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O-2018-5866 - 9/27/2018 I ORDINANCE NO. 0-2018-5866 2 J 4 AN ORDINANCE READOPTING AMENDMENTS TO THE CODE OF 5 ORDINANCES, CITY OF ROUND ROCK, TEXAS (2010 EDITION) 6 PREVIOUSLY ADOPTED BY ORDINANCE NUMBERS 0-2018-5091, 7 0-2018-5788, 0-2018-5096, 0-2018-579% 0-2017-48355 0-2018-5461, 8 AND 0-2017-4343; AMENDING THE CODE OF ORDINANCES, CITY 9 OF ROUND ROCK (2018 EDITION) TO INCORPORATE SAID 10 AMENDMENTS; PROVIDING FOR A SAVINGS CLAUSE; REPEALING 11 CONFLICTING ORDINANCES OR RESOLUTIONS. 12 13 14 WHEREAS, the City of Round Rock (the "City"), as a Texas home-rule 15 municipality, passes general and permanent legislation by adopting ordinances for the 16 good government, peace, and order of the municipality; and 17 WHEREAS, the City previously had all such ordinances codified in its "Code of 18 Ordinances, 2010 Edition;" and 19 WHEREAS, the City has formally adopted "Code of Ordinances, 2018 Edition;" 20 and 21 WHEREAS, certain ordinances were adopted by the City amending the Code of 22 Ordinances, 2010 Edition that were not incorporated in the Code of Ordinances, 2018 23 Edition and said ordinances require re-adoption for incorporation into the Code of 24 Ordinances, 2018 Edition; and 25 WHEREAS, the incorporation of said previously adopted amendments requires 26 certain amendments to the Code of Ordinances, 2018 Edition as set forth herein; Now, 27 Therefore 28 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, 29 TEXAS, 30 31 01 12.1804;00409507/ss2 32 I. 33 The amendments to the Code of Ordinances, 2010 Edition, adopted by 34 Ordinance Numbers: 0-2018-5091, 0-2018-57881 0-2018-50961 0-2018-57991 0-2017- 35 4835, 0-2018-5461, and 0-2017-4343 are hereby readopted and incorporated into the 36 Code of Ordinances, 2018 Edition. 37 II. 38 That Chapter 14, Code of Ordinances (2018 Edition), City of Round Rock, Texas 39 is hereby amended by adding new Section 14-213.1, which shall read as follows: 40 Sec. 14-213.1 Specific noise regulations. 41 42 (a) Certain uses as described in this Section shall be subject to the specific noise regulations as set 43 forth below. 44 45 (b) This subsection (b) applies only to outdoor live music venues that meet the following 46 requirements: 47 48 (i) are located within 1,000 feet of IH-35 or SH-45, and 49 (ii) the front of the stage is a minimum of 2,500 feet from any residential use or 50 hotel/motel/lodging uses as of the submittal date of the first City required development 51 application. 52 53 Said outdoor live music venues are exempt from the requirements of subsection 14-212(c) and 54 (d) during the hours set forth below: 55 56 (i) from noon to 6:00 p.m. on week days for sound check(s); 57 (ii) from 6:00 p.m. to midnight on week days for sound check(s) and/or live performances; 58 (iii) from noon to midnight on Sunday for sound checks and/or live performances; and 59 (iv) from 10:00 a.m. to midnight on Saturday and Federal holidays for sound checks and/or 60 live performances. 61 62 Except for the exemption set forth above, said outdoor live music venues are subject to the other 63 requirements of this Article VIII, specifically including the requirements of Tables I and II of 14- 64 212(b). 65 66 III. 67 That Chapter 24, Code of Ordinances (2018 Edition), City of Round Rock, Texas 68 is hereby amended by adding new Article V, which shall read as follows: 69 70 2 71 ARTICLE V. -COMPLIANCE WITH PEACE OFFICERS AND FIREFIGHTERS 72 73 Sec. 24-101.—Offense. 74 75 It shall be unlawful for any person to intentionally, knowingly, recklessly or with criminal 76 negligence fail or refuse to comply with any order, direction, instruction or warning of a peace officer, 77 firefighter or fire official that is given in a visible or audible manner. 78 79 Sec. 24-102.-Affirmative Defense. 80 81 It is an affirmative defense to a violation of this article that the order, direction, instruction or 82 warning of a peace officer, firefighter or fire official is unlawful. 83 84 Sec. 24-103.- Penalty. 85 86 A violation of this article shall be unlawful and a misdemeanor offense punishable by a fine not 87 exceeding the amount set forth in section 1-9. 88 IV. 89 That Chapter 32, Section 32-33, Code of Ordinances (2018 Edition), City of 90 Round Rock, Texas is hereby amended to read as follows: 91 Sec. 32-33. -Garbage collection service charges. 92 93 (a) Residential. 94 95 (2) The residential charge for the collection of refuse and for recycling services shall be 96 $17.61$18.96 per month. 97 V. 98 That Chapter 42, Section 42-128, Code of Ordinances (2018 Edition), City of 99 Round Rock, Texas is hereby amended to read as follows: 100 Sec. 42-128. School zones Street From To Speed Speed Zone Zone Times Meister Lane 200 feet north 200 feet south 20MPH 8:35-9:10 am of Tall Rider of Harvester 4:15-4:50 pm Lane Lane 101 102 J 103 VI. 104 That Chapter 44, Section 44-30, Code of Ordinances (2018 Edition), City of 105 Round Rock, Texas, is hereby amended to read as follows: 106 Sec. 44-30. Connection and transfer fees. 107 108 (a) Water, reuse water and sewer service connection and transfer fees. 109 (1) Upon making application for water, reuse water and/or sewer service the customer shall 1110 pay a service connection fee of$25.00 f^r o@^" Sor„�^o 111 (2) Upon making application to transfer an existing service account to a new address, the 112 customer shall pay a water and sewer service transfer fee of$25.00. 113 (3) 114 ^()RReGtiGR fee ef $75.00 shall be paid by the GUStGMer. NGrmal business hGurs 115 mme2RS weekdays fFGM 8:00 a.m. eXG1udiRglidayr Service will 116 generally be connected the next business day after the customer makes the application 117 for service. If a customer requests same day connection service, the fee for same is $75. 118 However, same day service may not be available if the work load does not permit it. 119 "Business Day" does not include Saturdays, Sundays, and holidays. 120 (4) Bulk water customers that require a fire hydrant meter to be relocated within the same job 1121 site or another job site shall pay a $45.0850.000 fee for each time that the meter is 122 relocated. 