O-193-8-76r]
i
CITY OF ALLEN, TEXAS, ORDINANCE NO. 193
AN ORDINANCE PRESCRIBING THE RATES TO BE CHARGED FOR
WATER AND SEWER SERVICES; PROVIDING FOR COLLECTION OF
SUCH RATES; PROVIDING FOR DISCONTINUANCE OF SERVICES;
PROVIDING FOR WATER AND SEWER TAP RATES; REPEALING ALL
ORDINANCES IN CONFLICT WITH; DECLARING AN EMERGENCY;
AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ALLEN, TEXAS:
SECTION 1: That the monthly rates or charges for services
furnished by the Waterworks and Sanitary Sewer System of said
City shall be as follows:
WATER RATES:
Residentia and Commercial
First T,500 gallons
Next 1,600 to 10,000 gallons
Next 10,100 to 20,000 gallons
Next 20,100 to 30,000 gallons
Over 30,000 gallons
SEWER RATES:
Residential and Commercial
(MONTHLY BILLING)
$4.00 (minimum)
1.40/M gallons
.90/M gallons
.75/M gallons
.50/M gallons
(MONTHLY BILLING)
$5.50 flat rate
Should a commercial use of water exceed 10,000 gallons,
then in such event, an additional charge of 25 cents per
t
thousand gallons or any part thereof, in excess of such ; f•,,
10,000 gallons shall be added to the flat sewer rate.
SECTION 2: That such rates and charges hereby shall
be mailed by the City of Allen on the 1st day of each month,
and shall be due and payable by the customers of the Waterworks
and Sanitary Sewer System on the 10th day of each month.
Should the amount due upon the 10th day not be paid in full
a ;ten -per"cent (io%) penalty ,shallibe added to the_amount_ past• due' and unpaid.
Shoup. the amount - due not belpaid by.lthe' 14th_d.ay ""of�"the, month,,Iservice shall
be discontinued. �_ ' _ t_1 �a�
SECTION 3: The City shall simultaneously collect the
respective amounts due the City for services supplied by the
Waterworks and Sanitary Sewer System, and shall refuse to
accept payment for a part of such service, unless the entire
I
amount due from such respective customer for all services supplied by
such Waterworks and Sanitary Sewer System is paid.
SECTION 4: Should service be discontinued to any user or customer
herein and the amount past due and delinquent be paid thereafter, such
service may be resumed, but there shall be charged and collected a $5.00
fee for reconnection to the Waterworks System. There shall also be an
additional $5.60 fee for r`ecotnection to the Waterworks"System after
regular City Hall working hours. The reconnection charge for sewer
services shall be not less than the actual cost to the._City for disconnecting
and reconnecting sewer service.
SECTION 5: That no free service shall be allowed, and to the
extent the _City �or-any of -its agencies or instrumentalities avail them-
_ �
selvesofthe services a d -facilities provided by the Waterworks and
Sanitary Sewer System, they shall pay therefor the same rates and charges
herein prescribed.
SECTION 6: Before any customer may obtain services from the Water-
works y and-SanitarS we er System said customer must have on deposit with
the City of Allen $15.00. Said deposit shall be returned when final service
is rendered.
SECTION 7: The tapping fee applicable to users of the City's
Waterworks and Sanitary Sewer System shall be as follows:
WATER
$
125.00
3%4 inch -
$
180.00
1 inch -
$
295.00
1 1/2 inch -
$
410.00
2 inch -
$
605.00
4 inch -
$
2,305.00
6 inch -
$
32300.00
SEWER
4 inch -
$
125.00
6 inch -
$
140.00
SECTION 8: The Waterworks System shall be operated on a fully
metered basis.
