O-854-5-88ORDINANCE NO. 854-5-88
AN ORDINANCE OF THE CITY OF ALLEN, TEXAS, REPEALING
ORDINANCE NO. 555-10-84 AND ALL PREVIOUS ORDINANCES IN
CONFLICT; PROVIDING FOR THE RATES TO BE CHARGED FOR
WATER AND SEWER SERVICE; PROVIDING FOR COLLECTION OF
SUCH RATES; PROVIDING FOR THE DISCONNECTION OF SERVICE;
PROVIDING FOR WATER AND SEWER TAP RATES; PROVIDING FOR
PENALTY OF VIOLATION OF THIS ORDINANCE; PROVIDING FOR A
DEPOSIT FEE, AND INTEREST THEREON; PROVIDING FOR
TEMPORARY WATER AND SEWER CONNECTION FEE; PROVIDING
FOR A METER SETTING CHARGE; AND PROVIDING FOR A PENALTY
CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, a water and sewer rate study has been commissioned by and
presented to the Allen City Council which indicates that net revenues to the water and
sewer fund under the present rate structures will not be sufficient to produce the
revenues needed to finance proposed and necessary improvements to the water and
sewer system, support outstanding and authorized bond indebtedness, and to finance the
increasing costs of operating the water system; and,
WHEREAS, the City Council desires to change the rate structure in order to
reflect a movement away from the declining block structure which decreases the unit
cost of water as consumption increases; and,
WHEREAS, the Allen City Council desires to comply with the applicable
provisions of the laws, rules and regulations of state and federal agencies pertaining to
the establishment of rate schedules and to be in compliance with the City's bond
ordinances; and,
WHEREAS, after careful study and due consideration of the financial plan and
customer consumption profiles, the City Council of the City of Allen, Texas, has
determined that the public welfare would be best served by amending the present water
and sewer rate structure to insure that the utility system will be self-supporting.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ALLEN, TEXAS:
Ordinance No. 854-5-88 - Page 1
SECTION L WATER SERVICE CHARGES. There shall be charged and
collected each month by the City from the consumers of water service the amount of
money hereinafter set out, based upon the following rates:
A. The minimum monthly charges shall be based on the meter size and
shall be billed at the following rates which include the cost of
1,500 gallons of water:
For a 3/4" standard meter, service shall be.. $ 6.72
For a 1" meter, service shall be ................. $ 9.83
For a 1-1/2" meter, service shall be ........... $ 19.94
For a 2" meter, service shall be .................. $ 31.89
For a 3" meter, service shall be .................. $ 59.76
For a 4" meter, service shall be .................. $ 93.03
For a 6" meter, service shall be .................. $ 199.39
B. For larger consumption, the rate shall be billed as follows: $2.05
per thousand gallons for each thousand gallons of water or fraction
thereof used above that included in the minimum bill (1,500
gallons).
SECTION IL SANITARY SEWER CHARGES. There shall be charged and
collected each month by the City for sanitary sewer service the amounts of money
hereinafter set out based on the following rates:
A. The minimum monthly sewer charge for any user shall be $8.79
which shall be charged any user whose water consumption for the
month does not exceed 1,500 gallons.
B. For larger consumption, the monthly sewer rate shall be as follows:
The next 8,500 gallons of water, $0.47 per thousand gallons for all
separately metered single-family dwelling units and other dwelling
units separately metered for water. The maximum charge for
single-family residential sewer service shall be $12.79 per month.
C. All over 10,000 gallons of water, $0.47 per thousand gallons for
other than residential use, including mobile home parks, apartment
complexes, commercial and industrial customers.
Ordinance No. 854-5-88 - Page 2
D. All mobile home parks, apartment complexes, commercial and
industrial sewer customers shall be billed monthly on their total
volume of water consumption. Water used in a direct
manufacturing process or for irrigation purposes can only be
exempted from sewer charges upon request of and approval by the
City in writing.
SECTION III. LATE PENALTY AND SERVICE DISCONNECTION. That such
rates and charges hereby shall be mailed by the City of Allen and shall be due and
payable by the customers of the Waterworks and Sanitary Sewer System on the
fifteenth (15th) day after the billing date.
A. Should the amount due on the 15th day not be paid in full, a ten
percent (10%) penalty shall be added to the amount past due and
unpaid.
B. The City will issue a past due notice if payment has not been made
by the due date which will also serve as a notice of possible service
termination. The customer is subject to service discontinuation on
the eighth (8th) day after the bill comes due. The City is not
required to send additional notices other than the past due notice
in order to be authorized to discontinue service.
