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O-2014-1645 - 8/28/2014
410 V ORDINANCE NO. 0-2014-1645 AN ORDINANCE AMENDING CHAPTER 36, SECTIONS 36-5, 36-6, 36-8, 36-39, 36-76, 36-116, AND 36-120; AND BY AMENDING CHAPTER 44, BY AMENDING SECTIONS 44-3, 44-4, AND 44-6; AND BY AMENDING AND READOPTING CHAPTER 44, ARTICLE II; AND BY AMENDING SECTIONS 44-55, 44-173, 44-174, AND 44-191, CODE OF ORDINANCES (2010 EDITION), CITY OF ROUND ROCK, TEXAS, AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That Chapter 36, Section 36-5, Code of Ordinances (2010 Edition), City of Round Rock, Texas, is hereby amended to read as follows: Sec. 36-5. Purposes. The provisions of this chapter are adopted to protect and provide for the public health, safety and general welfare of the city as provided below, (1) To guide the future growth and development of the city in accordance with the general plan; (2) To provide for adequate light, air, and privacy, to secure safety from fire, flood, and other danger, and to prevent overcrowding of the land and undue congestion of population; (3) To protect the character, social, and economic stability of all parts of the city; (4) To encourage the orderly and beneficial development of the city through appropriate growth management techniques assuring the timing and sequencing of development; (5) To guide public and private policy and action in order to provide adequate and efficient transportation, water, reuse water, wastewater, schools, parks, and other public improvements and facilities, (6) To provide for the most beneficial relationship between the uses of land and the circulation of traffic throughout the city; (7) To establish reasonable standards of design and procedures for plats and replats of land in order to further the orderly layout and use of land; (8) To ensure that developers provide for the required public improvements attributable to development; (9) To prevent the pollution of air and water; to assure the adequacy of drainage facilities; to safeguards the underground water reserves; and to encourage the use and management of natural resources throughout the city; 0112.1404;00308253 r (10) To provide for parkland and open spaces through the most efficient design and layout of the land; (11) To ensure that land is subdivided to provide for uses of land for which market demand exists and which are in the public interest; (12) To prevent the creation of divisions of land or development of substandard public improvements in violation of this chapter, and (13) To minimize the long-term costs to the city for repair and maintenance of public improvements. II. That Chapter 36, Section 36-6, Code of Ordinances (2010 Edition), City of Round Rock, Texas, is hereby amended as follows, with the current definitions being amended as indicated and with the new definition being appropriately inserted alphabetically: Sec. 36-6. Definitions. For the purposes of this chapter, the following words, terms and phrases, shall have the meaning ascribed to them except where the context clearly indicates a different meaning: Living unit equivalent (LUE) shall mean a unit of measurement used to facilitate the sizing of water, reuse water, and wastewater mains. Public improvement shall mean any improvement, facility or service together with its associated public site, right-of-way or easement necessary to provide transportation, drainage, public or private utilities, parks or recreational area or use, energy or similar essential public services and facilities, for which the city may ultimately assume the responsibility for maintenance and operation or ownership, or both. Public improvements include but are not limited to, the following: Grading, drainage facilities, streets and other rights-of-way, potable water system, reuse water system, sanitary sewerage system, survey monuments, illumination including street lights, traffic control signs and traffic signalization, landscaping and irrigation, walls, fire protection, sidewalks and curb ramps, street name signs, traffic control signs, street pavement markings, and parkland improvements. Subdivision improvement construction plans shall mean engineering plans required by the city for the construction and installation of public improvements necessary to provide required services for proper development including, but not limited to, plans for grading, drainage facilities, water, reuse water and sewer, open space, parks or other recreational space, streets and illumination of streets. III. That Chapter 36, Section 36-8, Code of Ordinances (2010 Edition), City of Round Rock, Texas, is hereby amended to read as follows: Sec. 36-8. Standards for approval. The planning and zoning commission shall approve a plat if it conforms to the general plan and to the requirements of this Code while taking into account access to and extension of the city water system reuse water system (if applicable), wastewater system, and stormwater drainage facilities, and wale 2 V V mains. In rendering its decision, the planning and zoning commission shall also consider the location of current and future streets, alleys, parks, easements, and other required public facilities within the city and its ETJ. IV. That Chapter 36, Section 36-39(e), Code of Ordinances (2010 Edition), City of Round Rock, Texas, is hereby amended to read as follows: Sec. 36-39. Concept plan. (e) Application requirements. The developer shall submit a concept plan application that contains all of the following: (1) The number of copies specified in the development packet with the title of the concept plan appearing on the outside and folded to a size specified in the development packet; (2) An aerial photo at the same scale as the reproducible drawing; (3) A location map showing the proposed subdivision or addition with a 300-foot line drawn around the proposed subdivision or addition with a key referencing the list provided in subsection (e)(7) of this section; (4) A plan that indicates the availability of utilities, streets and drainage to the tract or identifies the availability of extensions of utilities, streets and drainage necessary to serve the tract; (5) A commitment letter stating that an annexation petition will be provided upon the request by the planning director. Said petition shall include a metes and bounds description labeled as exhibit "A" with an accompanying sketch of a size specified in the development packet and a copy of the deed showing the current owner and labeled as exhibit"B," if applicable; (6) A letter from the developer's engineer describing how the subdivision will be served by water, reuse water (if applicable) and wastewater and how the utilities will interface with adjacent tracts. The letter must include oversize construction and/or off-site requirements, if applicable, and a general discussion on drainage. If the subdivision is to be served by a municipal utility district (MUD) or other authorized utility provider, a letter certifying the availability of utilities must be provided. If the MUD is in the process of being created, the letter certifying the availability of utilities must be provided prior to the final plat hearing by the planning and zoning commission for approval; (7) A listing of all property owners within 300 feet of the proposed subdivision or addition, with addresses as recorded by the appropriate tax appraisal district; (8) A letter of intent for parkland dedication form, as provided in the development packet; (9) If applicable, a city-approved TIA pursuant to the requirements of section 36-106 (10) If applicable, a written request to use a tree inventory or a partial tree survey in lieu of a tree survey, as defined in section 14-20, and pursuant to the requirements of section 14-25; (11) The concept plan drawing which shall include all of the information specified in the development packet; (12) An electronic copy of the concept plan in a format specified in the development packet; (13) All other application requirements specified in the development packet; and (14) Payment of applicable fees. 3 V V. That Chapter 36, Section 36-76(c), Code of Ordinances (2010 Edition), City of Round Rock, Texas, is hereby amended to read as follows: Sec. 36-76. Standards for parkland dedication. (c) Improvements required Parkland conveyed to the city shall be improved as required by this article. The developer shall indicate the proposed parkland improvements within the construction plans as required in article VII of this chapter. Construction of the required parkland improvements shall be in accordance with the accepted construction plans, and shall be completed by the developer within the time period specified for construction of public improvements in this chapter. An improved park shall, at a minimum, include the following: (1) Paved frontage, curbs and gutters for all required street frontages abutting the outside perimeter of the parkland; (2) A sidewalk or trail installed in the park, and/or a sidewalk installed along the street frontage of the park with the location approved according to the construction plans; (3) Water, reuse water (if applicable) wastewater, electrical services and all other utilities provided to the remainder of the subdivision or addition shall be provided to the park as part of standard subdivision improvements; and (4) The grading of site and installation of grass with irrigation. Irrigation may cease when the grass becomes fully established. VI. That Chapter 36, Section 36-116(b), Code of Ordinances (2010 Edition), City of Round Rock, Texas, is hereby amended to read as follows: Sec. 36-116. Subdivision walls. (b) Standards. It is intended that all walls erected pursuant to this section be constructed in such a manner to last 30 years with minimal maintenance required during said period. All walls required by this section shall conform to the following minimum standards: (1) Where applicable, materials and installation of walls shall comply with the most recent edition of "Selected ASTM Standards for Fence Materials and Products," a copy of which shall be maintained by the PDS director. Structural plans and specifications for walls shall be approved by the PDS director. Such plans and specifications are to be submitted at the same time as other construction plans required by this chapter. In approving said plans and specifications, the PDS director shall consider the site's soil characteristics, wind loadings and other environmental considerations. (2) Walls shall be constructed of the following materials. brick, stone, split faced or decorative concrete masonry unit (CMU), decorative reinforced concrete or other equivalent materials approved by the PDS director, subject to the following: a. Wall pillars shall be constructed of masonry of sound structural integrity. 