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O-2750-7-0812111160ai11511102 12 15 PM OR 113 ORDINANCE NO. 2750-7-08 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ADOPTING WASTEWATER COLLECTION LINE CONNECTION FEES FOR FAIR MEADOW ADDITION; PROVIDING FOR TERMS OF PAYMENT FOR SAID FEE; PROVIDING FOR THE RECORDING OF A CERTIFIED COPY OF THIS ORDINANCE IN THE LAND RECORDS OF COLLIN COUNTY, TEXAS; PROVIDING FOR A SEVERABH.ITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 8.09 of the Land Development Code of the City of Allen requires that wastewater collection facilities serving new subdivisions or additions be connected to the City of Allen's wastewater collection system; and, WHEREAS, the City of Allen no longer authorizes the permitting of new on-site wastewater collection (i.e. septic or aerobic) systems within the incorporated limits of the City; and, WHEREAS, at the time of annexation into the corporate limits of the City of Allen, the properties located in Fair Meadow Addition were not served by the City's wastewater collection system; and, WHEREAS, the City of Allen intends to extend a wastewater collection line to serve the properties in Fair Meadow Addition; and, WHEREAS, the City Council of the City of Allen, Texas, finds it to be in the public interest to establish fees relating to the connection of the wastewater collection facilities located on each lot within Fair Meadow ' Addition and to set forth the terms of payment of said fees. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. There is hereby established a fee in the amount of $6,000.00 per lot for the connection of the on-site wastewater collection facilities serving the improvements on the following described property: Lots 1 through 12, inclusive, Fair Meadow Addition, an Addition to the City of Allen, Collin County, Texas, according to the map or plat thereof recorded in Volume C, Page 202, Map Records, Collin County, Texas. SECTION 2. Subject to Section 3, below, the owner(s) of each lot in Fair Meadow Addition shall pay the connection fee established in Section 1, above, at the time that the respective lot owner(s) request(s) connection to the City's wastewater collection system. . SECTION 3. The connection fee established in Section 1, above, may, at the option of the owner(s)of the lot, be paid in equal monthly installments over a period of not greater than sixty (60) months with no interest accruing on the unpaid balance of the connection fee due if at the time of requesting connection to the City's wastewater collection system, the owner(s) of the lot sign(s) an agreement acceptable in form and substance by the City Manager and the City Attorney containing at least the following provisions: A. The owner(s) understand and agree for themselves, their heirs, successors and assigns that the ' connection fee constitutes a personal debt owed to the City of Allen; B. The connection fee shall constitute an additional fee for the provision of sanitary sewer service as established by the City Council pursuant to Section 14-6 of the Code of Ordinances, as amended, the payment and collection of which shall be subject to applicable provisions of Chapter 14 of the Code of Ordinances, as amended, regarding payment and collection of fees for the provision of sanitary sewer service to the lot; ' C. Installment payments more than 30 days late shall bear interest at a rate of 12% per year or the highest rate allowed by law, whichever is less; and D. The agreement shall inure to the benefit of, and be an obligation of, any successor in interest to the owner(s) of the lot. SECTION 4. The City Secretary is authorized and directed to prepare a certified copy of this ordinance and to record said ordinance in the Land Records of Collin County, Texas. SECTION 5. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance which shall remain in full force and effect. SECTION 6. This ordinance shall take effect immediately from and after its passage as the law and the Charter of the City of Allen provide. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 8'ra DAY OF JULY, 2008. All a: C APPROVEIY�'1'O F� P ter Smith, C A ORNEY APPROVED: Stephen errel1, MAYOR I:11W1*3In Shelley B. George; TY S Ordinance No. 2750-7-08, Page 2