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18 - Disannexation Request-Casey & Ashley Johnson-2355 Wildwood LnItem No. 18 TO: City Council John Godwin, City Manager 1 -,'ROM: Stephanie I-1. Harris, City Attorney SUBJECT: Disannexation Request DATE: November 6, 2017 BACKGROUND: The City has received an application from Casey Johnson and Ashley Johnson requesting that the City Council consider disannexing their property located at 2355 Wildwood Lane for -lack of City services." This is an application by the owners of a single parcel, and 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 2355 Wildwood Lane for the stated reason that the City has not provided City services to the property. In fact, the property receives all City services save sewer. 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. Because this application is from the owners of single parcel, the application does not appear to meet the City's criteria 1or considering disannexation (see Policies and Procedures attached hereto at page 16,). Moreover. disannexation of this property would force the annexed property to the east Outside the revised city limit boundary line, e.g., it would create an island of the property to the cast. 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 Larnar 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: The requested disannexation would deprive the City of the property tax revenue for that single property. RECOMMENDATION: Provide direction to staff. NAME OF APPLICANT(S): MAILING ADDRESS: TELEPHONE NUMBER: "Jo VOTING DISTRICT NUMBER: q.. 'j (this information may be obtained through the City Clerk of the City of Paris) VOTER REGISTRATION NUMBER: (84513 2-3 ADDRESS OF PROPERTY: W�Adu,,,,J 5 Ad NUMBER OF PEOPLE RESIDING AT" THIS ADDRESS: t"t C-) I/We, the undersigned owner(s) of the above-described property, do hereby petition the City of Paris to disannex my/out, property for the following reasons: Le Scrvwvs 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. Include a copy of the City Ordinance showing when this, property was first annexed into the City of Paris corporate city limits. I/We understand that the City of Paris has no obligation to disannex property except as may be required by law. This application must be completed, in its entirety, with all required attachments. City staff will review the application for completeness and conformance with City policies before taking it to City Council for discussion. You will be notified when staff schedules your disannexation petition for consideration and discussion by the City Council. You should plan to attend this meeting of the Paris City Council. ...... . ...... Applica s tore Date Applicant(s) Signiat e Date WILD WOOD LA AT N 90000'00" E 1611.710' 1/71 iron pin (f) 40 4 20'ub . easrqt 70'Udg. hne R=50.000' L=52.504' 4.asohaftdriveway LC --50 125' LCB=S '58'43' E Onc C04 C' swab sMb !One Story SFR mei data uj Lot 6' C? Lot 7 5.326 acres Z base line for called 5,326 acre, Lot 7 bea6ngs Cas'ey F. Johnson, et ux. Document 126208-2015 OP RL,C A 7 14 fe)L I Point of Begmni non pin (D 112" rron pin (s) Sewer C 0. water meter telepiion"e­ transformer Abstract No, Original Grantee 7 Wesley AsOis 1013 DaniM Welch conIc. m9n-urnernt I of 2 meandef "0,%5 0A 0-erl 1'2 N WE E 10, UtIL easmi 7 "t' L ea L sm' A 7 N 88Q27'13" W 165MV 7771 1 25,, 2017 All that certain tract or parcel of land situated about 3.7 miles North 70.5" East from tire City of Paris, in Lamar County., Texas; pm of the Wesley Askins Survey, Abstract No, 7', arid being all of Lot 7 of tile Witdwood Estates Addition of the City of Paris, as shown oil the recorded Plat of said Addition in Envelope 321-A of the Plat records of said County, and also being all of the called 5.326 acre: tract ofland described in a Deed to Casey F. Johnson, et ux., and recorded in Document 126208-2015, of the Official Public Records 'of Lamar Countv, and being more particularly described as follows, to WIV Begihniat a iron pit) ffound) for a corricir in a Sotah Line of Wildwood Lane. same being the Northwest comer of" staid Lot 7, and same also being the Northtaist corner oft,ot 6 of said Addition; Thence