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2003-027-ORD AMENDING SECTION X OF ORDINANCE NO 1315 IN EXTENSION OF ALTERNATE SEWER COLLECTORS ORDINANCE NO. 2003-027 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING SECTION X OF ORDINANCE NO. 1315, THE CITY SUBDMSION ORDINANCE, TO PROVIDE A PROCESS FOR CITY PARTICIPATION IN THE EXTENSION OF ALTERNATE SEWER COLLECTORS FOR EXISTING STRUCTURES LOCATED IN mSTORIC DISTRICTS; PROVIDING FOR A COST SHARING WITH OWNERS OF STRUCTURES BENEFITTED FROM SAID SEWER LINE EXTENSION; AUTHORIZING A CONTRACT ESTABLISHING AN ASSESSMENT AND MEANS OF PAYING SAID COSTS OVER TIME; AUTHORIZING THE COLLECTION OF SAID ASSESSMENTS WITH REGULAR MONTHLY SEWER AND W ATERBILLS; PROVIDING FORA CONTRACTUAL LIEN; PROVIDING FOR COLLECTION OF SAID LIEN; PROVIDING FOR WITHHOLDING OF WATER AND SEWER SERVICE FOR NON- PAYMENT OF ASSESSMENT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DAT E. WHEREAS, the City Council of the City of Paris, Paris, Texas, in conjunction with other governmental entities, private groups, and private individuals, has supported and participated in a community-wide beautification program intended to remove junk, litter, and other unsightly materials, generally improve blighted areas of the City, remove substandard buildings and structures, preserve historically significant structures and areas, and protect and preserve the public health, safety, and welfare, and generally improve the over-all appearance of the community; and, WHEREAS, in pursuit of said goals, the City, among other actions, has adopted Article VII, entitled Historic Preservation, to Chapter 7 of the Code of Ordinance of the City of Paris, known as the Historic Preservation Ordinance, to provide for the preservation of significant historica1landmarks and properties within the City; and, WHEREAS, the City has likewise adopted amendments to its Zoning Ordinance to provide for the creation of areas designated as Historic Districts pursuant to the terms and provisions of the Historic Preservation Ordinance and the Zoning Ordinance; and, WHEREAS, the City Council finds and determines that structures located within Historic Districts present special problems associated with construction, reconstruction, and rehabilitation of said structures, and accessing sewer mains presents special problems associated with said historical structures which require the adoption of special policies and regulations associated therewith to foster and encourage the rehabilitation and reconstruction of structures located within the aforesaid Historic District; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That Section X, entitled Water and/or Sewage Utilities Not Available, to Ordinance No. 1315, as amended, the Subdivision Ordinance of the City of Paris, shall be and is hereafter amended to retain the existing provisions therein as Subsection A and adopt thereto a new Subsection B dealing with the extension of alternative sewer collectors to structures located within Historic Districts, said amended Section X to Ordinance No. 1315, as amended, to read as follows: "Section X. Water and/or Sewage Utilities Not Available. A. Generally. If a proposed subdivision is located beyond the drainage area of the sewage collection system or beyond the area of the water distribution system the subdivider shall be required to furnish, with his final plat, satisfactory evidence, including (but without limitation) the results of soil tests and borings, and statements from local and state health authorities, water engineers, and other proper officials, that water satisfactory for human consumption may be obtained from surface or subsurface water sources on the land and that soil conditions are such that satisfactory sewage disposal can be provided by the use of approved septic tanks or similar devices. B. Structures located in Historic Districts. (1) This Subsection B shall apply only to the extension of sewer service to certain structures located in Historic Districts at the time said District was created and designated in accordance with Article VII to Chapter 7 of the Code of Ordinances of the City of Paris, the Paris Historical Preservation Ordinance. (2) In those instances where the private sewer service line leading from an existing structure to a City sewer collector has collapsed or is no longer functioning, through no fault of the owner, and, because of its location adjacent to other structures, repair or replacement of said private sewer line is no longer engineeringly feasible and is financially impracticable, as certified by the City Engineer, then the City may extend an alternative sewer collector to the structure, subject to the conditions stated in this subsection. (3) For the City to extend said collector, the owner of the structure must file a request in writing on a form or forms satisfactory to the City requesting such extension. The City Engineer shall review the request and if he so finds, shall certify in writing to the City Council that the conditions stated in paragraph (2) with regard to the private service line for said structure or structures exist. The City Engineer shall also prepare a written estimate of the total cost of extending the alternative sewer collector. (4) The City Council shall review the City Engineer's findings, shall determine if the conditions stated in paragraph (2) have been met, and shall determine if the City has funds available to extend the alternative sewer collector. (5) If the City Council approves the request, the City shall extend the alternative sewer collector, subject to the following terms and conditions: (a) The owner or owners of the structure shall agree to pay one-half (1/2) of the total actual cost of extending the sewer collector. The actual cost shall be determined following construction of the alternative sewer collector by the City and shall include all costs of construction, materials, labor, right-of-way, and other costs associated with said construction. Unless an assessment of the owner's one-half (1/2) share of the cost is approved by the City Council as provided herein, the owner shall deposit with the City prior to initiating the project an amount equal to one-half (112) of the Engineer's estimate of the cost of the project. Following completion of the project, an adjustment shall be made, and the owner shall pay any additional amounts owed or shall be reimbursed by the City for any excess amounts deposited, based on the actual cost of the project. (b) At the discretion of the City Council, the one-half (1/2) share of the cost of extending the collector may be collected by the City as an assessment on the property, payable as part of the owner's water and sewer bill in equal monthly installments for a period of time not to exceed seven (7) years, at an interest rate established by the City Council not to exceed ten percent (10 %) per year. ( c) The owner or owners shall execute a contract, in a form created by the City Attorney, establishing the terms and conditions of said contractual assessment. (d) By the terms of the contract, the contractual assessment against the benefitted property shall be collectable with interest, cost of collection, and reasonable attorneys' fees. The assessment shall be a first and prior lien on the assessed property and the lien shall take effect on the date of the execution of the contract by the City and the owner. The contractual lien shall be superior to any and all other liens or claims except a duly filed and perfected purchase money lien, mechanics lien, or other state, county, school district, or municipal property tax lien. The assessment shall be a personal liability and charge against the owners of the assessed property on the date on which the lien takes effect. (e) The City may file a copy of the contract or such other notice as the City shall deem appropriate in the property records of Lamar County to evidence the City's lien. (f) The City may enforce the aforesaid contractual lien against the assessed property and the personal liability of the owner or owners of the property by an action in court having jurisdiction, or by sale of the assessed property in the manner provided by state law for the sale of property for municipal property taxes. (g) The City may as an aid to enforcement of the liability imposed by the assessment refuse to connect or may disconnect water or sewer service to the property during the period in which there is a default in the payment of any amount assessed as provided herein. (6) Extension of an alternative sewer collector as provided herein shall not relieve the owner or owners of the structure and the property of the responsibility and cost associated with the extension of any necessary private sewer service line from the structure to the point of connection with the new City collector, and the owner or owners shall be responsible for all customary sewer tap fees or other costs and fees, if any, associated with a new sewer connection." Section 3. That this ordinance shall be effective from and after its date of passage. PASSED AND APPROVED this 16th day of June, 2003. ATTEST: ~~i~.4~ Mattie Cunningham, City Clerk APPROVED AS TO FORM: