O-78-487 - 10/12/19784
ORDINANCE NO. 4/11
AN ORDINANCE PROVIDING FOR THE ISSUANCE OF A CERTI-
FICATE OF SERVICEABILITY PURSUANT TO THE URBAN SER-
VICES ELEMENT OF THE GENERAL PLAN; DEFINING CERTAIN
TERMS; PROVIDING FOR A WRITTEN STATEMENT WHEN A CER-
TIFICATE IS REFUSED; PROVIDING FOR AN APPEAL; PROVIDING
AN EFFECTIVE DATE; PROVIDING A SAVINGS CLAUSE AND RE-
PEALING CONFLICTING ORDINANCES.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS, THAT:
Section 1. Definitions
a) Certificate of Serviceability — A document issued
at no charge by the City Engineer, certifying that
a proposed plat can be adequately served with water
and sewer according to the Urban Services Element of
the General Plan.
b) City Engineer — A duly qualified and licensed engineer
hired by the City. In the event the City does not
have an engineer, his duties herein shall be performed
by the City Manager with recommendations of consulting
engineers as needed.
c) Urban Services Element — An element of the General
Plan for the City of Round Rock as adopted and amended
by the City Council.
Section 2. Certificates Required For New or Revised Subdivisions
a) If a subdivider or developer wishes to obtain City water
and sewerage services for his proposed or revised subdivision, he
shall be required to obtain a Certificate of Serviceability for
the number of proposed or revised lots prior to submitting a
final plat or revised plat to the Planning Commission for its
approval pursuant to the terms and provisions of the subdivision
ordinance.
b) After a proposed final or revised plat has been issued a
Certificate of Serviceability and has received final approval by
the Planning Commission, no additional Certificate shall be required
for the issuance of building permits for lots located within the
approved subdivision.
Section 3. Application For and Issuance of Certificates
a) With respect to an application for a Certificate of Service-
ability, the City Engineer will be primarily guided by the Urban
Services Element as adopted by the City Council.
b) The City Engineer shall issue a Certificate of Service-
ability if the following requirements are met:
1) The application is for a proposed subdivision
located within a service level with an actual
estimated population of less than the stated
population limitation, and
2) The projected population, as a result of the
application, will not exceed the stated popu-
lation limitation, and
3) The City Engineer determines that the number
of lots in the proposed subdivision can be ade-
quately served.
c) In the event the City Engineer determines that a Certificate
of Serviceability cannot be issued, he shall provide the applicant
with a written statement setting forth the inadequacies of the pre-
sent system, planned improvements, if any, according to the Urban
Services Element, and the date such improvements are scheduled to
be provided by the City.
d) The applicant shall have the opportunity to respond to the
written statement with alternative plans or system improvements which
will result in the proposed subdivision being adequately served.
e) Regardless of anything contained herein to the contrary,
if either requirements (1) or (2) of subsection (b) herein are not
met, a Certificate of Serviceability may be issued if the following
requirements are met:
1) The City Engineer determines, based upon sound,
generally accepted engineering principles that
the proposed subdivision can in fact be adequately
served without adversely affecting existing con-
nections, and
2) Any re- engineering procedures or improvements will
not result in any expense to the City, and
3) Approval of the City Manager is obtained.
f) Any alternate proposal of the applicant which necessitates
a major modification of the system, any expense on the part of the
City, or reimbursement to the applicant for installed improvements,
shall require prior approval of the City Council.
Section 4. Appeal
a) Any decision of the City Engineer to withhold a Certificate
of Serviceability may be appealed to the City Manager within ten
(10) days of the City Engineer's decision.
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b) Any decision of the City Manager to withhold a Certificate
of Serviceability may be appealed to the City Council by the appli-
cant, by filing a written request for hearing with the City Secretary
within ten (10) days of the City Manager's decision.
c) When a request for hearing is properly filed, the City
Secretary shall place the matter on the agenda for consideration
by the Council at its next available regularly scheduled meeting.
Section 5. Effective Date
This ordinance shall become effective immediately on the
date of its adoption.
Section 6. Savings Clause
The invalidity of any section or provision of this ordinance
shall not invalidate other sections or provisions thereof.
Section 7. Repealing Conflict Ordinances
All ordinances, parts of ordinances, or resolutions in conflict
herewith are expressly repealed.
(Mark through the following alternative that is not applicable)
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 /„2 day of
, 1978.
Alternative 2.
APPROVED on first reading this the day of
READ, APPROV 1 • II OPTED on second rea
ATTEST:
JG7ANNE LAND, City Secretary
, 1978.
ROBERT G. GRIFFIT Mayor
City of Round Roc , Texas
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