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11 Chamey Variance Request
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11 Chamey Variance Request
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Last modified
11/8/2005 11:24:19 AM
Creation date
2/3/2004 6:05:53 PM
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AGENDA
Item Number
11
AGENDA - Type
ORDINANCE
Description
Chamey Variance Request
AGENDA - Date
2/9/2004
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property in question, and granting a variance therefrom would not be materially detrimental to the <br />public welfare or injurious to other property or property rights in the vicinity as established herein; <br />NOW, THEREFORE, <br /> <br /> BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, <br />TEXAS: <br /> <br /> Section 1. That the findings set out in the preamble to this ordinance are hereby in all things <br />approved. <br /> <br /> Section 2. That the City Council of the City of Paris, Paris, Texas, does hereby find and <br />determine that the developer of that property located at Lot 2, City Block 308, being located in the <br />1400 block of W. Washington Street, also known as Paris Retirement Village, has applied for and <br />sought a suspension of and variance from Section VIII (A), Curb and Gutter, of Ordinance No. 1315, <br />the Subdivision Ordinance of the City of Paris with regard to the requirements of that ordinance to <br />construct curb and gutter along W. Washington Street, or to deposit with the City sufficient funds <br />to defer the cost thereof. <br /> <br /> Section 3. That the aforesaid Section VIII (A) of the Subdivision Ordinance of the City of <br />Paris requires as follows: <br /> <br />"Curb and gutter shall be constructed monolithic with the concrete pavement in <br />accordance with section 29-57 of the City of Paris Code of Ordinances. It shall be <br />constructed along both sides of all streets and avenues within the subdivision and <br />along the subdivision's side of all boundary streets. The cost of this work will not be <br />subject to any participating aid by the City." <br /> <br /> In addition, that Section XIII of the Subdivision Ordinance would apply if the developer did <br />not construct the curb and gutter, but was not relieved of the obligation to comply with Section VIII <br />(A); Section XIII provides in relevant part as follows: <br /> <br />"The owner or developer of any proposed subdivision or addition covered by this <br />ordinance may, in lieu of actually completing the construction of the improvements <br />required by this ordinance as a predicate to the approval of the final map or plat of the <br />same, file with the City of Paris a corporate surety bond, executed by said owner or <br />developer as principal and approved surety company licensed to do business in the <br />State of Texas, as surety, in a sum equal to the estimated cost of such improvements, <br />which said bond shall guarantee the construction thereof within the time stated in said <br />bond, which shall never exceed seven (7) years. Such bond shall specifically state it <br />shall remain in full force and effect, regardless of the time, until such improvements <br />are made and accepted by the City of Paris as having been constructed in accordance <br />with the requirements of this ordinance. Such bond shall be approved by the City <br />Attorney." <br /> <br /> <br />
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