O-447-8-83ORDINANCE NO. 447-8-83
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, ESTABLISHING A PRO RATA CHARGE AS A
PREREQUISITE TO UTILIZING THE CAPACITY OF A SPECIFIED
SANITARY SEWER LINE; PROVIDING A SEVERABILITY; PROVIDING A
PENALTY AND DECLARING AN EMERGENCY.
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 all of the powers of local self government contained in
its Charter and in the applicable state statutes; and,
WHEREAS, the City has the power and authority to provide a sanitary sewer
system and require property owners to pay reasonable charges for utilizing the capacity
of said sanitary sewer system; and,
WHEREAS, the City has the power and authority to enter into contracts relating
to the construction of a sanitary sewer system and to effectuate reasonable charges;
and,
WHEREAS, the City, pursuant to the Subdivision Ordinance and the applicable
state law, 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 does find that certain additional costs were incurred
to increase the capacity of said line to serve adjacent properties; and,
WHEREAS, the City Council does find that the charges hereinafter set forth as
pro rata charges for parties desiring to utilize the line's capacity are fair and
reasonable;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ALLEN, TEXAS:
Ordinance No. 447-8-83 - Page 1
SECTION 1. That 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 line is north and adjacent to FM 2170,
east of Allen High School and west of Allen Heights Drive and is more specifically
described in Exhibit "A" attached hereto and made a part hereof for all purposes.
SECTION 3. It is hereby determined that a reasonable, fair and equitable basis
for pro rata charges for parties utilitizing the subject line is on a lot basis. The Council
finds that the per -lot pro rata charge for any party, owner or developer filing
application to utilize any capacity of the sanitary sewer line shall be $1,000.00 per lot.
SECTION 4. The total pro rata charge is computed by multiplying the
applicable per -lot charge times the number of lots to be served by the line. 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 treatment of sewage.
SECTION 5. Severability. If any part or portion of this ordinance is held to
be invalid or unconstitutional by a Court of competent jurisdiction, such holding shall in
no way affect or invalidate the remaining portions hereof not so held invalid or
unconstitutional.
SECTION 6. Penalty. Any person violating any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall
be fined $1.00 to $200.00. Each day such violation continues shall constitute a separate
and distinct offense.
SECTION 7. Emergency. 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 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 COUNCIL OF THE CITY OF
Ordinance No. 447-8-83 - Page 2
ALLEN, TEXAS, on this 4th day of August , 1983.
APPROVED:
M. B. Pierson, Mayor
ATTEST:
Marty Hendrix, Cit 6secretary
APPRO %TOFORM:
Don Attorney
Ordinance No. 447-8-83 - Page 3
ATTACHMENT TO ORDINANCE NO. 447-8-83, adopted 8/4/83
EXHIBIT "A"
SITUATED in the City of.Allen, Collin County, Texas, out of
the Peter Wetsel Survey, Abstract No. 990 and being a part
of a 8.38 acre tract conveyed by S.A.M. V, a Texas Limited
Partnership, to Metrotex Properties, Inc. as recorded in
Volume 1022, Page 47 of the Collin County Deed Records, and
being more particularly described as follows:
COMMENCING at an iron rod in the easterly R.O.W. line of
State Highway No. 5, said rod being the northwest corner of
the Allen Independent School District tract as recorded in
Volume 553, Page 307 and Volume 567, Page 138 of the Collin
County Deed Records. Thence S. 89 deg. 25' E, 510.00 feet
to a point;
THENCE S O1 deg. 00' W, 961.48 feet to a point; Thence N 89
deg. 53' E, 775.07 feet to an iron rod for the place of
beginning;
THENCE N 89 deg. 53' E, 125.00 feet along the north line of
said 8.38 acre tract to a point for corner therein;
THENCE S 0 deg. 59' 12" W, 359.33 feet to a point for corner
in the south line of the said 8.38 acre tract and in the north
R.O.W. line of F.M. Hwy. No. 2170;
THENCE N 89 deg. 25' W, 125.00 feet along the north line of
the said F.M. Hwy. No. 2170 and the south line of the said
8.38 acres to a point for corner therein;
THENCE N 0 deg. 59' 24" E, 357.80 feet to the Place of Beginning
and containing 1.029 acres of land, more or less.
COMMENCING at an iron rod in the easterly R.O.W. line of State
Highway No. 5, said rod being the northwest corner of the Allen
Independent School District tract as recorded in Volume 553,
Page 307, and Volume 567, Page 138 of the Collin County Deed
Records.
THENCE S 89 deg. 25' E, 510.00 feet to a point; Thence S O1
deg. 00' W, 961.48 feet to a point; Thence N 89 deg. 53' E,
425.07 feet; Thence S Odeg. 59' 48" W 184.74 feet to an iron
rod found in place at the Place of Beginning,
THENCE N 89 deg. 53' E, 100.00 feet along the north line of
the said 8.38 acre tract to a point for corner therein;
THENCE S 0 deg. 59' 48" W, 170.00 feet to a point for corner
in the south line of the said 8.38 acre tract and in the north
R.O.W. line of F.M. No. 2170;
THENCE N 89 deg. 25' W, 100.00 feet along the north line of
the said F.M. No. 2170 and the south line of the said 8.38
acres to the southwest corner thereof;
r
THENCE N O1 deg. 00' E, 170.00 feet along the west line of the
said 8.38 acres to the place of beginnings.
