city to comply with all other requirements
related to connection to the city water system, including without limitation,
requirements related to backflow and/or cross connection protections, as provided by
Chapter 6 and Chapter 28 of the Code of Ordinances, City of Lubbock, Texas.
This ordinance is considered necessary for the health and safety of the citizens of
Lubbock, Texas in order to eliminate health hazards and in order to help safeguard
water supplies for all residents and businesses within the City. In order to comply
with water supply regulations of the State of Texas, responsibility for sanitary control
must be designated. This ordinance is designed to implement the regulations of the
State of Texas and require the designation of Sanitary Control by means of a service
contract.
SECTION 3. THAT Section 28-18 of the Code of Ordinances, of the City of
!Lubbock, Texas, is hereby amended to read as follows:
Sec. 28-18. Water furnished consumers measured by meters.
(a) All water furnished by the water department to its consumers shall be
easured by meters. The type, ownership, control and maintenance of all meters
sed to measure water use shall be determined by the city. The water department
shall keep all meters owned by it in good repair. All meters installed after March 27_.
1980, shall be the property of and maintained by the city. The consumer shall
determine the appropriate size of meter necessary and required to meet its specific
ervice needs and the consumer shall request that the city install the meter for the
service.
(b) The one (1) inch tap and meter size is hereby established as the minimum size
for all new services requested, in order to ensure adequate water service and water
volume. All new development will conform to the minimum size meter. Customers
with three quarter (3/4) inch tap and meter service prior to the effective date of this
ordinance shall have the choice to remain with the smaller tap and meter or to install
he minimwn size one ( 1) inch tap and meter by paying the approved fees for that
service.
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c) The chief water engineer shall ensure that the tap size for each service is equal
o or greater than the meter size. City policy shall require the consumer to obtain
itten certification from a plumber or a professional engineer, either of whom shall
l e licensed in the state of Texas, that the reduction in meter size will not impact water
fervice due to a reduction in water pressure or volume. The city will not reduce the
~ize of a meter below the one (1) inch minimum unless the customer has provided the
ertification required above, and met any other requirements to ensure adequate water
!Service that may be established by the City Manager or his designee.
In cases where it is impractical or impossible to meter the water for a limited
se or special event or occasion, a charge not based upon the use of water as
easured by a meter may be approved by the City Manager or his designee, and the
barge shall be determined based upon existing water rates and the estimated volume
fwater use.
SECTION 4. THAT Chapter 28-20 of the Code of Ordinances of the City of
ubbock, Texas, is hereby amended to read as follows:
Sec. 28-20. Ownership and repair of meters.
All meters installed after the enactment of this section shall be the property of
e city, and will be maintained by the city.
SECTION 5. THAT Section 28-23 of the Code of Ordinances of the City of
ubbock, Texas is hereby amended to read as follows:
ec. 28-23. Reading of meters; notice to consumers.
eters shall be read monthly, and the consumer notified in writing in the form of a
r ill, statement, letter or otherwise, and proof of this notice may be made by a utility
billing report showing that a statement was sent to the last-known address of such
Fonsumer, of the amount due from the customer to the city. Payment by the customer
~hall be due and payable upon receipt of the notice, and shall be considered late if not
~aid by the date specified in the notice as provided for by city ordinance. Payment
hall be made at the address listed on the written notice or at other locations that may
e authorized by the city for the payment of utility bills.
SECTION 6. THAT Section 28-24 of the Code of Ordinances of the City of
ubbock, Texas, is hereby amended to read as follows:
ec. 28-24. Discontinuance, suspension, refusal of service, and restoration of service.
e City of Lubbock Water Utilities may discontinue, suspend, disconnect or refuse
o supply water to any consumer who fails to comply with Section 28-57 of this
hapter and/or Section I 00.2 of Chapter 6 of the Code of Ordinances, City of
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Lubbock, Texas. Such water service shall also be disconnected when a consumer
fails to pay for other utility services rendered by the city.
(a) Every consumer of the city's water utility system shall pay charges for water
consumption as provided in 28-57 of this chapter. Notice and opportunity for hearing
ursuant to this Chapter will be given persons disputing the amount of such charges.
In the event same are not so paid, the City shall disconnect water service unless said
user or consumer has appeared and shown substantial reason why such action should
not be taken.
(b) Whenever the amount past due and delinquent is paid by such consumer, water
service may be restored, but there shall be charged and collected a reconnection
charge of fifty-five dollars ($55.00) for reconnection during normal working hours
and eighty-seven dollars ($87.00) for reconnection outside normal working hours.
ormal working hours are from 8:00 a.m. to 5:00 p.m. on weekdays, excluding city
holidays. Water service shall also be disconnected when a user or consumer fails to
pay for other city utility services rendered by or through the authority of city.
(c) If water service is disconnected or cut off due to nonpayment for any of the city
utility services furnished, the water department shall not permit water service to be
restored and turned on again for the consumer at the same premises, or to the
consumer at any other premises within the city, until the full delinquent amount shall
have been paid. The full delinquent amount shall be defined as payment for both
services rendered as required by ordinance and for any additional charges authorized
by ordinance in order to re-establish service including but not limited to equipment,
labor and charges related to the repair of meters, curb stops, damaged boxes, and
cutting at the corporation, street or alley repairs, or any other repairs and charges
ade necessary by the user's delinquency or tampering.
(d) If water service is disconnected or cut off by the City at the corporation, the
corporation being defined as the connection to the city main, the consumer will be
charged three hundred dollars ($300.00) for the disconnection, and the consumer shall
e charged an additional three hundred dollars ($300.00) for reconnection of service.
SECTION 7. THAT Section 28-26 of the Code of Ordinances of the City of
ubbock, Texas, is hereby amended to read as follows:
Sec. 28-26. Deposit not required; Exceptions.
(a) The City of Lubbock shall not require a deposit from any consumer of the city's
water system in order to obtain water service, except as provided in paragraph (b)
below. Any deposits previously collected by the water department shall be refunded
to the depositor thereof within two (2) years of the enactment of this section. Any
deposits abandoned or left unclaimed shall be subject to Chapters 72 and 76 of the
exas Property Code or any other state law pertaining to abandoned or unclaimed
roperty.
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(b) The City shall require a deposit for portable meter accounts and related
backflow prevention assembly used to obtain water from fire hydrants. If the meter
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and backflow prevention assembly are not returned in working order, or are otherwise
damaged, or if the fire hydrant or water supply line to the fire hydrant are damaged,
the customer shall pay for the cost of repair. If the customer does not pay for the cost
of repair, the City shall use the deposit to pay for the cost of repair. Any portion of
he deposit so used must be repaid to City by the customer before the customer can
continue using water through the portable meter account. Deposits for portable meter
accounts shall be as follows:
1. The deposit for portable meter account and related backflow prevention
assembly shall be: $1,545.00.
2. The deposit for a special event for a non profit, community or other non
construction and non utility entity shall be $50.00 per day with a minimum of
$150.00 for a small hose end meter assembly.
3. No deposit fee shall be required by other city departments.
SECTION 8. THAT Section 28-28 of the Code of Ordinances of the City of
Lubbock, Texas, is hereby amended to read as follows:
Sec. 28-28. Combined and Separate Service.
(a) Duplexes, Townhouses and Condominiums.
1. All duplexes, townhouses condominiums, apartments and rental units of
less than four units in the complex constructed on or after the effective date of this
ordinance shall be required to be designed and constructed in such a manner as to
provide separate water service for each living unit within the complex. Separate
service is defined as a separate plumbing system for water service, a separate water
service connection to the city water system, and a separate water meter for each living
unit within the structure.
2. The consumer or user for each living unit in a duplex, townhouse,
condominium, apartment and rental unit that has separate service shall be responsible
for payments for service and for any full delinquent amount due as provided for by
Chapter 28.
3. The owner or owners, whether an individual, group or corporation, of any
duplex. to\.\'Ilhouse or condominium that does not have separate service for each
living unit shall be responsible for payments for service and for any full delinquent
ount due as provided for by Chapter 28. Partial payments for any pruticular living
unit within the complex will not be applied to that particular living unit, but any
ayments made shall be applied to the account of the entire building complex.
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(b) Strip Centers or Shopping Centers.
1. The consumer or user for each business unit in a strip center or shopping
enter that has separate service shall be responsible for payments for service and for
y full delinquent amount due as provided for by Chapter 28. Separate service is
efined as a separate plumbing system for water service, a separate water service
onnection to the city water system, and a separate water meter for each business unit
ithin the strip or shopping center.
2. The owner or owners, whether an individual, group or corporation of any
strip or shopping center that does not have separate service for each business unit
shall be responsible for payments for service and for any full delinquent amount due
s provided for by Chapter 28. Partial payments for any particular commercial unit
ithin the complex will not be applied to that particular commercial unit, but any
ayments made shall be applied to the account of the entire building complex.
SECTION 9. THAT Section 28-29 of the Code of Ordinances of the City of
ubbock, Texas, is hereby amended to read as follows:
Sec. 28-29. Notice to discontinue service.
y consumer desiring to discontinue the use of water and to eliminate all liability
or the continued consumption of water or use of other services, shall give notice in
iting to the business office of Lubbock Power and Light on or before the date on
I"' hich he will discontinue to use the same. Notice for the discontinuance of service
by any other means will be addressed in accordance with the established policy and
r ormal business practice of the water utility.
SECTION 10. THAT Section 28 of the Code of Ordinances of the City of
~ubbock, Texas, is hereby amended by deleting Section 28-33 in its entirety.
SECTION 11. THAT Section 28 of the Code of Ordinances of the City of
ubbock, Texas, is hereby amended by deleting Section 28-35 in its entirety.
SECTION 12. THAT Section 28-43 of the Code of Ordinances of the City of
ubbock, Texas, is hereby amended to read as follows:
(a) Any person who intentionally, by any means or device, prevents water
rom passing through any meter belonging to the water department or used in
onnection with the supply of water to any consumer by the water department to
egister the amount of department water passing through meters, or intentionally
revents a meter from duly registering the quantity of water supplied, or in any way
'nterferes with its proper action or just registration or without the consent in writing
f the director of water utilities intentionally diverts any water from any pipe of the
ity waterworks, or otherwise intentionally uses, or causes to be used, without the
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consent of the director of water utilities, any water produced or distributed by the
ater department with intent to defraud the city water system, shall be guilty of a
isdemeanor, and shall be responsible for all costs set forth in Section (c) below.
(b) The presence at any time on or about any such meter or pipe of any
evice or pipes resulting in the diversion of water or preventing of its free passage
nd registration by the meter or diverting from the meter as above defined or resulting
·n the prevention of water reaching the meter, or preventing the just registration of the
eter or the taking of any water except through a meter as above set forth shall
constitute prima facie evidence of knowledge on the part of the person owning or
aving custody and control of the room, building, place or premises where such
device or pipe is of the existence thereof and knowledge of such existence to the
erson who would be benefited by the failure of the water to be properly metered, and
shall further constitute prima facie evidence of intention on the part of such person to
efraud.
(c) In the event of an occurrence prohibited by subparagraph (a) above,
he mechanism diverting the water may be immediately removed by city personnel,
r nd the following charges shall be assessed to the offender: (i) reconnection fees as
provided herein and in Section 28-24 of this chapter; (ii) all costs of labor and
f aterials incurred by the city, including without limitation, labor costs associated
jWith or incurred by work performed by city employees; and (iii) the value of the
tservice or services taken as a result of the di version as determined by the average cost
!of such service for the same class of consumer or user for the period of time that
~ervice was not measured and paid for as required by this Chapter.
SECTION 13. THAT Section 28-48 of the Code of Ordinances of the City of
ubbock, Texas, is hereby amended to read as follows:
ec. 28-48. Sewer-Lateral line maintenance.
