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O-1201-9-93ORDINANCE NO. 1201-9-93 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, PROVIDING FOR THE ESTABLISHMENT OF A SCHEDULE OF DRAINAGE CHARGES FOR THE "ALLEN MUNICIPAL DRAINAGE UTILITY SYSTEM" LEVIED AGAINST ALL REAL PROPERTY WIT[E N THE CITY OF ALLEN, TEXAS, SUBJECT TO SUCH CHARGES UNDER SECTION 402.041, ET SEQ., SUBCHAPTER C OF CHAPTER 402 OF THE TEXAS LOCAL GOVERNMENT CODE, PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN DATE. WHEREAS, pursuant to Subchapter C of Chapter 402 of the Local Government Code, known as the "Municipal Drainage Utility Systems Act" (the "Act"), the City Council of the City of Allen, Texas (the "City") has established a schedule of drainage charges against all real property in the proposed service area subject to charges under this subchapter; and, WHEREAS, the City will provide drainage for all real property in the proposed service area on payment of drainage charges, except real property exempted under this subchapter; and, VAIEREAS, the City will offer drainage service on nondiscriminatory, reasonable, and equitable terms; and, WHEREAS, the City has satisfied the procedural requirements established by the Act as conditions precedent to the adoption of this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNC71L OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS THAT. SECTION 1: The following schedule of drainage charges is hereby levied against all real property lying within the City of Allen, Texas, subject to drainage charges under Subchapter C of Chapter 402 of the Texas Local Government Code: A. Residential Property 1. Single Family Zoned Property a. Base Flat Rate Charge (1) Property zoned and developed for townhouse use under TH Townhouse, site plan or PD zoning for said use shall be charged $2.75 per month per unit. (2) Property zoned and developed for duplex use under 2F duplex residential, site plan or PD zoning for said use shall be charged $2.75 per month per unit. (3) Property zoned and developed for single family residential use under R-2, R-3, R- 4, R-5 single family residential, site plan or PD zoning for said use shall be charged $2.75 per month per unit. (4) Property zoned and developed for garden home residential use under GH garden home residential, site plan or PD zoning for said use shall be charged $2.75 per month per unit. (5) Property zoned and developed for mobile home park use under MH mobile home park, site plan or PD zoning for said use shall be charged $2.75 per month per unit. 2. Multi -Family Zoned Property a. Property zoned and developed for multi -family uses under MF -1, MF -2, MF -3 multi- family, site plan or PD zoning for said uses shall be charged $18.72 per acre of land per month. b. Alternate charge is $20.80 per impervious acre per month, said acreage to be submitted on a site plan showing the impervious area to the City Engineer, and said plat to be sealed by a registered professional engineer or registered professional land surveyor. The base charge is in effect until the City Engineer has accepted the said site plan. B. Commercial/Industrial Property The charge for property zoned and developed for commercial or industrial uses under O, LR, SC, LC, GB, CC, IT, LI, GI, HI, site plan or PD zoning for said uses shall be charged as follows: 1. Base charge is $18.72 per acre per month. 2. Alternate charge is $20.80 per impervious acre per month, said acreage to be submitted on a site plan showing the impervious area to the City Engineer, and said plat to be sealed by a registered professional engineer or registered professional land surveyor. The base charge is in effect until the City Engineer has accepted the said site plan. 3. A minimum of $2.75 and a maximum of $50.00 shall be charged per property per month. C. Day care centers/Churches The charge for day care centers/churches, regardless of zoning, shall be charged as follows: 1. The base charge shall be $14.56 per acre per month. 2. Alternate charge is $20.80 per impervious acre per month, said acreage to be submitted on a site plan showing the impervious area to the City Engineer, and said plat to be sealed by a registered professional engineer or registered professional land surveyor. The base charge is in effect until the City Engineer has accepted the said site plan. 3. A minimum of $2.75 and a maximum of $50.00 shall be charged per property per month. SECTION 2: Exemptions are those allowed by Section 402, that being: (a) The State of Texas; (b) The County of Collin; (c) The City of Allen; (d) The Independent School Districts in Allen; (e) Property with proper construction and maintenance of a wholly sufficient and privately owned drainage system; (f) Property held and maintained in its natural state, until such time that the property is developed and all of the public infrastructure constructed has been accepted by the City for maintenance; Ordinance No. 1201-9-93 Page 2 (g) A subdivided lot, until a structure has been built on the lot and a certificate of occupancy has been issued by the City. SECTION 3: All billings, credits, rules and other procedures relating to this charge shall be subject to the provisions of V.T.C.A., Local Government Code, Section 402.041, et seq., and shall specifically include the following: (a) There shall be a charge on each monthly utility statement for the Municipal Drainage Utility System pursuant to this ordinance and as authorized herein. The City Manager or his designee is authorized to collect such charges in a manner consistent with the City Charter and State law. The drainage fee will be a separate line item on the utility statement and shall be clearly identified as a separate charge. (b) Except as otherwise provided herein, billing, charges and collection procedures shall be consistent with that of the water and sewer services. (c) Drainage charges shall be identified separately on the utility billing. Billing shall be consistent with V.T.C.A., Local Government Code, Section 402.048. (d) Delinquent charges shall be collected in a manner consistent with V.T.C.A., Local Government Code, Section 402.050. (e) The City Manager or his designee(s) may, from time to time, adopt rules for the administration of the drainage charge. SECTION 4: That the terms and provisions of this ordinance shall be deemed to be severable and that if any section, subsection, sentence, clause or phrase of this ordinance should be declared to be invalid, the same shall not affect the validity of any other section, subsection, sentence, clause or phrase of this ordinance. SECTION 5: That the rates established by this ordinance shall be effective October 1, 1993. SECTION 6: That this ordinance has been adopted by at least a majority vote of the entire City Council and shall be effective immediately from and after its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 16TH DAY OF SEPTEMBER , 1993. APPROVED: /� Me Farmer, MAYOR ATTEST: Ordinance No. 1201-9-93 page 3 AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE TACKETT, who having been by me duly sworn, on oath deposes and says: That she is the General Manager of THE ALLEN AMERICAN, a newspaper published in COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulation in said county, and having been published regularly and con!inousiy for more !hall twelve (12) months prior to publishing Public Hearin❑ 9/16 