2004-005-ORD GRANTING VARIANCE PURSUANT TO SECTION XVI(B) OF ORDINANCE NO 1315 ON LOT 2 CITY BLOCK 308 AKA PARIS RETIREMENT VILLAGE

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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 City Council of the City of Paris, Paris, Texas, does hereby find and determine that the developer of that property located at Lot 2, City Block 308, being located in the 1400 block ofW, Washington Street, also known as Paris Retirement Village, has applied for and sought a suspension of and variance from Section VIII (A), Curb and Gutter, of Ordinance No, 1315, the Subdivision Ordinance of the City of Paris with regard to the requirements of that ordinance to construct curb and gutter along W, Washington Street, or to deposit with the City sufficient funds to defer the cost thereof, Section 3. That the aforesaid Section VIII (A) of the Subdivision Ordinance of the City of Paris requires as follows: "Curb and gutter shall be constructed monolithic with the concrete pavement in accordance with section 29-57 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 I s side of all boundary streets, The cost of this work will not be subject to any participating aid by the City, " In addition, that Section XIII of the Subdivision Ordinance would apply if the developer did not construct the curb and gutter, but was not relieved of the obligation to comply with Section VIII (A); Section XIII provides in relevant part as follows: "The owner or developer of any proposed subdivision or addition covered by this ordinance may, in lieu of actually completing the construction of the improvements required by this ordinance as a predicate to the approval of the final map or plat of the same, file with the City of Paris a corporate surety bond, executed by said owner or developer as principal and approved surety company licensed to do business in the State of Texas, as surety, in a sum equal to the estimated cost of such improvements, which said bond shall guarantee the construction thereof within the time stated in said bond, which shall never exceed seven (7) years, Such bond shall specifically state it shall remain in full force and effect, regardless of the time, until such improvements are made and accepted by the City of Paris as having been constructed in accordance with the requirements of this ordinance, Such bond shall be approved by the City Attorney, " Section 4. That, if the requirements of Section VIII (A) were applied to the referenced development, the developer would be required to construct curb and gutter along W, Washington Street where approximately three hundred (300) feet of Washington Street that is east of 13th Street S,E, drains west to the intersection to a culvert under 13th Street S,E.; that the City Council finds and determines that there are special circumstances or conditions affecting the aforesaid