O-78-567 - 9/28/1978ORDINANCE NO. SO
AN ORDINANCE PROVIDING FOR THE DEVELOPMENT OF
ALTERNATE WATER SUPPLIES FOR NEW RESIDENTIAL
CONSTRUCTION.
WHEREAS, the City of Round Rock has suspended the issuance
of residential building permits for a period of 60 days from August
24, 1978 by emergency ordinance and may continue such suspension
from
from time to time until the City determines that a sufficient
water supply is available to serve additional residential customers,
and
WHEREAS, the Council finds that the issuance of building
permits does not place iiluiiediate demands on the water system, and
that there is sufficient water available to serve new customers
during the off peak demand period of the fall, winter and spring,
but that additional water supplies must be provided prior to the
summer peak usage of the system to provide for new customers, and
WHEREAS, the City is engaged in a test well program to discover
additional supplies of water at its own expense, the City desires
to have the right to obtain ownership ofany major discovery of
water located by others in the Round Rock environs so that such
discovery may be used by all of the citizens of the City of Round
Rock.
WHEREAS, the City recognizes that a continuing residential
market demand exists within the Round Rock environs, and if the
City is unable to provide a water supply to serve such a housing
market, then alternate water supplies will be developed and owned
to serve this market by other governmental and non-governmental
entities, and
WHEREAS, the City may deny the approval of franchises to
private enterprise to operate such alternate systems within the
City, and such denial would then encourage such alternate systems
outside the city limits, and
WHEREAS, the City wishes to discourage uncontrolled growth
outside the City's environs, but encourages the orderly growth
within the city limits through the controls made available by
providing utilities to new subdivisions, and
WHEREAS, the City recognizes the importance of.the revenues
derived through the sale of its own water supplies, wastewater
fees and property taxes,
NOW THEREFORE, BE IT ORDAINED by the Council of the City of
Round Rock, Texas; that
I.
Until such time as additional water supplies are discovered
and developed by the City to meet the needs of new customers,
owners, individually or collectively, of property within the City
are hereby authorized to discover and develop plans to provide
additional water supplies which are compatible to and can be in-
corporated into the City's distribution system. The discovery of
additional supplies shall not be in conflict with the test well
program under development by the City.
II.
At such time as an owner(s) of property within the City can;
(1) prove by a thirty-six (36) hour pump test, supervised and
certified by the City's engineer and hydrologist, a specific
quantity of water equivalent to the quality now supplied by the
City; (2) evidence the test hole has been properly completed or
abandoned in compliance with the Substantive Rules of the Texas
Water Well Drillers Board as published in June, 1978, so as to
prevent any contamination of the aquifer (3) provide the city with
engineering plans and specifications for the construction and
connection of such supply to the City's distribution system;
(such plans to be approved by the Texas Department of Health
Resources and the City engineers); (4) provide fiscal arrangements
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in the form of an irrevocable letter of credit from a state or
national bank or a payment bond by a surety company satisfactory to
the City, equivalent to 120% of the City's engineer estimated cost
of the construction. Such fiscal arrangements shall be valid for
a period of one year from the date plans are approved and if
construction is not to be required within the first year and
sufficient water has not been discovered by the City whereby the
alternate water supply may
shall re -estimate the
arrangements equal to
provided prior to the
cost
still be required by the City, the City
of the construction
120% of the revised cost
and new fiscal
estimate shall be
expiration of the original fiscal arrangements;
(5) provide a written agreement that (a) should the owner(s) dis-
cover a major find of water suitable for the needs of the entire
City, that well shall become the property of the City upon payment
to the owner(s) of expenses incurred in finding and drilling the
well. Further, the owner shall dedicate up to 2,500 square feet
of surrounding land to develop and operate the well, (b) should
the owners be required to complete the construction as provided
for in Section IV., that system shall be dedicated to the City
subject to the provisions of Sections V. and VI.
III.
Upon compliance with the above requirements and such other
ordinances and regulations that apply to the issuance of building
permits, the City will issue water taps and building permits
calculated as follows:
a.) For areas designated entirely as single-family or where
an equivalent single-family pattern of consumption can be determined,
the number of single-family equivalents will be the total number of
gallons per minute (g.p.m.) of the proven test well divided by
.8 g.p.m. Taps or permits shall be issued based on the respective
single-family equivalents.
b.) For all other areas that are designated as mixed land uses
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where no direct single-family equivalent consumption can be
readily determined, the total g.p.m. of the test well shall be
divided by 1.05 g.p.m. to determine the number of available water
taps and building permits allowed.
IV.
If, prior to the next period of peak demand on the City's
water system, it is determined by the City, that new sources of
supply have not been discovered, developed and connected to the
distribution system in time to meet the peak demand, the City shall
notify the owner to begin construction of the previously approved
alternate system.
V.
In the event the owner(s) has constructed such a system at
the request of the City, the owner(s) shall be permitted to re-
capture the cost of the system at the rate of $100.00 per water
tap connected to the system within his property. The City will
forward a payment equal to $100.00 times the number of water taps
issued during the proceeding calendar quarter until such time as
the actual construction costs of the system are repaid.
VI.
Should the owner(s) fail to proceed with the construction of
the alternate water supply system, within ten (10) days of the
City's notice to proceed, the City shall proceed with the con-
struction of the system with the funds provided through enforcement
of the fiscal provisions previously provided the City by the
owner(s). If the City is forced to construct the system, the
owner(s) shall not be entitled to be reimbursed for the cost of the
system.
VII.
The invalidity of any section or provision of this ordinance
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shall not invalidate other sections or provisions thereof.
VIII.
This ordinance becomes effective immediately upon approval
of the Council.
READ, APPROVED, AND ADOPTED this the 28th day of September,
1978.
ATTEST:
ralVnt c .
JOtNNE LAND, City Secretary
ROBERT G. GRIFFIT Mayor
City of Round Roc
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