O-2792-12-08ORDINANCE NO. 2792-12-08
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, RENAMING AND AMENDING IN ITS ENTIRETY CHAPTER
14, "UTILITIES", ARTICLE III, "MUNICIPAL DRAINAGE UTILITY SYSTEM,"
SECTION 14-73 "DRAINAGE CHARGES" OF THE CODE OF ORDINANCES;
AMENDING IN ITS ENTIRETY CHAPTER 14, "UTILITIES", ARTICLE IH,
"MUNICIPAL DRAINAGE UTILITY SYSTEM," SECTION 14-74 "EXEMPTIONS"
OF THE CODE OF ORDINANCES; PROVIDING A REPEALING CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABLITY CLAUSE;
PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO
HUNDRED DOLLARS (5200) FOR EACH OFFENSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCII. OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. The Code of Ordinances of the City of Allen, Texas, is hereby amended by renaming and
amending Chapter 14, Article III, "Municipal Drainage Utility System" Section 14-73, to read in its entirety
as follows:
Sec. 14-73. Procedures for determining charges.
' (a) For purposes of determining the applicable rate of drainage charges to assess against a property
within the Municipal Drainage Utility System, properties shall be classified as follows:
(1) Single Family Residential Property shall mean a property developed with:
a. a single attached or detached dwelling that would be permissible m a use in a Single -
Family Residential District (R-1, R-1.5, R-2, R-3, R-4, R-5, R-6, or R-7); or
b. one or more attached or detached dwellings that would be permissible as a use in a
Townhome Residential District (TH), Duplex Residential District (2-17); or Mobile Home
Park District (MH); or
C. a dwelling located on property developed pursuant to a site plan or Planned
Development District that allows any of the uses, described in a., or b., above.
(2) Multi -Family Residential Property shall mean property developed with attached multi -family
dwellings that would be permissible as a use in a Multi -Family Residential District (MF -12 or MF -
18) or that is located on property developed pursuant to a site plan or Planned Development District
that allows such use.
(3) Commercial/Industrial Property shall mean a property developed with a use that is not
classified as a Single Family Residential Property, Multi -Family Residential Property, Day Care
' Facility or Religious Facility;
(4) Day Care Facility shall have the meaning given to that phrase in Appendix A of the City of
Allen Land Development Code, as amended.
(5) Religious Facility shall mean property owned by a religious organization that is exempt from
1 taxation pursuant to Texas Tax Code §11.20 as indicated on the property tax rolls of the Collin
Central Appraisal District.
(b) On large single platted properties with multiple reasons or separate building owners, the City may apportion
common area space such as parking and traffic circulation between the tenants or separate building owners for
the purpose of apportioning drainage fees for the area as a whole. In such event, any remaining maximum
drainage fee provisions apply to each apportioned property, and not to the property as a whole.
(c) Assessed fees will appear on City utility bills, whether residential, commercial domestic, or irrigation -only
utility accounts.
(d) Staff may consider each replat of large properties for development purposes as creating a separate property for
application of drainage fees.
(e) For purposes of this section, the words and phrases used herein shall have the same meaning as those set forth in
the City of Allen Land Development Code, as amended, unless the context clearly indicates otherwise.
SECTION 2. The Code of Ordinances of the City of Allen, Texas, is hereby amended by amending
Chapter 14, Article ID, "Municipal Drainage Utility System" Section 14-74 to read in its entirety as follows:
Sec. 14-74. Exemptions from charges.
(a) The following property shall be fully exempt from the payment of drainage charges pursuant to this
Article III:
' (l) Property owned by the State of Texas, Collin County, City of Allen, or any independent
school district created or existing pursuant to Chapter 11 of the Texas Education Code;
(2) Property with proper construction and maintenance of a wholly sufficient and privately
owned drainage system;
(3) 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; and
(4) A subdivided lot, until a structure has been built on the lot and a certificate of occupancy has
been issued by the city.
(b) Religious Facilities shall be exempt from the payment of one-half of the amount of the drainage
charges set forth in a schedule of charges adopted pursuant to Sec. 14-72(c).
SECTION 3. All ordinances of the City of Allen in conflict with the provisions of this ordinance shall be,
and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in
conflict herewith shall remain in full force and effect.
SECTION 4. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this
ordinance or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or
unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code
of Ordinances, as amended hereby, which shall remain in full force and effect.
SECTIONS. An offense committed before the effective date of this ordinance is governed by prior law
and the provisions of the Code of Ordinances, m amended, in effect when the offense was committed and the
former law is continued in effect for this purpose.
Ordinance No. 2792-12-08, Page 2
SECTION 6. Any person, finn or corporation violating any of the provisions or terms of this ordinance or
of the Code of Ordinances as amended hereby, shall be subject to the same penalty as provided for in the
Code of Ordinances of the City of Allen, as previously amended, and upon conviction shall be punished by a
fine not to exceed the sum of Two Hundred Dollars ($200) for each offense.
SECTION 7. This ordinance shall take effect immediately from and after its passage and publication in
accordance with its provisions of the Charter of the City of Allen, and it is accordingly so ordained.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 9TH DAY OF DECEMBER, 2008.
APPROVED:
Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
' Peter G. Smith, CFWATTORNEY Shelley B. Geo ITY SECRETAR
P :ft 32295
Ordinance No. 2792-12-08, Page 3