123 (b) Additional service trips. If additional meter service trips are required, including rereads and trips 124 for collection of outstanding charges, fees or penalties, the customer shall pay an additional trip 125 fee in the amount of $25.00 for each additional trip made to the location. If any service trips are 126 caused by the city's error, the customer will not be charged such additional trip fee. 127 128 VII. 129 130 That Chapter 44, Section 44-35, subsections (d) and (e), Code of Ordinances 131 (2018 Edition), City of Round Rock, Texas, is hereby amended to read as follows: 132 Sec. 44-35. - Utility billing policy. 133 134 (d) Penalty for late payment. 1135 (1) Any bill not paid by the 16th day fellewing the mailiRg of the due date shall be 136 deemed past due and a late fee of $2.50 or ten percent of the total amount due, 137 whichever is more, will be assessed. 138 (2) Any bill not paid by 5:00 p.m. on the 14th day following the due date will be assessed a 139 $25.00 Past Due Administrative Fee. 140 (3) Upon written request by a customer with proof that such individual is age 60 years or 141 over, payment may be delayed without penalty until the 25th day after the date the bill is 142 issued. This subsection applies only to residential customers who occupy the entire 143 premises for which the delay is requested. 144 (e) Disconnection and restoration of services. 145 (1) if a bill GGRtORUeS to be past due fer a periGd iR eXGeSS Of 14 days, the water supply tG the 146 , 4 147 :eAse fees,—chargPs-OF Pe s aro Paid in fUll. If a bill is not paid by the 14th day 148 following the due date, the water supply to the customer shall be shut off. Water service 149 shall not be resumed until all outstanding fees, service fees, charges or penalties are 150 paid in full. 151 152 (2) The service fee for service restoration dUFiRg regular h„ciRess hears (MGRday-Friday, 153 shall 154 be $50.00. Service will generally be re-connected the next business day after the 155 customer pays the past due bill and service fee in full. If a customer requests same day 156 re-connection service, the service fee for same is $75. However, same day re-connection 157 service may not be available if the work load does not permit it. As used herein, 158 "Business Day" does not include Saturdays, Sundays, and holidays. 159 (3)-Seg +E e 160 . 161 162 VIII. 163 164 That Chapter 44, Code of Ordinances (2018 Edition), City of Round Rock, Texas, 165 is hereby amended by adding Article XIII which shall read as follows: 166 ARTICLE XIII.—Network Nodes in the Public Right-of-Way 167 168 Sec. 44-431 -Purpose and Scope 169 170 (a) Purpose. The purpose of this Article is to establish policies and procedures for the placement of 171 node support poles in the right-of -way and network nodes in the public right-of-way and on 172 service poles within the City's jurisdiction, which will provide public benefits and will be consistent 173 with the preservation of the integrity, safe usage, and visual qualities of the City public right-of- 174 way and the City as a whole. 175 (b) Intent. In enacting this Article, the City is establishing uniform standards to address issues 176 presented by network nodes, including without limitation, ensuring that network nodes or node 177 support poles do not adversely affect, 178 (1) use of streets, sidewalks, alleys, parkways and other public ways and places; 179 (2) vehicular and pedestrian traffic; 180 (3) the operation of facilities lawfully located in public right-of-way or public property; 181 (4) the ability of the City to protect the environment, including the prevention of damage to 182 trees; 183 (5) the character of residential and historic areas, and city parks, in which network nodes 184 may be installed; and 185 (6) the rapid deployment of network nodes to provide the benefits of wireless services. 186 (c) Conflicts with Other Chapters. This Article supersedes all Articles, parts of Articles or rules 187 adopted prior hereto that are in conflict herewith, to the extent of such conflict. 188 5 189 Sec. 44-432— Definitions 190 191 All terms used in this Article, not specifically defined herein, have the meaning provided in Chapter 284 of 192 the Texas Local Government Code. 193 194 (a) "Applicable Law" means Chapter 284 of the Texas Local Government Code. 195 (b) "Applicant" means any person who submits an application and is a network provider. 196 (c) "Application" means a request submitted by an applicant (i) for a permit to collocate network 197 nodes; or (ii) to install a transport facility; or (iii) approve the installation, replacement or 198 modification of a pole. 199 (d) "City Code" means those ordinance provisions relevant to use of the public right-of-way where 200 compliant with applicable law. 201 (e) "Collocate" and "collocation" mean the installation, mounting, maintenance, modification, 202 operation, or replacement of network nodes in a public right-of-way on or adjacent to a pole. 203 (f) "Day" means calendar day. 204 (g) "Decorative pole" means a streetlight pole specially designed and placed for aesthetic purposes 205 and on which no appurtenances or attachments, other than specially designed informational or 206 directional signage or temporary holiday or special event attachments, have been placed or are 207 permitted to be placed according to nondiscriminatory municipal codes. 208 209 (h) "Design District" means an area zoned, or otherwise designated by municipal code, and for which 210 the city maintains and enforces unique design and aesthetic standards on a uniform and 211 nondiscriminatory basis and includes the following: 212 213 (1) A public improvement district pursuant to Chapter 372 of the Texas Local Government 214 Code, as amended; 215 216 (2) reinvestment zone pursuant to Chapter 311 of the Texas Tax Code, as amended; 217 218 (3) planned development zoning district with Decorative poles; 219 220 (4) zoning districts MU-1 (Mixed-use Historic Commercial Core), MU-2 (Mixed-use 221 Downtown Medium Density), MU-L (Mixed-use Limited), H (Historic) Overlay, and CT 222 (Chisholm Trail) Overlay, as specified by City of Round Rock Planning and Development 223 Services; 224 225 (5) property located within 300 feet of any property zoned H (Historic) Overlay; 226 227 (6) conservation district; and 228 229 (7) any other area the City Council has designated a Design District, which does not require 230 a zoning case. 231 232 (i) "Design Manual" means design requirements adopted by City Council for the installation and 233 construction of network nodes and new node support poles in the public right-of-way that includes 234 additional installation and construction details. 