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2426 ORD AMENDING SECTION IX OF ORDINANCE NO 1315 OF COP ESTABLISHING SYSTEM FOR REIMBURSEMENT FOR EXTENSIONS OF WATER AND SEWER ORDINANCE NO. 2426 AN ORDINANCE AMENDING SECTION IX OF ORDINANCE NO. 1315 OF THE CITY OF PARIS, ESTABLISHING A SYSTEM FOR RE- IMBURSEMENT FOR EXTENSIONS OF WATER AND SEWER TO DEVELOP A TRACT OR LOT; REPEALING A PORTION OF PARA- GRAPH (5), SECTION IX OF ORDINANCE NO. 1315; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF JANUARY 1, 1979. BE IT ORDA INED BY THE CITY COUNCIL OF THE CITY OF PA RIS: Section l. That Section IX of Ordinance No. 1315 of the City of Paris shall be amended to read as follows: "Section IX. Participating Aid and Pro-Rata Reimbursement Policy. A. The City of Paris shall participate in the cost of re- quired improvements within an addition on the following basis: (1) Capital Outlay. (2) Time of Reimbursement. (3) Basis of Reimbursement. (4) Streets. (5) Sewer--Water. The subdivider shall be reimbursed the difference between the estimated cost of the con- struction of the system required to serve the addition and the actual cost of the construction he may be required to build. B. In the event that 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 and has not been in service longer than fifteen (15) years. The pro-rata charge shall be determined by total front footage of the property multi - plied 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 com- puted 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 on which the contract has ex- pired. (2) Cost Per Foot for Extension. (a) The cost per foot for each main shall be computed at the time of construction by dividing the total cost for the main extension by the total front Eootage of all property which abuts this main and could be served by the extension. (b) The total cost of the extension and the cost per foot shall be computed by the City Engineer and recorded with the City Clerk for each separate exten- sion. (c) The City of Paris may require larger than the standard 6" or greater diameter lines necessary to serve an individual owner or developer in order to provide for future development of an area. In this event, the costs over and above the cost of 6" or greater pipe and installation will be paid by the City of Paris and will not be included in the cost per foot assessed to the abutting property owners. (3) Procedure for Pro-Rata Reimbursement. (a) Any individual owner o developer desiring a pro-rata participation contract with the City of Paris, for the purpose of extending to his property water or sewer service, shall make such request to the City Manager of the City of Paris. (b) Upon receipt of a request for pro-rata contract for water or sewer, the City Engineer shall prepare preliminary plans, specifications and an es - timate of the total cost of the project, and deliver the same to the City Manager in order that the same may be placed upon the agenda of the next regular meeting of the City Council for the purpose of setting a public hearing. Notice of such public hearing shall be by advertisement one (1) time in a newspaper pub- lished in the City of Paris, which notice of hearing shall be made at least twenty-one (21) days before the date of the hearing, and additional written notice of the hearing shall be given by depositing in the United States Mail at least fourteen (14) days before the date of the hearing, written notice of such hearing, postage prepaid, in an envelope addressed to the owners of the respective properties abutting such water or sewer extension, as the names of such owners are shown on the current tax rolls of the City of Paris and at the address so shown. Said public hearing shall be conducted no sooner than fifteen (15) days after notice of the same is deposited in the United States Mail addressed to each property owner as his name and address appears upon the current tax rolls of the C.ity of Paris. Said notice shall have sufficient postage to meet the requirements of the United States Mails and shall describe the limits of the proposed water or sewer extension and the estimated cost of the same. (c) After the closing of the public hearing, the City Council shall determine if there shall be a pro- rata extension. If the Council so approves a pro-rata extension, the City Manager is authorized to proceed with the project and to execute a pro-rata contract with sponsor upon completion of the project providing for refund of pro -rata charges collected under Sub - paragraph (1) of this Paragraph, so long as the same does not exceed the estimated cost of the project. (4) Contracts for Pro-Rata Refund. (a) Any individual or developer making an au- thorized 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 to such extension, within fifteen (15) years of the date of the pro-rata contract covering such extension. (b) A contract between the City of Paris and the sponsor shall be executed at the time of comple - tion 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, the maximum amount of refund which may be paid to the original sponsor and the date of expiration after which pro-rata charges will not be collected. The contract herein described shall be binding upon all parties, their heirs and assigns for fifteen (15) years from and after the date of said contract. (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 expiration date shall be fifteen (15) years after the date of the pro-rata contract. The sponsor shall not have rights to any funds except those which may be collected from pro-rata charges under said contract. In no case shall the total pay - ments made to the City of Paris and refunded to the sponsor exceed the maximum amount shown in the contract. (5) City of Paris May Act As Sponsor. At the di- rection 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. (6) Alternate Method, Where Front Foot Inequitable. (a) The intent and purpose of this Section is to provide an equitable charge for water and sanitary sewer service extensions, and to provide a method whereby an original sponsor of construction may be re- imbursed for a portion of their original cost for ex- tensions, which also serve other properties; based on the front footage of property served. (b) In case property or tract of land is so situated or shaped that the front foot rule is not an equitable basis, then the City Council shall determine the proper charges in accord with the intent of this Section. (7) Ownership of Mains, No Vested Rights. (a) All facilities constructed under the provi- sions of this S e c t i o n shall become the property of the City of Paris, and extension thereto may be made at any time. (b) No person shall acquire any vested rights under the terms of this Section. Section 2. That Ordinance No. 1315, Section IX (5), be amended by deleting the following sentences: "In the event that the City water and/or sewage system to serve the addition is not within one hundred (100) feet of the subdivision to be served, the subdivider shall be reimbursed for the cost of the extension necessary to connect his subdivision systems to the City's water and/or sewage system. This refund to be based on the same reimbursements schedule as set forth herein. " Section 3. All ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. Section 4. This ordinance shall become effective on January l, 1979. Passed and adopted this llth day of December, 1978. . ichael E. alone, Mayor A TTEST: r H. C. Gree e, City Clerk APP OVE S TO FORM: ; ~ T. , aynes, City ttorney