O-2151-3-03;090IJ\ay DII: QW41-15111y.,
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING ARTICLE VIII, SUBDMSION REGULATIONS
OF THE ALLEN LAND DEVELOPMENT CODE BY AMENDING SECTION 8.10.1
1
TO PROVIDE FOR PRO BATA REIMBURSEMENT CHARGES FOR WATER AND
SEWER EXTENSIONS; PROVIDING A SEVERABH.rFY CLAUSE; PROVIDING A
REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A
PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000) FOR
EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Allen, Texas,
in compliance with the laws of the State of Texas and the ordinances of the City of Allen, Texas, have given
requisite notice by publication and otherwise, and after holding due hearings and affording a full and fair
hearing to all property owners generally, and in the exercise of its legislative discretion have concluded that
this Allen Land Development Code should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. The Allen Land Development Code is hereby amended by amending Article Vim,
"Subdivision Regulations" in part by amending Section 8.10.1 to read as follows:
"ARTICLE VDI
SUBDIVISION REGULATIONS
Section 8.10. Extensions of Water & Wastewater Mains.
5. Pro Rata Reimbursement
a. Upon application and payment of applicable fees and charges, the water and sewer
department will permit connection to existing water and sewer lines in the City. If a
person, corporation, property owner, developer or other entity (collectively referred
to in this section as the "developer") has oversized or constructed an off-site water or
sewer main or line to which the applicant desires to connect, a pro rata line charge,
as set forth in the fee schedule of this Code, shall be made against each lot or tract of
land that fronts or abuts such main or line in order to recover lot or tract fees to be
placed in trust for the purpose of reimbursement of the developer.
b. The City Manager, or designee, on behalf of the City may enter into a pro rata
agreement with an individual, corporation, property owner, developer or other legal
entity that has oversized and/or constructed an extension of an off-site water and/or
sewer main or line to reimburse, such person or entity, the cost of such oversize or
extension from pro rata charges collected by the City and placed in trust for such
developer. The developer shall be reimbursed such costs solely from the collection
' of pro rats charges. The term or length of reimbursement of a developer under a pro
rata agreement shall begin on the date of final acceptance of the facilities by the
City, and shall continue for a period not to exceed ten (10) years. Any sums of
money collected as a pro rata charge shall be credited to the Water and Sewer Fund
1
1
I
of the City for reimbursement to the developer on the submission of an invoice to the
City.'
SECTION 2. The Allen Land Development Code is hereby amended by amending Appendix B in part by
adding Schedule H for pro rata collection charges to read as follows:
"Schedule H - Pro Rata Collection Charges
1. The applicant for connection to an existing water or wastewater main or line within the City will
be required to pay a pro rata charge based on the number of linear feet of the lot or tract, if
unplatted, that fronts or abuts the main line as set forth below:
8" Water Line
$17 per linear foot
8" Sanitary Sewer
$18 per linear foot
10" Water Line
$19 per linear foot
10" Sanitary Sewer
$25 per linear foot
12" Water Line
$25 per linear foot
12" Sanitary Sewer
$27 per linear foot
2. The developer that enters into an agreement with the City for reimbursement for the extension of
a water or wastewater line shall be reimbursed the actual costs of such construction from the
collection of pro rata charges set forth above."
SECTION 3. All ordinances of the City of Allen in conflict with the provisions of this ordinance shall be,
and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in
conflict herewith shall remain in full force and effect.
SECTION 4. An offense committed before the effective date of this ordinance is governed by prior law and
the provisions of the Allen Land Development Code, as amended, in effect when the offense was committed and
the former law is continued in effect for this purpose.
SECTION 5. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance,
or of the Allen Land Development Code, be adjudged or held to be void or unconstitutional, the same shall not
affect the validity of the remaining portions of said ordinance or the Allen Land Development Code, as amended
hereby, which shall remain in full force and effect.
SECTION 6. Any person, firm or corporation violating any of the provisions or terns of this ordinance shall
be subject to the same penalty as provided for in the Allen Land Development Code, as amended and upon
conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000) for each
offense.
SECTION 7. This Ordinance shall take effect immediately from and after its passage and publication of the
caption in accordance with the provisions of the Charter of the City of Allen, and it is accordingly so ordained.
Ordinance No. 2151-3-03, Page 2
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 25m DAY OF MARCH, 2003.
APPROVED AS TO FORM:
Peter G. Smith, MY ATTORNEY
APPROVED: ,,,,pp
Stephen TArrell, MAYOR
ATTEST:
Shelley B. CieorgerSRMC, CITY SWETARY
Ordinance No. 2151-3-03. Page 3