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O-84-1067 - 3/8/1984TEXAS ORDINANCE NO. /ei4 7 AN ORDINANCE AMENDING CHAPTER 8, SECTION 6.J(4) AND SECTION 6.K.(10) TO PROVIDE FOR AN ADDITIONAL MEANS OF FUNDING THE CONSTRUCTION OF MAJOR WATER AND SEWER MAINS; 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) is hereby amended by adding the following sub - paragraphs: (i) (intentionally deleted for clarity) (j) Agreements by City to Construct Water Mains Subject to direct authorization and approval of the City Council, the City may enter into an agreement whereby the City will construct water mains required for proposed development if the Council determines that the following conditions have been met: (i) The water main as proposed is in accordance with the Master Water and Sewer Plan, (ii) One or more of the landowners who will benefit from the water main agree to share the cost of the construction by paying in advance their projected LUE fees as estimated by the City Engineer, and (iii) The City has adequate funds available either from funds approved for Capital Improvement Projects or from other sources. Any such advanced payments shall not be deposited in the oversize account, but shall be deposited in a special fund set aside for the construction of the specific main in question. The advanced payments shall be based on the projected number of LUE's to be placed on the particular tract as determined by the City Engineer from information supplied by the landowner. At the time a plat is approved for a tract for which advance payments have been made, the developer shall be entitled to a credit for each LUE fee previously paid. If at plat approval time the number of actual LUE's exceed the number as previously estimated, the landowners will either be denied a certificate of serviceability or be required to pay additional LUE fees at the then current rate. In the event that the number of LUE's is less than the number previously estimated, the landowner shall not be entitled to a refund. II. That Chapter 8, Section 6.K(10) is hereby amended by adding the following sub - paragraphs: (i) (intentionally deleted for clarity) /0( / 7 - 1.?',1 (j) •• • fo S_nngtruct Wastewater Main Subject to direct authorization and approval of the City Council, the City may enter into an agreement whereby the City will construct wastewater mains required for proposed development if the Council determines that the following conditions have been met: (i) The wastewater main as proposed is in accordance with the Master Water and Sewer Plan, (ii) One or more of the landowners who will benefit from the wastewater main agree to share the cost of the construction by paying in advance their projected LUE fees as estimated by the City Engineer, and (iii) The City has adequate funds available either from funds approved for Capital Improvement Projects or from other sources. Any such advanced payments shall not be deposited in the oversize account, but shall be deposited in a special fund set aside for the construction of the specific main in question. The advanced payments shall be based on the projected number of LUE's to be placed on the particular tract as determined by the City Engineer from information supplied by the landowner. At the time a plat is approved for a tract for which advance payments have been made, the developer shall be entitled to a credit for each LUE fee previously paid. If at plat approval time the number of actual LUE's exceed the number as previously estimated, the landowners will either be denied a certificate of serviceability or be required to pay additional LUE fees at the then current rate. In the event that the number of LUE's is less than the number previously estimated, the landowner shall not be entitled to a refund. III. 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 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. 07-11 READ, PASSED, and ADOPTED on first reading this 0 - day of 1984. J READ an APPROVED on first reading this the day of , 1984. READ, PROVED and ADOPTED on second reading this the day of , 1984. ATTEST: NNE LAND, City Secretary Y L. 0 , Mayor City of Round Rock, Texas