13 - 6055 CLARKSVILLE STREET DISANNEXATION REQUESTItem No. 13
memorandum
TO: City Council
John Godwin, City Manager
FROM: Stephanie H. Harris, City Attorney
SUBJECT: Disannexation Request
DATE: June 7, 2017
BACKGROUND: The City has received an application from Jason Boehlar and his wife
Whitney Boehlar requesting that the City Council consider disannexing their property at 6055
Clarksville St. because they do not have City water and sewer and the property next to them was
disannexed in September 2015 as a part of the "Airport Road disanexations." No other property
owners in the area have applied for disannexation.
STATUS OF ISSUE: City staff has received an application for disannexation from the owners
of a single property located at 6055 Clarksville St. The application and a map showing the
location of the parcel owned by the person requesting disannexation in relation to adjoining
properties and the city boundary limit lines are attached hereto. In June 2013, the City Council
adopted Policies and Procedures for Annexation/Disannexation, a copy of which is also attached
for your review. Because this application is from a single property owner of a single parcel, the
application does not appear to meet the City's criteria for considering disannexation (see Policies
and Procedures at page 16). Council also needs to be mindful of the danger of disannexing so
much property in the area that Cox Field becomes effectively landlocked. On the other hand, the
adjoining property (Parcel 6059) has already been disannexed, and disannexing the Boehlar
property would simply make the total disannexed area a rectangle instead of a flag shape.
The process for disannexing properties from the City of Paris requires two public hearings over a
40 -day period preceded by a 30 -day written notice to all property owners being disannexed and
notice to Lamar County, School Districts and Railroad Companies. If the City Council directs
staff to disannex the parcel, it will take approximately 90 days to completion.
BUDGET: N/A
RECOMMENDATION: Provide direction to staff.
7 RIS
Disannexation Request for
6055 Clarksville St, Paris, TX 75460
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APPLICATION FOR DISANNEXATION
NAME OF APPLICANT(S):
MAILING ADDRESS: _C,4> r �, /'"-1 Ale
TELEPHONE NUMBER: 7 U�
F
VOTING DISTRICT NUMBER:
(this information maybe obtained through the City Clerk of the City of Paris)
VOTER REGISTRATION NUMBER:
ADDRESS OF PROPERTY:
Aso
I/We, the undersigned owner(s) of the above - described property, do hereby
Petition the City of Paris to disannex my /our property for the following reasons:
REQUIREMENTS: Attach a complete copy of the latest deed of record for the above -
described property evidencing ownership. This deed must include a legal description of
the property requested to be disannexed along with a plat or a drawing indicating the area
to be disannexed.
I/We understand that the City of Paris has no obligation to disannex property except
as m ' be required by law. This application must be completed, in its entirety, with all
requ a attachments.
P &icpant(s) Si gnature Date
Applicants ignature Date
RECORDING RETL &\ TO:
Jason and Whitney Boer'
585 31m SE
Paris, Texas
STATE OF TEXAS
COUNTY OF LAMAR
NOTICE OF CONFIDENTIALITY RIGHTS: IF
YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR
STRIKE ANY OR ALL OF THE FOLLOIMNG
INFORMATION FROM ANY INSTRUMENT THAT
TRANSFERS ANY INTEREST IN REAL PROPERTY
BEFORE IT IS FILED FOR RECORD IN THE PUBLIC
RECORDS: YOUR SOCIAL SEcuRrry NUWmER OR
YOUR DRIVER'S LICENSE NUMBER.
GENERAL WARRANTY DEED
(Vendor's Lien)
17 -0509
§ KNOW ALL MEN BY THESE PRESENTS:
That LINDA SLUIS, joined pro forma by her husband, KEN SLUTS, ASA
CHAMBLESS, joined pro forma by his Rife, KRISTI CHA.MBLESS, DARLENIE
SCOGGINS, an unmarried person, KATRINA MCNEAL, joined pro forma by her
husband, MARK MCNEAL, SIIERYL SIMON, joined pro forma by her husband,
ROBERT SIMON, GERI CHAPPELL, joined pro forma by her husband, WES
CHAPP'ELL and JBI HANSON, an unmarried person ( "Grantor" whether one or more) for
and in consideration of the sum of TEN AND INT01100 DOLLARS ($10.00) and other good and
valuable consideration, and the further consideration of the execution and delivery by the
Grantee of one certain promissory note of even date herewith, being in the principal sum of
$51,000.04, payable to the order of LIBERTY NATIONAL BANK ( "Lender's, as therein
specified, providing for acceleration of maturity and for attorney's fees, the payment of which
note is scoured by the vendor's lien herein retained, and is additionally secured by a first lien
deed of trust of even date herewith to Wftliam H. Coleman, Trustee, the receipt of which is
hereby acknowledged, have GRANTED, SOLD AND CONVEYED, and by these presents do
GRANT, SELL AND CONVEY unto JASON BOEHLAR and wife, WHI'T'NEY BOEHLA.R,
whose address is 585 31a SE, Paris, Texas 75160 ("Grantee" whether one or more) all of the
following described real property in Lamar County, Texas, to -wit:
SEE EX MIT "A" ATTACHED Il<E t.ETO AND MADE A PART
HEREOF.
TO HAVE AND TO HOLD the above - described premises, together with all and singular
the tights and appurtenances thereto in anywise belonging, unto the said Grantee, Grantee's
heirs, administrators, sucemors and assigns forever and Grantor binds Grantor, Grantor's heirs,
exemrtois and administrators to WARRANT AND FOREVER DEFEND all and singular the said
property premises unto the said Grantee, Grantee's heirs, executors, administrators, successors
and assigns, against every person whomsoever lawfully claiming or to claim tire same or any Part
thereof.
But it is expressly agreed that the Vendor's Lien, as well as Superior We m and to the
above desed'bed property and premises, is retained against the above described property,
premises and improvements until the above described Note and all udarest thereon are My paid
according to the face, terror, effect and reading thereof, when this Deed shall become absolute.
Further, Lender at the instance and request of the Grantee herein, having advanced and
paid in cash to the Crrantor herein that portion of the purchase price of the herein described
property as is evidenced by the herein above described Note, the Vendor's Lien, together with the
Superior Title to said property, is retained herein for the benefit of said Lender, and the some are
hereby TRANSFERRED AND ASSIGNED to said Lewder, its successors KW assigns.
This conveyance is made and accepted subject to any and all easements, restrictions and
reservations of record affecfn the title to the above - described property and filed in the office of
the County Clerk of Lamar County, Texas, including, but not limited to Right of way easement
firm Rubylea Chambless to Lamar County Weber Supply Corporation of record it, Book 652,
Page 862, Lamar County Deed Records
EXECUTED this 14 y of February, 2016.
wit �
_W-!__ -
KEN SLURS
2
ASA Czl-AA01LESS
IMSTI CaAAM-T ESS
DARLE.NE SCOGGINS
KA: RMA MCNEAL
pvlAf L.
MCNEAL
SHERYL SIMON
ROBERT SYMON
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DARLFJ& SCOGGINS
KATRINA M[CNEA]L
A4ARK MfNEAL
SHERYL SIMON
ROBERT SMON
CHARRELL
Wa CHAPP]
ASA CHAMBLESS
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KA;.'RL'NA MCNEAL
VAARK NE -CNEAL
SHER"YL SWON
ROBERT SIMON
GR f CHAPPELL
WES CHA.PPELL
ASA CRAMBLESS
XMS'1- 14UMAMJRLESS
TDAiZ3LEdti'E SCNGGLKS
KATRWA MCNRAL
MARK MCNEAL
ark
GEKI mH p +ZL
WES Clyj ELL
ld�SON
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on this day of February, 2017,
by Ti MA SLUTS and husband, IAN SLUTS.
Notary Public, State of Texas
THE STATE OF TEXAS
COUNTY OF
This inshn m6A was acknowledged before me on this day of February, 2017,
by ASA Ct1'Al MLESS and wife, li RUM CHAMMESS.
Notary Public, State of Texas
THE STATE OF TEXAS
COUNTY OF
This instrument was Wwowledged before me on this day of Feb=uaay, 2017,
by DARrT.EN E SGOGGINS.
Notary Public, State of Texas
a
JIM HANSON
THE? STATE OF TEXAS §
COUNTY OF " §
This instrument was ackoowledged before me on this ''day of Fe y, 201 ,
by LMDA SLULS and husband, XMN SLUTS.
M, K SPEARS
MY COMM" EXPM
1�nbP.?,2DiT Notary Public, of Texas
THE STATE OF TEXAS §
COUNTY OF §
This instrument was aclmowiedged before the on this day of February, 2017,
by ASA CHAMBLESS and wife, XRMI CHAMBLESS.
N Awy Public, Stute of Texas
THE STATE OF TEXAS §
COUNTY OF $
This inshumelat was ackwwledged before tnc on this day f F 2017
by DA.RLRNE SCOGGMS. y ��
Notary Public, State of Texas
4
Jffd HANSOM
THE STATE OF TEXAS §
COUNTY OF $
This instrument was admowledged before me on this day of Fohmmy, 2017,
by LINDA SLUTIS and husband, KEN SLUIS,
Notary Public, State of Texas
THE STATE OF TEXAS §
COUNTY OF ELCA §
This irar ni6A was wlawwWged before me on this � �� day of Fehmary, 2017,
by ASA CHAMBLESS and WHO, KRiSTI CBLAhOLESS.
N lie, fate of Texas
THE STATE OF TEXAS §
COQ OF §
This mshum aYt was acknowledged before Yee on d is day of February, 2017,
by DARLENE SCOGGINS.
Notary Public, State of Texas
fAl•ISOIV
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on this
by LMA SLUTS and husband, KEN SLURS. daY of February, 2017,
Notary Public, State of Texas
THE STATE OF TEXAS §
COUNTY OF
by This instrument was acknowledged before me on this
ASA (TAhMLESS and wife, KRISdTI CfmmBLESS. day of February, 20I7,
Notary Public, State o f Tex
THE STATE OF TEXAS §
COUN'T'Y OF X4
This instrument was acknowledged before me on � I�--
by D�'ENE SCOCGINS. _L5— day of February, 201-7,
Y TOM NELSON
NOTARY PUBLIC
* * STATE of TEXAS
' a t ID * 12893SU4
MY CORM. 0-328-2020
Notary Public, State of Texas
4
THE STATE OF TEXAS §
COUNTY OF
This instrument was acknowledged before me on this day of February, 2017,
by KATRINA MCNEAL and husband, MARK MCNEAL.
DENISE MOFFrff
Ncln;� pijblio
STATe OF TEXAS
AA' 00r%! .12-02-M7 Notary Public, State of Texas
THE STA
COUNTY OF §
This instrument was acknowledged before me on this _ day of February, 2017,
by SHERYL SIM, ON and husband, ROBERT SIMON.
Notary Public, State of Texas
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on this day of February, 2017,
by GERI JWPELL and husband, WES CHAPPE I�L.
E
Ivlu (ro r y P
S TATE F T,
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Oil Notary PuWc, State of texad
.' 11
THE STATE OF TEXAS §
COUNTY OF
This instrument was acknowledged before me on this day of February, 2017,
by JIM HANsox
Notary Public, State of Texas
THE STATE OF TEXAS §
COUNTY OF _ §
This instrument was acknowledged before me on this day of February, 2017,
by KATRINA MCNEAL and husband, MARK MCNEAL.
THE STATE OF TEXAS §
COUNTY OF
t
Notary Public, State of Texas
This instrument was acknowledged before me on this _ j y_'�! day of February, 2017,
by SHERYL SBION and husband, ROBERT SIMON.
iv ALICIA M. SPAUU!!NG ,� -� 1111��
.. Nouq Public, Su" of Toxft _a -1
Conn. Ezpira ta+aasa1 s Notary Public, State of eras
NOWT ID 126267040
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on this day of February, 2017,
by GERI CHAPPr+'LL and husband, WES C.HAPPELL.