235 6 236 (j) "Network Node" means equipment at a fixed location that enables wireless communications 237 between user equipment and a communications network. The term: 238 239 (1) Includes: 240 i. Equipment associated with wireless communications; 241 ii. A radio transceiver, an antenna, a battery-only backup power supply, and 242 comparable equipment, regardless of technological configuration; and 243 iii. Coaxial or fiber-optic cable that is immediately adjacent to and directly 244 associated with a particular collocation; and 245 (2) Does not include: 246 i. An electric generator; 247 ii. A pole; or 248 iii. A macro tower. 249 (k) "Network Provider" means: 250 251 (1) a wireless service provider; or 252 253 (2) a person that does not provide wireless services and that is not an electric utility but 254 builds or installs on behalf of a wireless service provider: 255 256 i. network nodes; or 257 258 ii. node support poles or any other structure that supports or is capable of 259 supporting a network node. 260 (1) "Node Support Pole" means a pole installed by a network provider for the primary purpose of 261 supporting a network node. 262 (m) "Person" means an individual, corporation, limited liability company, partnership, association, 263 trust, or other entity or organization, including the City. 264 (n) "Routine Maintenance" means (i) work in the public right-of-way that does not require excavation 265 or closing of sidewalks or vehicular lanes in a public right-of-way; (ii) replacing or upgrading a 266 network node or pole with a node or pole that is substantially similar in size or smaller and that 267 does not require excavation or closing of sidewalks or vehicular lanes in a public right-of-way; or 268 (iii) the installation, placement, maintenance, operation, or replacement of micro network nodes 269 that are strung on cables between existing poles or node support poles, in the public right-of- 270 way. 271 272 (o) "Service Poles" means a pole owned or operated by the City and located in a public right-of-way, 273 including: 274 275 (1) A pole that supports traffic control functions; 7 276 277 (2) A structure for signage; 278 279 (3) A pole that supports lighting, other than a decorative pole; and 280 281 (4) A pole or similar structure owned or operated by a municipality and supporting only 282 network nodes. 283 284 (p) "Technical Grounds" means, in light of prevailing industry and engineering standards, reasons of 285 insufficiency of capacity, safety, reliability and/or generally applicable engineering purposes 286 consistent with applicable law and City Code. 287 288 (q) "Transport Facility" means each transmission path physically within a public right-of-way, 289 extending with a physical line from a network node directly to the network, for the purpose of 290 providing backhaul for network nodes. 291 Sec. 44-433—Permitted Use; Application and Fees 292 293 (a) Permitted Use: Collocation of network nodes and the placement of node support poles, meeting 294 the parameters set forth in Sec. 44-435 below and in applicable law, shall be a permitted use. 295 (b) Permit Required. No person shall place a network node, transport facility or node support pole in 296 the public right-of-way, without first filing a permit application and obtaining a permit therefore, 297 except as otherwise provided in this Article. 298 (c) Permit Application. All permit applications filed pursuant to this Article shall be on a form, paper 299 or electronic, provided by the City. 300 (d) Routine Maintenance and Replacement. A permit application shall not be required for: 301 (1) routine maintenance that does not require excavation or closing of sidewalks or vehicular 302 lanes in a public right-of-way; or for 303 (2) the replacement of a node or pole with another node or pole that is substantially similar in 304 size or smaller and that does not require excavation or closing of sidewalks or vehicular 305 lanes in a public right-of-way. 306 (e) Information Updates. Any amendment to information contained in a permit application shall be 307 submitted in writing to the City within 30 days after the change necessitating the amendment. 308 (f) Application Fees. All applications for permits pursuant to this Article shall be accompanied by a 309 fee of $500 for up to five network nodes addressed in the same application, $250 for each 310 additional node in the same application; and a fee of$1000 for each node support pole. 311 Sec. 44-434—Action on Permit Applications 312 313 (a) Review of Applications. The City shall review applications for network nodes, node support poles 314 and transport facilities in light of their conformity with applicable law and City Code and shall 315 issue such permits on nondiscriminatory terms and conditions subject to the following 316 requirements: 317 8 318 (1) Within 30 days of receiving an application for a network node or node support pole, or 10 319 days for a transport facility, the City shall determine and notify the Applicant whether the 320 application is complete. If the application is incomplete, the City will specifically identify 321 the missing information in such notification. 322 (2) The City shall make its final decision to approve or deny a complete application no later 323 than 324 i. 21 days after receipt of a complete application for a transport facility, 325 ii. 60 days after receipt of a complete application for a network node; and 326 iii. 150 days after receipt of a completed application for a new node support pole. 327 (3) The City shall advise the Applicant in writing of its final decision. If the application is 328 denied, the City shall provide the basis for that denial, including specific provisions of City 329 Code or applicable law on which the denial was based, and send the documentation to 330 the Applicant on or before the day the City denies the application. The Applicant may 331 cure the deficiencies identified by the City and resubmit the application within 30 days of 332 the denial without paying an additional application fee, other than a fee for actual costs 333 incurred by the municipality. The City shall approve or deny the revised application within 334 90 days of receipt of the amended application. The subsequent review by the City shall 335 be limited to the deficiencies cited in the original denial. 