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O-476-11-83H ORDINANCE NO. 476-11-83 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING ORDINANCE NO. 411-9-82 OF THE CITY OF ALLEN, TEXAS; PROVIDING FOR FEES FOR CAPITAL IMPROVEMENTS TO THE CITYS WATER AND SEWER SYSTEM; PROVIDING FOR COLLECTION OF SUCH FEES; PROVIDING FOR A PENALTY CLAUSE; A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City of Allen is a rapidly growing community, said growth including additional residential, commercial and industrial developments; and, WHEREAS, the City's water and sewer distribution and collection systems must be expanded to support the additional growth and to meet the standards of the Texas Department of Health and the State Board of Insurance; and, WHEREAS, the water and sewer distribution and collection system requires rehabilitation, emergency repairs and the construction of new facilities to insure safe and efficient systems for existing and future residents of the City; and, WHEREAS, the Allen City Council in considering these facts deem it necessary to adopt a water and sewer system capital improvement fee schedule to support the expansion, rehabilitation and emergency repair of the systems. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: SECTION 1. Ordinance No. 411-9-82 is hereby amended by adding Section 14: SECTON 14: CAPITAL IMPROVEMENT FEES. (a) A capital improvement fee must be paid to the City of Allen Water and Sewer System Fund before extension from or connection to the Allen utility system is allowed, as follows: TYPE OF DEVELOPMENT Single Family Residential Detached Single Family Residential Attached Mobile Homes Multi -Family, Apartments, Condo's Commercial, Industrial WATER SEWER $105 per unit $105 per unit $ 84 per unit $ 84 per unit $ 84 per unit $ 84 per unit $ 63 per unit $ 63 per unit $250 per acre $250 per acre Ordinance No. 476-11-83 - Page 1 (b) These capital improvement fees shall be due and payable prior to the release of the final plat for filing as required by the City's Subdivision Ordinance. (c) The funds generated by this fee schedule will be deposited into the water and sewer fund of the City of Allen to be used for capital improvements, debt service, rehabilitation, expansion and emergency repairs of the system. SECTION 2. Any person, firm or corporation who violates any provision of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined any sum not to exceed $200.00, and each and every day that such violation continues shall be construed to be a separate offense; provided, however, that nothing contained herein shall preclude the City of Allen from bringing suit for injunction for the prevention of any threatened violation or the removal of any structure in violation of this ordinance. SECTION 3. All provisions of Ordinance No. 411-9-82 of the City of Allen in effect prior to passage of this ordinance will remain in full force and effect. SECTION 4. If any paragraph, section, clause, phrase or provision of this ordinance shall be adjudged invalid by a court of competent jurisdiction, all other provisions of this ordinance will remain in full force and effect. DULY PASSED by the City Council of the City of Allen, Collin County, Texas, this the 17 t. h day of November , 1983. APPROVED: Uzi, • • M. B. Pierson, Mayor ATTEST: N\ ak-t- Marty Hendrix, Ci Secretary Ordinance No. 476-11-83 - Page 2