O-628-9-85ORDINANCE NO. 628-9-85
AN ORDINANCE OF THE CITY OF ALLEN ESTABLISHING A PRO
RATA CHARGE AS A PREREQUISITE TO UTILIZING THE CAPACITY
OF SPECIFIED WATER LINE; PROVIDING A SEVERABILITY;
PROVIDING A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE
OF THIS ORDINANCE.
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 water system and
require property owners to pay reasonable charges for utilizing the capacity of said
water system; and,
WHEREAS, the City has the power and authority to enter into contracts relating
to the construction of a water system and to effectuate reasonable charges; and,
WHEREAS, the "City" and Belz Investment Company, Inc. "Developer", a
Tennessee Corporative, entered into an agreement on February 14, 1983, to construct a
water line, hereinafter collectively called the "Line" and to provide for assessment of
Pro Rata charges for parties utilizing any capacity of said line; and,
WHEREAS, the City, pursuant to the subdivision ordinance and the applicable
state laws 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 the charges hereinafter set forth Pro
Rata charges for parties desiring to utilize the line's capacity are fair, reasonable and
based on cost:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ALLEN, TEXAS:
Ordinance No. 628-9-85 - 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 shown on the attached Exhibit
"A". The subject line has been constructed to serve the area contiguous to the line.
SECTION 3. It is hereby determined that a reasonable, fair and equitable basis
for Pro Rata charges for parties utilizing the subject line is as follows:
A. Any Party, Owner or Developer filing an application to utilize any capacity
of the line wherein the property sought to be developed is contiguous to the
line shall pay the following as Pro Rata charge:
$29.69 per lineal foot for each lineal foot of the line located
contiguous to property being developed.
B. In addition to the per lineal foot charge, the accrued interest from
December 31, 1984, will be calculated at 12.5% on the total lineal foot
amount due on the date invoiced.
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 water.
SECTION 5. 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. 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. 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,
Ordinance No. 628-9-85 - Page 2
health, safety and general welfare of the public which requires that this Ordinance shall
become effetive 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 by the City Council of the City of Allen, Collin County, Texas,
this the 5th day of September 1985.
APPROVED:
ATTEST:
Mot
Marty Hendrix, Cit Secretary
APPROVED AS TO FORM:
A. on er, City Attorney
Ordinance No. 628-9-85 - Page 3
r
ATTACHMENT TO ORDINANCE NO. 628-9-85
CITY OF ALLEN
COLLIN COUNTY, TEXAS EXHIBIT "A°
health, safety and general welfare of the public which requires that this Ordinance shall
become effetive 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 by the City Council of the City of Allen, Collin County, Texas,
this the 5th day of September , 1985.
APPROVED:
Donald P. Rodenbaugh, Mayor
ATTEST:
maai- AA
Marty Hendrix, Citz Secretary
APPROVED AS TO FORM:
• A. on er, City Attorney
U J
ATTACHMENT TO ORDINANCE NO. 628-9-85
CITY OF ALLEN
COLLIN COUNTY, TEXAS EXHIBIT "A"
LEGEND
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