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Sunday, August 8, 1993 & Sunday, August 22,1993 and which was issued on August 8, 1993 by City of Allen of COLLIN COUNTY, TEXAS. A printed copy of said publication is attached hereto. SUBSCRIBED AND SWORN to before me this 15� day of A.D. 19—?l V. A. TODD My COWAssioN D(PIRES December 55-11W Publisher's fee $31.50 IC in and for COLLIN COUNTY, TEXAS CITY OF ALLEN NOTICE,OF PUBLIC HEARING Notice is hereby given that the Allen City Council will conduct a public hearing at their regular meeting to be held on Thurs- day, September 16, 1993, at 7.30 p m, in the Council Chambers of the Allen Munici- pal Annex, One Butler Circle, Allen, Texas, to consider providing the establishment of a schedule of drainage charges for the "Al- len Municipal Drainage Utility System;" levied against all real property within the City of Allen, Texas, subject to such charges under Section 402 041, et. seq., Subchapter C of Chapter 402 of the Texas Local Government Code; providing for a severability clause and providing for an ef- fective date. Anyone wishing to speak either FOR or AGAINST this request is invited to attend this public hearing and voice their opinion. For further information, contact the Public Works Department, City of Allen, One But- ler Circle, Allen, Texas, or by telephoning 727 0160. .77' r--" -' A copy of the proposed city ordinance au- thorizing the establishment of a schedule of drainage charges is included in the legal notice section of this newspaper. r CITY 6F—AL—LEN — I I, NOTICE OF PUBLIC HEARING i Notice is hereby given that the AIIen,City Council will conduct a public hearing at their regular meeting to be held on Thurs- o day, September 16, 1993, at 7:30 p.m. in the Council Chambers of the Allen Munici- pal Annex, One Butler Circle, Allen, Texas, to consider providing the establishment of a schedule of drainage charges for the "Al- len Municipal Drainage Utility System;" levied against all real property within the iCity of Allen, Texas, subject to such charges under Section 402.041, et. seq., ISubchapter C of Chapter 402 of the Texas Local Government Code; providing -for a severability clause and providing for an ef- fective date. Anyone wishing to speak either FOR or (AGAINST this request is invited to attend this public hearing and voice their opinion. For further information, contact the Public Works Department, City of Allen, One But- ler Circle, Allen; Texas; or by telephoning - 727 -0160. 1* A copy of the proposed city ordinance,au- thorizing the establishment of a schedule of drainage charges is included in the legal S notice section of this newspaper. e AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN t BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE TACKETT, who having been by me duly sworn, on oath deposes and says: That she is the General Manager of THE ALLEN AMERICAN, a newspaper published in COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulation in said county, and having been published regularly and continously for more than twelve (12) months prior to publishing Proposed Ordinance of which the attached is a true and written copy, and which was published if. ALLEN AMERICAN on Sunday, August 8, 1993 & Sunday August '22,1993 and which was issued on August 8, 1993 by City of Allen of COLLIN COUNTY, TEXAS. A printed copy of said publication is attached hereto. SUBSCRIBED AND SWORN to before me this-4-5—day of A.D. 19 %- PROPOSED ORDINANCE �AN V. A. TODD COWSSION EXPIRES ORDINANCE OF THE CITY OF AL- , LEN, COLLIN COUNTY, TEXAS, PRO- 6/ et MY DeC2r11bEr VIDING FOR THE ESTABLISHMENT OF of ,�,;r A SCHEDULE OF DRAINAGE CHARGES `-, BLIC FOR THE "ALLEN MUNICIPAL DRAIN- i AGE UTILITY SYSTEM;" LEVIED AGAINST ALL REAL PROPERTYY WITHIN THE CITY OF ALLEN, TEXAS, d Publisher's fee $ 207.00 SUBJECT TO SUCH CHARGES UNDER SECTION 402.041, ET SEQ., SUBCHAP- TER C OF CHAPTER 402 OF THE TEXAS LOCAL GOVERNMENT CODE; PROVID- ING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. ; WHEREAS, pursuant to Subchapter C of Chapter 402 of the Local Government Code known as the "Municipal Drainage ' Utility Systems Act" (the "Act'), the City Council of the City of Allen, Texas (the s "City") has established a schedule of F drainage charges against all real property f in the proposed service area subject to charges under this subchapter; and, WHEREAS, the City will provide drainage € for all real property in the proposed service f area on payment of drainage charges, ex- 7 cept real property exempted under this I, subchapter, and, WHEREAS, the City will offer drainage ser- vice on nondiscriminatory, reasonable, T and equitable terms; and, WHEREAS, the City has satisfied the pro- cedural requirements established by the Act as conditions precedent to the adop- tion of this ordinance. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF Jl ALLEN, COLLIN COUNTY, TEXAS THAT: SECTION 1: The following schedule of _ — drainage charges is hereby levied against all real property lying within the"City of At - len, Texas, subject to drainage charges k% •- PROPOSED ORDINANCE AN ORDINANCE OF THE CITY OF AL - 'LEN, COLLIN COUNTY, TEXAS, PRO- VIDING FOR THE ESTABLISHMENT OF A SCHEDULE OF DRAINAGE CHARGES FOR THE "ALLEN MUNICIPAL DRAIN- AGE UTILITY SYSTEM;" LEVIED AGAINST ALL REAL PROPERTY WITHIN THE CITY OF ALLEN, TEXAS, SUBJECT TO SUCH CHARGES UNDER SECTION 402.041, ET SEQ., SUBCHAP- TER C OF CHAPTER 402 OF THE TEXAS LOCAL GOVERNMENT CODE; PROVID- ING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Subchapter C of Chapter 402 of the Local Government Code known as the "Municipal Drainage Utility Systems Act" (the "Act"), the City Council of the City of Allen; Texas (the "City") has established a schedule of drainage charges against all real property in the proposed service 'area subject to charges under this subchapter; and, WHEREAS, the City will provide drainage for all real property in the proposed service area on payment of drainage charges, ex- cept real property ,exempted under this subchapter; and, WHEREAS, the City will offer drainage ser-' vice on nondiscriminatory, reasonable, and equitable terms; and, WHEREAS, the City has satisfied the pro- cedural requirements established by the Act as conditions precedent to the adop- tion of this ordinance. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS THAT: SECTION 1 - The following schedule of drainage charges is hereby levied against all real property lying wkhm the City of Al- len, Texas, subject to' drainage charges -1402.0,, 'l ges shall U2 uol- le ted 'i, , Mau. Aer cgnsisten; with V.T.0 A., Local Government Code, Sec- ti tion 402.1550. � (e) The City Manager or his desig- nee(s) esig nee(s) may, from time to time, adopt rules _ r for the administration of the dtamage I. charge. f ,� SECTION 4: That the terms and provisions z�. • • f _ of this ordinance shall be deemed to be severable and that if the validity of any . section, subsection, sentence, clause or phase of this ordinance should be declared to be invalid, the same shall not'affect the validity of any other section, subsection, sentence, clause or phase of this ordinance. SECTION 5: That the rates established by this ordinance shall be effective October 1, 1993. �,� ' I SECTION 6: That this ordinance has been. adopted by at least -a majority vote of the entire City Council and shall be effective immediately from and after its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF 1 ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE TH DAY OF , 1993. APPROVED: /s/ Joe Farmer, MAYOR APPROVED AS TO FORM: A. Don•Crowder,_CIT-Y_ATTORNEY ATTEST: Judy Morrison, CITY SECRETARY under Subchapter C of Chapter 402 of the Texas Local Government Code: 1. Residential Property a. Single Family Zoned Property (1) BaseFlatRate Charge (a) Property zoned and developed for townhouse use under TH Townhouse, site plan or PD zoning for said use shall be charged $2.75 per month per unit (b) Property zoned and developed for duplex use under 2F duplex residential, site plan or PD zoning for said use shall be charged $2.75 per month per unit. (c) Property zoned and developed for single family residential use under R-2, R-3, R-4, R-5 single family residential, site plan or PD zoning for said use shall be charged $2.75 per month per unit. (d) Property zoned and developed for garden home residential use under GH garden home residential, site plan or PD zoning for said use shall be charged $2.75 er month per unit. (e) Property zoned and developed or mobile home park use under MH mobile ome park, site plan or PD zoning for said use shall be charged $2.75 per month per unit. b. Multi -Family (1) Property zoned and developed for multi -family uses under MF -1, MF -2, MF -3 multi -family, ,site plan or PD zoning for said uses shall be charged $18.72 per acre of land per month. (2) Alternate charge is $20.80 per im- pervious acre per month, said acreage to be submitted on a site plan showing the impervious area to the City Engineer, and said plat to be sealed by a registered pro- fessional engineer or registered profes- sional land surveyor. The base charge is in effect until the City Engineer has accepted the said site plan. 2. Commercial/Industry Property The charge for property zoned and deve- loped for commercial or industrial uses under 0, LR, SC, LC, GB, CC, IT, LI, GI, HI, site plan or PD zoning for said uses shall be charged as follows: a. Base charge is $18.72 per acre per month. b. Alternate charge is $20.80 per impervi- ous acre per month, said acreage to be submitted on a site plan showing the im- pervious area to the City Engineer, and said plat to be sealed by a registered pro- fessional engineer or registered profes- sional land surveyor. The base charge is in effect until the City Engineer has accepted the said site plan. 3. Day care centers/Churches The charge for Day care centers/ Churches, regardless of zoning, shall be charged as follows: a. The base charge shall be $14 56 per acre per month. b Alternate charge is $20.80 per impervi- ous acre per month, said acreage to be submitted on a site plan showing the im- pervious area to the City Engineer, and said plat to be sealed by a registered pro- fessional engineer or registered profes- sional land surveyor. The base charge is in Pffprt until the City Engineer has accepted the said site plan. SECTION 2: Exemptions are those al- lowed by Section 402, that being. (1)1The State of Texas; (2);The County of Collin; MiThe City of Allen; (4) The Independent School District in Allen; 1 (5) A cap of $50.00 applies -to all accounts. �(6) That part of the property held and mamtamed in its natural state until such time that the property is developed and all of the public infrastructure constructed has been accepted by the City for, maintenance shall be exempt from these charges. ) SECTION 3: All billings, credits, rules and other procedures relating to this charge shallMbe subject to the provisions of V.T.C.A., local Government Codd, Section 402.041, et seq., and shall specifically in- clude the following: (a) There shall be a charge on each monthly utility statement for the Municipal Drainage Utility System pursuant to thi ordinance and as authorized herein. -Th City Manager or his designee is authorized to collect such charges in a manner consis-s teht with the City Charter and State Law.'` The drainage fee will be a seperate line item on the utility statement and shall be clearly identified as a separate charge. (b) Except as otherwise provided he- rein, billing, charges and collection proce- dures shall be consistent with thatlof the water and sewer services. r (c) Drainage charges shall be�'identi- fied separately on the utility, billing. Billing shall be consistent with V C.A., Local Government Code, Sectio Delinquent r rOR SALE five piece matching bedroom et, good condition. Asking $1,000. 70-0745. OUR DRAWER CHESTS, $39. Brass eadboard, $27. Day beds, complete, 59. Factory Furniture Warehouse, 214)351-2984. IRLS BEDROOM FURNITURE. Stanley, hite with light blue, amoire, two twin eadboards, desk and chair. Two three rawer dressers with hutches and night - ,Stand. $950. Call 422-3091 Sheri 696-5770 Nancy. IRLS BEDROOM FURNITURE, white, old Bed, canopy can be added, four rawer chest, three qdrawer chest with hutch, $325. 424-3969. IDE -A -BED SOFA, excellent condition, eutral colors, $200. Call 727-2057. JENNY LIND CRIB WITH CANOPY and attress. $125. Playpen, walker, car seat, troller, etc. Call 517-0267. KING SIZE WATERBED. Best deal in own! Excellent condition. Waveless six rawer pedestal, bookcase headbaord, eater $300 (214)828-1096. ARGE BROWN couch and love seat, 75. Pool table with supplies,'$300. Call 21-8910. LEATHER SOFA AND LOVESEAT ORMALLY ..... ...................... $3,895 PECIAL .......................... ......... . $995 ALL LEATHER, CALL NOW!!! LEATHER FACTORY, 447-0711 (ADDISON) IGHT WOOD CONTEMPORARY bed- oom suite. $750. Solid wood desk with rawers, $65. Computer table, $80. Sta- onary bike, $40. Open shelf cabinet, $60. radle, $40. Lamp, end tables, and stroll- rs. Call 242-7305. WING ROOM SUITE, three piece, $169. hofce of colors. Factory Furniture arehouse, (214)351-2984. WING ROOM SUITE, five pieces Sofa, veseat, recliner and two end tables. uetral colors. Like new. $1,000 24-0371. WING ROOM SUITE - Six pieces, $500. ofa, two chairs, end table, coffee table d floor lamp (contemporary). 985-1858, lano. ATTRESS SALE! Twin set, $69 Full set, 9. Queen set, $99 King set, $139 We II new beds at rebuilt prices Factory urniture Warehouse, (214)351-2984. MUST SELL! ne living room sofa, ivory with teal and se accents, $400 Two wing chairs, auve with white accents, $100 each. One ak kitchen table set with four chairs, $350. all 562-5620. MUST. SELL leeper sofa, queen size mattress, recliner hair, baby blue, soft mauve accents, large ntertamment center cabinet, queen_ anne- offee table Call (817)455-7498 AK ENTERTAINMENT CENTER, atching coffee table- 19th Century dining ble. Kingsize four poster bed: Solid herry crib, chest, changing table Rock- rs, desks. All items solid wood' and in ood condition. Call 625-9663 AK ENTERTAIMENT center, perfect ondition, $300. Toshiba 20 inch stereo levision with remote, $200 Four piece ween bedroom suite, $150. 442-2750. RTHOPEDIC MATTRESS SETS: King, 88, Queen, $69, Full, $69 Twin, $59. Still factory carton Model Home Liquidators, -;7,-8992 DECORATING - SOFA and loveseat ith oak trim, $250 Lazy Boy Kingsize re - liner, $100. Pair of lamps, $20 Country omfort fireplace insert, $300. (Sofa 1,500 new.) All in excellent condition Call 27-3048 after 4.00 p.m. or weekends. EFRIGERATOR, dining room table, twin eds with box springs, night stand, sser, entertainment center Bargain ,,es! Call 578-0996 CTIONAL SOFA, Benchcraft five piece +iece, blue, two recliners and bed, plus one nd table and, coffee table. $700. 