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02-A-(1)&(2) Kammer ZoningDRAFT W:ALICE\ORDWORK\CURRENT/8-13-01 ORD August 10, 2001 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A GENERAL RETAIL DISTRICT (GR) ON LOTS 4, 5, 6, 18, 19, 20, AND PART OF LOTS 3 AND 17, BLOCK I, WARREN ADDITION, REQUESTED BY KENNY KAMMER, AGENT FOR PHILLIP O. NANCE, OWNER, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A TWO-FAMILY DWELLING DISTRICT (2F); DESIGNATING THE BOUNDARIES OF THE GENERAL RETAIL DISTRICT (GR) SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris, Paris, Texas, has previously received a request for an amendment to the zoning ordinance of the City of Paris; and, WHEREAS, the City Council has subsequently referred said request for amendment to the Planning and Zoning Commission for its review and recommendation in accordance with the City zoning ordinance and State law; and, WHEREAS, the Planning and Zoning Commission did conduct a public hearing on said proposed amendment to the City zoning ordinance and, following said hearing, made formal recommendation to the City Council regarding said proposed change; and, WHEREAS, the City Council of the City of Paris did subsequently conduct a public hearing on the aforesaid 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 plan of the City of Paris, consistent with the City zoning ordinance, and in the best interests and to the benefit 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, PARIS, TEXAS: Section 1. That the findings set out in the preamble of this ordinance are hereby in all things approved. Section 2. That the boundaries heretofore established by the Zoning Map and Ordinance No. 1710 of the City of Paris, Paris, Texas, be, and the same are hereby, changed, and that a GENERAL RETAIL DISTRICT (GR) be, and the same is hereby, established onLOTS 4, 5, 6, 18, 19, 20, AND PART OF LOTS 3 AND 17, BLOCK I, WARREN ADDITION, REQUESTED BY KENNY KAMMER, AGENT FOR PHILLIP O. NANCE, OWNER, so as to include in such GENERAL RETAIL DISTRICT (GR) the hereinafter described property, which was formerly and is presently designated as a TWO-FAMILY DWELLING DISTRICT (2F), and that the boundaries of said GENERAL RETAIL DISTRICT (GR), be, and the same are hereby, established as follows: SITUATED within the corporate limits of the City of Paris, County of Lamar, and State of Texas, being a part of the Asa Jarman Survey, and being Lots 4, 5, 6, 18, 19, 20, and the east 30 feet of Lots 3 and 17, Block ! of the Warren Addition to the City of Paris, according to map or plat of such addition of record in the Plat Records of Lamar County, Texas, and being more particularly described as follows: BEGINNING at a point in the north boundary line of Bonham Street, being approximately 177.4 feet west of the west boundary line of 17th Street N.E. and being the center of the south boundary line of said Lot 3; THENCE West a distance of 210 feet along the south boundary lines of Lots 3, 4, 5, and 6 to a point for corner being the southwest corner of said Lot 6; THENCE North along the west boundary line of said Lot 6, crossing a 15 foot alley, continuing along the west boundary line of said Lot 20 for a total distance of 326 feet to a point for corner in the northwest corner of said Lot 20; THENCE East a distance of 210 feet along the north boundary lines of Lots 20, 19, 18, and part of Lot 17 to a point for corner being the center of the north boundary line of said Lot 17; THENCE South along the center line of said Lot 17, crossing a 15 foot alley, continuing along the center line of said Lot 3 for a total distance of 326 to the point of beginning, located in the 1700 block of Bonham Street and the 1700 block of Maple Avenue. Section 3. That the Chief Building Official of the City of Paris be, and he is hereby, directed to change the Zoning Map of the City of Paris in accordance with the provisions of Ordinance No. 1710 and the land use map accompanying the same, and in accordance with the provisions of this ordinance. Section 4. That any person violating any of the provisions of this ordinance shall be guilty of a Misdemeanor, and, upon conviction, shall be fined in any sum not to exceed $2,000.00, and each and every day's continuance of any violation of the above-enumerated sections shall constitute and be deemed a separate offense. Section 5. That all ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. Section 6. That this ordinance shall become effective September 1, 2001. PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this the 13th day of August, 2001. ATTEST: Michael J. Pfiester, Mayor Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney 'E m ~ 3humaK~ I I I I I BONHAM i I ! I I I '"11 I I I I I I I ! ! ! ! ! ! ! ! ! ! ! ! I ! ZONING CHANGE REQUEST KENNY KAMMER AUGUST 6, 2001 AFFIDAVIT REQUEST FOP. AMENDMENT TO ZONING ORDINANCE NO. 1710 STATE OF TEXAS I " COUNTY.OF LAF~R j BEFORE RE, tile undersigned authority, on this day personally appeared PHONE NUMBER'784:?979 6625 PECAN PL~ yA~I~ TX 75462 and I have a proprietary interest In property located within the corporate lilllitS of the City of Paris being "My intorest in the above described property is contrac.t to buy . . and I do request e change in zoning from mo FAMILY, District to GENRA~ .RETAIL District. "In support of said request I make the following answers to questions 1, Will the re-zoning be tn accordance wIU) the'original comprehensive zoning scheme, a~ represented by Um pre-established zoning ordinance and the long range ma~ter plan .and map tl~a~ has been adopted by Um zoning ordinance? 2. Will tile re-zoned designation be compatible wILD the classification and use of adjoining lands so ss to avoid adverse impact on neighbors7 · YES 3. Is the tract unsuitable for uses permitted under tile present zoning class- ification; therefore Justifying a change In'zontn I? YgS 4. Does Ule re-zoning bear a substantial rela'tionshlp to tl~e public haslum, safety, morals or general welfare or protect and preserv~ historical end cultural places and areas or meet a substantial public need? ¥E$ . 5, UAS A COPT ? TBE EAFID DEED BEE~'SUBNITTED~¥~5'"i''' .... .. Signature of A~plt~ant SWORN TO AND SUBSCRIBED BEFORE ME, by the said this ,,2,6 , day of JUNm , ~01 .. KENNY YAMMER Notary Pub~ Approved by the Texas Real Estate Commission for 'voluntary Use Texas/aw requires all mai e~e licensees to give the following information about brOkerab~ sea, ices to prospective buyers, tenants, sellers and landlords. Information About Services Before working with a real estate broker, you should kbnOW that the duties of a broker depend on whom the roker represents. If you arc a prospective sel[er or. landlord (owner) or a prospective buyer or tenant (buyerL you should know that the brc~cer who lists the property for sale or lease is the owner's agent. ^ broker who act~ as a subagent repre~nts~e owner in cooperation with the listing broker. A broker who act~ as a buyer's agent represent~ the buyer. ^ broker may act as an intermediary hetwee_n the pa~es if the parties consent in writ rig. A broker can assist you in locating a proper[y, i~eparJng a contract or lease, or obtaining financing without representing you. ^ broker is obligated by law to treat you honestly. IF THE BROKER REPRESENTS THE OVL~NER: The broker becomes the owner's agent I:~ entering into an agreement with the owner~ usually, through a written.listing agreement, or by agreeing to act as a subagent by accepting an offer of subagency from the listin~ b~oker. ^ subagent may work in a different real estate office. A listing broker or subagent cnn assist the buyer but does not represent the buyer and must place the interes~ of the owner first The buyer should not tell the OWner's-agent anything.the buyer would not want the owner to kncr. v because an owner's agent must disclose to the owner any materiat information known to the agent. IF THE BROKER REPRESENTS THE BUYER: The broker becomes the buyer's age~ by entering into an agreemenL to represent the buyer, usually through a written buyer re?esentat on agreement_ A buyer's, agent can assist the ortner but does not represent the owner and must place the interests o[ the buyer first, the owne~.sgo~.gd, no~ tell a buyer's agent an~,qhing the owner wot~id no~ want the b6yer The broker must obtain the written consent of each party to the transact[on to act as an intermediary. The wriRen consent must state who will pay the broker and, in conspicuous bold or underlined print, set forth the broker's obligations as an intermediary. The broker is required to treat each party honestly and faidy and to comply with The Texas Real Estate License Act. A broker who acts as an intermediary in a transaction: (1) shall treat all parties honestly; (2) may not disclose that the owner will accept a price less than the asking price unless authorized in writing to do so by the owner; (3) may not disclose that the buyer will pay a price greater than the pdce submitted in a written offer unless authorized in writing to do so by the buyer; and (4] may not disclose any confidential information or an iht'urination that a party speci{ically instructs the broker in writihg not to disclose un[ess authorized in writing to disclose the information or required to do so by The Texas Real Estate License Act or a court order or if the in[oru;atlon materially relates to the condition of the property. With the i~'lrt[es· consent, a broker acting as an intermediaD. bet'ween the par6es may appoint a person who is licensed under The Texas Rea] Estate License ACt and associated with the broker to comn~unicate with and car~, out instructions of one party and.another person who is licensed under that Act and associated with the broker to Communicate with and carry out ioslrucLiuus of the other party. If you choose to-have a broker represent you, you should enter into a written agreement with the broker lhat cleady establishes the broker's obligations and your obligations. The agreement should slate how and by whom to know becnuse a buyer's agen m~st [lL~lose ~ ]e b.v ~r Ill( hruk(,~ will h, ' ' - any material informaLi~,~ J:-g~n ~he a~ -n ' ' . . e ?nd ~ )u h, lw the nghl tn t ho~)s(~ Ihe ~ ~ t. o~repre~nL~hon, ffany, you wish Io receive Your IF % of a fee to a broker d~s . ' . ~ THE BROKER A~S ~ ~ I~E~EDIARY- '~ bra'- not neces~nly ~bhsh [~t the - u~er repre~n~ you. If you have an u A broker may a~ as an inte~ed~w: ~:.