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2009-047-ORD REZONE 1180 19TH NW STORDINANCE NO. 2009 -047 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 LOT 3, CITY BLOCK 235, 1180 19th NW STREET, CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A ONE - FAMILY DWELLING DISTRICT NO. 3 (SF -3) 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 Lot 3, City Block 235, 1180 19th NW Street, City of Paris, Lamar County, Texas from a One- Family Dwelling District No. 3 (SF -3) to a Commercial District (C); and, WHEREAS, on October 5, 2009, following notice and publication as required by law, the Planning and Zoning Commission conducted a public hearing on the proposed amendment to the City zoning ordinance and, following said hearing, made formal recommendation to the City Council to approve the requested zoning; and, WHEREAS, on October 26, 2009, following notice and publication as required by law, the City Council of the City of Paris conducted a public hearing on the 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 Future Land Use Plan of the City of Paris, consistent with the City zoning ordinance, and in the best interests 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 Lot 3, City Block 235, 1180 19th NW Street, City of Paris, Lamar County, Texas, from a One- Family Dwelling District No. 3 (SF -3) to a 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 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, 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 provision of this ordinance shall be guilty of a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with provisions of Sec. 1 -6 of Chapter One of the City of Paris Code of Ordinances, 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 the City Council voted by a supermajority vote of the entire Council to suspend the rule requiring two readings before adoption of ordinances 6 ayes and 0 nays. Section 9. That this ordinance shall become effective from and after its passage of the first reading and publication as required by law. PASSED AND ADOPTED on by the city Council of the city of Paris, in regular session on this the 26th day of October, 2009. sse Jame reelen, Mayor ATTEST: J ice Ellis, City Clerk APPROVED AS FORM: W. Kent McII r, ity Attorney Notice of confidentiality rights: If you are a natural person, you may remove or strike any or all of the following information from any instrument that transfers an interest in real property before it is filed for record in the public records: your social security number or your driver's license number. SHERIFF'S TAX DEED (TAX RESALE) STATE OF TEXAS X X KNOW ALL MEN BY THESE PRESENTS C-01LT 'TY 0 LA, MlAa? X That whereas, by virtue of a resolution of the City of Paris, Trustee, Lamar County, Texas, and pursuant to Section 34.05 (c) of the Texas Property Tax Code, 1, B. J. McCoy, Sheriff of Lamar County did advertise the below described property by giving public notice to the time and place of said sale by an advertisement in the English language, published once a week for three (3) consecutive weeks preceding such sale, the first publication appearing not less that (20) days immediately preceding the day of sale, beginning on July 5, 2009, in The Paris News, a newspaper published in the county of Lamar stating in said advertisement the time and place of sale, a description of the property to be sold, the suit under which the property was sold at the tax foreclosure sale, and the date of the tax foreclosure sale, and on the first Tuesday in August, 2009, beginning at 2:00 p.m., sold and hereinafter described land or lots at public venue, at the Eastside Steps of the Courthouse in Paris, Texas, at which sale the premises hereafter described were struck off to BOBBY R. JONES 3066 FM 2820 SUMNER, TX 75486 for the sum of $1,100.00, he being the highest bidder therefor, and that being the highest bid for the same, NOW, THEREFORE, in consideration of the premises aforesaid, and of the payment of the aforesaid sum, the receipt of which is hereby acknowledged, 1, as Sheriff aforesaid, have Granted, Sold, and Conveyed, and by these presents do Grant, Sell, and Convey unto the said grantee all of the estate, right, title, and interest of the City of Paris, Trustee, and all other taxing units interested in the tax foreclosure judgment of that certain suit, Cause No. 72828, Lamar County Appraisal District vs. Floyd Bunch, against the property herein conveyed, acquired by tax foreclosure sale heretofore held, said property being located in Lamar County, and described as follows: 0.15 ACRE, MORE OR LESS, BEING A PORTION OF BLOCK 235, ORIGINAL TOWNSITE, CITY OF PARIS, LAMAR COUNTY, TEXAS, AS DESCRIBED IN FIRST TRACT IN DEED DATED NOVEMBER 10, 1988 FROM ETHEL WHITE TO FLOYD BUNCH, RECORDED IN VOLUME 57, PAGE 308, REAL PROPERTY RECORDS OF LAMAR COUNTY, TEXAS (ACCT #17776 PARIS ISD, CITY OF PARIS, PARIS JR. COLLEGE & LAMAR CO.) TO HAVE AND TO HOLD the above described premises, together with all and singular the rights, privileges, and appurtenances thereto in any manner belonging