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2011-015 ORD AMENDING ZONING ORDINANCE NO 1710 REZONE LOTS 13 AND 14ORDINANCE NO. 2011-015 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 LOTS 13 AND 14, BLOCK 2, GIBBONS PARK ADDITION TO THE CITY OF PARIS, LAMAR COUIVTY, TEXAS AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO, LOCATED AT 847 6TH SE PARIS, TEXAS, FROM A ONE FAMILY DWELLING DISTRICT NO. 2(SF-2) WITH A SPECIFIC USE PERMIT (25) NURSERY SCHOOL, DAY NURSERY OR KINDERGARTEN SCHOOL TO A ONE FAMILY DWELLING DISTRICT NO 2(SF-2) WITH A SPECIFIC USE PERMIT (14) DAY CAMP; DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; A111D PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning & Zoning Commission received an application to amend the City Zoning Ordinance No. 1710, as heretofore amended, to rezone Lots 13 and 14, Block 2, Gibbons Park Addition to the City of Paris, Lamar County, Texas as more particularly described in Exhibit "A" attached hereto, located at 847 6th SE Paris, Texas from a One Family Dwelling District No. 2(SF-2) with a Specific Use Permit (25) IVursery School, Day Nursery or Kindergarten School to a One Family Dwelling District No. 2(SF-2) with a Specific Use Permit (14) Day Camp; and WHEREAS, on May 2, 2011, 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 amendment. WHEREAS, on May 23, 2011, following notice and publication as required by law, the City Council of the City of Paris conducted a public hearing on the proposed amendments 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 by a vote of 7 ayes and 0 nays. 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 s 13 and 14, Block 2, Gibbons Park Addition to the City of Paris, Lamar County, Texas as more particularly described in Exhibit "A" attached hereto, located at 847 61h SE Paris, Texas from a One Family Dwelling District No. 2(SF-2) with a Specific Use Permit (25) IVursery School, Day Nursery or Kindergarten School to a One Family Dwelling District No. 2(SF-2) with a Specific Use Permit (14) Day Camp. 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 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 7 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 first and final reading this the 23rd day of May, 2011. J e McCarthy, Mayor Pro ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: 2 1. ~nt McII ar, ty Attorney EXHIBIT "A" A Part of the Larkin Rattan Survey within the corporate limits of the City of Paris, and being Lots thirteen (13) and Fourteen (14) in Block Two (2) of the Gibbons Park Addition, according to plat of such Addition of record in Envelope 2-c, Lamar County Plat Records; described by metes and bounds as follows: BEGINNING at an iron rod in the EB line of 6t" Street SE at the NW corner of Lot 13 above mentioned; THENCE NORTH 89 Deg. 45 Min. East 97.0 feet, and iron rod at the NE corner of Lot 14; THENCE SOUTH 0 Deg. 45 Min. 30 Sec. West 151.5 feet, an iron rod in the NB line of Polk Street at the SE corner of Lot 14; THENCE NORTH 89 Deg. 21 Min West 95.0 feet, an iron rod in the EB line of 6th Street SE, at the SW corner of Lot 13; THENCE IVORTH 150.0 feet to the place of beginning, and being the same property described in deed to Gerald R. Stephens and wife, Wanda Sue Stephens, dated July 17,1992, of record in Book 299, Page 100, Lamar County Real Property Records; reference being made to all the above mentioned instruments and records for all necessary purposes.