(a) The City of Lubbock or its designated contractors shall be the only authorized
ntities to repair or replace the sewer wye, tee, or tapping saddle connection to the
ity sewer main for an existing property with current sewer service and to replace the
ustomer's lateral service line located in the city's right of way.
b) The customer shall be responsible for cleaning, clearing, removing obstructions,
aintenance, and operation of the customer's lateral sewer service line from the
ome, business, facility, or other point of service, to the sewer wye, tee or tapping
addle connection at the public sewer main. The customer shall be responsible for the
epair and replacement of the customer's lateral sewer service line from the point of
ervice to the property line.
c) The customer or the customer's plumber shall acquire the proper permits and
amply with all applicable laws, ordinances, and polices for the maintenance, repair
d operation of this lateral line. Physical obstructions in the city's right of way, such
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landscaping, irrigation systems, fencing, or other such surface or subsurface
bstructions may potentially be damaged by excavation activity. The city, at its
discretion, may proceed with installing, repairing, or replacing the sewer tap or lateral
service line located in the city right of way, through or past the obstruction. The
repair or replacement of any obstructions placed in the easement or right-of-way, by
he property owner or occupant of the facility being served, or any individual, is the
sole responsibility of said owner or occupant.
The City shall perform the proper one-call notification pursuant to Texas State Utility
1Code Title 5, Chapter 251. Such notification requires a 48 hour advance notice
before excavation can begin.
e sewer tap repair or replacement may include the tapping saddle, riser, and elbow.
In areas with cul-de-sacs where the city's sewer service is in the street, the city has the
option to replace only those parts that are required to restore the customer's sewer
service.
The request for the repair of an existing sewer wye, tee or tapping saddle, or for the
replacement of the lateral service line in the city's right of way or easement, shall be
made directly to the water utility department by a licensed plumber. The plumber
must mark the location of the sewer connection and or lateral service line with paint
or pin flags.
emergency repair request is one where the customer does not have sewer service
and the lack of wastewater disposal creates a potential health concern.
A routine repair request is one where there is service, but the tap is in need of repair.
The tap repair will be scheduled and placed on the repair priority list based upon
hether the service is an emergency or routine repair. City personnel, or its
ontractors using current published standards and specifications, will perform all
aving and concrete repair.
SECTION 14. THAT Section 28-53 of the Code of Ordinances of the City of
Lubbock, Texas, is hereby amended by amending 28-53(6) to read as follows, and
further amended by adding new 28-53(7) and (8) to read as follows:
(6) Wholesale. The following water volume rate shall be applicable for those
federal, state or local governments, governmental agencies or governmental
subdivisions that are authorized to purchase water by city ordinance and enter into
f.ontracts with the city for wholesale purchases. The Block 1 volume is the amount of
r ater used up to 100% of the average winter consumption ("A WC") of the wholesale
customer, the AWC being the average volume of water used as measured by the
meter reading for the months of September, October, November, December, January
and February, and updated in March of each respective year; the Block 2 volume is
!the volume of water used in excess of the Block 1 volume up to an additional 200%
pf the AWC (total of Block l and Block 2 is equal to 300% of the A WC); and the
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lock 3 volume is the amount of water used in excess of the Block I and Block 2
olumes. For wholesale customers that do not have an AWC calculated for their
ervice, the A WC shall be established by contract based upon the average volume of
ater authorized in the contract for delivery in the months of September, October,
ovember, December, January and February. Thereafter, an A WC shall be calculated
ased upon the volume of water actually used as provided for in this section. Solely
or the purposes of wholesale customers, the water volume rate shall be 1.3 times the
!water volume rate for all other customers as set forth above, as applicable to each
iblock.
Nothing contained herein, absent agreement otherwise by the wholesale customer,
15hall affect existing valid and subsisting wholesale contracts by and between the city
nd wholesale customers. Any renewal or extension of such contract, other than
enewals and extensions that may be exercised unilaterally by the wholesale
ustomer, shall provide for the rates prescribed in this section.
The rates prescribed herein for wholesale customers reflect the increased cost of
ervice by the city for such customers, including without limitation, costs related to
ater distribution infrastructure and remote metering and service issues, stand-by
ater demands, and the impact of advancing the timing of water supply projects to
eet additional water supply demands for wholesale customers.
7) Fire hydrant. All non-fire use of water from a fire hydrant, including
onstruction use, will be charged at a Block 2 rate as established by this section.
8) Affordable or Average Billing. Affordable or average billing may be offered
o certain customers by policy approved by the City Manager or his designee. The
olicy shall provide for an averaging methodology that ensures the City shall receive
he total amount due over the course of a year, and that has a sign-up period between
September and December of each year.
SECTION 15. THAT Section 28-58 of the Code of Ordinances of the City of
ubbock, Texas, is hereby amended to read as follows:
ec. 28-58. Water service (water tap) connections.
he following fees shall be charged on all water installations requiring the following
izes of service connections:
For service connections of one inch and smaller
For service connections of one and one-half inches
For service connections of two inches
$400.00
$725.00
$800.00
or each item listed above an additional charge will be added to cover paving repair
osts. Paving repair costs shall be estimated by the City of Lubbock Water Utilities
ngineering Department with the cost thereof to be based on current prices of labor,
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quipment and materials established by the City of Lubbock Street Engineering
epartment. These prices shall be reviewed annually to ensure the adequacy of the
rices to cover the total cost of construction of the water and sanitary sewer utility
d will be adjusted as the director of water utilities deems necessary.
SECT! ON 16. THAT Section 2 8-61 of the Code of Ordinances of the City of
ubbock, Texas is hereby amended to read as follows:
ec 28-61. Variance and appeal.
a) The water board of appeals, as established in Section 28-44 of the Code of
rdinances of the City of Lubbock, may grant in writing a temporary variance
etermining the average winter consumption (AWC) of a customer as prescribed in
ection 28-53 of the Code of Ordinances of the City of Lubbock, in the event that it is
etermined by the water board of appeals that failure to grant such variance would
ause an emergency condition adversely affecting the health or sanitation, or would
ork an unnecessary hardship due to fundamental unfairness of the application of the
WC to the customer requesting the variance.
, b) Customers that have no billing history or only a partial billing history for the
ntire calculation period may request an A WC default value pursuant to Section 28-
3 of the Code of Ordinances of the City of Lubbock. Customers may appeal the
WC default value so determined by filing a petition for variance with the water
oard of appeals. The Water Board of Appeals may consider water use during the
onths used to calculate the AWC in approving an adjustment to the AWC. The
ater Board of Appeals may also consider water use by previous occupants or
omparable customer use in approving an adjustment to the AWC. Adjustments will
ecome effective prospectively upon approval, and no retroactive adjustments shall
e approved.
c) Customers requesting a modification from the computation of the A WC, as set
orth in Section 28-53 of the Code of Ordinances of the City of Lubbock, shall file a
etition for variance with the water board of appeals. All petitions for variances shall
e reviewed by the water board of appeals and shall include, in addition to the
nformation provided in Section 28-44 of the Code of Ordinances of the City of
ubbock, the following:
1. Detailed statement as to how the city's computation of the AWC
would cause an emergency condition adversely affecting the
petitioner or fundamentally unfair to the petitioner.
2. Description of the relief requested.
3. Period of time for which the variance is sought.
4. Other pertinent information.
13
l(d) Variances granted by the water board of appeals shall be subject to the following
onditions:
(I) The variance granted shall not be retroactive, but shall be effective for all
tility account billings dated on or after the date the variance is granted until the
ariance shall expire.
(2) Variances granted shall expire on the later to occur of:
(A) The last day of the last month utilized to compute the A WC; or
(B) The implementation of the A WC, next following the granting
of the variance by the water board of appeals.
(C) Once a variance has been granted; no additional variances will
be considered or granted until after the next scheduled
recalculation of the A WC.
(e) In the event that a customer disputes the accuracy of the city's billing for water,
1 he customer may appeal such billing in accordance with the internal administrative
(Procedures prescribed by the city manager and/or his/her designee. The disputes shall
be limited to situations or occurrences wherein actual inaccuracies in the quantity of
water consumed by the customer and/or inaccuracies or errors in rates or fees billed
lfor water are asserted. The appeal must be made in writing to the City by the
~ustomer within six months of the date on the bill that is being appealed. Examples
pf appeals include:
( l) Inaccurate meter readings;
(2) Inaccurate rates and/or fees applied to such customer; and
(3) Inaccurate volumes of water due to leaks.
(f) In the event that a customer desires to appeal the decision of the internal
dministrative process, the customer may appeal to the water board of appeals, by
aking application within five (5) business days of the denial of the internal
dministrative appeal described in subsection 28-61 (b) of the Code of Ordinances of
he City of Lubbock.
SECTION 17. THAT Section 28-75 of the Code of Ordinances of the City of
ubbock, Texas, is hereby amended to read as follows:
Sec. 28-75. Construction of on-site sewerage systems.
14
egulations for construction of on-site sewerage systems will be the regulations set
orth in the TCEQ "Construction Standards for On-site Sewerage Facilities," and the
egulations set forth by the city health department.
SECTION 18. THAT Section 28-77 of the Code of Ordinances of the City of
ubbock, Texas, is hereby amended to read as follows:
[
ec. 28-77. Guards, barricades; restoration of streets, sidewalks, etc.
II excavations for building water and sewer installations shall be adequately guarded
1 ith barricades and lights so as to protect the public from hazard. Streets, sidewalks,
~arkways, and other public property disturbed in the course of the work shall be
restored in a manner satisfactory to the city. Use of barricades shall be permitted in
ccordance with City ordinance.
SECTION 19. THAT Section 28-90 of the Code of Ordinances of the City of
ubbock, Texas, is hereby amended to read as follows:
ec. 28-90. Sewer service connections.
e following fees shall be charged on all sewer installations (other than new
onstruction) requiring service connections:
or service connections O to 5 feet deep
or service connections 5 feet to 8 feet deep, for each additional foot
or service connections 8 feet and deeper, for each additional foot
or each foot of additional sewer pipeline laid, in excess of 15 linear feet
$400.00
$35.00
$55.00
$11.50
hese prices shall be reviewed annually to ensure the adequacy of the prices to cover
he total cost of construction of the water and sanitary sewer utility, and will be
djusted as the chief water engineer deems necessary.
SECTION 20. THAT Section 28-108 of the Code of Ordinances of the City of
ubbock, Texas, is hereby amended to read as follows:
ec. 28-108. Accidental discharge/reporting.
iEach user shall provide protection from accidental discharge of prohibited materials
pr other substances regulated by this article within ninety (90) days from the effective
l:late of this article. Facilities to prevent accidental discharge of prohibited materials
~hall be provided and maintained at the owner's or user's own cost and expense. In the
~ase of an accidental discharge, it is the responsibility of the user to notify
mmediately the City of Lubbock of the incident. The notification shall include date,
15
time and location of discharge, type of waste, concentration and volume, and
corrective actions.
SECTION 21. THAT Section 28-147 of the Code of Ordinances of the City
of Lubbock, Texas, is hereby amended to read as follows:
Sec. 28-14 7. Pro rata charges for water and/or sewer service.
(a) When a person or entity makes an application with the City of Lubbock (i) for
water and/or sewer service connection for property that requires a pro rata charge, or
(ii) for a water and/or sewer line extension for service that requires a pro rata charge,
or (iii) to plat property that requires a pro rata charge for the extension of water and/or
sewer service, the person or entity shall pay a nonre:fimdable pro rata charge required
by Sec. 28-146 and as set forth in this section. This paragraph shall apply only to
lines constructed after April 1. 1952.
(b) The appropriate pro rata charge shall be paid prior to (i) a water or sewer service
connection being made, (ii) the extension of a water and/or sewer line, and (iii) the
final approval of a plat.
( c) When the property to be served is within one hundred fifty ( 150) feet of an
existing water main for water service, or within one hundred fifty ( 150) feet of an
existing sewer main for sewer service, the person or entity requesting service shall be
required to pay the standard pro rata charge for the front footage of the property to be
served. The standard pro rata charge shall be as follows:
(1) Fifteen dollars ($15.00) per front foot of lot or tract of land to which
sewer service is to be provided; and
(2) Twelve dollars ($12.00) per front foot of lot or tract of land to which
water service is to be provided.
The standard pro rata charge shall be reviewed annually by the chief water utility
engineer, and he shall recommend that the charge be amended as necessary to ensure
the adequacy of the prices to cover the cost of construction of the water and sewer
utility extensions.
The pro rata charge to connect to an existing water or sewer main shall be the current
1standard pro rata if the line was previously extended using the standard pro rata
charge to determine the amount due as provided for by this section.
Payment of the standard pro rata charge by the person or entity processing the request
shall satisfy the pro rata charge required for property to be served by the extension
and or connection.
16
(d) When the property to be served is further than one hundred fifty (150) feet from
an existing water main for water service, or further than one hundred fifty (150) feet
from an existing sewer main for sewer service, the person or entity requesting service
shall pay the total cost of the extension (the "Total Cost of the Extension"), The
Total Cost of the Extension is defined as the combined total of: (1) the total
construction cost as determined by the total footage of the project and the unit price
list set forth in Sec. 28-160; and (2) the total cost of professional services including
engineering, surveying, inspection and related costs set forth in Sec. 28-157.
Payment of the Total Cost of the Extension by the person or entity requesting the
extension shall satisfy the pro rata charge required for property to be served by the
extension, and may entitle the person paying for the Total Cost of the Extension to
seek a refund from the owners of other properties adjacent to the line extension, if
those owners choose to connect to and be served by the extension as provided herein.
(e) The pro rata charge to connect to an existing water and or sewer main shall be
determined based on the total cost of the extension if the line was previously extended
as provided for under part ( d) of this section using the total cost of the extension to
determine the amount due. This determined pro rata charge shall be called an
"adjacent main fee." The determined pro rata or adjacent main fee shall be paid prior
o connection to an existing water or sewer main. The adjacent main fee for a project
may be divided into sections as necessary so that the adjacent main fee for each
section is appropriate for the size and the depth of the water or sewer line and other
"mprovements installed. Unless otherwise determined by the Chief Water Utilities
Engineer, the adjacent main fee will not be assessed on sewer mains eighteen inches
(18") in diameter or larger, and water mains sixteen inches (16") in diameter or
larger, that are installed by the City, unless that main shall directly serve a
development via service taps. The adjacent main fee shall be calculated by:
( 1) Totaling the number of improvements adjacent to the proposed
development; then
(2) Multiplying the number of improvements by the current unit price
value as specified in Section 28-160, excluding any water and sewer
taps; then
(3) Dividing the current value of the improvements by two (2); then
(4) Adding the current value as specified in Section 28-160 of any water
and sewer taps designated in the pre-plats, or as previously approved
by the City; then
(5) Adding an engineering fee equal to six percent (6%) of the total
calculated value for the final value of the refund.
17
Payment of the determined pro rata charge or adjacent main fee for the property to be
served by the person connecting to the existing water or sewer main shall satisfy the
pro rata charge required by this article. Additional main extensions at the developer's
expense may be required to service the property.
(f) An appropriate pro rata charge in accordance with the requirements of this section
shall be required for any privately or publicly constructed extensions of water and/or
sewer lines.
(g) For lots having a greater depth than one hundred and fifty (150) feet, or irregular
size or shape, the following pro rata provisions shall apply:
(1) 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.
(2) Where lots or tracts are irregular in size or shape and has a depth less
han one hundred fifty (150) feet, 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.
(3) Where lots or tracts are irregular in size or shape and have a depth greater
than 150 feet the pro rata charges will be based on one front foot for each 120 square
feet of area.
18
ADAMS ST.
IO
_.__..... __
WASHINGTON Si.
so•. SO'. 50' front•f• 1
~-
( 4) 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 must abut. Should such property be re-subdivided whereby water
and/or sewer main extensions are required to serve the same, the developer shall pay
the costs of utilities for redevelopment.
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 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, refimds on such mains will be
made to the applicant.
SECTION 22. THAT Section 28-148(d) of the Code of Ordinances of the City
of Lubbock, Texas, is hereby amended to read as follows:
Sec. 28-148. Pro rata on property already platted.
(d) At the option of the city, the total cost of the extension approach for extensions
over one hundred fifty (150) feet may be used to pay for the extension and to
establish a refund contract with the person or corporation requesting the extension.
SECTION 23. THAT Section 28-150 of the Code of Ordinances of the City of
Lubbock, Texas, is hereby amended to read as follows:
19
Sec. 28-150. Size of service lines and meter.
(a) The pro rata is established to provide service to public and private fire
protection service from the street and to provide 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 property 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) When 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 water main of adequate size to provide the service desired. Adequate
size of the water main shall be considered as twice the diameter of the largest
domestic 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 the sewer main of adequate size to provide the
service desired. Adequate size shall be determined by the director of water utilities.
The additional cost for making such 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, whichever is greater.
SECTION 24. THAT Section 28-151 of the Code of Ordinances of the City of
ubbock, Texas, is hereby amended to read as follows:
Sec. 28-151. Location for service connection.
(a) Domestic water and/or sewer service shall only be provided to property from
dedicated alleys or comparable easements except:
(I) In certain manufacturing zones where alleys or easements were not
required by the planning and zoning commission; or
(2) Where the City Council finds that in specific locations, in order to avoid
and eliminate extremely unhealthful conditions which are contributing factors to
pidemics, it is the express policy of the City Council, when expressed by its
esolution, to provide water and sewer service from the street.
20
(b) Water service for private fire protection systems requiring service lines greater
than three-fourths the size of the waterline 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 tap and extension to the property line.
(c) The property owner or conswner is responsible for the final connection of the
water and/or sewer service to the property.
SECTION 25. THAT Section 28-152 of the Code of Ordinances of the City
of Lubbock, Texas, is hereby amended to read as follows:
Sec. 28-152. Pro rata accounts, deposits, charges.
(a) There shall be a pro rata water account and a pro rata sewer account maintained
as a part of the city's general ledger. The chief financial officer 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 account, and all monies received for sewer pro rata payments shall be
1credited to the sewer pro rata account.
(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 appropriate water pro rata
account 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 appropriate sewer
pro rata account.
SECTION 26. THAT Section 28-153 of the Code of Ordinances of the City of
Lubbock, Texas, is hereby amended to read as follows:
Sec. 28-153. Cost oflarge mains may be partially paid by city.
When the utility plan of the city requires the extension of a main larger than that
determined by the director of water utilities as adequate to serve the property on
~hich the pro rata is paid or to be paid, the city may, subject to the terms hereof, 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 may participate in the cost of water mains larger
1han sixteen ( 16) inches diameter and sewer mains larger then fifteen (15) inches in
':diameter and/or mains required to be buried at a depth of greater than twenty-five
1(25) feet, with the approval of the City Council.
21
_JJ I
I I I
OWNED BY OTHERS
ALLEY OR EASEMENT
EXISTING 16" PROPOSED 24"
In above, upon acceptace of the wor1<, the developer will be refunded
the difference between evaluated costs of a twenty four inch (24') main
and a sixteen inch {16") main
I I
SECTION 27. THAT Section 28-154 of the Code of Ordinances of the City of
Lubbock, Texas, is hereby amended to read as follows:
Sec. 28-154. The total costs of the extension.
(a) The total cost of the extension for water and/or sewer service to the property
shall be based on the plans for the extensions that have been approved by the chief
water utility engineer. As an alternative, if the person or developer does not elect to
use the total cost of the extension provision, then he may receive competitive bids to
determine the total cost of the extension in accordance with the city's form. plans and
specifications. Use of this alternative shall be subject to approval in advance by the
l hief water utility engineer for compliance with all competitive bid processes,
t'rocedures and requirements. If the total cost of the extension is pursued and
1authorized in this manner, then the total cost of the extension determined by this
imanner shall be used to establish all pro rata requirements and refund opportunities
established herein.
(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
~he property on which the pro rata is paid.
l(c) Extensions within the subdivision or other properties to be developed:
(1) Developers of such subdivision or other property will defray the entire
ost of water and/or sanitary sewer system within their subdivision except that the
city may refund the oversize cost of water mains larger than sixteen (16) inches in
diameter and/or sewer mains larger than fifteen (I 5) inches in diameter and/or a depth
deeper than twenty-five (25) feet unless a larger size is required to serve the
subdivision in question. Size and depths of mains for adequate service shall be
etermined by the chief water engineer, and his decision shall be final. Refunds for
versize cost will be made according to section 28-158.
22
r-----I -----
' I I I
I <
I
I
' '-r----.....1...-----
EXISTING 16'
' ' I I
I
I
I
I
1-----------
I
I
' I
' I
' ' ' ' I
I
I
I
I
' ' I
I
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I
I
'
..._________ PROPOSED 16"
._____ ...U,EYOR~Nfl"II~
PROPOSED SUBDIVISON
I I
In above subdivision. the mains are on-site
Total cost to be borne by the developer
(2) Main lying along one or more sides of a subdivided tract: For water
mains sixteen (16) inches, and sewer mains fifteen ( 15) inches and smaller, the
developer will be refunded one-half the evaluated cost of the main constructed as set
forth, such refunds will be made as provided in Section 28-15 8.
JJ I
I
I I
OWNED BY OTHERS
ALLEY OR EASEMENT ----------------------------------------~ EXISTING B" PROPOSED 8"
-n 11 I I
In above, since the main 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 main according to section 28-15B.
SECTION 28. THAT Section 28-155 of the Code of Ordinances of the City of
ubbock, Texas, is hereby amended to read as follows:
ec. 28-155. Developer installation.
a) Installation by developers by private contract.
(1) A developer shall contract with a private engineering firm for the design
d preparation of construction plans for water and sanitary sewer facilities to serve
23
any new subdivision within the City of Lubbock and 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 sheets as per city standard. All known existing or subsurface utility lines
and obstructions shall be shown. Upon, and along with, submission of preliminary
plans for engineering review by the city, the developer will submit an engineering
estimate utilizing the pro rata values currently as outlined in Section 28-160 to cover
!the costs of water and/or sewer line construction and then deposit with the water
utilities department a minimum of fifty dollars ($50.00) or one-half of one percent
(.5%), whichever is greater, for water line construction, and minimum of fifty dollars
($50.00) or one-half of one percent (.5%), whichever is greater, for sewer line
construction to cover the cost of plan review by the city personnel. Line construction
shall be defined to include the value of materials and labor to install these materials,
in accordance with Section 28-160, necessary to complete the proposed water and/or
sewer improvements. The engineer preparing the plans and profiles must be a
registered professional engineer in the State of Texas, and he must affix his seal and
signature to all plans and profiles submitted for construction.
n the instance that plans are submitted for re-review containing substantial changes
and/or alterations, an additional review fee of fifty dollars ($50.00) or one-half of one
percent (.5%), whichever is greater, for water line and sewer line construction will be
assessed.
(3) Inspection fees.
a. Water line construction. Upon preliminary approval and before
any construction can begin on a water line, a fee of one hundred twenty-five
dollars ($125.00) or one and one-half percent (1.5%) of the estimated cost of
construction, whichever is greater, will be deposited with the water utilities
division, and placed in the water pro rata fund, to cover the cost of water line
inspection by city personnel. The cost of any construction required to be
accomplished by city crews will be in addition to the above fees (see section
28-l 55(a)(8)).
b. Sewer line construction. Upon preliminary approval and before
any construction can begin on a sewer line, a fee of one hundred twenty-five
dollars ($125.00) or one and one-half percent (1.5%) of the estimated cost of
construction, whichever is greater, will be deposited with the water utilities
division, and placed in the sewer pro rata fund, to cover the cost of sewer line
inspection by city personnel. The cost of any construction required to be
accomplished by city crews will be in addition to the above fees (see section
28-l 55(a)(8)).
24
(4) In the instance that the actual cost of construction is less than or greater
1than the estimated construction costs, the plan review fee and the engineering fees
will be adjusted accordingly, if appropriate, to accurately reflect the intent of
subsections (a)(l), (2), and (3).
(5) Upon preliminary approval of the plans by the city, the developer may
enter into a contract with a 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 inspected by the city to ensure that
the installation is made in accordance with the plans and city's standard specifications
which, in every instance, shall be part of said installation contract.
(6) When the project is ready for construction and the plat has been
!approved by the city, line and grade stakes will be set by the developer's engineer or
1surveyor. These stakes will not be set, however, until the developer's surveyor has
iproperly staked on the ground with iron pins all points of curve and tangency, all
block corners, and control points.
(7) The complete and accurate to-scale, in accordance with the current
standards and specifications in the City of Lubbock Water and Sewer Master Plans,
ith the seal of the developer's engineering consultant, reflecting actual constructed
ater and sanitary sewer facilities shall be submitted to the water utilities department
or final approval within three months of substantial completion of the project. Final
approved record drawings will held by and become the permanent property of the
City.
(8) The developer's contractor shall be responsible for all water valve,
meter box, sewer manhole adjustments, and maintenance of infrastructure to utility
lines not yet accepted into the city system.
(b) Alternate method of providing utilities under private contract. The city water
!utilities engineer may allow City personnel to perform engineering services on water
and sewer improvements in accordance with section 28-157. This alternative, if
~equested by the developer, would only be considered on small developments (less
~ban twenty thousand dollars ($20,000.00) in construction costs as estimated by the
1city engineering staff using the unit prices herein). With this alternate method of
'providing for city utilities under private contract, the developer will deposit with the
C ity ten (10) percent of the engineering estimate to cover the cost of surveying,
engineering, testing and inspection by city personnel plus the estimated cost of any
[construction required to be accomplished by City personnel. The final cost and
~ngineering will be adjusted upon completion of the particular project to reflect ten
( 10) percent of the actual contract cost.
(c) In an effort to preserve the integrity of utility lines and paved alleyways, the
eveloper shall provide the necessary sewer and water services to the property line to
erve all lots within that particular subdivision on new construction, and that do not
25
abut any existing water and/or sewer mains. Where a new subdivision abuts or is
1 adjacent to existing water and/or sewer mains the city will make a per lot basis
according to prices included herein.
In the event the developer chooses to make water and sewer service connections to
roperty adjacent to the developer's property and which is owned by another party,
he cost of those services shall be paid by the developer and included as part of the
refund contract based on the unit prices included herein and estimates made by the
water utilities division. All refunds will be made in accordance with section 28-158.
All water and sewer service connections are to be constructed to the City of Lubbock
Design Standards and Specifications for Water and Sewer, as same may be amended
from time to time. All water and sewer service connections made, with the exception
of distribution connections and new construction, will be made solely by the City
r ersonnel or by a City-designated contractor. On new construction, the developer
lwill be required to install wyes, tees. or tapping saddles for sewer connections and
1
extended to the property line.
IJf water and/or sewer service taps are to be made by the City, the service tap fee for
leach lot within the subdivision, and where requested for each adjacent property, must
~e paid prior to acceptance by the City Manager or his designee.
(d) No installation of water and sanitary sewer mains will be accepted by the city at
~my other location except a dedicated street, alley, or an easement in favor of the city
which shall be filed of record by the owner of said addition.
e) Under the private contract method of installation by developers, the valued unit
ro rata cost for the water and/or sanitary sewer facilities shall be the pro rata for the
ubdivision.
(f) When existing water and/or sewer facilities or mains are lying along one or
ore sides of the property being platted, the owners or developers shall pay the city
ne-half of the valued unit pro rata cost of the existing mains as defined in section 28-
l 54(a).
g) The payment of fees based upon the projected cost of the project in this section
hall increase only if the actual project cost is more than five percent (5%) higher or
ower than the original estimate.
SECTION 29. THAT Section 28-157 of the Code of Ordinances of the City
f Lubbock, Texas, is hereby amended to read as follows:
bee. 28-157. Professional services for extension and fees.
I a) The professional services work necessary to prepare engineering plans, to
urvey, and to inspect the construction required to provide water and/or sewer service
26
shall be done by the city water utilities engineering department or an authorized water
utilities representative.
(b) The cost of the extension required to serve the property shall be the swn of:
i the cost of professional services estimated at six (6) per cent of the total cost of the
construction; (ii) three (3%) percent of the total cost of construction to cover
inspection and testing; and (iii) three (3%) percent of the total cost of construction to
cover surveying, all of which cumulatively shall not exceed a total of twelve (12%)
percent of the total cost of construction. Total cost of construction as used in this part
shall be defined as the contractor's labor and material cost to install the extension.
(c) Plans for the extensions shall conform to the City of Lubbock Water and
Sewer Master Plans and shall include all necessary mains, lines, and appurtenances
equired 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
he 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 performs the work, in which case the estimated costs will be the actual cost to the
Jdeveloper. These cost estimates shall be valid for sixty (60) days. A new estimate
shall be prepared if the work is not requested and paid within sixty (60) days of the
:estimate.
