2019-018 Requirements and Regulations for Sidewalk Construction

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ORDINANCE NO. 2019-018 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING CITY ORDINANCE NO. 1315, SUBDIVISION REGULATIONS OF THE CITY OF PARIS, AS HERETOFORE AMENDED, TO PROVIDE REQUIREMENTS AND REGULATIONS FOR SIDEWALK CONSTRUCTION; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, by city Ordinance No. 1315, the City Council of the City of Paris enacted a Subdivision Ordinance to regulate subdivision and development of land located inside the corporate City limits and the extraterritorial jurisdiction of the City of Paris, Texas; and, WHEREAS, these subdivision regulations have been updated and revised over the years as state law has changed and development trends have evolved; and, WHEREAS, said Ordinance 1315 as it currently exists does not contain requirements for or regulations regarding the construction of sidewalks in new and substantially redeveloped subdivisions and WHEREAS, in 2016, the City developed a Self -Evaluation and Transition Plan (the "ADA Plan") in conformance with the requirements of the federal Americans With Disabilities Act ("ADA") to identify areas of non-compliance with said Act and to provide an action plan for coming into compliance with its requirements; and WHEREAS, said ADA Plan recommends the adoption of minimum standards for pedestrian facilities with all development and redevelopment within the City; and WHEREAS, in 2018, City Council adopted a Comprehensive Plan Update (the "CPU"), which CPU acknowledges the need for sidewalk requirements and includes recommendations to provide for sidewalks in all new development projects so as to ensure compliance with the ADA and the City's ADA Plan; to require construction of sidewalks on at least one side of all residential subdivisions, or where there are existing sidewalks, replace all sidewalks which are not ADA -compliant; and require grass or planting strips between curbs and sidewalks; and WHEREAS, at its May 6, 2019 meeting, after conducting a public hearing, the Planning and Zoning Commission considered the regulations for sidewalk construction contained herein and made formal recommendation to the City Council to approve the requested amendments; and WHEREAS, at the May 13, 2019 meeting of the Paris City Council, the City Council, after conducting a public hearing, and having considered the recommendations of the