unto the said grantee, his heirs and assigns forever, so that neither the grantor, nor any other taxing unit interested in said tax foreclosure judgment, nor any person claiming under it and them, shall at any time hereafter have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof, as fully and absolute as 1, Sheriff aforesaid, can convey by Section 3 4.0 5 (c); 071979 -2009 Pages: 2 DS 08/19/2009 10:59:20 AM By: gretchenb Lamar County, TX Kath Marlowe - County Clerk EXHIBIT .L IIII 11 X111 III I I IIII II 11 I IIII IIII III 1111111 I 1 I III II II Taxes for the present year are to be paid by grantee(s) herein. This conveyance is made expressly subject to recorded restrictive covenants running with the land, and valid easements of record as of the date of this sale, if such covenants or easements were recorded prior to January 1 of the year the tax lien(s) arose. Conveyance of the property herein is made "as is" and grantors make no warranty or representation as to the property's condition, suitability for any use, and property's location. IN TESTIMONLY, WHEREOF �he City of Paris, Trustee has caused these presents to be executed this G day of 2009. City of Paris, Trustee BY: . =r . ,l c B. J. McCoy, Sheriff Lamar County, Texas BY: — 14 4r / Deputy She ' f STATE OF TEXAS X COUNTY OF LAMAR X This instr ment was acknowledged before me on this I t� day of - vJ-,+ 2009, by Sheriff/Deputy Sheriff of Lamar County. Notary Public, State of Texas Commission, Expires: 1 –� After recording return to: Bobby R. Jones 3066 FM 2820 Sumner, TX 75486 W Uwn Foneru.amar \Ta, Sale. RSd -d,. 2009 \728281,- ru.1dee.- Ci1,'-B. Jones do \08117/09 1 .13 PM %.#f t a yr rMr®r.x COMMUNITY DEVELOPMENT DEPARTMENT P. O. Box 9037 r Paris, Texas 75461 in 903 - 784 -9234 APPLICATION FOR ZONING CHANGE TYPE OF ACTION REQUESTED: G- Zoning Change Specific Use Permit ❑ Planned Development PROPERTY INFORMATION: Address: Name of Business or Building (if applicable): _ � 'S Lot �_ Block �� Subdivision Fill] For Office Us Only Request Number: e U r� c 1 Mtg Date: Current Zoning: ( Proposed Zoning: r- 1�r !z,) 7- What is the proposed use of the property? rt <,N9 �vci l r Describe the character and/or nature of uses of surrounding property. Jai 6 ^ -'r � � �" pr f ��' l � Ae^+ )m l-i-Q i A � Will the re -zoned designation be compatible with the classification and use of adjoining lands? (Yes No If No, how do you propose to reduce any adverse impact? Is the tract unsuitable for uses permitted under the present zoning classification? Yes / No If No, why are you requesting a change in the permitting uses? OWNER/APPLICANT INFORMATION: of you are not the owner, a permission letter from the owner is required. If you are purchasing the property, a copy of the contract may be used in lieu of a permission letter ONLY IF the contract provides that the purchase is contingent upon the applicant successfully obtaining a zoning change.) Applicant's, Name: Applicant's Address: 50�, � �� 76,) pct �% e_ 7519 Property Owner's Name: Phone:c9D �-:, 791;1 - `2 %•c rF - Property Owner's Address: 3 o & (Q F1-q P., r, 72 25elS- ( Phone: ®[ Q'//// EEi//■/// R/■ E/ L'// / / ■te / /!tC / / / / / / /E / / / / / / / / / / /// Lf6®////// t6/ EfkL!/ tfdt / /E/ / /[F / / /i ® /E /E /!/[ / ®EtF L' / ®[ R_ EPUIRED SUBMITTALS (check those items which are included): 9mpleted application signed by the owner /applicant If Planned Development requested, include also: OpeCopy of a deed with metes and bounds ❑ Four (4) copies of a preliminary site plan • Permission letter from owner • Copy of contract to purchase the property I have carefully read the complete application and know the same is true and correct. I hereby agree to comply with all provisions of local, State, and Federal Laws will be complied with, whethe erei s ecifieft ot. I certify that I am the owner of the above property or his duly authorized agent.'° F Signed: Address: 3 b i �, Print Name: Phone Number: �i Z 'J _ Date: _ Fax Number: SWORN TO AND SUBSCRIBED BEFORE ME this,") \ day of "�, ` Notary Public, too Texas �-• '� I FILED: ( 12!06 y;.� l � , fL•B!'81Cd RRQt�C'l4 tYC pRAkRtr/rRQktritr�00fC4a i 4 ,.�Oky Pu, BETHANY L. SKINNER ; Notary Public tr; STATE OF TEXAS My Commission Expires 06/09/2013 S . ancaeearFfoata�as� %aMapaaanaaaes.aeaaae MEMORANDUM TO: Chairman and Members of the Planning and Zoning Commission Honorable Mayor and Members of the City Council FROM: Planning and Development Department SUBJECT: Zoning Change Requests DATE: September 28, 2009 The following zoning change request will be presented at the October 5, 2009, meeting of the Planning and Zoning Commission and the October 26, 2009, meeting of the City Council of the City of Paris for consideration: Bobby R. Jones is requesting that the property located on Lot 3, City Block 235, being number 1180 19`x' Street N.W., be rezoned from a Single Family Dwelling District No. 3 (SF -3) to a Commercial District (C). The Comprehensive Plan recommends that this property be zoned Commercial. cc: Kevin Carruth, City Manager W. Kent McIlyar, City Attorney