O-336-4-81CITY OF ALLEN
ORDINANCE NO. - 336
AN ORDINANCE ESTABLISHING A PRO RATA
CHARGE AS A PREREQUISITE TO UTILIZING THE
CAPACITY OF SPECIFIED SANITARY SEWER LINE;
PROVIDING A SEVERABILITY; PROVIDING A PEN-
ALTY AND DECLARING AN EMERGENCY
WHEREAS, the City of Allen, hereinafter called "City", is a Home Rule
City with a Charter approved by the voters of the City pursuant to Article
II, Section 5 of the Texas Constitution, and
WHEREAS, the City has the power and authority to provide a sanitary
sewer system and require property owners to pay reasonable charges for utilizing
the capacity of said sanitary sewer system, and
WHEREAS,
the City has
the
power and
authority to
enter
into contracts
relating to the
construction
of a
sanitary
sewer system
and
to effectuate
reasonable charges, and
WHEREAS, the City, Morton Realty Associates, Inc. and Fox & Jacobs, Inc.
entered into a Facilities Agreement in accordance with Ordinance No. 273, the
City's Subdivision Ordinance whereby the Parties agreed to construct a sanitary
sewer line and to provide for assessment of Pro Rata charges for Parties
utilizing the capacity of said line, and
WHEREAS, the City, pursuant to the subdivision ordinance and the
applicable state law has the ability to pass a pro rata ordinance that will provide
for reasonable charges to be assessed for any party utilizing the capacity of the
line, and
WHEREAS, the City Council does find that the charges hereinafter set
forth as pro rata charges for parties desiring to utilize the line's capacity are
fair, reasonable and based on cost;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ALLEN, TEXAS:
Section 1. That all of the premises recited above are found to be true and
correct and are incorporated into the body of this ordinance as if copied in full.
Section 2. The location of the subject line is shown on the attached
Exhibit "A". The subject line has been constructed to serve the area outlined
in Exhibit "B".
Section 3. It is hereby determined that a reasonable, fair and equitable
basis for pro rata charges for parties utilizing the subject line is as follows:
(A) Any Party, Owner or Developer filing an application to utilize any
capacity of the line wherein the property sought to be developed is
Ordinance No. 336
Page 2
contiguous to the line shall pay the following as Pro Rata charges:
1. $ 1 A _ R7 per lineal foot for each lineal foot of the line
located within the property being developed, and
2. $ 81.22 per acre for each acre being developed.
(B) Any Party, Owner or Developer filing an application to utilize any
capacity of the line where the property sought to be developed is not
contiguous shall pay the following as a Pro Rata charge:
1. $ 81.22 per acre for each acre being developed.
Section 4. This pro rata charge is in addition to any tap fee and any and all
regular monthly charges assessed by the City for the handling and treatment of
sewage.
Section 5. Severability. If any part or portion of this Ordinance is held to
be invalid or unconstitutional by a Court of competent jurisdiction, such holding
shall in no way affect or invalidate the remaining portions hereof not so held
invalid or unconstitutional.
Section 6. Penalty. Any person violating any of the provisions of this
Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof,
shall be fined $1.00 to $200.00. Each day such violation continues shall constitute
a separate and distinct offense.
Section 7. Emergency. The fact that the present Ordinances of the City
of Allen are inadequate to protect its citizens within the corporate limits of the
City of Allen, creates an emergency for the immediate preservation of the public
business, property, health, safety and general welfare of the public which requires
that this Ordinance shall become effective from and after the date of its passage
as provided by the Charter of the City of Allen and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
ALLEN, TEXAS, this the 2nd day of APRIL , 1981.
ATTEST:
City Secretary Imarty Hendrix
APPROVED AS TO FORM:
City Attorney A. Don Crowder
ayor M. B. Pierson
vV(
-)
I EXAS F(A HN
M I NU r F ,f'P I I '; ( I (W()(,PA Pl 11(, 1
ORDINANCE NO. 336 ".Wpt M1 I"IfIrl, V IAIAI,I•AI,11,11
MI
17 'j (v
t
t
iS 5A
0"
_7
%U
Vol
Allen
X"_
v
f) 4
iI
1896 ACRES
7HIS AIR FEA
C// \ t.
-4— f;l
IT
Iry �- ^01,; 'v
"Y'
he A.F. Gfoup, Inc. S A '7' Y 1,B E 'E P i
CHARLES L. CROUCH, P.E. AREA SERVED BY
Land Development Consultant l EAST INTERCEPTOR
arcYteicts and enolneers (214) 630-0822 ALLEN, EXAS
R585 N. Stemmons `-'�_vy. • Suite 816 - Dal 1?!., "exas 752^7
..cC - - 1 / 1 % • . "1 ,' ��i,' 0 T_
Ir
'Z't 1,
0(
menC) z - i
0. fr C 06 016
V7aTwa C..et,:5 0
,5-
z,o
Q,;!
0313�=_ etc -—Q, I 'S 1 ma L
Cit.
5 40 ic 3 ;p
C 0
d
a,
&5� 0
ON
A 4n,
IT- CL &
RX
O:r-' ', -02gar.4,0,1i -0, C.
I'D �;,z '*_ :1 , 0�1
S., M)
24 Va a
CS.
Map
dam
1Z, 9-1 2.Z-4 21
2 riz 0
47 — X--
ia t Cr
(36
. ijo
�.�'.tr I - ". , b. �
N6taz Public
in and fhr'Cb1fin County,.
Publisher'
WMIT
AFFIDAVIT AN6 PROOF OF PUBLICATION Al
:a;
_3
F-
THE'STATE-OF TEXAS" - -.,Z -
COUNTY 0F,C'OLLIW vq,
jz
�Z.A;;
BUDDY W.'. CAMPER,.,who having been I
'BEFOR- t M un&"giWaut iity, or thig-daY
% Eth6 . . I - !MniHi.appeared
b Y. I oath me on, oa d6oseiaaii say�--Y-
1,1-20 V. ALLEN AMERICAN;, �piw,, publislied- iii,.Ci) County; Td:kai,
ihim10'
z That he is publisher. of t1l .
t
*d' 'u'published regularly.' and con.;
-6rculatimim''s'ai .county; an& having b
Midi than once i week,, having a general de
months blishii*,'
u pno�r to public 4
ously1or more iharCiwelve nwn
1
mpyliand/m h �vas:published,,in THE_ALLEN AMERICAN on
'�rhich, 64attached is true andivritted hit-,
Of
Loo,
and which was J;i
_0�&_Collin County;'Texas-. copy� attached: hemto.-A."
f said publication
<
A
"Aa 69- A.D.
!-"J SxitSCRIBifi��D SW ore"Ine this; y 19
V4 %,
7'?
�.�'.tr I - ". , b. �
N6taz Public
in and fhr'Cb1fin County,.
Publisher'
WMIT