2006-044-RES-amending ord. 1710 property belonging to Barney BrayORDINANCE N0. 2006-044
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, AMENDING ZONING ORDINANCE N0. 1710 OF THE
CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES
ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING
A COMMERCIAL DISTRICT (C) ON 53.624 ACRES WHICH ARE A PART
OF THE JOSHUA MOORE SURVEY A571, THE JOSEPH LEECH SURVEY
A524, AND THE J. W. WILLIAMS SURVEY A1001, ON PROPERTY
BELONGING TO BARNEY BRAY, SO AS TO INCLUDE THEREIN
TERRITORY FORMERLY DESIGNATED AS AN AGRICULTURAL
DISTRICT (A); DESIGNATING THE BOUNDARIES OF THE
COMMERCIAL DISTRICT (C) SO ESTABLISHED; PROVIDING FOR A
PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris, Paris, Texas, has previously received a
request for an amendment to the zoning ordinance of the City of Paris; and,
WHEREAS, the City Council has subsequently referred said request for amendment to the
Planning and Zoning Commission for its review and recommendation in accordance with the City
zoning ordinance and State law; and,
WHEREAS, the Planning and Zoning Commission did conduct a public hearing on said
proposed amendment to the City zoning ordinance and, following said hearing, made formal
recommendation to the City Council regarding said proposed change; and,
WHEREAS, the City Council of the City of Paris did subsequently conduct a public hearing
on the aforesaid proposed amendment to the City zoning ordinance, and having considered the
recommendations of the Planning and Zoning Commission and the testimony and evidence
introduced at said public hearing, found and determined that approving the aforesaid zoning change
would be consistent with the comprehensive plan of the City of Paris, consistent with the City zoning
ordinance, and in the best interests and to the benefit of the public health, safety, and welfare of the
citizens of the City of Paris; 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 boundaries heretofore established by the Zoning Map and Ordinance No.
1710 of the City of Paris, Paris, Texas, be, and the same are hereby, changed, and that a
COMMERCIAL DISTRICT (C) be, and the same is hereby, established on 53.624 ACRES WHICH
ARE A PART OF THE JOSHUA MOORE SURVEY A571, THE JOSEPH LEECH SURVEY
A524, AND THE J. W. WILLIAMS SURVEY A 1001, on property belonging to BARNEY BRAY,
so as to include in such COMMERCIAL DISTRICT (C) the hereinafter described property, which
was formerly and is presently designated as an AGRICULTURAL DISTRICT (A), and that the
boundaries of said COMMERCIAL DISTRICT (C) be, and the same are hereby, established as
follows:
SITUATED within the corporate limits of the City of Paris, County of Lamar,
and State of Texas, being part of the Joshua Moore Survey A571, the Joseph Leech
Survey A524, and the J. W. Williams Survey A1001 and being more particularly
described on Exhibit A, attached hereto and made a part hereof.
Section 3. That the Chief Building Official of the City of Paris be, and he is hereby, directed
to change the Zoning Map of the City of Paris in accordance with the provisions of Ordinance No.
1710 and the land use map accompanying the same, and in accordance with the provisions of this
ordinance.
Section 4. That any person violating any of the provisions of this ordinance shall be guilty
of a Misdemeanor, and, upon conviction, shall be fined in any sum not to exceed $2,000.00, and each
and every day's continuance of any violation of the above-enumerated sections shall constitute and
be deemed a separate offense.
Section 5. That all ordinances or parts of ordinances in conflict herewith are hereby
expressly repealed.
Section 6. That this ordinance shall become effective January l, 2007.
PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on
this the 1 lth day of December, 2006.
l " ,
Richard Manning, Mayor
ATTEST:
ice Ellis, City Clerk
APPROVED AS TO FORM:
Jo D. Lestock, Assistant City Attorney
AFFIDAVIT REQUEST FOR AMENDMENT TO ZONING ORDINANCE NO. 1710
STA7E OF TEXAS
COUNTY OF LAMAR §
BEFORE ME, the undersigned authority, on this day personaily appeared
BRANEY W B /+Y Iil , who upon oath deposes and
says:
"1 am BARNEY W BRAY ill , and my address is
1802 SOUTH CHURCH PARIS TEXAS (PHONE NO. 903-79443001 and 1 have a proprietary
interest in property located within the corporate limits oi the City of Paris being described as foilows;
SEE EXHIBIT A ATTACHED
"My interest in the above described property is owner
and I do request a change in zoning from AGRICULTURAL District
to rOMMERCIAL District.
"In support of said request I make the foliowing answers to questions 1-4:
1. WiII the re-zaning be in accordance with the original comprehensive zoning scheme, as
represented by the pre-estabiished zoning ordinance and the long range master plan and map that has
been adopted by the zoning ordinance?
2. Will the re-zoned designation be compatible with the classification and use of adjoining lands
so as to avoid adverse impact on neighbors?
3. Is the tract unsuitabie tor uses permitted under the present zoning classffication; therefore
justifying a change in zoning? Y S
~
SWO,IjN TO AND SUBSCRIBED BEFORE ME, by the said @ARNEY W BRAY I!I
this LLday of SEPTEMBER , 2606.
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4. Dces the re-zoning bear a substantiai reiationship to Me public health, safety, morais or
generai weifare or protect and preserve historicat and cuRural piaces and areas or meet a substantial
public need? YES