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RESOLUTION NO. 87 -026 <br />WHEREAS, the City Manager of the City of Paris has <br />received a request from Mr. Lloyd Cunningham for a pro rata <br />sewer extension to serve his property at 950 N.E 31st <br />Street, said extension to begin at the Northwest corner of <br />Briarwood and 31st N. E. Street; thence in a Westerly <br />direction approximately 110 linear feet to the East right - <br />of -way of 31st N. E. Street; and, <br />WHEREAS, it is deemed appropriate to permit Lloyd <br />Cunningham to act as sponsor under the terms of Section IX <br />of Subdivision Ordinance No. 1315 of the City of Paris with <br />any refunds due under said ordinance being paid to Lloyd <br />Cunningham or his heirs or assigns; and, <br />WHEREAS, upon receipt of the above described request, <br />preliminary plans, specifications and estimate of the total <br />cost of the project were prepared and delivered to the City <br />Manager and considered at the regular council meeting on the <br />9th day of February, 1987, and a public hearing concerning <br />the same was set for March 9, 1987, at which time such <br />public hearing was held; and, <br />WHEREAS , of ter <br />public hearing, the <br />Lloyd Cunningham is <br />extension and to act <br />hearing the matters presented at the <br />City Council is of the opinion that <br />entitled to have a pro rata sewer <br />as sponsor for said project; and, <br />WHEREAS, such project should be known as the 900 Block, <br />31st Street N.E., Pro Rata Sewer Line Extension Project <br />which has a total estimated cost of $1,100.00; the front <br />foot method for apportioning cost would be inequitable due <br />to the fact that there are only two possible beneficiaries <br />and therefore, each should bear one -half of the cost as <br />follows: one -half to number 950 31st Street N.E., being Lot <br />5, City Block 316 and one -half to number 970 31st Street N. <br />E., being Lot 5A, City Block 316; NOW, THEREFORE, <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF <br />PARIS, That the pro rata sewer line extension beginning at <br />the Northwest corner of Briarwood and 31st Street N. E., <br />thence in a Westerly direction approximately 110 linear feet <br />to the East right -of -way line of 31st Street N. E. to serve <br />Lots 5 and 5A, City Block 316 is hereby approved and shall <br />be known as 900 Block, 31st Street N.E., Pro Rata Sewer Line <br />Extension Project; and, A <br />BE IT FURTHER RESOLVED, That Lloyd Cunningham act as <br />sponsor of said pro rata sewer main extension and pay the <br />total construction cost; and, <br />BE IT FURTHER RESOLVED, That the front foot rule would <br />not be equitable and the alternate method described above of <br />dividing the total. cost of said extension, limited to the <br />estimated cost, one -half each to Lot 5 and to Lot 5A <br />aforesaid is found to be equitable and is adopted as the <br />method to be used for refunding the cost of the sewer main <br />extension to sponsor, Mr. Lloyd Cunningham, his heirs or <br />assigns; and, <br />BE IT FURTHER RESOLVED, That the City Manager, Michael <br />E. Malone, be, and he is hereby authorized and directed to <br />proceed with said project and to execute a pro rata contract <br />with Lloyd Cunningham upon the completion of the project <br />providing for refund of pro rata charges collected under sub <br />paragraph (1) of paragraph B of Section IX of Ordinance 1315 <br />