4 It, Wall panels shall be constructed of brick, stone, split-faced or decorative concrete masonry unit (CMU), decorative reinforced concrete or other equivalent materials approved by the PDS director. Panels shall be top capped as determined by the PDS director. (3) Walls shall be a minimum of six feet and a maximum of eight feet in height. The materials, color and design of walls shall be uniform within an approved preliminary plat, unless otherwise approved by the planning department. A finished side of all walls shall face the thoroughfare. (4) All walls shall be placed at least five feet from any existing or proposed city water line reuse water line or wastewater line. (5) All walls required herein shall be placed on the property line between the right-of-way and the adjoining private property. VII. That Chapter 36, Section 36-120(a), Cade of Ordinances (2010 Edition), City of Round Rock, Texas, is hereby amended to read as follows: Sec. 36-120. Easements. (a) General provisions. The developer shall dedicate easements that allow approved lots within the addition or subdivision to have access to all public utilities. Where necessary to adequately serve the addition or subdivision with public utilities, easements shall be dedicated for all public utilities including water lines, reuse water lines, wastewater lines, and stormwater drainage facilities and associated appurtenances. Such easements shall be provided as deemed necessary by the planning and zoning commission. VIII. That Chapter 44, Section 44-3, Code of Ordinances (2010 Edition), City of Round Rock, Texas, is hereby amended to read as follows: Sec. 44-3. Furnishing of water, reuse water, and sewer services outside city limits. (a) Conditions under which city services will be provided. The city shall furnish water,ar sewer andior reuse water services to residential and commercial users located outside the city limits only upon the following conditions: (1) Adequate capacity exists. There is adequate capacity of city services available for the purpose of servicing residential and commercial users outside the city without impairing services within the city. Whether such adequate capacity exists shall be determined solely by the city council, and the determination of the city council shall be final. (2) Owners outside city limits to bear costs of lines and furnish easements. The construction costs of water,-and sewer and/or reuse water lines and appurtenances which serve residential and commercial users outside the city limits shall be paid for by the owner, developer, or political entity requesting the service. Such owner, developer, or political entity shall also furnish suitable construction and permanent easements and rights-of-way for utility lines. (3) Construction to conform to city standards. All design and construction shall be in accordance with city standards and specifications. 5 64► V (4) New subdivisions to comply with subdivision regulations. New subdivisions (any plat recorded after the date of passage of this section) desiring city water-aad sewer and/or water reuse services shall comply with the subdivision regulations of the City of Round Rock, Texas, in effect at the time such new subdivision is approved. Existing subdivisions whose plats were recorded with the county clerk of Williamson County, Texas, at the time of the passage of the original Ord. No. 269 (January 8, 1976) can be furnished with water and sewer services without the necessity of having sanitary sewer collection and treatment facilities. (6) City to have right of review. The city shall have the right to review and approve all plats and plans and inspect and approve all water,—" sewer and/or reuse water construction within subdivisions where water and/or sewer, and/or reuse water service is to be provided. (6) Water and sewer facility requirements. Except as provided in subsection (4) of this section, all residential and commercial users shall have sanitary sewer collection and treatment facilities. Water will not be provided to residential and commercial users who utilize septic tanks save and except water can be provided to subdivisions whose plats were recorded with the County Clerk of Williamson County, Texas, at the time original Ord. No. 269 was adopted (January 8, 1976). (7) Water-and sewer, and/or reuse water lines to meet ultimate requirements of city. Where water, of sewer, and/or reuse water lines and appurtenances are extended outside the city limits, the lines shall be sized to serve the ultimate requirements of the city. (8) Extended lines to be designed and inspected by city's engineer. All water " sewer, and/or reuse water lines and appurtenances extending from existing city facilities to any tract of land outside the city limits requesting water, and/esewerand/or reuse water service shall be designed and inspected by the city's engineer. The owner, developer, or political entity requesting the service shall pay for these services in keeping with the current contract between the city and the engineer employed by the city. (9) City may reimburse owner for oversized lines. Where the size of the water,-or sewer, and/or reuse water lines required to meet the ultimate requirements for the city is larger than eight inches and the total capacity is not required to serve the tract of land to be developed, the city may enter into a contract with the owner, developer, or entity constructing the lines for reimbursement for the excess capacity as other users request and are granted service. The developer or entity requesting service from an existing line shall pay a tap fee on a pro rata basis, as hereinafter set forth. The reimbursement to the owner, developer, or entity who paid for the line construction shall be made only from those tap fees paid to the city by users of the facility paid for by the said owner, developer, or entity. (10) Pro rata basis for tap fee. The pro rata basis for the tap fee shall be computed based upon the required demand for use and the fire protection as specified by the engineering criteria approved by the city's engineer. The basis for cost shall be the actual total cost of the facility plus five percent interest. The total cost shall include, but shall not be limited to, construction costs, engineering costs, and inspection costs. (11) Wholesale bulk rate sales of water. Facilities constructed and paid for by another public entity or facilities which will later be acquired by a public entity may be owned, operated, and maintained by that entity. Such facilities shall purchase water from the city at a negotiated wholesale bulk rate. The city shall own, operate, and maintain all other facilities. (b) Rates. The rates paid by residential and commercial users located outside the city limits for the use of the water,-and sewer, and/or reuse water facilities of the city shall be in accordance with sections 444932 44-33 and 44-34. 6 br V Ix. That Chapter 44, Section 44-4, Code of Ordinances (2010 Edition), City of Round Rock, Texas, is hereby amended to read as follows: Sec. 44-4. Repair of sewer,-and water, and reuse water service lines on private property. All sewer.-and water, and/or reuse water service lines on private property from the city's main lines to the premises, including all connections, shall be installed, maintained, and repaired at the expense of the property owners. All leaks and other defects in the same shall be promptly repaired by the property owners. If required repairs are not completed within ten days after written notice is mailed or hand delivered to the premises, water and/or reuse water service to the premises shall be terminated and shall not be restored until the repairs are made and all applicable fees and expenses paid. Any expenditures incurred by the city because of said leaks or defects shall be charged against the property owners, and must be paid before water and/or reuse water service is restored. X. That Chapter 44, Section 44-6, Code of Ordinances (2010 Edition), City of Round Rock, Texas, is hereby amended to read as follows: Sec. 44-6. Prohibiting water waste. (a) It shall be unlawful for a person to engage in any conduct that results in the waste of water from the city's Potable and/or reuse water utility systems. (b) Without limiting the foregoing, the following acts constitute the waste of water. (1) It shall be unlawful for a person to fail to repair a controllable leak, including a broken sprinkler head, a leaking valve, leaking or broken pipes, a leaking faucet, or a head that is misting. (2) It shall be unlawful for a person to operate, or allow to be operated, an irrigation system with: a. A broken head; b. A head that is out of adjustment where the arc of the spray head is over a street or parking lot, or c. During irrigation, allowing water to run off a property such that there is a trail of water that is running in the street for a distance of 50 feet or greater, or allowing water to pond in the street or parking lot to a depth greater that one-fourth of an inch. 7 400 V xl. That Chapter 44, Article II, Code of Ordinances (2010 Edition), City of Round Rock, Texas, is hereby amended to read as follows: ARTICLE II. INATER AND 8PA9rR RAXES AND UTILITY 13111 INCZ Rol ICIFRUTILITY METERS, RATES, FEES, DEPOSITS, AND IMPACT FEES Sec. 44-29. Water and Reuse Water Meters Required. Sec. 44-30. Sewer Connection and Transfer Fees. Sec, 44-31, U64ty-4ikiae�eolicv Deposits. Sec. 44-32. Water Rates. Sec. 44-33. AfGic e.^^r Reuse Water Rates. Secs. 44-34--44-64-Reserved Sewer Rates. Sec. 44-35. Utility Billing Policy. Sec. 44-36. Prohibitions and Enforcement. Sec. 44-37. Water and Wastewater Impact Fees. Secs. 44-38-44-54. Reserved Sec. 44-29. Water and Reuse Water Meters Required, Inspection Fees. (a) Meters required. O —All premises using the cityotp able water- and/or reuse water supply must be equipped with-an adequate water meters)furnished by the city, but paid for by the customer. Before any prem simis a:e OGGUP ad, a water meter Ghii" hA P-qtAlIPA here, n Aq herein requ red. (2) 8�ny person using the city water supply in violation of th q section shall be deemed guilty of A misdemeanor- (b) Installation and maintenance. (1) Meters shall be installed in a location that will be easy to access. (2) The meter box shall be maintained by the customer to ensure that no obstacle will hinder or prevent adequate access to the meter for reading and servicing. Adequate access is a condition precedent to the receipt of utility services from the city and a requirement for continued service. The term "adequate access," for purposes of this article, shall be defined as the ability of an authorized city representative to get to a meter without visual aids, without the presence of the customer or without threat of bodily injury and must not be hindered by shrubs, trees, locked gates or any other obstruction. No authorized city representative shall be denied access to a meter. (c) Reading meters. The city shall read or cause to be read every water and reuse water meter used in the city at such times as are necessary that the bill may be sent out at the proper time. No person shall cause interference with reading a meter by building, installing or planting any obstacle that would prevent access to a meter temporarily or permanently. If an obstacle prevents the meter from 8 6 V being read, an additional trio fee as set forth in-su4section-(j)-©€this-section Section 44-30(b) shall be charged to the water and reuse water bill as a reread fee. Should an authorized city representative be unable to have adequate access more than three times, the city shall notify customer, in writing, of such obstruction and give customer ten days to provide adequate access. The city may, at its option, relocate the meter and charge customer for the actual costs of relocating the meter. Failure to comply within the ten-day period shall be grounds for termination of service and customer shall be charged the a water inspection and meter setting fee set forth in subsection-(4)_L of this section. (d) Testing meters. Any customer requesting the municipal water and reuse water meter to be tested shall pay, as a fee, the actual cost of testing the meter by a third party licensed meter tester. The city will retain the fee if the meter is within three percent of being accurate. If the meter is not within three percent of being accurate, it shall be repaired or replaced and the fee returned to the customer or credited on the customer's account. (e) Right of entry. Any employee of the city bearing proper credentials and identification shall be permitted to enter upon all properties for the purpose of inspection, observation, measurement, sampling, meter reading and testing. (if) Water and reuse water service, inspection and meter setting fees. (1) Water and reuse water inspection and meter setting fee. Each applicant for a plumbing permit, whether for new construction or otherwise, shall at the time the permit is issued, pay a water inspection and meter setting fee of $100.00 4ec-eaoh ter tap util z ng a standard vater meter, As used herein, the term "Rt2ildand �i,- -meter" mea,.s e the. a f ve ^ghths Reh o a three foffths inch mater. IR the Event a water tap rep A nonstandard ;zP. water meter, the Water 'nonen and meter heft ng fee the waterred end the wA a nee nf^ standard '7e mnln+e meM1� (2) Fees for water service outside city limits. Applicants for water and reuse water service outside the city limits shall pay the same water fees as set forth above. Applicants who are otherwise required by contract to obtain building permits shall pay the fees when a permit is issued. Other applicants shall pay the fees when water service is requested. (g) Sewer inspection fees. (1) Service connection. Each applicant for a plumbing permit, whether for new construction or otherwise, shall, at the time the permit is issued, pay a sewer inspection fee of$100.00 for each sewer service connection to the main line. (2) Sewer service outside city limits. Applicants for sewer service outside the city limits shall pay the same sewer inspection fee as set forth above. Applicants who are otherwise required by contract to obtain building permits shall pay the fees when a permit is issued. Other applicants shall pay the fee when water or wastewater service is requested. Sec. 44.30. Connection and Transfer Fees (a) Water, reuse water and sewer service connection and transfer fees. (1) Upon making application for water, reuse water and/or sewer service the customer shall pay a service connection fee of$25.00 for each service. (2) Upon making application to transfer an existing service account to a new address, the customer shall pay a water and sewer service transfer fee of$25.00. (3) If a customer requests service after normal business hours or same-day service, a service connection fee of $75.00 shall be paid by the customer. Normal business hours means weekdays from 8:00 a.m. to 5:30 p.m., excluding city holidays. 9 16 V (4) Bulk water customers that require a fire hydrant meter to be relocated within the same job site or another job site shall pay a $45.00 fee for each time that the meter is relocated. (b) Additional service trips. If additional meter service trips are required, including rereads and trips for collection of outstanding charges, fees or penalties, the customer shall pay an additional trip fee in the amount of$25.00 for each additional trip made to the location. If any service trips are caused by the city's error, the customer will not be charged such additional trip fee. Sec. 44-31. Deposits. (a) Definitions. For the purposes of this subsection, the following terms are defined as follow: (1)Residential customers shall mean those customers that are zoned SF-R, SF-1, SF-2, MH, TF, or TH. (2)Non-Residential customers shall mean those customers that are zoned for uses other than SF-R, SF-1, SF-2, MH, TF, or TH. (b) Deposits for water and other utility services. (1) Residential customers. a. Water Customer Deposit. Upon making application for water or reuse water service, a residential customer shall pay a water services deposit in the amount of $100.00 per residential dwelling unit. This deposit will also cover sewer and/or garbage services, b; Non-water Customer Deposit. Upon making application for sewer and/or garbage service, but not water service, a residential customer not receiving water service shall pay a deposit in the amount of $25,00 for sewer service and/or a deposit in the amount of $25,00 for garbage service. c. Refund. The above deposit(s)shall be refunded to the customer when. 1. Service is cancelled; provided, however, that any unpaid charges shall first be deducted from the deposit, or 2. The customer shall have 12 consecutive months of satisfactory payment history. d. Additional Deposit. If the city has refunded the customer's deposit for"satisfactory payment history" under subsection (c) above, and thereafter the customers service has been discontinued for nonpayment or meter tampering, then the customer shall pay additional deposit(s) in the same amounts as set forth above. In that event, the customer shall thereafter be entitled to a satisfactory payment history deposit refund upon completion of the required 12 consecutive months of satisfactory payment history, as computed from the date of reconnect. (2) Nonresidential customers. a. Deposit. Upon making application for water or reuse water service, a nonresidential customer shall pay a water services deposit according to the size of meter serving the premises pursuant to the following schedule: _. Meter Size (Deposit 5/8 inch :$100.00 N inch ($100.00 10 did V finch 1$100.00 1% inch 1$150.00, 2 inch and 1$100.00 per inch or fraction larger lthereof 1 b. Relund. The water deposit shall be refunded to the customer when: 1, Service is cancelled; provided, however, that any unpaid charges shall first be deducted from the deposit; or 2. The customer shall have 12 consecutive months of satisfactory payment history. c. After return of refund, additional deposit required following city's discontinuation of water service. If the city has refunded the customers water deposit for 'satisfactory payment history" under subsection (ni of this section, and thereafter the customer's water service has been discontinued for nonpayment or meter tampering, then the customer shall pay another water deposit in the amount indicated. In that event, the customer shall thereafter be entitled to a satisfactory payment history deposit refund upon completion of the required 12 consecutive months of satisfactory payment history, as computed from the date of reconnect. (3) Bulk water customers shall pay a meter deposit in accordance with the following schedule: Fire Hydrant Meter Size Deposit 5/8 x%inch $10000 linch 1,$15000 Kinch �'$700.00 Sec. 44-32. Water Rates. (a) Water rates for retail customers. (1) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Billing period means a period of approximately 30 days between meter readings for which water consumption is determined. The director of finance will determine the billing periods for various categories of customers. Nonpeak billing periods means all billing periods other than peak billing periods. Peak billing periods means five consecutive billing periods between May 1 and October 31, as determined each year by the director of finance. Rate block means the four water volume blocks, as described in subsection (f)(6) of this section. 11 �1+ V Service unit is defined in accordance with subsection 44-32 37(e). (2) Determination of service units. a. Conversion table. The number of service units for water service is determined by the size and type of the water meter purchased for and/or providing service to the property in accordance with the following schedule. Meter Size(inches) Service Units 9j8 T1.00 �'/. 11.5 I 1 12.5 1.5 5.0 2 18.0 3 116.0 4 i25.0 6 150.0 8 80.0 10 or more 115.0 b. No adjustment. No adjustment in service units shall be made for water use or fire demand that falls between standard meter sizes. c. Adjustment for fire flows meters and multiple meters. In the event that a customer has either: (i) a meter that is oversized because of fire flow requirements: or (ii) more than one meter, such as where a fire flow meter is utilized in combination with a standard usage meter, the director of utilities shall determine the number of service units for the customer in accordance with generally accepted engineering and/or planning standards and assign an equivalent meter size for billing purposes. (3) Revision of service unit determination. The city may revise the service unit determination of a specific customer or customer class in accordance with generally accepted engineering or planning standards and based on applicable historical data and trends. (4) Volume rates for nonpeak billing periods. For water consumed during nonpeak billing periods, each customer shall pay a volume rate in the amount set forth below per 1,000 gallons or fraction thereof consumed during such billing period. 12 kr V Charge Effective before Charge Effective January 1, 2015 1 Charge Effective January 1,2016 January 1,2015 i $2.35 1$2.42 .$2.49 (5) Volume rates for peak billing periods. For water consumed during peak billing periods, each customer shall pay a rate for water consumed during such billing period within each rate block described in subsection (f)(6)of this section, as follows: Rate Blocks !Charge per 1,000 Gallons Rate block (The volume rate set forth in subsection one I,(4)of this section Rate block '..125%of rate block one, rounded to the two i.,nearest penny Rate block 150%of rate block one, rounded to the three i I nearest penny Rate block 1200%of rate block one rounded to the four (nearest penny (6) Rate blocks by service units. a. Rate block one by service units is as follows: Meter Size in inches I Number of Service Units Volume by Gallons '.. 5/8 1.0 0 to 18,000 3 1.5 -_ 0 to 27,000 ',....1.0 I2.5 Ii0 to 45,000 1.5 i5.0 I0 to 90,000 _ - '- - 13 V V - 2.0 x'8.0 ',.0 to 144,000 3.0 1116.0 0 to 288,000 4.0 125.0 10 to 450,000 I___ . _... 6.0 150.-0 ��,0 to 900.000 8.0 _--_- _- - 80.0 ,0 to 1,440,000 .10.0 or more 115.0 10 to 2,070,000 b. Rate block two by service units is as follows: Meter Size in inches i Number of Service Units Volume by Gallons 1 5/8 I1.0 118,001 to 24,000 r /. ii 1.5 ,27,001 to 36,000 1.0 2.5 45,001 to 60,000 '.. 1.5 5.0 190,001 to 120,000 2.0 8.0 144,001 to 192,000 3.0 1,16.0 288,001 to 384,0001, 4.0 25.0 450,001 to 600,000 6.0 50.0 900,001 to 1,200,000 , 8.0 80.0 1,440,001 to 1,921,000 10.0 or more 115.0 .2,070,001 to 2,760,000 '.. 14 V V c. Rate block three by service units is as follows. Meter Size in Inches Number of Service Units Volume by Gallons 5/8 11.0 ',24.001 to 30,000 Y 1.5 36,001 to 45,000 1.0 2.5 60,001 to 75,000 1.5 5.0 120,001 to 150,000 2.0 1.8.0 192,001 to 240,000 r J 3.0 .0 384,001[0 480,000 4.0 25.0 '..600,001 to 750,000 X6.0 ,50.0 1,200,001 to 1,500,000 8.0 180.0 1,920,001 to 2,400,000 10.0 or more 1115.0 2,760,001 to 3,450,000 d. Rate block four by service units is as follows: Meter Size in inches Number of Service Units Volume by Gallons 5/8 11.0 I More than 30,000 '/. 11.5 More than 45,000 i 1.0 �2.5 More than 75,000 1.5 15.0 More than 150,000 ; 2.0 Ii 8.0 More than 240,000 3.0 T116.0 More than 480,000 15 lr V 4.0 125.0 More than 750,000 i 6.0 150.0 More than 1,500,000 I 8.0 80.0 i More than 2,400,000 10.0 or more 115.0 More than 3,450,000 (7) Monthly service charge, Except as provided below, in addition to the above volume rates, each customer shall pay a monthly water service charge pursuant to the following schedule regardless of the amount of water used. Meter Size Monthly Service Charge Monthly Service Charge Monthly Service Charge in inches Effective Until January 1,2015 Effective January...... Effective January 1, 2016 5/8 ($13.84 $14.26 -I11$14.69 Y. $19.28 $19.86 f - �- _ ($20.46 1 $30.45..._ $31.36. ... (,$3230 1M $58.34 .,$60.09 $61.89 2 _. $91.81_._ . _._. $94.56 II$97.40 _. i 3 —� 1$169.92 1$175.02 'i$180.27 i 4 $281.51 i I i$289.96 $298.66 6 ($877.65 $903.98 '$931.10 8 1,$1,534.03 ($1,580.05 1$1,627.45 10 ($2,409.19 1$2,481.47 $2,555.91 12 $2,956.17 (($3,044.86 1$3,136.21 16 (II+ r a. Medicaid exemption discontinued after October 1, 2005. Except as provided in subsection (f)(7)b of this section, on and after October 1, 2005, the monthly water service charge exemption for head of household residents eligible for Medicaid benefits will be discontinued. to Exemption for current recipients. For residential service located within the corporate city limits where the head of the household is eligible for Medicaid benefits, and if said resident head of household was receiving the Medicaid exemption from the monthly water service charge prior to October 1, 2005, and if said resident head of household re-applies for said exemption between October 1 and October 30 of each year, then the exemption from paying the monthly water service charge shall continue until the head of the household is no longer eligible for Medicaid benefits, as determined by federal guidelines and as administered by the state. c. Unlawful acceptance of exemption or discount. It shall be unlawful for any person to apply for and/or receive a water rate discount or exemption from the monthly water service charge if such person is not eligible to receive said discount or exemption. (8) Outside city limits. The above water rates and service charges apply to all customers located within the corporate limits of the city. All customers located outside of the corporate limits of the city shall pay double the applicable rates charged customers within the corporate limits of the city, unless a different rate is approved by the council pursuant to a contractual agreement. (9) Age 65 years and older. a. Discounts discontinued after June 10, 1993. Except as provided below, on and after June 10, 1993, the water rate discount for head of household residents 65 years of age and older will be discontinued. All head of household residents 65 years of age and older actually receiving said discounts prior to June 10, 1993, shall continue to receive said discounts as stated in this section, so long as they re-apply for said discounts before October 30 of each year. b. Discounts for current recipients. For residential service located within the corporate city limits where the head of the household has attained the age of 65, and if said resident head of household was receiving water rate discounts prior to June 10, 1993, and if said resident head of household re-applies for said discounts between October 1 and October 30 of each year, then the following schedule of monthly rates or charges for services furnished by the city's water system shall be and such is hereby adopted and established as follows. 1. Rate. Number of Gallons of Water Monthly Water Rates Used 1-20,000 gallons $1.20 per 1,000 gallons ',. 20,000 gallons to 75,000 gallons $1.45 per 1,000 gallons used exceeding 20,000 gallons up to 75,000 gallons .Use exceeding 75,000 gallons $1.70 per 1,000 used exceeding 75,000 gallons 17 V 2. Monthly charge. Except as provided below, in addition to the foregoing rates, each customer shall also pay a monthly water service charge of $5.50 regardless of the amount of water used. (g) Water rates and permit fees for bulk users. Fire Hydrant Meter Size !Monthly Base Rate 5/8 inch i$75.00 I inch 1,$100.00 3 inch $150.00 The volume charge will be the rate per 1,000 gallons established under subsection Q)of the section pertaining to rates. (b) Rates for water service to wholesale customers. (1) The rate for water service to a wholesale customer shall consist of a monthly base charge and a volumetric charge per 1,000 gallons of water used. (2) The monthly base charge and the volumetric charge for water to wholesale customers are as follows: a. Effective October 1, 2013. 1. Aqua Texas, Inc. Base Charge $4,185.00 Volume Charge 2.12 2. Fern Bluff Municipal Utility District. Base Charge $19,900.00 Volume Charge 2.18 3. Paloma Lake Municipal Utility District#1. Base Charge $1,500.00 Volume Charge 2.05 4, Paloma Lake Municipal Utility District#2. Base Charge $1,500.00 Volume Charge 2.05 5. R&R Mobile. Base Charge $850.00 Volume Charge 1.90 6, Walsh Ranch Municipal Utility District. 18 ild V Base Charge $2,600.00 Volume Charge 2.35 7. Williamson County Municipal Utility District#10. Base Charge $12,000.00 Volume Charge 2.20 8, Williamson County Municipal Utility District#11. Base Charge $10,250.00 Volume Charge 2.25 9, Vista Oaks Municipal Utility District. Base Charge $10,750.00 Volume Charge 2.50 Sec. 44-33. Reuse Water Rates. (a) Reuse waterrates. (1) Volume rates. For reuse water consumed each customer shall pay a volume rate in the amount set forth below per 1.000 gallons or fraction thereof consumed during such billing period: Charge Effective before J,Charge Effective Jangary 1, 2015 Charge Effective January 1,2016 January 1,2015 1.76 1$1.82 $1.87 NOTE Reuse water rates have only one block volume rate. In addition.-reuse water is not subject to ANY watering restrictions imposed during any stage of the Drought Contingency Plan. Monthly service charge. Except as provided below, in addition to the above volume rates, each customer shall pay a monthly water service charge _ pursuant to the following schedule regardless of the amount of water used: _ Meter Size in inches ' Monthly Service Charge Monthly Service Charge Monthly Service Charge Effective Until January 1. JSttec[ive January 1,2015 Effective January 1.2016 2015 5,8 1$13.84 �1$1 4.26 $1469 $19.28 ($19,86 $2046 19 io+ V I 30.45 _$31 36 S32 30 1$58.34 ,$60.09 ,,.$61.89 [$91.81 $94.56 S9740 i 3 16991 $17102 IS180.27 4 $281.51 !;$289.96 $298.66 6 $877.65 .$90398 1$931.10 8 ��$1534.03 1$1,580.05 $1627.45 10 2 409.19 S1,481.47 $2,S55,91 I_ $2956.17 S3,044.86 $3,136.2 1 ! (2) Service Charge. Single-family residential homes with City water service that have reuse water meters shall pay 50%of the monthly service charges for reuse meters. (3) Outside city limits. The above reuse water rates and service charges apply to all customers located within the corporate limits of the city. All customers located outside of the corporate limits of the city shall pay double the applicable rates charged customers within the corporate limits of the city, unless a different rate is approved by the council pursuant to a contractual agreement. SeG 44-30:Sewer Sec. 44-34. Sewer Rates. (a) Sewer rates for retail customers inside the city limits. The rate schedule for retail customers of the city's sanitary sewer system shall be as hereinafter set forth. (1) Volume rates. The sewer volume rate for retail customers shall be in an amount set forth below per 1,000 gallons of water used for all users: 20 i.+ V Charge Effective Until Charge Effective January 1, 2015 '..,Charge Effective January 1,2016 January 1,2015 '.. .$3.23 ,$3.29 ',,$3.39 Meter !Monthly Service Charge Monthly Service Charge Monthly Service Charge Size Effective Until January 1, 2015 ,Effective January 1,2015 jEffective January 1,2016 l__. 5/8 ($12.63 $12.88 $13.27 r'G" T$76.48 $16.81 :$17.31 i 1" $23.63 $24.10 1$24.82 1'/, ,1$43.08 $43.94 $45.26 I 2 1$66.43 1$67.76 �i$69.79 !, 3" $120.89 $123.31 .,$127.01 �— 4" 1,.,$198.70 ($202.67 !$208.75 6" ',....$585.64 !$597.35 1$615.27 — 8.. $1,021.96 ($1,042.40 li$1,073.67 10" $1,603.71 ,.$1,635.78 '1$1,684.85 12 '.$1,967.29 ,$2,006.64 $2,066.84 (2) Monthly service charge. Except as provided below, in addition to the foregoing rates, each customer shall also pay a monthly sewer service charge pursuant to the following schedule, regardless of the amount of water used. 21 it r '..Meter Size Monthly Service Charge 11 Effective January 1,2010 i 5/8" ,'$12.63 3/4 $16.48 1" $23.63 11$43.08. 2' $66.43 '13" 1$120.89 i 6" $585.64 8 1$1,021.96 10.. 1$1,603.71 12" i$1,967.29 ',.. (b) Sewer rates for retail customers outside city limits. All customers located outside the corporate limits of the city shall pay double the applicable rates charged customers within the corporate limits of the city, unless a different rate is approved by the council pursuant to a contractual agreement. (c) Consumption based on winter usage. Monthly sewer consumption for ail retail customers shall be based upon the actual monthly water consumption, or upon the average monthly consumption of water during the months of December, January, and February of each fiscal year, whichever is less. (d) Discounts for age 65 and older. Discounts for new customers age 65 and older have previously been discontinued. However, those customers who were receiving the discount prior to June 10, 1993 are eligible to continue to receive the discount provided below, so long as they re-apply for said discount before October 30 of each year. The discounted rate is as follows: (1) Rate: $1.20 per 1,000 gallons of water used;and (2) Monthly charge: '',$5.50 per month regardless of the amount of water used. 22 ilr (e) Rates for sewer service to wholesale customers. The monthly volumetric charge for sewer service to wholesale customers, per 1,000 gallons of water used in accordance with each entity's respective contractual obligation, is as follows: (1) Effective October 1, 2013. a. Paloma Lake Municipal Utility District#1. Volume Charge $3.90 b. Paloma Lake Municipal Utility District#2. Volume Charge $3.90 c. R&R Mobile. Volume Charge $3.90 d. Siena Municipal Utility District#1. Volume Charge $3.90 e. Siena Municipal Utility District#2. Volume Charge $3.90 f. Walsh Ranch Municipal Utility District. Volume Charge $3.90 g. Williamson County Municipal Utility District#10. Volume Charge $3.90 h. Williamson County Municipal Utility District#11. Volume Charge $3.90 i. Vista Oaks Municipal Utility District. Volume Charge $3.90 Sec. 44-345. Utility billing policy. (a) New service, residential. New residential accounts are to be established in the names of the persons requesting the service, on an application acceptable to the city. (b) New service, commercial. New commercial accounts established in a company or business name must provide the name, identification, and contact information of the manager or a responsible party of the company or business before an account will be established; the customer shall provide the business names and names of the manager or responsible party for any unrelated business entities who jointly own or occupy the premises and will jointly utilize the utility service. (c) Due date. Bills for water, sewer, and garbage collection shall be dated and mailed at such time as may be directed by the city manager, and payment for such bills is due on or before the 16th day following the mailing of the bills. (d) Penalty for late payment 23 i.+ rri (1) Any bill not paid by the 16th day following the mailing of the bills shall be deemed past due and a late fee of$2.50 or ten percent of the total amount due, whichever is more, will be assessed. (2) Upon written request by a customer with proof that such individual is age 60 years or over, payment may be delayed without penalty until the 25th day after the date the bill is issued. This subsection applies only to residential customers who occupy the entire premises for which the delay is requested. (e) Disconnection of services. (1) If a bill continues to be past due for a period in excess of 14 days, the water supply to the customer shall be shut off. Water service shall not be resumed until all outstanding fees, service fees, charges or penalties are paid in full. (2) The service fee for service restoration during regular business hours (Monday—Friday, 8:00 a.m. to-Fi:905_30 p.m.) of any business day (excluding weekends and city holidays) shall be $50.00. (3) Services shall not be restored during any hours other than regular business hours unless the customer requests after-hours or same day service and pays the fee set forth in subsection 44- 29(x)330. (f) Notice. After a bill has become past due, the city shall mail to the customer at his last known address a written notice stating that the bill is presently delinquent and that the customers water service will be disconnected if the bill and all fees are not paid within 14 days of the bill becoming delinquent. (g) Disconnection hearing. Any customer who has reason to believe that his bill is inaccurate shall have the right to request a hearing before the city's director of finance within the aforementioned 14-day period. If for any reason the director of finance is unable to grant a hearing within that time period, the disconnection of utilities shall be delayed until after a hearing is provided. The decision of the director of finance concerning the accuracy of any utility bill shall be deemed final. (h) Transfers of balances. (1) In order to transfer utilities from one location to another, any outstanding billed amount on the current account must be paid. The final bill for the original account will be transferred to and be payable on the due date of the new account including the fees as set forth in section 44- 2_4)(a)230. Service may be discontinued at the new address if the previous balance becomes delinquent. (2) Where a person liable for delinquent charges at one address is found to have an account in his name at another address, the delinquent amounts due at the previous address may be transferred to the account at the new address, and service may be discontinued at the new address until the delinquent amounts are paid. The name on the account need not be the same if ownership or residency can be established by the city. (i) Joint liability. (1) Spouses receiving service to premises they jointly own or occupy are deemed to be joint customers-of-record, notwithstanding that only one spouse may have signed an application, and shall be jointly and severally liable for unpaid delinquent charges. (2) If service is provided to property owned by a person jointly with the customer-of-record, or if the customer-of-record is an agent or property manager for one or more owners of property, the joint owners shall all be treated as customers, and each shall remain jointly and severally liable with the customer-of-record for unpaid delinquent charges. (3) The city may request proof of residency or ownership when occupancy and/or liability is in question. 0) Incomplete or false information. 