336 (4) If the City fails to act on an application within the review period specified in this Sec. 44- 337 434, the application shall be deemed approved. 338 (5) An applicant seeking to install or collocate network nodes may, at the Applicant's 339 discretion, file a consolidated application and receive permits for not more than 30 340 network nodes. The City's denial of any node within a single application shall not affect 341 other nodes submitted in the same application. The City shall grant permits for any and 342 all nodes in a single application that it does not deny, subject to the requirements of this 343 Section. 344 Sec. 44-435— Network Nodes in the Public right-of-way; Maximum Height; Other Requirements 345 346 (a) Maximum Size of Permitted Use. Collocation of permitted use network nodes in the public right- 347 of-way shall be subject to the size limitations specified in Chapter 284.003 of the Local 348 Government Code. 349 350 (b) Maximum Pole Heights. A network provider shall ensure that each new, modified, or replacement 351 utility pole or node support pole installed in a public right-of-way in relation to which the network 352 provider received approval of a permit application does not exceed the lesser of: 353 354 (1) 10 feet in height above the tallest existing utility pole located within 500 linear feet of the 355 new pole in the same public right-of-way; or 356 357 (2) 55 feet above ground level. 358 359 (c) Undergrounding Provisions. A network provider shall comply with nondiscriminatory 360 undergrounding requirements, zoning regulations, state law, private deed restrictions, and other 361 public or private restrictions, that prohibit installing aboveground structures in a public right-of- 362 way. This requirement or restriction shall not be interpreted to prohibit a network provider from 363 replacing an existing structure with a substantially similar structure. 9 364 (d) Historic Sites and Design Districts. Subject to the permit application approval time frames in Sec. 365 44-434, a network provider must obtain advance approval from the City before collocating new 366 network nodes or installing new node support poles in any areas zoned or designated or defined 367 as a Design District. Such installations shall be subject to the design and aesthetic standards of 368 such areas. All applications for collocating new network nodes or installing new node support 369 poles within three-hundred feet of a designated historic landmark or historic district must be 370 reviewed by the City's Historic Preservation Officer for compliance with design and aesthetic 371 standards. 372 373 (e) Installation in Municipal Parks and Residential Areas. A network provider may not install a new 374 node support pole in a public right-of-way without the City's discretionary, nondiscriminatory, 375 written consent of the Utility and Environmental Services Director if the public right-of-way is 376 located in a municipal park or is adjacent to a street or thoroughfare that is 1) not more than 50 377 feet wide; and 2) adjacent to single-family residential lots or other multifamily residences or 378 undeveloped land that is designated for residential use by zoning or deed restrictions. A network 379 provider shall comply with private deed restrictions and other private restrictions when installing 380 network nodes in parks and residential areas. 381 382 (f) Zoning. A network provider seeking to construct, replace or modify a pole or node in the public 383 right-of-way that exceeds the height or size limits contained in this section, shall be subject to 384 applicable zoning requirements. 385 386 (g) Only One Node per Service Pole. Only one network node may be installed on a service pole. 387 Sec. 44-436— Effect of Permit 388 389 (a) Authority Granted. A permit from the City authorizes an applicant to undertake only certain 390 activities in accordance with this Article, and does not create a property right or grant authority to 391 the Applicant to impinge upon the rights of others who may already have an interest in the public 392 right-of-way. 393 394 (b) Time of Installation. A network provider shall begin the installation for which a permit is granted 395 not later than six months after final approval and shall diligently pursue the installation to 396 completion. Provided, however, the City may place a longer time limit on completion or grant 397 reasonable extensions of time as requested by the network provider. 398 399 (c) Interference with network nodes. A network provider shall operate all network nodes in 400 accordance with all applicable laws, including regulations adopted by the Federal 401 Communications Commission and shall ensure that the operation of a network node does not 402 cause any harmful radio frequency interference to a Federal Communications Commission- 403 authorized mobile telecommunications operation of the municipality operating at the time the 404 network node was initially installed or constructed. On written notice, a network provider shall 405 take all reasonably necessary steps to remedy any harmful interference. 