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Home My WebLink AboutO-389-5-82ORDINANCE NO. 389-5-82 AN ORDINANCE OF THE CITY COUNCIL 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; PROVIDING A SEVERABILITY; PROVIDING A PENALTY 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 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, the City and ALLEN MANAGEMENT CORPORATION entered into a Facilities Agreement in accordance with Ordinance No. 273, the City's Subdivision Ordinance whereby Allen Management Cor- poration agreed to construct a sanitary sewer line, hereinafter called "line", 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 line, and WHEREAS, the City Council does find that certain additional costs were incurred to increase the capacity of subject line 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 herein- after set forth as pro rata charges for parties desiring to utilize the line's capacity are fair, reasonable and based on cost; ORDINANCE NO. 389-5-82 Page 2 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 Exhibits "B" and "C". The area shaded in red in Exhibit "B" is the property represented by the Allen Management Corporation. The property shown in Exhibit "C", shaded in green, located north and west of the property represented by the Allen Management Corporation is hereinafter referred to as the "Expansion Area". The property shown in Exhibit "C", shaded in blue, located south and east of the property represented by the Allen Management Corporation is hereinafter referred to as the "Base 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 from the "Base Area" shall be $318.14 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 line from the "Expansion I ORDINANCE NO. 389-5-82 Page 3 Area" or any other area except the "Base Area" and the area represented by Allen Management Corporation identified in Exhibit "B", shall be .$464.53 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 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. 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 unconstitu- tional. Section 6. Penalty. Any person violating any of the pro- visions 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. ORDINANCE NO. 389-5-82 Page 4 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, on this the 6th ATTEST: Marty Hendrix, GITY SECRETARY day of May , 1982. M. ierson, MAYOR r All�jser 1 f '� h ATTACHMENT TO4RBIN- g �,i�3C •.-• til\ 00 ,0, - - - - �.� / --- - TOC / 91ior I �• 1 r. � N7 FlOrLtTT IID. •• �� ` �� I , I U • \6 9MVIERMOT It!• IUT1OT • � • j 636 I , �s r j n � t '1 rl I I_. . ��• � of as PROP09ED • : fry —652 f I _ LIFT STATION i!. 600 I lI '• • . 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