O-83-1044 - 10/13/1983TEXAS,
ORDINANCE NO. /0 71/
AN ORDINANCE AMENDING CHAPTER 8, SECTION 6.J.(4)
AND SECTION 6.K.(10) CODE OF ORDINANCES, CITY OF
ROUND ROCK, TEXAS; PROVIDING FOR REIMBURSMENT FOR
APPROACH MAINS FROM THE OVERSIZE ACCOUNT, CAPITAL
IMPROVEMENT PROJECT FUNDS, OR REIMBURSEMENT
CONTRACT; ESTABLISHING THE DUE DATE OF LUE FEES;
PROVIDING FOR THE ORDER OF REIMBURSEMENT; PROVIDING
THAT NO REIMBURSEMENT OR CREDIT WILL BE GRANTED TO
ANY DEVELOPER DELINQUENT IN THE PAYMENT OF FEES OR
TAXES; PROVIDING FOR 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.J.(4)(c), Code of Ordinances,
City of Round Rock, Texas is hereby amended to read as
follows:
(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
approach mains up to twelve (12) inches will be
paid out of the oversize account described in
paragraph (d) below, from funds approved for
Capital Improvement Projects, through
reimbursement contracts or any combination
thereof. The manner of reimbursement shall be
solely at the Council's descretion. 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.
II.
That Chapter 8, Section 6.J.(4)(d), Code of Ordinances,
City of Round Rock, Texas, is hereby amended to read as
follows:
(d) Oversize Account
A special oversize account is hereby
established for the purpose of reimbursing
developers for the cost of oversizing water
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mains. The account shall be funded by a fee
based on the number of living unit equivalents
(LUE fee) to be added to the water system. The
LUE fee will be assessed to all developers
regardless of whether or not they are required
to install an oversized line. In the event a
developer is required to install oversized
line(s), the LUE fee for that particular plat
shall be due prior to acceptance by the Council
of the utilities for maintenance. In the event
a developer is not required to install oversize
lines, the LUE fee for that particular plat
shall be due prior to official recordation of
the plat in the County Clerk's office. In the
event a plat is not required, the LUE fee is
due when application is made for a building
permit. Interest income earned from this
account shall be added to the account.
That Chapter 8, Section 6.J.(4)(e), Code of Ordinances,
City of Round Rock, Texas, is hereby amended to read as
follows:
(e) Reimbursement
The reimbursement for the cost of oversizing
will be paid from available funds within ten
(10) days after the utilities are accepted by
the City for maintenance and developers shall
be reimbursed according to the order in which
the utility lines are so accepted. In the event
that sufficient funds are not available, inter-
est 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. Provided
however, that no reimbursement shall be paid to
any developer who is delinquent in the payment
to the City of any fees or taxes.
IV.
That Chapter 8, Section 6.J.(4)(f), Code of Ordinances,
City of Round Rock, Texas, is hereby amended to read as
follows:
(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. Provided however,
no credit will be granted to any developer who
is delinquent in the payment to the City of any
fees or taxes. Subject to the foregoing, a
developer may reduce the amount of the LUE fee
by an amount equal to the reimbursement to
which he will be entitled upon utility
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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.
V.
That Chapter 8, Section 6.K.(c), Code of Ordinances,
City of Round Rock, Texas, is hereby amended to read as
follows:
(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
approach mains up to twelve (12) inches will be
paid out of the oversize account described in
paragraph (d) below, from funds approved for
Capital Improvement Projects, through
reimbursement contracts, or any combination
thereof. The manner of reimbursement shall be
solely at the Council's descretion. 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.
VI.
That Chapter 8, Section 6.K.(d), Code of Ordinances,
City of Round Rock, Texas, is hereby amended to read as
follows:
(d) Oversize Account
A special oversize account is hereby
established for the purpose of reimbursing
developers for the cost of oversizing
wastewater 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 assessed
to all developers regardless of whether or not
they are required to install an oversized line.
In the event a developer is required to install
oversized line(s), the LUE fee for that
particular plat shall be due prior to
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acceptance by the Council of the utilities for
maintenance. In the event a developer is not
required to install oversize lines, the LUE fee
for that particular plat shall be due prior to
official recordation of the plat in the County
Clerk's office. In the event a plat is not
required, the LUE fee is due when an
application is made for a building permit.
Interest income earned from this account shall
be added to the account.
VII.
That Chapter 8, Section 6.K.(e), Code of Ordinances,
City of Round Rock, Texas, is hereby amended to read as
follows:
(e) Reimbursement
The reimbursement for the cost of oversizing
will be paid from available funds within ten
(10) days after the utilities are accepted by
the City for maintenance and developers shall
be reimbursed according to the order in which
the utility lines are so accepted. In the event
that sufficient funds are not available, inter-
est 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.
Provided, however, that no reimbursement shall
be paid to any developer who is delinquent in
the payment to the City of any fees or taxes.
VIII.
That Chapter 8, Section 6.K.(f), Code of Ordinances,
City of Round Rock, Texas, is hereby amended to read as
follows:
(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. Provided, however,
that no credit will be granted to any developer
who is delinquent in the payment to the City of
any fees or taxes. Subject to the foregoing, a
developer may reduce the amount of the LUE fee
by an amount equal to the reimbursement 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.
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IX.
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.
day of
ATTEST:
READ, PASSED, and ADOPTED on first reading this
O t A) , 19 /3 .
Alternative 2.
READ and APPROVED on first reading this the day
of , 19
READ, APPROVED and ADOPTED on second reading this
the day of
1 • & __
RY L. TO N, Mayor
ty of Round Rock, Texas
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