406 407 Sec 44-437— Removal, Relocation or Modification of Network Nodes in the Right-of-Way 408 409 (a) Notice. Within 45 days following written notice from the City, a network provider shall, at its own 410 expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or 411 alter the position of any network node or node support pole within the public right-of-way 412 whenever the City has determined that such removal, relocation, change or alteration, is 413 reasonably necessary for the construction, repair, maintenance, or installation of any City 414 improvement in or upon, or the operations of the City in or upon, the public right-of-way. 10 415 (b) Emergency Removal or Relocation of Facilities. The City retains the right and privilege to 416 disconnect or move any network node located within the public right-of-way of the City, as the 417 City may determine to be necessary, appropriate or useful in response to any public health or 418 safety emergency. If circumstances permit, the City shall notify the network provider and allow 419 the network provider an opportunity to move its own facilities prior to the City disconnecting or 420 removing a facility and shall notify the network provider after disconnecting or removing a network 421 node or node support pole. 422 (c) Abandonment of Facilities. Upon abandonment of a network node or node support pole within 423 the public right-of-way, the network provider shall notify the City within 30 days. Following receipt 424 of such notice, the City may direct the network provider to remove all or any portion of a network 425 node or node support pole if the City, or any of its departments, determines that such removal is 426 necessary to protect public health, safety and welfare. 427 428 Sec. 44-438— Public Right-of-Way Rate 429 430 (a) Annual Rate. Once a network provider has installed and made operational a network node in the 431 public right-of-way, network provider shall pay to the City compensation for use of the public right- 432 of-way in the amount of $250 annually per node in the City public right-of-way. This annual rate 433 can be adjusted annually pursuant to Section 284.054 of the Texas Local Government Code. 434 435 (b) Cease Payment. A network provider is authorized to remove its facilities at any time from the 436 public right-of-way and cease paying the City compensation for use of the public right-of-way 437 following removal and notification to the City of such removal. 438 Sec. 44-439—Attachment to Service Poles in the Public Right-of-Way 439 440 A network provider shall be permitted to attach network nodes to city-owned service poles, consistent 441 with applicable law and City Code and subject to the requirements specified herein. 442 (a) Permits. A network provider shall obtain a permit, pursuant to the terms of this Article, prior to 443 collocating network nodes on service poles. 444 445 (b) Make Ready. Network Provider shall be responsible for costs for make ready work on City 446 service poles to which provider seeks to place a network node. 447 448 (c) Technical Limitations. Prior to collocating a network node on a city-owned service pole, the 449 network provider will provide to the City an industry standard pole load analysis indicating that the 450 service pole to which the network node is to be attached will safely support the load. 451 452 (d) Service Pole Attachment Fee. The rate to collocate a network node on a service pole in the 453 public right-of-way shall be $20 per pole per year. Subject to the provisions of Sec. 44-440, such 454 compensation together with the application fee and the public right-of-way rate specified in Sec. 455 44-438 shall be the sole compensation that the network provider shall be required to pay to the 456 City. 457 458 (e) Cease Payment. A network provider is authorized to remove its facilities at any time from a 459 service pole in the public right-of-way and cease paying the attachment fee to the City upon 460 notification to the City that the facilities have been removed. 461 Sec. 44-440—Transport Facilities 462 463 Installation of transport facilities, including applicable compensation to the City for such facilities, shall be 464 governed by Chapter 284.055 of the Texas Local Government Code. 465 11 466 Sec. 44-441 - Design Manual 467 A network provider shall comply with the City's Design Manual, if any, in place on the date a permit 468 application is filed in relation to work for which the City has approved a permit application. The City's 469 design manual may not conflict with applicable law and must be competitively neutral. This ordinance 470 shall be considered part of the City's Design Manual. 471 472 IX. 473 That Zoning and Development Code, Chapter 8, Article X, Division 9, Code of 474 Ordinances (2018 Edition), City of Round Rock, Texas, is hereby amended to read as 475 follows: 476 DIVISION 9. - ELECTRICAL CODE 477 478 Sec. 8-144. -General. 479 80 (a) National Electrical Code, NFPA 70, The National Electrical Code, NFPA 70, most-our-r-e;#-2017 81 edition,--atelatest- revisio hereto, (hereinafter referred to as "NEC"), as amended herein, is 482 hereby adopted as part of this division to the same effect as if it were copied verbatim herein and 483 shall be in effect except as it may be in conflict with the provisions of this Code or V.T.C.A., Local 484 Government Code§ 214.214. 85 (f) Amendments to the National Electrical Code, 2-00-22017 edition. 86 04--- AFtiGle-220, atiGRal E,leGtFiGal G.c�+uc;00 ed +GR, is—i�e4:e�e-Rded--by—dee-,Pg 87 SeGtien 22 and substituting the fnflGWiRn' 88 220 22. Ne-ut-ral Go -d�GtGf:7--Neu#-ra4-sendu�Gto-r-s--shaf4-be-off-4he--same ampacity._..as....the 89 4aest-� reuded-Ged�otcr: 90 �2� ____..._.._Aio4e-2404(�4};-Ntiooat-E4eetioa4-Godes; 9Q2-ed#t+e ieeeby-aided- adir�g 91 paragrp#{5�wiis4 �ha�l-read ae4tows- 92 (5}-Lecatio n-o€-pa r�e�-boarde-e r-9E 4 - R 4 E-N�'—dev+ces--F'an of-boa rde-or--0ER 93 0Wf4?,€NT-de es-e-ha41-4:,,ot-be4oca#ed-4i ba#hT-G49 .&--oloseets-or-w t -feet-of 94s ks;4av teres;wader-softe�e s ;r^,meter--hieater-;,, asN-R-g-rraGhjor-sir-�i4affi t res: 95 Pan-e4-boar"-h-av-e-#k-e4-G4aw+ng-r ches of 96 head-room►; h�ee-(�}-feed of wa4k--u 4ear e-a �-(39�-+r hes ►i u or��or-tat 97 Glear-apGe-wita--ami.r4Fmur-n-of-SiX4ra)-incbeCs n-each--cide-o#-eRcloeL+re 98 (31) Article 300, National Electrical Code, 2G0-2017 edition, is hereby amended by adding 499 Section 24 which shall read as follows: 500 300-24. Special Safety Measures. 501 (a) Except upon written permission of the building official, no electrical conductor of any 502 nature shall be installed nearer than three (3) inches to any metal pipe or duct which 503 could operate at a temperature in excess of one hundred twenty (120) degrees 504 Fahrenheit. 505 (b) Thermostat, low voltage control wiring and communications cables in dwellings shall 506 be protected from mechanical damage and shall maintain two (2) inches clearance from 507 all other wiring and pipes. Thermostat, low voltage control wiring and communications 508 cables shall be well strapped or supported with insulated staples or supports not to 509 exceed four(4) feet spacing. 