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06-A Cope Pro Rata OrdinanceDRAFT ALICE\ORDWORK\CURRENT\Cope Project Ordinance 11-12-01 November 7, 2001 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, DETERMINING THE NEED FOR SANITARY SEWER SYSTEM IMPROVEMENTS TO PROVIDE SANITARY SEWER SERVICE IN SUBDIVISIONS GENERALLY DESCRIBED AS THE COPE ADDITION, SUBURBAN ESTATES ADDITION, GOLDEN ACRE ADDITION, AND CERTAIN TRACTS IN THE E. CROW SURVEY, ALONG MEADOWLARK STREET, MOCKINGBIRD STREET, COPE STREET, PINE MILL ROAD, THOMAS DRIVE, WELCH CIRCLE AND 46TH STREET N.E. WITHIN THE CITY LIMITS OF THE CITY OF PARIS, TEXAS; STATING THE GENERAL NATURE AND EXTENT OF SAID IMPROVEMENTS; DECLARING THE IMPACT OF THE PROJECT IN ENHANCING THE VALUE OF INDIVIDUAL PROPERTIES; INVOKING THE AUTHORITY OF THE CITY UNDER SUB-CHAPTER D OF CHAPTER 402 OF THE TEXAS LOCAL GOVERNMENT CODE TO ASSESS AGAINST THE PROPERTY AND PROPERTY OWNERS THEREOF A PORTION OF THE COST OF SAID IMPROVEMENTS; CLOSING THE PUBLIC HEARING ON AND ESTABLISHING THE AMOUNT OF ASSESSMENT AND THE TIME, TERMS, AND CONDITIONS OF PAYMENT AND DEFAULT; PROVIDING FOR CERTIFICATES; PROVIDING FOR LIENS; PROVIDING FOR PERSONAL LIABILITY; PROVIDING FOR REMEDIES FOR NON- PAYMENT; PROVIDING A REPEALER; PROVIDING A SEVERABILITY CLAUSE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris, Paris, Texas, at its regular Council meeting of June 14, 1999, considered preliminary plans, specifications, and estimates of total cost for a project to extend a new sanitary sewer line to the Cope Addition along Meadowlark, Mockingbird, Cope, and Pine Mill Streets; and, WHEREAS, thereafter, City Council conducted a public hearing on July 12, 1999, regarding the said project; and, WHEREAS, after conducting said public hearing, the City Council adopted Resolution No. 99-085 on July 12, 1999, declaring a need for a project then known as the Pro Rata Sanitary Sewer Extension for the Cope Addition, including estimated cost thereof; and, WHEREAS, the City Council thereafter instructed and directed the plans and specifications be prepared for expanding the aforesaid project to include extension of sanitary sewer service to other properties not originally included in the project; and, WHEREAS, the City Council thereafter received detailed plans, specifications, and cost estimates for the proposed expanded project; and, WHEREAS, the City Council, at its regular meeting of August 13,2001, thereafter adopted Resolution No. 2001-130, whereby it was found and determined that the original project should be expanded to include other properties not originally included therein, and concurrently approving plans and specifications and estimates of cost for the expanded project as set out therein; and, WHEREAS, the City Council by adoption of said resolution likewise authorized a public hearing on the issue of assessing the cost of said expanded project against the property owners whose property would be enhanced in value by said project; and, WHEREAS, the City Council thereafter adopted Resolution No. 2001-161 on the 17th day of September, 2001, resetting the date of the public hearing to consider the aforesaid project, said public hearing being called for Thursday, October 4, 2001, at 6:00 p.m.; and, WHEREAS, the City Council conducted a public hearing on Thursday, October 4, 2001, at 6:00 p.m. and allowed all interested citizens and property owners to comment on the proposed project, stating their views both for and against, and stating other matters as the same may be relevant to the proposed project; and, WHEREAS, the City Council thereafter adopted Resolution No. 2001-174, approved and adopted on October 4, 2001, setting the date of a second public hearing to consider the aforesaid project, to allow a further opportunity for interested citizens and property owners to comment on the proposed project, said second public hearing to be conducted on Monday, November 12, 2001, at 6:00 p.m.; and, WHEREAS, the City Council finds and determines that due notice of all public hearings as required by state law was provided by publishing notice of said public hearings in a local newspaper at such frequency and at such time intervals as is required by state law, and; WHEREAS, the City Council further finds and determines that actual notice of all public hearings incident to the process of