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91-043• i . , ORDINANCE N0. 91-043 AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF PARIS, PARIS, TEXAS, AND THE ANNEXATION OF CERTAIN TERRITORY CONSISTING OF 97.6 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 SAID 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: TRACT ONE: SITUATED about 1"f miles Southwest of the Court House, Paris, Lamar County, Texas, a part of. the Asa Jarman Survey, and being the same land conveyed Texas Pacific Railway Company of record in Vol. 388, Page 453, of the Deed Records of said County and State and a part of the same 10 acres more or less as described in a deed from Harrison to Banlchead of record in Vol. 130, Page 527, of said Deed Records, and being described as follows: BEGIIVNING at a stake for corner at the intersection of the present East Boundary Line of Farm Road No. 137 and the South Boundary Line of the Texas and Pacific Railway Company; THENCE North 77 degrees 00 minutes East along the South Boundary Line of said Railway Company a distance of 1645.7 feet to a stake for corner; THENCE South a distance of 761 feet to a stake for corner; THENCE North 89 degrees 24 minutes West a distance , of 684 feet to an iron pin for corner; ' THENCE South 1 degree 05 minutes West a distance of 820 feet to an iron pin for corner; THENCE North 89 degrees 15 minutes West a distance of 1962 feet to a stake for corner in the East Boundary Line of Farm Road No. 137; THENCE along the East Boundary Line of said Farm Road with the following calls: North 50 degrees 17 minutes Last a distance of 361.8 feet to the beginning of a curve to the left having a radius of 2924.79 feet, around said curve to the left a distance of 840.6 feet to the end of said curve, North 33 degrees 49 minutes East a distance of 392 feet to the place of beginning and containing 50.601 acres of land, more or less. TRACT TWO: SITUATED about 2 miles South 45 degrees West of the Court House, a part of the Lewuel Ewer Survey and being a part of the same land conveyed to H. S. Reeder, J. A. Scarborough, Sr., and R.Leon Hodges from Herbert C. Hoover and wife Daurene A., Hoover by deed dated February 26, 1962, of record in Volume 385, Page 244, of the Deed Records of said County and State; BEGINNING at the Northeast corner of the above mentioned 115.55 acre tract an iron pin for corner in the North Boundary Line of the Ewer Survey; THENCE South 0 degrees 24 minutes West a,distance of 401.6 feet to an iron post for corner, the northwest corner of Texas Power and Light Company tract; THENCE South 76 degrees 00 minutes West a distance ~ of 1953.3 feet to a stake; THENCE South 66 degrees 17 minutes West a distance of 390.2 feet a stake in the North Boundary Line of Loop Highway 286; THENCE North 39 degrees 18 minutes West along said Boundary Line of said Highway 20 feet to a concrete marker; THENCE North 43 degrees 08 minutes West continuing along said Boundary Line of said Highway, 400 feet to a concrete marker; THENCE North 1 degree 10 minutes West a distance of 127.9 feet to a concrete marker for corner in the East Boundary Line of F.M. Highway 137; THENCE along the East Boundary Line of F. M. Highway 137 with the following calls: North 40 degrees 46 minutes East 142.6 feet; North 43 degrees 15 minutes East 68.3 feet to the beginning of a curve to the left having a radius of 1849.86 feet; around said curve to the left a distance of 236.2 feet to the end of said curve; North 50 degrees 17 minutes East a distance of 468.8 feet a stake for corner; , THENCE South 89 degrees 15 minutes East a distance of 1872 feet to the place of beginning and containing 37.801 acres of land, more or less. TRACT THREE: SITUATED in the Asa Jarman and James Bourland Surveys, a part of the seventh tract as described in a Receivers Deed, J. D. Beaty Receiver Company to T. J. Fouts, Jr., Trustee; BEGINNING at the most northerly northwest corner of the above mentioned tract an iron pin for•-corner; THENCE South 89 degrees 24 minutes East a distance of 684 feet to a stake for corner; THENCE South 56 degrees 51 minutes West a distance of 1449 feet to an iron post for corner in the West Boundary Line of the above mentioned tract; THENCE North 0 degrees 24 minutes East a distance of 401.7 feet to an iron pin for corner; THENCE South $9 degrees 15 minutes East a distance of 90 feet to an iron pin for corner; - . THENCE North 1 degree 05 minutes East a distance' ' of 820 feet to the place of beginning and containing 9.177 acres of land, more or less. As determined by an actual survey made on the ground by R. S. Chaney, Registered Professional Engineer No. 15688 on the 3rd day of December, 1976. were held at Paris, Texas, on the 6th day of June, 1991, in Regular Session convened, at 6:00 o'clock P.M., in the Council Room, City Hall, Paris, Texas on the lOth day of June, 1991, 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, Paris, Texas, and in the above described territory, on the 19th, 22nd and 26th days of May, 1991, which dates are not more than twenty (20) nar les's than ten (10) days prior to the date of such public hearings,; and, WHEREAS, the totat corporate area of the City of Paris, Paris, Texas, on the first day of January, 1991, was 17,590.84 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 97.6 acres, more or less, which when added to other property ' annexed in the year 1991 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 pro- perly zoned as of the date of annexation; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS: Section 1. 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: TRACT ONE: SITUATED about 12 miles Southwest of the Court House, Paris, Lamar County, Texas, a part of the Asa Jarman Survey, and being the same land conveyed Texas Pacific Railway Company of record in Vo1. 388, Page 453, of the Deed Records of said County and State and a part of the same 10 acres more or less as described in a deed from Fiarrison to Bankhead of record in Vol. 130, Page 527, of said Deed Records, and being described as follows: BEGINNING at a stake for corner at the intersection of the present East Boundary Line of Farm Road No. 137 and the South Boundary Line of the Texas and Pacific Railway Company; THENCE North 77 degrees 00 minutes East along the South Boundary Line of said Railway Company a distance of 1645.7 feet to a stake for corner; THENCE South a distance of 761 feet to a stake for corner; THENCE North 89 degrees 24 minutes West a distance of 684 feet to an iron pin for corner; THENCE South 1 degree OS minutes West a distance of 820 feet to an iron pin for corner; THENCE North 89 degrees 15 minutes West a distance of 1962 feet to a stake for corner in the East Boundary Line of Farm Road No. 137; THENCE along the East Bou'ndary Line of said Farm Road with the following calls:, North 50 degrees 17 minutes East a distance of 361.8 feet to the beginning of a curve to the left having a radius of 2924.79 feet, around said curve to the left a distance of 840.6 feet to the end of said curve, North 33 degrees 49 minutes East a distance of 392 feet to the place of beginning and containing 50.601 acres of land, more or less. TRACT TWO: SITUATED about 2 miles South 45 degrees West of ~ the Court House, a part of the Lewuel Ewer Survey and being a part of the same land conveyed to H. S. Reeder, J. A. Scarborough, Sr., and R. Leon Hodges from Herbert C. Hoover and wife Daurene A. Hoover by deed dated February 26, 1962, of record in Volume 385, Page 244, of the Deed Records of said County and State; BEGINNING at the Northeast corner of the above mentioned 115.55 acre tract an iron pin for corner in the North Boundary Line of the Ewer Survey; THENCE South 0 degrees 24 minutes West a distance of 401.6 feet to an iron post for corner, the northwest corner of Texas Power and Light Company tract; THENCE South 76 degrees 00 minutes West a distance of 1953.3 feet to a stake; THENCE South 66 degrees 17 minutes West a distance of 390.2 feet a stake in the North Boundary Line of Loop Highway 286; THENCE North 39 degrees 18 minutes West along said Boundary Line of said Highway 20 feet to a concrete marker; THENCE North 43 degrees 08 minutes West continuing along said Boundary Line of said Highway, 400 feet to a concrete marker; ' THENCE North 1 degree 10 minutes West a distance of 127.9 feet to a concrete marker for corner in the East Boundary Line of F.M. Highway 137; THENCE along the East Boundary Line of F. M. , Highway 137 with the following calls: North 40 degrees 46 minutes East 142.6 feet; North 43 degrees 15 minutes East 68.3 feet to the beginning of a curve to the left having a radius of 1849.86 feet; around said curve to the left a distance of 236.2 feet to the end of said curve; North 50 degrees 17 minutes East a distance of 468.8 feet a stake for corner; THENCE South 89 degrees 15 minutes East a distance of 1872 feet to the place of beginning and containing 37.801 acres of land, more or less. TRACT THREE: SITUATED in the Asa Jarman and James Bourland Surveys, a part of the seventh tract as described in a Receivers Deed, J. D. Beaty Receiver Company to T. J.~ ' Fouts, Jr., Trustee; ~ BEGINNING at the most northerly northwest corner of the above mentioned tract an iron pin for corner; THENCE South 89 degrees 24 minutes East a distance of 684 feet to a stake for corner; THENCE South 56 degrees Sl minutes West a distance of 1449 feet to an iron post for corner in the West Boundary Line of the above mentioned tract; THENCE North 0 degrees 24 minutes East a distance of 401.7 feet to an iron pin for corner; THENCE South 89 degrees 15 minutes East a distance of 90 feet to an iron pin for corner; THENCE North 1 degree 05 minutes East a distance of 820 feet to the place of beginning and containing 9.177 acres of land, more or less. As determined by an actual survey made on the ground by R. S. Chaney, Registered Professional Engineer No. 15688 on the 3rd day of December, 1976. Section 2. The above desc,ribed 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, Yaris, 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 Paris, 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. ' Section 4. The above described territory is hereby zoned Heavy Industrial (HI) 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 inten- tion 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. 5ection 6. This ordinance shall be published and passed in the manner provided in Article II, Section 7, of Che Charter of the City of Paris, Paris, Texas. Passed and adopted this 12th day of August, 1991. oMayor ' ATTEST: Mattie Cunningham, Cit erk APPROVED AS TO FORM: T. 4K.a6ynes City ~Attey or SERVICE PLAN FOR PRnPOSED ANNE%ATION OF A 97.6 ACRE TRACT OF LAND ON S.W. 19TH STREET _ (SOUTIiWESTERN FQUNDRY SITE) PROPOSED SERYICE PROGRAM: Immediately upon annexation, the City will furnish police 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 • dnd none are proposed because the tract is in an area reserved for industrial and commercial development. r% it i i r% i 'r A