I
(f) No construction of water and/or sewer facilities shall begin until the
1developer's surveyor has properly staked with iron pins, all points of curve and
!tangency, all block corners, and control points.
SECTION 30. THAT Section 28-158 of the Code of Ordinances of the City
of Lubbock, Texas, is hereby amended to read as follows:
Sec. 28-158. Refunds.
t the option of the city, the Total Cost of the Extension approach for extensions over
one hundred fifty (150) feet may be used.
When a line is extended in accordance with the provisions of this article, and the
otal Cost of the Extension method is used, the City may enter into a contract to
efund the person, entity, group, or corporation requesting the extension. The amount
~
f the refund. if any, shall depend upon the number of adjacent property owners that
hoose to connect to the line and pay the determined pro rata or adjacent main fee
uring the term of the contract The City shall hold adjacent main fees received
uring the tenn of the contract in trust, and periodically make payments to the person,
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entity, group, or corporation that requested the extension, and that is entitled to the
efund payment by contract. The City provides no guarantee as to the amount of
efund that might occur during the term of the contract, and the city is under no
obligation to pay, from its own funds, any portion of the refund. The contract shall
document the total footage of water and or sewer line extensions for the project, and
shall provide for a refund based upon the current unit price list in effect at the time
the request for a connection is processed. A copy of the pro rata ordinance
provisions, effective at the time that the contract was approved and entered into, shall
be attached as an exhibit and become part of the terms and conditions of the contract
for all contracts adopted on or after the effective date of this ordinance. All contracts
entered into on or before that date remain legal and binding for the term approved
within each contract, and the pro rata or adjacent main fee provided for in each
contract shall be calculated as provided for in Section 28-160 of this Code.
(a) Contracts for refunds as provided herein shall be executed by the developer and
he city manager. The term of the contract shall be fifteen (15) years, the City shall
ot be liable for refunds after the term of the contract, and no interest shall be paid by
he City for any money 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
receding six (6) months. Refunds shall be earned when pro rata payments have been
ade for property on which the refund is based.
( c) When an owner or developer has a refund due as a result of payment of the pro
~ata on adjacent property which he also owns, this earned refund may be credited to
~he pro rata payment due on the adjacent property at the time the adjacent property is
platted.
(d) When temporary sewers or facilities are constructed as an expedient to develop
~ particular area, or when sewers are constructed which otherwise are not required in
lthe ultimate plan of development for the sanitary sewer system, the developer shall
ear the total cost without refund and the value of the temporary sewers or facilities
hall not be allowed the developer towards payment of his pro rata charges. When
here is an extension made to a temporary service to serve existing structures outside
he area to be developed, the developer shall be limited to one-half of the pro rata
ollected. Any refund shall be applied toward pro rata refunds on property served by
he temporary extension.
e) When an approach main or boundary main is in an alley and the total cost of the
~
xtension is greater than the pro rata charge paid on the applicant's property, then the
ost above the pro rata charge shall become refundable, in such a manner that when
ighty-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 of his pro
ata in consonance with contract provisions.
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(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, one unit for each fifty (50) feet of
approach main and/or boundary main.
SECTION 31. THAT Section 28-160 of the Code of Ordinances of the City
of Lubbock, Texas, is hereby amended to read as follows:
Sec. 28-160. Unit price list used in calculating construction costs of extensions.
A unit price list shall be developed and maintained by the chief water utility engineer.
The unit price list shall be reviewed and adjusted annually after to document current
prices and costs for water and sewer mains, appurtenances and related construction
IJabor and shall be considered by the City Council annually in conjunction with the
City's operating budget, for the purpose of determining the total cost of the extension
as provided for in this article. The unit price list shall be used in calculating
construction costs for the total cost of the extension for water and/or sewer mains and
appurtenances. The unit price list shall have an effective date of December 1st of each
ear.
SECTION 32. THAT Section 28-162 of the Code of Ordinances of the City
of Lubbock, Texas, is hereby amended to read as follows:
Sec. 28-162. All service taps with existing water or sewer mains are to be made by
he City of Lubbock or designated contractor.
All connections with existing city water mains shall be made by the City water
department at the direction of the director of water utilities, or by a contractor
authorized by the City.
SECTION 33. THAT Section 28-163 of the Code of Ordinances of the City
of Lubbock, Texas, is hereby amended to read as follows:
Sec. 28-163. Payments by owners in densely populated and other affected areas --
~
enerally.
here the City Council finds that in densely populated areas and in specific
l ocations, due to the absence of water and/or sewer service, the public welfare would
1
be best served by making water or sewer main extension at its own cost, and after due
t·nvestigation and consideration, in order to avoid and eliminate extremely unhealthful
onditions which are contributing factors to epidemics or to accomplish any other I alid public purpose, and where money is available for such purposes, it is the
xpress policy of the City Council, when expressed by its resolution, to extend water
d sanitary sewer mains into these densely populated or other affected areas without
deposit being required from the property owner; provided, however, that when lines
29
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.
SECTION 34. THAT, unless otherwise provided herein, a violation of any
rovision of this Ordinance shall be deemed a misdemeanor punishable as provided
y Section 1-4 of the Code of Ordinances of the City of Lubbock.
SECTION 35. THAT should any paragraph, section, sentence, phrase, clause
or word of this Ordinance be declared unconstitutional or invalid for any reason, the
emainder of this Ordinance shall not be affected thereby.
SECTION 36. THAT the City Secretary of the City of Lubbock is hereby
authorized and directed to cause publication of the descriptive caption of this
Ordinance as an alternative method provided by law.
SECTION 37. THAT this Ordinance shall become effective, except as may
therwise be provided herein, from and after its publication as provided by law.
AND IT IS SO ORDERED.
assed by the City Council on first reading this 10th day of June
assed by the City Council on second reading this 24th day of June
PPROVED AS TO CONTENT:
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,2010.
, 2010.
APPROVED AS TO FORM:
ms/Chap1cr 28,ord Waler & Pro Rata 6.15 10
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