assessment was given to all affected property owners by certified mail, return receipt requested, at such frequency and time intervals as is required by state law; and, WHEREAS, the City Council has determined to conduct said public hearing and to allow all citizens to comment on the proposed project, stating their views both for and against, and stating other matters as the same may be relevant to the proposed project; and, WHEREAS, the City Council, having reviewed the proposed plans and specifications for the aforesaid project, finds and determines said project is necessary for the protection of the health and welfare of the citizens and properties located within the area of the proposed project, and is necessary to provide adequate sanitary sewer service to the affected citizens within the proposed project area, thereby protecting the health, safety, and welfare of the public as a whole; and, WHEREAS, the City Council finds and determines the project should be expanded to provide sanitary sewer service to property owners located in subdivisions generally described as the Cope Addition, Suburban Estates Addition, Golden Acre Addition, and certain tracts in the E. Crow Survey, along Meadowlark Street, Mockingbird Street, Cope Street, Pine Mill Road, Thomas Drive, Welch Circle and 46th Street N.E.; and, WHEREAS, the City Council finds and determines the aforesaid project should be conducted pursuant to and assessments levied under the authority granted to the City by Subchapter D of Chapter 402 of the Texas Local Government Code; 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 the following definitions shall apply to this ordinance: "Benefitted Property" shall mean a lot or tract to which sanitary sewer service is made available pursuant to the project. "Project" shall mean sanitary sewer system improvements, as that term is defined herein, to provide sanitary sewer service to property owners and properties located in subdivisions generally described as the Cope Addition, Suburban Estates Addition, Golden Acre Addition, and certain tracts in the E. Crow Survey along Meadowlark Street, Mockingbird Street, Cope Street, Pine Mill Road, Thomas Drive, Welch Circle, and 46th Street N.E., within the City Limits of the City of Paris, Texas, the same consisting of approximately 7,967 linear feet, more or less, of eight (8) inch diameter PVC sanitary sewer line and appurtenances, as said project is further described as to its location and construction by the maps, plans, and specifications prepared for said project as instructed and directed by the City Council by Hayter Engineering, a copy of which is incorporated herein by reference. "Sewer System Improvements" shall mean the laying of mains, laterals, and extensions and all appliances and necessary adjuncts required for the sanitary disposal of excreta and offal from the area in which the improvements are made as described herein, but shall not include off-site mains, laterals, and extensions and appliances and adjuncts necessary to connect the improvements to the City's existing sewer system. "The 'Act' or 'State Law" shall mean and refer to Subchapter D of Chapter 402 of the Texas Local Government Code, including any and all amendments thereto. "Cost of Improvement" shall include engineering expenses, fiscal fees, and other expenses incident to the construction of improvements to the sanitary sewer system pursuant to the project, as the aforesaid project is described herein. Section 3. That the City Council of the City of Paris, Paris, Texas, having reviewed proposed plans and specification, having received input from the general public, having received petitions from interested and affected citizens, and having found and determined that the provision of sanitary sewer service is a necessary and proper service provided by municipalities in general and the City of Paris specifically, and that such service is necessary to protect the public health, safety, and welfare, does hereby find and determine and declare the need for sanitary sewer improvements as provided by the project to the benefitted property, that such project is necessary to protect the public health, safety, and welfare, and hereby directs that said project shall proceed in accordance with state law. Section 4. That the general nature and extent of the improvements to be provided by the project shall be and is hereby identified as approximately 7,967 linear feet, more or less, of eight (8) inch diameter PVC sanitary sewer line and appurtenances, installed in accordance with any and all applicable city codes, such improvements to be located in those subdivisions generally described as the Cope Addition, Suburban Estates Addition, Golden Acre Addition, and certain tracts of the E. Crow Survey, along Meadowlark Street, Mockingbird Street, Cope Street, Pine Mill Road, Thomas Drive, Welch Circle, and 46th Street N.E. in the city limits of the City of Paris. Section 5. That the detailed plans, specifications, and cost estimates for the project, previously authorized by the City Council and submitted to the City Council by the engineering firm of Hayter Engineering, shall be and are hereby in all things approved, ratified, and incorporated herein by reference. Section 6. That the aforesaid project is hereby ordered for construction; that following the acquisition of necessary easements for the installation of the project, as such acquisitions shall be authorized by separate action of City Council, competitive bids shall be taken for the project; and that the project shall be contracted for construction. Section 7. That pursuant to state law, the City Council finds and determines that the benefitted properties as the same are described generally herein, and as are more specifically described in Exhibit A attached here to and for all purposes incorporated herein, are and shall receive an enhancement in value following the construction of the project equal to or in excess of the amount shown in Exhibit A attached hereto. Section 8. That the City Council does hereby invoke and authorize the implementation of the authority pursuant to Subchapter D of Chapter 402 of the Local Government Code to assess a portion of the cost of the project against the benefitted property owners whose properties are enhanced in value as determined herein. Section 9. That the City Council finds and determines, pursuant to Section 402.066 (c) of the Local Government Code, that the exclusive application of the frontage foot rule for determining the amount of assessment against each property would result in injustice and inequality as to a portion of the individual property owners, due to the distinct nature of the properties, the difference in location of said properties, the relative position of said properties to streets and roadways, the need to extend the necessary sewer laterals to great lengths beyond and away from the actual street surfaces; and the City Council hereby determines it would be fair and equitable to apportion those costs in the proportion it considers just and equitable, taking into account the special benefits in enhanced value to be received by the owners, and adjusting same as to produce a substantial equality of benefits received and burdens imposed, by assessing the cost for each individual property on the basis of the lesser amount, as determined by application of the frontage foot rule and/or the tributary area method on a per acreage basis, as said tributary area method is described in Exhibit A, attached hereto; the amount actually assessed to be the lesser of the two amounts so determined for each property utilizing the two assessment procedures. Section 10. That the amount of assessment for each property under this ordinance shall be and is hereby set out in Exhibit A, attached hereto and for all purposes incorporated herein, and said amount is hereby declared and ordered to be assessed against the individual properties and property owners described in Exhibit A hereto. Section 11. That the aforesaid assessment shall be due and payable in eighty-four (84) equal monthly payments due and payable as an additional charge to the water bill of each property served under the project, or individually billed by separate monthly statement at the City's choice, provided no monthly payment for said assessment shall be less than twenty-five dollars ($25.00), and provided further that if said payments shall be made on a timely basis, then no interest shall be assessed thereon. Section 12. That in order for such payment of said assessment to be timely made payment must be made in accordance with the requirements for timely payment of the accompanying water bill (or in