Notary Public, State of Texas
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on this _ _ day of Febivary, 2017,
by JIM HANSON.
Notary Public, State of Texas
THE STATE OF TEXAS §
COUNTY OF §
'ibis instrument was aolrnowledged before me on this day of February, 2017,
by KATRINA MCNEAL and husbovd, MARK MCNEAL.
Notary Public, State of Texas
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on this day of February, 2017,
by SHERYL SIMON and husband, ROBERT SIMON.
Notary Public, State of Texas
THE STATE OF TEXAS §
COUNTY OF §
This insirment was acknowledged before me on this day of February, 2017,
by GLRI CHAPPELL and husband, VVES CELL PPELL.
Notary Public, State of Texas
THE STATE OF TEXAS §
COUNTY OFT §
This instrument was acknowledged before me on this 1 L day of February, 2017,
by JIM HANSON.
,a`.;Y`� "�•.�
RAC HEAL ANNE ARUGUIR
Notary Public. State or Texas Mate Of
Comm. Expires 05- 17.2020`
_Nalory ID 130666618
Ail that c amain tract or paz+cel of land situated abort 4.75 miles
mart. ?`aces; illrams South �' East from the Paris, in
celled 280'x 1000' tract P" of as dOwnbed is a Survey, Lee Chx No. 1001, and � all � the
wit: Page Ss, of the Lama o Ruby Chan b iiss, and recorded in Voiame
Decd Record8 of
more P lerly descrcJW as follows, to
Beglieirieg at a Ys" IMMd pin (sat) far a corner � a Northaayt Line of US Soadw t of ChambdIw) tract: 8a sway 271, same being the
(Tract tine) tract of land descnbad in a Deed to the Southwest corner of a galled 9..326 cent
535, ! 327, of the Real Property Recede of Lancer C�ys34wa M. Davols, and recorded in Vohune
Thence N 62.52' 08" W with a Nmdla at Lino of said
Cbamblcss track, $distance of 315. 238', to a 34" iron way 2 71 and with the Somthvaest Line of said
corner of said Cbambliss trace; and same ahto Pm (found} for a career, same being � Southwest
laud as described is a Deed to Patrick Cole a comer of a called 85.505 acre tract aaE'
t?ffCW P� aiLaasar County; v°ss' and rtpordod in Volume I564, I I7, of the
Thence N 00' 04' 01" E with the West Iaae of
acre a dunce of 1023.258', too a %" iroac in C�ambliss tract and with an Bast Line of said 85 505
of said Chambfin p ( r a corner, same being the Nmthwest
S0' `t of called 10.44 pia a Northeast oounar of said 85.505 acre trm� same belt the
racmded in Vohune 1564 tract °f land as cubed in a Dead to Patrick �,� and
the �vvest ,Page 1l7, of the Offidai Public Reoorcis of I -anaar
career of a called 11.965 acre (73racx Two CO°�Y, _� also
Lww County; M. Ltevass, and wed in Volume 535, Page 3227,�the R Y geaards off
Thence S 84° 42' 33" E with the North Zane said
etas a distant of279. 356'. to a i/2" irou ChambK= tract and with the South Lim of said 11.965
acre acme bei�gg the Nord corner of said C� a caoraer xn the South Luce aef said 1 1.965
comer of said 9.326 acre tract; + and same also being the Northwest
Thence S 00' 03' 35" E with the East Line of-aid G'hambiiss
a� a dance of 1141.256', to the Pkrce and with the West Line of said 4.326 UTx;k
ng and caarrirsWnRg 4.941 acres of Ian& bawi'V 01" � � � an e East Line of said SS.505 am trams �g N 00 04
suPervWOMs with field notes completed January 16, survey made on the ground and under my
�PKti OP
� .• o�srF••;Fy
Janasr 16, 2017 * .
l t;i NDELL J. Mt?ORE
%/ 6723
IT A Wardell J.� •....,�:'
Registered P:ofo s
Land Surveyor No. 5723
2 of 2
I4ataen — Lacers Surveying, 4130 Shannon Drive, Paris, Texas, 75462 (4113) 784-4245 Pic.
ANNEXATION
TABLE OF CONTENTS
PART I: CONTEXT &AUTHORITY
Section 1. introduction
Section 2. The Context of the Texas local Government Code (T Q
Section 3. Annexation Authority and Procedures
Section 4. Provisions Regarding Disarm ncetion
Section S. Annexation under Scutt 0 99
Section 6. Municipal Regulation of the Extraterritorial Jurisdiction (ETI)
Se cdon 7. Annexatio n Policy Considerations
Section S. Dlsanto tion Policy Considerations
PART Il: PURPOSE & INTENT
PART III: DEFINITIONS
PART IV: CRITERIA & PROCEDURES
PART I: CONTEXT & AUTHORITY
in many parts of the U.S., county governments are considered to be "caretakers"' of the unincorporated
areas, under the presumption that at some time in the future, they will be Included within municipal
boundaries. Nevertheless, when cities consider annexation and/or dlsannexation of properties, there
are fundamental considerations that shauM be applied prior to those decisions. This report attempts to
address these considerations.
Under 19Ws SS 89, there are two basic annexation procedural methods, each of which is based
either on the inclusion or exclusion of an area In a dty's annexation plan:
(A) Annexation of an area that Is exempt from the annexation plan requirement, and
(B) Annexation after Dec. 31,20M of area Included in an annexation plan.
if an area Is not exempt, a city must place It In an annexation plan and wait three years to
annex the area under the procedures established by Chapter 43, subchapter C, 'Annexation
Procedures for Areas Annexed Under Municipal Annexation Plan.'
2, The Annexation Plan'
SB 89 required that every city in Texas adopt an annexation plan that became effective no later
than December 1, 1999. The plan must Identify annexations that will occur beginning three
years after the date the plan is adopted.
However, certain kinds of areas are exempt from the plan requirement. For example, Nan area
"contains fewer than 100 separate tracts of land on whkh one or more residential dwellings are
located on each tract," the area is not required to be placed In an annexation plan. Also, Hthe
land Is annexed by petition of area landowners or voters, the area is not required to be In a plan.
