03&04 Akins ZoningDRAFT
F:ALICE\ORDWORK\CURRENT\12-6-03 Zoning Ords
January 30, 2003
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 ONE-FAMILY DWELLING DISTRICT NO. 3 (SF-3) WITH SPECIFIC
USE PERMIT (39) MANUFACTURED HOMES ON LOT 3, CITY BLOCK
54, REQUESTED BY ALMA AKINS, AGENT FOR OWNER ALFRED L.
HICKS, SR., SO AS TO INCLUDE THEREIN TERRITORY FORMERLY
DESIGNATED AS A TWO-FAMILY DWELLING DISTRICT (2F);
DESIGNATING THE BOUNDARIES OF THE ONE-FAMILY DWELLING
DISTRICT NO. 3 (SF-3) WITH SPECIFIC USE PERMIT (39)
MANUFACTURED HOMES SO ESTABLISHED; PROVIDING FOR A
PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND
DECLARING 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 to 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 ONE-
FAMILY DWELLING DISTRICT NO. 3 (SF-3) WITH SPECIFIC USE PERMIT (39)
MANUFACTURED HOMES be, and the same is hereby, established on LOT 3, CITY BLOCK 54,
on property belonging to ALMA AKiNS, AGENT FOR OWNER ALFRED L. HICKS, SR., so as
to include in such ONE-FAMILY DWELLING DISTRICT NO. 3 (SF-3) WITH SPECIFIC USE
PERMIT (39) MANUFACTURED HOMES the hereinafter described property, which was formerly
and is presently designated as a TWO-FAMILY DWELLING DISTRICT (2F), and that the
boundaries of said ONE-FAMILY DWELLING DISTRICT NO. 3 (SF-3) WITH SPECIFIC USE
PERMIT (39) MANUFACTURED HOMES 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 Larkin Rattan Survey, being Lot 3, City Block
54, and being more particularly described as follows:
BEGINNING at the southeast corner of Lot 3, City Block 54;
THENCE a distance of 100 feet north to the northeast corner of said lot;
THENCE West a distance of 165 feet to the northwest corner of said lot;
THENCE South a distance of 100 feet to the southwest corner of said lot;
THENCE East a distance of 165 feet to the place of beginning, being number
445 4th Street N.W.
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 March 1, 2003.
PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this
the 6th day of February, 2003.
Michael J. Pfiester, Mayor
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
AFFIDAVIT REQUEST FOR AMENDMENT TO ZONING ORDINANCE NO. 17'10
STATE OF TEXAS §
COUNTY OF LAMAR §
BEFORE ME, the undersigned authority, on this day personally appeared
Alma Akins , who upon oath deposes and says:
"1 am Alma Akins and my address is P.O. Box 1644, Paris, TX
75461-1644 and my phone number is 737-4584 and I
have a proprietary interest in property located within the corporate limits of the City of Pads being
described as follows: Lot 3, City Block 54
445 NW 4th
"My interest in the above described property is CONTRACT TO BUY
and I do request a change in zoning from TWO-FAMILY DWELLING DISTRICT (2F) TO A
ONE-FAMILY DWELLING DISTRICT NO. 3 (SF-3) WITH SPECIFIC USE PERMIT (39)
MANUFACTURED HOMES
"In support of said request I make the following answers to questions 1-4:
1. Wilt the re-zoning be in accordance with the original comprehensive zoning scheme, as
represented by the pre-established zoning ordinance and the long range master plan and map that
has been adopted by the zoning ordinance?
YES
2. Will the re-zoned designation be compatible with the classification and use of adjoining
lands so as to avoid adverse impact on neighbors?
YES
3. Is the tract unsuitable for uses permitted under the present zoning classification:
therefore justifying a change in zoning?
NO
4. Doe the re-zoning bear a substantial relationship to the public health, safety,,morals or
general we[fare or protect and preserve historical and cultural places and areas or me ~e~?
substantial public need? YES '
5. HAS A COPY OF THE LAND DEED BEEN SUBMITTED? YES
Signature of Applicant
SWORN TO AND SUBSCRIBED BEFORE ME, by the said ALMA AKINS
this 7TH day of JANUARY .2003 .
No~'Publlc?;tate of Texas
FILED: ~"~(~,~'~., ~ - ~%~'~- ~] ~t~ dl~llCELW011THAM la
Mattic Cunningham, City Clerk ~ r , .......
To: Whom It May Concern
I Alfred L. Hicks Sr. owns the property at the location
426 N. W. 5tn and 445 iV. W. 4tn Paris, Tx 75460.
Alma Akins has requested to purchase my property and plan to
place her doublewide manufactured home on the property.
It meets with my approval for Alma Akins to place her
doublewide manufactured home at this location.
MARTHA BOX
FIELD NOTES
LOT 3 CITY BLOCK 54
BEGINNING AT THE SOUTHEAST CORNER OF LOT 3 CITY BLOCK 54
THENCE A DISTANCE OF 100 FEET NORTH TO THE NORTHEAST CORNER OF
SAID LOT THENCE WEST A DISTANCE OF 165 FEET TO THE NORTHWEST
CORNER OF SAID LOT THENCE SOUTH A DISTANCE OF 100 FEET TO THE
SOUTHWEST CORNER OF SAID LOT THENCE EAST A DISTANCE OF 165 FEET
TO THE PLACE OF BEGINNING.
, 3132
._: ,.-, .~
TAX RESALE DEED -' : ':' .-
STATE OF TEXAS X
X KNOW ALL MEN BY TIq~,SE PRESENTS
: !::::;' ':: :'i'..
COUNTY OF LAMAR X '-.: '...- :: ,.~ : ~'.
That Paris Independent School District, North Lamar Independent School District as Succe~r in
Interest to Lamar County Education District, City of Paris, Paris Junior College, and Lamar County, acting
through the presiding oiticer of its governing body, hereunto duly authorized by resolution and order of each
respective governing body which is duly recorded in their official lV~nutes, hereinafter called grantors, for and in
consideration of the sum orS100.00 cash in hand paid by
ALFRED L. HiCKS, SR.
1154 13TM NORTflFWEST
PARIS, TEXAS 75440
hereinat'~er called grantee(s), the receipt of which is acknowledged and confessed, has quitclaimed and by these
presents do quitclaim unto said grantee(s) all of the right, title and interest of all other taxing units interested in
the tax foreclosure judgment ~gainst the property herein described, acquired by tax foreclosure sale heretofore
held under Cause No. 61100, l,amar County Appraisal District vs. Earl Carter, et al, in the district court of
said county, said property being located in Lamar County, Texas, and described as follows:
165 FEET BY 99 FEET, BEING 0.375 ACRE, MORE OR LESS, OUT OF ~ LARKIN RATTAN
SURVEY, CITY OF PARIS, BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS DESCRIFFION IN VOLUMlg 355, PAGE 192, DEED RECORDS OF LAMAR COUNTY,
TEXAS AND BEING SHOWN ON 'l'ti~ TAX ROLLS OF LAMAR COUNTY APPRAISAL
DISTRICT AS LOT 3, BLOCK 54, CITY OF PARIS (ACCT. # R14250-PARIS 1SD, PARIS JR.
COLLEGE, LCED, LAMAR COUNTY)
TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privileges, and
appurtenances thereto in any manner belonging unto the said grantee(s), their heirs and assigns forever, so that
neither the grantors, nor any other taxing unit interested in said tax foreclosure judgment, nor any person
claiming under it and them, shall at any time hereal~er have, claim or demand any right or title to the aforesaid
premises or appurtenances, or any part thereof.
SUBJECT however to the following covenant, condition and restrictions:
(a) The above described realty, or any part thereof, shall not be used in the operation of, or in conjunction
with, any school or other institution of learning, study or instruction which discriminates against any person
because of his race, color or national origin, regardless of whether such discrimination be effected by design or
otherwise.
