City of Paris, TX Exhibit 9A Subdivision Ordinance

(Ordinance 2146, sec. 1(a), adopted 5/14/73; Ordinance 2439, secs. 1, 2, adopted 3/12/79)

ORDINANCE NO. 1315[1]

AN ORDINANCE PRESCRIBING RULES AND REGULATIONS GOVERNING PLATS, PLANS AND SUBDIVISION OF LAND WITHIN THE CORPORATE LIMITS AND THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF PARIS; CONTAINING CERTAIN DEFINITIONS; PROVIDING FOR A PRELIMINARY PLAT, A FINAL PLAT, AND PROVIDING FOR FINAL APPROVAL OF SUBDIVISIONS BY SECTIONS; PRESCRIBING REGULATIONS FOR STREETS, SIDEWALKS, ALLEYS, CURBS AND GUTTER, SANITARY SEWERS AND WATER MAINS, STORM SEWERS AND OTHER DRAINAGE STRUCTURES, PUBLIC UTILITIES, PARKS AND PLAYGROUNDS; PROVIDING FOR A PENALTY OF NOT LESS THAN TWO HUNDRED ($200.00) DOLLARS FOR EACH VIOLATION THEREOF; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING A SAVING CLAUSE AND PROVIDING AN EFFECTIVE DATE.

Whereas, under the laws of the State of Texas, hereafter every owner of any tract of land situated within the corporate limits of the City of Paris, or within the extraterritorial jurisdiction of such City, who may hereafter divide the same in two (2) or more tracts for the purpose of laying out any subdivision of such tract of land or any addition to said City of Paris, or for laying out suburban lots or building lots, and streets, alleys or parks and other portions intended for public use, or the use of purchasers or owners of lots fronting thereon or adjacent thereto, are required to submit a plat of such subdivision or addition for approval by the City Planning Commission of the City of Paris, except when only two (2) platted lots are affected or two (2) unplatted lots are created and no easements, dedications, or rights-of-way are required for public use and the owner provides a recordable surveyor’s plat and recording fee; however lots created under this exception cannot be redivided, using the procedure established in this exception; and

Whereas, the City Council of the City of Paris is empowered by law to promulgate and establish the general plan of said City and its streets, alleys, parks, public utility facilities, including those which have been or may be layed out, together with the general plan for the extension of such City and of its roads, streets and public highways within said City and within the extraterritorial jurisdiction thereof; NOW THEREFORE,

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS:

Editor’s note–The preamble was amended by Ordinance 2146 adopted 5/14/73; the title and the preamble were amended by Ordinance 2439 adopted 3/12/79.

[1] Editor's note–Ordinance 2012-040 adopted 12/10/02 added section I and renumbered sections I– XX as sections II–XXII.

I Purpose.

In accordance with the laws of the State of Texas, every owner of land located within the corporate limits of the City of Paris, or within the extraterritorial jurisdiction of the City of Paris, who divides the tract in two (2) or more parts for the purpose of laying out a subdivision of the tract including addition to the City of Paris, or for laying out suburban lots or building lots, and streets, alleys or parks and other portions intended for public use, or the use of purchasers or owners of lots fronting thereon or adjacent thereto, are required to submit a plat of such subdivision or addition for approval by the City Planning Commission of the City of Paris. The City hereby creates an exception to these requirements when four (4) or fewer platted lots are affected or four (4) or fewer unplatted lots are created and no easements, dedications, or rights-of-way are required for public use and the owner provides a recordable surveyor’s plat and recording fee; however lots created under this exception cannot be re-divided, using the procedure established in this exception.

The City Council of the City of Paris is empowered by law to promulgate and establish the general plan of said City and its streets, alleys, parks, public utility facilities, including those which have been or may be layed out, together with general plan for the extension of such City and of its roads, streets and public highways within said City and within the extraterritorial jurisdiction thereof.

On and after the passage of this Ordinance any person, firm or corporation seeking approval of any plat, plan or replat of any subdivision of land within the corporate limits or within the extraterritorial jurisdiction of the City of Paris shall be required to comply with the requirements of this ordinance before such approval may be granted.

(Ordinance 2012-040, sec. 2, adopted 12/10/12)

II Definitions.

For the purpose of interpreting this ordinance, certain words used herein are defined as follows:

(1) 

Shall -

The word “shall” wherever used in this ordinance will be interpreted in its mandatory sense.

(2) 

City -

The word “City” shall be the City of Paris, Texas, together with all its governing and operating bodies.

(3) 

Council -

The word “Council” or “City Council” shall be the duly elected governing body of the City of Paris.

(4) 

Commission -

The word “Commission” or “Planning Commission” or “Zoning Commission” shall be the official City Planning and Zoning Commission of the City of Paris, Texas, as appointed by the City Council.

(5) Any office referred to in this ordinance by title, i.e., City Attorney, City Clerk, City Engineer, Director of Public Works shall be the person so retained in this position by the City, or his duly authorized representative.

(6) 

Engineer -

The word “Engineer” shall be the City Engineer of the City of Paris.

(7) 

Master plan -

The phrase “master plan” shall be the comprehensive plan of the City and adjoining areas as adopted by the City Planning and Zoning Commission including all its revisions. This plan indicates the general locations recommended for various land uses, transportation routes, public and private buildings, streets, parks, and other public and private developments and improvements.

(8) 

Subdivision -

The word “subdivision” or “addition” shall be any division of any lot, tract or parcel of land into two (2) or more lots or sites for the purpose, whether immediate or future, of sale or of building development. It also includes re-subdivision or replatting of land, lots, or tracts except as hereafter provided in Section VII(B). Divisions of land for agricultural purposes, in parcels of five (5) acres or more shall not be included within this definition, unless any such division of five (5) acres or more includes the planning or development of new street or access easement.

(9) 

Preliminary plat -

The phrase “preliminary plat” shall be any plat of any lot, tract, or parcel of land that is not to be recorded of record, but is only a proposed division of land for review and study by the City.

(10) 

Final plat -

The phrase “final plat” shall be any plat of any lot, tract, or parcel of land requested to be recorded of record in the Deed Records of Lamar County Court House after having been approved by the City Council of the City of Paris or by the Commissioners Court of Lamar County as provided for by County subdivision regulations.

(11) 

Replatting -

The word “replatting” shall be the re-subdivision of any part or all of any block or blocks of a previously platted subdivision, addition, lot, or tract, except as hereinafter provided in Section VII(B).

(12) 

Street width -

The word “street width” shall be the shortest distance between the lines which delineate the rights-of-way of a street.

(13) 

Building line -

The words “building line” shall be a line beyond which buildings must be set back from the street or road right-of-way line on which the property fronts.

(14) 

Local street -

The phrase “local street” shall be a street which is intended primarily to serve traffic within a neighborhood or limited residential district, and which is not necessarily continuous through several residential districts.

(15) 

Collector street -

The phrase “collector street” shall be a street which is continuous through several residential districts and is intended as a connecting street between residential districts and arteries or business districts.

(16) 

Arterial street -

The phrase “arterial streets” shall be principal traffic thoroughfares more or less continuous across the City which are intended to connect remote parts of the City or areas adjacent thereto, and act as principal connecting streets with State and Federal Highways.

(17) 

Estate street -

The phrase “Estate Street” shall be [mean] a street which is intended primarily to serve traffic within an area zoned Single-Family Dwelling District No. One (SF-1), and which is not necessarily continuous through several residential districts.

(18) 

Extraterritorial jurisdiction -

The phrase “extraterritorial jurisdiction” shall mean that unincorporated area contiguous to the corporate limits of the City of Paris to the extent described in Article 970a, Vernon’s Annotated Texas Statutes.

(Ordinance 2146, sec. 1(b)–(d), adopted 5/14/73; Ordinance 2439, sec. 3, adopted 3/12/79; Ordinance 83-036, sec. 1, adopted 6/13/83; Ordinance 2012-040, sec. 2, adopted 12/10/12)

III Procedure.

Any owner or developer of any lot, tract or parcel of land located within the corporate limits or within the extraterritorial jurisdiction of the City of Paris who may wish to effect a subdivision of such tract of land and who is required to submit a plat thereof for approval by the City Planning Commission, shall follow the general procedure as herein specified by:

(1) Have prepared and submit to the Planning and Zoning Commission a preliminary plat for its study, rejection, recommendations and tentative approval;

(2) After the Commission shall have fully considered such preliminary plat and has expressed by majority vote of the Commission its tentative approval thereof, the owner or developer may then have prepared as hereinafter set forth a final plat for submission to and consideration by the Commission and for its final approval;

(3) Upon the approval of any such final plat or plan by the Planning Commission, the same shall be referred to the City Council, along with a certificate of the completion of the improvements specified and required by this ordinance, or a performance bond guaranteeing the completion thereof, as hereinafter specified and provided, and the Council shall, at its next succeeding meeting, consider such final plan, plat or replat and accept by formal action the dedication of all public property therein set forth, provided it shall appear that such plan, plat or replat in all things fully complies with the terms and provisions of this ordinance; and

(4) Upon acceptance of the dedication of the public properties set forth and designated in such plan, plat or replat, the City Clerk shall immediately cause such plan, plat or replat to be recorded in the Deed Records of Lamar County.

(Ordinance 2012-040, sec. 2, adopted 12/10/12)

IV Preliminary Plat.

The preliminary plat of the subdivision of any lot, tract, or parcel of land shall be filed in the office of the City Engineer of the City of Paris, Texas, not less than seventeen (17) and not more than twenty-one (21) calendar days prior to the meeting of the Planning Commission at which time it is to be considered. The subdivider or owner shall file four (4) copies of the preliminary plat and each copy shall show or be accompanied by the following information:

(1) The name of the owner and subdivider.

(2) The name of the licensed land surveyor or registered professional engineer effecting the survey and design of the plat.

(3) The title or name of the subdivision (which must not be so similar to that of an existing subdivision as to cause confusion).

(4) North point, date, scale (not to exceed one (1) inch to two hundred (200) feet) and the approximate acreage of the proposed subdivision.

(5) The location and width of all existing and dedicated streets and alleys within or adjacent to the proposed subdivision for a distance of two hundred (200) feet from the proposed subdivision. If there are no adjacent existing or dedicated streets and alleys within the two hundred (200) feet of the proposed subdivision on any side, then a map on a smaller scale must accompany the preliminary plat showing the outline and ownership of adjacent properties, locations of the nearest subdivisions and existing or dedicated streets and alleys.

(6) All physical features of the property to be subdivided, including location and size of all watercourses, ravines, floodplains, floodprone areas or areas of special flood hazards, existing bridges, culverts and structures and other features pertinent to subdivision, a preliminary drainage plan, with proposed structures and drainageways with acres by class to be drained. The outline of wooded areas and the location of important individual trees may be required.

(7) The location and size of all existing utilities shall be shown. These utilities shall be located by 811 location services. Use of the City of Paris Geographic Information System Database shall not be permitted to be used for location of existing utilities on the plat.

(8) Plats of subdivisions exceeding three (3) acres in gross area shall have contour maps on the same scale as the preliminary plat accompanying said plat. All elevations on the contour map shall be referenced to the City datum (true elevations). The contours shall be shown at intervals of not more than five (5) feet nor less than one (1) foot. The contour interval between these limits shall be determined by the topography of the land to be subdivided.

(9) The proposed plan of the subdivision shall be shown, including all proposed streets and their names, alleys, easements, blocks, lots, building lines, parks, etc., with principal dimensions.

(10) A designation of the proposed uses of land within the subdivision, that is the zoning that is requested.

(11) If the proposed subdivision is a portion of a tract which is later to be subdivided in its entirety, then a tentative master plat of the entire subdivision shall be submitted with the preliminary plat of the portion first to be subdivided. The master plat shall conform in all respects to the requirements of the preliminary plat; except, it may be on a scale of not more than one (1) inch to four hundred (400) feet.

(12) The proposed improvements and utilities to be constructed in the subdivision shall be set forth on the preliminary plat over the subdivider’s signature.

(13) The following notice shall be placed on the face of each preliminary plat by the subdivider, “Preliminary Plat for Inspection Purpose Only.”

(14) The following certificates shall be placed on the preliminary plat:

Approved for Preparation of Final Plat
____________________________________________ Chairman, City of Paris Planning and Zoning Commission	________ Date

(15) The commission shall approve or disapprove any preliminary plat submitted to them within thirty (30) days after said plat is filed with the office of the City Engineer.

(16) The tentative approval of the preliminary plat by the Commission does not constitute in any manner the acceptance of the subdivision nor the improvements placed therein, but is merely an authorization to proceed with the preparation of the final plat.

(17) The tentative approval of the preliminary plat by the Commission shall expire and become null and void twelve (12) months after said tentative approval was made. If such be the case, then a new preliminary plat must be submitted as if no prior preliminary plat had been submitted.

(18) No construction work shall begin on the proposed improvements in the proposed subdivision prior to approval of the preliminary plat by the Commission.

(Ordinance 2494, sec. 1, adopted 4/14/80; Ordinance 83-074, sec. 1, adopted 12/12/83; Ordinance 86-022, sec. 1, adopted 7/14/86; Ordinance 2012-040, sec. 2, adopted 12/10/12; Ordinance 2023-069 adopted 11/13/2023)

V Final Plat.

The submission to and tentative approval of a preliminary plat by the Commission shall be a condition precedent to the preparation of a final plat. The final plat shall have all changes and alterations, if any, shown on the preliminary plat incorporated therein and shall be filed with the City Engineer not less than seventeen (17) and not more than twenty-one (21) calendar days prior to the meeting of the Commission at which time it is to be considered.

The plat shall be a reproducible transparent drawing to scale from an accurate survey on the ground and shall be neat and in all respects proper for filing of record in the office of the County Clerk of Lamar County. Patching and pasting of paper attachments is not acceptable. All figures and lettering shall be neat and easily legible. The plat shall show or be accompanied by the following information:

(1) The name or names of the owner and subdivider.