Further, a city can amend the plan to Include new areas, but the city may not annex theca areas
until three years after said area Is included In the plan. There are also time limitations regarding
annexing property If an area Is removed from the plan and /or placed back Into the plan, There
2
are further notice requirements before the 901' day sitar the city adopts or amends the
annexation plan.
• - .l-Ei� /14 7..:E. �.
X77- I �y 1
(A) provisions fiMrding Annexation of a le City.
Paris is a home rule city, and a home rule munkipallty can take the following actions if
provided by the city's darter.
(1) Fix the boundaries of the m unkipality,
(II) Extend the boundaries of the municipality and annex area adjacent to R: and
(01) Exchange area with other municipalities.
71:17111 5-Till
(A) A municipality may annex area only In its extraterritorial jurisdiction (ETj) unless the
municipality owns the area (TLGC, SecA3.051).
(8) There are annexation hearing requiremeniM
(C) The annexation of an area must be completed within 90 days after the date the governing
body institutes the annexation proceedings or those proceedings are void.
(p) A city cannot annex a publicly or privately owned area. Including a strip of area that follows
the course of a road, highway, river, strearn, or creek, unless the width of the area at Its
narrowest point is at least 1,000 feet. (There are several situations where this requirement
does not apply. TLGC, SwA31M).
(E) in any calendar year, a municipality cannot annex a total greater than ten percent (1096) of
the Incorporated area of that municiparrty as of January 1 of that year, plus any amount of
a rea tarred over to that year (under subsection (b) of Se. 43ms, TLGC). An annexed area
is rot included in this cakuMtion if annexed at the request of the property owners of the
area, or If the area k owned by the municipality, a county, the state, or the federal
government and used for a public purpose, further, a municipality carrying over an
allocation cannot anneal In a calendar year, a total area greater than thirty (30) percent of
the Incorporated area of the municipality as of January 1 of that year-
(F) Service Plans to Annexed Areas:
(1) Within a specified time limit, a city that is proposing an annexation must complete a
service plan that provides for the extension of full municipal servkm to the area to be
annexed. (SecA.056).
(11) Said full municipal services must be provided In the annexed area no later than 2% roars
after the effective date of the annexation. (There is opportunity for extension of certain
services, but no later than 474 years after the date of the annexation.)
(Ili) However, under this program If a city provides any of the following services within its
corporate limits prior to annexation, the city must provide those services in the area
proposed for annexation on the effective date of the annexation of the area:
(a) police protection;
(b) fire;
(c) emergency medical services;
(d) solid waste collection (except as certain conditions require);
(e) operation and maintenance of water and wastewater faclitties In the annexed area
that are not within the service area of another water or wastewater utility (as
defined by CCNs);
(f) operation and maintenance of roads and streets, including road and street lighting;
(g) operation and maintenance of parks, playgrounds, and swimming pools, and
(h) operation and maintenance of any other publicly owned facility, building, or service.
The service plan may be amended to extend the period of construction ti said
construction Is occurring as quickly as possible. There are also other criteria regarding
provision of services in the annexed area based on the existing level of service in the
area to be annexed, etc. The proposed service plan must be made available for public
inspection and explained to the inhabitants of the area at the public hearings held under
Sec. 43.056L A service plan is valid for ten years; renewal of the service plan is at the
discretion of the municipality. There are also other opportunities for citizens to enforce
the service plan.
L : isennexation for Failure to P ftrvices (Sgc. 4_., 411:
(A) A majority of the qualified voters of in annexed area may petition the goveming body of the
municipality to disennex the area If the municipality falls or refuses to provide services or to
cause services to be provided to the area within the period specified by Section 43.0% or by
the service plan prepared for the area under that Section.
(B) if the governing body fails or refuses to disannex the area within 60 days afar the dale of
the receipt of the petition, any one or more of the signers of the petition may bring a cause
of action In a district court of the county in which the area is principally located to request
that the area be disannered. On the filing of an answer by the governing body, and on
application of either party, the case shall be advanced and heard without further dray in
accordance with the Texas Rules of Civil Procedure. The district court shali enter an order
disannexing the area if the court finds that a valid petition was filed with the municipality
and that the municipality failed to perform Its obligations in accordance with the service
plan or failed to perform in good faith.
(C) If the area is disannexed under this Section, It may not be annexed again within 10 years
after the date of the disannexation.
2. Dtannexation Aaordina to Munidoai CharteE inRule Mynidnal#y Mm 43.1421
A home -rule municipality such as Paris may disannex an area In the municipality according to
rules as may be provided by the charter of the municipality and not ineondstent with the
procedural rules prescribed by this chapter.
3. Width Reouirement for Mummation (Sect. 43 -1471
(A) A municipality disannexing a road or highway shall also disartnex a strip of area that Is equal
in size to the minimum area that the municipality is required to annex In order to comply
with the width requirements of Sec. 43.1)54 unless such disannexation Is undertaken with
the mutual agreement of the county government and the mu ldpality. The strip of area to
be disa nnexed must be adjacent to either side of the road or highway, and follow the course
of the road or highway.
4. Reguirernerits Regarding Federal and State Aporovals and Not
Ali annexation ordinances and Information relating to the annexation must be submitted for
approval of the US. Department of Justice. Also, the Texas Secretary of Stabs must be notified
of any annexation/disannexation. Certain other agencles are also required to be notified if a city
changes its boundaries.
41L rJ dJ L• a. L t
The following is an outline only of the procedures that now must be followed when annexing territory;
1. Adopt an annexation plan. (Sec. 43.052 (c))
2. Determine whether the municipality may annex the territory. (Sec. 43.0545)
3. Determine whether territory should be Included in the annexation plan. (Sec, 431052 (h)).
4. Comply with the notice requirements.
5. Provide written notice to school districts.
6. Prepara an inventory of services and facilities.
7. Prepare a service plan.
a. Address bearing requirements.
5
9. Submit annexations to the U.S. Justice Department for preclearance not later than the 9&
day before the effective date of the annexation or the earlieta date permitted under federal
law (Set-43-906 (a)).
Section 6. ,iMMWdMI Regulation oftj ffitorialJurisdMe (W)
The policy purpose regarding the ETJ is stated in Sec 42.OD1 of the TLGC. Chapters 42 and 43 of the
TLGC address the Municipal Annexation Act. The City of Paris' population has, under Set. 42.021 a
"number of inhabltirrW between 25,)00- 49,999, 'and therefore the extent of (Rsj extraterritorial
jurisdiction' is two (2) miles.
Sec. 42.023 states: "The extraterritorial jurisdiction of a munid"Ifty may not be reduced unless the
governing body of the municipality gives its written consent by ordinance or resokrtton, except in cases
of judicial apportionment of overlapping extraterritorial jurisdiction under Sect. 42.90L'
Section 42.022 discusses the expansion of tine ETJ. The code also addresses the very rare issue of
overlapping Ells.
Texas cities do rwt have the statutory ability to rove property within their ETJ; however, Sec.
222.003 states that a city's subdivision regulations are applicable within its ETJ if that
municipality has extended Its subdivision regulations into the ETJ by ordinance. (Note:
Subdh4sion Regulations states that sale regulations also apply in the ETJ.) .
A municipality may regulate subdivisions and approve plats for tracts of land located outside its
city limits and outside its ET) if there is an interlocal agreement providing for such regulation
and approval (Sec. 242.002 (a)). If a property Iles within the ETJ of more than one municipalitty,
the munidpality with the larger population has the responsibility for approval (Sec. 212.007 (a)).
2. Subdiyfsions. HB 1445 and the ETJ
House Bill 1445 was adopted by the 2001 Session of the Texas Legislature and provided for an
agreement between a county and a municipality to regulate a subdivision In the ETJ of a
municipality. H.S. 1445, now In Chapter 242 of the Texas Local Goverrrment Code, required that
a city and county shall enter into a written agreement that Identifies the governmental entity
authorized to regulate subdivision plats and approve related permits in the ETJ (Sec. 242.00i
(a)). For a municipality existing on September 1, 2001, the municipality and county were
required to enter into a written agreement on or before April 1, 2002 (Sec. 242=1(c).
Texas municipalities have four options under KB. 144S: (1) the county will possess no authority
over plats and all review will be done by the city; (2) the city possesses no authority over plats
and all review will be done by the county, (3) the city and county will divide the ETJ
geographically and each will delineate in which area It possesses authoft over plats; and (4)
the city and county jointly review plats under their respective authority, but there must be one
filing fee, one office to Me pints, and one unibrm and consistent set of plat regulations.
3. HB I 19
This bill added Subchapter G, entitled "Agreement Governing Certain Land in a Municipany+s
Extraterritorial Jurisdiction," to Chapter 212 of the TLGC "Municipal Regulation of subdivisions
and Property Development." The bill provides that a city coundl can enter Into a written
contract with an owner of land in the city's ETJ to (1) guarantee the land's Immunity from
annexation for a period of up to fifteen years, (2) extend certain aspects of the cWs land use
and environmental authority over the land; (3) authorhe enforcement of land use regulations
other than those that apply within the city; (4) provide for lnftastrxrcture for the land; and (5)
provide for the annexation of the land as a whole or in parts and to provide for the terms of
annexation, K a nnexation Is agreed to by the parties.
Sections 212.041 - 212.050 of the TLGC provide authority for municipalities to aeoept
development plats In the EV, A development plat, however, should not be confused with a
subdivision plat. The authority to restate subdivisions Is found In Subchapter A of Chapter 212
whereas the authority to regulate property development through the use of plats is found in
Subchapter 0 of Chapter 212 of the TLGC- A city must choose by ordinance to be covered by
Subchapter B (or the law codified by that subchapter) f TLGC Sec. 212.041 and if a municipality
so chooses, any person who requests development of a trot of land In the corporate limits of
ED must prepare a development plat. "DevelopmerrV for purposes of Subchapter 8, means
"the new construction or the enlargement of any exterior dimension of any building, structure,
or improvement."
subchapter B expressly provides that It "does not authorize a municipality to require municipal
building permits or otherwise enforce the munkipallty's building cone M its extraterritorial
Jurisdictlom' (Sec. 212.049.)
S. Sian Regulotions
Chapter 216 of the Texas Local Government code addresses the relocation, reconstruction or
removal of a sign In the ETJ. Specifically, Section 216 003 allows municipalities to "require the
reiocatian, reconstruction, or removal of any sign within Its corporate limits, or extraterritorial
Jurisdiction," subject to the detailed regulatory procedure included In Sec. 21 MS (creation of
municipal sign control board, compensation requirements, exceptions and appeal provisions).
A home -rule municipality has other authority to regulate signs. Home rule cities may kense,
regulate, control, or prohibit the erection of signs or billboards by charter or ordinance in
compliance with Chapter 216 of TLGC, (Sec 216.901.) Municipalities may regulate the location
proximity, she, separation, setback and height provisions so long as the ordinance reflects a
reasonable relationship to the public heft, safety or general welfare.
A home -rule city may extend the provisions of its outdoor sign regulatory ordinance and enforce
the ordinance within its ETJ. in lieu of regulatory ordinances, however, home -rule cities may
allow the Texas Transportation Commission to regulate outdoor signs in the ETJ by filing a
wrkten notice with the Commission. If a municipality extends its outdoor sign ordinance within
7
Its ETJ, the municipal ordinanae supersedes the regu4tions imposed by or adopted by the
Commission. (Sec. 216.902.)
6. Indu3trial Districts and Planned Unit Reveloomert Districts
Section 42.044 of the TLGC albws a municipality to designate a part of its ETJ as an industrial
district and treat that area in the manner considered to be In the best Interest of the city,
including making written contracts with the owner of the land regarding annexation and
regulations. Chapter 42 of the TLGC also discusses planned unit development districts in the
ETJ. The governing body of a municipality that has disannexed territory previously annexed for
limited purposes may designate an area within its ETJ as a planned unit development district by
written agreement with the owner of the land. The panned unit development district shall
contain no fewer than 250 acres. (See TLGC Sec. 42016.)
7. impact F*W
Impact fees, under Ch. 395 of the TLGC, may be applied in the ETJ; however, impact fees for
roadway elements cannot be imposed In the ETJ. Paris does not Collect such fees at this the.
a. Municipal Drainage UtilityS+tstems
Under Sec. 402.044 (a) of the TLGC, the boundaries of a city's drainage system service area may
be extended within the ETJ that contribute overland flow into the watershed of the city. Parts
has no such system at this tlme.
9. The SAM Foot "kulsance ae "_
Section 217.042 of the TLGC states as follows:
(A) The municipality may define and prohl* any nuisance within the limits of the municipality
W within 5,000 feet outside the limits,, without regard to Its ETJ.
(a) The municipality may enforce all ordinances necessary to prevent and summarily abate and
remove a nuisance.
If a home -rule city wishes to enforce these activities extraterritorially, city ordinances must be
amended to reflect the extraterritorial application of the ordinances. Also, a home -rule city
cannot just state that all conduct Is a nuisance and extend such nuisance mviations S,OOD feet
from the city's boundaries. A "nuisence is anything that works injury, harm or prejudice to an
individual or the public, or which causes a well- founded apprehensbn of danger. A nuisance
obstruct4, impairs or destroys the reasonable, peaceful and comfortable use of property.
1o. Economk Development
HB 918, effectwe May 17, 2oDs, amended Section 38D.001(a) of the TLGC to Include a
munkipalhty's ET) and areas annexed for limited purpases as part of the municipality for
purposes of establishIng economic development Programs. SB 466, effective September 1,
2005, amended a number of Sections of chapter 877 of the TLGC relating to municipal
a
development dishiest. The amendments allow any municipality to create a municipal develop.
ment dlstrict, and allow that a municipal development district may include, in whole or In part, a
municipallty's ETJ.
11. N OWIV zone
Chapter 243 of the 7LGC allows rRy and county regulation of sexually orkrftd buss WW"
(Wb*). Most municipal or imnces that regulate SOBs provide distance requirements; Le.,
requirements that a SOB may not be located within a certain number of feet of a dwrck school;,
residendadirzoned area, day are curter or other sexually oriented business. (Sec. 243J= (a)).
Section 243A03 (b) of the TLGC specifically. states that "(ajregulation adopted by a municipality
applies only Inside the municipallty's corporate limits." however, after discussion of case law
from other states, the Terns Attorney General concluded that even though Section 243.1x13 of
the TLGC does not give extratemlorial affact to an SOB ordinance, Section 243Ati6(a)(2) of the
TLGC nonetheless may apply.
"A city may apply a municipal ordinance to prohibit a sexually oriented business within a
spectlied distance of a school, church; or other entity covered by Section 243.006 (a) (2) of the
TLGC even though that entity is not within the corporate limits of the dry In question, so long as
the sexually oriented business Is within those limas. Such application dues not violate the
statutory requirement that the ordinance only apply In the dty's corporate limlts."
Therefore, the distance requirements contained in local 500 ordinances may be enforced, even
if the underlying SOB ordinance has no extraterritorial effect.
PART ti: PURPOSE & INTENT
The City of Paris seeks to annex property within its extraterritorial Jurisdiction for the following
purposes:
To promote orderly growth by facilitating long -range planning for the provision of municipal
services and by applying appropriate land use regulations, development standards, property
maintenance standards, fire codes, construction codes, and environmental regulations.
To diversify the economic base and date job opportunities by annexing property for
commercial and industrial development.
To fulfill these purposes, the city has formulated this annexation policy in order to:
Provide the city council with more specft objective, and prescriptive guidance for making
annexation decisions.
Enable the city to be more proactive In Identifying areas for annexation by providing for a
regularly updated annexation program.
Provide for meaningful public participation In formulating the annexation program as part of the
regular update of the city's comprehensive plan.
Issues that should be considered include:
Phvsl I Boundaries
Proposed annexations should acknowledge, so for as possible, existing or proposed physical
features which can constitute boundaries between different areas. For example, natural
features such as rivers, streams„ or pronounced topographic changes, and man -made elements
Tike railroads and existing or planned expressways and freeways, can be appropriate boundaries
between the a nnexation areas of two or more communities.
Legal a Administrathre Boundaries
Invisible boundaries are sometimes just as Important as the strong visible barriers just
described. County lines are permanent political boundaries that can serve as appropriate
annexation limits. Though existing property lines, easements, corporate limits and the
administrative boundaries of park districts, fire protection districts, and elementary and high
school districts, can and do change, they should be respected as far as possible to avoid
confused jurisdictions and administrative problems.
•
Natural Drainage Divides
Because of the high capital costs associated with sanitary sewer Installations (as well as, of
course, other utility installations), municipalities should typically annex within natural drainage
basins to achieve the economies of gravity sewer flow. in areas, however, where, for example, a
countywkie sewer system has been proposed, drainage divides are less important as a guideline
for annexation boundaries.
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Ab tji to ftft &-adoes andfaciNg
Properties or an area should be annexed only to a municipality willing and able to provide fire
and police protection and refuse collection immediately and sanitary, sewer and water service
within a reasonable period of tune. Provision of sewer and water service should, however, not
be at the expense of areas already within the municipality that still do not have these services.
• Annexatiorn should be encouraged and enhanced that have the effect of consolidating a
community's corporate area and reducing the irregularities that prcvbus annexations may have
added to the gate limits. `Squaring off" the municipal limits to create an easily recog-
nizable shape can enhance the image that residents have of their municipalty and create a
more logical shape for administering services. Also, more logical and easily definable
eonfiguratkms of annexed property also provide the development community with
opportunities oftentimes to Create developments that one more efficient and aesthetically
pleasing. Annexation lines should be drawn so as to avoid ribbons or odd pieces of
unincorporated land between communities. It Is preferable for municipalities to abut and have
a common boundary rather than be separated by a small unincorporated area.
l;2gAMnMg Analysis
• The deficit of income to be realized from the annexed area against the expenses to the
municipality in serving it should be reasonable. Cost-revenue analysk a topic in itsek and
beyond the scope of this report, can compare the annexation area's potential revenue base with
the costs of furnishing necessary services, For example, consideration should be given to a
situation whereby a city annexes a residential subdivision that was not bulk to that dty's
subdivision standards. in the long -run, therefore, the current citizens within the annexing
municipality may have to pay for upgrading said potentially annexed subdivision.
•
Economic Develg=
In conjunction with cost- benefit analysis, Paris can use annexation, where appropriate, as a tool
to stimulate local and regional economic growth and implement sound, long -range caWUl
improvement programming. A sub-tool for this kind of economic development could be, for
example, publk- private partnerships and investments.
QMprehenshre Plans and Zoning District Maps
Texas does not allow zoning of unincorporated areas. YTrerefore, if property is annexed, it
should be zoned as soon as possible to be in conformarn with the annoWng municipalities'
future land use plan within its comprehensive plan. R such toning does not occur in a timely
manner, the municipality runs the rink of having its recently annexed area developed with land
uses that may be incompatible with that city's land use plans, growth - goals, and policies.
Parn. secreaeop_ ano open miace
Oftentimes, parks, recreation, and open space plans can be more fully Implemented If linkages
can be made to other parks akments, to increase dozen use, city design, and aesthetk features.
In certain instances, therefore, It could be an important fictor to annex areas outside of Paris
that could enhance trail systems, as well as use environmental resources that arc presumably
outside the city (e.g., flood plan and/or other environmentally sensitive, archeological and/or
historical sites or interesting areas).
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Cont Territory to be annexed must be contiguous to the annexing municipality. strip or
tentacle annexations along roads or easements, while held as legal in some cases, should be
avoided because oftentimes such annexations do not slow for area design and/or depth of
property to create wetWesigned and functioning developments of various types of land uses.
Density. Territory to be annexed should have a population density sufficient to warrant the
extension of municipal services. The cost of providing services and utilities should not unduly
burden the tax rate of a potential annexing body. As stated, what is urban should be municipal.
Development of a sufficient intensity to require municipal services (public water, sewerage, etc,)
should become part of some municipality. In addition, areas not yet posse ing urban character
that are In the path of impending urban development can also be good candidates for
annexation.
Who Should Annex?
After It ties been determined that an area is suitable for annexation, a second question often
arises In many parts of the country where several municipalities arc in close prwdmlty to each
other. That is, which of two or three potential annexing bodies should annex h? Annexation of
an unincorporated area by one rntmhcipality or another an have many important physical,
social, and financial consequences for the area annexed as well as for the annexing municipality.
Four overall general pals that good annexations satisfy are.
Qmmunity Identity. Annexations should encourage feelings of community cohesive -rasa.
Businesses and residents should have a sense of belonging to the municipality within whose
corporate limits they live and/or work,
no . Annexations should promote economy by minimizing the costs of providing services
to new areas and by providing opportunities to expand the local tax base.
Convenience. Existing and future residents and /or businesses within annexation areas should
find it convenient to use the publle and private services and facilities provided by the annexing
municipality.
• Simplicity . Annexation boundaries should be regular and logical to facilitate administration of
services and further a sense of community identity_
EH
PART III: DEFINITIONS
Annexation — The legal process by which a city extends Its boundaries. A city may annex property only
within its extraterritorial jurisdiction, unless the city owns the area. The city eMorces all ordinances,
provides services as provided by law, and assesses property tows and sales taxes.
Annexation Plan -- A document required by Texas Local Government Code, Section 43.052, identifying
certain kinds of areas that a city intends to annex.
The plan must identify any areas with IM or more separate lots or tracts of land containing
residential dwellings that the city intends to annex, unless more than 5o percent of the property
owners request annexation.
• The plan may also Idea* other areas.
Areas that are identified in the plan may only be annexed three years after the plan is adopted.
Annexation Policy —A set of guidelines to assist In making annexation and disennexation decisions.
Annexation Program — A regularly updated document identifying areas that the city wishes to consider
far initiation of annexation durng the succeeding fi"ar period. The annexation program expresses
the city's intent to consider specific areas far annexation, but Is not Legally binding. Inclusion of an area
in the program does not obligate the city to annex that area, nor does exclusion of an area from the
program prevent the city from annexing the area.
Disennexation —The legal process by which a city removes an area from its boundaries.
Enclave — An area within the city's extraterritorial jurisdiction that Is surrounded, or very nearly
surrounded, by the corporate limits of the City of Paris and/or the corporate limits or extra - territorial
jurisdiction of other munkipailties.
Extraordinary Economic Development Project — A commercial or Industrial project that Is eligible for
property tax abatement under the cos tax abatement policy.
Extraterritorial Jurisdiction (ETJ) — Unincorporated area extending generally two miles from the city limit,
excluding other Incorporated municipalities and their Ms, In which the city has the authority to annex
property.
Full Municipal services — Services provided by an annexing municipality within its full- purpose
boundaries, including water and wastewater services and excluding gas or electrical service. The pry of
Paris provides the following services, including but not limited to: fire and polka protection; emergency
medical services; access to water and wastewater services unless such services are provided by another
utility, solid waste collection; operation and maintenance of parks, pubik* -owned fadlities, and streets,
library services; drainage and storm sewer maintenance; enforcement of environmental health, zoning
and subdivision ordbhances; enforcement of building and construction codes; and inspection services.
Growth Center — An area that contains, or has the capacity to contain, compact, higher Intensity urban
land uses, as designated by the city council in the city's comprehensive plan. There are two types of
growth centers:
13
Minced -Use Growth Centers — A highly urbanised area that has many dhenmteristks of a
downtown: a concentration of jobs, housing units, schools, parks, and other public facilities,
public transportation hubs, pedestrian activity and a sense of place. This mix of uses supports
sustainable development, which seeks to balance access, mobility, affordability, community
cohesion, and environmental quality.