12 10 (4)---Artic e QUO-or-i-, Na-tienal F='e tFiG@l t^nd��, `L�O�edl#}or� pe# a{f��{ -#o-ad{ {���#Fatien and 11 e4fo -e-n+, as no adop+�s-apart of#-h+s rr i iS4GF4 512 Sec. 8-146. - Electrical license examination. 513 14 All applicants for a 15 So�� !eGtrirnl liGeRse. building permit 16 are required to be licensed by the State of Texas or the City of Round Rock. 517 518 19 Enation fees-: 20 21 The-exar�iRation--and fioeR-&e-fees-for-the-various olassea-of-eieotrioia s-fol*a_-three-year period;_shall 22 be--as-Guxrenfly established--or as---hereafter-adopted--by--resolution-of-the.Gity-GounGil.from-time-to-time- 523 Sec. 8-148. - Licensing. 524 525 (e) License not required. The following may be performed by persons who are not licensed 526 electricians: 527 (1) Electrical work on one's own homestead, as reflected by public records, performed only 528 by the homestead owner; provided, that a permit as provided in section 8-149 shall have 529 been obtained and all other requirements of this division have been complied with except 530 the licensing provisions. 31 (T)- Q6aiisa 32 �. }.___-._.._.._-- 9astr electrician Candidates-for said-lioenae shalt; 33 a: -Be,a ia+ghSGhGel graduate or-the-equivalent-thereof 34 b.,- h.ow-proof-of-two years-as a._.Iiceosed.jour-neyma-n;_.;a-nrf 35 c -,S#GVV-p�= #somple#Gn--o#a-sixhour ew-oou-r&e-era t e n s+i4al E!eGtriGal (`nde_tn. 36 ;oot-r+Gal-code-{s-u-p�datedr befGfe-PeRewa-I-of4Ge{�-se- 37 (2) jai gieyman-elleGtr4Girt�'-f7'. G@Rdirtd.ate for sa Gence shaiI 38 a:_._. Be--a-l�igb.._school.._graduete-o-r_-the-eq-ui-valent#hereo.f;..,a.nd. 539 b, ' GR of -5 master 40 eleGtr+Gia4+- 41 }----College: 42 a—. A baolitr's-deg-r-ee e' riGal-eng+neerin-g-fr-em-a s55otlege-or-�f^i e i�Gh-regqulres 43 a#-Least-#a� �; m'ears of tun-res i�d�,nYce-as -p r erequ i-site-to-S UGh-degr-ee-s-la-a_!-be 44 GG -ed-th-e-equivale of hree-years efexperie +Ge and 45 pletior;-of 420-semester-loon-rs--of-work req u-ired--for--such.-degree-_shall 46 be-considered.-the--eq-uivale.nt_.of one-year_-experience: 47 (g) -- ppliGation- �, 48 (-i) Every-ap��Vl%_n -IGF @R-eRg e upen forms furnishe 49rh168f P_ldntri 4SpeGttGF_ 50 (.2.)............-_ Every..license-a.p.pi.ica.tiO.n_shali._Gtate.the full-.name.,_d.ate.-of....Birt-hi--wei.g.ht......h.eig.ht,_ey.e_..G.o.io.r,. 51 hair-Golor,.-sex, residence.and. business address of.the..applicant E v.e ryrr application_for an 52 original experien.ce...__.w-hether..._.t..he. ..applica.n.t- .has 53 heretofore.been_licen-sed..as_a joy:{rneyma.n, rnaster-_or ofhe.r-._classifiGa#ion._of.electrician..; 54 and._if--so--whe€a and-bf-w-liat-state;-Gour:ty-;--or-city;-.whether----said--1+Geese.-has--ever-been 55 suspended_-or-rev oked d-whe#her-the..appliGan-t-ha-s_ever--bee n refused_a_IiGense;and if 56 so;-th.e--date-of a-nd--the-reason-for-said-s ispe.nsion;--revocation,or--refusal 13 S 7 {0' Every application shad be aGGenapafjed-by-the-liGeRGe fon e-sc+bed4ri_seet-ion r 4-0 v. 58 _¢�}_-____-j".sclar�Ge-oeleGtriGa!lce�se- 59 f'f 1 Upon FeGeipt of pro' 7 �rx �yr-me-nt of the required e-,--a pa 44g-the 1 60 chief-electriGai--inspector shall issue to_the--applicant-.._the class-_of_....license_wtiaGl _said 61 applicant-+s qua.lified__to--receive under- the_provisionS-af this-division._:-The-Ghief-eleGtrica1 62 inspector_.s.h.aii.record..the iSS-U-ance..Of said IiGer-se: 63 (2) E-Gh Dien e shall hear a 6Stinrr,,ichinn Rumber accigRed tG-t-he-IiGeRsee,the full Ram- 64 sex, date-af-bine+, aa�eight, hiGh-the 65 IiGeRsee shall write his WSUal SigRaWrekirnmedia# y upan- 66 IiGe{se. No liGeRse shall hey lid until it is S_-9 cirrnrarl by the Iinnnc 67 (if) Requirements for continued licensing; master electrician. In addition to other requirements of this 568 division, all master electricians shall have their license number of company name on all company 569 trucks. 70 _m �x-pk-a-t-ie4;-e.PeYva4-. 71 {4)_..--___All-_eleGtrical---licenses--shah.. .xpir-e.-at 1-2=00--m.idn-ig4t.-on-..th.e_la.st-day-of--the--rn nth_af the 72 licensee's_birthday,- 73 ( }.___ __....Expired IiGenses..-nat--renewed-..as.-_provided in-4he-preceding. paragraph._shalt--be--deemed 74 Gan Gelled-and--appro priate-notations...refleGted..an-..th.e._officialliGer}se--fern;-d-s-of-the-city 75 (3) if a lirGeRSe is renewed 30 Or more days after expiratieR Adat�the normal fee shall "Ge 76 do-ubled: 77 (-k_-Y_--__ _ 41?active master-electrician_may--repuest4hat_his 4JGense_be.plaGed-n..-an inactive-status 78 after-pa -men.t_.of..-a fee.as current.1.y..-established-_o.r-as-hereafter-.adepted-.by-recoIutiGn-of-the.city. 79 Gaun.G4_fr4rn-time--tri-_time--A-rnaster eleotriGjan_holding_2n...iRaGt%ive- iicen-se---may__not_....perform 80 electF.iGal--woi-k-within-.-th.e_Gity-nor-obta4n...a-pe mit for-said- orae--.An--anacrtive.lie-ease.may-be_made 81 aotive key--paying-the-ac- a+Ve liGense--fee..- 82 (1)- D6!pljGate&In I e4/end at�t an e;ectr+Gian-s-license is-leer-deshe4Gensee-ma"bta-44 83 a-dpl}Gate-thereof-}pGn ft,rnirhinry Prnof caticfantGtQ-the-C-hlef-el-rtr`GirriGrl-insper- t sGQ tha 84 liGense-was lost,_or destroyed,.-and.-upon-payman-t.of-a--fee--as-�urrently--established-or--a --hereafter 85 adopted.-by-resolution-o€the-city--Gou-nGll-from-time-to--t+-m.e 86 (-m)- -NotiGe Of Gha ge of add, -Sc aM@ � fn hn given.Whenever a l�Gencer ee has G�J'.��7� -CG��J"G-"t�7'"4-C-i 87 (44 from-the--address.—listed-4n the official_Iicense...reGords 88 (2)- Changed his_name;or 89t3-�_._.._._....-__.C.hanged._his-place of-employment; 90 the 4Gegsee-s;, lam„-i„� d,�re;y netif-y--theGh-chief e!eGtriGal ins-peG e,iR '.riting-,-Gf tris-prese4# 91 ,addrece name anr� r.�mnloyment 92 (ng) r©iron } Certain acts prohibited. It shall be a violation of this division for any person: 93 (G-7 r,eba-tle}��2Nor' 94 {1)__..- The Gorn mission_may.-place a._.lic-ensee-on-probation r__suspend.any--eleGtriGian�_s license. 95 issued_by._.t.he_GG T1mission fora period--of-not more..tha.n.one.year, or revoke said__IiGense;. 96 after determining-_at a...prope.r-_hea4n.g,-as.__set.out-in._t-his...section.,..