Z-95-04-27-10C - 4/27/1995DATE:
RE:
Dear
This letter is written in regard to the public works improvements constructed
in conjunction with the above referenced subdivision.
These improvements have been completed in accordance with City of Round
Rock specifications and code, as certified by your engineer, and we are in
receipt of your affidavit stating that the work has been completed in
compliance with the applicable provisions of the code, with your request the
improvements be accepted by the City of Round Rock. This letter shall
constitute the formal acceptance of the subdivision water, wastewater, street
and drainage improvements for maintenance by the City of Round Rock.
Accordingly, the warranty period for these improvements will extend as
follows:
Sincerely,
Water/Wastewater -
Street and Drainage-
James R. Nuse, P.E.
Director of Public Works
cc: File
John Justice, Chief Construction Inspector
Mark Remmert, Chief Building Official
actaun
SAMPLE LETTER
KS /ORDINANCE
OR50427C
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 8, SECTION
8.601(3); ADDING SECTION 8.601(4); AMENDING
SECTION 8.610(4) PARAGRAPHS (d) AND (e);
PROVIDING THAT SUBDIVISION AND UTILITY
ACCEPTANCES WILL BE APPROVED BY THE CITY
ENGINEER; PROVIDING FOR A SAVINGS CLAUSE AND
REPEALING CONFLICTING ORDINANCES AND
RESOLUTIONS
I.
(3) Requirements Prior to Final Acceptance
for Maintenance
copY
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS:
That Chapter 8, Section 8.601(3), Code of Ordinances, (1990
Edition) is hereby amended to read as follows:
Prior to final acceptance for maintenance of the completed
improvements by the city c uncil giati ', the subdivider
.............
shall file with the city engineer the following:
(a) Either a one (1) year warranty bond executed by a
corporate surety licensed to do business in the State
of Texas, conditioned that the improvements are free
from defects in materials and workmanship, or a
letter of credit from a banking or other financial
institution authorized to do business in Texas,
committing funds for the correction and repair of any
defects in materials or workmanship; said bonds or
letters of credit shall be in the amount of ten (10)
percent of the contract price, and they shall conform
to forms approved by the city council, and
(b) One (1) set of reproducible "AS BUILT" plans for each
project, which further contains or has attached
thereto a certificate of a registered professional
engineer in substantially the following form:
KS /ORDINANCE
OR50427C
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
I, do hereby certify that the
improvements as built and as described herein comply with
the subdivision ordinances and storm water drainage policy
adopted by the City of Round Rock, Texas.
(c) An affidavit from the subdivider stating that
to the best of his information and belief, the
contractor(s) has complied with the regulations
contained in this chapter.
That Chapter 8, Section 8.601, Code of Ordinances, (1990
Edition) is hereby amended by adding paragraph (4) which shall read
as follows:
II.
Signature and Seal of
Registered Professional
Engineer
That Chapter 8, Section 8.610(4)(d), Code of Ordinances, (1990
Edition) is hereby amended to read as follows:
2.
That Chapter 8, Section 8.610(4)(e), Code of Ordinances, (1990
Edition) is hereby amended to read as follows:
KS /ORDINANCE
OR50427C
(d) Oversize Account
A special oversize account is hereby established
for the purpose of reimbursing developers for the
cost of oversizing 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 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
lines(s), the LUE fee for that particular plat
shall be due prior to acceptance by the c uncil
e t :'s xfi0f - bf 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.
(e) Reimbursement
IV.
To be reimbursed, a developer shall present in
writing to the public works director, a statement
of oversize credit proposed. This statement shall
be presented no later than the end of the normal
working day, eight days prior to the regular city
council meeting, at which time acccptancc f tho
rc?pcct vcroi li te axs0ment pg t>u0rs0§
cQatsis considered. The reimbursement for thecost
..................
of oversizing will be paid from available funds
within ten (10) days after the utilitica arc
acccptcd by city f r maintcnancc r r55b rs nt
i approved b t e dity; 000#cil •: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, interest
will accrue at a rate established by the council.
In the event two (2) 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
3.
ATTEST:
JOANNE LAND, City Secretary
KS /ORDINANCE
0R50427C
delinquent in the payment to the city of any fees
or taxes.
V.
A. All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
B. The invalidity of any section or provision of this
ordinance shall not invalidate other sections or provisions thereof.
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 day
of 1995.
Alternative 2.
READ and APPROVED on first reading this the day of
1995.
READ, APPROVED and ADOPTED on second reading this the
day of , 1995.
