2024-031 - Disannexation of appx 170 acres - CR 22500 (LCAD 71112-113 & 70422-223

Home Browse Search

DISANNEXATION AGREEMENT This Disannexation Agreement (the "Agreement") is entered into by and between the CITY OF PARIS, TEXAS, a home rule municipal corporation situated in Lamar County, Texas, acting by and through its authorized officer whose signature appears below (hereinafter called "City"), and NEXUS RENEWABLE POWER, LLC, a limited liability company formed under the laws of the State of Texas, acting by and through its authorized officer whose signature appears below (hereinafter referred to as "Nexus"). WITNESSETH: WHEREAS, Nexus is the lessee of certain property in the City of Paris, Texas and Lamar County, Texas upon which it intends to develop a commercial -scale solar energy and battery storage renewable energy project (the "Project"); and WHEREAS, a portion of the property that comprises the Project consists of approximately 170 acres of land in total that fall within the corporate boundaries of the City and are identified as portions of LCAD parcel Nos. 71112, 71113, and 70422 and the entirety of a LCAD parcel No. 70423 on or around County Road 22500, being more fully described in Exhibits A and B hereto (the "Property"), which exhibits are incorporated by reference herein; and WHEREAS, the Property comprises only a portion of the overall Project site, which also includes approximately 1,100 acres of land located entirely outside of the City's corporate boundaries; and WHEREAS, on or about May 13, 2024, Nexus filed a petition on behalf of Nexus and Robert A. Moore, the lessor and owner of the Property, requesting that the City disannex same to provide for uniform development standards for the Project (the "Petition"), including both the portion of the Project to be developed on the Property and the remaining portion of the Project to be developed on the land located outside of the City's boundaries; and WHEREAS, on June 24, 2024, at its regularly scheduled meeting, the City Council of the City of Paris, Texas found that the Property is eligible for disannexation and directed City staff to initiate disannexation proceedings; and WHEREAS, the City, having followed all statutory prerequisites for disannexing the Property, including notifying other taxing entities, publishing notice of public hearings, and conducting two public hearings, the City Council considered the Petition and request of disannexation of the Property set forth therein on September 9, 2024 at the City Council's regularly scheduled meeting; and WHEREAS, both parties hereto understand and agree that the City is under no statutory obligation to disannex the Property; and WHEREAS, the City and Nexus understand and agree that disannexation of the Property would result in a loss of ad valorem tax revenues to City for all time; and