~:~ ~e na~i~ if ~ .L ~ ,. , y q est~ons regarding ~ebrokercomolieswi~Th~Te~e~.,,~.:_r ~.~ ~ me.~un~ aha res~nsibdi~es of the broker, ousho - - ......... ~>~tc c~cense ~. ~ r~o~ve tho~ questions before proceeding. Y old  Real estate licen~ as~ that y~ acknow~ge r~eipl~this information about.brokerage semlces for II~e licensee's records ~ate Unimproved Property Contract Concerning 1710 ISOI,~IA.-~ Page Four 11-8-99 (Address of Property) (5) If the Property is located outside the limits of a municipality, Seller notifies Buyer under §5.011, Texas Property Code, that the Property may now or later be included in the extraterritorial jurisdiction of a muncpaity and may now or ater be subject to annexation by the municipality. Each municipality maintains a map that depicts ? boundaries and extraterritorial jurisdiction. To determine if the Property is located within a muntcipalitys extraterritorial jurisdiction or is likely to be located within a mun c pa itys extraterritorial jurisdiction,,~contact all municipalities located in the general proximity of the Property for fudher information. (6) Unless expressly prohibited in writing by the parties, Seller may continue to show the Property for sale and to receive, negotiate and accept back-up offers. 7. PROPERTY CONDITION: A. INSPECTIONS, ACCESS AND UTILITIES: Buyer may have the Property inspected by an inspector selected by Buyer, licensed by TREC or otherwise permitted by law to make such inspections. Seller shall permit access to the Property at reasonable times for inspection, repairs and treatment and for reinspectinn after repairs and treatment have been completed. Sailer shall pay for turning on utilities for inspection and reinspection. B. ACCEPTANCE OF PROPERTY CONDITION: NOTICE: Buyer should determine the availability of utilities to the Property suitable to satisfy Buyer's needs. (check one box only): in addition to any earnest money deposited with escrow agent, Buyer has paid Seller [] (1) $ (the "Option Fee") for the unrestricted right to terminate this contract by giving notice of termination to Seller within days after the effective date of this contract. If Buyer gives notice of termination within the time specified, the Option Fee will not be refunded, however, any .earnest money will be refunded to Buyer. If Buyer does not give notice of termination within time specified, Buyer will be deemed to have accepted the Property in its current condition and and the Option Fee [] will [] will notbe credited to the Sales Price at closing. [] (2) Buyer accepts the Property in its present condition. 8. BROKERS' FEES: All obligations of the parties for payment of broker's fees are contained in separate written agreements. 9. CLOSING: The closing of the sale will be on or before August 15 , 2001 , or within 7 days after objections to matters disclosed in the Commitment or by the survey have been cured, whichever date is later (the Closing Date). If financing or assumption approval has been obtained pursuant to Paragraph 4, the Closing Date will be extended up to 15 days if necessary to comply with lender's closing requirements. If either party fails to close this sale by the Closing Date, the non-defaulting party will be entitled to exercise the remedies contained in Paragraph 15. At closing Seller shall furnish tax statements or certificates showing no delinquent taxes and a general warranty deed conveying good and indefeasible title showing no additional exceptions to those permitted in Paragraph 6. 10. POSSESSION: Seller shall deliver possession of the Property to Buyer at closing and funding. 11. SPECIAL PROVISIONS: (Insert only factual statements and business details applicable to this sale. TREC rules prohibit licensees from adding factual statements or business details for which a contract addendum, lease or other form has been promulgated by TREC for mandatory use.) SUBJECT TO BUYER BEING A~LE TO P.~ZONE ALI.EX EASEMENT,MUST BE REMOVED BY BUYER identification by Buyer ~/'~""~ and Seller .(~/~:~ 0lA Initialed for (TAR-1607) 11-8-99 TAR, P.O, Box 2246, Austin, TX 78768-2246 TREC NO. 9-4 Page 4 of ? WARREN ADDIT ION to the City of Paris, Texas. The State of Texas, County of Lamar; I, J. H. Wright, a deputy surveyor of Lamar County, Texas, do hereby certify that on December 1st, 1892, I surveyed and divided the above tract of land into lots as indicated on the above plat, and that the boundaries and subdivisions as indicated are correct. Witness my hand this 3rd day of December, 1892. J. H. Wright, Surveyor of Lamar County, Texas. Filed for record December 20th, Recorded in Book 70, page 367, Lamar County Deed Records. 1892, It WAR/tAIq~ DI~ ~RU, LAMA~ COUNTY ~9 (~) ~.,.. E,fg~.~7.~tve lm~lnd*ed end uo/lO0 I{$~00.00) ~