98-064 ORD PROVIDING THE CODE OF ORDINANCES BE AMENDED BY REVISING SECTION IX OF ORDINANCE NO 1315; PRO RATA CHARGES ON WATER AND SEWER LINESORDINANCE NO. 98-064
AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT
THE CODE OF ORDINANCES, CITY OF PARI5, BE AMENDED BY REVISING
5ECTION IX OF ORDINANCE NO. 1315 OF THE CITY OF PARIS; PROVIDING FOR
THE COLLECTION OF PRO RATA CHARGES ON WATER AND SEWER LINES;
PROVIDING A REPAYMENT PLAN WHEN THE CITY OF PARIS ACTS AS SPONSOR;
PROVIDING FOR A PENALTY NOT TO EXCEED $500.00; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE OF DECEMBER 1, 1998.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS:
Section 1. That Section IX of Ordinance No. 1315 of the City of Paris, be, and the same
is hereby, amended so that such shall read as follows:
"Section IX. Participating Aid and Pro Rata Reimbursement Policy.
"The City of Paris shall participate in the cost of required improvements within
an addition on the following basis:
«
"(5) Sewer--Water.
«
`B. In the event the city water and/or sewage system is not available at
the subdivision site, the subdivider has available the following pro
rata procedure:
"(1) Collection of pro rata charge.
"(a) A pro rata charge shall be collected for the first
water and/or sewer tap made to serve a property if
the water or sewer main was constructed after
December 31, 1978, but before December 1, 1998,
and has not been in service longer than fifteen (15)
years. If the water or sewer main was constructed
after December 1, 1998, a pro rata charge shall be
collected for the first water and/or sewer tap made to
serve a property regardless of the length of time said
main has been in service. The pro rata charge shall
be determined by total front footage of the property
multiplied times the cost per foot for the new line
which is being tapped. The cost per foot for each
new main shall be recorded by the city clerk and
shall be computed as defined hereafter in
subparagraph (2).
"(b) No pro rata charge shall be made on any water or sewer
main which was not constructed under a pro rata contract or
by the City of Paris.
<<
"(4) Contracts for pro rata refund.
"(a) Any individual or developer making an authorized
pro rata extension or deposits into the water and
sewer fund for such an extension of water or sewer
mains which cross property not owned or under
direct control of said individual or developer shall
receive any funds which may be collected from pro
rata charges to other property owners making
connection of such extensions.
"(b) A contract between the City of Paris and the sponsor
shall be executed at the time of completion of
construction and shall state the price per front foot or
other proper charges as determined by the city
council which shall be charged as pro rata charges
and the maximum amount of refund which may be
paid to the original sponsor. The contract herein
described shall be binding upon all parties, their
heirs and assigns until such time as all amounts due
under said contract have been collected.
"(c) The maximum amount of refund due a sponsor shall
be the original cost, less the pro rata charges due for
property owned or controlled by the sponsor. The
sponsor shall not have rights to any funds except
those which may be collected from the pro rata
charges under said contract. In no case shall the
total payments made to the City of Paris and
refunded to the sponsor exceed the maximum shown
in the contract.
"(5) City of Paris may act as sponsor. At the direction of the city
council, when deemed necessary for protection of health and
welfare in undeveloped areas, the City of Paris may extend lines and
act in the capacity of sponsor under the terms of this section. In this
event, any refunds due under the pro rata charges shall be paid to
the City water and sewer fund.
"(a) Any reimbursement due to the City under this subsection
shall be based on a period of time not to exceed seven (7)
calendar years from the time the first water and/or sewer tap
is made to serve a property. The length of time granted for
reimbursement and the frequency of payments shall be at the
discretion of the city council and shall be based upon the
amount of the pro rata charges. No reimbursement shall
incur any interest.
"(b) As a condition of making a water and/or sewer tap, property
owners shall be required execute a loan agreement with the
City of Paris for reimbursement of the pro rata charges,
which agreement shall be a lien on the property affected and
shall be filed with the county clerk.
"(c) In the event of monthly payments under the loan agreement,
and at the option of the owner of the property affected, such
charges may be added to the owner's monthly water bill.
Section 2. Any person violating any of the provisions of this ordinance shall be guilty of
a Misdemeanor and, upon conviction, shall be fined in any sum not to exceed $500.00, and each
and every day's continuance of any violation of the above-enumerated section shall constitute and
be deemed a separate offense.
Section 3. All ordinances or parts of ordinances in conflict herewith are hereby expressly
repealed.
Section 4. This ordinance shall become effective on December 1, 1998.
PASSED AND ADOPTED this 9th day of November, 1998.
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
Scott P. Foster, City Attorney