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:
;
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T. , aynes, City ttorney