SECTION IV. RECONNECT FEE. 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 fee for reconnection
to the Waterworks System. The following fee schedule shall apply for reconnection
services:
During normal working hours ................................................. $ 10.00
After normal working hours, weekends and holidays ................. $ 20.00
SECTION V. BILLINGS AND ADJUSTMENTS. The Waterworks System shall
be operated on a fully metered basis, to be in accordance with contractual agreements
and bond indentures.
I
A. No free service shall be allowed, and to the extent the City or any
of its agencies or instrumentalities avail themselves of the services
Ordinance No. 854-5-88 - Page 3
and facilities provided by the Waterworks and Sanitary Sewer
System, they shall pay for them.
B. 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 partial payment for part
of such services, except in rare and unusual circumstances as
determined by the City Manager or his designated representative.
C. The City Manager or his designated representative has the
authority to make adjustments to individual customer bills or to
make payment arrangements when rare or unusual circumstances
justify such actions. These situations will be handled on a special
case basis and the City Manager's, or his designated
representative's, decision will be final.
D. The City shall remove a meter for testing at the request of a
customer if the meter is believed to be registering water
consumption in error. There shall be a charge of $20.00 for each
test. The fee shall be waived if the meter is found to be
over -registering. If the meter is determined to be
under -registering
or
if the
meter is replaced by
the
City for
whatever reason,
the
testing
fee shall still apply.
The
customer
shall receive a copy of the meter testing report upon receipt.
E. The customer shall be responsible for any water lost through
leakage on the customer's side of the meter regardless of reason
for such loss.
F. The City shall read meters on a regular monthly cycle
approximating an average usage of 30 days and bill the customer
based upon actual usage from the readings. However, the City may
use any estimation procedure required to approximate the actual
usage when the City cannot read the meters due to adverse
weather or an inability to read the meter because of brush or
vehicles covering the meter or for any other reason which prohibits
the meter readers from seeing the meter. The City is also
Ordinance No. 854-5-88 - Page 4
authorized to have meter reading periods vary from the 30 day
average length when computer billing problems occur or at such
time that the reading and billing cycles need to be adjusted to
better distribute the utility billing workload.
G. A fee of $10.00 shall apply to any returned check given to the City
,in payment of services.
SECTION VL DEPOSITS AND INTEREST. Before any customer, except as -
provided below, may obtain services from the Waterworks and Sanitary Sewer System,
said customer must have a deposit on hand with the City of Allen.
A. The deposit for all residential, commercial and industrial
customers shall be $50.00.
B. The following customers shall be exempt from a deposit: school
districts, county government offices, state and federal
governmental agencies. This exemption will also apply to
customers desiring temporary service under Section VII.
C. The City shall pay interest on customer deposits at a rate similar
to the money market checking account rates earned by the City
from the depository bank. The rate shall be five and twenty-five
one hundredths percent (5.25%) per annum beginning January 1,
1985. Interest shall be computed monthly by multiplying
one -twelfth (1/12) of the interest rate in effect by an amount
equal to the deposit on hand plus any accrued interest earned from
previous months. The rate may be adjusted up or down at any time
by filing a notice of rate change at a regular City Council meeting.
However, the City is not obligated to make changes to the rate
paid except on an annual basis, effective on January 1 of each
succeeding yar.
D. Said deposit and accrued interest computed through the last
monthly computation will be paid to the customer when final
service is rendered, providing that the final bill has been paid or
that there is a deposit balance remaining after the deposit has been
applied toward the final bill. No interest will be computed for the
Ordinance No. 854-5-88 - Page 5
period of time between the last calculation and the date of the
final bill.
SECTION VII. TEMPORARY SERVICE. There will be a temporary connection
fee of $15.00 for persons requiring service for seven (7) days or less. The temporary
connection service may be renewed in seven (7) day increments to a maximum of
twenty-eight (28) consecutive days. Water used in excess of 1,500 gallons will be billed
according to the schedules set out in Sections I and II of this Ordinance.
SECTION VIIL TAP FEE AND METER SETTING CHARGES. The tapping fee
and meter setting charge applicable to users of the City's Waterworks and Sanitary
Sewer System shall be as follows:
A. Water:
3/4 inch................................................................ $ 310.00
1 inch................................................................... $ 500.00
1-1/2 inch............................................................. $ 700.00
2 inch................................................................... $ 1,035.00
4 inch................................................................... $ 3,900.00
6 inch................................................................... $ 5,600.00
B. Sewer:
4 inch...................................................................
$
260.00
6 inch...................................................................
$
300.00
C. Tap fees must be paid prior to the beginning of any work. Any
additional work required beyond the normal tap work (such as
boring and street cutting) shall be computed by the City and paid
by the owner or developer.
D. There shall be a one-time meter setting charge to be charged and
collected upon the issuance of a building permit.
3/4" meter............................................................ $ 310.00
Larger than 3/4" meter .......................................... At Cost
SECTION IX. FIRE HYDRANT METERS. Any party requesting the use of a
temporary meter on a fire hydrant in the City of Allen must first receive permission
Ordinance No. 854-5-88 -Page 6
from the office of the Director of Public Works and must agree to the following
conditions:
A. A deposit with the City of Allen of $500.00 for a stationary meter
will be made. Such deposit will be returned upon payment of all
charges for water used and upon return of the meter, fittings and
wrench in their original condition. No interest will be computed on
the amount of the deposit to be paid to the customer.
B. Stationary meters shall be locked to fire hydrants at all times. An
initial installation and set-up fee of $20.00 will be charged, and a
service fee of $15.00 will be charged each time the meter is moved
to a different location at the customer's request..
C. It shall be unlawful for any person to open or close any fire hydrant
used to obtain water for any purpose with any tool or device other
than a standard fire hydrant wrench.
D. All stationary fire hydrant meters shall be read monthly at their
location in the field. All water used shall be billed at the rate then
in effect. Failure to make the meter available to be read each
month shall result in a penalty of $50.00 for each occurrence.
SECTION X. TAMPERING AND DESTRUCTION. No customer shall have the
right to tamper or alter any component of the Waterworks and Sanitary Sewer System
including valves, meters, meter boxes and lids, hydrants, lines, pump stations, ground
storage tanks and elevated storage tanks. This shall include the direct or indirect
efforts to restore water service without the assistance or approval of the City or any
effort to circumvent the intent of the City to not provide service for non-payment of
` charges.
SECTION XL PENALTY FOR VIOLATION OF THIS ORDINANCE.
Any
person, firm or corporation who violates any provision of this ordinance shall be deemed
guilty of a misdemeanor and upon conviction therefor shall be fined any sum not to
exceed Two Hundred Dollars ($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 municipality of bringing suit for injunction for the
prevention of any threatened violation or the removal of any structure in violation of
this ordinance.
Ordinance No. 854-5-88 - Page 7
SECTION XIL EFFECTIVE DATE AND CONFLICTS.
A. This ordinance and the rates and charges described shall be in
effect from the May 1, 1988 billing.
B. As of the effective date of this ordinance, any and all ordinances
and any orders in conflict are repealed to the extent of the
conflict.
C. If any paragraph, section, clause, phrase or provision of this
ordinance shall be adjudged invalid or held unconstitutional, the
same shall not affect the validity of this ordinance as a whole or
any part or provision thereof, other than the part so decided to be
invalid or unconstitutional.
DULY PASSED AND APPROVED by the Allen City Council on this 19th day
of May , 1988.
APPROVED AS TO FORM:
A. Don Crowder, City Attorney -
APPROVED:
� 741--fw��
Jq,efFarmer, Mayor
ATTEST:
M_ a�A-� ,
Marty Hendrix, CM , City Secretary
Ordinance No. 854-5-88 - Page 8
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally appeared R. WAYNE WEDGEWORTH, who having been by me duly
s\\ orn, on oath deposes and says:
That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not IeSS li'cyuently than once a
week, having a general circulation in said county, and having been published regularly and continuously for more than twelve months
prior to publishing
NOTICE OF PUBLIC HEARING - Water/Sewer Rates
of Nvnich We attached is a true and written copy, and which was published in THE ALLEN AMERICAN on
and which was issued on M 1 1988 )/the i tyi o f� A l l e
of Collin County, Texas. A printed copy of said publican is a c d her to.
SUBSCRIBED AND SWORN to before me this 13 t h I day of /June v A.D. 19 8 8
Publisher's fee S 18 . 00 Notary Public i and for Collin County, Texas
Evelyn E. Currie
Commission expire: 2/25/89
CITY OF -ALLEN, c
rL NOTICE OF, PUBLIC HEARING
' Notice is hereby given that th`eAllen City
Coucil will conduct a public hearing at their
regular meeting to be held ori Thursday,
May 19, 1988, at 7:30 p,rrf."in the Council"
Chambers of the'Allen Muni6pal'Adnex,
One Butler Circle, Allen, Texas, to consider j
i a proposed rate increase in the city's water,
r and -sewer rates < - a - -v' - I
Anyone wishing to speak either FOR or
AGAINST this proposal is invited to attend
this public hearing and voice their opinion.