(2) The name of the licensed land surveyor or registered professional engineer preparing the plat.

(3) The name of the proposed subdivision and adjacent subdivision.

(4) The names of streets (to conform whenever possible to existing street names).

(5) The numbers of lots and blocks, in accordance with a systematic arrangement.

(6) North point, date, acreage being subdivided, and scale. All plats shall be on a scale of one (1) inch equals one hundred (100) feet, and on sheets measuring 18" x 24".

(7) An accurate boundary survey of the property, with bearings and distances referenced to survey lines and established subdivisions, with complete and accurate field notes of said boundaries. The lines, with dimensions, of all adjacent lands and the lines, with dimensions, of adjacent streets, alleys and easements, in adjacent subdivisions shall be shown in dashed lines.

(8) Location of proposed lots, streets, alleys, easements, parks, building setback lines (both front and side streets), minimum finished floor elevations for each lot in the subdivision and other features required by the City Engineer in review of the preliminary plat, to be shown on the final plat.

(9) All necessary dimensions, including linear, angular, and curvilinear and other surveying information necessary to reproduce the plat on the ground shall be shown. The linear and curvilinear dimensions shall be shown in feet and decimals of a foot. The angular dimensions shall be shown by true bearings. The length of all straight lines, deflection angles, radii, tangents, central angle of curves, and the chords and arcs of curves shall be shown. All curve information shall be shown for the centerline of the street. Dimensions shall be shown from all angle points and points of curve of lot lines. All lots on curves shall be shown in arc distances.

(10) All survey monuments shall be shown on the plat.

(11) A certificate of dedication of all streets, public highways, alleys, easements, parks and other land intended for public use, signed by the owner or owners and by all other parties who have a mortgage or lien interest in the property or subdivision.

A certificate of guarantee of the workmanship and materials used in the construction and installation of water mains, sanitary sewer mains and street paving for a period of one (1) year from the date of acceptance of the final plat, executed by the developer and owner or owners and by all other parties who have a mortgage or lien interest in the property or subdivision.

(12) All deed restrictions that are to be filed with the plat shall be shown, or filed separately with the plat.

(13) Certification by a surveyor, licensed by the State of Texas, or a professional engineer, registered in the State of Texas, to the effect that the plat represents an on-the-ground survey made by him, and that all the necessary survey monuments are correctly shown thereon and exist on the ground.

(14) The following certificate shall be placed on the plat, in a manner that will allow the filling in of the certificate by the proper party:

Approved:
_____________________________________________ Chairman, City of Paris Planning and Zoning Commission	________ Date
Accepted:
____________________________ Mayor, City of Paris	________ Date
The undersigned, the City Clerk of the City of Paris, hereby certifies that the foregoing final map or plat of the _____ Subdivision or Addition to the City of Paris was submitted to the City Council on the _____ day of _____ , 20_____ , and the Council by formal action then and there accepted the dedication of streets, alleys, parks, easements, public places, and water and sewer lines, as shown and set forth in and upon said map or plat, and said Council further authorized the Mayor to note the acceptance thereof by signing his name as hereinabove subscribed.
Witness my hand this _____ day of _____ A.D., 20_____.
____________________________ City Clerk, City of Paris, Texas

(15) Certification that all taxes and fees have been paid.

(16) When more than one sheet is used for a plat, then a key map showing the entire subdivision on a smaller scale with block numbers and street names shall be shown on one of the sheets or on a separate sheet of the same size.

(17) The final plat shall be recorded by the City Clerk in the office of the County Clerk of Lamar County, Texas, within ten (10) days from the date of final acceptance by the Council.

(Ordinance 2439, sec. 4, adopted 3/12/79; Ordinance 2494, sec. 2, adopted 4/14/80; Ordinance 2012-040, sec. 2, adopted 12/10/12; Ordinance 2023-069 adopted 11/13/2023)

VI Council Acceptance of Final Plat by Sections.

An owner or subdivider, at his option, may obtain approval of a portion or a section of a subdivision provided he meets all the requirements of this ordinance with reference to such portion or section in the same manner as is required for a complete subdivision. In the event a subdivision and the final plat thereof is approved by the Commission in sections, each final plat of each section is to carry the name of the entire subdivision, but is to bear a distinguishing letter, or number, or subtitle. Block numbers shall run consecutively throughout the entire subdivision, even though such subdivision may be finally approved in sections.

(Ordinance 2012-040, sec. 2, adopted 12/10/12)

VII Replatting.

(A) The replat of the subdivision shall meet all of the requirements for a new subdivision that may be pertinent, as provided for herein. It shall show the existing property being subdivided. No preliminary plat will be required on replats.

(B) A replat shall not be required in accordance with the above requirements when the following conditions exist:

(1) The area affected is not more than four (4) platted lots and does not create more than four (4) lots.

(2) No easements, dedication of streets or rights-of-way are required for public use.

(3) The owner of the property presents to the City Engineer a recordable surveyor’s plat of the affected property and the Lamar County Clerk recording fee for the same. Said recordable surveyor’s plat shall not be deemed a final plat or replat as those terms are used herein.

(Ordinance 2146, sec. 1, adopted 5/14/73; Ordinance 2012-040, secs. 2, 3, adopted 12/10/12)

VIII General Requirements; Thoroughfare Plan.

A. 

THOROUGHFARE PLAN ADOPTED.

The city has heretofore adopted the Master Thoroughfare Plan (MTP or the plan) to aid in promoting safe, orderly, and healthful development within the city and its ETJ. The streets of a proposed subdivision shall conform to the requirements of the MTP as may from time-to-time be amended. Roadway and right-of-way (ROW) requirements shall be based on the roadway classifications established by the MTP and this ordinance.

B. 

FUTURE DEVELOPMENT

1. The city has adopted and will update the MTP by ordinance. The intention of the plan is to minimize traffic and to provide for thoroughfares that appropriately address the traffic demand provided by existing and projected development. The plan addresses pedestrian and auto-oriented modes of travel in a manner that provides for safe interaction between pedestrian and automobile-oriented uses, while reducing automobile-oriented trips within the city. Roadway infrastructure shall be designed in a manner to minimize negative impacts on the environment and to limit roadway construction and maintenance costs.

2. All future developments and subdivisions of land in the city and its extraterritorial jurisdiction shall be designed and constructed in accordance with the master thoroughfare plan and this ordinance to the full extent allowed under the laws of the State of Texas and subject to subsection C. herein below.

C. 

DEDICATION REQUIRED

1. Except as set forth in subsection C.2, below, as a condition for the approval of all future subdivision plats submitted to the city for approval, the owners of the property to be developed shall dedicate to the public sufficient property along existing roadway ROW to provide the minimum ROW width of the thoroughfare established by the MTP and this ordinance.

2. The city shall not require the dedication of land within a subdivision for a future street or alley unless such future street or alley is intended by the owner of the tract and is included, funded, and is approved in:

a. A capital improvement plan adopted by the city; or

b. A similar plan adopted by Lamar County. Texas.

3. A person who develops property shall construct sidewalks in accordance with the Americans with Disabilities Act.

D. 

CONSTRUCTION OF THOROUGHFARES

Construction of all thoroughfares shall be in accordance with this article and approved by the city engineer.

E. 

STREET ARRANGEMENTS

1. Unless otherwise approved by the Planning and Zoning Commission and the City Council, provisions shall be made for the extension of arterial streets. Collector streets shall be provided for the circulation of traffic through the subdivision and the connection thereof to the arterial streets. Adequate local streets shall be provided to accommodate the subdivision.

2. Off-center street intersections shall, in general, not be approved. All arterial and collector streets shall be continuous or in alignment with existing streets, unless variations are deemed advisable by the Commission and Council due to topography and requirements of traffic circulation.

3. Proposed public or private streets for all future developments and subdivisions of land in the city and its extraterritorial jurisdiction, regardless of whether they are included on the city’s master thoroughfare plan, shall be aligned and constructed to connect to as many existing public streets that border the future development or subdivision as are necessary to provide for a minimum of two points of emergency access.

4. In circumstances where existing public street right-of-way within an existing development abuts a future development or subdivision, and said right-of-way is unpaved or otherwise unimproved in a manner to allow normal use by vehicular traffic including emergency vehicle[s] and apparatus, the developer of the future development or subdivision may be required, in rough proportion to the impact of the future development or subdivision, to construct all or part of an improved street surface on said right-of-way in accordance with the city’s street design standards.

5. 

Boundary Streets.

In cases where the land proposed to be subdivided is partially or totally bounded on one or more sides by an existing street, way, or artery having a width less than that specified in this ordinance, the subdivision shall be laid out so as to provide the street width required.

A half street along adjoining property which has not been subdivided may be approved; however, if it is deemed necessary by the city that the full width of the street be obtained, then the developer of the first tract to be subdivided may be required to obtain the additional or remaining rights-of-way from the adjacent tract.

6. 

Street Intersections.

More than two (2) streets intersecting at a single point shall be avoided, except where it is impractical to secure a proper street system otherwise. Where several streets converge at one point, or acute intersection angles are present, setback lines, special rounding or cut off corners, and/or a traffic circle may be required to ensure safety and facilitation of orderly traffic movements.

Collector and local streets shall have as the property line corner the point of intersection of the intersecting streets. No arterial street shall intersect any other arterial street at an angle of less than seventy-five (75) degrees. No collector street shall intersect an arterial street at an angle of less than seventy-five (75) degrees, or another collector street at an angle of less than sixty (60) degrees. No local street shall intersect any arterial street at an angle of less than seventy-five (75) degrees, or any collector street at an angle of less than forty-five (45) degrees. Arterial intersections shall have property line radii of not less than twenty-five (25) feet.

7. The City shall have the authority to require proposed developments and subdivisions to extend proposed residential streets and residential street right-of-way to adjacent properties where future development or redevelopment is projected to occur.

8. Dead-end streets shall not be approved unless:

a. Such dead-end streets are designed to connect with future streets in adjacent land not yet developed, in which case the streets shall extend to the boundaries of the land being subdivided.

b. In very unusual circumstances, a street may dead-end for topographical reasons or in order to develop a desirable residential plan, in which case the dead-end street shall have a cul-de-sac with a minimum radius of fifty (50) feet measured at the centerline of the street.

9. 

Relation of Adjoining Streets and Land.

The system of streets designated for the subdivision, except in unusual cases, must connect with streets already dedicated in adjacent subdivisions, and where adjacent connections are not platted, must in general be the reasonable projection of streets in the nearest subdivided tracts, and must be continued to the boundaries of the tract subdivided, so that other subdividers may connect therewith. Reserve strips of land controlling access to or egress from other property or to or from any street or alley or having the effect of restricting or damaging the adjoining property for subdivision purposes or which will not be taxable or accessible for special improvements shall not be permitted in any subdivision.

10. 

Street Grades.

The minimum grade for all streets shall be five-tenths (0.5) of one (1) percent. The maximum grade for arterial streets shall be five (5) percent; for collector streets it shall be eight (8) percent; for local streets it shall be ten (10) percent. If natural topography is such as to require steeper grades, the above maximum grade shall be increased by twenty-five (25) percent for a maximum continuous distance of two hundred (200) feet. Centerline grade changes with an algebraic difference of more than three (3) percent, and less than five (5) percent, shall be connected with at least a two hundred (200) foot vertical curve. For every additional percent of algebraic difference over five (5) percent, there shall be an additional fifty (50) feet of vertical curve. All algebraic differences in grade below three (3) percent shall have a vertical curve of not less than one hundred (100) feet. Where a cross slope is necessary or desirable from one curb to the opposite curb, such cross slope shall not be more than nine (9) inches on a twenty-eight (28) foot street, or more than twelve (12) inches on a thirty-nine (39) foot street, or more than eighteen (18) inches on a sixty (60) foot street, except where new streets connect to existing streets that require a greater cross slope to connect, and then the grade change will be consumed within one hundred fifty (150) feet of the connecting point.

The grade requirements for alleys shall conform to those of streets.

11. 

Street and Alley Crowns.

The crown of all streets shall be based on one-sixth (1/6) of an inch per foot of paved street width, but in no case less than four (4) inches, nor more than ten (10) inches. All alleys shall have an invert crown of one-sixth (1/6) of an inch per foot of alley width, but in no case less than three (3) inches nor more than five (5) inches.

12. 

Curve Requirements.

(Other than intersections.) Arterial streets shall have a minimum radii at the centerline of 1,920 feet; collector streets shall have a minimum radii at the centerline of 955 feet; and local streets and alleys shall have a minimum radii at the centerline of 150 feet.

13. 

Block Length and Width.

In general, intersecting streets, determining the block lengths and widths shall be provided at such intervals as to serve cross traffic adequately and to meet existing streets or customary subdivision practices. Where no existing subdivision controls, the blocks shall not exceed nine hundred (900) feet in length, nor be less than four hundred (400) feet in length. Where no existing subdivision controls, the block width or depth shall not exceed three hundred and fifty (350) feet, nor be less than two hundred and twenty (220) feet. When possible, the block widths and lengths shall be such as to allow two (2) tiers of lots, back to back.

14. 

Street Widths.

Arterial streets shall have a minimum width of right-of-way of eighty (80) feet and a minimum paving width of sixty (60) feet, back of curb to back of curb. Collector streets shall have a minimum width of right-of-way of sixty (60) feet and a minimum paving width of thirty-nine (39) feet, back of curb to back of curb. Local streets shall have a minimum width of right-of-way of fifty (50) feet and a minimum paving width of twenty-eight (28) feet back of curb to back of curb, except that in the case of curvilinear streets, where the centerline radii is less than 500 feet, such paving widths shall be increased to thirty-two (32) feet, back of curb to back of curb, along the curvilinear portion of the street. Estate streets shall have a minimum width of right-of-way of sixty (60) feet and a minimum paving width of eighteen (18) feet with drainage ditches of no greater depth of one and one-half (1-1/2) feet; however, when drainage ditches are required to exceed one and one-half (1-1/2) feet in depth, minimum right-of-way width must be increased in accordance with approved plans for street and related drainage system.

