15 - DISANNEXATION ORDINANCE FOR 6055 CLARKSVILLE STREETItem No. 15
memorandum
TO: City Council
John Godwin, City Manager
FROM: Stephanie H. Harris, City Attorney
SUBJECT: Disannexation Ordinance for property located at 6055 Clarksville St.
DATE: July 5, 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 disannexations." No other
property owners in the area have applied for disannexation.
STATUS OF ISSUE: On June 12, 2017, Council directed staff to move forward with the
disannexation of this property. 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. Council conducted public hearings on July 10th and August 14`h. Council can now
act on an ordinance disannexing the property.
BUDGET: Minimal loss of property tax revenue related to this single parcel.
RECOMMENDATION: Adopt ordinance disannexing the property located at 6055 Clarksville
St.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS
DISANNEXING A 6.941 ACRE TRACT OF LAND BEING PART OF THE JOHN
W. WILLIAMS SURVEY, KNOWN AS 6055 CLARKSVILL STREET, OF THE
CITY OF PARIS, LAMAR COUNTY, TEXAS, MORE PARTICULARLY
DESCRIBED IN "EXHIBIT A" ATTACHED HERETO, IN RESPONSE TO
LANDOWNERS' REQUEST FOR DISANNEXATION; ADJUSTING CITY
BOUNDARIES TO REFLECT NEW CITY LIMITS; MAKING OTHER FINDINGS
AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER
CLAUSE, A SEVERABILITY CLAUSE AND A SAVINGS CLAUSE; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, on May 10, 2017, property owners Jason Boehlar and wife, Whitney
Boehlar filed an application for disannexation with the City of Paris, Texas requesting that
their property be disannexed from the Paris City Limits due to a lack of city water and
sewer services; and
WHEREAS, the request includes a 6.941 acre tract of land being part of the John W.
Williams Survey, Abstract No. 1001, known as 6055 Clarksville Street, of the city of Paris,
Lamar County, Texas, more particularly described in "Exhibit A" attached hereto and
incorporated by reference as if fully set forth herein; and
WHEREAS, City of Paris engineering staff and third -party engineering consultants
have studied the area to determine if it is feasible or practical to run new sanitary sewer
lines and install sewer lift stations to serve this area; and
WHEREAS, the engineers determined that it is not currently feasible or practical to
install new sanitary sewer lines and lift stations in this area which is still mostly
undeveloped with low population; and
WHEREAS, on June 12, 2017 the majority of the City Council voted to move forward
with disannexation and called for public hearings on July 10, 2017 and July 24, 2017 in
accordance with state law; and
WHEREAS, notice of the public hearings was published in The Paris News on June
23, 2017 and on the City website, in accordance with state law; and
WHEREAS, the City Council conducted said public hearings on July 10, 2017 and
July 24, 2017; and
WHEREAS, the City Council, having reviewed the disannexation requests, maps and
exhibits for the proposed disannexation and having received public comment, hereby finds
and determines that the proposed disannexation of the Property is in the best interests of
the City of Paris, Texas and its citizens.
1
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby
in all things approved.
Section 2. That by adoption of this ordinance, the City Council does hereby
disannex that Property currently within the boundaries of the city limits of the City of Paris,
Texas, said property consisting of a 6.941 acre tract of land being part of the John W.
Williams Survey, Abstract No. 1001, known as 6055 Clarksville Street, in the City of Paris,
Lamar County, Texas, and forming a portion of the current boundary of the City of Paris,
Texas, more particularly described in "Exhibit A" attached hereto and incorporated by
reference as if fully set forth herein.
Section 3. That the Property described in Exhibit A shall be, and is hereby upon
the effective date of this ordinance, in all things disannexed from the city limits of the City
of Paris, Texas.
Section 4. That from and after the date of final adoption of this ordinance, the
boundaries of the City of Paris, Texas as the same appear in any and all official documents,
maps, or other renderings, shall be and are hereby adjusted to reflect new boundaries of
the City of Paris as amended by this disannexation.
