O-1517-8-97ORDINANCE NO. 1517-8-97
' AN ORDINANCE OF THE CITY OF ALIEN, COVIN COUNTY, TEXAS,
ESTABLISHING A PRO RATA CHARGE AS A PREREQUISITE TO
UTFIMNG THE CAPACITY OF A SPECIFIC SANITARY SEWER LINE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Allen (hereinafter called "City") is a Home Rule City with a Charter approved
by the voters of the City pursuant to Article II, Section 5 of the Texas Constitution; and,
WHEREAS, 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
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, Bon Terre (hereinafter called "Developer") was required to construct an "off-site" sanitary
sewer line (hereinafter called the "project") and has 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 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 project; and,
WHEREAS, the City Council finds 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 TIME 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 as if copied in full.
SECTION 2. 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 3: 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 Tatum Drive shall pay the
following pro rata charge:
$15.76 per lineal foot for each lineal foot of property being developed
east of Tatum Drive between McDermott Drive and the Watters
Crossing IE property line.
$15.76 per lineal foot for each lineal foot of property being developed
along Tatum Drive south of the Watters Crossing III south property
line for 2585 feet on both sides of Tatum Drive.
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.
SECnON5: 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 fr. Any person violating any of the provisions of this ordinance shall be deemed guilty of
a misdemeanor any 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 7- 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 ANDAPPROVED BY THE CITY COUNCILOF THE CITY OF ALLEN, TEXAS,
ONTHE 7TH DAYOF AUGUST 1997.
Step.
lienTernell, MAYOR
APPROVED AS TO FORM: ATTEST:
A. n r, CITY ATTORNEY Jully Mo n, CMC, CITY SECRETARY
OrdinanceNo. 1517-8-97 Page 2
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Exhibit "A", Ordinance No. 151741-97