15. 

Standard Street Width.

The standard street width on which the subdivider shall be required to construct all street and drainage improvements shall be that of a collector street, i.e., thirty-nine (39) feet from back of curb to back of curb. All street paving over this width shall be subject to participating aid from the City as set forth in this ordinance.

16. 

Street Names.

New streets shall be so named so as to provide continuity of names with existing streets. Similar or identical street names to streets already existing in other parts of the City shall be avoided.

17. 

Alleys.

Alleys or loading and unloading courts shall be provided in blocks to be used for any purpose other than residential. The minimum right-of-way width for such alleys shall be thirty (30) feet and shall be paved in their entirety. Should alleys be platted in residential areas they shall have a minimum right-of-way width of twenty (20) feet and paved to a minimum of twelve (12) feet. Alleys shall be provided where existing alleys of adjacent subdivisions would be closed or shut off so as to deny said existing alleys of separate ingress and egress.

No lot shall be platted in such manner as to force or render desirable the building thereon of any improvements which face, front or have the main entrance on an alley.

F. 

EASEMENTS

Except where alleys of the width set forth herein are provided, easements not less than fifteen (15) feet in width, seven and one-half (7-1/2) feet in width on each side of the lot lines, shall be dedicated on all rear lot lines and on side lot lines as necessary for municipal and utility use for poles, wires, conduits, storm sewers, sanitary sewers, water lines, open drains, gas lines, heat lines, or other public utilities. Such easements may be required across parts of lots other than as described above upon recommendation of the City Engineer.

G. 

LOT ARRANGEMENTS

In general, the side lines of lots shall be approximately at right angles to the street line. If possible, the placing of adjacent lots at right angles to each other shall be avoided.

1. 

Lot Size.

The minimum lot size of any lot shall conform to existing zoning regulations.

2. 

Access to Lots.

Each lot shall be provided with adequate access to an existing public street by frontage along such street or through connection of a new street or a permanent easement to an existing street.

H. 

SURVEY

1. 

Accuracy.

All survey work around the boundary area as well as within the subdivision shall have an error of closure of one in seven thousand five hundred (1/7500) or less.

2. 

Monuments.

Permanent type monuments shall be placed at each corner and angle point of the boundary survey of the subdivision as well as the corners of all street intersections within the subdivision; also on all property line points of curve and points of tangent, under the supervision and direction and as located by the Engineer who prepared the plat. These monuments shall be placed approximately flush with the top of the finished curb and shall be of at least Class B (2500 psi) concrete and shall be eight (8) inches in diameter and twenty-four (24) inches long. There shall be placed in the center of this concrete monument to denote the corner a one-quarter inch diameter brass pin two (2) inches long and set one-quarter inch above the concrete.

3. 

Iron pins.

All lot corners within the subdivision, other than those included in (2) above, shall be marked with a one-half (1/2) inch diameter iron pin twenty-four (24) inches long, driven flush with the ground.

I. 

MINIMUM IMPROVEMENTS

1. The following improvements shall be placed within all new subdivisions by the subdivider and these improvements or guarantee thereof, as set forth herein, shall be a condition precedent to the final approval and acceptance of the subdivision:

a. Standard curb and gutter, except as permitted in area zoned Single-Family Dwelling District No. One (SF-1) (and not otherwise required) or by variance. A Subdivider may request a curb and gutter variance from City by submitting the request in writing to the City Engineer prior to Final Plat Approval. The City Engineer may grant a curb and gutter variance administratively upon finding of special circumstances or unnecessary hardship.

b. Street subgrade (with lime stabilization as required).

c. Street pavement.

d. Valley or dips, where essential for drainage purposes.

e. Street signs.

f. Water service and fire hydrants, where required under this ordinance.

g. Sewer service, where required.

h. Storm sewers and drainage structures, where required.

i. Sidewalks (an approved site plan showing placement and accommodation for ADA compliant sidewalks will be required at time of platting, such that final construction of the sidewalk may be completed by the builder on each lot at time of construction).

2. All improvements shall be done in accordance with the design standards of this ordinance and at the time of submission of the plat.

a. 

Surveying and Engineering.

The subdivider or developer shall furnish all engineering and surveying necessary to prepare the plat, and all engineering necessary to prepare the plans and specifications and supervise the construction thereof of all improvements within the subdivision except where contracts are entered into with utility companies licensed to operate in Paris, Texas, and this said construction is to be done by their own forces. In this event utility companies shall furnish all engineering and inspection necessary for this construction. The City Engineer or his authorized representative shall have the power to inspect any or all improvements being constructed under this ordinance to ensure the fulfillment of the intent of this ordinance.

J. 

CONSTRUCTION PLANS

After the Commission’s approval of the preliminary plat, and before or upon the submission of the final plat, the following information shall be supplied to the City Engineer:

1. Final construction plans, with detailed drainage plan, with minimum finished floor elevations for each lot in the subdivision, with a title sheet affixed thereto, containing the name of the subdivision, the developer and the registered professional engineer preparing the plans, with his seal affixed, and a vicinity map showing the location of the subdivision.

2. Plan-profile sheets of all proposed streets. These sheets are to be 22" x 36" in size and plotted to scale of one inch to one hundred (100) feet horizontal and one inch to five (5) feet vertical. These plan-profiles shall show the right-of-way of the street, portions of the right-of-way of intersecting streets, location of curb and gutter with respect to monuments, curb return radii, dips or valleys, soil type, liquid limit and plasticity index for each major soil type encountered at the subgrade level, test locations and estimated boundaries between soil types in the plan portion. Accompanying the plan portion must be the certified test results performed by an independent testing laboratory approved by the City of Paris which verifies the information required and furnished. The profile shall show the existing ground on each side of the street at the right-of-way line, the proposed grade of the top of the curb for each side of the street, and the reference benchmark with its elevation. These plan-profiles shall show or be accompanied by a typical cross-section of the proposed street or streets to be constructed.

3. All utility plans (sanitary sewer, water, storm sewer, culverts and bridges) shall be on sheets 22" x 36" and shall show all information necessary for their construction. These plans shall be accompanied by the Engineer’s criteria and calculations for their design. All designs must meet all aforesaid City, State and Federal minimum specifications.

4. Prior to the construction of any proposed improvements, i.e. streets, drainage, utilities, etc., the subdivider shall furnish complete plans and specifications of said construction to the City Engineer. If any part of the proposed construction is considered unsatisfactory by him and below the standards required under the circumstances, construction operations shall not be started on the affected portion until alterations are made such that the completed work shall conform to the standards required by the City of Paris. The City Engineer shall be notified prior to beginning construction so that he or his duly authorized representative may inspect said work on the behalf of the City during the construction.