SECTION •A1: This ordinance and the rates and charges
herein prescribed shall be in effect from theC-September 1,
1976 bi-'lling� 1 As of the effective date- of this -ordinance_ any_ and , all
ordinances, resolutions -and -any orders inL dorrfilict�-hezaew3th,are`repealed`
to 'th'e' extent on tlie' conf-lictl. �--1-11-c
SECTIONio: The fact this ordinance should be adopted
at this time to provide an orderly transition in charges fore' y
services supplied by the water and sewer system of the City
creates an emergency and an urgent public necessity requiring
that this ordinance be passed and take effect as an emergency
measure, and that any rule requiring ordinances to be read
more than one time or at more than one meeting be suspended,
and any such rule is hereby suspended and this ordinance is
accordingly passed as an emergency m✓ asure and shall take
effect and be in force immediately from and after its passage.
PASSED AND APPROVED, this the day of
1976.
Mayor, City of Allen, T a
ATTEST:
;; � , I �'; e, / 112� -
City Secretary
MiNANCE oto. 193 A
ORDINANCE AUTHORIZING THE ISSUANCE OF $500,000
"CITY OF ALLEN, TEXAS, GENERAL OBLIGATION
BONDS, SERIES 1976",
DATED MAY 1, 1976
THE STATE OF TEXAS §
COUNTY OF COLLIN §
CITY OF ALLEN §
ON THIS, the day of April, 1976, the City Council of
the City of Allen, Texas, convened in special session at the
regular meeting place thereof in the City Hall, the meeting
being open to the public and notice of said meeting having
been given as prescribed by Article 6252-17, Section 3A,
V.A.T.C.S., there being present and in attendance the following
members, to wit:
FRANK DUGGER MAYOR
MRS. EILEEN TOLLETT ) ALDERWOMAN
CHARLES CHANDLER )
_ ) ALDERMEN
H. C. BROOKS, JR. )
ROBERT LOWMAN )
and with the following absent: Mickey Pierson
constituting a quorum; and among other proceedings had were they
following:
full. The Mayor introduced a proposed ordinance which was read in
Alderman Robert Lowman made a motion that any rule requiring
ordinances to be read more than one time or at more than one meet-
ing be suspended. The motion was seconded by Alderman H.C. Brooks, J
and carried by the following vote:
AYES: Alderwoman Tollett, and Aldermen Chandler,
Brooks and Lowman.
NOES: None.
Alderman Robert Lowman then made a motion that the ordind n
be passed finally. The motion was seconded by Alderman Chas.
and carried by the following vote:
AYES: Alderwoman Tollett, and Aldermen Chandler,
Brooks and Lowman.
NOES: None.
The Mayor announced that the ordinance had been finally
passed.
The ORDINANCE is as follows:
i
M�
BOND NUMBERS
(All Inclusive) MATURITY AMOUNT RATE
1
to
3
1977
$ 15,000
7.00 %
4
to
6
1978
15,000
7.00/o
7
to
9
1979
15,000
7.00
10
to
12
1980
15,000
7.00 7.
13
to
16
1981
20,000
7.00
17
to
20
1982
20,000
7. %
21
to
24
1983
20,000
7.50 %
25
to
28
1984
20,000
7.50 7.
29
to
33
1985
25,000
7.50 —7.
34
to
38
1986
25,000
7.50
39
to
43
1987
25,000
7.75
44
to
48
1988
25,000
7.75/o
49
to
53
1989
25,000
7.75 %
54
to
59
1990
30,000
7.75 7.
60
to
65
1991
30,000
7.75/o
66
to
71
1992
30,000
7.75 %
72
to
78
1993
35,000
5
79
to
85
1994
35,000
7.75
86
to
92
1995
35,000
7.75 7.
93
to
100
1996
40,000
7.75
SECTION 3: That said bonds shall bear interest from date to
maturity at the per annum rates shown above, such interest to be
evidenced by proper coupons attached to each of said bonds and
said interest shall be payable on November 1, 1976, and semiannuall
thereafter on May 1 and November 1 in each year.
SECTION 4: That both principal of and interest on said bonds
shall be paya le in lawful money of the United States of America,
without exchange or collection charges to the owner or holder,
at the MERCANTILE NATIONAL BANK AT DALLAS, Dallas, Texas, upon
presentation and surrender of bonds or proper coupons.
SECTION 5: That the seal of said City may be impressed on
each of said bonds or, in the alternative, a facsimile of such
seal may be printed on the said bonds. The bonds and interest
coupons appurtenant thereto may be executed by the imprinted fac-
simile signatures of the Mayor and City Secretary of the City, and
execution in such manner shall have the same effect as if such
bonds and coupons had been signed by the Mayor and City Secretary
in person by their manual signatures. Inasmuch as such bonds are
required to be registered by the Comptroller of Public Accounts
for the State of Texas, only his signature (or that of a deputy
designated in writing to act for the Comptroller) shall be require
to be manually subscribed to such bonds in connection with his
registration certificate to appear thereon, as hereinafter pro-
vided, all in accordance with the provisions of Article 717j-1,
V.A.T.C.S.
SECTION 6: That the form of said bonds shall be substantiall
as follows:
NO. UNITED STATES OF AMERICA $5,000
STATE OF TEXAS
COUNTY OF COLLIN
CITY OF ALLEN, TEXAS, GENERAL OBLIGATION
BOND, SERIES 1976
The CITY OF ALLEN, a municipal corporation of the State of
Texas, acknowledges itself indebted to and, FOR VALUE RECEIVED,
hereby promises to pay to bearer, without right of prior redemp-
tion, the sum of
FIVE THOUSAND DOLLARS
($5,000), in lawful money of the United States of America, on
the FIRST DAY OF MAY, 19 , with interest thereon from the date
hereof to maturity at the rate of PER CENTUM ( %)
per annum, payable on November 1, 1976, and semiannually there-
after on May 1 and November 1 in each year, and interest falling
due on or prior to maturity hereof is payable only upon presenta-
tion and surrender of the interest coupons hereto attached as
they severally become due.
BOTH PRINCIPAL OF and interest on this bond are hereby made
payable at the MERCANTILE NATIONAL BANK AT DALLAS, Dallas, Texas,
without exchange or collection charges to the owner or holder,
and for the prompt payment of this bond and the interest thereon
at maturity, the full faith, credit and resources of the City
of Allen, Texas, are hereby irrevocably pledged.
THIS BOND is one of a series of One Hundred (100) serial
bonds, numbered consecutively from One (1) through One Hundred
(100), each in denomination of Five Thousand Dollars ($5,000),
aggregating FIVE HUNDRED THOUSAND DOLLARS ($500,000), issued for
the purpose of the construction and improvement of the streets
of said City, including drainage incidental thereto, under
authority of the Constitution and laws of the State of Texas, and
pursuant to an ordinance duly adopted by the City Council of the
City of Allen, Texas, and duly recorded in the Minutes of said
City Council.
IT IS HEREBY CERTIFIED, RECITED AND REPRESENTED that the is-
suance of this bond and the series of which it is a part is duly
authorized by law and by authority expressly conferred at an elec-
tion held for that purpose within said City; that all acts, condi-
tions and things required to be done precedent to and in the
issuance of this series of bonds and of this bond have been proper.
ly done and performed and have happened in regular and due time,
form and manner as required by law; that sufficient and proper
provision has been made for the levy and collection of taxes
which, when collected, shall be appropriated exclusively to the
payment of the interest coupons thereto annexed as the same shall
become due; and that the total indebtedness of the City of Allen,
Texas, including the entire series of bonds of which this is one,
does not exceed any constitutional or statutory limitation.
IN TESTIMONY WHEREOF, the City Council of the City of Allen,
Texas, has caused the seal of said City to be impressed or a
facsimile thereof to be printed hereon, and this bond and its
appurtenant coupons to be executed with the imprinted facsimile
signatures of the Mayor and City Secretary of said City, in
accordance with the provisions of Article 717j-1, V.A.T.C.S.;
the date of this bond, in conformity with the ordinance above
referred to, being the 1ST DAY OF MAY, 1976.
