10 - DISANNEXATION REQUESTSItem No. 10
memorandum
TO: Mayor & Council
FROM: Stephanie H. Harris, City Attorney
SUBJECT: DISANNEXATION REQUESTS
DATE: June 6, 2016
BACKGROUND: The City Council has previously directed staff to proceed with the
disannexation of the following properties due to lack of City water and sewer services and the
City's inability to provide them with these services in a timely manner:
• Terry & Dedra Dollins, 3356 FM 79
• Peter & Lisa Zacharias, 3388 & 3384 FM 79
• Jessie Tucker, 3930 FM 79
• O.B. McCuin, 3928 FM 79
• Stacy & Shelia Pendergraft, 3790 FM 79
• Ronald Dockray, 3197 FM 79
• Carolyn Patterson, 2 acre tract, Rt. 1, FM 79 and 2.5 acres, FM 79
• Arthur & Joyce Lay, 3248 FM 79
• Carol Diggs, FM 79
The properties currently receive City Sanitation, Fire, EMS and Police Services. Upon
disannexation these services change to the property owner's choice in sanitation company, the
local volunteer fire department, and the Lamar County Sheriff's Department would be
responsible for Law Enforcement for the properties. The City would still provide EMS service.
STATUS OF ISSUE: The Council conducted Public hearings on May 22, 2016 and May 23,
2016 on the proposed disannexation of 164.31 acres, being three tracts as follows:
A 1.16 acre tract, a 2.45 acre tract and a 160.7 acre tract located in the southeastern corner of the
Chisum Abstract No. 175 and northeastern corner of the Bourland Abstract No. 70 being 0.75
miles northwest of the intersection of FM Hwy 79 and the 2.45 acre tract being located along the
south side of FM Hwy 79 including addresses ranging from 3194 FM Hwy 79 to 3930 FM Hwy
79, of the City of Paris, Lamar County Texas.
The metes and bounds descriptions of the three tracts and a map thereof are attached to the
attached proposed ordinance as Exhibit A.
PROCESS: The process for disannexing properties from the City of Paris requires two public
hearings over a 40 day period and publication of notice of the public hearing 10 -20 days prior, as
well as notice to Lamar County, school districts and railroad companies. Notice was published
in The Paris News on April 22, 2016. The first public hearing took place on May 16, 2016, the
second public hearing took place May 23, 2016, and the City Council may take action on the
proposed disannexation at its regular meeting on June 13, 2016.
BUDGET: Tax base reduction
RECOMMENDATION: Approve disannexation as published on April 22, 2016 in The Paris
News.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS
DISANNEXING THREE TRACTS OF LAND BEING 1.16 ACRES, 2.45 ACRES
AND 160.7 ACRES FOR A TOTAL OF 164.31 ACRES LOCATED IN THE
SOUTHEASTERN CORNER OF THE CHISUM ABSTRACT NO. 175 AND
NORTHEASTERN CORNER OF THE BOURLAND ABSTRACT NO. 70 BEING
0.75 MILES NORTHWEST OF THE INTERSECTION OF FM HWY 79 AND
THE 2.45 ACRE TRACT BEING LOCATED ALONG THE SOUTH SIDE OF FM
HWY 79 INCLUDING ADDRESSES RANGING FROM 3194 FM HWY 79 TO
3930 FM HWY 79, OF THE CITY OF PARIS, LAMAR COUNTY, TEXAS,
MORE PARTICULARLY DESCRIBED IN EXHIBIT A ATTACHED HERETO, IN
RESPONSE TO LANDOWNER REQUESTS FOR DISANNEXATION;
ADJUSTING CITY BOUNDARIES TO REFLECT NEW CITY LIMITS; MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT;
PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE AND A
SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, on January 25, 2016, property owners Terry and Dedra Dollins, Peter
and Lisa Zacharias, Jessie Tucker, O.B. McCuin, Stacy and Shelia Pendergraft, Ronald
Dockray, Carolyn Patterson, Arthur and Joyce Lay and Carol Diggs filed applications for
disannexation with the City of Paris, Texas requesting that their properties be disannexed
from the Paris City Limits due to a lack of city water and sewer services; and
WHEREAS, the request includes three tracts of land being 1.16 acres, 2.45 acres and
160.7 acres for a total of 164.31 acres located in the southeastern corner of the Chisum
Abstract No. 175 and northeastern corner of the Bourland Abstract No. 70 being 0.75 miles
northwest of the intersection of FM Hwy 79 and the 2.45 acre tract being located along the
south side of FM Hwy 79 including addresses ranging from 3194 FM Hwy 79 to 3930 FM
Hwy 79, of the city of Paris, Lamar County, Texas, more particularly described in Exhibit A
attached hereto and incorporated herein; and
WHEREAS, City of Paris engineering staff and third -party engineering consultants
have studied the area to determine if it is feasible or practical to run new sanitary sewer
lines and install sewer lift stations to serve this area; and
WHEREAS, the engineers determined that it is not currently feasible or practical to
install new sanitary sewer lines and lift stations in this area which is still mostly
undeveloped with low population; and
WHEREAS, on February 8, 2016, the majority of the City Council voted to move
forward with disannexation and called for public hearings on May 16, 2016 and May 23,
2016 in accordance with state law; and
WHEREAS, notice of the public hearings was published in The Paris News on April
22, 2016, and on the City website, in accordance with state law; and
WHEREAS, the City Council, having reviewed the disannexation requests, maps and
exhibits for the proposed disannexations and having received public comment, hereby
finds and determines that the proposed disannexation of the Properties is in the best
interests of the City of Paris, Texas and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby
in all things approved.
Section 2. That by adoption of this ordinance, the City Council does hereby
disannex that Property currently within the boundaries of the city limits of the City of Paris,
Texas, said property consisting of three tracts of land being 1.16 acres, 2.45 acres and 160.7
acres for a total of 164.31 acres located in the southeastern corner of the Chisum Abstract
No. 175 and northeastern corner of the Bourland Abstract No. 70 being 0.75 miles
northwest of the intersection of FM HWY 79 and the 2.45 acre tract being located along the
south side of FM HWY 79 including addresses ranging from 3194 FM HWY 79 to 3930 FM
HWY 79, in the City of Paris, Lamar County, Texas, and forming a portion of the current
boundary of the City of Paris, Texas, more particularly described in Exhibit A attached
hereto and incorporated herein.
Section 3. That the Property described in Exhibit A shall be, and is hereby upon
the effective date of this ordinance, in all things disannexed from the city limits of the City
of Paris, Texas.
Section 4. That from and after the date of final adoption of this ordinance, the
boundaries of the City of Paris, Texas as the same appear in any and all official documents,
maps, or other renderings, shall be and are hereby adjusted to reflect new boundaries of
the City of Paris as amended by this disannexation.
Section 5. That in accordance with Section 43.148 of the Texas Local Government
Code, the City Council finds and determines that the value of services provided by the City
for the direct benefit of the Property during the period of time said area was located within
the city limits of the City of Paris, equals or exceeds the amount of property taxes and fees
collected from the landowners whose property is located within the area disannexed
herein.
Section 6. That all provisions of the ordinances of the City of Paris, Texas in
conflict with the provisions of this ordinance are hereby repealed, and all other provisions
of the ordinances of the City of Paris, Texas not in conflict with the provisions of this
ordinance shall remain in full force and effect.
Section 7. That the repeal of any ordinance or part of ordinances affected by the
enactment of this ordinance shall not be construed as abandoning any action now pending
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under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering
any penalty accruing or to accrue, or as affecting any rights of the municipality under any
section or provisions of any ordinance at the time of passage of this ordinance.
Section 8. That it is the intention of the City Council of the City of Paris, Texas,
that this ordinance and every provision hereof, shall be considered severable, and the
invalidity or partial invalidity of any section, clause, or provisions of this ordinance shall
not affect the validity of any other portion of this ordinance.
Section 9. This ordinance shall be effective immediately upon passage.
PASSED AND ADOPTED on this 13th day of June, 2016.
A.J. Hashmi, M.D., Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney