O-1189-7-93ORDINANCE NO. 1189-7-93
AN ORDINANCE OF THE CITY OF ALLEN, COUJN COUNTY, TEXAS,
ESTABLISHING A PRO RATA CHARGE AS A PREREQUISITE TO UTH RING
THE CAPACTTY OF A WATER AND SANITARY SEWER LINE LOCATED IN
BUCKINGHAM POLO ESTATES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY, AND PROVIDING FOR AN CTIVE DATE OF
11■1 • C 0 1�: ��
WHEREAS, the City of Allen, hereinafter called "City", is a Home Rule City with Charter approved
by the voters of the City pursuant to Article II, Section 5 of the Texas Constitution; and,
WHII AS, 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 water and sanitary sewer system and
require property owners to pay reasonable charges for utilizing the capacity of said water and 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 majority of property owners of Buckingham Polo Estates, the City
has agreed to, and completed, construction of water and sanitary sewer lines and a lift station,
hereinafter collectively called the "project," with the capacity to serve the Buckingham Polo Estates; 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 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; and,
WHEREAS, a public notice has been published in the local paper ten days prior to the called public
hearing for July 1, 1993. t
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS, THAT:
SECITON 1: 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 project is shown on Exhibit "A" attached hereto and made
a part hereof for all purposes. The subject project has been constructed to serve the area shown. The
assessment role is shown as Exhibit "B."
SECTION 3: It is hereby determined that a reasonable, fair and equitable basis for pro rata charges
for parties utilizing the subject project is on a per -acre basis.
A. Existing homeowners who wish to connect immediately (within 180 days from the effective date
of this ordinance) to the sanitary sewer have the option of repaying the pro rata charge over a
ten (10) year period, with interest.
B. Parties who do not now -own a home in Buckingham Polo Estates, or homeowners who do not
wish to connect immediately, will be required to pay their pro rata charge in a lump sum at the
time of sanitary sewer connection, plus interest.
C. Developers will be required to pay the pro rata charge in a lump sum at the time of final plat
filing, plus interest.
D. The City 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 project shall be $1,649.46 per acre, plus interest. Interest is to be compounded annually
at 7.0%, and interest starts 30 days after completion of surface work on Buckingham Road.
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. The City contributed over ten percent (10%) of
the expense of this project through labor and equipment which was not included in the pro rata fees.
This pro rata charge is in addition to any tap fee, impact fees and any and all regular monthly charges
assessed by the City for the handling and treatment of sewage or distribution of water.
SECTION 5: 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
hereby declares it would have passed the remaining portions even though it had known the affected parts
would be held unconstitutional.
SECTION 6: Any person violating any of the provisions of this ordinance shall be deemed guilty of
a misdemeanor and, upon conviction thereof, shall be fined in a sum of not more than five hundred
dollars ($500.00) for each offense; and each day such violation continues shall constitute a separate and
distinct 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 immediately from and after the date of 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, TEXAS,
ON THE 1ST DAY OF JULY, 1993.
APPROVED:
Abe Farmer, MAYOR
Il /I 1
APPROVED AS TO FORM: ATTEST:
�1
� /,moi _
A. Don Jugy Moffisok MY SECRETARY
Ordinance No. 1189-7-93 Page 2
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EXHIBIT A
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I117 PHASE 1 1 1 1 I � 1�.ola � .
