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2009-021-ORD AMENDING APPLICATION AND FEE FOR WATER AND SEWER TAP FEESORDINANCE NO. 2009 -021 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING SECTION 344(a), APPLICATION AND FEE FOR WATER AND SEWER TAPS, OF CHAPTER 34 OF THE CODE OF ORDINANCES, OF THE CITY OF PARIS, TEXAS TO REVISE AND UPDATE THE WATER AND SEWER TAP FEES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the rates charged for water and sewer taps in the City of Paris were last adjusted in 2005. WHEREAS, material costs, equipment costs and labor costs have increased since May, 2005, and the City needs to amend its water and sewer tap rates to keep up with these costs; and, WHEREAS, the City Council deems it appropriate to assess a portion of those costs on the parties seeking such water and sewer connections pursuant to said Code of Ordinances; and, WHEREAS, the Texas Local Government Code, the City Charter, and the Constitution and laws of the State of Texas authorize the City to assess appropriate water and sewer tap fees incident to providing such services within the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 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 34 -4(a) of the Code of Ordinances of the City of Paris, Paris, Texas, be, and the same is hereby, amended to read as follows: "Sec. 34 -4. Application and fee for water and sewer taps. (a) Each person desiring a water or sewer tap within the City shall make application to the department of community development and shall pay a fee for each such tap as follows: (1) Each standard water tap in or across a hard - surfaced street, one thousand three hundred eight dollars ($1,380.00). (2) Each standard sewer tap in or across a hard - surfaced street, one thousand two hundred eight dollars ($1,280.00). (3) Each standard water tap in or across an unimproved or dirt street, or in an area not in a public street, seven hundred thirty dollars ($730.00). (4) Each standard sewer tap in or across an unimproved or dirt street, or in an area not in a public street, six hundred forty dollars ($640.00)." Section 3. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4. That the repeal of any ordinance or part of ordinances affected by the enactment of this ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this ordinance. Section 5. That it is the intention of the City Council of the City of Paris that this ordinance, and every provision hereof, shall be considered severable, and the invalidity or partial invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any other portion of this ordinance. Section 6. That any person violating any provision of this ordinance shall be guilty of a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with provisions of Sec. 1 -6 of Chapter One of the City of Paris Code of Ordinances, and each and every day's continuance of any violation of the above - enumerated sections shall constitute and be deemed a separate offense. Section 7. Introduced and read on first reading on May 26, 2009, at a regular meeting of the City Council of the City of Paris and read and passed on second reading on June 8, 2009, at a regular meeting of the City Council of the City of Paris; the same being two (2) separate regular meetings of the City Council of the City of Paris. Section 8. That this ordinance shall become effective from and after its passage of the second reading and publication as required by law. PASSED AND ADOPTED on second and final reading this 8th day of June, 2009. ATTEST: , nice Ellis, City Clerk APPROVED AS TO FORM: Kent McIlyar, C' Attorney