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04-A Amend Sec. XIII, Subdiv DRAFT F:\Attorney\LINDA\Ordinances\Current\Subdivision Regulations 3-23-2004.wpd April 7, 2004 ORDINANCE NO. _______________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING SECTION XIII OF ORDINANCE NO. 1315, THE SUBDIVISION REGULATIONS OF THE CITY OF PARIS, TO DELETE PROVISIONS PERMITTING OWNERS OR DEVELOPERS TO POST FINANCIAL SECURITY TO GUARANTEE CONSTRUCTION OF CERTAIN IMPROVEMENTS TO SUBDIVISIONS IN LIEU OF ACTUALLY COMPLETING THE CONSTRUCTION OF THOSE IMPROVEMENTS AS A CONDITION TO APPROVAL OF THE FINAL MAP OR PLAT OF THE SUBDIVISION; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Section XIII of Ordinance No. 1315, the Subdivision Regulations of the City of Paris, Texas, contains provisions authorizing owners or developers to file with the City of Paris a corporate surety bond in lieu of actually completing the construction of the improvements required by the subdivision ordinance as a condition to the approval of the final plan or plat of same, the purpose of said bond being to guarantee the financial cost of the installation of said improvements; and, WHEREAS, the City Council of the City of Paris deems it appropriate that all improvements required by the City’s subdivision ordinance be in all things fully constructed, inspected, and accepted by the City in accordance with the City’s subdivision ordinance before the City Council will consider approval of a final map or plat of a new subdivision for which such improvements are required to be installed by the owner or developer; and, WHEREAS, the City Council desires to amend Section XIII of the Subdivision Regulations NOW to delete those provisions allowing the filing of a surety bond in lieu of said construction; 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 Section XIII, entitled Guarantee of Construction, of Ordinance No. 1315, the Subdivision Regulations of the City of Paris, Paris, Texas, shall be and is hereby amended to read as follows: Section XIII. Guarantee of Construction. " The owner or developer of any proposed subdivision or addition covered by this ordinance shall guarantee the workmanship and materials used in the construction and installation of water mains, sewer mains, and street paving within the subdivision for one (1) year from the date of completion of all such improvements as certified to by the city engineer of the City of Paris, which period shall be in addition to the period of guarantee provided for in Section IV(11). Before a final map or plat of any subdivision may be considered for approval by the City of Paris, all improvements required by this ordinance shall be fully installed, constructed, inspected, and accepted by the city engineer." Section 3. That this ordinance shall be effective on May 1, 2004, and shall thereafter apply to all subdivisions and subdivision construction for which final plats have not been approved, or for which surety bonds have not been posted with the City of Paris to guarantee construction improvements. PASSED AND ADOPTED this 12th day of April, 2004. ____________________________________ Curtis Fendley, Mayor ATTEST: ____________________________________ Mattie Cunningham, City Clerk APPROVED AS TO FORM: ____________________________________ Larry W. Schenk, City Attorney