O-2077-8-02ORDINANCE NO.2077-5-02
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, FOR ESTABLISHING PRO BATA CHARGES AS A
PREREQUISITE TO UTILIZING THE CAPACITY OF A SPECIFIED WATER LINE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Allen (the "City") has the power and authority to provide a water system and sanitary
sewer system and require property owners to pay reasonable charges for utilizing the capacity of said sanitary
sewer and water system; and,
WHEREAS, the City has the power and authority to enter into contracts relating to the construction of a
sanitary sewer and water system and to effectuate reasonable charges; and,
WHEREAS, the City and Fairview Baptist Church (the 'Developer") entered into a Facilities Agreement (City
File for Facility Agreements Number 598) in accordance with Allen Land Development Code whereby the
Developer agreed to construct an "off-site" water line and sewer line (hereinafter collectively called the "Lines")
and the City agreed to assess the pro rata charges for parties utilizing any capacity of said Lines to reimburse the
Developer; and,
WHEREAS, pursuant to the City of Allen Land Development Code and applicable state laws, City Council has
the ability to pass a pro rata ordinance that will provide for reasonable charges to be assessed for any party
t utilizing the capacity of the Lines; and,
WHEREAS, the City Council of the City of Allen finds that the charges hereinafter set forth as pro rata charges
are fair, reasonable and based on cost.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1: 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 lines= shown on Exhibit "A" and "B" attached hereto and made a
part hereof for all purposes. The subject lines have been constructed to serve the area contiguous to the project.
SECTION 3: It is hereby determined that a reasonable, fav and equitable basis for pro rata charges for parties
utilizing the subject lines are as follows:
Any party, owner or developer filing an application to utilize any capacity of the offsite water
line as shown in Exhibit "A", wherein the property sought to be developed is contiguous to
Karen R. Wines Tract and Betty L. Williams Tract as shown on Exhibit "A" shall pay a pro
rata charge of 541.09 per lineal foot for each lineal foot of water line located contiguous to
property being developed on the south side of and adjacent to State Highway 121.
' Any party, owner or developer filing an application to utilize any capacity of the offsite sanitary
sewer line in the drainage area as shown in Exhibit 'B.", wherein the property sought to be
developed is contiguous to Karen R. Wines, Betty L. Williams, Rantzow Family Trust, Wines
Family Irrevocable Trust, Continental Mortgage and Equity Trust, and Charles B. Bush tracts
as shown in Exhibit 'B" shall pay a pro rata charge of $800.13 per acre for each acre of land
being developed adjacent to said offsite sanitary sewer line.
' 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 sanitary sewer or water.
SECTION 5: Should any word, sentence, paragraph, subdivision, clause, phrase or section of this
ordinance, or of the Code of Ordinances, as amended hereby, 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 Code
of Ordinances, as amended hereby, which shall remain in full force and effect.
SECTION & All provisions of the ordinances of the City of Allen, Texas, in conflict with the provisions of
this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the
provisions of this ordinance shall remain in full force and effect.
SECTION 7: This pro mm charges provided herein shall terminate and this ordinance shall expire by
operation of law on the earlier of the date the Developer is reimbursed the costs of said lines or July 24, 2017..
SECTION 8: Any person violating any of the provisions of this ordinance shall be deemed guilty of a
misdemeanor and upon conviction thereof, shall be subject to a fine not to exceed the sum of Five Hundred
Dollars ($500) for each offense; and each day such violation continues shall constitute a separate and offense.
SECTION 9: This ordinance shall become effective immediately from and after the date of its passage as the
law and charter in such cases provide, and it is accordingly so ordained.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON
THE 13ra DAY OF AUGUST 2002.
APPROVED:
Step en errell, MAYOR
APPROVED AS TO FORM: ATTEST:
Smith, CITY
Ordinance No. 2077-8-02, Page 2
CMC/MMCA, CITY SECRETARY
EYI IIHIT A
Karen R. Wines Treat- 564 lineal feet
Betty L. Williams Tract- 711 lineal feet
$41.09 per lineal foot of 12" dia. water line
SNA2"
12" WATER LINE
($41.09 / LF)
WINES
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KAREN R I � 1
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FAIRVIEW BAPTIST
>C I CHURCH II
KAREN R IN 1
WHO ■
WANES
CR 148 FAMILYTRUSr
CHRISHENG CHANG
YING-KUANG CHA14G WILU M E. CAMPBELL TRUSTEE
R BASH EL IN
PROPERTY COMPANY, LM I WRLM1 E CAMPBELL, TRUSTEE
Ordinance No. 2077-&02 Page
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EXHIBIT B
Drainage Area (On -Site)
Drainage Area (Off -Site)
Total Drainage Area (On -Site) = 46.2 acres
Total Drainage Area (Off -Site) = 170.88 acres
Total Drainage Area = 217.08 acres
OFF-SITE PRO -RATA = $800.13 /ACRE
City collects fee and reimburses Developer (FBC)
Ordinance No. 207748-02, Page 4