O-1427A-5-96ORDINANCE NO. 1427A-5-96
AN ORDINANCE OF THE CITY OF ALIEN, COLLIN COUNTY, TEXAS,
REPEALING ORDINANCE NO. 958-12,89, PROVIDING A SEVERABIIITY; AND
PROVIDING FOR AN DATE.
VIEURZEAS, on September 16,1985, the City of Allen entered into a Sanitary Sewer Line Construction
Contract and Pro Rata Refunding Agreement, the purpose of which was to allow the construction by
Allen Sewer Associates & Partners ("ASAP") of a sewer line, and in consideration therefor, the City
Council of the City of Allen would adopt an ordinance implementing pro rata fees for all properties
within the service area of said sewer line; and,
WHEREAS, on December 7,1989, the City Council did adopt Ordinance No. 958-12-89, imposing said
pro rata charges; and,
WHEREAS, on or about November 17,1993, ASAP filed suit against Briar Ridge Investments, Inc. and
The City of Allen alleging that ASAP was the only entity entitled to receive the pro rata sewer fee
refunds collected by the City of Allen, the judgments from said lawsuit currently the subject of a pending
appeal before the Fifth Judicial District Court of Appeals of Dallas, Texas; and,
WHEREAS, on or about October 6, 1994, Twin Creeks Golf, Ltd. filed suit against the City of Allen
alleging, among other things, that Ordinance No. 958-12-89 was invalid and unenforceable; and,
WHEREAS, the parties to the foregoing lawsuits agreed to mediate the cases and as a result of said
mediation, a settlement was reached by all parties to the lawsuits; and,
WHEREAS, as a part of the settlement, the City of Allen agreed to repeal Ordinance No. 958-12-89.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS, THAT:
SECTION 1: From and after the effective date of this ordinance, Ordinance No. 958-12-89 be, and
is hereby, repealed.
SECTION 2: It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses, and phrases of this ordinance are severable; and if any phrase, clause,
sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgment or
decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any
other remaining phrase, clause, sentence, paragraph or section of this ordinance; and the City Council
hereby declares it would have passed the remaining portions even though it had known the affected parts
would be held unconstitutional.
SECTION 3: This ordinance shall take effect immediately from and after its passage and publication
in accordance with the provisions of the Charter of the City of Allen, and it is accordingly so ordained.
DULY PASSED AND APPROVED BY THE CITY COUNCEL OF THE CITY OF ALLEN, TEXAS,
ON THE 16TH DAY OF MAY ._ 1996.
APPROVED:
Kevin L. Lilly, MAYO
APPROVED AS TO FORM: ATTEST:
A. Don Crowder, CITY ATTORNEY 4Jy MoZon, CMC, CITY SECRETARY
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
Ordinance #1427A-5-96
of which the attached is a true and written copy, and which was published
in THE ALLEN AMERICAN on
Mav 22 & Mav 25, 1996
and which was Issued on
May 22,1996
by City of Allen
of COLLIN COUNTY, TEXAS
A printed copy of said pub' n Is attached hereto.
(Q) " /, Z.- Ta, j,
SUBSCRIBED ND WORN to before me this /
r� day
NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS
Publisher's fee $ 22.00
;� :- V. A. TODD
MY COMMISSION EXPIRES
c",- December 5, 1996
0�
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, May 16, 1996 (Title only):
Ordinance No. 1427A-5-96: An
Or finance o he -City of -AT e�l✓ollin
County, Texas, Repealing Ordinance No.
958-12-89; Providing a Severability; and
Providing for an Effective Date.
A copy of this ordinance may be read
or purchased in the office of the City
Secretary, City of Allen, One Butler Circle,
Allen, Texas 75013.
/s/Judy Morrison
City Secretary_
CITY OF ALLEN i I
PUBLIC NOTICE I
Notice is hereby given that the Allen
City Council adopted the following
ordinance at their regular meeting held on+
Thursday, May 16, 1996 (Title only):
Ordinance No. 1427A-5-96: An
Or mance -onhe—Cit-y--OT-AUe--n-,-17ollinI
County, Texas, Repealing Ordinance No.
958-12-89; Providing a Severability; and
Providing for an Effective Date.
A copy of this ordinance may be read
or purchased in the office of the City
Secretary, City of Alien, One Butler Circle,
Allen Texas 75013.
/s/Judy Morrison
City Secretary