For further.information, contact the City
Manager, City of Allen, One Butler Circle,
Allen, Texas, or byu telephoning 727-9171
or 424-7518 (metro). i I —
!{ I
Marty Hendrix, CMC
City Secretary
(TO BE PUBLISHED, N THE ALLEN
,AMERICAN ON SUNDAY, MAY 15,71988,
AND WEDNESDAY, MAY 18, 1988)
r CITY'OF ALLEN
( NOTICE OF PUBLIC HEARING 1
Notice is hereby given that the Allen City
Coucil will conduct a public hearing at their
regular meeting to.be-held,on Thursday,,
May 18, 1988, at -7:30 p:m. in the Council
Chambers of the•Allen Municipal, Annex,,
One Butler Circle, Allen, Texas, to consider,
a proposed rate increase iri the city's water
and sewer rates. .,
Anyone wishing to speak -either FOR or
AGAINST this proposal is, invited to attend,,
this public hearing and voice their opinion.,
For further information, contact the City
Manager, City of Allen, One -Butler Circle,
Allen; Texas, oe byu telephoning 727-9171'
or 424-7518 (metro). '
Marty Hendriz,`CMC,
' a.r,_ _ OCity�Secretaryi
(TO BE PUBLISHED IN THE ALLEN
AMERICAN ON SUNDAY, MAY 15,'1988
AND WEDNESDAY, MAY 18, 1988) ,�
JP AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE TIE, the undersigned authority, on this day personally appeared R. WAYNE NVEDGEWORTH, who havin; been by me duly
sNN orn, on oath deposes and says:
That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Tcxas, not ICSS li'educntly than once a
week, having a general circulation in said county, and having been published regularly and continuously for more than twelve months
prior to publishing
PUBLIC NOTICE - Ord. # 854-5-88
of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on
and which was issued on ,� by
of Collin County, Texas. A printed copy of said publicatiop/is atL ictj,/t,cret
N
SUBSCRIBED AND SWORN to before me this 1 3 t h day of tune A.D. 19 a
64.80 NoLtr ' Publi n and for Collin County, Tcxas
Publisher's fee s Evelyn ENICurrie
Commission expire: 2/25/89
r CITY OF ALLEN
PUBLIC NOTICE
Notice is hereby given. that the` followings That any person, firm or corporation vio-i
ordinances were adopted by the Allen City lating any of the provisions or terms of this
Council in their regular meeting held on ordinance; shall., be subject to.the same
Thursday, May 19, 1988 (Titles and Pen- penalty as provided for in Comprehensive
ally Clauses only):Zoning Ordinance No-829-11-87=of, the
Ordinance No. 854-5-88: An Ordinance City of Allen, as previously amerided; and
of the City of Allen, Texas, Repealing Ordi- upon conviction' shall be puriished by a fine]
nance No. 555-10-84 and all Previous Or- not to exceed"the sum of"One Thousand,
dinances in Conflict; Providing for the Dollars ($1,000.00),for each offense.
Rates to be Charged for Water and Sewer Copies of these ordinances maytie read'
Service; Providing for Collection of Such or purchased in the Office of the City Sec -
Rates; Providing for the Disconnection of retary, City of Allen, One Butler Circle, Al-,
Service; Providing for Water and Sewer len, Texas. _; ; .• t - ,
Tap Rates; Providing for Penalty of Viola-
tion of this Ordinance; Providing for a De- " '- "' ---'Marty-Hendrix, CMC
posit Fee, and Interest Thereon; Providing l - r T - City Secretary
for Temporary Water and'Sewer Connec', - =`
tion Fee; Providing for_ a_Meter Setting TO BE PUBLISHED%IN THE ALLEN
Ctiarge; and Providing rfor,-a.PenaltyAMERICAN ON WEDNESDAY, MAY 25,
Clause, 'a everabilitV Clause,and an Ef-1988, AND SUNDAY, MAY 29, 1988.
fective Date:
3 Penalty for. Violation of this Ordinance.
Any -person, firm or corporatiomwho vio=
lates .any, provision of this ordinance_shalli
be deemed'guilty of a misdemeanor and;
upon conviction therfor shall be,fined any
sum'not to e)&d6d'Two Hundred Dollars
($206.00) and each and every. day -that
such a,violation continues shall be, con-,
strued to be a"separate offense;'provided,
however; that nothing`doriiained-herein
shall preclude the•municipality'of bringing
suit for injunction for the prevention of.any
threatened violation or;the'removal of any
structure in violation of this ordinance.
Ordinance No. 855-5-88: An Ordinance
of the City of -Allen; Collin County, Texas,'
Amending :Comprehensive'Zoning Ordi-'
nance,N6.' 829-11,87,-Yas'Previously
Amended;-so`as oto Establish Permanent
Zoning, To -Wit: Food Plain - Planned De
velopment:R-2lNo.,47 �"FP-PD R-2 No:
47", on ,t i ,'Following-De§cribed.Tract of
Land: Approkimately.21:6•A6res: oi.land;
More or Less, Out of the Daniel Yeamani
Survey, Abstract 4e", 041 ' Collin County,
Texas; Providing for a Land Use Plan; Pro-
viding for, Review -and Aecommendatioris
on Preliminary' Plat of Property; Providing
for Execution of Facilities Agreement Prior
,to Approval'of-Final-Plat; Providing for'al
FPenalty of Fine Not,to Exceed the Sum of
One Thousand Dollars ($1,000.00) for
Each Offense; Providing for a Severability
,,_Clause; and Providing for the Effective
Date of Said Ordinance.. _
CITY OF ACL—EN--
PUBLIC NOTICE,,, ,
Notice is hereby given that the -following —THat any person, firm or corporation vio-
tordinances were adopted by the Allen City lating any of the provisions or terms of this
Council in'their regular meeting held on ordinance shall be subject. to the same
iThursday,-May 19,•1988 (Titles and Pen -,penalty as provided for In Comprehensive
alty Clauses only): , • ' .1. Zoning�Ordinance -No. 829 -1110, -.of the
Ordinance No. 854-5-88: An Ordinance City of Allen, as previously amended', and
Of the City of Allen, Texas, Ref5ealing Ordi- upon conviction shall be puniWTe7� ��7a fine
narice No:�555 10 84 and all Previou§ Or- not to exce'ed'the,sum, of One77housand
,"dinarices,m'donflict; Providing fo --the Dollars'($1',6b0:00)to( ebrchpffefig--.t'
Rates to be Ctiarged for,Water and,SeworE '°Cdpies'df th6b6 ordinances'r�r y read
Service; Providing Afor, Collection of Such' oP purchased in the Office bf t6i'C 1, Sec -
Rates; Providing for the Disconnectidri ofiretary, City of Allen, One BullervCircle,'AI-
SeNice;'Providing'for Water and Sewe�•len, Texas. ,r r •?
Tap Rates; Providing for Penalty bf Wiola -.R
tion di this Ordinance; Providing f6r`911)e- ' w
rfdrix CMC
posit Fee, and Interest Thereon; Providing {t r_� '° ,Ma�?Y„C ,Secretary
for Temporar� Water. and Sewer, Conhec- °- v
tion Fee; Providing for a Meter Setting.TO BE PUBLISHED IN THE ALLEN
Charge; and Prgvidirig for`,a P,enalty1AMERICAN ON WEDNESDAY, MAY 25,
Clause, a Severability Clause and an.Ef-
fective Date. 1988, AND SUNDAY, MAY 29, 1988.
-'- _
Penalty for Viol Ation'of this, Oedimince.
Any person, firm or corporation who vio-
lates any provision of this ordinance'shall
be deemed guilty of a'misdemeanor and
'upon convictioh therfor shall 'be'fined any
'sum not to exceed Two Hundred Dollars
k($200.00) and eadh and every day that
,such a violation continues shall be con-
Estrued to be a separate-offense;.provided,
however, that nothing contained herein
Fshall preclude the -municipality of bringing
suit for injunctiori for the'preventidn of any
threatened violation or the'removal of any
?structure in violation of this ordinance.
Ordinance No. 855-5-88: An Ordinance
of the City of Allen, Collin Courity,.Texas,
Amending Cbmprehehsive' Zoning Ordi-
nance:No.'829-11-87, as Previously
Amended,.so as to Establish Permanent
Zoning, To -Wit: Food Plain- Planned De-
ivelopment-R-2 No. 147, ,FP,-PDjR-2 No.
47", on the Following -Described Tract of
,Land: -Approximately 21,6 Acres of land,
,More;or Less„,Out of the Daniel Yeaman
Survey,,Abstract No. 1041; Colon County,
Texas; Providing for a Land Use Plan; Pro-
viding for Review and Recommendations
on'Preliininary Plat of'Property;'Providing
for Execution of Facilities Agreefngnt Prior
to Approval of Final Plat; Providing for a
Penalty of Fine Not to Exceed the Sum of
,One Thousand Dollars ($1,000.00) for
Each Offense; Providing 10r'a Severability
•Clause; and Providing for the Effective
Date of Said Ordinance.
t