Section 5. That in accordance with Section 43.148 of the Texas Local Government
Code, the City Council finds and determines that the value of services provided by the City
for the direct benefit of the Property during the period of time said area was located within
the city limits of the City of Paris, equals or exceeds the amount of property taxes and fees
collected from the landowners whose property is located within the area disannexed
herein.
Section 6. That all provisions of the ordinances of the City of Paris, Texas in
conflict with the provisions of this ordinance are hereby repealed, and all other provisions
of the ordinances of the City of Paris, Texas not in conflict with the provisions of this
ordinance shall remain in full force and effect.
Section 7. That the repeal of any ordinance or part of ordinances affected by the
enactment of this ordinance shall not be construed as abandoning any action now pending
under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering
any penalty accruing or to accrue, or as affecting any rights of the municipality under any
section or provisions of any ordinance at the time of passage of this ordinance.
Section 8. That it is the intention of the City Council of the City of Paris, Texas,
that this ordinance and every provision hereof, shall be considered severable, and the
invalidity or partial invalidity of any section, clause, or provisions of this ordinance shall
not affect the validity of any other portion of this ordinance.
Section 9. This ordinance shall be effective immediately upon passage.
PASSED AND ADOPTED on this 14th day of August, 2017.
Steven J. Clifford, M.D., Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney
EXHIBIT A
All that certain tract or parcel of land situated about 4.75 miles South 680 East from the City of
Paris, in Lamar County, Texas; part of the John W. Williams Survey, Abstract No. 1001, and
being all of the called 280'x 1000' tract of land, as described in a Deed to Jason Boehler and
wife, Whitney Boehler, and recorded as instrument number 141107 -2017 of the Deed Records
of Lamar County, and being more particularly described as follows, to wit:
Beginning at a 1/2" iron pin (set) for a corner in a Northeast Line of US Highway 271, same
being the Southeast corner of said Chambliss tract, and same also being the Southwest corner
of a called 9.326 acre (Tract One) tract of land descried in a Deed to Patrick C. & Sylena M.
Devoss, and recorded in Volume 535, Page 327, of the Real Property Records of Lamar
County;
Thence N 62° 52' 08" W with a Northeast Line of said Highway 271 and with the Southwest
Line of said Chambliss tract, a distance of 315.238', to a '/z" iron pin (found) for a corner, same
being the Southwest corner of said Chambliss tract, and same also being a Southeast corner of
a called 85.505 acre tract of land as described in a Deed to Patrick Cole Devoss, and recorded
in Volume 1564, Page 117, of the Official Public Records of Lamar County;
Thence N 00° 04' 01 "E with the West Line of said Chambliss tract and with an East Line of said
85.505 acre tract, a distance of 1023.258', to a '/2" iron pin (found) for a corner, same being the
Northwest corner of said Chambliss tract, same being in a Northeast corner of said 85.505 acre
tract , same being the Southeast corner of a called 10.441 acre tract of land as described in a
Deed to Patrick Cole Devoss, and recorded in Volume 1564, Page 117, of the Official Public
Records of Lamar County, and same also being the Southwest corner of a called 11.965 acre
(Tract Two) tract of land, as described in a Deed to Patrick C. & Sylena M. Devoss, and
recorded in Volume 535, Page 327, of the Real Property Records of Lamar County;
Thence S 84° 42'33" E with the North Line said Chambliss tract and with the South Line of said
11.965 acre tract, a distance of 279.356', to a '/2' iron pin (found) for a corner in the South Line
of said 11.965 acre tract, same being the Northeast corner of said Chambliss tract and same
also being the Northwest corner of said 9.326 acre tract;
Thence S 00° 03' 35" E with the East Line of said Chambliss tract, and with the West Line of
said 9.326 acre tract, a distance of 1141.256', to the Place of Beginning and containing 6.941
acres of land.
The bearings recited herein are based upon the East Line of said 85.505 acre tract,
being N 000 04' 01" E. This description was prepared from an actual survey made on the
ground with field notes completed January 16, 2017