Loading...
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