-that-.44e IiGensee has 97 violated..a.ny.._prov4sioOrdinance-or-reg.ulatio.n reaati.n. .to.or 98 governing elects-ilial-wiring;-repairing...or--construrtion;._inGludi.ng., but not limited to 99 a P--rm....nI'lrr "n ,,n I. fu.l-or-fraud ulent-use-of-said- ense- 00 b.-_--._..__.._-__....Habirua-lly-violating--th is--division:---{Habitual___s.hall._...rnea.r>_.._th-ree-or--more-.separate 01 violations:._). 14 02 G. !railing or r i i innzj o-iMake GGrreGtiiORS R�'rcGe s&a-FY-AG GUre de eGts n eIeGtri4Ga4 603 w-.-k-per#ermed_4nAtJe n-efth is 04 d-, _ _--P-erl.orming-_-any.-_eIeGtr+cal-._vork__jn--violation-..-ot--tN-s_-division- or-----tbe_-NationaE 05 -E4ertFi al Ce theGase-or a-cor}tri UtiRg caUSe Gf a-fire 06 wh t4eT—O oe-t there i&-any-aetuai _Ra age or Less, 07 e......_...__.......__...._....Perfor-ming._..-a.oy...eGeethcal_work. .i.orestrictions-....M-posed._.on......a 08 licensee:- 09 (2) If a liGe 10 the prov-i�s ion G Rtem plated h-�be eQt{o„ (-(R) of ti6SeGti^a n-���e-qe-�",;;� 'aid 11probation- aid ensee shall h-ra-vf�n #i-s-iGe-rim—ucttor c3t{c�1lc�ry—Guspe ded 12 pursuant cant to s bser+lon (q) of thicS S-Gtr 13 (p)-._. Hear Mcg--an. proeed4a: 14 (1) in deterr�g-cam=gee-pursuant-le s;bse- Gn-(n) of tac-shall 15raceed-1Upefl,a-steer„co;�ptai�+f�Tarr�;shed it "�aGity offfctal er-by-ar�persoon-aggrieVec� 16 by-the-action-of an-etec+riGian in the perf�a.nce-oT-elect icat--work fGF I ish an-eleC4ica4 17 permit ic-reg�ed, by thEs-d4sion- +� ��� 18 (2��p,�jt^-s�lf be in WFitin. ^ �/erified-by-the person f�mE -the-fel+ -s therein15 - 19 Three Gor-niec "the same c4,e� ed-,ith the-Gity Glerk--whe shall retain one dopy for 20 theGGPIeSGGRVeyThe rommicciG_R- 21 sUppo44u t.4er- action-_on-its part; 22 shall.order_-a--bearin.g.-to be-set--at..a._speci#ied--time-a.nd-.place--Iaid--nearing.shali-be..ope11 23 tothe public. 4,, C 24 (4) y- hieGrder and rmmpIeint 1eved-upGn-t-I -cGGt-f s'ed-by--%gi&tered-rnait 25 no-Tess-tha;� . "_J, hetare the hed�le"� e^�f th_e-hea-rig. 26 (5)-. ____._._Tb ..accused-sh,all-_appear--ir►-perscon.,by-counsee4,or-beth-, at -he-time._and._place-named-4.n- 27 the-order-and_m-ake-his-..defense to-4#ie-sar-me--=he--city--attorney_a.nd..the_accused--shah-be 2 8 eRt+fled.-ta--presen-t-euidea.ce_.a.n.d.-arg-ument-at-said--heafing; 29 (�}-...._.._._-.4 f..the.-accused_-€ai1.s._or-.refuses--to--appear--at-sa+d_.hearing,_tlie-GommJ&sion r-nay proceed to 30 hear-and--determine-the charges--i.n---his.-absence:. 31 (7) If the-acGUssed--admits-the truth-ef, the C`.hargc and r:n4-ssEon-byte-of four or 32 n hers -]in, find them to �e tr-ie-it-rnay pater @n order i icn pending the1, -t��'r-iz�'7'r-rrrra--n-rt.rn-cv- � y enter�-zrrr crc..-r- 3 3 hGense o >aid-elleGt4G a-n- 34 {.8_)______._._Th.e commission-sl ab-k�a+�e the- ov er,-throagt� its_chairman.-_o.r._secretary;._.-tG-administer 35 Baths and--to--compel_th.e--attendance-ofi-witnesses-bafore..it-b-y-subpoena issued giver th-e 636 s}gnature_of-tl ro.-chairman- 37 (C3\ IAlhcan the nommiocion hoc room tor! said- heerinn onrf ^v� o i+c deGisio �`'�-ver �..r� � �cr.,:.7��t�,vrr�'ple cpct-itr-r-rc,��,-rrra'g-ct-�T�..r-�'n'i"�d'4.�r'f.�7"cic..T:�.�..�cv raj�t:Jt'tY'�i�cY.�'�;.�Je 38 one-iopy-o-_Fts-dee-i�S p tt�-kte-fFled-`�"rrith the-i�i t�eff e'eGtr�pe-tor one-C-opy-v,444he 39 Gity nlerls end reg se a Gertifi ed-t0-tf e"GGused- 40 g-subsections_�-n)-and_(o)of this-section 41 (1} __-.. ..The..flcense-_of--any_person--shall..be--automatically_susperaded_upon final determination by 42 the coraamission-that.-said licensee.-has-committed-any of the.foliowing-_offenses 43 e --elmin�g ou-t aper-m p-tl-ie4iame-ef=a-person author+7eY� t^ "�^ tk�e-eieG iGa-1-word 44 anC-l-ther��fc c�rtc_ peri,itti eR not-a-utherized by this divissit erfGr-m-the 45 e;ertFical wow 46 b._-....__..____...__Tam per.ing....wit.h.,..,daverti.rig._from in--any-wa.y. inter.feri.ng with the-proper_action...ar 47 registration of-any-electric-meter: 15 48 o;;, S+ toA/,_it�o dioan - eeor-re uIatie 49 Fe4tiRg tG er-�o,.�e ning—eles�ieal—wi-r+nc--repafiring—a�oo��-wA4ceR—�r�rh+le- n e 50 probat_ton-i`rr'pcGed by-th�'r re G o,F iii iii I964-G-n- 51 (2)--87pe nhe_firrr f six y,,.B 52 sei, Tens, said suspension shall RJ i fGr a-peried of-ene year. 53 ( .}....._._-------T-he--sospensi.e.n of-_a --autoaticaIly--extended fo.r.a Oke per-ied as--the 54 orig.i.nal-..suspen-sion-upon_a_4na-l--determ.inabGn._-b-y_-the-.-nom+mission that--a._Nce nsee--has 55 bee n..--perfor-m.arrg.__...electFical._.work-- his._.-.license_-is---sLtspended--S,a.l.d._--..suspension 56 extension--shall-be.i.n....addition-to a.ny-other-penalty-assessed as.pro�ricfed in this division 57 (4) AUtongoti 58 license:-Any_Aoen-se-wh+ch....has--bee.n..-suspe.n.ded ptursuant to--th+s_-d v cion 59 shall-be-.suer-endere4..-to-and...retained--by the-ohaef-electr-i.ra!-inspector,-.At t-ha.end-of-the-period--of 60 suspension, .the--s4i. r-rendered._Iicease--�ha4_.be._returned..-to_the-4+censee..-and-_be_-valid_-under-_-the 61 prGvisiGns-in-this-d+vision;-provrided- 62 0) Ne fi,rthef_y_i-e4a.t Gns of this-dIOf. .on area GGmro Iher liGe ssee during the_s i�uspen,_7_sion. 63 period and 64 (2) if the-perif d of suspension extendshb��hn r�nrmol -,F ra#e-R-datute o-f sQse, tile 65 iGensee has-paid-all-lieense fptzsand/orpasted-all-surety-b ds in aGGGrdanon with this 66 diViSiora- 667 Sec. 8-149. 668 669 (d) Permit issuance. 670 (1) Permits shall be issued to licensed master electricians, or their duly authorized agents. 671 (2) The city operates under a "one permit" system on new construction whereby a general 672 contractor or owner may secure a single permit covering all of the building, electrical, 673 plumbing, heating, ventilating, and air conditioning requirements. However, where only 674 electrical work is being performed, a master electrician, as defined herein, must secure a 675 permit covering the work to be done. There shall not be more than one permit issued or 676 outstanding at the same time for any one installation of electrical equipment, except for 77 renewal, additions or finish-out or when requested by the city building official. 78 (3) The chief building inspector may require an inspection prior to the issuance of a permit. 79 (4) A permit issued under this division shall continue until revoked or for the period of time 80 designated on the permit. 81 (e) Revocation and suspension of hermits. 