24 V 111110 (1) If any of the information provided to the city to establish a utility account or transfer an existing account is incomplete, the city may deny service to the premises or may delay the service until the information is provided to the satisfaction of the city; (2) If any of the information provided to the city to establish a utility account or transfer an existing account is false, the city may disconnect the service to the premises. (k) Rate adjustment authority. The city manager or his designee shall have the authority to adjust the monthly billing calculations/procedures for any customer to correct inequities that may arise due to methodologies adopted for calculating rates or for such other good cause as may be determined by the city. (See section 2-325 for returned check charge.) Sec. 44-36. Prohibitions and Enforcement. (a) Tampering with meters and lines prohibited Whoever by any means or device, prevents water and/or reuse water from passing through any meter belonging to the city, or prevents any meter used in connection with the supply of water and/or reuse water to any customer by the city from registering the amount of water and/or reuse water passing through such meter, or prevents a meter from duly registering the quantity of water supplied, or in any way interferes with its proper action of just registration, or without the consent in writing of the director, diverts any water and/or reuse water from any pipe of the city's, or otherwise uses, or causes to be used, without the consent of the director, any water and/or reuse water produced or distributed by the city, or retains possession of, or refuses to deliver any meter, materials or equipment belonging to the city, regardless of how it came into his possession, shall be in violation of this article. The presence at any time on or about any such meter or pipe or any device or pipes resulting in the diversion of water and/or reuse water or prevention of its free passage and registration by the meter, or resulting in the diversion from the meter as above-defined, or resulting in the prevention of water and/or reuse water reaching the meter, or resulting in the prevention of the just registration of the meter or meters or the taking of any water and/or reuse water except through a meter as above set forth, shall constitute prima facie evidence on the part of the person owning or having custody and control of the room, building, place or premises where such device or pipe is, or knowledge of the existence thereof and knowledge of such existence to the person who would be benefitted by the failure of the water and/or reuse water to be properly metered, and shall further constitute prima facie evidence of intention on the part of such person to defraud, and shall bring such person prima facie within the scope, meaning, and penalties of this section. (b) Tampering with hydrants and other system apparatus. (1) It shall be unlawful for any person, except a member of the fire department, or employee of the city, to open or use water from a fire hydrant, or to take off the cap without permission from the city. (2) It shall be unlawful for any person, individually or in association with others, to willfully break, injure or tamper with any part of the city's system for any purpose whatsoever, or in any manner to maliciously interfere with or prevent the running and operation of the system and the water supply therein. (c) Responsibility for water and/or reuse water leakage and use; discontinuance of service. The customer shall be held responsible as consumers for loss of water and/or reuse water and property damage due to leakage in pipes or plumbing inside the discharge side of the meter or on the customer's property, and if this water and/or reuse water is not paid for according to the rates provided when it becomes due, the water and/or reuse water shall be cut off by the city and not turned on again until all charges and fees are paid and proof provided that the leak has been repaired. The city may consider an adjustment if the customer presents a plumber's statement indicating that the leak was not reasonably detectable from the surface, the leak has been repaired and the type of repairs made. The city may request additional information before adjusting the 25 V V customers bill. The customer may receive only one adjustment during a 12-month period, unless the director determines that extenuating circumstances justify allowing additional adjustments. (d) Customer assents to chapter provisions. All of the provisions of this chapter shall be deemed to be incorporated in every contract between the city and its customers, and each customer shall be charged with knowledge of the provisions of this chapter and, by applying and accepting water from the city, to have assented to the provisions hereof. (e) A person commits an offense if he violates any provision of this article, water and sewer rates and utility billing policies. Each instance of a violation of this article is a separate offense. (f) A person commits an offense if he knowingly makes a false statement on an application for service under this article. (g) Proof of a culpable mental state is not required for a conviction of any offense under this article. (h) A person who violates any provision of this article is guilty of a class C misdemeanor, which, upon conviction, is punishable as set forth in section 1-9. Prosecution of an offense under any section does not preclude other enforcement remedies under this article. (i) In addition to proceeding under the authority of this article, the city is entitled to pursue any and all other criminal and civil remedies to which it is entitled pursuant to authority granted by any other applicable laws, regulations or ordinances. (j) For repeat violations of this article, water service may be disconnected or restricted. (k) Any penalties provided for by this article are in addition to those penalties or fees provided for by other provisions of this Code for failure to timely pay any bill, or portion thereof, for water and sanitary sewer services. Sec. 44-3837. Water and wastewater impact fees. (a) General provisions. (1) Purpose. This section is intended to ensure the provision of adequate public facilities to serve new development in the city by requiring each development to pay its pro rata share of the costs of improvements necessitated by and attributable to such new development. Impact fees established by this section are additional and supplemental to, and not in substitution of any other requirements imposed by the city on the development of land or the issuance of building permits or certificates of occupancy. Such fee is intended to be consistent with and to further the policies of the city's comprehensive plan, the capital improvement plan, the zoning ordinance, subdivision regulations and other city policies, resolutions and ordinances by which the city seeks to provide adequate public facilities in conjunction with the development of land. (2) Applicability. This section shall be applicable uniformly to new development that occurs within the water and wastewater service area. For new development that occurs within the boundaries of the city's wholesale customers or other political subdivisions, the applicability and terms for the assessment and collection of the impact fee shall be defined by agreement. (3) Authority. This section is adopted pursuant to V.T.C.A., Local Government Code ch. 395, the constitution and taws of the state, and the city Charter. The provisions of this section shall not be construed to limit the power of the city to adopt an impact fee pursuant to any other source of local authority nor to limit the utilization of any other methods or powers otherwise available for accomplishing the purposes set forth herein. 26 i+ Ali (4) Development approval. No application for new development shall be approved by the city without assessment of an impact fee pursuant to this section, and no water and wastewater tap shall be connected unless the impact fees assessed by this section have been paid. (5) Definitions. In addition to the terms defined in the V.T.C.A., Local Government Code § 395.001, the following terms, as used in this section, shall have the meanings ascribed to them hereinbelow: Act means V.T.C.A., Local Government Code ch. 395. Assessment shall have the meaning set forth in V.T.C.A., Local Government Code § 395.016(f). Compound Meter means a water meter system containing two or more metering devices in parallel with each other. Director means the chief of public works operations or his designee. Living unit equivalent (LUE) is the standardized measure referred to in the definition of service unit in the Act and in this section. LUE consumes 450 gallons per day of water and produces 350 gallons per day of wastewater. Multifamily uses means all multi-unit residential buildings, including without limitation, Apartments, Multifamily Houses, Townhouses, as those terms are defined in Chapter 46, Zoning, and single-family attached houses containing two dwelling units. Service unit means an LUE. Wastewater facility. (1) The term "wastewater facility' means a capital improvement or facility expansion for providing wastewater service including but not limited to land or easements, treatment facilities, lift stations, and interceptor mains. (2) The term "wastewater facility" does not include wastewater lines or mains which are constructed by developers, the costs of which are reimbursed from charges paid by subsequent users of facilities and which are maintained in dedicated trusts. (3) The term "wastewater facility' also does not include dedication of easement or rights- of-way or easements or construction or dedication of on-site wastewater collection facilities required by valid ordinances of the city and necessitated by and attributable to new development. Wafer means potable water and reuse water. Water facility. (1) The term "water facility" means improvements for providing water and/or reuse water service including but not limited to land or easements, water and/or reuse water supply facilities, treatment facilities, pumping facilities, storage facilities or transmission mains. (2) The term "water facility" does not include water and/or reuse water lines or mains constructed by developers, the costs of which are reimbursed from charges paid by subsequent users of the facilities maintained in dedicated trusts. (3) The term "water facility' does not include dedication of rights-of-way or easements or construction or dedication of on-site water and/or reuse water distribution facilities required by valid ordinances of the city and necessitated by and attributable to new development. (b) Land use assumptions. 