O-2015-12-01ORDINANCE NO. 2015-12-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, FOR ESTABLISHING NEW PRO RATA CHARGES AS A
PREREQUISITE TO UTILIZING THE CAPACITY OF A SPECIFIED
WATERLINE; PROVIDING A SEVERABH,ITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Allen (hereinafter called 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 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 Lost Creek Ranch, Ltd. and RH of Texas Limited Partnership (hereinafter called
"Developers") entered into a Facilities Agreement (City File for Facility Agreements Number 594) in
accordance with Ordinance No. 273, the City's Subdivision Ordinance whereby Developer agreed to
construct an "off-site" waterline (hereinafter collectively called the "Line") and requested assessment of the
pro rata charges for parties utilizing any capacity of said Line; and,
WHEREAS, pursuant to the City of Allen Subdivision Ordinance 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 line; and
WHEREAS, the City Council of the City of Allen finds that the charges hereinafter set forth as pro tura
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, 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 w if copied in full.
SECTION 2: The location of the subject line is shown on Exhibit "A" attached hereto and made a part
hereof for all purposes. The subject line has 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 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 Hassie Hunt Exploration
Corporation Property "Hunt Property," and shall pay the following pro tura charge:
' $32.54 per lineal foot for each lineal foot of the line located
contiguous to property being developed on the south side of and
adjacent to Stacy Road.
' B) 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 Hassie Hunt Exploration
Corporation Property "Hunt Property," and shall pay the following pro rata charge:
$16.12 per lineal foot for each lineal foot of the line located
contiguous to property being developed on the west side of and
adjacent to Allen Heights Drive.
C) 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 commercial tract on the
Stacy Road Joint Venture "SRN," and shall pay the following pro rata charge:
$16.12 per lineal foot for each lineal foot of the line located
contiguous to property being developed on the east side of and
adjacent to Angel Parkway (Malone Road).
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: It is hereby declared to be the intention of the City Council that the sections, paragraphs,
sentences, clauses, and phrases of this ordinance are severable; and if any phrase, clause, sentence or section
of this ordinance shall be declared unconstitutional or invalid by any judgment or decree of a court of
competent jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining phrase,
. clause, sentence, paragraph or section of this ordinance; and the City Council hereby declares it would have
passed the remaining portions even though it had known the affected parts would be held unconstitutional.
SECTION 6: This pro rata ordinance will expire on December 20, 2016.
SECTION 7: This ordinance shall become effective immediately from and atter the date of its passage
as provided by the Charter of the City of Allen, and it is accordingly so ordained.
DULY PASSED AND APPROVED BY THE CITY COUNCH, OF THE CITY OF ALLEN, TEXAS,
ON THE 20an DAY OF DECEMBER, 2001.
APPROVED:
Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
Peter G. Smith, CITY ATTORNEY My Mo on, CMC/AAE, CITY SECRETARY
Ordinance No. 2015-12-01. Page 2