07 Paris Retirement Vlg C&GREAL ESTATE
742 E. Pipeline Rd.
Hurst, Texas 76053
(817) 285-6315
(817) 285-7157 (Fax)
Chamyinv~aol.com
January 18, 2004 Via Fax & Regular Mail
City Engineer
City of Paris
P.O.Box 9037
Paris, TX 75461-9037
RE: Paris Retirement Village - Curb and Gutter
Dear Mr. Napier:
I mn in receipt of your letter of January 14, 2004 and accordingly, I shall construct the
curb and gutter on 13th St. S.W. and Braume adjacent to the Development.
Likewise, pursuant to options presented in your letter; I am hereby requesting a waiver of
the construction of curb and gutter along W. Washington Street and am likewise
requesting a waiver of putting up money for the construction of curb and gutter along W.
Washington. I am presuming that when the City coxumences construction on W.
Washington, assessments will be levied accordingly at that point in time.
Thanks for the clarifications of the issues involved, I remain
Investments · Construction · Development · Management · Sales
DRAFT
F:kAttorney\Lisa\Ordinances\CURRENT\Chamey Variance 2004.wpd
January 30, 2004
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, GRANTING A VARIANCE PURSUANT TO SECTION X¥I
(B) OF ORDINANCE NO. 1315, THE CITY SUBDIVISION ORDINANCE,
FROM THE REQUIREMENTS OF SECTION VIII (A), CURB AND
GUTTER, OF THE AFORESAID SUBDIVISION ORDINANCE, TO THE
DEVELOPER OF LOT 2, CITY BLOCK 308, ALSO KNOWN AS THE PARIS
RETIREMENT VILLAGE, BEING LOCATED IN THE 1400 BLOCK OF W.
WASHINGTON STREET; MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, Section XVI (B) of Ordinance No. 1315, as amended, the Subdivision
Ordinance of the City of Paris, Paris, Texas, provides a process for suspending or varying the
subdivision regulations upon certain findings thereof and a vote for recommendation of said
suspension by the Planning and Zoning Commission and/or the City Council; and,
WHEREAS, Section VIII (A), Curb and Gutter, of the Subdivision Ordinance requires a
developer to construct curb and gutter monolithic with the concrete pavement along both sides of all
streets within the subdivision and along the subdivision's side of all boundary streets; and,
WHEREAS, Mr. Joe Chamey, President of Chamey Investments, the developer of property
located at Lot 2, City Block 308, also known as the Paris Retirement Village, has agreed to conform
with said Ordinance and construct required curb and gutter on 13th Street S.W. and Brame Street
adjacent to the aforesaid development; and,
WHEREAS, the City Council of the City of Paris has considered the request of Mr. Joe
Chamey, President of Chamey Investments, the developer of property located at Lot 2, City Block
308, also known as Paris Retirement Village, for a suspension or variance from the requirements of
Section VIII (A), Curb and Gutter, of said Ordinance to construct curb and gutter (or to deposit with
the City appropriate funds to pay the cost thereof in accordance with Section XIII of said Ordinance)
along W. Washington Street, adjacent to the developer's development located in the 1400 block of
W. Washington Street; and,
WHEREAS, the City Council of the City of Paris, having considered the aforesaid request
for variance and suspension, and having considered the action of the Planning and Zoning
Commission with regard to said request for variance and suspension, finds and determines that there
are special circumstances or conditions affecting the aforesaid property as set out herein; that
enforcement of the provisions of Section VIII (A) of the Subdivision Ordinance as applied to the
particular property in question would deprive the property developer of a substantial property right
as set out herein; and that suspending the requirements of Section VIII (A) as applied to the particular
property in question, and granting a variance therefrom would not be materially detrimental to the
public welfare or injurious to other property or property rights in the vicinity as established herein;
NOW, THEREFORE,
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 of W. 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'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 property as set
out herein; that enforcement of the provisions of Section VIII (A) of the Subdivision Ordinance as
applied to the particular property in question would deprive the property developer of a substantial
property right; and that suspending the requirements of Section VIII (A) as applied to the particular
property in question, and granting a variance therefrom, would not be materially detrimental to the
public welfare or injurious to other property or property rights in the vicinity as established herein.
Section 5. That, based on the conditions as described in this ordinance, a variance is hereby
granted by the City Council of the City of Paris to the developer of that property known as Lot 2,
City Block 308, being located in the 1400 block of W. Washington Street, also known as Paris
Retirement Village, from being required to comply with the requirements of Section VIII (A), Curb
and Gutter, of the Subdivision Ordinance of the City of Paris, Ordinance No. 1315, as amended, and
as a consequence of the grant of the aforesaid variance, no such curbing and guttering shall be
required to be constructed by the developer along W. Washington Street, nor shall the developer be
required to deposit sufficient funds with the City in accordance with Section XIII of said Ordinance
to defer the cost thereof.
Section 6. That this ordinance shall be effective from and after its date of passage.
PASSED AND APPROVED this 5th day of February, 2004.
Curtis Fendley, Mayor
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney