2001-045-ORD AMENDING SECTION IX (3) OF ORDINANCE NO 1315 THE SUBDIVISION REGULATIONS OF COP
ORDINANCE NO. 2001-045
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, AMENDING SECTION IX (3) OF ORDINANCE NO. 1315,
THE SUBDIVISION REGULATIONS OF THE CITY OF PARIS, TO
REQUIRE WRITTEN APPLICATIONS OF SUBDIVIDERS WHO REQUEST
PARTICIPATING AID FROM THE CITY OF PARIS IN THE
CONSTRUCTION OF STREETS, WATER AND SEWER LINES, AND
OTHER UTILITIES; MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Council has requested that the process for providing participating
aid to subdividers be clarified by requiring written application and written approval by City staff
incident to the aforesaid aid; and,
WHEREAS, the current Subdivision Ordinance of the City of Paris provides for
participating aid as appropriate for subdividers only in the event that streets, water and sewer
lines, and other utilities are oversized in order to provide for future development of the adjoining
area; and,
WHEREAS, the City Council desires to adopt amendments to the Subdivision Ordinance
clarifying the process for subdividers receiving participating aid; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1. That the fmdings set out in the preamble to this ordinance are hereby in all
things approved.
Section 2. That Section IX, entitled Participating Aid and Pro Rata Reimbursement Policy,
at Subsection (3), entitled Basis of Reimbursement, to the Subdivision Ordinance, Ordinance No.
1315, of the City of Paris, be and the same is hereby amended to read as follows:
"Section IX Participating Aid and Pro Rata Reimbursement Policy.
"
"(3) Basis of Reimbursement: As a prerequlSlte to the receipt of
participating aid from the City, a subdivider seeking said aid shall submit, along
with the construction plans required under Subsection G of this ordinance, a formal
written request for participating aid pursuant to the City's ordinances, citing the
reasons why said aid is appropriate, including specific reference to the section or
sections of the Ordinance for which said participating aid would be appropriate.
In lieu of said letter request, the City Engineer may specify a form prepared by the
City upon which all such requests must be made. Following receipt of said
request, the City Engineer shall review said request and formally respond to the
subdivider by letter or appropriate form advising the subdivider as to whether or
not the request for participating aid meets the requirements of the City's
Subdivision Ordinance as specified herein. No participating aid shall be
appropriate for any construction in the city of Paris unless said aid has been
approved beforehand in writing before construction begins and in accordance with
this subsection.
"Any reimbursement due the owner or subdivider under this participating
aid policy shall be based on five (5) equal yearly installments. The first installment
shall be paid when twenty-five percent (25 %) of the property affected is built upon,
but this first installment shall not be made before the beginning of the taxable year
following the year in which the Plat was recorded. The second installment shall
be paid when forty-five percent (45%) of the property affected is built upon. The
third installment shall be paid when sixty percent (60%) of the property affected
is built upon. The fourth installment shall be paid when seventy percent (70 %) of
the property affected is built upon. The fifth and last installment shall be paid
when eighty percent (80 % ) of the property affected is built upon; however, no two
(2) installments shall be made payable during anyone year regardless of the percent
of property built upon. "
Section 3. That all other ordinances or portions of ordinances in conflict with the terms
and provisions of this ordinance shall be and are hereby repealed to the extent of such conflict
only.
Section 4. That, if any section, subsection, paragraph, or other portion of this ordinance
is declared invalid or unconstitutional by a court of appropriate jurisdiction for any reason, such
declaration shall not be held to invalidate or impair the validity, force, or effect of any other
portion of this ordinance.
Section 5. That this ordinance shall become effective on the 1st day of August, 2001.
PASSED AND APPROVED this 9th day of July, 2001.
~'L.~
Michael J. Pfi r, or
ATTEST:
~>',,~..~-.r.- ~
Mattie Cunningham, City Clerk
APPROVED AS TO FORM: