O-1547-11-97ORDINANCENO, 1547-11-97
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS,
REPEALING ORDINANCE NO. 1479-2-97 AND ESTABLISHING NEW PRO
RATA CHARGES AS A PREREQUISITE TO UTILIZING THE CAPACITY OF
A SPECIFIED WATER LINE; PROVIDING A SEVERABILM CLAUSE;
PROVIDING A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Allen (hereinafter called the "City") has the power and authority to provide a
sanitary sewer and water system and require property owners to pay reasonable charges for utilizing the
capacity of said sanitary sewer and water system; and
WB ERREAS, 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, Bon Terre (hereinafter called "Developer") was required to construct an "off-site" water
line and sanitary sewer line (hereinafter collectively called the "project") and requested assessment of
the pro rata charges for parties utilizing any capacity of said project; and,
WHEREAS, pursuant to the City of Allen Subdivision Ordinance and applicable state laws, the City
Council passed Ordinance No. 1479-2-97 on February 6, 1997, assessing a pro rata charge for parties
utilizing any capacity of the subject project wherein the property sought for development was contiguous
to Suncreek Boulevard; and,
WHEREAS, the City Council of the City of Allen finds that Ordinance No. 1479-2-97 should be
repealed and that the pro rata charges hereinafter set forth for parties desiring to utilize the project's
capacity are fair, reasonable and based on cost.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL. OF THE CITY OF ALIEN,
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 1, From and after the effective date of this ordinance, Ordinance No. 1479-2-97 is
repealed.
SECTION 3: The location of the subject project is shown on Exhibit "A" attached hereto and made
a part hereof for all purposes. The subject project has been constructed to serve the area contiguous
to the project.
SECTION 4: It is hereby determined that a reasonable, fair and equitable basis for Pro Rata charges
for parties utilizing the subject project is as follows:
Any Party, Owner or Developer filing an application to utilize any capacity of the project
wherein the property sought to be developed is contiguous to Suncreek Boulevard shall
pay the following pro rata charge:
$15.95 per lineal foot for each lineal foot of property being developed
east of and adjacent to Suncreek Boulevard.
$15.95 per lineal foot for each lineal foot of property being developed
west of and adjacent to Suncreek Boulevard.
SECTION S: 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.
I SECTION & 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 (mown the affected parts
would be held unconstitutional.
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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 fined in a sum of not more than five hundred
dollars ($500.00) for each offense; and each day such violation continues shall constitute a separate and
distinct offense.
SECTION 8: The fact that the present ordinances of the City of Allen are inadequate to protect its
citizens within the corporate limits of the City of Allen creates an emergency for the immediate
preservation of the public business, property, health, safety and general welfare of the public which
requires that this ordinance shall become effective immediately from and after 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 COUNCTLOF THE CITY OF ALIEN, TEXAS,
ONTHE 6TH DAY OF NOVEMBER .1997.
APPROVED:
Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST`.
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Ordinance No. 1597-11-97 Page 2
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