HomeMy WebLinkAboutR-2793-12-08RESOLUTION NO. 2793-12-0
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ESTABLISHING A SCHEDULE OF CHARGES FOR DRAINAGE
SERVICE FOR THE MUNICIPAL DRAINAGE UTILITY SYSTEM; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Chapter 14, Article III, of the Code of Ordinances of the City of Allen, Texas, as
amended, the City of Allen has created the Municipal Drainage Utility System ("System') in accordance with
V.T.CA, Local Government Code §402.041, et.seq., known as the Municipal Drainage Utility Systems Act
("the Act's; and,
WHEREAS, in accordance with Section 402.045(d) of the Act and Section 14-72 of the Code of Ordinances of
the City of Allen, Texas, the City Council of the City of Allen, has established a schedule of drainage charges to
be levied on real property that will benefit from and use the System except those properties otherwise exempt
from such under the Act or as otherwise set forth in Section 14-74 of the Code of Ordinances of the City of
Allen, Texas; and,
WHEREAS, the City Council of the City of Allen, Texas, funds that proper notice of the public hearing held
this date was made m accordance Section 402.045(c) and (d) of the Act and that a public hearing with respect to
the subject matter contained in the Resolution has been held in accordance with the Act prior to the passage of
this Resolution; and,
' WHEREAS, as the result of the increased cost of repairing, expanding, operating, and maintaining the System
and the need to provide an even greater equity of drainage charges for users of the System, the City Council of
the City of Allen, Texas, finds it to be in the public interest to amend the schedule of drainage charges for the
System in order to provide adequate revenue to pay the costs of operating the System.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. The property classes set forth in this resolution shall be as defined in Section 14-73 of the
Code of Ordinances of the City of Allen, Texas.
SECTION 2. Every owner of non-exempt property within the Municipal Drainage Utility System shall pay
each and every month a Base Drainage Charge m an amount equal to the greater of.
(a) the Base Rate for the respective property class set forth in Section 5, below, multiplied by the
total acreage of the property being assessed; or
(b) $3.00.
SECTION 3. In lieu of the Base Drainage Charge and upon the determination of the impervious acreage
within the boundaries of the property to be assessed in accordance with Section 4, below, owners of non-
exempt property classified as anything other than Single Family Residential may pay each and every month
an Alternate Drainage Charge in an amount equal to the greater of.
(a) the Alternate Rate for the respective property class set forth in Section 5, below, multiplied
by the impervious acreage of the property being assessed; or
(b) $3.00.
SECTION 4. The impervious acreage of a property to be assessed shall be determined by the City Engineer
' upon review of a survey of the property prepared and sealed by a Texas registered professional engineer or a
Texas registered professional land surveyor which survey shows the location of the impervious area of the
property and calculates the acreage of the impervious area.
SECTION 5. The Base Rates and Alternate Rates for each property classification shall be as follows
Pmperty Classification
Base Rate
AReroate Rate
Single Family Residential Property
$3.00 per dwelling
located on the property
n/a
Multi -Family Residential Property
$20.42
$22.69
Commercial/Industrial Property
$20.42
$22.69
Day Care Facility
$15.88
$22.69
Religious Facility
$15.88
$22.69
SECTION 6. Notwithstanding the amount of Base Drainage Charge or Alternate Drainage Charge due
pursuant to Section 3 or Section 4, above, the maximum monthly Base Drainage Charge or Alternate
Drainage Charge for properties classified as CommerciaVlndustrial Property, Day Care Facility, or Religious
Facility shall be $100.00 per month beginning January 1, 2009, which maximum monthly amount shall
increase by an additional $50.00 on January 1" of each year thereafter until January 1, 2018. Beginning
January 1, 2019, and each month thereafter, the maximum Base Drainage Charge or Alternate Drainage
Charge due each month shall be the amounts set forth in Section 3 or Section 4, above, whichever is
applicable.
' SECTION 7. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this Resolution
be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining
portions of said Resolution, which shall remain in full force and effect.
SECTION 8. All prior Resolutions of the City of Allen, Collin County, Terns, in conflict with the provisions
of this Resolution, and the same are hereby repealed; provided, however, that all other provisions of said
Resolutions not in conflict with the provisions of this Resolution shall remain in full force and effect.
SECTION 9. This Resolution shall be effective on January 1, 2009, for properties classified as Single Family
Residential and Multi -Family Residential, and on March 1, 2009, for properties classified as
CommemiaVbrdustrial, Day Care Facility, and Religious Facility, and it is accordingly so resolved.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 9TH DAY OF DECEMBER, 2008.
APPROVED:
2;4(2 tz:2��-C
to hen Terrell, MAYOR
ATTEST:
Shelley
RMC, &TY SECATARY
Resolution No. 2793-12-08(R) Page 2