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G-11-07-14-10C1 - 7/14/2011ORDINANCE NO. C�"—L�� D�� (4- 106.I AN ORDINANCE AMENDING CHAPTER 2, SECTIONS 2-79 TO 2-87; CHAPTER 36, SECTIONS 36-6, 36-106, AND 36-126; CHAPTER 40, SECTIONS 40-21 AND 40-22; CHAPTER 46, SECTIONS 46-13 AND 46-108, CODE OF ORDINANCES (2010 EDITION), CITY OF ROUND ROCK, TEXAS, REGARDING ADMINISTRATIVE DEPARTMENTS; 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: That Chapter 2, Sections 2-79 to 2-87, Code of Ordinances (2010 Edition), City of Round Rock, Texas, are hereby amended to read as follows: Sec. 2-79. Planning and development services department. (a) Establishment of planning and development services department. (1) The planning and development services department of the city is hereby created. (2) The head of the department shall be the director of planning and development services who shall be appointed by the city manager. The director of planning and development services shall exercise the duties and responsibilities of the Zoning Administrator. The director of planning and development services is sometimes referred to in this Code as the "PDS director". (b) Powers and duties of the director of planning and development services. (1) The director of the planning and development services department shall carry out functions of the department relating to urban planning activities, including but not limited to the following: development services, current planning, and long range planning. The director of planning and development services shall also administer the zoning ordinance found in Chapter 46 of this Code. (2) The director of planning and development services shall have supervision and control of the department, subject to the direction of the city manager. (3) The director of planning and development services shall organize the department. (4) The director of planning and development services shall promulgate policies, procedures, rules, directives, and orders for the administration of the department, including but not limited to discipline within the department. O:\wdox\SCClnts\0112\ 1104\MUNICIPAL\00226972. DOC/SLS Sec. 2-80. Finance department. (a) Establishment of finance department. (1) The finance department of the city is hereby created. (2) The head of the department shall be the director of finance who shall be appointed by the city manager. (b) Powers and duties of the finance director. (1) The director of the finance department shall carry out functions of the department, including but not limited to the following: head the financial activities of the city in the areas of accounting, reporting, purchasing, utility billing/collection, treasury, property tax, project finance, rate design and budget. (2) The director of finance shall have supervision and control of the department, subject to the direction of the city manager. (3) The director of finance shall organize the department. (4) The director of finance shall promulgate policies, procedures, rules, directives, and orders for the administration of the department, including but not limited to discipline within the department. Sec. 2-81. Library department. (a) Establishment of library department. (1) The library department of the city is hereby created. (2) The head of the department shall be the director of the library who shall be appointed by the city manager. (b) Powers and duties of the library director. (1) The director of the library department shall carry out functions of the department, including but not limited to the following: plan, organize and direct the activities, services, and programs of the public library. (2) The director of the library shall have supervision and control of the department, subject to the direction of the city manager. (3) The director of the library shall organize the department. (4) The director of the library shall promulgate policies, procedures, rules, directives, and orders for the administration of the department, including but not limited to discipline within the department. Sec. 2-82. Parks and recreation department. (a) Establishment of parks and recreation department. (1) The parks and recreation department of the city is hereby created. (2) The head of the department shall be the director of parks and recreation who shall be appointed by the city manager. 2 (b) Powers and duties of the parks and recreation director. (1) The director of the parks and recreation department shall plan, direct, and review all functions and operations of the department, including but not limited to the following: acquisition, planning, development and maintenance of the park system, forestry, recreational activities and recreation centers. (2) The director of parks and recreation shall have supervision and control of the department, subject to the direction of the city manager. (3) The director of parks and recreation shall organize the department. (4) The director of parks and recreation shall promulgate policies, procedures, rules, directives, and orders for the administration of the department, including but not limited to discipline within the department. Sec. 2-83. Human resources department. (a) Establishment of human resources department. (1) The human resources department of the city is hereby created. (2) The head of the department shall be the director of human resources who shall be appointed by the city manager. (b) Powers and duties of the human resources director. (1) The director of the human resources department shall carry out functions of the department, including but not limited to the following: direct activities related to human resources administration, employee relations, employee classifications, employee compensation and benefits, employee training and development as well as employee health, safety and risk management. (2) The director of human resources shall have supervision and control of the department, subject to the direction of the city manager. (3) The director of human resources shall organize the department. (4) The director of human resources shall promulgate policies, procedures, rules, directives, and orders for the administration of the department, including but not limited to discipline within the department. Sec. 2-84. Utilities and environmental services department. (a) Establishment of utilities and environmental services department. (1) The utilities and environmental services department of the city is hereby created. (2) The head of the department shall be the director of utilities and environmental services, who shall be appointed by the city manager. (b) Powers and duties of the director of utilities and environmental services. (1) The director of utilities and environmental services shall plan, direct, and review the functions of the department, including but not limited to the following: water and wastewater line maintenance and repair, plant operations, inflow and infiltration section, utility support section, solid waste services, drainage utility, laboratory services, industrial pre-treatment, and household hazardous waste services. 