N 90" 00' 00" E along the North Line of said I.A)t 7 and alon Y the Sout L' g e 11 me of said Wildwood Lane, a distance of 161,710% to as V2" iron pin (set) at the beginning ofa counterclockAAisc curve-, Thence in a Southeasterly direction around said cou rite rclockwi se curve having art are distance of. 52.504', as radians of 50,000', and a chord of S 59' 58' 43' E, 50,125%o a 1/2" iron pin (set) for a corner, same being the most Easterly Northeast corner of said Lot 7, aurid same also being the most Westerly Northwest corner- of Lot S of said Addition; Thence S 25" 53" 41 " E along a Northeast Line of said Lot 7 and along a Southwest Linc of said Lot 8. a distance of'702.294', to a 2iron pin (found) for a corner in a North Line ofthe Daniel Welch S urvey. Abstract No. 1411! 3 , in Lamar County, Texas, same being in a South Line of said /skins SurveN,, sante being the Southeast corner of said Lot 7, and same also being the Southwest corner ofsaid Lot 8. Thence N 88' 27" 13"W along "'Ir South Line of said Lot 7 and along the Askins -- Welch SurveN Division Linc, a distance of 165,931 W to a 1/2' iron pin (found) in an angle point Thence S 8' 15' 18"' W along a South Line of said Lot 7 and along the said Survey Division Line, as distwice of _353.016% to a 1/2"irri-on pin (found) for as corner, same being the Soirtjj%vest corner of said Lot 7, and same also being the Southeast wnrcr of said Lot 6; Thence N 00' 36' 51 " E along the West Lirtc of said Lot 7 and along ffic East Line of said Lot 6, a distance of 657.0 10', to the Place of Beginning, and containing 5.326 acres of land The bearings recited he r-ein are based upon the Plat call Of tile West Line of said Lot 7, being N 00 36' 51 E. This description was prepared frog an actual survey made on the ground and under my supervision, with field notes completed April 25, 2017 April 25, 2017 Wendell J, MSnore Registered Professional I -and Surveyor No. 5723 Hansen 4130SIlannonDrivc, Rlris, Teus, 75462 (903) 784-4245 Ph A I [�'E R )ING Rrl."TIJRN TO: . .--- -WE-C—OR P, --- (,'asey, and Ashley Johi sorr - Ma 7j NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS ANY INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER, GENERAL WARRANTY DEED (Vendor's Lien) 1-9-8649 S I'ATE 0F..1 EX A S § § KNOW ALL MEN BYTHESE JIRI.a'SENTS: COUNTY OF l,,,VvlAR § 'That We, ERIC SlIAWN 110USE11OLDER and wife, MELISSA LYNN HOUSEHOLDER, ("Grantor" whether one or more) for and in consideration of the sum of '11-,,N AND NO/] 00 DOLLARS ($110.00) and other good and valuable consideration, and the further consideration ol'tlie execution and delivery by the Gnultee, of' onecertain promissory note of even date herewith, being in the principal, suin of $46,000.00, payable to the order of GUARANTY 13ANK & TRUST, N.A. ("Lender"), as therein specified, providing Ibr acceleration of maturity, amd for attorney's lb s, the payment of which note is secured by the vendor's lien herein retained, and is additionally secured by a first lien deed of trust of even date herewith to Kirk L. Lee, Trustee, the receipt of which is hereby acknowledged, have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SE'LL AND CONVEY unto CASEY KJOHNSON and wife, ASHLEY N.JOHNSON, whose address is ("Grantee" whether one or more) all of the following described real property in Larnar County, Texas, to -wit: All that certain lot, tract or parcel of land situated in the WESLEY ASNINS SURVEY, being, Lot Seven (7) of WILDWOOD ESTATES according to the plat of said Addition of record in Envelope 321-A, Lamar County Plat Records; saine being a tract of 5.326 acres of land, more particularly described on Exhibit "All attached hereto and made a part hereof. TO I IAVE ANDTO 1-10LD the above-described prernises, together with all and singular the rights and appurtenances thereto in anywise belonging, unto the said Cjrantte, (jr<mtec',s heirs, administrators, successors and assigns forever; and Grantor binds Granter, Grantor's heirs, 126208-2015 Paqes; 4 wo 07/31/2015 03;46 10 FM Bystarlaq Lamar County, TX nwss Towers - Cownty Clerk 1111111141lt 1P1 11111111'111' 1111111 1111 11111 ET 1111111111 1111P 1111 lit 126208-2015 07/31/2015 03:46:10 PM Page 2 of 4 executors and administrators to WARRANTAND FO ,R VE"R, 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 ciaiming or to claim the same or any part 6eFcoE But it is expressly agreed that the Vendor's Lien, as well as Superior Title in and to the above described property and premises, is retained against the above described properly, premises and improvements until the above described Note and all interest thereon -are fully paid according to the face, tenor, 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 Grantor 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 hcrein for the benefit of said Lender. and the same are hereby TRANSFFR R ED AND ASSIGNP.1.) to said Lender, its successors and assigns. This conveyance is made and accepted subJect to any and all easements, restrictions and reservations of record affecting the title to the above-described proper-ty and filed in the office of the County Clerk of [,arnar County, Texas, including, but not limited to the following: 1. All casements, rights of war arid building/set-back lines as appear on the plat of the Wildwood ],,states, of record in .Envelope 321 -A, Larnar County Plat Records, 2, 2W utility easement, ff Litility easements, 70' building line and all other matters as shown on the plat, of a survey arcade by Wendell Moore, RPLS No. 5723, dated July 8, 2015, 3. Right of way easement Jrorri D.A. Elnsey, Jr, to Lamar County Water Corporation dated June 6, 1977, of record in Book 5,92, Page 419, hamar County Deed Rccords, 4. Easement to I -one Star Gas Company dated January 27, 1959, recorded in Book 359, Page 398, Lamar County Deed Records. 5. Easement to Texas Power & Light Company dated March 8, 1966, recorded in Book 442, Page 274, Lamar County Deed Records. 6. t"asernents, rights-of-way, building/set-back lines and other matters as shown on the plat of'Wildwood Estates recorded in Envelope 321-A, Larriar County Plat Records. 7. Fasenient and Right of Way from Boyce I". R.eed to 'I'cxas Power and Light Company dated November 24, 1954, recorded in Book 341, Page 224, Lamar County Deed Records. 1.1'asement and Right of Way from Boyce F. Reed to Texas Power and Ught Company dated February 15, 1955, recorded in Book 341, Page 470, LaMar County Deed Records. 9, F'asement from D.A. Ensey, Jr. to Texas Power and Light Company dated June 30, 1970, recorded in Book 522, Page I �00, Lamar Counly Deed Records. 10. Restrictive covenants as appear of'record in Book 559, Page 288, Lamar County Real Property Records. 126208-2015 07/31/2015 08:48:10 PM Page 3 of 4 FXECl.JT'F'lD this -3-0day Of JUly, 2015. Ell (SHAWN HOUSEHOLDER o MELISSA LYN -10USEHOLDER TI Ike:oF'rj.'XAS COUNTY OFLAMAR This instrument was acknowledged before me on this day o$' July, 2015, by ERIC SHAWN HOUSFROLDERand wife, MELISSA LYNN HOUSEHOLDER. v QPmli� State offelas NoLary Pu)lic, "I,, � I, 3P"111 126203-2015 07/31/2015 03:46:10 PM Page 4 of 4 All that, certain tract or parcel of land situated. about 3.7 moles Norton 70 5` last from the aty of Pans, in Laaiiwns Countyr, 'Pews; pastof the Wesley Askais Survey, Abstract No. 7, and being all', of Lot 7 oftate Wildawood Estates Addition ofth,e City cif`Paris, as shown Lui the recorded Plat of said Addition in E:nveOopt 321-A of the Plat records of said County, and also being all at' Che called 5.304 acre tract of land described in a Peed to Eric Householder, et ue., and recorded in Document 119001-2,014, of tiro Official Public Records of Lamar County, and beim,> mese patticulariy descrit)cd as follows, to wit..`, Beginning at a. Y," iron Irian, (;fcnrnd) for a darner in a South Line of Wildwocd Laussey same heang the Northwetri coiner of said Lot 7, wid same also being the Northeast corner of Lot 6 of said Addition„ Thence N 90' 00' 00" E along the North Une ofsaisl Lot 7 and along the South Unz ofsaud Wildwcod Lane, a distwicee of 161.710% to a ''/?' iti'rrr pin (set) at alio beginning of a couuntoralockwise; cn3rve; Thence hu a Southeasterly direction around said rounterelockwise curare having en arc distance, of 52.544', a radius 450.000', and a chord of s' 59" 58' 4.31 E, 50,125', to a 1/2" iron Pin (say) for a corner, same being the most b rstesdy Northeast corner ofsaid LrR 7, and same also being the must Westerly NortI cst corner of Lot S ofsaid Addition-, Thence S 2.5" 53' 41 " E along a Northeast .line of Raid Lot 7 and along a Southwest Line ofssid Lot 9, a distance of 702.294", to a ; iron pin (found) for a =nor in a Nortli Lane ofthe Daniel °v &h Survey, Absuucc No. 1413, in Garnets County, T'ex s, same being i a a Soutli Lime of said Ask ns 'Survey, same Wing the Southeast comer of said Lot 7, and same also being the Southwest comer of said Lot k; Thence N SS" 27' 13' W' along a lSatA .Liar of said Lot 7 and along the A,slcins -- Valelch. Survey" Division hese, a distance of 163.933 `, to a 1/2"' iron pia (found) in an angle. point,; Tbence, S 83" 15' 18" G'' along a South Live of said Lot "7 And along the said Survey Division Lime, a distance of 353.01.6`, to a "/" iron pin (Imud) for a ourne , saint being the Soutiirvem writer of said Lot 7, and siure also being the Southeast corner ofsaid Lot fa; `ihcaiee Ta' 06" 36' 51 "° E? along the West Line of said List 7 and along the East Line of stud Lot 6, a distance oi'4557.M', to the Place rrfBeginlring; and oca a aimb?g 5.336 acres ©ff)aud. 'Ilia bearings recited herein ambased upon the Plat, call of the West Line of :said Lot 7, being N 00' 36" 51" t: This description was preparwl from an aoniai survey niade on the ground and cinder my super-ision, with field notes oampleted July 8, 2015. r N ,s OF Rily 8, 2D 15r S a'to, E J WaoraR Wendo1.17. iAfo re d� D Registered Pro so Land Surveyor Toa. 5T23 2 oft Fi Barran — M.... So gfie_ 3,235 0A Crete: Vrive„ 4'1,74 Toru,; 75462 (9e3) 784.4245 M & Fac i 2355 Wildwood Lanie, Parlis, TX - Diisannexation request November 1, 20117 1.4,514 Pads-2—Mile—ETJ—July_2016 wMaln - Status 0 0,0425 0.085 0.1 mi Municipal Boundary Data for Pads, Texas Unaltered 0 0,075 0.15 0.3 km LCAD 2017 Parcels 0 Addressing In Progress - JAN 2017 wwWwrinantc Esri, HERE, DeLorme, MapmyIndia, 9 OpenStreetMap contributors, and the GIs user community 56 PART 1: CONTEXT & AUTHORITY Section 1. Introduction Section 2. The Context of the Texas Local Government Code (TLGC) Section 3. Annexation Authority and Procedures Section 4. Provisions Regarding Disannexation Section S. Annexation under Senate Bill 89 Section 6. Municipal Regulation of the Extraterritorial Jurisdiction (ETJ) Section 7. Annexation Policy Considerations Section 8. Disannexation Policy Considerations PART II: PURPOSE& INTENT R Section 1. In reduction 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 disannexation of properties, there are fundamental considerations that should be applied prior to those decisions. This report attempts to address these considerations. Section 2. The Context of tfne 'texas Local Government de • . either on the inclusion or exclusion of an area in a city's annexation plan: (A) Annexation of an area that is exempt from the annexation plan requirement; and Dec.(B) Annexation after i if an area is not exempt,. plan . 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." .. The Annexation Plain: SB 89 required that every city in Texas adopt an annexation plan that became effective no later than December 1, 1999. The plan must identifV 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, if an ar, separate"contains fewer than 100 located on each tract," the area is not required to be placed in an annexation plan. Also, if t 11 -M to be in a gla Furtner, a city can amena7me•I. ! i .' M.. f - - until three saidarea is includedin the plan.are alsotime limitationsregarding '' propertyannexing ♦ °ifrom the.I,and/orplaced back into the plan. There annexationare further notice requirements before the 90th day after the city adopts or amends the Section 3: Annexation Authority and Procedures 1. Annexation Powers: (A) Provisions Pei ardiine Annexation of a Horne -T ule City. Paris is a home rule city, and a home rule municipality can take the following actions if provided by the city's charter: (1) Fix the boundaries of the municipality; (II) Extend the boundaries of the municipality and annex area adjacent to it; and (111) Exchange