O-84-2142 - 12/27/1984ORDINANCE NO. 2142
AN ORDINANCE AMENDING CHAPTER 3, SECTION 1.1 A.(3)
AND B.(5) TO PROVIDE FOR AN ALTERNATIVE PROCEDURE
FOR THE ISSUANCE OF BUILDING PERMITS WHEN OFF-SITE
WASTEWATER IMPROVEMENTS ARE NOT COMPLETED:
REPEALING CONFLICTING ORDINANCES AND PROVIDING FOR
A SAVINGS CLAUSE.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS
That Chapter 3, Section 1.1, A.(3), Code of Ordinances,
City of Round Rock, Texas, is hereby amended to read as
follows:
(3)(a) All water mains providing service to the
subdivision section in which the lot is
located have been constructed, installed,
and connected to the City's water system by
the developer and inspected, tested and
approved by the City, and
(b) All on-site wastewater mains providing
service to the subdivision section in which
the lot is located have been constructed,
and installed by the developer and
inspected, tested and approved by the City,
and
(c) All off-site wastewater mains providing
service to the subdivision section in which
the lot is located have been constructed,
installed, and connected to the City's
wastewater system by the developer and
inspected, tested and approved by the City;
provided, however, if the foregoing
condition is not met then the following
terms will apply:
(i)
The developer shall deposit with the City
a performance bond or bank letter of
credit acceptable to the City Attorney
equal to the cost of the off-site
improvements as estimated by the City
Engineer, and
(i i ) The developer shall deposi t with the City
a letter acknowledging that Certificates
of Occupancy wi l l not be issued unt i I
such time as the City is able to provide
wastewater service to the subdivision and
including a covenant to inform purchasers
of the lots that although Building
Permits might be issued, Certificates of
Occupancy will not be issued until
wastewater service is actually available,
and
iii) The applicant for the Building Permit
executes and files with the City a
document acknowledging that the Permit is
being requested prior to the lot having
wastewater service and that the applicant
accepts the risk that if the lot does not
have wastewater service available upon
completion of the structure, a
Certificate of Occupancy will not be
issued.
II.
That Chapter 3, Section 1.1, B.(5), Code of Ordinances,
City of Round Rock, Texas, is hereby amended to read as
follows:
(5)(a) All water mains providing service to the lot
or tract have been constructed, installed,
and connected to the City's water system by
the developer and inspected, tested and
approved by the City, and
(b) All on-site wastewater mains providing
service to the lot or tract have been
constructed, and installed by the developer
and inspected, tested and approved by the
City, and
(c) All off-site wastewater mains providing
service to lot or tract have been
constructed, installed, and connected to the
City's wastewater system by the developer
and inspected, tested and approved by the
City provided, however, if the foregoing
condition is not met then the following
terms will apply:
(i)
The developer shall deposit with the City
a performance bond or bank letter of
credit acceptable to the City Attorney
equal to the cost of the off-site
improvements as estimated by the City
Engineer, and
(i i ) The developer shall deposi t with the City
a letter acknowledging that Certificates
of Occupancy will not be issued until
such time as the City is able to provide
wastewater service to the lot or tract
and including a covenant to inform
purchasers of the lot or tract that
although Building Permits might be
issued, Certificates of Occupancy will
not be issued until wastewater service is
actually available, and
(iii) The applicant for the Building Permit
executes and files with the City a
document acknowledging that the Permit is
being requested prior to the lot having
wastewater service and that the applicant
accepts the risk that if the lot does not
have wastewater service available upon
completion of the structure, a
Certificate of Occupancy will not be
issued.
-2-
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.
(Mark through the following alternative that is not applicable)
Alternative 1.
By motion duly made, seconded and passed with an affirma-
tive
ffirma-tive vote of all the Council members present, the requirement
for reading this ordinance on two separate days was dispensed
with.
READ, PASSED, and ADOPTED on first reading this
2721
day of J CiArn v, 1911'
Alternative 2.
READ and APPROVED on first reading this the day
of , 19
READ, APPROVED and ADOPTED on second reading this
the day of
ATTEST:
NNE LAND, City Secretary
, 19
MIKE ROBINSON, Mayor
City of Round Rock, Texas