5. Upon the completion of construction of any such improvements, the subdivider shall furnish a final set of plans in detail to the City Engineer. These plans shall be certified by the Engineer preparing them to be complete and correct “as built” plans of the improvements and where applicable shall bear the statement “Built under my supervision” and signed by the Engineer.

(Ordinance 1328, secs. 1, 2, adopted 8/9/54; Ordinance 1619, secs. 1, 2, adopted 2/18/63; Ordinance 2114, sec. 1, adopted 10/9/72; Ordinance 2439, sec. 5, adopted 3/12/79; Ordinance 2494, secs. 3–6, adopted 4/14/80; Ordinance 84-033, sec. 1, adopted 5/14/84; Ordinance 85-012, sec. 2, adopted 4/15/85; Ordinance 2012-040, secs. 2, 4, adopted 12/10/12; Ordinance 2019-018, sec. 2, adopted 5/13/19; Ordinance 2019-025 adopted 7/22/19; Ordinance 2024-007 adopted 2/12/2024)

IX Design of Improvements.

A. 

Curb and Gutter.

Curb and gutter shall be constructed monolithic with the concrete pavement in accordance with section 29-57 [10.05.077] of the City of Paris Code of Ordinances. It shall be constructed along both sides of all streets and avenues within the subdivision and along the subdivision’s side of all boundary streets. The cost of this work will not be subject to any participating aid by the City.

B. 

Valleys and Dips.

Where surface water drains across street intersections, said crossing shall be reinforced concrete pavement for a distance of not less than four (4) feet in each direction from the centerline of said crossing and said crossing shall extend from curb to curb. The design of these valleys or dips shall be the same as that for concrete pavement.

C. 

Street Subgrade.

(1) All local and collector streets within a subdivision shall have the subgrade prepared in accordance with Item 360 of TxDOT Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges to a depth of six (6) inches extending to one foot behind the back of curb and shall be stabilized as follows:

(a) Plasticity index of 0 through 15 shall require no stabilization.

(b) Plasticity index of 15 through 25 shall be stabilized with four (4) percent lime by weight.

(c) Plasticity index of 25 through 35 shall be stabilized with five (5) percent lime by weight.

(d) Plasticity index of 35 or above shall be stabilized with six (6) percent lime by weight.

(2) In the event the subgrade is to be removed to the depth of six (6) inches below the pavement of the street and filled with select fill of a plasticity index of 0 through 15, no stabilization shall be required.

(3) All plasticity indexes to be determined by an independent testing laboratory approved by the City of Paris with the certified results of same being furnished by the city engineer with construction plans. All arterial streets subgrade shall be as required by the city engineer and shall meet or exceed the subgrade required for local and collector streets. All subgrades shall have density control as required by the city engineer.

D. 

Street Pavement.

(1) All local streets shall be constructed of six (6) inches of continuously reinforced portland cement concrete with No. 3 Grade 60 deformed bars spaced at eighteen (18) inches in each direction.

(2) All collector streets shall be constructed of seven (7) inches of continuously reinforced portland cement concrete with No. 4 Grade 60 deformed bars spaced at eighteen (18) inches in each direction.

(3) All arterial streets shall be constructed of continuously reinforced portland cement concrete as required by the city engineer, but in no case shall it be less than that required for a collector street.

(4) The concrete mix will be designed to produce a minimum compressive strength of three thousand (3000) psi at twenty-eight (28) days and shall contain not less than five (5) sacks of cement per cubic yard of concrete. The water cement ratio (net gallons of water per sack of ninety-four (94) pounds of cement) shall not exceed six and one fourth (6-1/4) gallons/sack. The gradation requirements for the course and fine aggregates shall be as required by Item 360 of the TxDOT Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges.

E. 

Drainage.

Storm sewers, bridges, culverts, inlets, and drainage channels or ditches of a permanent design adequate to carry off such rainfall shall be installed by the subdivider throughout the entire length of the drainage area where the surface drainage traverses the subdivision. The subdivider may construct in lieu of storm sewers suitable drainage channels which shall be of sufficient width, depth and shape to carry off the surface drainage and allow for maintenance operations in keeping such ditches open. All drainage ditches so constructed shall have their sides sloped so as to retard erosions; the flow line of said ditches shall be permanently established by small low flow concrete sections, and the banks of all curves or bends shall be permanently protected to prevent erosion. No open drainage channels shall be constructed within the areas dedicated as public streets and alleys in said subdivision; provided, however, that in cases where utilization of the land of the improved development warrants otherwise, such ditches may be located in the center portion of the street (except at street intersections where culverts or bridges of a permanent design shall be constructed) where a right-of-way not less than eighty (80) feet in width, plus width, for drainage channel, is provided.

Computations to determine whether such lots or land will be flooded by rainfall and the size of drainage facilities adequate to prevent flooding shall be based upon the “Rational Method” using the Texas State Highway Department’s Frequency of Rainfall for District 1, and a five-year cycle for residential areas, Class 1 & 2, ten-year cycle for apartment areas and mass housing projects, and twenty-five-year cycle for areas of lower zoning classification than residential.

No street shall be designed or allowed in any subdivision to carry more surface water than can be carried by the street when the water is running curb deep.

All drainage easements over or across adjacent tracts of land that are necessitated by the subdividing of a tract of land shall be secured and furnished to the City by the subdivider.

F. 

Sanitary Sewer Collection System.

The sanitary sewage collection system shall be based on a design adequate to carry the anticipated flow of sewage from within the subdivision; provided, however, that the minimum size yard or service line shall be four (4) inches in diameter, which shall connect to a lateral or main which shall be a minimum size of eight (8) inches in diameter.

The developer shall be required to provide testing of sewer lines, within his subdivision, to assure that leakage is within the limits established by the City of Paris.

The City of Paris may require larger sewer lines that are necessary to serve the addition in order to provide for future development of the area, but in the event that said larger lines are required, then the subdivider shall be entitled to participating aid from the City on said oversized lines.

Use of alternative wastewater collection systems for estate-size subdivisions may be considered, on a case-by-case basis, when justified by unusual terrain or geological formations, low population density, difficult construction, or other circumstances where an alternative wastewater collection system would offer an advantage over a conventional gravity system. An alternative wastewater collection system will be considered for approval only when conditions make a conventional gravity collection system impractical. Alternative wastewater collection system types include pressure sewers (septic tank effluent pumping or grinder pump systems), small diameter gravity sewers (minimum grade effluent sewers or variable grade effluent sewers), and vacuum sewers and combinations thereof. Alternative wastewater collection systems must meet the requirements of Title 30 of the Texas Administrative Code section [chapter] 317 et seq.

G. 

Water Distribution System.

The water distribution system shall be based on a design adequate to furnish the anticipated water consumption within the subdivision, including proper fire protection. Water mains less than six (6) inches in diameter shall be considered substandard and will not be allowed, except that any deviation to a lesser diameter may be considered as recommended by the city engineer.

Fire hydrants shall be located so that every lot within the addition will be within five hundred (500) feet of same and further said hydrants shall be located so as to conform to the overall plan of the City. Gate valves shall be installed on leads between fire hydrants and water mains.

