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85-011ORDINANCE N0. 85-011 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 8 ACRES, MORE OR LESS, WHICH IS LESS THAN TEN PERCENT (10%) OF THE TERRI- TORY 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, 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 1: Situated 2 miles North 5 Deg. East of the City of Paris, County of Lamar and State of Texas, a part of the Redding Russell Survey #786, and being a part of a 94.07 acre tract of land as - willed to Estelle Council and as shown in an Affidavit as recorded in Vol. 305, Page of the Deed Records of said County and State; BEGINNING at an iron pin for corner in the Nortli boundary line of Stone Ave at the Southwest corner of a 1.91 acre tract of land conveyed in Vol, 359, Page 163, of said Deed Records, said point being the South boundary line of said 94.07 acre tract; THENCE North 29 Deg. 22 Min East along the West boundary line of said 1.91 acre tract a distance of 295.2 feet to an iron pin for corner; THENCE North 61 Deg. West a distance of 295.1 feet to an iron pin for corner; THENCE South 29 Deg. 22 Min. West a distancei of 295.2 feet to an iron pin for corner; THENCE South 62 Deg. east along the North boundary line of said Stone Ave., along the North boundary line of said City of Paris, and the South boundary line of said 94.07 acre tract a distance of 295.1 feet to the place of beginning and containing 2 acres of land. TRACT 2: Situated in Lamar County, Texas, being a part of a 94.07 acre tract of land devised to Estelle Council in the will of Shara A. Hull, which 94.07 acres is described in the survey of J. W. Crook County Surveyor, recorded in Book 305, Page 455, Deed Records of Lamar County, Texas, a six acre tract of land being that portion of the 94.07 acre tract described as follows: BEGINNING at a point' in the South boundary line of said tract, said South boundary line being that part of the tract lying adjacent to Stone Avenue, which point will be approximately 300 feet West of the Southeast corner of the portion of said 94.07 acre tract now owned by Estelle Council; THENCE in a Westerly direction with the South boundary line of the 94.07 acre tract of land approximately 511 feet, a stake; THENCE in a Northerly direction 511 feet, a stake; THENCE in an Easterly direction parallel with the South boundary line of said tract approxi- mately 511 feet, a stake; THENCE in a Southerly direction approximately 511 feet to the place of beginning, containing 6 acres of land, being the same property described by survey made on the ground on the 14th day of December, 1984 by J. M. Nelson, Registered Public Surveyor of Texas, No. 4025 as follows: Situated about 2 miles North 5 Deg. East of the City of Paris, County of Lamar, and State of Texas, a part of the Reddin Russell Survey #786, and being a part of a 94.07 acre tract of land as willed to Estelle Council as shown in an Affidavit as recorded in Vol. 305, Page 455, of the Deed Records of said County and State. BEGINNING at an iron pin for corner in the North Boundary Line of Stone Ave, at the Southwest corner of a 2 acre tract of land conveyed G. Edward Clark et al by deed recorded in Vol. 672, Page 312, of said Deed Records, said point being in the present South boundary line of said 94.07 acre tract. THENCE North 29 Deg. 22 Min. East at 295.2 feet passing the Northwest corner. of said 2 acre tract and continuing on a total distance of 511.2 feet to an iron pin for corner; THENCE North 60 Deg. 56 Min. West a distance of 511.2 feet to an iron pin for corner; THENCE South 29. Deg. 22 Min. West a distance of 511.2 feet to an iron pin for corner; THENCE South 60 Deg. 56 Min. East along the North Boundary Line of said Stone Ave. and the South Boundary Line of said 9.407 acre tract a distance of 511.2 feet to the place of beginning and containing 5.99 acres of land. were held at Paris, Texas, on the 6th day of December, 1984, in Regular Session convened, at 5:15 o'clock P.M., in the Council Room, City Hall, Paris, Texas on the lOth day of December, 1984, in Regular Session convened, at 7:00 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 described territory, on the 23rd and 25th days of December, 1984, 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, 1985, was 14,258.457 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 8 acres, more or less, which when added to other property annexed in the year 1985 is less than ten per cent (10$) of the present acreage contained in the corporate limits of the City of Paris, Texas; 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 1: Situated 2 miles North 5 Deg. East.of the City of Paris, County of Lamar and State of Texas, a part of the Redding Russell Survey.,#786, and being a part of a 94.07 acre tract of land as willed to Estelle Council and as shown in an Affidavit as recorded in Vol. 305, Page of the Deed Records of said County and State; BEGINNING