27 N V (1) The updated land use assumptions contained within the April 2012 Update of the Water and Wastewater Impact Fees of the City of Round Rock, dated April 2012, are hereby adopted and incorporated by reference and shall be kept of record in the office of the city secretary. (2) Said land use assumptions for the city shall be updated at least every five years utilizing the amendment procedure set forth in the Act. (3) Amendment to the land use assumptions shall incorporate projections of changes in land uses, densities, intensities and population for the service area over at least a ten-year period. (c) Water and wastewater impact fee service area. (1) The water and wastewater impact fee service area, the boundaries of which are depicted on the map contained within the April 2012 Update of the Water and Wastewater Impact Fees of the City of Round Rock, is hereby adopted and incorporated by reference and shall be kept of record in the office of the city secretary. (2) The boundaries of the water and wastewater impact fee service area may be amended from time to time in accordance with the procedures set forth in the Act. (d) Impact fee capital improvements plan for wafer and wastewater facilities. (1) The impact fee capital improvements plan for water and wastewater facilities contained within the 2012 Update of the Water and Wastewater Impact Fees of the City of Round Rock, dated April 2012, is adopted and incorporated in this section by reference and shall be kept on record in the office of the city secretary. (2) The impact fee capital improvements plan for water and wastewater facilities may be amended from time to time pursuant to the procedures set forth in the Act. (e) Determination of service units. (1) Table for non-multifamily uses. The number of service units for non-multifamily uses for both water and wastewater service is determined by the size and type of the water meter purchased for the property in accordance with the following table. The number of service units associated with the use of compound meters is determined by the size of the largest meter installed: Meter Size Service '. (Inches) Units 5/8 z'/. 1.00 2.5 1.5. . ._.. .. ',,.5.0 2 8.0 3 16.0 4 25.0 28 6 50.0 8 80.0 '',. 10 '115.0 2 Table for multifamily uses. The number of service unit ( ) y s for multifamily uses for both water and wastewater service is determined in accordance with the following table: Type of multifamily use (Service li Unit Equivalents Apartments -- � -__- -- - ',,0.5 per unit---- Multifamily house '0.5 per unit Townhouse 0.7 per unit Single-family attached house with two dwelling units 1,0.7 per unit All other multi-unit residential buildings 0 7 per unit (3) Calculation. Service units shall be calculated based upon the size of the water meter for non- multifamily uses, or the type of multifamily use, as set out above. (4) No water meter. Upon application for a building permit for lots for which no water meter has been purchased, wastewater service units shall be determined by a professional engineer licensed in the state, subject to the approval of the director. (5) Nonstandard meter. No adjustment in service units shall be made for water use or fire demand that falls between standard meter sizes or combinations. (6) Revision of service units designation. The city may revise the service units designation in accordance with the procedures set forth in the Act. (f) Impact fees per service unit. (1) Maximum allowable fee. The maximum impact fee per service unit shall be computed by dividing the cost of water and wastewater capital improvements and facilities expansions necessitated by and attributable to new development identified in the impact fee capital improvements plan for each category of capital improvements by the total number of projected service units in the impact fee service area based upon the land use assumptions, and then may be adjusted to reflect a credit, as appropriate, for other non-fee methods of capital payments referenced in V.T.C.A., Local Government Code§ 395.014(7). Maximum impact fees per service unit shall be established for each category of capital improvements and are on record in the office of the city secretary, and incorporated in this section by reference. (2) Beginning on August 1, 2012, the city shall assess and collect per service unit to be served by the city's water system a water impact fee of$3,889.00. 29 ill+ v (3) Beginning on August 1, 2012, the city shall assess and collect per service unit to be served by the city's wastewater system a wastewater impact fee of$2,073.00. (g) Assessment of impact fees. (1) The city shall assess the impact fees per service unit in effect at the time of plat recordation of a subdivision plat or other plat under subchapter A, chapter 212, or the city's subdivision ordinance. (2) Except as provided in section 395.019 of the Act, the city shall collect the fees as follows: a. At the time the political subdivision issues a building permit, or b. For land platted outside the corporate boundaries of the city, the city shall collect the impact fees at the time an application for an individual meter connection to the city's water or wastewater system is filed. (3) For land on which new development occurs or is proposed to occur without platting, the city may assess the impact fees at any time during the development and building process and may collect the fees at either the time of recordation of the subdivision plat or connection to the city's water or wastewater system or at the time the city issues either the building permit or the certificate of occupancy. (4) Following assessment of the impact fee hereunder, the amount of the impact fee per service unit may not be increased above the assessed fee unless the owner obtains final approval for replatting in which case a new assessment shall occur at the assessed water and wastewater impact fee per service unit in effect at the time of such replatting. (5) An application for an amended plat made pursuant to V.T.C.A., Local Government Code § 212.016 or the city's subdivision rules is not subject to a reassessment of the impact fee. (h) Calculation of impact fees. (1) The water and wastewater impact fees shall be based on the number of service units required for non-multifamily uses or the size of the water meter determined by the director to be necessary to serve multifamily uses and the number of service units associated with that size of water meter. If the city allows a development to connect to the wastewater system without connecting to the water system, the director shall determine the number of service units that would be required if the development did connect to the water system. The number of service units associated with the various sizes of water meters or multifamily types are set forth herein in subsection (e) above.. (2) A property owner may submit, or the director may require the submission of a study, prepared by a professional engineer, licensed in the state, clearly indicating the number of water and/or wastewater service units which will be consumed or generated by the new development. The director will review the information for completeness and conformity with generally accepted engineering practices and may, when satisfied with the completeness and conformity of the study, modify the total number of service units required for the new development. (3) Total service units and any fraction thereof shall be multiplied by the impact fee per service unit for water or wastewater service as set forth in section (f) of this section. (4) All applicable offsets, credits or discounts per service unit allowable under this section for water or wastewater service shall be subtracted from the product derived under subsection (h)(3) of this section. (5) The amount of impact fees due for new development shall not exceed the amount computed by multiplying the assessed fee for water or wastewater service by the total number of service units generated by the development. (6) Whenever the property owner increases the number of service units for a development, the additional impact fees collected for such new service units shall be determined based on the 30 V V assessed fee and applicable offsets, credits and discounts then in effect and such additional fee shall be collected at the time the additional meters are purchased. (7) For the purpose of determining water impact fees attributable to the addition of a separate irrigation meter, the water impact fee shall be based on the size of the irrigation meter shown in the table of 44-32.e. above. No wastewater impact fee shall be charged for an irrigation meter. (8) In determining the number of service units for wastewater impact fees, no service units will be attributed to irrigation meters. (9) Payment of an impact fee in accordance with the terms and conditions of this section shall entitle the payor to receive a credit for same to be used in the event the tap for the property for which the fee is paid expires and must be repurchased; provided, however, that the impact fee is not refundable upon expiration of the tap. (10) If the tap or building permit for the property on which an impact fee is paid has expired and a new application is thereafter filed for the identical property and the same number of service units, the impact fee previously paid satisfies the requirements of this section. (11) The impact fee shall attach to the property for which the impact fee was paid and shall not be transferable to other properties or service units. (12) No request to connect to the water and wastewater system shall be granted and no building permit shall be issued if the applicant cannot verify payment of the appropriate impact fee and other applicable fees or if existing facilities do not have actual capacity to provide service to the new connection. (i) Credits. If the city requires, as a condition of development approval, or otherwise enters into an agreement with a developer, to have the developer construct, fund or otherwise contribute toward the cost of a capital improvement or facility expansion included in the adopted water or wastewater capital improvements plan, the city shall provide for reimbursement in the form of credits against impact fees that would otherwise be due from the development. Such credits shall run with the land and shall be used to reduce the amount of the impact fee that would otherwise be owed at the time of collection of impact fees. If the amount of such credits would be insufficient to reimburse the developer for the cost of required improvements, the city shall provide for reimbursement to the developer up to the balance of the cost of the required