Co) The above described realty, or any part thereof, shall not be used in the operation of, or in conjunction
with, any school or other institution of learning, study or instruction which creates, maintains, reinforces, renews,
or encourages, or which tends to create, maintain, reinforce, renews or encourage a dual school system.
These restrictions and conditions shall be binding upon grantee and grantee's successors, assigns, heirs
and personal representatives for a period of fifty (50) years fi.om the date hereof.
The foregoing restrictions and the other covenants hereafter set out are covenants running with the land,
and each and every parcel thereof~ and shall be fully binding upon any person, firm, partnership, corporation,
trust, church, club, governmental body, or other organization or entity whatever (whether prix, ate or
governmental in nature), without limitation hereinafter acquiring any estate, title, interest or property in said land,
whether by descent, devise, purchase or otherwise; and no act or omission upon the part of grantor herein, its
successors and assigns, shall be a waiver of the operation or enforcement of such restrictions; but neither
restriction shall be construed to be a condition subsequent or special limitation on the estate thereby conveyed.
It is further covenanted, 'that third party beneficiaries of the restrictions set forth above shall be as
follows:
(I) As to the restrictions se~ out in (a) above, any person prejudiced by its violation;
(2) As to the restriction set out in (b) above, any public school district or any person prejudiced by its
violation; and
(3) As to either, or both of the restriction set out in (a) and (b) above, the United States of America, as
plaintiff, and the America G.I. Forum, the League of United Latin American Citizens (LULAC), and the National
Association for the Advancement of Colored People (NAACP), as intervenors, in U.S.v. Texas, Civil Action
No. 5281, Tyler Division, U.S. District County, Eastern District of Texas; reported in U.S.v. Texas, 321 F.
Supp. 1043 (E.D. Tex. 1970); U.S.v. Texas, 330 F. Supp. 235 (E.D. Tex 1971); affd with modifications sub.
nom. U.S.v. State of Texas and J. W. Edgar, et al., 447 F2d 441 (5 Cir. 1971); stay den. sub. nom. Edt, ar v.
U.S., 404 U.S. 1206 (1971); cert den. 404 U.S. 1016 (1972).
It is further covenanted that in case of violation of either or both of the above restrictions, any of the third
party beneficiaries above alluded to is authorized and empowered to prosecute proceedings at law or in equity
against any person, firm, partnership, corporation, trust, church, club, governmental body or other organization
or entity whatever (whether private or governmental in nature), without limitation:
(A) To enforce either or both of such restrictions relating to the use of the above-described realty;
0g) To abate or prevent violations of either or both of such restrictions; and
(C) To recover damages for a breach of either or both such restrictions.
It is further covenanted, that is any third party beneficiary referred to above shall prosecute proceedings
at law or in equity for the aforesaid purposes, such third party beneficiary may recover reasonable attorney's fees
from the violator or violators of either or both of such restrictions, of the Court finds that the proceedings were
necessary to bring about compliance therewith.
Taxes for the present year are to be paid by grantee(s) herdn.
This deed is given expressly subject to any existing right of redemption remaining in the former owner of
the property under the provisions of law and also subject to any recorded restrictive covenants running with the
land, and valid easements of record as of the date of this sale, if such covenants or easements were recorded prior
to January 1 of the year the year the tax lien(s) arose.
77B 324
IN TESTIMONY WHEREOF Pads Independent School District has caused these presents to be
Paris Independent SchoolDi~da
President
STATE OF TEXAS X
COUNTY O1' LAMAR X
This instrument was acknowledged bef0r0 me on this ~ day of ,,~t~/'/' / ,
19 ?g ,by /_~. r' fi)~_ t"~. '/~'i _~_ ~4_.~/~//' President, of ParislndependentSchoolDistfict.
/.Y-d~'l;I Notorv ,ub,c I O~taxy
~.~k,~,'~/_~1 State of Texas I
"~,,~ Commission Expires,7-8-g9 / Pl.lblic, State of Texas
Commission Expkes:
776 325
NHAM ST.
ALMA AIKEN ~
ZONING CHANGE REQUEST
FEBRUARY' 3, 2003