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2017-031 - Disannexing a 6.91 acre tract of land ... known as 6055 Clarksville Street ... petition of Jason and Whitney BoehlarORDINANCE NO. 2017 -031 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 CLARKSVILLE 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. 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 S. 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. 2 Section 9. This ordinance shall be effective immediately upon passage. PASSED AND ADOPTED on this 141h day of August, 2017. ATTEST:' e- Ellis, City Clerk D AS TO FORM: Harris, City Attorney EXHIBIT A All that certain tract or parcel of land situated about 4.75 miles South 68° 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 620 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 '/2" 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 000 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 '/s" 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 000 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