improvements from water or wastewater impact fees collected from other new development within the same service area. In determining the amount of such credits, the developer shall submit evidence of the actual, fair-market cost of the required improvement. Such credits shall only be applicable against the impact fees for the type of facility(water or wastewater)for which the capital improvement is made. (j) Exceptions and exemptions. (1) Limitation on modification. Except as provided in this section or by contract in existence on the effective date of the ordinance codified in this section, any reduction, change or modification in the amount or time of payment of the impact fee must be approved by a duly enacted ordinance of the city council. (2) Fire protection capacity. No fee shall be collected for the purchase of a tap that is utilized to provide only fire protection capacity. (3) Nothing hereinabove stated shall be construed to alter the terms of a contract with a wholesale customer of the city regarding the payment of impact fees and shall not be construed to authorize the payment of impact fees in installments in areas encompassed by such a contract for wholesale service. (4) Exchange. A tap may be exchanged before any water or wastewater service has been received for another tap without collection of the impact fees established in this section if the exchange will result in an equivalent or lesser number of service units to be utilized on the property for which the tap was originally purchased. The number of service units to be exchanged shall be determined in accordance with subsection (e) of this section and shall not be based on the number of units at the time of initial purchase. 31 it 1111110 (5) Waiver. By majority vote of the city council, a resolution or ordinance may be adopted waiving or reducing the impact fees for a certain class of development, or for a specific development if there is a finding that the proposed waiver or reduction would result in substantial economic benefit to the city. All water and wastewater impact fees for public school buildings were waived pursuant to Ord. No. G-95-03-23-9A, 3-23-1995. (k) Accounting for fees and interest. (1) All water and wastewater impact fees collected by the city shall be deposited in interest bearing accounts clearly identifying the category of capital improvements for which the fees were collected. (2) Interest earned by each account shall be credited to the account on which it is earned and shall be used solely for the purposes specified for impact fees as authorized hereinbelow. (3) The city shall establish adequate financial and accounting controls to ensure that impact fees disbursed from the account are utilized solely for the purposes authorized in this section. Disbursement of funds shall be authorized by the city at such times as are reasonably necessary to carry out the purposes and intent of this section; provided, however, that any fee paid shall be expended within a reasonable period of time, but not to exceed ten years from the date the fee is deposited into the account. (4) The city shall maintain and keep adequate financial records for each such account, which shall show the source and disbursement of all revenues, which shall account for all moneys received, the number of service units for which the moneys are received, and which shall ensure that the disbursement of funds from each account shall be used solely and exclusively for the provision of projects specified in the impact fee capital improvements plan as system-related capital projects. The city shall also maintain such records as are necessary to ensure that refunds are appropriately made in accordance with this section. (I) Use of proceeds of impact fee accounts. (1) Water and wastewater impact fees shall only be used to pay the costs of constructing water and wastewater capital improvements or facility expansions, including and limited to the following: a. Construction contract price; b. Subject to the provisions of subsection 395.012(b) of the Act, interest charges, including projected interest charges, or other finance costs; c. Surveying and engineering fees; d. Land acquisition costs, including land purchases, court awards and costs, attorney's fees and expert witness fees; and e. Fees actually paid or contracted to be paid to an independent qualified engineer or financial consultant preparing or updating the capital improvements plan who is not an employee of the city. (2) Impact fees collected pursuant to this section shall not be used to pay for any of the items set forth in section 395.013 of the Act. (m) Refunds. All or any portion of a water or wastewater impact fee payment that has been collected by the city and has not been spent as authorized by this section within ten years from the date such impact fee was collected shall be refunded pursuant to the provisions set forth in section 395.025 of the Act. (n) Updates to plan and revisions of fees. The city shall review the land use assumptions and impact fee capital improvements plan for water and wastewater facilities at least every five years, with the five- year period to commence from the date of adoption of the impact fee capital improvements plan referenced in this section. The city council shall accordingly make a determination of whether changes to the land use assumptions, impact fee capital improvements plan or impact fees are 32 6► V needed and shall, in accordance with the procedures set forth in the Act, or any successor statute, either update the fees or make a determination that no update is necessary. XII. That Chapter 44, Section 44-55, Code of Ordinances (2010 Edition), City of Round Rock, Texas, is hereby amended to read as follows: Sec. 44-55. Permit required prior to cutting streets. It shall be unlawful for any person, firm or corporation to cut, bore, install, repair or remove, water, reuse water, sewer or gas mains, electric utility or telephone lines in existing paved or unpaved streets, alleys or other public places within the corporate limits of the city without having first obtained a permit as is herein required, or without complying with the provisions of this article or in violation of or variance from the terms of any such permit. XIII. That Chapter 44, Section 44-173, Code of Ordinances (2010 Edition), City of Round Rock, Texas, is hereby amended to read as follows: Sec. 44-173. Cross connection standards. Every source of contamination or possible contamination from any contaminant which originates from, or is located at, a residential or commercial establishment, and said source of contamination or possible contamination is connected to any publicoto able water supply or providesotp able water to the public shall be equipped with the protection required under the provisions of this article. XIV. That Chapter 44, Section 44-174, Code of Ordinances (2010 Edition), City of Round Rock, Texas, is hereby amended to amend the definitions listed below to read as follows: Sec. 44.174. Definitions. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. If a word used in this article is not contained in the following list, it shall have the definition listed in section 44-5 or in the most recent edition of the Manual of Cross Connection Control published by the Foundation for Cross-Connection Control and Hydraulic Research, University of Southern California. The following definitions shall apply to this article: 33 #t V Auxiliary supply means any water source or system other than the publicotp able water system that is or may be available in a building or on real property, including reuse water, ground water or surface water used for industrial, irrigation or any other purpose. Backflow means the flow in the direction opposite to the normal flow of the city'sotp able water system, or the introduction of any foreign liquids, gases, or substances into the city'sotp able water system. Backpressure means any elevation of pressure in the downstream piping system (by any means) above the supply pressure at the point of consideration which would cause, or tend to cause, a reversal of the normal direction of flow of water in the city'sotp able water system, or the introduction of fluids, mixtures or substances from any source other than the intended source. Cross connection means any connection, physical or otherwise, between a potable water supply system and any plumbing fixture or any tank, receptacle, equipment or device through which it may be possible for any reuse nonpotable, used, unclean, polluted and/or contaminated water, or other substances, to enter into any part of such potable water system under any condition or set of conditions. Cross connection control device means any device placed upon any connection, physical or otherwise, between a potable water supply system and any plumbing fixture or any tank, receptacle, equipment or device, which is designed to prevent reuse nonpotable, used, unclean, polluted and/or contaminated water, or other substances, from entering into any part of such potable water system under any condition or set of conditions. XV. That Chapter 44, Section 44-191(a)(3) and (c), Code of Ordinances (2010 Edition), City of Round Rock, Texas, is hereby amended to read as follows: Sec. 44-191. Enforcement. (a) Violations. (3) A person commits an offense if backflow from premises he owns, controls, operates, or manages enters a public op table water supply system. (c) In addition to the penalties provided for by this article, the city is entitled to impose penalties or fees provided for by other provisions of this Code for failure to timely pay any bill, or portion thereof, for water and-sanitary sewer, and/or reuse water services. XVI. 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. 34 V V C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. READ and APPROVED on first reading this the —Le—day of 2014. READ, APPROVED and ADOPTED on second reading this the Ob day of 2014. OIY7t,- ' ALAWMCGRAW, Mayor City of Round Rock, Texas ATTEST: �nA^, ' 'A Urw� . VIXX/� SARA L. WHITE, City Clerk 35