2001-071-ORD DETERMINING NEED FOR SANITARY SEWER SYSTEM IMPROVEMENTS IN SPECIFIC SUBDIVISIONS

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Section 18. That all property, including church and school property, shall be subject to assessment authorized for the project under this ordinance. However, the lien authorized and affixed herein against the real property as shown in Exhibit A that is exempt from the lien of a special assessment for local improvements under the Constitution of this State shall likewise be exempt from the affixation of the lien authorized herein. The exemption from the affixation of said lien, however, shall not exempt from and the owner shall continue to be personally liable for the assessment made in connection with the project as authorized herein. Section 19. That any and all other terms and provisions or requirements of Subchapter D, Chapter 402 of the Local Government Code shall be and are hereby incorporated into this ordinance as if specifically set out herein. Section 20. That the City Council finds and determines that a public hearing as required under Subchapter D to Chapter 402 of the Local Government Code has been properly noticed and conducted in accordance with said statute, and that by adoption of this ordinance, the aforesaid public hearing is likewise officially closed. Section 21. That no part of the assessment authorized hereunder shall mature before the acceptance by the City ofthe improvements which constitute the project as described herein. Section 22. That the City of Paris is a Home Rule Municipality, and does hereby reserve unto it all the rights and authorities extended to Home Rule Municipalities pursuant to Section 402.075 ofthe Local Government Code, including the right ofthe City to pay cash to the contractor who is the successful bidder on the project that part ofthe cost assessed against the owner and the benefitted property, to thereafter reimburse itselfby levying the assessment authorized herein against the benefitted property, to reimburse itself up to the amount of the enhancement and value represented by the aforesaid benefits, and to issue assignable certificates in favor ofthe City as set out herein. The City likewise reserves its rights to use its own forces to make a portion of the improvements constituting the project if such work could be performed more expeditiously and economically in that manner. Section 23. That if any section, paragraph, sentence, clause, phrase or other part of this ordinance shall be declared unlawful, unconstitutional, or otherwise unenforceable by a court of appropriate jurisdiction, such declaration of unenforceability shall not affect the lawfulness and enforceability ofthe remainder ofthe terms ofthis ordinance, it being the intent of the City Council that the terms and provisions ofthis ordinance are severable. Section 24. That any and all prior ordinances or resolutions in conflict with this ordinance shall be and are hereby repealed to the extent of such conflict only. Section 25. That this ordinance shall be effective December 1, 2001.