03&04 Akins ZoningDRAFT
F:XAttorneyXALICE\ORDWORK\CURRENT~3-6-03 Zoning Ords.wpd
February 26, 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 ALFRED L. HICKS, SR.,
OWNER, 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, requested by ALMA AKINS, AGENT FOR ALFRED L. HICKS, SR., OWNER, 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 April 1, 2003.
PASSED AND ADOPTED by the City Council of the City of Paris, in regular session
on this the 6th day of March, 2003.
ATTEST:
Michael J. Pfiester, Mayor
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
MEMO
TO:
FROM:
SUBJECT:
PARIS CITY COUNCIL
CHIEF BUILDING OFFICIAL
ZONING REQUEST OF ALMA AIKEN (445 N.W. 4TH.)
MS. AI ,MA AIKEN HAS REQUESTED SINGLE F~,MI!,Y THREE (SF-3) ZONING
WITH SPECIFIC USE PERMIT (39) MANUFACTURED HOMES ON THIS LOT
LOCATED AT 445 N.W. cTH. THE CITY COUNCIL 'FABLED THIS ITEM BECAUSE
THEY FELT THAT CLYDE DANIELS WAS NOT NOTIFIED OF THE PUBLIC
HEARING. MK. DANIELS WAS NQT SENT A NOTICE BECAUSE HE LIVES
BEYOND THE 200-FOOT RADIUS USED TO NOTIFY HOMEOWNERS IN THE
AREA~ MR. DANIELS ADDRESS tS549 N.Wt. 5TM. ANDtS ABOUT t65 FEET
FROM THE RADIUS MARK, WHICH MAKES HIM 365 FEET FROM THE
PROPERTY TOBE ZONED. ALLTHE OTHER PERSONS IN THE 200-FOOT
RADIUS WERE SENT NOTICES. I HAVE AGAIN SENT THE NOTICES OUT THAT
I DID ORIGINALLY AND ALSO INCLUDED A NOTICE TO MR. CLYDE
DANIELS. I THEREFORE REQUEST THAT THE CITY COUNCIL REMOVE THIS
ITEM FROM THE TABLE AND ACT ON THIS MATTER AS IT SEES FIT.
IIII
BONHAM ST,
AFFIDAVIT REQUEST FOR AMENDMENT TO ZONING ORDINANCE NO. 1710
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 Paris 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
MANUFACTURED HOMES
"in support of said request I make the following answers to questions 1-4:
1. Will 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 he pub c health safety, m~,,r~als or
general welfare or protect and preserve h stor cai and cultural places and areas or meet a~ ,
substantial public need? YES '.: !
5. HAS A COPY OF THE LAND DEED BEEN SUBMITTED? YES
Signature of Applicant
SWO~ TO AND SUBSCRIBED BEFORE ME, by thc said .. ALMA AKINS
Ibis 7TH dayof JANUARY ,2003 .
Nqty'Public~'~tatc of Texas
FILED: ~"-~..~'7,., ~, - ~:}..~:~'~'.~ ,,;1,; .........................
Mallic Cunninglmm, Cily Clerk
To: [Khom It May Concern
I Alfred L. Hicks Sr. owns the property at the location
426 N. gE. 5th and 445 N. gE. 4th 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.
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 . -- ; 'i
X KNOW ALL MEN BY TI:I~SE PRESENT~ '
COUNTY OF LAMAR X ...... ~.~ . ~,.-.
-. ~.~ .~-- ¥. ~.
That Paris Independent School District, North Lamar Independent School District as Succe~br in
Interest to Lamar County Education District, City of Paris, Paris J'unior College, and Larnar County, acting
through the presiding officer of its governing body, hereunto duly authorized by resolution and order of each
respective governing body which is duly recorded in their official Nrmutes, hereinafter called grantors, for and in
consideration of the sum orS100.00 cash in hand paid by
ALFRED L. HICKS, SR.
1154 13TM NORTHWEST
PARIS, TEXAS 75460
hereinafter called grantee(s), the receipt of which is acknowledged and confessed, has quitclalmed 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 against 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, MOIRE OR I.~.SS, OUT OF ~ LARKIN RATTA.N
SURVEY, CITY OF PARIS, BEING MORE PARTI~Y DESCRIBED BY I~W, TES AND
BOUNDS DESCRIPTION IN VOLUiM~E 355, PAGE 192, DEED RECORDS OF LAMAR COUNTY,
TEXAS AND BEING SHOWN ON 'l'~U~ TAX ROLLS OF LAMAR COUNTY APPRAISAL
DISTRICT AS LOT 3, BLOCK 54, CITY OF PARIS (ACCT. # RI4250-PARIS ISD, PARIS JR.
COLLEGE, LCED, LAMAR COUNTY)
TO HAVE AND TO HOLD the said premises, together with ail 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 hereat~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 iris race, color or national origin, regardless of whether such discdraination 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 perio.d of fu"ey (50) years from the date hereof.
The foregoing restrictions and the other covenants hereal~er set out are covenants running with the land,
and each and every parcel thereot~ 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 restri~ions set 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.
nora, U.S.v. State of Texas and J. W. Edgar, et al., 447 F2d 441 (5 Cir. 1971); stay den. sub. nom. Edgar 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;
03) 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) herein.
This deed is given expressly subject to any existing fight 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 ofthe 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.
776 c 324
IN TESTIMONY WHEREOF Paris Independent School District has caused these presents to be
executedtbJs~:~ dayof ~,~; / , 19 ~d/.
Paris Independent School District
President
STATE OF TEXAS X
COUNTY OF LA.MAR X
hi instrument was ac~no.w~¢d.~d befit} mc on
19~ S, by ~ ~ ~ ~_ . .~;, .~ ~/5/_ President, ofP~s ~dependent Sch°°l Distfi~' '
State of Texas
Co~ssion Exp~es:
776mt325
IN TESTIMONY WHEREOF North Lamar Independent School District as Successor in Interest to
Lamar County Education District has caused these presents to be executed this ~_~ day of
/?Tm re. I~ ., ~9
Lamar County Education District
STATE OF i£XAS X
COUNTY OF LA. faiR X
~5]This? instrument was acknowledged before me on this ..-5~-~ day of ,/~]P~ r'~ /a ,
19 , by ~J~, ~'-, .~-~ ~e ~oe~ Successor ~terest, of L~'Coun~ Eduction
Distfi~. /
~3~ NOTARY PUBklC [ '
]~j.~,~gJ State of Texas I
776m 326
I/q TESTIMONY WHEREOF Pads Junior College has mused these presents to be executed this
'~r3'~''' day of PfM'~'x~',-- ' , 19 ~"~ .
Paris Junior College
President
STATE OF TEXAS X
COUNTY OF LAM. AR X
This instrument was acknowledged before me on this '~Oq'k'day of ~C~_.t.~'¥.. ,
19 ~.~ , by ~,._xa; ~ ~.a~ ~-\~ President, of Paris Junior College.
Notary Public, State of Texas
Commission Expires: q - I' cT~G'~
77 , 327
IN TESTIMONY WHEREOF City of Pahs has caused these presents to be executed this 13th day
of April ,19 98
City of Paris
Eric S. Clifford
Mayor
STATE OF TEXAS X
COUNTY OF LAMAR X
This instrument was acknowledged before me On this 13th day of April ,
19 98 , by. Eric S. Clifford Mayor, of City of Pads.
~ ,,,,?~'~;;;,,,. ALICE I~1. PINALTO
p. ,,,,~.':...'-'..r.¢~:
[ %i~;'ai~'./~3'< My C0mm ssi0n Expires 01-29-00B Notary Public, State of Texas
p ............. ~ Commission Expires:
776P G 328
~.~TIMONY WHEREOF Lamar County has mused these presents to be executed ttfis //~
dayof ~,/t~ , ,~-/~' '
Lamar County
County Judge (
STATE OF TEXAS X
COUNTY OF LAMAR X
Thi instlm~nent wa~ acknowledged before me on this //;~ day of ~
196~ :by '~.-~. ~,,(~
· County Judge, of La.mar County{.
Notary Public, Stat~--~Texas
Commission Expires:~~-'*~ ,~',,
After recording return to:
Alfred L. Hicks, Sr.
1154 13' Northwest
Paris, Texas 75460
af~D:%My Documeut ~ktam,~C. rm'~e~ 1100.doc~03/06~8 3:52 PM
g? 776~379