The City of Paris may require larger water mains and branches than are necessary to serve the addition or subdivision in order to provide for future development of the area. In the event that said larger lines are required, then the subdivider shall be entitled to participating aid from the City on said oversized lines.

H. 

Utilities Other Than Sewer and Water.

The subdivider shall make arrangements with all other appropriate utility companies for the extension of their respective utility lines and service to and within the addition and for any costs or refunds of such cost.

I. 

Construction Easements.

All easements that may be necessary to provide ingress or egress to the subdivision for the various utilities shall be provided by the subdivider, whether across his property or adjacent lands.

J. 

Sidewalks.

Reinforced concrete sidewalks having a width of not less than four feet (five feet if next to curb) and thickness of not less than four inches shall be constructed on both sides of the street within the subdivision. Sidewalks shall be constructed two feet from the property line within the street right-of-way and shall extend along the street frontage including the side or corner lots and block ends. The sidewalk shall be constructed before the final building inspection by the city. A final inspection or certificate of occupancy will not be issued until the sidewalk is in place. Sidewalks along perimeter streets shall be installed prior to subdivision acceptance, unless otherwise specified in a developer agreement.

(1) 

Provided in Residential and Nonresidential Areas.

Sidewalks not less than four feet (five feet if next to curb) shall be provided along both sides of newly constructed streets.

(2) 

Provided with Reconstruction and Remodel Projects.

Where a lot to be developed is a previously platted lot and a new build or significant remodel affecting 50% of the site occurs, a sidewalk shall be constructed/replaced along the street frontage of the subject lot as part of the site improvements and in accordance with this ordinance.

(3) 

Provided in accordance with the City’s Master Plan.

All lots to be developed or redeveloped shall include sidewalks and trails generally as identified in the adopted Comprehensive Plan, and subject to approval by the community development director or his/her designee.

(4) 

Grass or Landscape Buffer Required.

All sidewalks shall be constructed to have a grass or landscaped buffer between the street curb and the paved sidewalk. Where a separation is not feasible due to terrain, obstructions, existing conditions or ADA compliance, the city engineer or designee shall have authority to approve an alternative design.

(5) 

ADA Compliance.

All sidewalks shall be constructed in accordance with the Texas Accessibility Standards, or the current adopted standards for Americans with Disabilities Act (ADA) in the state of Texas. For nonresidential projects, a registered accessibility specialist shall provide documentation of compliance.

(Ordinance 1619, secs. 3–6, adopted 2/18/63; Ordinance 2439, secs. 6–10, adopted 3/12/79; Ordinance 2494, secs. 7–11, adopted 4/14/80; Ordinance 85-012, sec. 2, adopted 4/15/85; Ordinance 93-012, sec. 1, adopted 3/15/93; Ordinance 99-020, sec. 1, adopted 3/8/99; Ordinance 2012-040, sec. 2, adopted 12/10/12; Ordinance 2019-018, sec. 3, adopted 5/13/19; Ordinance adopting 2021 Code)

X Participating Aid and Pro Rata Reimbursement Policy.

The City of Paris shall participate in the cost of required improvements within an addition on the following basis:

(1) 

Capital Outlay.

The capital outlay for all improvements shall be financed by the owner or subdivider and any participating aid by the City shall be in the form of reimbursements over a period of time.

(2) 

Time of Reimbursement.

Any reimbursements to be made by the City of Paris shall be based on a period of time not to exceed seven (7) calendar years and from the beginning of the taxable year following the year in which the plat was recorded and any reimbursements not made within this period of time shall be null and void and cease to exist as if no reimbursement was due. No reimbursement shall incur any interest.

(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 [Section VIII] 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 (25) percent 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 (45) percent of the property affected is built upon. The third installment shall be paid when sixty (60) percent of the property affected is built upon. The fourth installment shall be paid when seventy (70) percent of the property affected is built upon. The fifth and last installment shall be paid when eighty (80) percent 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.

(4) 

Streets.

The subdivider shall be reimbursed the difference between the estimated cost of construction of the standard width street as set forth herein and the actual cost of the construction he may be required to build.

(5) 

Sewer-Water.

A. The subdivider shall be reimbursed the difference between the estimated cost of the construction 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 the 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, but before December 1, 1998, and has not been in service longer than fifteen (15) years. If the water or sewer main was constructed after December 1, 1998, a pro rata charge shall be collected for the first water and/or sewer tap made to serve a property regardless of the length of time said main has been in service. The pro rata charge shall be determined by total front footage of the property multiplied 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 computed 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 by the City of Paris.

(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 footage 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 extension.

(c) The City of Paris may require larger than the standard six-inch 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 six-inch 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 or 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 estimate 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 published 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 City of Paris. Said notice shall have sufficient postage to meet the requirements of the United States mail 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 subparagraph (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 authorized 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 of such extensions.

(b) A contract between the City of Paris and the sponsor shall be executed at the time of completion 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 and the maximum amount of refund which may be paid to the original sponsor. The contract herein described shall be binding upon all parties, their heirs and assigns until such time as all amounts due under said contract have been collected.

(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 sponsor shall not have rights to any funds except those which may be collected from the pro rata charges under said contract. In no case shall the total payments made to the City of Paris and refunded to the sponsor exceed the maximum shown in the contract.

(5) 

City of Paris may act as sponsor.

At the direction 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.

(a) Any reimbursement due to the City under this subsection shall be based on a period of time not to exceed seven (7) calendar years from the time the first water and/or sewer tap is made to serve a property. The length of time granted for reimbursement and the frequency of payments shall be at the discretion of the city council and shall be based upon the amount of the pro rata charges. No reimbursement shall incur any interest.

(b) As a condition of making a water and/or sewer tap, property owners shall be required [to] execute a loan agreement with the City of Paris for reimbursement of the pro rata charges, which agreement shall be a lien on the property affected and shall be filed with the county clerk.

(c) In the event of monthly payments under the loan agreement, and at the option of the owner of the property affected, such charges may be added to the owner’s monthly water bill.

(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 reimbursed for a portion of their original cost for extensions, 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 provisions of this section 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.

(Ordinance 2426, secs. 1, 2, adopted 12/11/78; Ordinance 98-064, sec. 1, adopted 11/9/98; Ordinance 2001-045, sec. 2, adopted 7/9/01; Ordinance 2012-040, sec. 2, adopted 12/10/12)

XI 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 [Article 9.05] 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 (1/2) 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 benefited 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.

(Ordinance 2003-027, sec. 2, adopted 6/16/03; Ordinance 2012-040, sec. 2, adopted 12/10/12)

XII Improvements Outside City.

The City of Paris shall at no time, lay, build, construct or erect, or participate by any manner, means or degree, in the laying, building, construction or erecting of any water line, sewer line, drainage structure, street or other facility required by this ordinance on any property, located beyond and outside the corporate limits of said City.

(Ordinance 2012-040, sec. 2, adopted 12/10/12)

XIII Acceptance of Plat by Council.