CITY OF ALLEN - DEPARTMENT OF PUI311C WORKS
BUCKINGHAM POLO CLUB ESTATES - WATER AND SEWER ASSESSMENTS
ORIGINAL PROPOSED
LOT# ADDRESS OWNER
FISCAL
ADDRESS CITY ACRES ASSESSMENT IMPACT
1
1500 Greenville Ave.
SPS do FAHBAT MANN
2908 Malibu Circle
Plano, TX 75023
5.309
$8,757 B
2-3
20 Buckingham Lime
TAYLOR CUSTOM BUILDERS
233 Rockridge Circle
Allen, TX 75002
1.1457
$1,890 C
2-3
22 Buckingham Lane
TAYLOR CUSTOM BUILDERS
233 Rockridge Circle
Allen, TX 75002
1.1134
$1,837 C
2-3
24 Buckingham Lime
TAYLOR CUSTOM BUILDERS
233 Rockridge Circle
Allen, TX 75002
1.1371
$1,876 C
2-3
26 Buckingham Lime
TAYLOR CUSTOM BUILDERS
233 Rockridge Circle
Allen, TX 75002
1.1155
$1,840 C
2-3
28 Buckingham Lane
TAYLOR CUSTOM BUILDERS
233 Rockridge Circle
Allen, TX 75002
1.0951
$1,806 C
4
40 Buckingham Lane
STEPHEN P. & DEBORAH J. BURCH
40 Buckingham Lane
Allen, TX 75002
2
$3,299 B
5
50 Buckingham Lane
TAYLOR CUSTOM BUILDERS
233 Rockridge Circle
Allen, TX 75002
2
$3,299 B
6
60 Buckingham Lane
HUBERT H. POWELL
Route 5 - Box 12
Allen, TX 75002
2.12
$3,497 B
7
70 Buckingham Lane
BILLIE JO WEST
Route 5 - Box 8
Allen, TX 75002
2.5
$4,124 A
7
74 Buckingham Lane
BILLIE JO WEST
Route 5 - Box 8
Allen, TX 75002
2.5
$4,124 B
8
80 Buckingham Lane
CHRIS F. LEWIS
80 Buckingham Lane
Allen, TX 75002
1.88
$3,101 A
8B
JAMES W. BARRETT
10 Secretariet Lane
Allen, TX 75002
0.12
$198
9A -9B -10B
90 Buckingham Lane
WILLIAM T. DYER
7608 Carta Valley
Dallas, TX 75248
1
$1,649 C
9A -9B -10B
94 Buckingham Lane
WILLIAM T. DYER
7608 Carta Valley
Dallas, TX 75248
1.55
$2,557 C
9A-9B-IOB
98 Buckingham Lane
WILLIAM T. DYER
7608 Carta Valley
Dawe, TX 75248
1
$1,649 C
IOA-IIA-11D 100 Buckingham Lane
JEFFREY DAVID KNAUSS
100 Buckingham Lane
Allen, TX 75002
1.8618
$3,071 A
11B -11C
110 Buckingham Lane
RICHARD & LINDA DUKE
461 Kentucky Lane
McKinney, TX 750
3
$4,948 B
12
120 Buckingham Lane
RICHARD & ANDA DUKE
461 Kentucky Lane
McKinney, TX 750
2
$3,299 B
13
130 Buckingham Lane
TAYLOR CUSTOM BUILDERS
233 Rockridge Circle
Allen, TX 75002
2.184
$3,602 B
14
140 Buckingham Lane
TAYLOR CUSTOM BUILDERS
233 Rockridge Circle
Allen, TX 75002
2.15
$3,546 B
15
150 Buckingham Lane
RICKY W. & MITCI ALLEN
807 Sandy Creek Drive
Allen, TX 75002
2.36
$3,893 B
16
135 Buckingham Lane
TAYLOR CUSTOM BUILDERS
233 Rockridge Circle
Allen, TX 75002
1.3171
$2,173 C
16
131 Buckingham Lane
TAYLOR CUSTOM BUILDERS
233 Rockridge Circle
Allen, TX 75002
1.2065
$1,990 C
17
91 Buckingham Lane
EDWARD R. FEARON
14908 Havenshire Place
Addison, TX 75240
3.5
$5,773 B
18
81 Buckingham Lane
EDWARD R. FEARON
14908 Havenshire Place
Addison, TX 75240
2
$3,299 B
19
75 Buckingham Lane
GENE D. KNAUSS
1301 Springcreek
Plano, TX 75023
2.17
$3,579 B
20
71 Buckingham Lane
WIIMOR PROPERTIES
400 Chislom Placo-N200
Plano, TX 75075
2.13
$3,513 B
21
61 Buckingham Lane
WIIMOR PROPERTIES
400 Chislom Place -#200
Plano, TX 75075
3.474
$5,730 B
22
51 Buckingham Lane
WILMOR PROPERTIES
400 Chislom Place -#200
Plano, TX 75075
2
$3,299 B
23
41 Buckingham Lane
TAYLOR CUSTOM BUILDERS
233 Rockridge Circle
Allen, TX 75002
2.153
$3,551 B
24
31 Buckingham Lane
HUBERT H. POWELL
Route 5 - Box 12
Allen, TX 75002
2.17
$3,579 A
25
21 Buckingham Lane
WOODROW W. WELLS
Route 5 - Box 165-a
Allen, TX 75002
2
$3,299 B
26
1520 Greenville Ave.
WOODROW W. WELLS
Route 5 - Box 165-a
Allen, TX 75002
3
$4,948 A
TOTALS
02 -Jul -93
68.2622 $112,596
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AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE
TACKETT, who having been by me duly sworn, on oath deposes and says:
That she is the General Manager of THE ALLEN AMERICAN, a newspaper published in
COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulation in
said county, and having been published regularly and continously for more than twelve (12)
months prior to publishing
Buckingham Polo
of which the attached is a true and written copy, and which was published in THE ALLEN
AMERICAN on
I
Sunday June 20, 1993
and which was issued on June 20, 1993 ,
by City of Allen of COLLIN COUNTY, TEXAS
A printed copy of said publication is attached hereto.
SUBSCRIBED AND SWORN to before me this day oK"A.D. 19 9.3
V. A. TODD
MY CI AA=10N am
December 5, 1998
Publisher's fee $ 30,38
zl.
BLIC in and for COLLIN COUNTY, TEXAS
CITY OF ALLEN
NOTICE OF PUBLIC HEARING
THE CITY COUNCIL OF THE CITY OF
ALLEN WILL HOLD A PUBLIC HEARING
AT 7:30 P.M. ON JULY 1, 1993, IN THE
COUNCIL CHAMBERS OF THE MUNICI-
PAL ANNEX BUILDING, ONE BUTLER
CIRCLE, ALLEN, TEXAS, AS TO THE
AMOUNT TO'BE ASSESSED AGAINST
ACH PROPERTY OWNER OF BUCK -
I INGHAM POLO ESTATES FOR -IM-
PROVEMENTS MADE TO WATER AND
SANITARY SEWER SERVICE AS
FOLLOWS:
Upgrade water service from two inch line,
with no fire protection to eight inch line with
fire hydrants.
Initial sanitary sewer service (upgrade
,from septic tanks). i
An assessment roll has been prepared that
shows the assessment against each prop-
erty in Buckingham Polo Estates.
The costs of this project have been deter
mined to be $112,596.00 plus City labor
and equipment with only the above costs
assessed to property owners.
A. Existing homeowners who wish to con-
nect immediately (180 days from effectide
date of this ordinance) to the sanitary
sewer have the option of repaying the pr'o
rata over a ten (10) year period at an inter-
est rate of seven percent (7.0%).
B. Parties who do not now own a home in
Buckingham Polo Estates or homeowners
who do not wish to connect immediately,
will be required to pay the pro rata in lump
sum at the time of sanitary connection, plus
interest. I
C. Developers will be required to pay tl e
pro rata in lump sum at time of Final Plait
Filing. The basis will be the number of orio-
nal lots used in the development, plus
interest.
D. The City Council finds, based on the
actual cost certified by the City's Enginee'r,
that the per -lot pro rata charge for any
party, owner or developer filing an applica-
tion to utilize any capacity of the project
shall be $3,412 per original lot, plus inter-
est at 7.0%.
Written or oral objections will be corisi3-
ered at the public hearing— – I
Done -by order -of the City Council of the
City of Allen, Texas, the 17th day of June,
1993.
/s/ JUDY, MORRISON, CITY
SECRETARY
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE
TACKETT, who having been by me duly sworn, on oath deposes and says:
That she is the General Manager of THE ALLEN AMERICAN, a newspaper published in
COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulation in
said county, and having been published regularly and continously for more than twelve (12)
months prior to publishing
of which the attached is a true and written copy, and which was published in THE ALLEN
AMERICAN on
Wednesday, July 7, 1993 & Sunday July 11, 1993
and which was issued on July 7, 1993 ,
by City of Allen of COLLIN COUNTY, TEXAS.
A printed copy of said publication is attached hereto.
SUBSCRIBED AND SWORN to before me this day of _4A -D. 19 1`S
V. A. TODD
w (X)mmissm EXPIRES
NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS
Publisher's fee $ 31 . 50
CITY OF ALLEN
PUBLIC NOTICE
Notice is hereby given that the Allen City.
Council adopted the following ordinance at
their regular meeting held on Thursday,
July 1, 1993 (Title and Penalty Clause
only):
Ordinance No. 1189-7-93. An Ordinance
of the City of Allen, Collin County, Texas,
Establishing a Pro Rata Charge as a Prere-
quisite Utilizing the Capacity of a Water
and Sanitary Sewer Line Located in Buck-
ingham Polo Estates; Providing a Severa-
bility Clause: Providing a Penalty: and Pro-
viding for an Effective Date of this
Ordinance.
Any person violating any of the provisions
of this ordinance shall be deemed guilty of
a misdemeanor and, upon conviction
thereof, shall be fined in a sum of not more
than five hundred dollars ($500) for each
offense: and each day such violation con-
tinues shall constitute a separate and dis-
tinct offense.
A copy of this ordinance may be read or
purchased in the office_ of the City Secret-
ary, City of Allen, One Butler Circle, Allen,
Texas 75002.
Js' Judy Morrison
CITY OF ALLEN
PUBLIC NOTICE
Votice is hereby given that the Allen City
"ouncil adopted the following ordinance at
their regular meeting held on Thursday,
July 1, 1993 (Title and Penalty Clause
only):
Ordinance No. 1189-7-93: An Ordinance
of the City of Allen, Collin County, Texas,
Establishing a Pro Rata Charge as a Prere-
quisite Utilizing the Capacity of a Water
and Sanitary Sewer Line Located in Buck-
ingham Polo Estates; Providing a Severa-
bility Clause; Providing a Penalty; and Pro-
viding for an Effective Date of.this
Ordinance.
Any person violating any of the provisions
of this ordinance shall be deemed guilty of
a misdemeanor and, upon conviction
thereof, shall be fined in a sum of not more
than five hundred dollars ($500) for each
offense; and each day such violation con-
tinues shall constitute a separate and dis-
tinct offense. -
A copy of this ordinance may be read or
purchased in the office of the City Secret-
ary, City of Allen, One Butler Circle, Allen
Texas 75002.
/s/ Judy Morrison
City Secretary