3 (2) The director of utilities and environmental services shall have supervision and control of the department, subject to the direction of the city manager. (3) The director of utilities and environmental services shall organize the department. (4) The director of utilities and environmental services shall promulgate policies, procedures, rules, directives, and orders for the administration of the department, including but not limited to discipline within the department. (c) Response time requirements. In response to the city's need to have certain personnel readily available for emergency situations, all personnel in the utilities and environmental services department hired on or after October 1, 2007, which are required to do so by the director of utilities and environmental services must certify to the director of utilities and environmental services, not later than 120 days after the person's hire date with the city, that he resides and has his true, fixed and permanent principal home within a 45 -minute response time location of the city's designated emergency operations center; and further that he agrees to continue to reside within such 45 -minute response time location for his duration of employment with the city, or be subject to dismissal from employment. Sec. 2-85. Transportation department. (a) Establishment of transportation department. (1) The transportation department of the city is hereby created. (2) The head of the department shall be the director of transportation who shall be appointed by the city manager. (b) Powers and duties of the director of transportation. (1) The director of transportation shall plan, direct, and review all functions and operations of the department, including but not limited to the following: transportation engineering; traffic operations; street maintenance and repair; and city shop; development of short and long range plans and implementation of department goals and objectives. (2) The director of transportation shall have supervision and control of the department, subject to the direction of the city manager. (3) The director of transportation shall organize the department. (4) The director of transportation shall promulgate policies, procedures, rules, directives, and orders for the administration of the department, including but not limited to discipline within the department. (5) Subject to the approval of the City Manager, the director of transportation shall appoint an individual to hold the position of the city engineer. The city engineer shall be a registered professional engineer in the state of Texas. (c) Response time requirements. In response to the city's need to have certain personnel readily available for emergency situations, all personnel in the transportation department hired on or after October 1, 2007, which are required to do so by the director of transportation must certify to the director of transportation, not later than 120 days after the person's hire date with the city, that he resides and has his true, fixed and permanent principal home within a 45 -minute response time location of the city's designated emergency operations center; and further that he agrees to continue to reside within such 45 -minute response time location for his duration of employment with the city, or be subject to dismissal from employment. 4 Sec. 2-86. General services department. (a) Establishment of general services department. (1) The general services department of the city is hereby created. (2) The head of the department shall be the director of general services department who shall be appointed by the city manager. (b) Powers and duties of the director of general services. (1) The director of general services shall plan, direct, and review all functions and operations of the department, including facilities management operations and future planning of city facilities, establishing procedures for maintenance, repair and/or replacement of facilities and grounds, administer the development of fleet administration standards and vehicle operating policies and directing the maintenance, repair replacement and disposal of vehicles and equipment. (2) The director of general services department shall have supervision and control of the department, subject to the direction of the city manager. (3) The director of general services department shall organize the department. (4) The director of general services department shall promulgate policies, procedures, rules, directives, and orders for the administration of the department, including but not limited to discipline within the department. Sec. 2-87. Information technology department. (a) Establishment of information technology department. (1) The information technology department of the city is hereby created. (2) The head of the department shall be the director of information technology department who shall be appointed by the city manager. (b) Powers and duties of the director of information technology. (1) The director of the information technology department shall plan, direct, and review all functions and operations of the department, including the acquisition, planning, operation, maintenance and inventory of all technology and communications equipment owned, leased or operated by the City. (2) The director of information technology shall have supervision and control of the department, subject to the direction of the city manager. (3) The director of information technology shall organize the department. (4) The director of information technology shall promulgate policies, procedures, rules, directives, and orders for the administration of the department, including but not limited to discipline within the department. 5 11. That Chapter 36, Sections 36-6, Code of Ordinances (2010 Edition), City of Round Rock, Texas, is hereby amended to amend the definitions of "Department of planning and community development or planning department" and "City engineer" to read as follows: Sec. 36-6. Definitions. For the purposes of this chapter, the following words, terms and phrases, shall have the meaning ascribed to them except where the context clearly indicates a different meaning: Department of planning and development services or planning department shall mean the offices of the city which oversee the administration of the subdivision regulations contained in this chapter. City engineer shall mean the individual appointed to that position by the director of transportation. Transportation director shall mean the director of the transportation services department of the city, or an authorized representative. 111. That Chapter 36, Section 36-106(c), Code of Ordinances (2010 Edition), City of Round Rock, Texas, is hereby amended to read as follows: Sec. 36-106. Traffic impact analysis. (c) TIA requirements. The TIA shall be prepared in accordance with the criteria checklist provided by the transportation department. Iv. That Chapter 36, Section 36-126(e)(2) and (5), Code of Ordinances (2010 Edition), City of Round Rock, Texas, are hereby amended to read as follows: Sec. 36-126. Gated communities. (e) Property owners associations. (2) The community covenants shall provide for a street maintenance reserve fund for the maintenance, repair and reconstruction of private streets, related private storm sewers and drainage facilities, access control structures and equipment. This reserve fund shall be maintained in a separate account and may not be co -mingled with any other property owners association funds. A portion of the assessments levied by the property owners association will be placed in the street maintenance fund. The portion of the assessments collected from lot owners and placed in the street maintenance fund will be based on the 6 (5) current maintenance and replacement schedule prepared and certified by a licensed engineer or an individual holding an RS ("reserve specialist") designation from the Community Associations Institute. In conjunction with approval of the final plat, the basis and formula for calculating the amount of assessments to be deposited in the street maintenance fund, shall be subject to review and approval by the director of transportation and the DSO engineer. The property owners association shall provide to the city: (i) annually an affidavit setting forth the fund balance and any expenditures therefrom; and (ii) at least once every three years, an updated maintenance and replacement schedule prepared and certified by a licensed engineer or a reserve specialist. No more than once annually, the basis and formula for calculating the amount of assessments to be deposited in the street maintenance fund may be amended, subject to the review and approval of the director of transportation and the DSO engineer. The community covenants shall provide that the streets within the gated community are private, owned and maintained by the property owners association and that the city has no obligation to maintain or reconstruct the private streets, nonpublic storm sewers and drainage facilities. The covenants shall include the following provision: "The property owners association shall be responsible for contacting the City of Round Rock Transportation Department every two years, or as needed, from time of initial completion to schedule an inspection, to include city staff and the property owners association's representative for reviewing the private streets". V. That Chapter 40, Section 40-21(i)(1), Code of Ordinances (2010 Edition), City of Round Rock, Texas, is hereby amended to read as follows: Sec. 40-21. Monopoles and self -enclosed monopoles. (i) Application requirements for site plan review and building permit. The following steps must be taken for the application of a new monopole or self -enclosed monopole to be considered for review: (1) Applications and all associated plans and documentation shall be submitted to the planning and development services department. VI. That Chapter 40, Section 40-22(e)(1) and (7), Code of Ordinances (2010 Edition), City of Round Rock, Texas, is hereby amended to read as follows: Sec. 40-22. Attached WTF. (e) Application requirements for site plan review and building permit. The following steps must be taken for the application of a new attached WTF to be considered for review: (1) Applications and all associated plans and documentation shall be submitted to the planning and development services department. 7 (7) If the applicant is proposing to install a roof -mounted WTF, the planning and development services department shall be provided with an engineer's certification that the roof will support the proposed WTF and associated roof -mounted equipment. VII. That Chapter 46, Section 46-13(1), Code of Ordinances (2010 Edition), City of Round Rock, Texas, is hereby amended to read as follows: Sec. 46-13. Filing of applications. For all applications filed under this chapter, the following shall apply: (1) Application filed. Pursuant to V.T.C.A., Local Government Code ch. 245, the rights to which an applicant is entitled shall accrue on the filing of an application that gives the city fair notice of the project and the nature of the permit sought. An application is considered filed on the date the applicant mails by certified mail or delivers the application to the following address: City of Round Rock Department of Planning and Development Services Attn: Planning Director 301 West Bagdad, Suite 210 Round Rock, TX 78664 VIII. That Chapter 46, Section 46-108(d), Code of Ordinances (2010 Edition), City of Round Rock, Texas, is hereby amended to read as follows: Sec. 46-108. Partial tax exemption for historically significant sites. (d) Application. For each assessment year for which the owner of property designated a historic site desires such property to be partially tax exempt pursuant to provisions of this subsection, the owner shall file with the county tax appraisal district a sworn application, not later than April 1, setting forth the fact that the requirements of subsections (e), (f), and (g) of this section concerning the preservation and maintenance of the subject structure were being fully satisfied as of January 1 of the year for which application for exemption is being sought. Application forms are to be available at the city planning and development services department and at the county tax appraisal office. The application shall affirmatively set forth the owner's authorization for members of the historic preservation commission to visit and inspect the historic property, as well as examine the books and records as necessary, to certify whether or not the property qualified based upon the criteria of this section. 8 IX. 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 requirement for reading this ordinance on two separate days was dispensed with. READ, PASSED, and ADOPTED on first reading this (0 day of lik14" , 2011. Alternative 2. READ and APPROVED on first reading this the day of , 2011. READ, APPROVED and ADOPTED on second reading this the day of , 2011. 9 ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Secretary 10 ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. City Council Agenda Summary Sheet Agenda Item No. 10C1. Consider an ordinance amending Chapter 2, Section 2-79 to 2-87; Chapter 36, Sections 36- 6, 36-106, and 36-126; Chapter 40, Sections 40-21 and 40-22; Chapter 46, Sections 46-13 and 46-108, Code of Ordinances (2010 Edition), Regarding Administrative Departments. Agenda Caption: (First Reading) Meeting Date: July 14, 2011 Department: Administration Staff Person making presentation: Steve Norwood City Manager Item Summary: This ordinance amendment is administrative and will clean up the ordinance to reflect the organizational changes that have occurred in the last 6 months. The proposed changes are reflected below Department names with changes: Planning and Community Development Department -4 Planning and Development Services Department Water/Wastewater Utilities Department -) Utilities and Environmental Services Department Transportation Services Department -)Transportation Department New Departments being added: General Services Department Information Technology Department Strategic Plan Relevance: Cost: Source of Funds: N/A N/A Date of Public Hearing (if required): N/A Recommended Action: Approval