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HomeMy WebLinkAboutO-628-9-85ORDINANCE NO. 628-9-85 AN ORDINANCE OF THE CITY OF ALLEN ESTABLISHING A PRO RATA CHARGE AS A PREREQUISITE TO UTILIZING THE CAPACITY OF SPECIFIED WATER LINE; PROVIDING A SEVERABILITY; PROVIDING A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. 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 water system and require property owners to pay reasonable charges for utilizing the capacity of said water system; and, WHEREAS, the City has the power and authority to enter into contracts relating to the construction of a water system and to effectuate reasonable charges; and, WHEREAS, the "City" and Belz Investment Company, Inc. "Developer", a Tennessee Corporative, entered into an agreement on February 14, 1983, to construct a water line, hereinafter collectively called the "Line" and to provide for assessment of Pro Rata charges for parties utilizing any capacity of said line; and, WHEREAS, the City, pursuant to the subdivision ordinance and the applicable state laws 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 the charges hereinafter set forth Pro Rata charges for parties desiring to utilize the line's capacity are fair, reasonable and based on cost: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: Ordinance No. 628-9-85 - Page 1 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 contiguous to the line. SECTION 3. It is hereby determined that a reasonable, fair and equitable basis for Pro Rata charges for parties utilizing the subject line is as follows: A. Any Party, Owner or Developer filing an application to utilize any capacity of the line wherein the property sought to be developed is contiguous to the line shall pay the following as Pro Rata charge: $29.69 per lineal foot for each lineal foot of the line located contiguous to property being developed. B. In addition to the per lineal foot charge, the accrued interest from December 31, 1984, will be calculated at 12.5% on the total lineal foot amount due on the date invoiced. 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 water. SECTION 5. 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 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 $1.00 to $200.00. 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, Ordinance No. 628-9-85 - Page 2 health, safety and general welfare of the public which requires that this Ordinance shall become effetive 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 by the City Council of the City of Allen, Collin County, Texas, this the 5th day of September 1985. APPROVED: ATTEST: Mot Marty Hendrix, Cit Secretary APPROVED AS TO FORM: A. on er, City Attorney Ordinance No. 628-9-85 - Page 3 r ATTACHMENT TO ORDINANCE NO. 628-9-85 CITY OF ALLEN COLLIN COUNTY, TEXAS EXHIBIT "A° health, safety and general welfare of the public which requires that this Ordinance shall become effetive 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 by the City Council of the City of Allen, Collin County, Texas, this the 5th day of September , 1985. APPROVED: Donald P. Rodenbaugh, Mayor ATTEST: maai- AA Marty Hendrix, Citz Secretary APPROVED AS TO FORM: • A. on er, City Attorney U J ATTACHMENT TO ORDINANCE NO. 628-9-85 CITY OF ALLEN COLLIN COUNTY, TEXAS EXHIBIT "A" LEGEND ---- wt r i • 11M M. M.Yf Ir WATER SYSTEM h I/ .�f �I t S Ir r �( - zw- �I =_n =!.