27-8841. SENTRY MODEL HOMES OCAL RETAILER IN CONJUNCTION ITH NATIONAL MODEL HOME FURNI- URE DISTRIBUTING COMPANIES HAS ST BEEN GIVEN PERMISSION TO ELEASE ITS ENTIRE STOCK OF DE- IGNER AND OWROOM QUALITY IN - ENT I� NCLUDING LIVING Mc ROOMS, BEDROOMS ui T 1. fc sl c fc S c fl F F C f c i f 1 i i ider Subchapter C of Chapter 402 of the mas Local Government Code: Residential Property a. Single Family Zoned Property (1) Base Flat Rate Charge (a) Property zoned and developed r townhouse use under TH Townhouse, to plan or PD zoning for said use shall be larged $2.75 per month per unit. (b) Property zoned and developed it duplex use under 2F duplex residential, to plan or PD zoning for said use shall be harged $2.75 per month per unit. (c) Property zoned and developed )r single family residential use under R-2, I-3, R-4, R-5 single family residential, site Ian or PD zoning for said use shall be harged $2.75 per month per unit. (d) Property zoned -and developed x garden home residential use under GH arden home residential, site plan or PD omng for said use shall be charged $2.75 ler month per unit. (e) Property, zoned and developed Dr mobile home park use under MH mobile come park, site plan or PD zoning for said ise shall be charged $2.75 per month.per mit. b. Multi -Family (1) Property zoned -and developed for nulti-family uses under MF -1, MF -2, MF -3 nulti-family, site plan or PD zoning for said ises shall be charged $18.72 per acre of and per month (2) Alternate charge is $20.80 per im- )ervious acre per month, said acreage to :)e submitted on a site plan showing the mpervious area to the City Engineer, and said plat to be sealed by a registered pro- fessional engineer or registered profes- sional land surveyor. The base charge is in effect until the City Engineer has accepted the said site plan. 2. Commercial/Industry Property The charge for property zoned and deve- loped for commercial or industrial uses under 0, LR, SC, LC, GB, CC, IT, LI, GI, HI, site plan or PD zoning for said uses shall be charged as follows: a. Base charge is $18.72 per acre per month. b. Alternate charge is $20.80 per impervi- ous acre per month, said acreage to be submitted on a site plan showing the im- pervious area to the City Engineer, and said plat to be sealed by a registered pro- fessional engineer or registered profes- sional land surveyor The base charge is in effect until the City Engineer has accepted the said site plan. 3. Day care centers/Churches The charge for Day care centers/ Churches, regardless of zoning, shall be charged as follows: a. The base charge shall be $14.56 per acre per month. b. Alternate charge is $20.80 per impervi- ous acre per month, said acreage to be submitted on a site plan showing the im- pervious area to the City Engineer, and said plat to be sealed by a registered pro- fessional engineer or registered profes- sional land surveyor. The base charge is in effect until the City Engineer has accepted the said site plan. SECTION 2: Exemptions are those al- lowed by Section 402, that being: (1) The State of Texas; (2) The County of Collin; (3) The City of Allen; (4) The Independent School District in Allen; (5) A cap of $50.00 applies to all accounts. I J (6) That part of the property held and maintained in its natural state until such time that the property is developed and all of the public infrastructure constructed has been accepted by the City for maintenance shall be exempt from these charges.„ I SECTION 3: All billings, credits, rules and other procedures relating to this charge shall be subject to the provisions of V.T.C.A., local Government Code, Section 402 041, et seq , and shall specifically in- clude the following: (a) There shall be a charge on each monthly utility statement for the Municipal Drainage Utility System pursuant to this ordinance and as authorized herein The City Manager or his designee is authorized to collect such charges in a manner donsis- tent with the City Charter and State Law. The drainage fee will be a seperate fine item on the utility statement and shall be clearly identified as a separate charge. (b) Except as otherwise provided he- rein, billing, charges and collectiori proce- dures shall be consistent with that of the water and sewer services. I (c) Drainage charges shall be identi- fied separately on the utility billing. Billing shall be consistent with V T.0 A., Local Government Code, Section 402 048. (d) Delinquent charges shall be col- lected in a manner consistent with V.T.C.A., Local Government Code, Sec- tion 402.050. (e) The City Manager or his desig- nee(s) may, from time to time, adopt rules for the administration of the drainage charge. SECTION 4: That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of any section, subsection, sentence, clause or phase of this ordinance should be declared to be invalid, the same shall not affect the validity of any other section, subsection, sentence, clause or phase of this SECTION 5: That the rates established by this ordinance shall be effective October 1, 1993. _ SECTION 6: That this ordinance has bee+ adopted by at least a majority vote of th ntire City Council and shall be effectiv .mmediately from and after its pAsage. ULY PASSED AND APPROVED M HE CITY COUNCIL OF THE CITY O LLEN, COLLIN COUNTY, TEXAS, O HIS THE TH DAY O 1993. PPROVED: ` / Joe Farmer, MAYOR PPROVED AS TO FORM: .-Don Crowder, CITY ATTORNEY HE ' dv Morrison, CITY SECRETARY R SALE five piece matching bedroom good condition. Asking $1,000. OUR DRAWER CHESTS, $39. Brass eadboard, $27. Day beds, complete, 59. Factory Furniture Warehouse, 14)351-2984. IRLS BEDROOM FURNITURE. Stanley, hrte with light blue, amoire, two twin eadboards, desk and chair. Two three rawer dressers with hutches and night- tand. $950. Call 422-3091 Sheri 96-5770 Nancy. IRLS BEDROOM FURNITURE, white, old. Bed, canopy can be added, four Irawer chest, three drawer chest with hitch, $325. 42.1-3969. TIDE -A -BED SOFA, excellent condition, ieutral colors, $200. Call 727-2057. ENNY LIND CRIB WITH CANOPY and iattress $125. Playpen, walker, car seat, troller, etc. Call 517-0267. :ING SIZE WATERBED. Best deal in )wn! Excellent condition. Waveless. six rawer pedestal, bookcase headbaord, eater $300 (214)828-1096. ARGE BROWN couch and love seat, 75. Pool table with supplies, $300. Call 21-8910. LEATHER SOFA AND L"OVESEAT ORMALLY .............................. $3,895 PECIAL.................................... $995 ALL LEATHER, CALL NOWI!! LEATHER FACTORY, 447-0711 Is GHT WOOD CONTEMPORARY bed- om suite. $750. Solid wood desk with awers, $65. Computer table, $80 Sta- mary bike, $40 Open shelf cabinet, $60. adle, $40. Lamp, end tables, and stroll - Call 242-7305. WING ROOM SUITE, three piece, $169. hoice of colors. Factory Furniture farehouse, (214)351-2984. IVING ROOM SUITE, five pieces. Sofa, veseat, recliner and two end tables. uetral colors Like new. $1,000. LIVING ROOM SUITE - Six pieces, $500. sofa, two chairs, end table, coffee table rid floor lamp (contemporary). 985-1858, fano. ATTRESS SALE! Twin set, $69. Full set, 79. Queen set, $99. King set, $139 We ell new beds at rebuilt prices. Factory urniture Warehouse, (214)351-2984. MUST SELL! ne living room sofa, ivory with teal and ose accents, $400 Two wing chairs, auve with white accents, $100 each. One oak kitchen table set with four chairs, $350. all 562-5620. MUST SELL leeper sofa, queen size mattress, recliner hair, baby blue, soft mauve accents, large ntertainment center cabinet, queen anne flee table. Call (817)455-7498. Ib AK ENTERTAINMENT CENTER, tching coffee table: 19th Century dining le- Kingsize four poster bed• Solid erry crib, chest, changing table- Rock- s, desks. desks. All items solid wood and in ood condition. Call 625-9663. AK ENTERTAIMENT center, perfect )ndition, $300. Toshiba 20 inch stereo levision with remote, $200 Four piece ueen bedroom suite, $150. 442-2750. RTHOPEDIC MATTRESS SETS. King, 88, Queen, $69, Full, $69 Twin, $59 Still factory carton Model Home Liquidators, 47-8992. EDECORATING - SOFA and loveseat ith oak trim, $250. Lazy Boy Kingsize re- iner, $100. Pair of lamps, $20. Country omfort fireplace insert, $300. (Sofa 1,500 new.) All in excellent condition! Call 27-3048 after 4:00 p.m. or weekends. EFRIGERATOR, dining room table, twin eds with box springs, night stand, esser, entertainment center. Bargain rices! Call 578-0996. 'ECTIONAL SOFA, Benchcraft five piece ece, blue, two recliners and bed, plus one nd table and, coffee table $700 7-8841. SENTRY MODEL HOMES OCAL RETAILER IN CONJUNCTION /ITH NATIONAL MODEL HOME FURNI- URE DISTRIBUTING COMPANIES HAS , JST BEEN GIVEN PERMISSION TO ELEASE ITS ENTIRE STOCK OF DE- IGNER AND SHOWROOM QUALITY IN- ENTORIES INCLUDING LIVING OOMS, DINING ROOMS, BEDROOMS 11TH MATTRESSES INCLUDED ALL AT HE LOWEST POSSIBLE PRICES UST SELL!! NO COMMISSIONED ALESMEN.- FIRST COME FIRST ERVE HURRY HURRY! MASTER- 4RD, VISA 406 -8282 - )FA AND LOVESEAT for sale Tan. 50 for both. Call 306-6787. )FA AND LOVESEAT Country Blue, 30 matching plaid wmgback chairs, Like wI Plus antique coffee table and country chen dinette. 964-1460. )FA AND LOVESEAT. Modern print, ! 50. 492-7576. )FA AND LOVESEAT, two years old, ach and while stripe, very "cushiony". 00. 221-1192 IFA, CAMEL color, six feet long, two shions, great for college apartment, od condition $55 867-3023 leave {' FA / LOVESEAT Very nice, off white eper, $550. Call 517-4626 or days -3332. )FA LOVESEAT, dmnette set, twin bed, >cellaneous $225 takes all. 569-9489 IFA, L-shaped sectional, with queen aly sleeper Nuetral color. $500. Great iditionl Call 306-0414. YLISH SECTIONAL with incliners and ner table. Retail, $995,' sacrifice, $475 n delivery Model Home Liquidators, 4)247-8992. AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE TACKETT, who having been by me duly sworn, on oath deposes and says: That she is the General Manager of THE ALLEN AMERICAN, a newspaper published in COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulation in said county, and having been published regularly and continously for more than twelve (12) months prior to publishing Proposed Ordinanc of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Wednesday, August 18, 1993 & Sunday August 29, 1993 and which was issued on August 18, 1993 , by City of Allen of COLLIN COUNTY, TEXAS. A printed copy of said publication is attached hereto. SUBSCRIBED AND SWORN to before me this day of A.D. 19 V. A. TODD Jnr 001Mssir December Publisher's fee $220.50 BLIC in and for COLLIN COUNTY, TEXAS PROPOSED ORDINANCEAN ORDINANCE OF TH. CITY OF AL- I iLEN, COLLIN COUNTY,TEXAS, PRO- VIDING FOR THE ESTABLISHMENT OF IFOR A SCHEDULE OF DRAINAGE CHARGES THE "ALLEN MUNICIPAL DRAIN- AGE UTILITYAGAINST ALLSREAL PROP.ERTDY E WITHIN THE CITY OF ALLEN, TEXAS, SUBJECT TO SUCH CHARGES UNDER t SECTION 402.041, ET SEQ., SUBCHAP- TER C OF CHAPTER 402 OF THE TEXAS LOCAL GOVERNMENT CODE; PROVID- ING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Subchapter C of IChapter 402 of the Local Government Code known as the "Municipal Drainage 1 Utility Systems Act" (the "Act"), the .City ,Council of the City of Allen, Texas Jthe ; City") has established a schedule of drainage charges against all real property in the proposed service area subject to charges under this subchapter; and, WHEREAS, the City will provide drainage for all real property in the proposed service area on payment of drainage charges, ex- cept real property exempted under this subchapter; and, .1 WHEREAS, the City will offer drainage ser- vice on nondiscriminatory, reasonable, and equitable terms; and, 1% WHEREAS, the City has satisfied the pro- cedural requirements established bj,;the Act as conditions precedent to the adop- tion of this ordinance. ,s NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY'OF,- SECTION 1: he fol owing schedu eNTY, TESAof 1 � — drainage charges is -hereby levied against —all real property lying within the City of AP Ion, Texas, subject to drainage charges, under Subchapter C of Chapter 402 of the' " Texas Local Government Code: I ,-,A. Residential Property 1. Single Family Zoned Property r (a) Base Flat Rate Charge (1) Property zoned and developed for townhouse use under TH Townhouse, ",'Site plan or PD zoning for said use shall be -charged $2.75 per month per unit. (2) Property zoned and developed rrfor duplex use under 2F duplex residential, site plan or PD zoning for said use shall be ,.,,charged $2.75 per month per unit. N", (3) Property zoned and developed .,Jor single family residential use under R-2, '.:R-3, R-4, R-5 single family residential, site -04,plan or PD zoning for said use shall be 4. -.charged $2.75 per month per unit. i >,�r ,,, (4) Property zoned and developed for garden home residential use under GH garden home residential, site plan or PD � I,;,,,`,zoning for said use shall be charged $2.75 per month per unit. for moble home park use under MH mozoned and bile' .';,home park, site plan or PD zoning for said ,. use shall be charged $2.75 per month per t-;,, , unit. 2. Multi -Family (a) Property zoned and developed for, :;:,multi -family uses under MF -1, MF -2, MF -3 t multi -family, site plan or PD zoning for said; uses shall be charged $18.72 per acre of land per month. (b) Alternate charge is $20.80 per im- pervious acre per month, said acreage to .�Ebe submitted on a site plan showing the !impervious area to the City Engineer, and j said plat to be sealed by a registered pro-fessional engineer or registered profes- sional land surveyor. The base charge is in y, effect until the City Engineer has accepted the said site plan. B. Commercial/Industry Property I ,., The charge for property zoned and deve- loped for commercial or industrial uses under 0, LR, SC, LC, GB, CC, IT, LI, GI, Hl,� site plan or PD zoning for said Jses shall be charged, as follows: t- 1. Base charge is $18.72 per acre per month. .,al; 2. Alternate charge is $20.80 per impervi- sh,,;ous acre per month, said acreage to be F „submitted on a site plan showing the im- pervious area to the City Engineer,- and said plat to be sealed by a registered pro - .,.fissional engineer or registered profes- sional land surveyor. The base charge is in .effect until the City Engineer has accepted the said site plan. 3. A maximum of $50.00 shall be charged per property. 1 C. Day care centers/Churches r .The charge for Day care centers/ t� Churches, regardless of zoning, shall be .- charged as follows: ,. ,1. The base charge shall be $14.56 per acre per month. 1 t., .2. Alternate charge is $20.80 per impervi- ous acre per month, said acreage to be Ila submitted on a site plan showing the im- pervious area to the City Engineer, and said plat to be sealed by a registeired pro- fessional engineer or registered. profes- sional land surveyor. The base charge is in effect until the City Engineeuhas accepted ,. the said site plan. ;-� 3. A maximum of $50.00 shall be charged -_per property. SECTION 2: Exemptions are those al i lowed by Section 402, that being: I _ (a) The State of Texas; (b) The County of Collin; j (c) The City of Allen; (d) The Independent School District in Allen; , (e) Property with proper construction ap and maintenance of a wholly sufficient and ,x .privately owned drainage system; ar (f) Property held and maintained in its �,,, natural state until such time that the prop- �:,-erty is developed and all of the public infra - ..;,structure constructed has been accepted by the City for maintenance; (g) A subdivided lot, until a structure has been built on the lot and a certificate of ., Koccupancy has been issued by the City. ,� ,SECTION 3: All billings, credits, rules and ;,,,,,other procedures relating to this charge r Q , shall be subject to the provisions of „,`'V.T.C.A., local Government Code, Section 402.041, et seq., and shall specifically in- clude the following: i -cl (a) There shall be a charge on each monthly utility statement for the Municipal frainage Utility System pursuant to this ordinance and as authorized herein. The 4 City Manager or his designee is authorized --to collect such charges in a manner consis- tent with the City Charter and State Law. The drainage fee will be a seperate line v' "item on the utility statement and shall be dearly identified as a separate charge. (b) Except as otherwise provided he- n rein, billing, charges and collection proce- -i•i dures shall be consistent with that of the ,:..water and sewer services. (c) Drainage charges shall be identi- fied, separately on the utility billing. Billing ,•^r: shall be consistent with V.T.C:A., Local ..t'. Government Code, Section 402.048. -W (d) Delinquent charges shall be col- xlected in a manner consistent with !' a.nV:T.C.A., Local Government Code, Sec - r:.. tion 402.050. ):i r;, (e) The City Manager or his desig- nee(s) may, from time to time, adopt rules it, for the administration of the drainage 'Irrcharge. SECTION 4: That the terms and provisions -::.► of this ordinance shall be deemed to be mi,severable and that if the validity of any section, subsection, sentence, clause or = phase of this ordinance should be declared v ,to be invalid, the same shall not affect the 't.;, validity of any other section, subsection, sentence, clause or phase of this ` ordinance. "'SECTION 5: That the rates established by 'this ordinance shall be effective October 1, a.+ 1 �993. Z ECTION 6: That this ordinance has been A$ adopted by at least a majority vote of the ` �I entire City Council and shall be effective r immed(ately from and after its passage. '`A'VULY PASSED AND APPROVED BY '--THE CITY COUNCIL OF THE CITY OF 3 THIS THEIN COU TYTH DAY OF 1993. Iu APPROVED: 'rr Joe Farmer, MAYOR APPROVED AS TO FORM: ! A. Don Crowder, CITY ATTORNEY 'ATTEST: Judy Morrison, CITY SECRETARY " PROPOSED ORDINANCE AN ORDINANCE OF THE CITY OF AL ILEN, COLLIN COUNTY, TEXAS, PRO VIDING FOR THE ESTABLISHMENT OF IA SCHEDULE OF DRAINAGE CHARGES FOR THE "ALLEN MUNICIPAL DRAIN. AGE UTILITY SYSTEM;" LEVIED AGAINST ALL REAL PROPERTY WITHIN THE CITY OF ALLEN, TEXAS, SUBJECT TO SUCH CHARGES UNDER SECTION 402.041, ET SEQ., SUBCHAP- TER C OF CHAPTER 402 OF THE TEXAS LOCAL GOVERNMENT CODE; PROVID- ING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Subchapter C of Chapter 402 of the Local Government Code known as the "Municipal Drainage Utility Systems Act" (the "Act"), the City Council of the City of Allen, Texas (the "City") has established a schedule of drainage charges against all real property in the proposed service area subject to charges under this subchapter; and, WHEREAS, the City will provide drainage for all real property in the proposed service area on payment of drainage charges, ex- cept real property exempted under this subchapter; and, WHEREAS, the City will offer drainage ser- vice on nondiscriminatory, reasonable, and equitable terms; and, WHEREAS, the City has satisfied the pro- cedural requirements established by the Act as conditions precedent to the adop- tion of this ordinance. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS THAT: SECTION 1: The following schedule of drainage charges is hereby levied against all real property lying within the City of Al- len, Texas, subject to drainage charges under Subchapter C of Chapter 402 of the Texas Local Government Code: A. Residential Property 1. Single Family Zoned Property (a) Base Flat Rate Charge ed for townhouse Property useuse nderdTH Townhoouse, site plan or PD zoning for said use shall be charged $2.75 per month per unit developed for duplex use Property nd d r 2F duplexresidential, site plan or PD zoning for said use shall be' charged $2.75 per month per unit. (3) Property zoned and developed for single family residential use under R-2, I R-3, R-4, R-5 single family residential, site plan or PD zoning for said use shall be' i charged $2.75 per month per unit. 4 zoned and develod 1 for garden homrresiden al use under G eH t garden home residential, site plan or PD zoning for said use shall be charged $2.75 t per month per unit. - c for mobile home park use under MH mobile 5 home park, site plan or PD zoninq for said use shall be charged $2.75 per month pe unit. 2. Multi -Family (a) Property zoned and developed fc multi -family uses under MF -1, MF -2, MF multi family, site plan or PD zoning for saii uses shall be charged $18.72 per acre o land per month. (b) Alternate charge is $20.80 per im pervious acre per month, said acreage ti:be submitted on a site plan showing the impervious area to the City Engineer, anc said plat to be sealed by a registered pro• fessional engineer or registered profes• sional land surveyor. The base charge is in c'fect until the City Engineer has accepted the said site plan. B. Commercial/Industry Property The charge for property zoned and deve- loped for commercial or industrial uses under 0, LR, SC, LC, GB, CC, IT, LI, GI, HI, site plan or PD zoning for said uses shall be charged as follows: 1. Base charge is $18.72 per acre per month. 2. Alternate charge is $20.80 per impervi- ous acre per month, said acreage to be submitted on a site plan showing the im- pervious area to the City Engineer. and said plat to be sealed by a registered pro- fessional engineer or registered profes- sional land surveyor. The base charge is in effect until the City Engineer has accepted the said site plan. 3. A maximum of $50.00 shall be charged per property. C. Day care centers/Churches The charge for Daycare centers, Churches, regardless of zoning, shall be charged as follows: 1. The base charge shall be $14.56 per acre per month. 