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' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, FOR ESTABLISHING PRO RATA 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 the Allen Land Development Code whereby
Developer agreed to construct an "off-site" water line for the City, and the City agreed to assess pro rata cbarges
for parties utilizing any capacity of said Lines; 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
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 "a ordinance as if copied in full.
SECTION 2: The location of the subject lines are shown on Exhibit "A" attached hereto and made a part
hereof for all purposes. The subject Imes have been constructed to serve the area contiguous to the project.
SECTION 3: It is hereby determined that a reasonable, fair and equitable basis for pro rata charges for parties
utilizing the subject lines are as follows:
For any person, owner or developer filing an application to utilize any capacity of the offsite water line as shown
in Exhibit "A" wherein the properly sought to be developed is contiguous William Campbell Trustee, Rantzow
Family Trust and Wines Family Irrevocable Trust properties as shown on Exhibit "A" shall pay a pro rata
charge of $26.06 per lineal foot for each lineal foot of line located contiguous to property being developed an
each side of and adjacent to Ridgeview Drive.
SECTION 4: This pro rata charge is in addition to any tap fee and any and all regular charges assessed by the
' City for the handling and distribution of sanitary sewer or water.
SECTION 5: That 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: 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 offense.
SECTION 8: 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 13TH DAY OF AUGUST 2002.
APPROVED:
4-91
Stephen Terrell, MAYOR
' APPROVED AS TO FORM: ATTEST:
Peter Smith, CITY
Ordinance No. 20768.02 Page 2
CMC/MMCA, CITY SECRETARY
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WILLIAM E CAMPBELL, TRUSTEE
Ordinance No. 20764-02, Page 3