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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 developers of that property located at Lots 1, 2, and 3, Block A, House Addition <br />(City Block 218-A), being located in the 1300 block of W. Austin Street, have applied for and sought <br />a suspension of and variance from Section VIII (A), Curb and Gutter, of Ordinance No. 1315, the <br />Subdivision Ordinance of the City of Paris with regard to the requirements of that ordinance to <br />construct curb and gutter along the east side of Lots 1 and 2, Block A, House Addition (City Block <br />218-A), adjacent to 13th Street S.W., or to deposit with the City sufficient funds to defer the cost <br />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 /> Section 4. That, if the requirements of Section VIII (A) were applied to the referenced <br />development, the developer would be required to construct curb and gutter along the east side of <br />Lots 1 and 2, Block A, House Addition (City Block 218-A), adjacent to 13th Street S.W.; that the <br />City Council finds and determines that there are special circumstances or conditions affecting the <br /> <br /> <br />