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10&11-A Cope Assessment
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October 04, 2001
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10&11-A Cope Assessment
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Last modified
11/8/2005 11:23:47 AM
Creation date
10/1/2001 8:59:50 PM
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AGENDA
Item Number
10 and 11-A
AGENDA - Type
ORDINANCE
Description
Cope Sewer Extension Assessment
AGENDA - Date
10/4/2001
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specifically, and that such service is necessary to protect the public health, safety, and welfare, does <br />hereby find and determine and declare the need for sanitary sewer improvements as provided by the <br />project to the benefitted property, that such project is necessary to protect the public health, safety, <br />and welfare, and hereby directs that said project shall proceed in accordance with state law. <br /> <br /> Section 4. That the general nature and extent of the improvements to be provided by the <br />project shall be and is hereby identified as approximately 7,967 linear feet, more or less, of eight (8) <br />inch diameter PVC sanitary sewer line and appurtenances, installed in accordance with any and all <br />applicable city codes, such improvements to be located in those subdivisions generally described as <br />the Cope Addition, Suburban Estates Addition, Golden Acre Addition, and certain tracts of the E. <br />Crow Survey, along Meadowlark Street, Mockingbird Street, Cope Street, Pine Mill Road, Thomas <br />Drive, and Welch Circle in the city limits of the City of Paris. <br /> <br /> Section 5. That the detailed plans, specifications, and cost estimates for the project, <br />previously authorized by the City Council and submitted to the City Council by the engineering firm <br />of Hayter Engineering, shall be and are hereby in all things approved, ratified, and incorporated herein <br />by reference. <br /> <br /> Section 6. That the aforesaid project is hereby ordered for construction; that following the <br />acquisition of necessary easements for the installation of the project, as such acquisitions shall be <br />authorized by separate action of City Council, competitive bids shall be taken for the project; and that <br />the project shall be contracted for construction. <br /> <br /> Section 7. That pursuant to state law, the City Council finds and determines that the <br />benefitted properties as the same are described generally herein, and as are more specifically described <br />in Exhibit A attached here to and for all purposes incorporated herein, are and shall receive an <br />enhancement in value following the construction of the project equal to or in excess of the amount <br />shown in Exhibit A attached hereto. <br /> <br /> Section 8. That the City Council does hereby invoke and authorize the implementation of the <br />authority pursuant to Subchapter D of Chapter 402 of the Local Government Code to assess a <br />portion of the cost of the project against the benefitted property owners whose properties are <br />enhanced in value as determined herein. <br /> <br /> Section 9. That the City Council finds and determines, pursuant to Section 402.066 (c) of <br />the Local Government Code, that the application of the frontage foot rule for determining the amount <br />of assessment against each property would result in injustice and inequality as to the individual <br />property owners, due to the distinct nature of the properties, the difference in location of said <br />properties, the relative position of said properties to streets and roadways, the need to extend the <br />necessary sewer laterals to great lengths beyond and away from the actual street surfaces; and the <br />City Council hereby determines it would be fair and equitable to apportion those costs in the <br />proportion it considers just and equitable, taking into account the special benefits in enhanced value <br />to be received by the owners, and adjusting same as to produce a substantial equality of benefits <br />received and burdens imposed by utilizing the tributary area method, on a per acreage basis, as said <br /> <br />-4- <br /> <br /> <br />
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