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1987-026-RES WHEREAS, the City Manager of the City of Paris has received a request from Mr. Lloyd Cunningham for a RESOLUTION NO. 87_026 WHEREAS, the City Manager of the City of Paris has received a request from Mr. Lloyd Cunningham for a pro rata sewer extension to serve his property at 950 N.E 31st Street, said extension to begin at the Northwest corner of Briarwood and 31st N. E. Street; thence in a Westerly direction approximately 110 linear feet to the East right- of-way of 31st N. E. Street; and, WHEREAS, it is deemed appropriate to permit Lloyd Cunningham to act as sponsor under the terms of Section IX of Subdivision Ordinance No. 1315 of the City of Paris with any refunds due under said ordinance being paid to Lloyd Cunningham or his heirs or assigns; and, WHEREAS, upon receipt of the above described request, preliminary plans, specifications and estimate of the total cost of the project were prepared and delivered to the City Manager and considered at the regular council meeting on the 9th day of February, 1987, and a public hearing concerning the same was set for March 9, 1987, at which time such public hearing was held; and, WHEREAS, after hearing the matters presented at the public hearing, the City Council is of the opinion that Lloyd Cunningham is entitled to have a pro rata sewer extension and to act as sponsor for said project; and, WHEREAS, such project should be known as the 900 Block, 31st Street N.E., Pro Rata Sewer Line Extension Project which has a total estimated cost of $1,100.00; the front foot method for apportioning cost would be inequitable due to the fact that there are only two possible beneficiaries and therefore, each should bear one-half of the cost as follows: one-half to number 950 31st Street N.E., being Lot 5, City Block 316 and one-half to number 970 31st Street N. E., being Lot 5A, City Block 316; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the pro rata sewer line extension beginning at the Northwest corner of Briarwood and 31st Street N. E., thence in a Westerly direction approximately 110 linear feet to the East right-of-way line of 31st Street N. E. to serve Lots 5 and 5A, City Block 316 is hereby approved and shall be known as 900 Block, 31st Street N.E., Pro Rata Sewer Line Extension Project; and, BE IT FURTHER RESOLVED, That Lloyd Cunningham act as sponsor of said pro rata sewer main extension and pay the total construction cost; and, BE IT FURTHER RESOLVED, That the front foot rule would not be equitable and the alternate method described above of dividing the total cost of said extension, limited to the estimated cost, one-half each to Lot 5 and to Lot 5A aforesaid is found to be equitable and is adopted as the method to be used for refundin.,. tene ('o"te of tene "eweT mAin of the City of Paris; however, in no case shall the total construction cost for pro rating the cost exceed the estimated project cost of $1,100.00 which total cost is to be pro rated one-half to Lot 5 and one-half to Lot 5A each in City Block 316 and paid to Lloyd Cunningham, sponsor. Passed and adopted this 9th day of March, 1987. ~b.. -4' Bi Y Burnett, Mayor ATTEST: , ~~\."'~~"'~~~ Mattie Cunning am, C~ y C er APPROVED ~- T. K. aynes, City Attorney