05-D Alt. Sewer/Historic DistDRAFT
F:kAttorneykALICE\ORDWORK\CURRENTkAmend Sec X Ord 1315 - alternate sewer collectors Ord.wpd
June 13, 2003
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, AMENDING SECTION X OF ORDINANCE NO. 1315, THE
CITY SUBDIVISION ORDINANCE, TO PROVIDE A PROCESS FOR CITY
PARTICIPATION IN THE EXTENSION OF ALTERNATE SEWER
COLLECTORS FOR EXISTING STRUCTURES LOCATED IN HISTORIC
DISTRICTS; PROVIDING FOR A COST SHARING WITH OWNERS OF
STRUCTURES BENEFITTED FROM SAID SEWER LINE EXTENSION;
AUTHORIZING A CONTRACT ESTABLISHING AN ASSESSMENT AND
MEANS OF PAYING SAID COSTS OVER TIME; AUTHORIZING THE
COLLECTION OF SAID ASSESSMENTS WITH REGULAR MONTHLY
SEWER AND WATER BILLS; PROVIDING FOR A CONTRACTUAL LIEN;
PROVIDING FOR COLLECTION OF SAID LIEN; PROVIDING FOR
WITHHOLDING OF WATER AND SEWER SERVICE FOR NON-
PAYMENT OF ASSESSMENT; 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, in conjunction with other
governmental entities, private groups, and private individuals, has supported and participated in a
community-wide beautification program intended to remove junk, litter, and other unsightly materials,
generally improve blighted areas of the City, remove substandard buildings and structures, preserve
historically significant structures and areas, and protect and preserve the public health, safety, and
welfare, and generally improve the over-all appearance of the community; and,
WHEREAS, in pursuit of said goals, the City, among other actions, has adopted Article VII,
entitled Historic Preservation, to Chapter 7 of the Code of Ordinance of the City of Paris, known as
the Historic Preservation Ordinance, to provide for the preservation of significant historical landmarks
and properties within the City; and,
WHEREAS, the City has likewise adopted amendments to its Zoning Ordinance to provide
for the creation of areas designated as Historic Districts pursuant to the terms and provisions of the
Historic Preservation Ordinance and the Zoning Ordinance; and,
WHEREAS, the City Council finds and determines that structures located within Historic
Districts present special problems associated with construction, reconstruction, and rehabilitation of
said structures, and accessing sewer mains presents special problems associated with said historical
structures which require the adoption of special policies and regulations associated therewith to foster
and encourage the rehabilitation and reconstruction of structures located within the aforesaid Historic
District; NOW, THEREFORE,
BE IN 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 X, entitled Water and/or Sewage Utilities Not Available, to
Ordinance No. 1315, as amended, the Subdivision Ordinance of the City of Paris, shall be and is
hereafter amended to retain the existing provisions therein as Subsection A and adopt thereto a new
Subsection B dealing with the extension of alternative sewer collectors to structures located within
Historic Districts, said amended Section X to Ordinance No. 1315, as amended, to read as follows:
"Section X. Water and/or Sewage Utilities Not Available.
A. Generally. If a proposed subdivision is located beyond the drainage area of the
sewage collection system or beyond the area of the water distribution system the
subdivider shall be required to furnish, with his final plat, satisfactory evidence,
including (but without limitation) the results of soil tests and borings, and statements
from local and state health authorities, water engineers, and other proper officials, that
water satisfactory for human consumption may be obtained from surface or
subsurface water sources on the land and that soil conditions are such that satisfactory
sewage disposal can be provided by the use of approved septic tanks or similar
devices.
B. Structures located in Historic Districts.
(1) This Subsection B shall apply only to the extension of sewer service to
certain structures located in Historic Districts at the time said District was created and
designated in accordance with Article VII to Chapter 7 of the Code of Ordinances of
the City of Paris, the Paris Historical Preservation Ordinance.
(2) In those instances where the private sewer service line leading from an
existing structure to a City sewer collector has collapsed or is no longer functioning,
through no fault of the owner, and, because of its location adjacent to other
structures, repair or replacement of said private sewer line is no longer engineeringly
feasible and is financially impracticable, as certified by the City Engineer, then the City
may extend an alternative sewer collector to the structure, subject to the conditions
stated in this subsection.
(3) For the City to extend said collector, the owner of the structure must file
a request in writing on a form or forms satisfactory to the City requesting such
extension. The City Engineer shall review the request and if he so finds, shall certify
in writing to the City Council that the conditions stated in paragraph (2) with regard
to the private service line for said structure or structures exist. The City Engineer
shall also prepare a written estimate of the total cost of extending the alternative
sewer collector.
(4) The City Council shall review the City Engineer's findings, shall determine
if the conditions stated in paragraph (2) have been met, and shall determine if the City
has funds available to extend the alternative sewer collector.
(5) If the City Council approves the request, the City shall extend the
alternative sewer collector, subject to the following terms and conditions:
(a)
The owner or owners of the structure shall agree to pay one-half(i/2)
of the total actual cost of extending the sewer collector. The actual
cost shall be determined following construction of the alternative
sewer collector by the City and shall include all costs of construction,
materials, labor, right-of-way, and other costs associated with said
construction. Unless an assessment of the owner's one-half (1/2)
share of the cost is approved by the City Council as provided herein,
the owner shall deposit with the City prior to initiating the project an
amount equal to one-half (1/2) of the Engineer's estimate of the cost
of the project. Following completion of the project, an adjustment
shall be made, and the owner shall pay any additional amounts owed
or shall be reimbursed by the City for any excess amounts deposited,
based on the actual cost of the project.
(b)
At the discretion of the City Council, the one-half (1/2) share of the
cost of extending the collector may be collected by the City as an
assessment on the property, payable as part of the owner's water and
sewer bill in equal monthly installments for a period of time not to
exceed seven (7) years, at an interest rate established by the City
Council not to exceed ten percent (10%) per year.
(c)
The owner or owners shall execute a contract, in a form created by
the City Attorney, establishing the terms and conditions of said
contractual assessment.
(d)
By the terms of the contract, the contractual assessment against the
benefitted property shall be collectable with interest, cost of
collection, and reasonable attorneys' fees. The assessment shall be a
first and prior lien on the assessed property and the lien shall take
effect on the date of the execution of the contract by the City and the
owner. The contractual lien shall be superior to any and all other liens
or claims except a duly filed and perfected purchase money lien,
mechanics lien, or other state, county, school district, or municipal
property tax lien. The assessment shall be a personal liability and
charge against the owners of the assessed property on the date on
which the lien takes effect.
(e)
The City may file a copy of the contract or such other notice as the
City shall deem appropriate in the property records of Lamar County
to evidence the City's lien.
(f)
The City may enforce the aforesaid contractual lien against the
assessed property and the personal liability of the owner or owners of
the property by an action in court having jurisdiction, or by sale of the
assessed property in the manner provided by state law for the sale of
property for municipal property taxes.
(g)
The City may as an aid to enforcement of the liability imposed by the
assessment refuse to connect or may disconnect water or sewer
service to the property during the period in which there is a default in
the payment of any amount assessed as provided herein.
(6) Extension of an alternative sewer collector as provided herein shall not
relieve the owner or owners of the structure and the property of the responsibility and
cost associated with the extension of any necessary private sewer service line from the
structure to the point of connection with the new City collector, and the owner or
owners shall be responsible for all customary sewer tap fees or other costs and fees,
if any, associated with a new sewer connection."
Section 3. That this ordinance shall be effective from and after its date of passage.
PASSED AND APPROVED this 16th day of June, 2003.
Curtis Fendley, Mayor
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney