O-76-269 - 1/8/1976ORDINANCE NO. 269
AN ORDINANCE PROVIDING FOR REGULATIONS GOVERNING FURNISHING
OF WATER AND SEWER SERVICES BY THE CITY OF ROUND ROCK, TEXAS,
TO RESIDENTIAL AND COMMERCIAL USERS OUTSIDE THE CITY LIMITS
OF THE CITY OF ROUND ROCK, TEXAS AND SETTING FORTH THE CONDITIONS
UPON WHICH SERVICES SHALL BE PROVIDED; PROVIDING FOR A SAVINGS
CLAUSE; PROVIDING FOR THE EFFECT OF CONFLICTING ORDINANCES,
RESOLUTIONS, OR ORDERS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS:
Section 1:
The City of Round Rock, Texas shall furnish water or sewer services
to residential and commercial users located outside the city limits of
the City of Round Rock, Texas, only upon the following conditions:
(1) That there is adequate capacity of said 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 of the
City of Round Rock, Texas, and the determination of the City Council
shall be final.
(2) The construction costs of water and sewer 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 said
utility lines.
(3) All design and construction shall be in accordance with city
standards and specifications.
(4) New subdivisions (any plat recorded after the date of passage
of this ordinance) desiring city water and sewer services shall comply
with the subdivision ordinance of the City of Round Rock, Texas, in
effect at the time such new subdivision is approved.
(5) The city shall have the right to review and approve all plats
and plans and inspect and approve all water and sewer construction within
subdivisions where water and/or sewer service is to be provided.
(6) All residential and commercial users shall have sanitary sewer
collection and treatment facilities. Water will not be provided to resi-
dential and commercial users who utilize septic tanks.
(7) Where water or sewer lines and appurtenances are extended
outside the city limits, the lines shall be sized to serve the ultimate
requirements of the City of Round Rock.
(8) All water and sewer lines and appurtenances extending from
existing city facilities to any tract of land outside the city limits
requesting water and/or sewer service shall be designed and inspected
by the City of Round Rock's engineer. The owner, developer, or political
entity requesting the service shall pay for these services in keeping
with the then current contract between the City of Round Rock and the
engineer employed by the City of Round Rock.
(9) Where the size of the water or sewer lines required to meet
the ultimate requirements for the City of Round Rock is larger than
eight (8) 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) 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 (5)
percent interest. The total cost shall include, but shall not be
limited to, construction costs, engineering costs, and inspection costs.
(11) 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 of Round Rock at a negotiated wholesale
bulk rate. The city shall own, operate, and maintain all other
facilities.
Section 2:
The rates paid by residential and commercial users located outside
the city limits of the City of Round Rock for the use of the water and
sewer facilities of the City of Round Rock, shall be in accordance with
the ordinances of the City of Round Rock, Texas, which set said rates.
Section 3:
It is hereby declared to be the intention of the City Council of
the City of Round Rock, Texas, that the sub -sections, paragraphs,
sentences, clauses, and phrases of this ordinance shall be severable.
If any of them shall be declared unconstitutional or invalid by the
valid judgment or decree of any court of competent jurisdiction, it is
the intention of the City Council of the City of Round Rock that such
unconstitutionality or invalidity shall not affect any of the remaining
sub -sections, paragraphs, sentences, clauses, or phrases of this
ordinance. This ordinance would have been enacted by the City Council
of the City of Round Rock without the incorporation herein of any
unconstitutional or invalid sub -sections, paragraphs, sentences, clauses,
or phrases.
Section 4:
All ordinances, resolutions, or orders heretofore enacted, passed,
or adopted by the governing body of the City of Round Rock, Texas, or
parts thereof, in conflict herewith, are hereby repealed to the extent
of such conflict.
READ, PASSED, AND ADOPTED this day of January, 1976.
LITTON
Mayor of the City of Round Rock, Texas
ATTEST:
ELI Z +' TH LOOBY, City Secre ry