Mayor, City of Allen, Texas
COUNTERSIGNED:
City Secretary, City of Allen, Texas
AN ORDINANCE by the City Council of the City of
Allen, Texas, authorizing the issuance of
$500,000 "CITY OF ALLEN, TEXAS, GENERAL OB-
LIGATION BONDS, SERIES 1976", dated May 1,
1976, for the purpose of the construction
and improvement of the streets of said City,
including drainage incidental thereto; pre-
scribing the form of the bonds and the form
of the interest coupons; levying.a continuing
direct annual ad valorem tax on all taxable
property within the limits of said City to
pay the interest on said bonds and to create
a sinking fund for the redemption thereof
and providing for the assessment and collec-
tion of such taxes; enacting provisions inci-
dent and relating to the subject and purpose
of this ordinance; and declaring an emergency.
WHEREAS, as the result of an election held in the City of
Allen, Texas, on the 3rd day of April, 1976, the City Council
of said City became authorized and empowered to issue $500,000
general obligation bonds of the City to mature serially over a
period of years not to exceed forty (40) years from their date,
to be issued and sold at any price or prices and to bear interest
at any rate or rates as shall be determined within the discretion
of the City Council, for the purpose of the construction and
improvement of the streets of said City, including drainage in-
cidental thereto; and
WHEREAS, the City Council now considers it necessary and
advisable to proceed with the issuance of all the bonds authorized
at the election as aforesaid, it having been determined that the
City Council, acting for and on behalf of the City of Allen,
is in all respects duly and legally empowered in that regard;
now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN:
SECTION 1: That the bonds of said City, to be known as
"CITY OF ALLEN, TEXAS, GENERAL OBLIGATION BONDS, SERIES 1976
be and the same are hereby ordered to be issued in the principal
sum of FIVE HUNDRED THOUSAND DOLLARS ($500,000), for the purpose
of the construction and improvement of the streets of said City,
including drainage incidental thereto, under and by virtue of the
Constitution and laws of the State of Texas.
SECTION 2: That said bonds shall be numbered consecutively
from One through One Hundred (100); shall each be in denomina-
tion of Five Thousand Dollars ($5,000), aggregating the sum of
FIVE HUNDRED THOUSAND DOLLARS ($500,000); shall be dated May 1,
1976; and shall become due and payable serially, without right
of prior redemption, on May 1 in each of the years and bear interesl
at the per annum rates in accordance with the following schedule:
SECTION 7: That the form of interest coupons attached to
each of said onds shall be substantially as follows:
NO. ON THE FIRST DAY OF
19
the CITY OF ALLEN, a municipal corporation of the State of Texas,
hereby promises to pay to bearer, at the MERCANTILE NATIONAL
BANK AT DALLAS, Dallas,.Texas, without exchange or collection
charges to the owner or holder, the sum of
DOLLARS
($ ), in lawful money of the United States of America, said
sum ing months' interest due that day on "CITY OF ALLEN,
TEXAS, GENERAL OBLIGATION BOND, SERIES 1976", dated May 1, 1976.
Bond No.
City Secretary Mayor
SECTION 8: That the following certificate shall be printed
on the back of each bond:
OFFICE OF COMPTROLLER
REGISTER NO.
STATE OF TEXAS
I HEREBY CERTIFY that there is on file and of record in my
office a certificate of the Attorney General of the State of
Texas to the effect that this bond has been examined by him as
required by law, and that he finds that it has been issued in
conformity with the Constitution and laws of the State of Texas,
and that it is a valid and binding obligation upon said City of
Allen, Texas, and said bond has this day been registered by me.
WITNESS MY HAND AND SEAL OF OFFICE at Austin, Texas,
Comptroller of Public Accounts o
the State of Texas
SECTION 9: That to provide for the payment of the debt
service requirements on the said bonds, being (i) the interest
on said bonds and (ii) a sinking fund for their redemption at ma-
turity or a sinking fund of 2% (whichever amount shall be greater)
there shall be and there is hereby levied for the current year
and each succeeding year thereafter while said bonds or interest
thereon shall remain outstanding and unpaid, a sufficient tax on
each one hundred dollars' valuation of taxable property in said
City, adequate to pay such debt service requirements, full allow-
ance being made for delinquencies and costs of collection; said
tax shall be assessed and collected each year and applied to the
payment of the said debt service requirements, and the same shall
not be diverted to any other purpose. The taxes so levied shall
be paid into a fund known as "SPECIAL GENERAL OBLIGATION BOND
FUND, SERIES 1976", which is hereby established for the payment
of the obligations herein authorized. The City Council hereby
declares its purpose and intent to provide and levy a tax legal-
ly and fully sufficient for such bonds, it having been determined
that the existing and available taxing authority of the City for
such purpose is adequate to permit a legally sufficient tax in
consideration of all other outstanding obligations.
SECTION 10: That the Mayor of said City shall be and he
is hereby authorized to take and have charge of all necessary
orders and records pending investigation by the Attorney General
of the State of Texas, and shall take and have charge and con-
trol of the bonds herein authorized pending their approval by
the Attorney General and their registration by the Comptroller
of Public Accounts.
SECTION 11: That the sale of the bonds herein authorized
to SCHN IDER, BERNET & RICKMAN, INC., at the price of par and
accrued interest to date of delivery, is hereby confirmed.
Delivery of the bonds shall be made to said purchasers as soon
as may be after the adoption of this ordinance, upon payment
therefor in accordance with the terms of sale.
z SECTION 12: The purchasers' obligation to accept delivery
of the bonds erein authorized is subject to their being fur-
nished a final opinion of Messrs. Dumas, Huguenin, Boothman and
Morrow, Attorneys, Dallas, Texas, approving such bonds as to
their validity, said opinion to be dated and delivered as of the
date of delivery and payment for such bonds. Printing of a true
and correct copy of said opinion on the reverse side of each of
such bonds, with appropriate certificate pertaining thereto exe-
cuted by facsimile signature of the City Secretary of the City of
Allen, Texas, is hereby approved and. authorized.
SECTION 13: CUSIP numbers may be printed on the bonds here-
in autt ri— zed, It is expressly provided, however, that the
presence or absence of CUSIP numbers on the bonds shall be of no
significance or effect as regards the legality thereof and
neither the City nor attorneys approving said bonds as to legality
are to be held responsible for CUSIP numbers incorrectly printed
on the bonds.
SECTION 14: That the City hereby covenants that the pro-
ceeds from the—sale of said bonds will be used as soon as practi-
cable for the purpose for which said bonds are issued; that such
proceeds will not be invested in any securities or obligations
except for the temporary period pending such use; and that such
proceeds will not be used directly or indirectly so as to cause
all or any part of said bonds to be or become "arbitrage bonds"
within the meaning of Section 103(d) of the Internal Revenue Code
of 1954, as amended, or any regulations or rulings prescribed or
made pursuant thereto.
SECTION 15: The public importance of this measure and the
fact that it is to the best interest of the City to provide funds
for the improvements herein contemplated at the earliest possi-
ble date constitute and create an emergency and an urgent public
necessity, requiring that any rule providing for ordinances to
be read and voted upon at more than one meeting of the City Coun-
cil be suspended, and requiring that this ordinance be passed
and take effect as an emergency measure, and such rules and pro-
visions are accordingly suspended, and this ordinance is passed
as an emergency measure and shall take and have effect and be in
full force from and after its passage.
PASSED AND APPROVED, this the 6?74 April, 1976.
yor, it o exas
ATTEST-
CityvSe6rtfary, Ci y of Allen, Texas
(City Seal)