G-09-04-09-10B1 - 4/9/2009ORDINANCE NO. CT — Oct-- D4 _ U9 4
AN ORDINANCE AMENDING CHAPTER 10, SECTION 10.101,
CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND
ROCK, TEXAS, REGARDING GENERAL WATER AND SEWER
SYSTEM POLICIES; AND PROVIDING FOR A SAVINGS CLAUSE
AND REPEALING CONFLICTING ORDINANCES AND
RESOLUTIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND
ROCK, TEXAS:
I.
That Chapter 10, Section 10.100, Code of Ordinances (1995
Edition), City of Round Rock, Texas, is hereby amended to read
as follows:
SECTION 10.100 GENERAL WATER AND SEWER SYSTEM POLICIES
10.101 CONNECTION TO AVAILABLE SEWER AND WATER LINE REQUIRED
WITHIN NINETY DAYS; TOILET FACILITIES REQUIRED
(1) When the city determines that it is necessary to protect health, safety, and welfare,
each property owner owning a lot or Plot of ground in the City of Round Rock, Texas
on which there is located a house or dwelling occupied or capable of being occupied by
human beings and which lot or plot of ground is capable of connecting to a city sewer
or water line by construction of two hundred (200) feet or less of sewer or water line is
hereby required to connect such house or dwelling to such sewer and water lines at
their expense within ninety (90) days from the time the sewer or water service is
available. Each said property owner is further required to equip such house or dwelling
with toilet facilities and keep said toilet facilities connected at all times with the city
sewer and water lines and the occupants of the house or dwelling shall at all times use
the sewer and water facilities of the city.
(2) When the city determines that it is necessary to protect health, safety, and welfare,
each property owner owning a lot or plot of ground in the City of Round Rock, Texas
on which is located a building or structure containing toilet facilities and which lot or
plot of ground is capable of connecting to a city sewer or water line by construction of
two hundred (200) feet or less of sewer or water line is hereby required to connect such
building or structure to such sewer and water lines at their expense within ninety (90)
days from the time the sewer or water service is available. Each said property owner is
further required to keep any toilet facilities in any building or structure connected at all
times with the city sewer and water lines and the users of said building or structure
shall at all times use the sewer and water facilities of the city.
(3) The city council may, by resolution, waive the requirements to connect to the city
sewer or water lines.
0:\WDOX\ORDINANC\090909B1.DOC/rmc
H.
A. All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
B. The invalidity of any section or provision of this
ordinance shall not invalidate other sections or provisions
thereof.
C. The City Council hereby finds and declares that
written notice of the date, hour, place and subject of the
meeting at which this Ordinance was adopted was posted and that
such meeting was open to the public as required by law at all
times during which this Ordinance and the subject matter hereof
were discussed, considered and formally acted upon, all as
required by the Open Meetings Act, Chapter 551, Texas Government
Code, as amended.
Alternative 1.
By motion duly made, seconded and passed with an
affirmative vote of all the Council members present, the
reading this ordinance on two separate days was
requirement for
dispensed with.
READ, PASSED,
and ADOPTED on first reading this ,9Ili day
of t , 2009.
Alternative 2.
READ and APPROVED on first reading this the day of
, 2009.
READ, APPROVED and ADOPTED on second reading this the
day of , 2009.
2
ATTEST:
yiA
ALAN MCGRAW, Mayor
City of Round Rock, Texas
SARA L. WHITE, City Secretary
DATE: April 1, 2009
SUBJECT: City Council Meeting — April 9, 2009
ITEM: 1081. Consider an ordinance amending Chapter 10, Section 10.101, Code of
Ordinances, regarding connection to available sewer and water lines. (First
Reading)
Department: Water and Wastewater Utilities
Staff Person: Michael Thane, P.E., Utilities Director
Jim Stendebach, Planning and Community Development Director
Justification:
Chapter 10, Section 10.101, of the City of Round Rock Code of Ordinances, 1995 Edition, currently
includes the requirement that for property within the City, if habitable structures on that property are
within 200 feet of a water or wastewater line, they must connect to that line within 90 days of the line
becoming available. Additionally, connection to one type of line requires connection to the other type
within that same 90 days. Hence, if a property owner must connect to a newly available water line, they
must also abandon their septic system and connect to the City's wastewater line, even if that line is not
within 200 feet, and vice versa.
Requiring property that is to be unilaterally annexed to connect to municipal utilities within 90 days of
annexation, if they contain such a habitable structure within 200 feet of a water or wastewater line, may
be financially onerous and is not the intent of unilateral annexation. Staff does not desire that the 90 -
day connection deadline should automatically commence upon adoption of an ordinance unilaterally
annexing property.
Currently, Council has the option to waive, via a resolution, the connection requirement if physical
constraints result in extraordinary costs. This ordinance amendment would modify the waiver provision
so that Council may waive the 90 -day connection requirement for property unilaterally annexed, unless
health, safety, or welfare concerns are present. If the amendment is adopted, a subsequent resolution
concerning the connection requirement will accompany the forthcoming ordinances for unilateral
annexation.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: N/A
Background Information:
There are twelve tracts currently being considered for unilateral annexation. Six of these tracts are
public right-of-way only, with no requirement for utilities; six are private property that may be served by
municipal utilities.
Public Comment: N/A