2. Alternate charge is $20.80 per impervi- ous acre per month, said acreage to be submitted on a site plan showing the im- pervious area to the City Engineer, and said plat to be sealed by a registered pro- fessional engineer or registered profes- sional land surveyor. The base charge is in effect until the City Engineer has accepted the said site plan. 3. A maximum of $50.00 shall be charged per property. SECTION 2: Exemptions are those al- lowed by Section 402, that being: (a) The State of Texas; (b) The County of Collin; (c) The City of Allen; (d) The Independent School District in Allen; " (e) Property with proper construction ind maintenance of a wholly sufficient and )rivately owned drainage system; (f) Property held and maintained in its iatural state until such time that the prop- �rty is developed and all of the public infra- tructure constructed has been accepted y the City for maintenance; (g) A subdivided lot, until a structure as been built on the lot and a certificate of ccupancy has been issued by the City. LG FION 3: All billings, credits, rules and other procedures relating to this charge shall be subject to the provisions c V.T.C.A., local Government Code, Sectio, 402.041, et seq., and shall specifically in clude the following: Thee shall be a chae on eacl monthly uti tyrstateme t for therg othe Mun c pa Drainage Utility System pursuant to thi; ordinance and as authorized herein. The City Manager or his designee is authorizec to collect such charges in a manner consis• tent with the City Charter and State Law The drainage fee will be a seperate line item on the utility statement and shall be clearly identified as a separate charge. rovided he- rein, biting, charges otherwise and collect on proce- dures shall be consistent with that of the water and sewer services. alaoshall enti- fied separately on the utility billing. Billing shall be consistent with V.T.C.A., Local Government Code, Section 402.048. dinDalimanneuent r cons stes ent col- lected V.T.C.A., Local Government Code, Sec- tion 402.050. (e) The City Manager or his desig- nee(s) may, from time to time, adopt rules for the administration of the drainage charge. SECTION 4: That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of any section, subsection, sentence, clause or phase of this ordinance should be declared to be invalid, the same shall not affect the validity of any other section, subsection, sentence, clause or phase of this ordinance. SECTION 5: That the rates established by this ordinance shall be effective October 1, 1993. SECTION 6: That this ordinance has been adopted by at least a majority vote of the entire City Council and shall be effective immediately from and after its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE TH DAY OF APPROVED: 1993. Joe Farmer, MAYOR APPROVED AS TO FORM: A.' Don Crowder, CITY ATTORNEY ATTEST: Judy Morrison, CITY SECRETARY w AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE TACKETT, who having been by me duly sworn, on oath deposes and says: That she is the General Manager of THE ALLEN AMERICAN, a newspaper published in COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulation in said county, and having been published regularly and continously for more than twelve (12) months prior to publishing Public Hearing 9/16 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Sunday September 5, 1993 and which was issued on September 5, 1993 , by City of Allen of COLLIN COUNTY, TEXAS. A printed copy of said publication is attached hereto. k SUBSCRIBED AND SWORN to before me this %� day A.D. 19 93 sof ;�,ti'"''WA V. A. TODD °•.�' MY COMMISSION D(PIRES W. (J - . - l' December 5, PUBLIC in and for COLLIN COUNTY, TEXAS CITY OF ALLEN NOTICE OF PUBLIC HEARING Publisher's fee $15.75 Notice is hereby given that the Allen City Council will conduct a public hearing at their regular, meeting to be held on Thurs- day, September 16, 1993, at 7:30 p.m. iri the Council Chambers of -the Allen Munici- pal Annex; One Butler Circle, Allen; Texas, to consider providing the establishment of a schedule of drainage charges for the "Al- len Municipal Drainage Utility System;' levagainst all real property within the ied City of Allen, Texas, subject to such charges under Section 402.041, et. seq., Subchapter C of Chapter 402 of the Texas Local Government Code; providing for a severability clause and providing for an ef- fective date. Anyone wishing to speak either FOR of AGAINST this request is invited to attend this public hearing and voice their opinion. For further information, contact the Public Works Department, City of Allen, One But- ler Circle, Allen, Texas, or by telephoning 727-0160. A copy of the proposed city ordinance au- thorizing the establishment of a Schedule of drainage charges is included in the legal notice section of this newspaper. — ARCHED DRAINAGE CHARGES AOR THE 7711RRCCLEN MUNICIPAL DRAIN- rA E UTILITY SYSTEM;" LEVIED A AINST ALL REAL PROPERTY WITHIN THE CITY OF ALLEN, TEXAS, r.S,h(BJECT TO SUCH CHARGES UNDER SECTION 402.041, ET SEQ., SUBCHAP- ,,TER C OF CHAPTER 402 OF THE TEXAS LOCAL GOVERNMENT CODE; PROVID- ING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DAT ' ,WHEREAS, pursuant to Subchapter 'L Cbapter 402 of the Local Gove Code known as the "Municipal., ai Utility Systems Act" (the "Act") ha, t; Council of the City of Allen, fisxas* "Cjty") has established,a sche'dul ' drainage charges agairrsball rd4'prope j%1, he proposed servle,d area4.subjdct charges under this subchapters and, WHEREAS, thw0ty will provide draiQ. . Tfpr,all real property in the proposed semc area on payrpent of drainage charges, ex ce'ot real property exempted under thi subchapter; and, EREAS, the City will offer drainage ser- vice on nondiscriminatory, reasonable, and equitable terms; and, WHEREAS, the City has satisfied the pro- pedural requirements established by the S Act as conditions precedent to the adop- tion of this ordinance. NOW THEREFORE, BE IT ORDAINED ''13Y THE CITN;COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS THAT: SECTION A:,- The following schedule of ) drainage charges is hereby levied against � all real property lying within the City of AI- �,iien, Texas, subject to drainage charges under Subchapter C of Chapter 402 of the Texas Local Government Code: A pesidential Property �. Single Family Zoned Property �� rr (a) Base Flat Rate Charge (1) Property zoned and developed for townhouse use under TH Townhouse, ij site plan or PD zoning for said use shall be (charged $2.75 per month per unit. (2) Property zoned and developed for duplex use under 2F duplex residential, site plan or PD zoning for said use shall be `charged $2.75 per month per unit. (3) Property zoned and developed for single family residential use under R-2, �p-3, R-4, R-5 single family residential, site "plan or PD zoning for said use shall be charged $2.75 per month per unit. J (4) Property zoned and developed for garden home residential use under GH garden home residential, site plan or PD zoning for said use shall be charged $2.75 per month per unit. (5) Property zoned -and developed for mobile home park use under MH mobile -%41o me park, site plan or PD zoning for said use shall be charged $2.75 per month per unit. 2. Multi -Family (a) Property zoned and developed for multi -family uses under. MF -1, MF -2, MF -3 multi -family, site plan or PD zoning for said uses shall be charged $18.72 per acre of land per month. (b) Alternate charge is $20.80 per im- ,pervious acre per month, said acreage to be•submitted on a site plan showing the impervious area to the City Engineer, and said plat to be sealed by a registered pro- fessional engineer or registered profes- sional land surveyor. The base charge is in effect until the City Engineer has accepted -the said site plan. PUBLISHED JUST FOR K16 IV. I IT E ',4- i,lir" I All of the Alfie' -111415�' i kite '�aat is ilih Itj N-, 89AR :Jomouv' " I J z Or 18 110 0 - r _ .