Industrial Growth Center — An area consisting primarily of industrial and /or commercial uses,
with a high concentration of jobs, mostly industrial in nature. Other related and supporting uses
include office space and services. Urdike mixed -use growth centers; residential uses arse
generally discouraged within industrial growth centers.
infrastructure — Facilities necessary to provide city services, usually referring to physkai assets such as
streets and utility lines.
lnrtg -Term Development — Planned construction of residential, commercial, and /or industrial uses that
is anticipated to oowr beyond a three -year timetrame.
Planning Study — A document prepared by a municipality. pursuant to Section 43.123 of the Texas Local
Government Code, prior to annexing an area for limited purposes, which Identifies EXHIBIT A projected
development; the need for annexation; the Impact of annexation on surrounding residents, landowners,
and businesses; and the proposed zoning of the area.
Protest Petition — A statement expressing opposition to a proposed city- Inklated annexation and
containing the signatures of property owners representing 50 percent or more of the parcels within the
territory to be annexed and 50 percent or more of the land area within that territory.
Service Plan — A document adopted by the city council, pursuant to Sections 43.056 and 43.065 of the
Texas local Government Code, describing the schedule for a municipality to provide tun municipal
services to an area annexed for full purposes. On the effective date of annexation, a municipaliity must
Provide: police and fire protection; emergency medical services; solid waste collection; operation and
maintenance of water and wastewater facilities in the area that are not within the service area of
another water or wastewater WNW; and operation and maintenance of roads and streets (Including
lighting), parks, playgrounds, swimming pools and other publicly -owned facilities, buildings or services if
those services are provided by the municipality within its corporate boundaries. A municipality must
provide full municipal services, which means all services provided within the city including water and
wastewater services, within 235 years after annexation but may extend the deadline to 431 years after
annexation for services that cannot reasonably, be provided within 2% years.
Urban Development — Development requiring water, wastewater, and other municipal seevkes to
promote public health, safety and welfare. It may include residential development with a density equal
to or greater than one dwelling unit per acre, as well as commercial and Industrial development.
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PART IV: CRITERIA & PROCEDURES
A. Annexation
The city will consider fu"urpose annexation of any area within its extraterritorial jurisdiction 9 and
only if the area meets one or more of the following seven criteria:
I. Erb: The area meets both of the follow ft conditions:
a. The area is an enclave and the city and its citlzens would benefit from a logical city limit boundary that
provides for the orderly and efficient provision of services; and
b. The city is able to provide municipal services within 4% years of annexation M accordance with state
law, without negatively impacting service provision within the city.
2. Urban Develoomerm The area meets all three of the following conditions:
a. The city is aware of or anticipates development activity of an urban nature In the area; and
b. The city is able to provide municipal services within 4% years of annexation In accordance with state
lbw, without negatively impacting service provision within the dty; and
c. The city has determined through an appropriate analysis of prospective revenues and expenditures
that cumulative revenues will exceed cumulative expenditures for each affected budget-fund over the
20 -year period Immediately following annexation, or over a longer period as appropriate for long-term
development.
3. Center. The area meets all three of the following conditions:
a. The area encompasses a designated growth center and thus requires urban services to develop as
planned; and
b. The city is able to provide municipal services within 4% years of annexation in accordance with state
law, without negatively impacting service provision within the city.
c. The city has determined through an appropriate analysis of prospective revenues and expenditures
that cumulative revenues will exceed cumulative expenditures for each affected budget fund over the
io -year period immediately following annexation, or over a fonder period as appropriate for long -tern
development.
4. The area meets both of the following conditions:
a. Without annexation, potential development activity is likely to have an adverse fiscal or
environmental impact on the city due to unregulated land uses and the city's inability to enforce
development standards, building codes, and /or environmental regulations; and
is
b. The City is able to provide municipal services within 435 years of annexation in accordance with state
law, without negatively impacting service provision within the city.
5. option to Fxaand: The area meets bath of the following conditions:
a. Without annexation, Interested parties may k=rporate one or more separate municipalities or take
other legal actions that might be detrimental to the city's orderly growth.
b, The City is able to provide municipal services within 434 years of annexation in accordance with state
law, without negatively impacting service provision within the city.
6, pooufated Ares: The arcs contains 100 or more separate lots or trams of land containing residential
dwellings and thus must be Included in the municipal annexation plan three years prior to full- purpose
annexation per state law.
T. !o nt: The area is proposed for long -term development. The city will determine
the feasibility of entering into an agreement with the property owner(s) for annexation. The agreement
may provide for the property to be annexed for full purposes in phases.
in accordance with Sections 43.056 and 41M of the Texas Local Government Code, the Park
Community Development Department shall prepare a service plan that provides for the extension of full
municipal services to each area to be annexed for full purposes. The department shall prepare the
service plan after the city council establishes the annexation timetable and shall make the plan available
to the public for review and comment In advance of required public hearings, The city shall adopt the
service plan by ordinance at the time the city annexes the area.
B. General Provisions
The following provisions apply to all proposed annexations:
1. As a prerequisite for any proposed annexation, the City Manager shag certify that the proposed
annexation would have no adverse effect upon the provision of municipal services within the city.
2. The City will annex any rights- of-way that are adjacent to and provide access to annexed property.
C. Disannexation
Factors to be considered regarding disannexation are whether the Issues Identified in the previous
sections have been effectively addressed or Implemented. Therefore, If property that is already
annexed has created problems for Paris because the original reason(s) and or situation(s) that generated
the annexation in the first place do not satisfy positive criteria for annexatkw% then said properties
should be considered for disannexation. Again, as with annexation, various weights should be given to
the factors involved when evaluating any specific area for dfsannexation.
The City will consider disannexation of any area within Its corporate limits if so requested by a ma)o"
of the property owners(s) Rd if the aces falls to meet at least one of the above seven criteria, Mg if:
The proposed dkannexation is part of an identifiable, logical whole (versus individual parcels) which
neither creates 'holes" Inside the existing corporate city limits, nor fortes any other area of the city
outside the revised city limit boundary gne ('Wands" outside the revised lines).
16