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O-83-1025 - 4/14/1983TEXAS ORDINANCE NO. //J,,S AN ORDINANCE AMENDING CHAPTER 8, SECTION 6.K. BY ADDING PARAGRAPH (10), CODE OF ORDINANCES, CITY OF ROUND ROCK, TEXAS; PROVIDING FOR STANDARD WASTE- WATER MAINS AND REIMBURSEMENT FOR OVERSIZE COSTS; PROVIDING A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, I. That Chapter 8, Section 6.K., Code of Ordinances, City of Round Rock, Texas shall be amended by adding a subsection (10), which said sub - section shall read as follows: (10) Oversize Mains (a) Size of Mains All wastewater mains shall be installed in accordance with the Master Water and Sewer Plan as adopted and amended from time to time by the City. All mains shall be sized to provide adequate service to the tract to be developed. The cost of wastewater mains up to eight (8) inches, or of a size required to serve a tract being developed, whichever is larger, shall be paid in full by the developer. (b) Oversize -- On -Site Mains Where it is determined that an on -site main needs to be of a larger size than that required to serve the tract to be developed, the City may require the developer to install such oversized main. For mains up to twelve (12) inches the developer shall be reimbursed the incremental cost difference required for oversizing from the oversize account described in paragraph (d) below. For oversized mains in excess of twelve (12) inches the developer will be reimbursed for the incremental cost differ- ence required for oversizing from funds approved for Capital Improvement Projects or through reimbursement contracts. All reimburse- ment contracts shall contain a provision terminating the City's obligation to reimburse costs after five (5) years from the effective date of the contract. (c) Oversize -- Approach Mains Where it is determined that an approach main needs to be of a larger size than that required to serve the tract being developed, the City may require the developer to install such oversized main. Subject to review by the Planning and Zoning Commission and approval by the City Council, the City may reimburse the developer for the incremental cost difference required for the oversizing of approach mains. Upon Council approval, the reimbursement for mains up to twelve (12) inches will be paid out of the oversize account described in paragraph (d) below. For oversized mains in excess of twelve (12) inches the developer will be reimbursed for the incremental cost difference required for oversizing from funds approved for Capital Improvement Projects or through reimbursement contracts. All reimbursement contracts shall contain a provision terminating the City's obligation to reimburse costs after five (5) years from the effective date of the contract. (d) Oversize Account (g) A special oversize account is hereby estab- lished for the purpose of reimbursing developers for the cost of oversizing waste- water mains. The account shall be funded by a fee based on the number of living unit equivalents (LUE fee) to be added to the wastewater system. The LUE fee will be accessed to all developers regardless of whether or not they are required to install an oversized line. The LUE fee shall be collected upon final plat approval, or in the event a plat is not required, when application is made for a building permit. Interest income earned from this account shall be added to the account. (e) Reimbursement The reimbursement for the cost of oversizing will be made from available funds within ten (10) days after the utilities are accepted by the City. In the event that sufficient funds are not available, interest will accrue at a rate established by the Council. In the event two or more utility systems are accepted at the same Council meeting, the respective developers shall share proportionally in the available funds. (f) Oversize Credit In the event that there are sufficient funds in the oversize account to meet all previous commitments, a developer may be entitled to a credit against the LUE fee. Subject to the foregoing, a developer may reduce the amount of the LUE fee by an amount equal to the reimburse- ment to which he will be entitled upon utility acceptance. In the event that the utility system has not been completed and accepted by the City within three (3) years from the date of plat approval, the LUE fee shall be immediately due and payable. Determining LUE fee, Reimbursement Rate and Interest Rate Each December, or more frequently if necessary, the City Council shall review and approve the LUE fee, a fixed rate of reimbursement per inch - 2 - of diameter per linear foot of oversized mains installed, and the rate of interest to be paid. (h) Fees, Reimbursement Rate and Interest Rate (i) LUE fee $100.00 (ii) Reimbursement rate $2 60 per inch of diameter per linear foot of over- sized main (iii) Interest rate Ten percent (10 %) per annum II. A. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. B. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. (Mark through the following alternative that is not appli- cable) Alternative 1. By motion duly made, seconded and passed with an affirma- tive 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 day of , 19 Alternative 2. READ and APPROVED on first reading this the e/7" day of / cZAj!� , 1943. READ, APPROVED and ADOPTED on second reading this the /i / day of 4 , 19 ATTEST: ANNE LAND, ity Secretary L L. ONN, Mayor City of Round Rock, Texas - 3 -