82 (1) The chief electrical inspector has the authority to revoke or suspend a permit or approval 83 issued if any violation of this division is found upon inspection or in the case there have 84 been any false statements or representations submitted in the application or plans on 85 which the permit or approval was based. 86 2 Revocation will be deemed to occur on the date that the permittee is duly notified of the 87 violation. 88 (ef) Reissued permit. A permit may be reissued changing the electrician of record upon written 689 application by the person to whom the original permit was issued. However, before the permit is 690 issued, the chief building inspector shall mail a written notice to the electrician of record with a 691 copy to the owner, notifying them of the application for a reissued permit. The notice to the 692 electrician of record shall be by certified mail, return receipt requested, and shall not be reissued 693 until the expiration of ten days after the notice was mailed. The application for a reissued permit 694 shall be accompanied by a permit reissuance fee as currently established or as hereafter adopted 695 by resolution of the city council from time to time. The applicant shall be responsible for all 696 electrical work on the project site, including all work performed prior to reissuance. 16 097 (fg) Duplicate. In the event that a permit is lost or destroyed, the permit holder may obtain a duplicate 698 thereof: 699 (1) By furnishing satisfactory proof to the chief electrical inspector that the permit was lost or 700 destroyed; and 701 (2) Upon payment of a fee as currently established or as hereafter adopted by resolution of 02 the city council from time to time. 03 (h) Certain acts prohibited. 04 (1) Any attempt to defraud or otherwise deliberately or knowingly design install service 05 maintain, operate, sell, represent, represent for sale, falsify records reports or 06 applications, or other related activity in violation of this division. 07 (2) Any violation of this division will provide cause for immediate suspension or revocation of 08 any related licenses, certificates, or permits issued by this jurisdiction. All violations are 09 additionally subject to any other civil or criminal penalties that may apply. 710 Sec. 8-150. - Inspections. 711 712 (b) Rough inspection. 713 (1) When the rough wiring or installation work is completed on a commercial job, the X114 electrician responsible therefor-shall notify the building inspection division that the job is 715 ready for inspection. 716 Sec. 8-151. -Standards and specifications 717 (c) Special electrical circuit requirements. The following additional requirements shall be met for all 718 new construction: 719 (1) All circuits shall have conductors sized in accordance with article 310 of the National 720 Electrical Code. No conductor smaller than No. 12 copper American wire gauge size, 721 shall be used in any electrical work as covered by this Code, except the following as 722 approved by the National Electrical Code: 723 a. Pendant and portable cords; 724 b. No. 14 for control circuits, operating contractors, relays, etc.; 725 C. Wiring within display cases; 726 d. Wiring for system covered by chapter 7 of the National Electrical Code; 727 (2) All panels must be large enough to accommodate the present load requirements and 728 have at least two spaces for future use. 729 (3) All 125 volt, single phase 15 or 20 ampere rated devices installed in commercial and 730 industrial installations shall be of the nonresidential type or shall be 20 ampere rated only. 31 (4) Temporary service for construction sites are required to have GFCt---protectien;-aed_must 32 have a driven ground rod. 33 _{5) Type AG_ Cnable-(c©4:nm-oT4ly-r-afe-r-re to as ""Y") w4l-ne-be-a-wthor-iz-ed-a--aIn 34 wi-r-iag-me-t-hod- 35 (65) Flexible metal conduit smaller than one-half-inch electrical trade size shall not be 736 permitted. X137 (76) Kerneys or split bolt connectors shall not be allowed for taps in electrical services and 738 gutters. Only blocks and couple taps are permitted. X139 (87) All building services shall have a UFER grounded and be grounded by Art. 250, 1996 of 740 NEC. X141 (g8) All closets and storage areas that are over 48 inches deep or more shall have a light 742 switch. 17 743 (f) Special safety measures. 44 (1) Aluminum conductors will be authorized from the ser-ice--drop;-or-lateral;-panel to panel 45 and to the service disconnect only, for commercial and industrial construction. Alu.r.minurn 46 GGRdUGtGFS sized 500 KGMil and larger Fnay be rmitted in PaRele-pY it el i StallatiORS 47 st, tallatia -prevals q.8 will be at the_�&GIe_4G �E�_ ef-elertrinfal incri e-b-�-GaSe 49 basis. 50 (2) All feeder conductors to branch circuit panel boards and all subpanels in residential and 51 cornmercial construction shall be copper conductors. 752 (g) Smoke detector systems. 753 (1) Every dwelling and every dwelling unit within an apartment house, condominium or town 754 house, and every guest or sleeping room in a child care facility, motel, hotel or dormitory, 755 shall be provided with an approved listed smoke detector in accordance with V.T.C.A., 756 Property Code § 92.251 et seq. 757 (2) Detectors shall be listed and meet the installation requirements of NFPA 74 and NFPA 758 72E and be hard wired with battery pack in series where all alarms will be activated. 59 (3) Smoke-deteGt-eFs shall-�ve� "c�-rii-Gh bedrGem and-in the upstairs aP -d$w-R-staj.rri&' 60 lays a _tairv.fell but a-s-s far from toe Lr#G#eR as --ssihl� 761 X. 762 A. All ordinances, parts of ordinances, or resolutions in conflict herewith are 763 expressly repealed. 764 B. The invalidity of any section or provision of this Ordinance shall not 765 invalidate other sections or provisions thereof. 766 C. The City Council hereby finds and declares that written notice of the date, 767 hour, place and subject of the meeting at which this Ordinance was adopted was posted 768 and that such meeting was open to the public as required by law at all times during 769 which this Ordinance and the subject matter hereof were discussed, considered and 770 formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas 771 Government Code, as amended. 772 773 774 18