25.E
<br />Mayor Burnett called for consideration and action on a request of Bill
<br />Abbott for deviations from current City policies for extension of City
<br />Water System and a variance of the requirements of the Fire Code.
<br />City Manager Malone advised the Council that a number of errors have been
<br />made on part of current, past City staff, past City Councils, and
<br />apologized to Mr. Abbott and Mr. Talyor for various information received
<br />from members of the City staff in error, and advised that there will be
<br />persons designated with whom citizens need to visit when making such
<br />request, they will be given a list of those things that must be
<br />considered regarding request for water service, sewer service,
<br />development of property, and try to standardize this as much as we can.
<br />City Manager Malone told the Council that he feels the confusion
<br />regarding Mr. Abbotts property dates back to 1982 when deviations from
<br />city policies, that were in effect at that time, and are now in effect
<br />occurred. City Manager Malone explained that prior to 1982, the North
<br />Paris Baptist Church on Highway 271 North, which was outside the city
<br />limits, they requested out of City water service, and signed a contract
<br />with the city for this service. There are a number of clauses in the
<br />contract, and one of those prevents them from giving service to anyone
<br />else on their line The Church paid to extend that 2" water line. At
<br />the present time, we have excavated that line where it ties on (a tap on
<br />a 10" main that ended on Stone Ave), and in the ground there is a 3/4"
<br />tap which goes north to the church. City Manager Malone said in his
<br />opinion, the line is the City of Paris's to the point where this line
<br />connects. to the two water meters on the south boundary line of Abbott's
<br />Furniture, the reason being, Mr. Abbott, with permission of the Church,
<br />tied on to this line as he was building Abbott's Furniture, the Church
<br />members were unaware of the contract with the City, and allowed Mr.
<br />Abbott to make this tap on to this private service line. Later it came
<br />to the attention of the Church, at that time, 'Mr. Abbott requested the
<br />City Council to approve his connection of the 2 water line of the N.
<br />Baptist Church. The matter went before the City Council April 21, 1982,
<br />and minutes reflect that City Manager, Bob Sokell, presented the
<br />request. Mr. Abbott appeared before the Council making this request, and
<br />after discussion, a motion was made approving the request for out of town
<br />water service, and Councilman Larry McGee requested that the City
<br />consider annexation of this property, and an item be placed on the next
<br />agenda. In June 1982 the annexation was on the agenda, and Mr. Abbott
<br />appeared before the Council requesting that 'the Council consider a larger
<br />area for annexation rather than just his property, and requested that the
<br />Council give him free sewer service for his business and in the
<br />discussion, Mr. Abbott had questioned the City as to why they wanted him
<br />to pay a tap fee, and have a city meter set on a private service line
<br />owned by the Church. City Manager Sokell said this is what he would
<br />need to do to get city water service, and as you know, at the previous
<br />meeting water service had been granted. When Mr. Abbott came to the City
<br />to pay the fee, his fee was not accepted by the City Engineering
<br />Department because they assumed this was a private service line. On June
<br />14, 1982, the City Manager insisted that the 2" private service line had
<br />become a city main with the annexation of the property up to the south
<br />boundary line of the property, and in that meeting the Council decided
<br />that the city would build a sewer line from the point where it ended up
<br />to the south boundary line of the Abbott's property. The City Manager
<br />made it clear that Mr. Abbott would have to set a meter, and pay a tap
<br />fee, he made that argument on the basis that he did not feel it was city
<br />policy for two customers to be served by one service line because there
<br />would be only one minimum bill. Following this meeting, the water meter
<br />that had served the church was moved north to the south boundary line of
<br />Abbott's Furniture, and a water meter was set there for Abbott's
<br />Furniture, which Mr. Abbott paid for. City Manager Malone contended that
<br />there were no objection made, and it seemed to be the understanding of,
<br />the Council that they accepted responsibility for the service line
<br />calling it a city main. The argument has been centered around what the
<br />city policy is, plus a great deal of confusion because there are several
<br />drawings that exist, as to which drawing is a true representation
<br />regarding what is in the ground. City Manager Malone said he felt that
<br />the City's 10" main ended at Stone Ave, a 3/4" tap was there tied into a
<br />2" line, the 2" line went up the Highwayis Right -of -way to the south
<br />boundary line of the Church. The City Council diverted from the City
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