The final map or plat of a subdivision or addition to the City of Paris shall never be filed for record in the office of the county clerk until it shall have been presented to the city council of the City of Paris in regular or special session after the approval thereof by the commission, as hereinabove specified and required, for acceptance by the council of the dedication of streets, alleys, parks, easements, public places, and water and sewer lines, as shown and set forth in and upon said plat, and the city council shall authorize the mayor to accept the same in the manner prescribed in Section IV (Subdivision 14), above, after the city council has found and determined by formal action of a majority of the Council that such proposed subdivision, addition or development, in all things complies with the terms and provisions of this ordinance and that all required improvements have been completed, or that performance bond to assure the completion thereof has been provided by the proposed developer, as required by Section XIII [XIV] hereof.

(Ordinance 2012-040, sec. 2, adopted 12/10/12)

XIV Guarantee of Construction.

The owner or developer of any proposed subdivision or addition covered by this ordinance may, in lieu of actually completing the construction of the public improvements required by this ordinance prior to seeking final plat approval, may enter into a Subdivision Improvement Agreement with the City of Paris providing for the construction, completion and payment for the public improvements associated with the proposed subdivision or addition. Owner or Developer, in connection with the Subdivision Improvement Agreement, shall put up financial security with the City in an amount equal to the estimated cost of the public improvement. The financial security required may be in the form of cash deposit with the City, Letter of Credit from a Federally licensed and insured financial institution or surety bond issued by a surety company approved by the United States Treasury Department and licensed to do business in the State of Texas. The purpose of the Subdivision Improvement Agreement and financial security is to guarantee the construction and completion and payment for the public improvements within the time frame stated in the Subdivision Improvement Agreement.

The developer and owner shall guarantee and warranty the workmanship and materials used in the construction and installation of the public improvements within the subdivision or addition for one (1) year from the date of written acceptance of all such public improvements by the city engineer of the City of Paris.

(Ordinance 2439, sec. 11, adopted 3/12/79; Ordinance 2004-008, sec. 2, adopted 4/12/04; Ordinance 2007-055, sec. 2, adopted 12/10/07; Ordinance 2012-040, sec. 2, adopted 12/10/12)

XV Prohibiting Expenditure of Public Funds.

The approval of any plan, plat or replat by the Commission shall not be deemed an acceptance of the dedication of streets, alleys, parks, easements and other public places therein and thereby dedicated, and shall not impose any duty upon the City of Paris concerning the maintenance, or improvement of any such dedicated areas or facilities, unless and until the same have been accepted by the City of Paris by the formal action of a majority of the city council in regular or special session convened. Unless and until the dedicated streets, alleys, parks, easements, public places, water and sewer line shown on any such plan, plat or replat shall have been first accepted by the city council of the City of Paris, as in the manner aforesaid, it shall be unlawful for any official of the City to serve or connect any part or portion of the property covered by such plan, plat or replat with any public utility which may be owned, controlled or distributed by the City of Paris.

(Ordinance 2012-040, sec. 2, adopted 12/10/12)

XVI Schedule of Fees.

The following schedule of fees and charges shall be collected by the Director of Public Works when any preliminary map or plat is tendered to the City for consideration. Each of the fees and charges provided for herein shall be paid in advance, and no action of the Commission shall be valid until the fees, herein provided, shall have been paid.

(1) 

Preliminary Plat.

One hundred dollars ($100.00) per plat plus two dollars ($2.00) per lot.

(2) 

Final Plat.

One hundred dollars ($100.00) per plat plus one dollar ($1.00) per lot.

(3) 

Replats.

One hundred dollars ($100.00) per replat plus one dollars ($1.00) per lot.

(4) 

Master Plats.

When submitted with a preliminary plat the fee shall be an additional two dollars ($2.00) per lot, for all lots not included in the preliminary plat.

(5) 

Minor Plats.

Thirty dollars ($30.00) per minor plat.

In addition to these fees, an additional thirty-dollar check (or current filing fee) shall be submitted with all final plats, replats and minor plats. The check shall be made to the Lamar County Clerk for filing fees.

(Ordinance 2006-034, sec. 2, adopted 9/25/06; Ordinance 2012-040, sec. 2, adopted 12/10/12)

XVII Changes and Variations.

(A) These rules and regulations are the standard requirements of the City of Paris.

(B) A suspension from or a variation of any of these rules and regulations may be recommended by the commission, upon a showing by the owner or developer that there are special circumstances or conditions affecting the property in question; that enforcement of the provisions of this ordinance will deprive the applicant of a substantial property right; and that such suspension, if granted, will not be materially detrimental to the public welfare or injurious to other property or property rights in the vicinity. Upon recommendation of a suspension of any of these rules and regulations by the commission, the city council may, upon finding that there are special circumstances or conditions affecting the property in question; that enforcement of the provisions of this ordinance will deprive the applicant of a substantial property right; and that such suspension, if granted, will not be materially detrimental to the public welfare or injurious to other property or property rights in the vicinity, grant a suspension of any of these rules and regulations. In the event the commission, upon a request of the owner or developer, and following consideration of same as provided herein, denies a suspension or variation from one or more of these rules and regulations, the city council may, upon the proper findings as stated herein, and upon the affirmative vote of at least three-fourths (3/4) of all members, overrule the commission’s denial and grant the requested suspension or variance. Under no circumstances shall the city council reverse the action of the commission in denying approval of a final plat.

(Ordinance 86-022, sec. 2, adopted 7/14/86; Ordinance 2003-025, sec. 2, adopted 6/16/03; Ordinance 2012-040, sec. 2, adopted 12/10/12)

XVIII Penalty.

Any person, firm or corporation who shall violate any of the provisions of this ordinance or who shall fail to comply with any provisions hereof shall be guilty of a misdemeanor and upon conviction shall be subject to a fine not to exceed two thousand dollars ($2,000.00), and each day that such violation continues shall constitute a separate offense and shall be punishable accordingly.

Any developer or owner who fails to correct any defect in workmanship or materials used in the construction or installation of water mains, sanitary sewer mains and street paving within thirty (30) days of the date of notification of the same by certified mail, return receipt requested, shall be deemed to be in violation of this ordinance and shall be subject to the penalties herein established.

(Ordinance 2439, sec. 12, adopted 3/12/79; Ordinance 92-028, sec. 1, adopted 7/13/92; Ordinance 2012-040, sec. 2, adopted 12/10/12)

XIX All Conflicting Ordinances Repealed.

All ordinances and parts of ordinances inconsistent or in conflict herewith are hereby repealed.

(Ordinance 2012-040, sec. 2, adopted 12/10/12)

XX Severability.

If any section or part of any section, paragraph or clause of this ordinance is declared invalid or unconstitutional for any reason, such declaration shall not be held to invalidate or impair the validity, force or effect of any other section or sections, part or section, paragraph or clause of this ordinance.

(Ordinance 2012-040, sec. 2, adopted 12/10/12)

XXI Effective Date.

This ordinance shall become effective on the 1st day of April, 1954.

(Ordinance 2012-040, sec. 2, adopted 12/10/12)