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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 1,600 800 0 1,600 Feet 1 inch = 800 feet 1 . , x , F � * %� _� ... sue. Nn �pI �e .x �� �,. 3 1' t` a - �'`"F m� s* e�, ks ads" . � � �, y. .. . e y e w .. A a ✓! 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 let DIN K9 .. WES ti, P � .v .I E:" a . DARLFJ& SCOGGINS KATRINA M[CNEA]L A4ARK MfNEAL SHERYL SIMON ROBERT SMON CHARRELL Wa CHAPP] ASA CHAMBLESS N11-4 1. t ` �. m i 4 ! f 1 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, � 17 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. 10 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). 11 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. 14 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