2008-018-ORD-AMENDING ZONING ORD NO 1710ORDINANCE NO. 2008 -018
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, AS
HERETOFORE AMENDED, SO AS TO REZONE 0.6597 ACRE TRACT OF LAND
LOCATED AT THE SOUTHEAST CORNER OF FM 79 AND COUNTY ROAD 31300, IN
THE B. F. BOURLAND SURVEY, ABSTRACT NO. 70, CITY OF PARIS, LAMAR
COUNTY, TEXAS, FROM AN AGRICULTURAL DISTRICT (A) TO A COMMERCIAL
DISTRICT (C) 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 an amendment to the
zoning ordinance of the City of Paris; to rezone 0.6597 ACRE TRACT OF LAND LOCATED IN THE B. F.
BOURLAND SURVEY, ABSTRACT NO. 70 from an AGRICULTURAL DISTRICT (A) to a COMMERCIAL
DISTRICT (C); and,
WHEREAS, on June 2, 2008, the Planning and Zoning Commission conducted 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, on June 9, 2008, the City Council of the City of Paris conducted 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 0.6597 ACRE
TRACT OF LAND LOCATED IN THE B. F. BOURLAND SURVEY, ABSTRACT NO. 70, City of Paris, Lamar
County, Texas, from AGRICULTURAL DISTRICT (A) to COMMERCIAL DISTRICT (C) , said property
being more particularly described in 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 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 S. 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, or 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 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 B. 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
9th day of June, 2008. .7
J sse Jame Freelen, Mayor
ATTEST:
J ice Ellis, City Clerk
APPROVED AS TO FORM:
G✓•
W. Kent McIly , ity Attorney
C CHALAIRE SURVEYING, INC.
S BOUNDARY • TOPOGRAPHY • CONSTRUCTION
I
Field Notes
0.6597 Acres of Land out of the Abe Enns Property
Located in the B. F. Bourland Survey, Abstract No. 70
In the City of Paris, Lamar County, Texas
Being a 0.6597 acre tract of land located in the B. F. Bourland Survey, Abstract No. 70, in the City of
Paris, Lamar County, Texas; being out of and part of that certain 4.751 acre tract of land described in
deed dated April 13, 2007 to Abraham B. Enns, et ux, recorded in Vol. 1877, Pg. 38 of the Lamar County
Official Public Records (L.C.O.P.R.), said 0.6597 acre tract of land is more particularly described by
metes and bounds as follows (all bearings cited herein are based on South 03 degrees 56 minutes 37
seconds West along the most northerly east boundary line of said Enns tract per Vol. 1877, Pg. 38,
L.C.O.P.R.):
BEGINNING at a nail found in County Road 31300, the south right -of -way line of Farm Road 79 (width
varies per Vol. 272, Pg. 137 and Vol. 273, Pg. 162 of the Lamar County Deed Records [L.C.D.R.]) and
the east boundary line of that certain tract of land described in deed dated February 1998, to Ramona C.
Sims, recorded in Vol. 855, Pg. 312 of the Lamar County Real Property Records (L.C.R.P.R.) for the
northwest comer of said 4.751 acre Enns tract and the herein described tract;
1.) THENCE along the south right -of -way line of Farm Road 79 and the north boundary line of said
Enns tract as follows: South 70 deg. 16 min. 24 sec. East, a distance of 11.67 feet to a 1/2 -inch
iron rod with cap set for an angle point; South 83 deg. 49 min. 24 sec. East, a distance of 114.35
feet to a 1/2 -inch iron rod with cap found for the most easterly northeast corner of said Enns tract
and the northwest corner of that certain tract of land described in deed dated July 16, 1999, to
Marshall Sugg, recorded in Vol. 895, Pg. 92, L.C.R.P.R.;
2.) THENCE South 03 deg. 56 min. 37 sec. West, along the east boundary line of said Enns tract and
the west boundary line of said Sugg tract, a distance of 225.00 feet to a set 1/2 -inch iron rod with
cap;
3.) THENCE North 82 deg. 41 min. 49 sec. West, a distance of 131.43 feet to a nail set in County
Road 3 13 00, the west boundary line of said Enns tract, and the east boundary line of that certain
tract of land described in Affidavit of Heirship to Danny Myles, recorded in Vol. 1464, Pg. 208,
L.C.O.P.R.;
4.) THENCE North 05 deg. 23 min. 57 sec. East, along the center of County Road 31300, the east
boundary line of said Myles tract, and the west boundary line of said Enns tract, passing the
southeast corner of said Sims tract, and continuing along the east boundary line of said Sims tract,
a total distance of 225.00 feet to the POINT OF BEGINNING and containing 0.6597 acre of land.
1, Dennis E. Chalaire, certify that the above property description represents a s•— '
under my supervision.
QR x pJ,,t Date May 12, 2008 . -- rc�•C�- US
Dennis E. Chalaire, R.P.L.S. No. 5469 DENNis e:
File: 8026
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1015 South Collegiate Drive • Paris, Texas 75460 • Tel 903.784.1454 • j, .