ATTACHMENT TO ORDINANCE NO. 447-8-83, adopted 8/4/83
"EXHIBIT A"
COMMENCING at an iron rod in the easterly R.O.W. line of
State Highway No. 5; said rod being the northwest corner of
the Allen Independent School District as recorded in Volume
553, Page 307 and Volume 567, Page 138 of the Collin County
Deed Records;
THENCE S 89 deg. 25' E, 510.0 feet to a point;
THENCE S O1 deg. 00' W, 961.48 feet to a point;
THENCE N 89 deg. 53' E, 652.07 feet to a point;
THENCE S 0 deg. 59' 36" W, 151.43 feet to a point for the
Place of Beginning;
THENCE N 89 deg. 25' W, 125.00 feet to a point;
THENCE S 0 deg. 59' 48" E, 15.00 feet to a point;
THENCE N 89 deg. 53' E, 125.00 feet to a point;
Page 2
THENCE N 0 deg. 59' 36" W, 15.00 feet to the Place of Beginning.
COMMENCING at an iron rod in the easterly R.O.W. line of State
Highway No. 5, said rod being the northwest corner of the Allen
Indpendent School District tract as recorded in Volume 553,
Page 307 and Volume 567, Page 138 of the Collin County Deed
Records. Thence S 89 deg. 25' E, 510.00 feet to a point;
Thence S O1 deg. 00' W, 961.48 feet to a point; Thence N 89 deg.
53' E, 425.07 feet to a point; Thence S 0 deg. 59' 48" W,
184.74 feet to an iron rod found in place at the Place of
Beginning.
THENCE N 89 deg. 53' E, 100.00 feet along the north line of
the said 8.38 acre tract to a point for corner therein;
THENCE S 0 deg. 59' 48" W, 170.00 feet to a point for corner
in the south line of the said 8.38 acre tract and in the north
R.O.W. line of F.M. No. 2170;
THENCE N 89deg. 25' W, 100.00 feet along the north line of
the said F.M. No. 2170 and the south line of the said 8.38
acres to the southwest corner thereof;
THENCE N O1 deg. 00' E, 170.00 feet along the west line of
the said 8.38 acres to the place of beginning.
AFFIDAVIT AND PROOF OF PUBLICATION
HE STATE OF TEXAS
OUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally appeared JACK R. STEIN, who having been
by me duly sworn, on oath deposes and says:
That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less fre-
Iuently than once a week, having a general circulation in said county, and having been published regularly and con-
tinuously for more than twelve months prior to publishing
y y--7 - W -
A which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on
d which was issued on 1�k 9---,Zl , by C
Collin County, Texas. A printed copy of said publication is attached
V
IBSCRIBED AND SWORN to before me this )I day of
Notary Public in;for Collin County, Texas
blisher's Fee $ OG
`
rjITY OF ALLEN
NOTICE
�HlCITY
OF ALLEN
PUBLIC NOTICE
;PUBLIC
Th,e�followryfg or
dib
The following or-
f
--..P—iwasrarl0pted
the'AllenDjty-Council i
finance was adopted by
inAllen
a Iregular session held o
l�'
he City Council in
Thursday, August 4, 198�
regular session held on
'hursday,
Y
(Tale and Penalty Claus
August 4, 1983
title Penalty Clause
l
only.)
and
Ordinance No
nly)
447.8.83: An Ordinanc
Ordinance No.
�
of',the City Council of th
4Ordi : An Ordinance
I
City;ntyl Allen, Colli
f the City Council of the
County; Texas
pity of Allen, Collin
3
Establishing a Pro Rat
;ounty, Texas,
Charge'as a Prerequisit
stablishing a Pro Rata
UtlSpec the Ca acit
;harge as,a Prerequisite
Utllizing'.the Capacity
ofxto
Specified nita
I a Specified ;Sanitary
Providing
Sewer Lire; Providing
Sea
Severability Clause; Pro
ewer Line; Providing a
viding�; Penalty an
everabllity,Clause; Pro
Declaring an Emergency
iding a , Penalty and
ieclaring an Emergency.
I
Any person violatin
Any person violating
ny of the provisions of
any of the provisions o
this ordinance shall b
its ordinance shall be,
deemed-t,guilty of
rYiisdemeanor,�and upo
eemed guilty of a
ilsdemeanor, and upon
c6iiyiction�1heie6f,',shal
onviction thereof, shall
be fined $1.00 to $200.00
Each day `such-violatio
e fined $1.00 to $200.00.
ach day such violation,
continues shall con
ontinues shall con-
stitute a separate an
distinct offense.
titute a separate and
istinct offense.
-iCopies of this or
Copies of this or-
I,dinance may be read o
purchased In the Office'
inance may be read or'
urchased In the Office-
:of, the City Secretary,
f the City Secretary,
Allen Municipal Annex, 1
,lien Municipal Annex, 1
Butler Circle, Allen,
utler Circle, Allen,
Texas.
exas.
Marty Hendrix,
Marty Hendrix,
) City Secretary
City Secretary
(Published Inijhe Allen
)ublished In.The Allen
Americen-%gn,, Mon_ day,
n4ricanv on•' Monday,
August ,-,8,;*1983 : and
ugust %8 "_1983
Thur sday�Auyust' • 11,
_"and
hursday:i August ,11,•_
1983).
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