at an iron pin for corner in the North boundary line of Stone Ave at the Southwest corner of a 1.91 acre tract of land conveyed in Vol, 359, Page 163, of said Deed Records, said point being the South boundary line of said 94.07 acre tract; , THENCE North 29 Deg. 22 Min East along the West boundary line of said 1.91 acre tract a , distance of 295.2 feet to an iron pin for corner; THENCE North 61 Deg. West a distance of 295.1 feet to an iron pin for corner; THENCE South 29 Deg. 22 Min. West a distance of 295.2 feet to an iron pin for corner; TFiENCE South 62 Deg, east along the North boundary line of said Stone Ave., along the North boundary line of said City of Paris, and the South boundary line of said 94.07 acre tract a distance of 295.1 feet to the place of beginning and containing 2 acres of land. TRACT 2: Situated in Lamar County, Texas, being a part ' ~of a 94.07 acre tract of land devised to Estelle Council in the will of Shata A. Hull, which 94.07 acres is described in the purvey of J. W. Crook County Surveyor, recorded in Book 305, Page 455, Deed Records of Lamar County, Texas, a six acre tract of land being that portian of the 94.07 acre tract described as follows: IIEGINNING at a point in the South boundary line of said tract, said South boundary line being that part of the tract lying adjacent to Stone Avenue, which point will be approximately 300 feet West of the Southeast corner of the portion of said 94.07 acre tract now owned by Estelle Council; THENCE in a Westerly direction with the South boundary line of the 94.07 acre tract of land approximately 511 feet, a stake; THENCE in a Northerly direction 511 feet, a stake; THENCE in an Easterly direction parallel with the South boundary line of said tract approxi- mately 511 feet, a stake; THENCE in a Southerly direction approximately 511 feet to the place of beginning, containing 6 acres of land being the same property described by survey made on the ground on the 14th day of December, 1984 by J. M. Nelson, Registered Public Surveyor of Texas, No. 4025 as follows: Situated about 2 miles North 5 Deg. East of the City of Paris, County of Lamar, and State of Texas, a part of the Reddin Russell Survey #786, and being a part of a 94.07 acre tract of land as willed to Estelle Council as shown in an Affidavit as recorded in Vol. 305, Page 455, of the Deed Records of said County and State. BEGINNING at an iron pin for corner in the North Boundary Line af Stone Ave. at the Southwest corner of a 2 acre tract of land conveyed G. Edward C1ark et al by deed recorded in Vol. 672, Page 312, of said Deed Records, said point being in the present South boundary line of .said 94.07 acre tract. THENCE North 29 Deg, 22 Min. East at 295.2 feet passing the Northwest corner of said 2 acre tract and continuing on a total distance of 511.2 feet to an iron pin for corner; THENCE North 60 Deg. 56 Min. West a distance of 511.2 feet to an iron pin for corner; THENCE South 29: Deg. 22 Min. West a distance of 511.2 feet to an iron pin for corner; THENCE South 60 Deg. 56 Min. East along the North Boundary Line of said Stone Ave. and the South Boundary Line of said 9.407 acre tract a distance of 511.2 feet to the place of beginning and contairiing 5.99 acres of land. 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 Paris, Paris, Texas. Section 3. The above described territory is hereby zoned OFFICE DISTRICT (O) upon annexation as provided for-in Zoning Ordinance No. 1710 of the City of Paris, Paris, Texas. Section 4. 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, stich 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 5. 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 llth day of March, 1985. Jo Gra am, Mayor ATTEST: Mattie Cunningham, Assi tant City Clerk APPROVED AS TO ORM: T. K. Hayn s, City Attorney SERVICE PLAN FOR PROPOSED ANNEXATION ~ OF 8 ACRE TRACT - STONE AVE. l. Immediately upon annexation, the City will furnish police protection, fire protection and solid waste collection on the same basis as is offered to present residents and land owners within the City Limits. 2. Water service along Stone Avenue principal frontage of tract is currently available. City sewer service lines will be provided to the area upon request and subject to the same utility line extension policies currently in effect within the City. A pro rata program is available to persons who extend water and sewer mains which provides for partial reimbursement of such costs. 3. The City of Paris will maintain all water and sewer mains serving the area once they have been installed and accepted. 4. Maintenance of all streets in the area will be the responsibility of the City of Paris. 5. Street lighting will be provided in the area in accordance with established criteria and will be the responsibility of the City. 6. There are no parks, playgrounds or swimming pools within the area to be annexed and none are proposed at this time. , ~ i~l l