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Home My WebLink AboutO-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 ($200.00) for each offense. Section 7. The fact that the present ordinances of the City of Allen are inadequate to protect its citizens within the corporate limits of the City of Allen, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this Ordinance shall become effective from and after its passage as provided by the Charter of the City of Allen and it is accordingly so ordained. DULY PASSED AND APPROVED by the City Council of the City of Allen, Collin County, Texas, this 2nd day of MIRY , 1985. APPROVED: ATTEST: Marty Hendrix, Ci 6 Secretary APPROVED AS TO FORM: A. Don Crowder, i y Atto-FTMy Ordinance No. 607-5-85 - Page 3 EXHIBIT A V%X WWOe DATA .70..1 70fA1- L Ir'J R145 AVO - NO. A A6/f C. I r (3 rI 9. G A." "0 AE04G Few /wVir (.NRd/+o) r O .36-A" 054-9-r ff[LO^/a G 'R /W MdfJGL�/ ALf O'I✓ C(S.$) aH /7s [Plan ( b.RJ 40 IGO ASW e ] OW(AAFJ. 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