HomeMy WebLinkAboutO-1953-442
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CRDmANCE NO. 4la
AN OBDmANCE PROVmmG FCR AN EXTENSION BY '!HE PROPERTY OWNmS OF WATER AND SlJiER-
AGE ]~ACILITIES mro AREAS WHERE NO SUCH FACILITIES EXIST, PROVIDING THE MANNER IN
VlHIC;f1 SAME SHALL BE PAID FCR AND REPEALlNG ORDINANCES IN CONFLICT THERENITH.
"HEREAS the proper development and. occupation for residential purposes at
Ce:rtlUn areas within the limits of the City of La Porle are being retarded by the
fact that there are no water am sewerage facilities therein; and
WHEREAS the City or La Porte has no funds available at this time with which
to pl~ the cost of extent!; I'lg water and sewerage facilities into undeveloped areas;
and
WHEREAS, in order to render such areas acceptable for occupancy and use for
residential p:Il1!poses, the following regulations are hereby adopted:
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE, '1EXAS:
Section 1. Upon written request of the owner or 0VIl aos, filed by saLd
owne]~ or owners with the City Clerk, desiring sanitary sewer and / or wate:r
connE!ctions with the existing mains or lines, the Director of Public "arks shall
make a stn"'VE!Y or the area involved and report bi.s findillgs to the City Commission.
If tlJe Cit;r Commission finds that the request is in accardmce with the regulations
prov.1:.ded for herein, the said Commission will forthvi. th direct the City Claok,
a.fte3~ agreement with the owner cr ovmers requesting such extensions, to advertise
far fJea1ed bids in accordance with procedure followed in other public developments.
Said bids shall be filed with the City Clerk and shall be opened at a meeting or
the Gity CoIllDissiCll with said property owners. The bids shall be subject to re-
e. jecti.on by t~e property omers or the City Camnission. If' m.d when a bid has been.
appl'(~ved. by both the propertY' o.mers and the City Ccmmission" the said O\vner or
a.mers cr their agenlis shall be required to deposit with the City the estimated cost
of the proposed extension and the City S1 all caatract with the successful bidder
far the performance or said wcrk. The 'WOrk shal1 then proceed under the general
supez'Viaian of the Directcr or Public Works to whom shall be submitted the necessary
planfJ and specifications of the extensions involved. Before connections are made"
the <rmers or all other property desiring to connect to such extensions shall be
requ:tred. to pay a front foot rate charge arrived at by multipJJing the nunber of
from; feet of the lot or tract or IBDi by the average actual cost per foat; or said
extEinsion. The saLd ft'cmt foot rates are to be the basis far cost on pt"oparty ad-
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joi.n:tng such extenSions or the usual width and conditions in areas platted into the
usuaJ. rectangular lots or tracts of land. SUCh armers of all property served by the
extezlSion shall pay their pro ra1;!a share of the charges bet'ore the cormeDtions are
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made to moo extension. When such connection for bona fide service to such aldiension
has been made, there shall be refum:led. to the first five persons advancing the whole
of the cost of such extension, that portion of cost so advanced by the intervening
prOPI9rty' ovmers, it bang mderstood that DO interest ,is involved in costs so depos-
i ted and refunded.
Section 2. The City Cla-k shall keep a record of all deposits and refunds
made within a period of ten years from the date or the original deposit. A:ny balance
of the orig:inal deposit made by prop erty owners under the t arms of Section 2 of
this ordinance r~iniTlg after a period of Ten (10) years from the d ate at' the
orig:l.naJ. application for an extension shall beccee the property or the City at'
La Perle. Aiid after such Ten (10) year period the owners of all other property
des:i.J~ng to connect to such ex:tension shall not be required to pay a pro rata
sharo for connections.
Section 3. All such mains and lines shaJJ. immediately become the property
or the City of La Porte and no person shall acquire any vested rights under the
terID.f1 and provisions at' this Ordiname.
Section 4. All orninances or parts of ordinances inconsistem with the
terDEi of this ordinance are hereby repealed; provided" h<J'!Tever, that such repeal
shall. be only to the extent of such inconsistency, and in all otbar respects this
orditLaDCe shall be cumulative of other ordinances regulating and governing the
SUbjEct matter covered by this ordinance.
Section 5. If any pl"avision" section, paragraph, sentence, clause or
phrSfle of 'this ordinance or the application of same to a:DiV person or set of cir-
cumstances shall for any reason be held unconstitutional" void or invaJid, such
invalidity shall not affect the validity or the rAII:lining proviSions or this
ordiD.ance or the:ir application to ather persons or sets of circwnst ances md
to tl:d.s end" all provisions of this ordinmce are declared to be severable.
Section 6. This ordin8nee shall take effect from and after its passage by'
the City Commi.ssion.
Passed and approved this the 3rd day or April, A. D. 1953.
M.~~'
. .. B\n"g:in,~ Y or La Po rte" Tex.
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