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Home My WebLink AboutO-1479-2-97neo ®w ORDINANCENO. 1979-2-97 _/541-((-�''1� .J AN ORDINANCE OF THE CITY OF ALIEN, COLLIN COUNTY, TEXAS, ESTABLISHING A PRO RATA CHARGE AS A PREREQUISITE TO UTHIZING THE CAPACITY OF A SPECIFIED WATER LINE; PROVIDING A SEVERABH= CLAUSE; PROVIDING A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. 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 and water system and require property owners to pay reasonable charges for utilizing the capacity of said sanitary sewer and water system; and, WHEREAS, the City has the power and authority to enter into contracts relating to the construction of a sanitary sewer and water system and to effectuate reasonable charges; and, WHEREAS, Bon Terre (hereinafter called "Developer") was required to construct an "off-site" water line and sanitary sewer line (hereinafter collectively called the "project") and has requested assessment of the pro rata charges for parties utilizing any capacity of said project; and WHEREAS, pursuant to the City of Allen Subdivision Ordinance and applicable state laws, the City 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 finds that the pro rata charges hereinafter set forth for parties desiring to utilize the project's capacity are fair, reasonable and based on cost. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, THAT. SECTION 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. SECISON2 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 contiguous to the project. SECITON 3: It is hereby determined that a reasonable, fair and equitable basis for Pro Rata charges for parties utilizing the subject project is as follows: Any Party, Owner or Developer filing an application to utilize any capacity of the project wherein the property sought to be developed is contiguous to Suncreek Boulevard shall pay the following pro rata charge: $29.98 per lineal foot for each lineal foot ofproperty being developed east of and adjacent to Suncreek Boulevard. $29.98 per lineal foot for each lineal foot of property being developed west of and adjacent to Suncreek Boulevard. 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 distribution of sanitary sewer or water. SECTIONS: 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 of 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 ALIEN,TEXAS, ONTHE. 6TH DAY OF FF.RWu1Ry .1997. APPROVED: I{evm L Illy, MAY R JJ APPROVED AS TO FORM: ATTEST: Com^ A. Ion Crowder, CITY ATTORNEY Jutly Meymn, CMC, CITY SFJ-;KUIARY Ordinance No. 1479-2-97 page 2 r RE: 0MINAIKE NO. 1479-2-97 CITY OF ALLEN To: JON MCCARTY , CITY MANAGER 1 From: GEORGE CONNER , DIRECTOR OF PUBLIC WORKS Subject: PRO RATA ORDINANCE FOR OFF-SITE WATER & SEWER LINE ALONG SUNCREEK BLVD. Date: January 20, 1997 BACKGROUND, Bon Terre was required to construct an off-site 12" water line and 8" sanitary sewer line to serve their development, and have requested a pro rata to reimburse them for the cost of these off-site lines. ANALYSIS: The cost for the construction of these lines is $65,780.44, for a length of 1097 feet, yielding a pro rata charge of $ 29.98 per developed foot along Suncreek Blvd on the East and West side. FISCAL IMPACT - The city will collect the pro rata'and pass on the money wllected to Bon Terre as development occurs. RECOMMENDATION: That the city council approve the Pro Rata Ordinance for the off-site water and sewer lines along Suncreek Blvd. ONE BUTLER CIRCLE ALLEN, TEXAS 75017 214(727-0100 COVE z o Q w m F. M . 