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2007-045-ORD-Amending Zoning Ordinance No. 1710ORDINANCE N0. 2007-045 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ZONING ORDINANCE N0.1710 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, SO AS TO REZONE A PART OF LOT 5, CITY BLOCK 181, CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A MULTIPLE-FAMILY DWELLING DISTRICT N0.1(MF- 1) TO A MULTIPLE-FAMILY DWELLING DISTRICT N0,1(MF-1) WITH A SPECIFIC USE PERMIT (5) CEMETERY OR MAUSOLEUM DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A PENALTY CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the Planning & Zoning Commission received a request for amendment to the Zoning Ordinance of the City of Paris; 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, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That the Official Zoning Map of the City of Paris, Texas and Zoning Ordinance No.1710 of the City of Paris as heretofore amended is hereby further amended to rezone A PART OF LOT 5, CITY BLOCK 181, City of Paris, Lamar County, Texas, from MULTIPLE-FAMILY DWELLING DISTRICT N0.1(MF-1) to MULTIPLE-FAMILY DWELLING DISTRICT N0.1 (MF-1) WITH A SPECIFIC USE PERMIT (5) CEMETERY OR MAUSOLEUM, said property being more particularly described as follows: SITUATED within the corporate limits of the City of Paris, County of Lamar, and State of Texas, being a part of the Larkin Rattan Survey, being a part of Lot 5, City Block 181, on the East side of South Church Street and being the same land conveyed to the Central Presbyterian Church of Paris, Texas, in three deeds, dated July 5, 1916, one from Morris Fleming and wife of record in deed book 157, page 210, one from A. G. Hubbard of record in book 157, page 211, and one from Sayers Boyd of record in deed book 160, page 108, Lamar County Deed Records, and more particularly described in metes and bounds in Exhibit A attached hereto and made a part hereof, being numbered 309 Church Street. Section 3. That the Chief Building Official of the City of Paris be, and he is hereby, directed to change the Official Zoning Map of the City of Paris, Texas to reflect the changes set forth in this ordinance. Section 4. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 5. That the repeal of any ordinance or part of ordinances affected by the enactment of this ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying, ar altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this ordinance. Section 6. That it is the intention of the City Council of the City of Paris that this ordinance, and every provision hereof, shall be considered severable, and the invalidity or partial invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any other portion of this ordinance. Section 7. That any person violating any of the provisions of this ardinance 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 8. That this ordinance shall become effective immediately upon its passage. PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this the 12th day of November, 2007. ATTEST: . J~Aice Ellis, City Clerk J sse James reelen, Mayor APPROVED AS TO FORM: W. Kent McIlyar, Ci Attey EXHIBIT "A" SITUATED in the County of Lamar, State of Texas, within the corporate limits of the City of Paris, a part of the Larkin Rattan Survey, being a part of Lot 5, City Block 181, located at 309 Church Street, and being a part of a tract of land conveyed from Sayers Boyd, recorded in Book 160, Page 108, Lamar County Deed Records, and being more particularly described as follows: BEGINNING at a point in the East Boundary Line of South Church Street, the Southwest corner of said tract of land; THENCE North with the East Boundary Line of South Church Street, a distance of 35 feet, a point; THENCE East a distance of 35 feet, a point; THENCE South a distance of 35 feet, a point in the South Boundary Line of said tract; THENCE West, with the South Boundary Line of said tract of land a distance of 35 feet to the point of beginning and containing 1225 square feet, approximately 0.028 acres of land, more or less.