the case of a prior disconnection of the water service thereto or otherwise at the City's choice, payment of a regular monthly statement forwarded to the property owner on the same basis as a monthly water bill), and in the event of a failure to make timely payment, then the City may assess interest in an amount not to exceed 10% per annum against any payment in arrears beginning ten (10) days after the payment is due. Such penalty and interest to be payable in addition to any and all other remedies under state law which the City may invoke as the result of non-payment of the aforesaid assessment. Section 13. That, in addition to imposing penalties and interest as provided herein, in the event that assessments are not timely paid, the City may pursue foreclosure of any lien claimed or filed against the property as provided herein or pursuant to state law; may pursue as a personal liability against the owner of said property at the time the assessment is made the cost of recovery of said assessment, by bringing an action in a court having lawful jurisdiction over such matters; may pursue sale of the assessed property in the manner provided by state law or the City Charter in the same manner as the City may sell property for municipal property taxes; or the City may refuse to connect or may disconnect water or sewer service to a parcel of benefitted property during the period in which there is a default in the payment of the amount assessed; or the City may refuse water or sewer service to the owner of such property until the owner pays the City the assessment made against the property. All assessments hereunder are collectable with interest, cost of collection, and reasonable attorneys fees. Section 14. That the City Council does hereby authorize at the City Manager's discretion the issuance in the name of the City of assignable certificates as evidence of the assessments levied hereunder, thereby declaring a lien on the property and the personal liability of the owners, whether named correctly or not, against whose property such assessment is made. The terms and conditions of the certificates hereby authorized shall be the same as those terms and conditions set out herein for payment of the assessment. Any certificates so issued shall substantially state that the required proceeding relating to the project and the improvements referred to in the certificate has been held in compliance with state law and all prerequisites to the fixing of an assessment lien against the property described in the certificate and the personal liability of the owner of the property has been performed. The certificate shall be prima facie evidence of all matters recited therein, and further proof shall not be required. In any suit on an assessment or reassessment in evidence of which a certificate may be issued under this ordinance, it shall be sufficient to allege the substance of the recitals in the certificate and that those recitals are true. Further allegations with reference to the proceedings related to the assessment shall not be necessary. Section 15. That there is hereby assessed and levied a lien for payment of the assessments made hereunder, such lien to be assessed and placed against the benefitted property as described in Exhibit A attached hereto. Such assessment shall be a first and prior lien on the assessed property, taking effect on the date that any notice of proposed improvements shall be made as required under Section 402.067 of the Local Government Code. Said lien shall be and is hereby claimed superior to any other lien or claim except a State, County, School District, or Municipal Property Tax Lien. Section 16. That the assessment made hereunder shall be and is hereby further designated as a personal liability and charge against the owners of the assessed property on the date on which the aforesaid lien takes effect, whether or not the owners are named in a notice, instrument, certificate, or this ordinance, provided further that such personal liability shall be claimed in the first instance against those owners as named in Exhibit A attached hereto. Section 17. That the City Council does hereby authorize the City Manager, the Finance Director, the City Clerk, or the City Attorney to file a notice or notices with the County Clerk of Lamar County, Texas, signed by one of the officers