21 70 MCDERMOTT U D z M, c 0 N Q J IMPE H Berkshire, Inc. 3916 amYN MAWR 214361-]83p WALLAS. TS(AS 76225 �� i�� %,��NL M 15"g, 2,<3633090 December I5, 1996 `„3. i✓_IY��u Ii'� ULC 10 1996 Mr. George Conner errY OF ALLEN Director of Public Works PERCH'. viow City of Allen One Butler Circle Allen, Texas 75002 Re: Suncreek Community 1. Request for Off-site Utilities Pro -rata Agreement Dear George, As we have discussed and you have indicated approval, we are requesting your City of Allen review and approval of our request for a Suncreek Off-site Utilities Pro -rata Agreement for a total of $65,780.44 for Suncreek Drive water and waste water utilities installed north of the Suncreek community and south of McDermott Drive. Please review the enclosed information and let me know if you have questions. We would like to achieve City of Allen approval of this request by January 15, 1996. All the off-site water and waste water utilities in this request were installed to equally benefit the properties to our north, including the properties 1,097 feet north of Bon Terre and south of McDermott Drive. We suggest a fair pro -rata reimbursement to Bon Terre as follows: Property Owner % Reimbursement West side of Suncreek Drive, north of Bon Terre to McDermott Drive- 1,097 feet $29.98 per lineal foot of platted property along Suncreek Drive East side of Suncreek Drive, north of Bon Terre to McDermott Drive- 1,097 feet Same as above Thank you for your cooperation. Please let me know if you have questions or problems with this request. Best regards, `'��' Joel H. Robuck / - - + `'UB'll lM'C .+ .'UNZ If KE8 :$C H NORMS CH a 13'SOCIATES ljc ti•YFL FNCi N({JIt'•SUfl'v 440 Rt •WLAIINFRt•IA N R SC A. •X II'ENIiECi S` SUNCREEKI` PRO -RATA Items Along Suncreek Blvd. installed for all. intense purposes for the use of, Property owners on the East & West sides of SuncreeKBlvd. 'WATER^ Item 1 12" Water Main 1135 LF x $20.00 = $22,700.00 Item 2 Connection at McDermott (includ. = $ 7,511.50' :. crew time, fittings, cone. Blocking) ,Item'3 Fire Hydrant 2 Ea. x $1,411.00 = $ 2182 2.00 : - Item 4, 6% Engineering = $ 1,982:01 Item Inspection Fee, 3.2% = $ 1,057.07 Sub Total.Water = 36,072.58 SANITAIRYSEWER` ` Item, .1 8 Sanitary,Main 1290 LIF x $14.00/LF =,-$18,060.00 Item 2. Drop.Conn. To bdsting'277 $ 1,208.00 Item.3' -Conn, to Ex. 27" MH 17"Deep = $ 1,544.00 Item_44,.' ,;Breakoff Cone 8L Repour• H -Top (Sunoree,k Dr`) 3 Ea x $1,381.00 = '$ 4,143.00 ItemSP. 8"PVCSewerStubouts;• 150,LFX.$15.00 =$;2,250.00_',` RemS, 6%.Engineering. > $:.x,632.3..0 Item'7> Inspection.Fee i.20/6 =i $ .870,56; • SubTotal,Sewer _. - $29.707:86`1;. Grand Tottil'PRO RATA=,; i$65,78tl 44 _', '- 1/2dto EACH Adj. Prop. Owner • ck�mc�eekhL 8700 STEMMUNS FREE -WAY SUITE FOUR HUNOHEO OA'LL'A.S TEXAS -75247 214•634.3300 FAX 2Y4•`631'•3338 09V10 M. SGNHVRBUSCH, P E ROBERT L PRUETT. JR. PE JOHN R COBOLE. R P L S C.AIG S' SMILEq P.E TIMOIXY W. MpY,AAA.. LI' %esNenl•CEO Eaauuro V¢a PresiEeno CqO vee P,wieem-ynwpng' v¢e Preoaem.Enmmn.ro v.. w...w.n. m.AY..FIiA..-. A"Chord O acmes p ppVEMfN7� e r "WATER CURVE DATA •1 X63355. 00 ' 7. I2Z00' WATER cukve DATA 28'.#'50' See Shee+ 3 For General Notes Th. IcL.ttoa at u ubalfe ll 'I"'t 111t"a• incicaaE On the plena are taken [ron .xia[lip . 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