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Regular City Council Meeting August 11, 2008 Page 5 23. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, STATING THE INTENT OF THE CITY OF PARIS, PURSUANT TO CHAPTER 7 OF THE CITY CHARTER AND SECTION 43.142 OF THE LOCAL GOVERNMENT CODE, TO DISANNEX A 675.13 ACRE TRACT OF LAND ON STATE HIGHWAY 271 SOUTH, BEGINNING THREE-QUARTERS (3/4) MILES SOUTHEAST OF LOOP 286 SE ALONG THE NORTH RIGHT-OF-WAY LINE OF HWY 271 TO A POINT SOUTHEAST OF THE MEADOWBROOK CEMETERY, FORMING A PORTION OF THE CURRENT OUTER BOUNDARIES OF THE CITY LIMITS OF THE CITY OF PARIS; ESTABLISHING HEARING DATES; PROVIDING FOR PERSONAL AND PUBLISHED NOTICE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Council Member Strathern said this was one of two methods that could be used to disannex the area, but that the petition method would take approximately four weeks less and that was the method the property owners had chosen. Council Member Strathern said this item was included in the Agenda prior to the petition method being chosen. Council Member Biard inquired about the two processes for disannexation. Kent Mcllyar stated there were two methods under the Texas Local Government Code for disannexation. Mr. Mcllyar said one was by Council action in a home rule municipality and the other was through petition. He said he was approached by representatives of the Cobb Ranch Addition last week and they wanted to know which approach would be quicker. Mr. Mcllyar said at the time he was approached, the Agenda was in final form and item 23 had already been included in the packet. He stated the process as posted on the Agenda would require two public hearings and could not be completed until the end of October, because of statutory requirements. Mr. Mcllyar said at the time this item was placed on the Agenda, there had been no inquiry of a petition process. He said the petition process included publication in a local newspaper of a notice of intent to disannex, which had to be published for fifteen days prior to circulating their petition. He further said the property owners had published the notice in Sunday's newspaper. Mr. Mcllyar also said they had to post three signs in the area of the proposed disannexation and the signs had to be posted for a minimum of ten days prior to circulating the petition. He said they had to obtain the signatures of a minimum number of fifty-one percent (51 of the property owners in the proposed disannexed area. Mr. Mcllyar also said the petition would have to be supported by a sworn affidavit that the statutory requirements had been met and then it would have to be filed with the City Clerk. He said it was the City's job to verify the petition and determine that they have obtained a majority of property owners' signatures. Mayor Freelen asked if it was because the City had not provide services. Mr. Mcllyar said that the petition will have to allege they have not received adequate city services to the area, because that is what is required under state law. He also said the City was required to refund any taxes they have paid over the time period they have been in the city limits, less the amount of money the City spent providing City services to the area. Mr. Mcllyar said the residents receive water from Lamar County Water District and the City did not maintain streets in that area. Kevin Carruth added that they were also on septic systems in that area. Mr. Mcllyar stated the finance director had done calculations based on the length of time property owners had been in the City and had compared those figures against the value of services provided by the City of Paris to that area. ~000OV