designated herein on behalf of the City stating that the City Council has determined by order of this ordinance that sewer system improvements as identified herein are necessary, and further identifying the required improvements by location or otherwise, and stating that a portion of the cost of the improvements, as said portion is stated herein, is to be and has been specially assessed as a lien against the benefitted property, as such property is described in Exhibit A attached hereto. It is not necessary that said notice give details or be sworn to or acknowledged; the notice may be filed at any time, but when such notice is filed, the same shall be recorded by the County Clerk in the records of mortgages or deeds of trust for Lamar County and shall be indexed in accordance with state law. Section 18. That all property, including church and school property, shall be subject to assessment authorized for the project under this ordinance. However, the lien authorized and affixed herein against the real property as shown in Exhibit A that is exempt from the lien of a special assessment for local improvements under the Constitution of this State shall likewise be exempt from the affixation of the lien authorized herein. The exemption from the affixation of said lien, however, shall not exempt from and the owner shall continue to be personally liable for the assessment made in connection with the project as authorized herein. Section 19. That any and all other terms and provisions or requirements of Subchapter D, Chapter 402 of the Local Government Code shall be and are hereby incorporated into this ordinance as if specifically set out herein. Section 20. That the City Council finds and determines that a public hearing as required under Subchapter D to Chapter 402 of the Local Government Code has been properly noticed and conducted in accordance with said statute, and that by adoption of this ordinance, the aforesaid public hearing is likewise officially closed. Section 21. That no part of the assessment authorized hereunder shall mature before the acceptance by the City of the improvements which constitute the project as described herein. Section 22. That the City of Paris is a Home Rule Municipality, and does hereby reserve unto it all the rights and authorities extended to Home Rule Municipalities pursuant to Section 402.075 of the Local Government Code, including the right of the City to pay cash to the contractor who is the successful bidder on the project that part of the cost assessed against the owner and the benefitted property, to thereafter reimburse itself by levying the assessment authorized herein against the benefitted property, to reimburse itself up to the amount of the enhancement and value represented by the aforesaid benefits, and to issue assignable certificates in favor of the City as set out herein. The City likewise reserves its rights to use its own forces to make a portion of the improvements constituting the project if such work could be performed more expeditiously and economically in that manner. Section 23. That if any section, paragraph, sentence, clause, phrase or other part of this ordinance shall be declared unlawful, unconstitutional, or otherwise unenforceable by a court of appropriate jurisdiction, such declaration of unenforceability shall not affect the lawfulness and enforceability of the remainder of the terms of this ordinance, it being the intent of the City Council that the terms and provisions of this ordinance are severable. Section 24. That any and all prior ordinances or resolutions in conflict with this ordinance shall be and are hereby repealed to the extent of such conflict only. Section 25. That this ordinance shall be effective December 1,2001. PASSED AND ADOPTED this 12th day of November, 2001. ATTEST: Michael J. Pfiester, Mayor Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney PRO-RATA SEWER EXTENSION "COPE ADDITION" Based on the tributary area method or modified frontage foot method, whichever is less, in accordance with Section 402.066, Texas Local Government Code. The minimum enhanced value and amounts of assessments are as follows: SUBURBAN ESTATE SUBDIVISION TRIBUTARYI FRONTAGE FRONTAGE COST TO BE LOT BLOCK OWNER ACREAGE AREA COST FOOT FOOT COST ASSESSED 1,2,3,4 A BURROWS 1.092 $2,806.71 400 $5,148.00 $2,806.71 5 A RATLIFF 0.43 $1,105.21 125 $1,608.75 $1,105.21 1 B BUSTER 0.344 $884.17 100 $1,287.00 $884.3 / 2, 3 B STONE 0.688 $1,768.33 200 $2,574.00 $1,768.33 4 B WISE 0.344 $884.17 100 $1,287.00 $884.1 / 5 B HARPER 0.344 $884.17 100 $1,287.00 $884.1 / 6 B BROWN, JEFFERY 0.344 $884.17 100 $1,287.00 $884.1 / 7 B OFFUTT 0.344 $884.17 100 $1,287.00 $884.1 / 8 B MOORE 0.344 $884.17 100 $1,287.00 $884.1 / 9, 10 B rVlOWERY 1.033 $2,655.07 300 $3,861.00 $2,655.u / 11 B 'GURLEY 0.344 $884.17 100 $1,287.00 $884.1 ,' 12 B BISHOP 0.344 $884.17 100 $1,287.00 $884,17 13 B JENKINS 0.344 $884.17 100 $1,287,00 $884.17 14 B MORGAN 0.344 $884.17 100 $1,287.00 $884.17 15 B BAGGERLY 0.344 $884.17 100 $1,287.00 $884.17 16 B HUTSON 0.344 $884.17 100 $1,287.00 $884.17 17, 18 B LOVELL 0.688 $1,768.33 200 $2,574.00 $1,768.33 1 C WHITAKER 0.344 $884.17 100 $1,287.00 $884.17 2 C BRYAN 0.344 $884.17 100 $1,287.00 $884.17 3 C BAZAZZADEH 0.344 $884.17 100 $1,287.00 $884.17 4 C PRICE 0,344 $884.17 100 $1,287.00 $884.17 5 C ROCK RADER PROPERTIES, INC 0,344 $884.17 100 $1,287.00 $884.17 6, 7 C GRAEF 0,689 $1,770,90 200 $2,574.00 $1,770.90 8 C SMALLWOOD 0.344 $884.17 100 $1,287.00 $884.17 9 C BROWN, KENNETH 0.344 $884.17 100 $1,287.00 $884.17 10 C BRUNSON 0,344 $884.17 100 $1,287.00 $884.17 11, 12 C HUDGENS 0,681 $1,750.34 198 $2,548.26 $1,750.34 13 C WALKER 0.351 $902.16 102 $1,312,74 $902.16 1 D IONES 0,344 $884.17 100 $1,287.00 $884.17 2 D LANE 0.344 $884.17 100 $1,287.00 $884.17 3 D MORGAN 0.344 $884.17 100 $1,287.00 $884.17" 4,Pt of 5 D ROBERTS 0,351 $902,16 102 $1,312.74 $902.16 6 D :ORTNER 0.344 $884,17 100 $1,287.00 $884.17 Pt of 5 D RENDSLAND 0,337 $866.17 98 $1,261.26 $866.17 1 E BROOKS 0.43 $1,105.21 125 $1,608.75 $1,105,21 2 E SKINNER 0,344 $884.17 I00 $1,287.00 $884.17 3 E HOPSON 0.344 $884.17 100 $1,287.00 $884.17 4 E ELLIOTT 0.344 $884.17 100 $1,287.00 $884,17 5 E LOVE 0.344 $884.17 100 $1,287.00 $884.17 6,7 E PARSON 0.68 $1,747.77 200 $2,574.0(~ $1,747.77 PRO-RATA SEWER EXTENSION "COPE ADDITION" SUBDIVIDED PROPERTIES TRIBUTARY FRONTAGE FRONTAGE COST TO BE TRACT # OWNER ACREAGE AREA COS? FOOT FOOT COST ASSESSED 31 SKAGGS, HOWARD 0.46 $1,182.32 100 $1,287.00 $1,182.32 3 COOPER, MAXINE 0.45 $1,156.61 98 $1,261.26 $1,156.61 13 HAYNES, LOTA 0.45 $1,156.61 98 $1,261.26 $1,156.61 6 SCOTT, MARGIE 0.45 $1,156.61 98 $1,261.26 $1,156.61 16 THOMPSON, LEMUEL & JUNE 0.45 $1,156.61 98 $1,261.26 $1,156.61 14 MAXWELL, DIANNE FULLER 0.45 $1,156.61 98 $1,261.26 $1,156.61 5, 12 HAYES, COYLE M 0.9 $2,313.23 196 $2,522.52 $2,313.23 18 LONG, STEPHEN & CAROL 0.45 $1,156.61 98 $1,261.26 $1,156.61 10 KENNEMER, RAYA 0.725 $1,863.43 158 $2,033.46 $1,863.43 9 LINDSEY, FLOYD & CAROLYN 0.45 $1,156.61 100 $1,287.00 $1,156.61 33 EDWARDS, DAVID & KATHLEEN 0.31 $796.78 100 $1,287.00 $796.78 62 SMITH, MAUDIE M 0.15 $385.54 64.89 $835.13 $385.54 20 ANNETT, NATALIE MARCEAL 0.45 $1,156.61 98 $1,261.26 $1,156.61 6A BROWN, JIMMY& DORRA 0.45 $1,156.61 98 $1,261.26 $1,156.61 57 RICKABY, ROBERT & PATRIClA 0.45 $1,156.61 98 $1,261.26 $1,156.61 15 FANGIO, ALFRED T 0.45 $1,156.61 98 $1,261.26 $1,156.61 39 DRAPER, BRANDY& JODIE 0.45 $1,156.61 98 $1,261.26 $1,156.61 4 SKIDMORE, ROBERT L 0.45 $1,156.61 98 $1,261.26 $1,156.61 19 SHARP 0.34 $873.89 100 $1,287.00 $873.89 43 PEACE, VERNON D 1.848 $4,749.82 406.2 $5,227.79 $4,749.82 71 CALANTONIO, MARIA 0.47 $1,208.02 100 $1,287.00 $1,208.02 30 GRIFFIN, DOVIE PEARLENE 0.39 $1,002.40 85 $1,093.95 $1,002.40 32 EXUM, LOIS & SHARON 2.479 $6,371.65 199 $2,561.13 $2,561.13 63 SKIDMORE, G L & LOUISE 3.95 $101152.49 260 $3,346.20 $3,346.20 69 SCOTT, LOLETTA 0.66 $1,696.37 130 $1,673.10 $1,673.10 1 WRIGHT, JAMES & WANDA 0.278 $714.53 100 $1,287.00 $714.53 58 BOOTH, WELDON & SHIRLEY 0.45 $1,156.61 98 $1,261.26 $1,156.61 11 HOLLAND, BENJAMIN D 0.18 $462.65 79 $1,016.73 $462.65 7 PRATER1 MARY LOUISE 0.46 $1,182.32 98 $1,261.26 $1,182.32 22,47 STIDHAM 1.15 $2,955.79 250 $3,217.50 $2,955.79 26 BURROWS, STEVE 0.76 $1,953.39 80 $1,029.60 $1,029.60 27 BURROWS, DOUG 0.5 $1,285.13 95 $1,222.65 $1,222.65 29 HERRON, HERBERT 0.39 $1,002.40 85 $1,093.95 $1,002.40 53 FOX, EDWARD B 0.39 $1,002.40 85 $1,093.95 $1,002.40 38 WELCH, GOLDIE THOMAS 4.01 $10,306.70 450 $5,791.50 $5,791.50 70 BAKER, RONNIE & LINDA 0.73 $1,876.28 400 $5,148.00 $1,876.28 35A HOWARD, W L & KATHRYN 0.4 $1,028.10 100 $1,287.00 $1,028.10 36A, 36 ~ BURROW, MARION D 1.263 $3,246.23 200 $2,574.00 $2,574.00 23 STAPLETON G L 2.52 $6,477.03 130 $1,673.10 $1,673.10 64 GIBBONS, CLYDE & DEBBY 4.88 $12,542.82 225 $2,895.75 $2,895.75 35 ANTHONY, HUGH & NELLIE 3.45 $8,867.36 160 $2,059.20 $2,059.20 PRO-RATA SEWER EXTENSION "COPE ADDITION" GOLDEN ACRES SUBDIVISION TRIBUTARY FRONTAGE FRONTAGE COST TO BE LOT BLOCK OWNER ACREAGE AREA COST FOOT FOOT COST ASSESSED 1 A JONES, RODNEY 0.268 $688.83 92.7 $1,193.05 $688.83 2 A CATE 0.27 $693.97 88.2 $1,135.13 $693.97 3 A CATO 0.3 $771.08 73.14 $941.31 $771.08 4 A HUBBARD 0.229 $588.59 64.3 $827.54 $588.59 5 A KING 0.2 $514.05 55.8 $718.15 $514.05 6 A RHODES 0.256 $657.98 129.1 $1,661.52 $657.98 7 A MCFADDEN 0.4 $1,028.10 82.34 $1,059.72 $1,028.10 8 A STEWART 0.448 $1,151.47 90 $1,158.30 $1,151.47 9, 10 A CHANDLER 0.937 $2,408.32 233.7 $3,007.72 $2,408.32 1 B RAY 0.26 $668.27 94.4 $1,214.93 $668.27 2 B CLAY 0.266 $683.69 95 $1,222.65 $683.69 3 B KERSH 0.268 $688.83 95 $1,222.65 $688.83 4 B MCFADDEN 0.43 $1,105.21 110 $1,415.70 $1,105.21 5 B VERDOME 0.47 $1,208.02 100 $1,287.00 $1,208.02 1,2 C BARTON 0.61 $1,567.85 223 $2,870.01 $1,567.85 3 C CAMPBELL 0.3 $771.08 110 $1,415.70 $771.08 4 C NORRELL 0.29 $745.37 110 $1,415.70 $745.37 TOTALS 63.627 $163,537.30 12706.77 $163,636.13 $126,464.37 Cost of the Collector lines Total project cost $438,228.00 $723,969.00 TRIBUTARY AREA METHOD The total drainage area that is not currently being served with Sewer by the City of Paris is 170.5 Acres Acreage of the properties to be accessed is 63.635 acres The percentage of the cost to be accessed will be 63.635 acres divided by 170.5 acres 63.627 / 170.5 = 0.373 37.3% Pement The cost of the Collector portion of the sewer lines is $438,228 The cost to be accessed is $438,228.00 times 0.373 = $163,537 The cost per acre is $163,537 divided by 63.627 = $2,570.25/acre FRONTAGE FOOT METHOD The total frontage foot for property to be assessed is Cost from tributary area method (pementage of the cost) is The percentage cost divided by the frontage foot = 12706.77 $163,537.44 $12.87/frontage foot The cost assessed to each individual homeowner is the lessor of the amount calculated under the tributary area method or the frontage foot method. Lawrence G. Ray 4545 Thomas Dr. Paris, Texas 75642 October 30, 2001 In re: Assessment Program for Sanitary Sewer System Improvements; Notice of Public Hearing Dear Mr. Ray: The City of Paris is considering implementation of an assessment program to assess adjacent property owners for a portion of the cost of sanitary sewer system improvements, the cost of laying the mains, laterals, extensions, and all appliances and necessary adjuncts required thereto, to provide sanitary sewer service to property owners located in subdivisions generally described as the Cope Addition, Suburban Estate Addition, Golden Acres Addition, and certain tracts in the E. Crow Survey, along Meadowlark, Mockingbird, Cope, Pine Mill Road, Thomas Drive, Welch Circle and 46th Street N.E. The program is being implemented pursuant to the provisions of Subchapter D of Chapter 402 of the Local Government Code. The proposed sanitary sewer improvements will consist of approximately 12,756 linear feet of eight (8) inch diameter PVC sanitary sewer line and appurtenances. The estimated cost for each property owner is the lesser of $2,570.25 per acre or portion thereof served by said improvements based on the tributary area method, or $12.87 per frontage foot based on the modified frontage foot method. Property owners subject to such an assessment pursuant to the provisions of state law will be assessed. The estimated total cost of the sanitary sewer system improvements as described herein is $723,969.00, $438,228.00 for collector lines, with $125,464.31 estimated to be subject to assessment. Individual assessments are shown in the enclosed attachment. This letter is to inform you of a public hearing to be held before the City Council on Monday, November 12, 2001 at 6:00 p.m. at Paris Junior College Applied Technology Building, Room 1016, at 2400 Clarksville, Paris, Texas, concerning the proposed assessment program. As a property owner whose property can be benefitted and served by this project and subject to assessment, you are invited to make your views known by attending this public hearing. Thank you. Yours very truly, /ap Attachment Michael E. Malone City Manager