O-607-5-85ORDINANCE NO. 6 0 7- 5- 8 5
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS,
ESTABLISHING A PRO RATA CHARGE AS A PREREQUISITE TO
UTILIZING THE CAPACITY OF A SPECIFIED SANITARY SEWER LINE
AND LIFT STATION; PROVIDING FOR A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF
TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND
PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE.
WHEREAS, the City of Allen, hereinafter referred to as "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 all of the powers of local self government contained in
its Charter and in the applicable state statutes; 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, at the request of the City, Fox & Jacobs, Inc. has agreed to
construct, and has completed construction of, a sanitary sewer line and lift station,
hereinafter collectively called the "project" with the capacity to serve a certain
specified area; 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 project; and,
WHEREAS, the City Council does find that certain additional costs were
incurred to increase the capacity of the project to serve the area referred to as the
expansion area, which area is specifically defined by an exhibit in the body of the
Ordinance; and,
WHEREAS, the City Council does find that the charges hereinafter set forth as
pro rata charges for parties desiring to utilize the project's capacity are fair,
reasonable and based on cost;
Ordinance No. 607-5-85 - Page 1
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, 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 sanitary sewer line and lift station are
shown on the attached Exhibit "A" and made a part hereof for all purposes. The project
has been constructed to serve the area outlined in Exhibits "B" and "C" and made a part
hereof for all purposes. The area shaded in red in Exhibit "B" is the property
represented by Fox & Jacobs, Inc. The property shown in Exhibit "C", shaded in green,
located north and east of the property represented by Fox & Jacobs, Inc. is hereinafter
referred to as the 'Expansion Area".
Section 3. It is hereby determined that a reasonable, fair and equitable basis for
pro rata charges for parties utilizing the subject line is on an acreage basis.
A. The Council finds, based on the actual cost certified by the City's
Engineer, that the per -acre pro rata charge for any party, owner or
developer filing application to utilize any capacity of the sanitary sewer
line and lift station from the Expansion Area shall be $738.98 per acre.
B. The Council finds, based on the actual cost certified by the City's
Engineer, that the per -acre pro rata charge for any party, owner or
developer filing an application to utilize any capacity of the sanitary sewer
line, only, without utilization of the lift station, from the Expansion Area
shall be $409.23 per acre.
Section 4. The total pro rata charge is computed by multiplying the applicable
per -acre charge times the number of acres to be served by the project, or solely by the
line. 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. That it is hereby declared to be the intention of the City Council that
the sections, paragraphs, sentences, clauses, and phrases of this ordinance are
severable, and if any phrase, clause, sentence or section of this ordinance shall be
declared unconstitutional or invalid by any judgment or decree of a court of competent
jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining
phrase, clause, sentence, paragraph or section of this ordinance; and the City Council
Ordinance No. 607-5-85 - Page 2
hereby declares it would have passed the remaining portions even though it had known
the affected parts would be held unconstitutional.
Section 6. That any person, firm or corporation violating any of the provisions or
terms of this ordinance, and upon conviction shall be punished by a fine not to exceed
the sum of Two Hundred Dollars ($200.00) for each offense.
Section 7. 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 its passage as provided by the Charter of the City of
Allen and it is accordingly so ordained.
DULY PASSED AND APPROVED by the City Council of the City of Allen, Collin
County, Texas, this 2nd day of MIRY , 1985.
APPROVED:
ATTEST:
Marty Hendrix, Ci 6
Secretary
APPROVED AS TO FORM:
A. Don Crowder, i y Atto-FTMy
Ordinance No. 607-5-85 - Page 3
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