07-B Subdivision RegulationsAGENDA INFORMATION SHEET
PROJECT: Consider an amendment to the Subdivision Ordinance of the City of Paris to require written
applications from subdividers who request participating aid from the City in the construction of streets, water
and sewer lines, and other utilities.
BACKGROUND: In the past, the City has encountered difficulties in verifying requests from subdividers
who believe they are entitled to participating aid from the City in the construction of streets, water and sewer
lines, and other utilities. Current provisions of the City's Subdivision Ordinance allow the City to provide
participating aid when there is an identified need by the City staff to extend the utilities being installed in a new
subdivision to serve future development elsewhere. However, there has been considerable confusion regarding
whether or not the installation of such utilities is necessary just to serve the subdivision or, simply because of
the relative size of the installations themselves, is necessary for future development.
During the course of Council's deliberations on some of these issues, the Council requested an ordinance
change be prepared to amend the Subdivision Ordinance to implement a process whereby a request for
participating aid from the subdivider would be in writing; would be forwarded to the City's engineering
department; and the appropriate response on whether or not the participating aid was approved would likewise
be in writing. Unless a developer follows this procedure, he would not be eligible for participating aid.
DESCRIPTION: The ordinance as written adds a new paragraph to Subsection 3 of Section IX of the City's
Subdivision Ordinance which outlines a requirement of the subdivider to file a formal written request for
participating aid when he believes he is entitled to such aid, requires the City Engineer to review said request,
and requires the City Engineer to approve the request for participating aid before the subdivider is eligible.
RECOMMENDED ACTION: Consideration of the proposed ordinance amendment.
STAFF CONTACT: Larry W. Schenk, City Attorney
COUNCIL DATE: Consider for approval at City Council's July 9, 2001, regular City Council meeting.
ADDITIONAL MATERIALS: See proposed ordinance amendment.
DRAFT
ALICE\ORDWORK\CURRENTkAmend Sec IV(3) of Ord No. 1315
June 26, 2001
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, AMENDING SECTION IX (3) OF ORDINANCE NO. 1315,
THE SUBDIVISION REGULATIONS OF THE CITY OF PARIS, TO
REQUIRE WRITTEN APPLICATIONS OF SUBDIVIDERS WHO REQUEST
PARTICIPATING AID FROM THE CITY OF PARIS IN THE
CONSTRUCTION OF STREETS, WATER AND SEWER LINES, AND
OTHER UTILITIES; MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Council has requested that the process for providing participating aid
to subdividers be clarified by requiring written application and written approval by City staff incident
to the aforesaid aid; and,
WHEREAS, the current Subdivision Ordinance of the City of Paris provides for participating
aid as appropriate for subdividers only in the event that streets, water and sewer lines, and other
utilities are oversized in order to provide for future development of the adjoining area; and,
WHEREAS, the City Council desires to adopt amendments to the Subdivision Ordinance
clarifying the process for subdividers receiving participating aid; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, 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 IX, entitled Participating Aid and Pro Rata Reimbursement Policy,
at Subsection (3), entitled Basis of Reimbursement, to the Subdivision Ordinance, Ordinance No.
1315, of the City of Paris, be and the same is hereby amended to read as follows:
"Section IX Participating Aid and Pro Rata Reimbursement Policy.
"(3) Basis of Reimbursement: As a prerequisite to the receipt of participating
aid from the City, a subdivider seeking said aid shall submit, along with the
construction plans required under Subsection G of this ordinance, a formal written
request for participating aid pursuant to the City's ordinances, citing the reasons why
said aid is appropriate, including specific reference to the section or sections of the
Ordinance for which said participating aid would be appropriate. In lieu of said letter
request, the City Engineer may specify a form prepared by the City upon which all
such requests must be made. Following receipt of said request, the City Engineer
shall review said request and formally respond to the subdivider by letter or
appropriate form advising the subdivider as to whether or not the request for
participating aid meets the requirements of the City's Subdivision Ordinance as
specified herein. No participating aid shall be appropriate for any construction in the
city of Paris unless said aid has been approved beforehand in writing before
construction begins and in accordance with this subsection.
"Any reimbursement due the owner or subdivider under this participating aid
policy shall be based on five (5) equal yearly installments. The first installment shall
be paid when twenty-five percent (25%) of the property affected is built upon, but this
first installment shall not be made before the beginning of the taxable year following
the year in which the Plat was recorded. The second installment shall be paid when
forty-five percent (45%) of the property affected is built upon. The third installment
shall be paid when sixty percent (60%) of the property affected is built upon. The
fourth installment shall be paid when seventy percent (70%) of the property affected
is built upon. The fifth and last installment shall be paid when eighty percent (80%)
of the property affected is built upon; however, no two (2) installments shall be made
payable during any one year regardless of the percent of property built upon."
Section 3. That all other ordinances or portions of ordinances in conflict with the terms and
provisions of this ordinance shall be and are hereby repealed to the extent of such conflict only.
Section 4. That, if any section, subsection, paragraph, or other portion of this ordinance is
declared invalid or unconstitutional by a court of appropriate jurisdiction for any reason, such
declaration shall not be held to invalidate or impair the validity, force, or effect of any other portion
of this ordinance.
Section 5. That this ordinance shall become effective on the 1 st day of August, 2001.
PASSED AND APPROVED this 9th day of July, 2001.
Michael J. Pfiester, Mayor
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney