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93-024ORDINANCE N0. 93-024 AN ORDINANCE PROVIDING FOR THE EXTF:NSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF PARIS, PARIS, TEXAS, AND THE ANNEXATION OF CERTAIN TERRITORY CONSISTING OF 231.7 ACRES, MORE OR LESS, WHICH IS LESS THAN TEN PERCENT (10%) OF THE TERRITORY INCLUDED WITHIN ITS PRESENT CITY LIMITS, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF PARIS, PARIS, TEXAS; APPROVING SERVICE PLAN AND PROVIDING ZONING FOR SAIll TERRITORY. WHEREAS, public hearings before the City Council of the City of Paris, Paris, Texas, where all interested persons were provided with an opportunity to be heard on the proposed ' annexation of the following described property: SITUATED about 22 miles S 501 W of the City of Paris, County of Lamar and State of Texas, a part of the Isaac Cruise Survey #162, Asa Jarman Survey #479, and the Lemuel Ewer Survey #313, and being a tract of land conveyed the Paris, Texas Industrial Foundation by Deed recorded in Vol. 550, Page 886, of the Deed Records of said County and State, and being a part of a 268.06 acre tract of land conveyed Donna Jones et a1 by deed recorded in Vol. 534, Page 579, Deed Records of said County and State, being further described as follows: • BEGINNING at an iron pin for corner in the South Boundary Line of the Texas and Pacific Railroad at the Northwest corner of said Industrial Foundation tract of land, said point being the most Northerly Northeast corner of said 268.06 acre tract of land; THENCE South, a distance of 636 feet to an iron pin on a pool bank and continuing on a total distance of 708 feet to a point for corner in said pool at the southwest corner of said Industrial Foundation tract of land an el corner of said 268.06 acre tract of land; ~ THENCE S 4° 13' E, a distance of 742 feet to iron pin for corner; THENCE along the South Boundary Line of said 268.06 acre tract of land as follows: N 891 15' E, a distance of 644 feet; S 89° 30' E, a distance of 388 _ feet; East, a distance of 1368.5 feet to an iron pin for corner; THENCE S 0° 15' W, a distance of 924 feet to an iron pin for corner at the most easterly southwest corner of said 268.06 acre tract of land; THENCE East, a distance of 1062 feet to an iron pin for corner at the Southwest corner of a tract of land conveyed Billy J. Partridge by deed recorded in Vo1. 581, Page 208, of said Deed Records; THENCE N 340 E, a distance of 150 feet to an iron pin for corner at the northwest corner of said Partridge tract of land; THENCE S 891 45' E, a distance of 115 feet to an iron pin for corner; ' THENCE along the West Bounoary Line of Farm Road 137 as follows: N 310 10' E, a distance of 856.23 feet; N 280 18' E, a distance of 100.10 feet; N 311 10' E, a distance of 150 feet; N 34° 2' E, a distance of 100.10 feet; N 31° IO' E, a distance of 965 feet to an iron pin for corner; THENCE along the Southerly Boundary Line.of Loop Hwy 286 as follows: N 21 52' W, a distance of 234.4 feet; N 390 15' W, a distance of 474.68 feet; S 461 36' 53" W, a distance oi 15 feet; N 540 57' 7" W, a distance of 627.8 feet; S 460 36' 53" W, a distance of 42 feet; N 43° 23' 7" W, a distance ( 56' 7" W, a distance of 233.9 feet; distance of 50.9 feet; to an iron pin THENCE S 760 W along the South said Texas and Pacific Railroad, a feet to ehe place of beginning and acres of land, more or less. )f 185 feet; N 13° N 44° 33' W, a for a corner; Boundary Line of distance of 3864 containing 231.7 were held at Paris, Texas, on the Sth day of April, 1993, in Regular Session convened, at 6:00 o'clock P.M., in the Council Room, City Hall, Paris, Texas on the 12th day of April, 1993, in Regular Session convened, at 6:00 o'clock P.M., in the Council Room, City Hall, Paris, Texas, which dates are not more than forty (40) nor less than twenty (20) days prior to the institution of annexation proceedings; and, WHEREAS, notice of such public hearings was published in a newspaper having general circulation in the City of Paris, Texas, and in the above descri.bed territory, on the 16th, 21st and 28th days of March, 1993, which dates are not more than twenty (20) nor less than ten (10) days prior to the date of such public hearings; and, WHEREAS, the total corporate area of the City of Paris, Paris, Texas, on the first day of January, 1993, was 17,695.09 acres; and, WHEREAS, the population of the City of 'Paris, Paris, Texas, is in excess of 25,000 and less than 50,000 inhabi- tants; and, WHEREAS, the above described territory lies within the extraterritorial jurisdiction of the City of Paris, Paris, Texas; and, WHEREAS, the above described territory lies adjacent to and adjoins the City of Paris, Paris, Texas; and, ~ WHEREAS, the above described territory contains 231.7 acres, more or less, which when added to other pro~perty annexed in the year 1993 is less than ten per cent (10%) of the present acreage contained in the corporate limits of the City of Paris, Texas; and, WHEREAS, a service plan providing for the extension of municipal services to the above described territory should be approved; and, WHEREAS, the above described property should be properly zoned as of the date of annexation; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS: Section l. The following described land and terri- tory lying adjacent to and adjoining the City of Paris, Paris, is hereby added and annexed to the City of Paris, Paris, Texas, and said territory hereinafter described shall hereafter be included within the boundary limits of the City of Paris, Paris, Texas, and the present boundary limits of said City, at the various points contiguous to the area hereinafter described are altered and amended so as to include said area within the corporate limits of the City of Paris, Texas, to-wit: SITUATED about 22 miles S 501 W of the City of Paris, County of Lamar and State of Texas, a part of the Isaac Cruise Survey #162, Asa Jarman Survey #479, and the Lemuel Ewer Survey #313, and being a tract of -2- land conveyed the Paris, Texas Industrial Foundation by Deed recorded in Vol. 550, Page 886, of the Deed Records of said County and State, and being a part of a 268.06 acre tract of land conveyed Donna Jones et al by deed recorded in Vol. 534, Page 579, Deed Records of said County and State, being further described as follows: BEGINNING at an iron pin for corner in the South Boundary Line of the Texas and Pacific Railroad at the Northwest corner of said Industrial Foundation tract of land, said point being the most Northerly Northeast corner of said 268.06 acre tract of land; THENCE South, a distance of 636 feet to an iron pin on a pool bank and continuing on a total distance of 708 feet to a point for corner in said pool at the southwest corner of said Industrial Foundation tract of land an el corner of said 268.06 acre tract of land; THENCE S 4° 13' E, a distance of 742 feet to iron pin for corner; THENCE along the South Boundary Line of said 268.06 acre tract of land as follows: N 890 15' E, a distance of 644 feet; S 89° 34' E, a distance of 388 feet; East, a distance of 1368.5 feet to an iron pin for corner; THENCE S 0° 15' W, a distance of 924 feet to an iron pin for corner at the most easterly southwest corner of.said 268.06 acre tract of land; THENCE East, a distance of 1062 feet to an iron pin for corner at the Southwest corner of a tract of land conveyed Billy J. Partridge by deed recorded in Vol. 581, Page 208, of said Deed Records; THENCE N 341 E, a distance of 150 feet to an iron pin for corner at the northwest corner of said Partridge tract of land; THENCE S 89° 45' E, a distance of 115 feet to an iron pin for corner; THENCE along the West Boundary Line of Farm Road . 137 as follows: N 311 10' E, a distance of 856.23 feet; N 281 18' E, a distance of 100.10 feet; N 310 10' E, a distance of 150 feet; N 340 2' E, a distance of 100.10 feet; N 311 10' E, a distance of 965 feet to an iron pin for corner; THENCE along the Southerly Boundary Line of Loop Hwy 286 as follows: N 21 52' W, a distance of 234.4 ' feet; N 39° 15' W, a distance of 474.68 feet; S 460 36' 53" W, a distance of 15 feet; N 540 57' 7" W, a distance of 627.8 feet; S 46° 36' 53" W, a distance of 42 feet; N 43° 23' 7" W, a distance of 185 feet; N 13° 56' 7" W, a distance of 233.9 feet; N 440 33' W, a distance of 50.9 feet; to an iron pin for a corner; THENCE S 761 W along the South Boundary Line of said Texas and Pacific Railroad, a distance of 3864 feet to the place of beginning and containing 231.7 acres of land, more or less. Section 2. The above described territory and area so annexed shall be part of the City,of Paris, Texas, and the property so added hereby shall bear its pro rata part of the taxes levied by the City of Paris, Paris, Texas, and the inhabitants thereof shall be entitled to all of the rights and privileges of all the citizens and shall be bound by the acts, ordinances, resolutions and regulations of the City of Yaris, Paris, Texas. Section 3. The service plan providing for the extension of municipal services into the above described territory, attached hereto as Exhibit A, is hereby approved. -3- Section 4. The above described territory is hereby zoned Light Industrial (LI) upon annexation as provided for in Zoning Ordinance No. 1710 of the City of Paris, Paris, Texas. Section 5. It is hereby declared to be the intention of the City Council of the City of Paris that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence paragraph or section of this ordinance shall be declared unconstitutional or invalid by the valid judgment or decree of any court of competent jurisdiction, such unconsti- tutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any unconstitutional or invalid phrases, clauses, sentences, paragraphs or sections. It is further hereby declared to be the intention of the City Council of the City of Paris to exclude any area or areas described in the description of the property to be annexed, which are not within said City's jurisdiction to annex and that such area or areas should be carved out of the description of the property herein described by the valid judgment or decree of any court of competent jurisdiction, in order that such area or areas would not cause this annexation ordinance to be found to be invalid, voidable or void. Section' 6. This ordinance shall be published and passed in the manner provided in Article II, Section 7, of the Charter of the City of Paris, Paris, Texas. Passed and adopted this 14th day of June, 1993. ~ 4Grgleei_sher, Mayor •ATTEST : Mattie Cunningham, City erk APPROVED AS TO FORM: ~ T. . Hayne , City Attorney -4- SERVICE PLAN PROPOSED ANNEXATION OF A 231.7 ACRE TRACT OF LAND ON F.M. HIGHWAY 137 AIJD LOOP 286 SW - (KIMBERLY - CLARR SITE) PROPOSED SERVICE PROGRAM: 1. Immediately upon annexation, the City is currently furnishing protection, fire protection and solid waste collection on the same basis-as is offered present land owners within the City Limits. 2. The industry on this tract of land is presently served by City water and sanitary sewer, Lone Star Gas and Texas Utilities Electrical services. 3. The City of Paris will maintain all water and sewer mains servicing the area. 4. This tract of land has frontage on F.M. Highway 137 and Loop 286 S.W., both of which are maintained by the Texas Department of Highways and Public Transportation. 5. Street Lighting is the responsibility of the City of Paris and will be provided to the area on the same basis as is provided for other areas in the City Limits. Requests for street lights are submitted to the City Manager's office for investigation of need in accordance with approved policy. 6. There are no parks playgrounds or swimming pools in the area and none are proposed because the tract is in an area reserved for industrial and commercial development. EXHIBIT "A"