— AFFIDAVIT AND PROOF OF )g P�SEDORDINP' SECTION 4: That the terms and provisions ; jCE OF TI•''•, of this ordinance shall be deemed to be r' I COUNT" s ' severable and that if the validity of any THE STATE OF TEXAS r' '-ORa, THE r � _ section, subsection, sentence, clause or ' VLE Ct phase of this ordinance should be declared COUNTY OF COLLIN °A's Ito be invalid, the same shall not affect the iordinance. validity of any other section, subsection, sentence;, clause or'phase of this BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE TACKETT, who having been by me duly sworn, on oath deposes and says: SECTION 5: That the rates established by this ordinance shall be effective October 1, That she is the General Manager of THE ALLEN AMERICAN, a newspaper publishes 1993. COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulati xSECTION s: That this ordinance has been said county, and having been published regularly and continopsly for more thantwe11¢�� adopted by at least a majority vote of the months prior t0 publishing `deentire City Council and shall be effective nt immediately from and after its passage. gage Proposed Ordinance ,+ ' City Che DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF �ir3,1r~itd56 of ALLEN, COLLIN COUNTY, TEXAS, ON rty THIS THE TH DAY OF JC J0 el to .1993. of which the attached is a true and written copy, and which was p�ik:'�l:ed in '1?," AL'r;; e AMERICAN on S and which was issued on September 5, 1993 by City of Allen of COLLIN COUNTY, TEXAS. A printed copy of said publication is attached hereto. SUBSCRIBED AND V. A. TODD MY OOMMSSION EXPIRES December 5,1996 me this day of ' " A.D.• 19- /.3 �/ Vl., ,' NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee $103.50 APPROVED: Joe Farmer, MAYOR APPROVED AS TO FORM: A. Don Crowder, CITY ATTORNEY ATTEST: Judy Morrison, CITY SECRETARY 1!; charge for property zoned and deve= `loped for commercial or industrial uses `under 0, LR, SC, LC, GB, CC, IT, LI, GI, HI, ;site plan or PD zoning for said uses shall be charged as follows: 1. Base charge is $18.72 per acre per -month. -2. Alternate charge is $20.80 per impervi- u's acre per month, said acreage to be submitted on a site plan showing the im- thp(evious area to the City Engineer, and said plat to be sealed by a registered pro- fessional engineer or registered profes- sional land surveyor. The base charge is in effect until the City Engineer has accepted the said site plan. L 3. A maximum of $50.00 shall be charged E_kanpir property. C. Day care centers/Churches I The charge for Day care centers/ I Churches, regardless of zoning, shall be IIII -charged as follows: 1. The base charge shall be $14.56 per acre per month. r 2. Alternate charge is $2b.80 per impervi- ous acre per month, said acreage to b8 submitted on a site plan showing the im- pervious area to the City Engineer, and said plat to be sealed by a registered pro- fessional engineer or registered profes- sional land surveyor. The base charge is in effect until the City Engineer has accepted the said site plan. 3. A maximum of $50.00 shall be charged pe'r property. SECTION 2: Exemptions are those al- lowed by Section 402, that being: (a) The State of Texas; e- (b) The County of Collin; (c) The City of Allen; (d) The Independent School District in Allen; 5. 17A (e) Property with proper construction [ aril maintenance of a wholly sufficient and 11! privately owned drainage system; 1 4„1, (f) Property held and maintained in its -natural state until such time that the prop- Rr_y is developed and all of the public infra- rstructure constructed, has been accepted 67the City for maintenance; (g) A subdivided lot, until a structure t had been built on the lot and a certificate of occupancy has been issued by the City. 1 "SECTION 3:,All billings, credits, rules and rther procedures relating to this charge ;h II be subject to the provisions of cV. C.A., local Government Code, Section {t�"4fl2.0411 et seq., and shall specifically in- clude the following: (a) There shall be a charge on each t monthly utility statement for the Municipal '3 Drainage Utility System pursuant to this t,L Iinance and as authorized herein. The Manager or his designee is authorized r to cbllect such charges in a manner consis- tent with the City Charter and State Law. The drainage fee will be a seperate line item on the utility statement and shall be clearly identified as a separate charge. (b) Except as otherwise provided he- rein, billing, charges and collection proce- dures shall be consistent with'that of the watef and sewer services. ( (c) Drainage charges shall be identi- +fled separately on the utility billing. Billing shall be consistent with V.T.C.A., Local Government Code, Section 402.048. (d) Delinquent charges shall be col- �lected in a manner consistent with :V.T.C.A., Local Government Code, Sec- tion 402.050. •i i (e) The City Manager or his desig- vee(s) may, from time to time, adopt rules for the administration of the drainage bF'iarge. AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE TACKETT, who having been by me duly sworn, on oatr h deposes and says: That she is the General Manager of THE ALLEN AMERICAN, a newspaper published in COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulation in said county, and having been published regularly and continously for more than twelve (12) months prior to publishing Ordinance 41201-9-3 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Wednesday, September 22, 1993 & Sunday, September 26, 1993 and which was issued on September 22, 1993 , by City of Allen of COLLIN COUNTY, TEXAS. A printed copy of said publication is attached hereto. SUBSCRIBED AND SWORN to before me this A5Z day of L U A.D. 19 ?1 V. A. TODD MY COMMISSION EXPIRES December 5,i998- "7_1 - - - NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee $27.00 CITY OF ALLEN PUBLIC NOTICE Notice is hereby given that the Allen City Council adopted the following ordinance at their regular meeting held on Thursday, September 16, 1993 (Title only): Ordinance No. 1201-9-93- An Ordinance I of the City of Allen, Collin County, Texas, Providing for the Establishment of a Sche- dule of Drainage Charges for the "Allen Municipal Drainage Utility System" Levied Against All Real Property within the City of Allen, Texas, Subject to Such Charges Under Section 402.041, Et. Seq , Sub- chapter C of Chapter 402 of the Texas Local Government Code; Providing for a Severability Clause and Providing an Ef- fective Date A A copy of this ordinance may be read or purchased in the office of the City Secret- ary, City of Allen, One Butler Circle, Allen, Texas 75002. /s/ Judy Morrison City Secretary i CITY OF ALLEN PUBLIC NOTICE Notice is hereby given that the Allen City Council adopted the following ordinance'at their regular meeting held on Thursday, September 16, 1993 (Title only): Ordinance No. 1201-9-93: An Ordinance �of the City of Allen, Collin County, Texas, Providing for the Establishment of a Sche-' dule of Drainage Charges for the "Allen Municipal Drainage Utility System" -Levied Against All Real Propertywithin the City of Allen, Texas, Subject,to Such Charges Under Section 402.041, Et. Seq., Sub- -chapter C of Chapter 402 of the Texas Local Government Code; Providing for a Severability Clause and Providing an Ef- fective Date. A copy of this ordinance may be read or purchased in the office of the City Secret- ary, City of Allen, One Butler'Circle, Allen, Texas 75002. /s/ Judy Morrison City Secretary