CHARLES CULPEPPER, Mayor
City of Round Rock, Texas
4.
ORDINANCE NO. v - q5- " Q L - J7- /D C
AN ORDINANCE AMENDING CHAPTER 8, SECTION
8.601(3); ADDING SECTION 8.601(4); AMENDING
SECTION 8.610(4) PARAGRAPHS (d) AND (e);
PROVIDING THAT SUBDIVISION AND UTILITY
ACCEPTANCES WILL BE APPROVED BY THE CITY
ENGINEER; PROVIDING FOR A SAVINGS CLAUSE AND
REPEALING CONFLICTING ORDINANCES AND
RESOLUTIONS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS:
KS /ORDINANCE
OR50427C
I.
That Chapter 8, Section 8.601(3), Code of Ordinances, (1990
Edition) is hereby amended to read as follows:
(3) Requirements Prior to Final Acceptance
for Maintenance
Prior to final acceptance for maintenance of the completed
improvements by the city engineer, the subdivider shall
file with the city engineer the following:
(a) Either a one (1) year warranty bond executed by a
corporate surety licensed to do business in the State
of Texas, conditioned that the improvements are free
from defects in materials and workmanship, or a
letter of credit from a banking or other financial
institution authorized to do business in Texas,
committing funds for the correction and repair of any
defects in materials or workmanship; said bonds or
letters of credit shall be in the amount of ten (10)
percent of the contract price, and they shall conform
to forms approved by the city council, and
(b) One (1) set of reproducible "AS BUILT" plans for each
project, which further contains or has attached
thereto a certificate of a registered professional
engineer in substantially the following form:
RS /ORDINANCE
0R50427C
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
I, do hereby certify that the
improvements as built and as described herein comply with
the subdivision ordinances and storm water drainage policy
adopted by the City of Round Rock, Texas.
Signature and Seal of
Registered Professional
Engineer
(c) An affidavit from the subdivider stating that
to the best of his information and belief, the
contractor(s) has complied with the regulations
contained in this chapter.
II.
That Chapter 8, Section 8.601, Code of Ordinances, (1990
Edition) is hereby amended by adding paragraph (4) which shall read
as follows:
(4) Final Acceptance of Subdivision Improvements
Following the successful completion of the con - struction
of the subdivision improvements in accordance with the
applicable provisions of this Chapter, the city engineer
will issue a Letter of Acceptance to the subdivider
which shall constitute formal acceptance of the
improvements.
That Chapter 8, Section 8.610(4)(d), Code of Ordinances, (1990
Edition) is hereby amended to read as follows:
2.
ICS /ORDINANCE
0R50427C
(d) Oversize Account
A special oversize account is hereby established for the
purpose of reimbursing developers for the cost of
oversizing 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 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 lines(s), the LUE fee for that particular plat
shall be due prior to acceptance by the city engineer
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.
(e) Reimbursement
IV.
That Chapter 8, Section 8.610(4)(e), Code of Ordinances, (1990
Edition) is hereby amended to read as follows:
To be reimbursed, a developer shall present in writing
to the public works director, a statement of oversize
credit proposed. This statement shall be presented no
later than the end of the normal working day, eight days
prior to the regular city council meeting, at which time
reimbursement of oversize cost is considered. The
reimbursement for thecost of oversizing will be paid
from available funds within ten (10) days after the
reimbursement is approved by the city council 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, interest will
accrue at a rate established by the council. In the
event two (2) 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.
3.
V.
A. All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
B. The invalidity of any section or provision of this
ordinance shall not invalidate other sections or provisions thereof.
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. �]
, ASSED, and ADOPTED on first reading this c / day
of , 1995.
Alternative 2.
READ and APPROVED on first reading this the day of
READ, APPROVED and
ATTEST:
KS /ORDINANCE
OR50427C
Jf NNE LAND, City Secretary
ADOPTED on second reading this the
CHARLES CULPEPPER, Mayor
City of Round Rock, Texas
4.
DATE: April 25, 1995
SUBJECT: City Council Meeting, April 27, 1995
ITEM: 10C. Consider an ordinance changing requirements for subdivision
acceptances. (First reading)
STAFF RESOURCE PERSON: Jim Nuse
STAFF RECOMMENDATION:
Currently, the Code of Ordinances requires Council approval for subdivision
acceptance. Staff requests that it be authorized to administratively accept these
improvements. By doing this, we will be able to better serve the public by accepting a
subdivision when it is completed instead of waiting for a Council Meeting. Enclosed is
a copy of the Ordinance revision.