area with other municipalities. . Annexation Procedures: (A) A municipality may annex area only in its extraterritorial jurisdiction (ETJ) unless the municipality owns the area (TLGC, Sec.43.051). (i3) There are annexation hearing requirements. annexation'Q The be completed within 90 days after the date road,body institutes the annexation proceedings or those proceedings are void. the course of a narrowest point is at least 1,000 feet.e several situations where this requirement does not apply.Sec.43.054). municipality(E) in any calendar year, a - ► , the incorporated area of that municipality as of January 1 of that year, plus any amount of area carried over to that year (under subSection (b) of Sec. 43.055, TLGC). An annexed area is not . at the requestof the property ownedarea, or if the area is municipality, a county, - federal government and ► for a public purpose. over an allocation. incorporatedthe 9 f' —f f • • is •... • f ' — No W. (II) Said full municipal services must be provided in the annexed area no later than 2% years after the effective date of the annexation. (There is opportunity for extension of certain services, but no later than 432 years after the date of the annexation.) (III) 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 facilities 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 if said construction is occurring as quickly as possible. There are also other criteria regarding •• r r f • r r area to be annexed, etc. The proposed plan must be 1e available for plan.Sec. 43.0561. 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 Section 4. provisions IRe ardiin isann x ion i isannexation - it Failuir"e to provide sed"vides iSec. 43. 1.41 : municipalityo disannex the area if the municipalityor o• provide or to cause services to be provided •the area within theperiod •' II bySectionr or by El (B) If the governing body fails or refuses to disannex the area within 60 days after the date 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 disannexed. 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 delay in accordance with the Texas Rules of Civil Procedure. The district court shall 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. Disannexation According to I unici all Charter in IHome-Rulle I lunici ali Sec. 43.142 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 inconsistent with the procedural rules prescribed by this chapter. ------------------- (A) A municipality disannexing a road or highway shall also disannex 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. 43.054 unless such disannexation is undertaken with the mutual agreement of the county government and the municipality. The strip of area to be disannexed must be adjacent to either side of the road or highway, and follow the course of the road or highway. All annexation ordinances and information relating to the annexation must be submitted for approval of the U.S. Department of Justice. Also, the Texas Secretary of State must be notified of any annexation/disannexation. Certain other agencies are also required to be notified if a city changes its boundaries. Section 5. Annexation Under relate Bill R 1. Adopt e Determine2. - 3. D.should be Included Provide4. Comply with the notice requirements. - to school districts. 6. Prepare an inventory of Prepare7. 8. Address hearing requirements. 5 61 3. Submit annexations to the U.S. Justice Department for preclearance not later than the 90th day before the effective date of the annexation or the earliest date permitted under federal law (Sec.43.906 Section 6. Il uniciDal Regulation of the E..x..tr..a.territorial,JuirFisdictioin [ETJ The policy purpose regarding the ETJ is stated in Sec. 42.001 of the TLGC. Chapters 42 and 43 of t TLGC address the Municipal Annexation Act. The City of Paris' population has, under Sec. 42.021 nd 43 of ' r ie J421 ton._ number of inhabitants" between 25,OOD-49,999, "and therefore the extent of (its) extraterritori jurisdiction" is two (2) miles. Sec. 42.023 states: "The extraterritorial jurisdiction of a municipality may not be reduced unless t of judicial apportionment of overlapping extraterritorial jurisdiction under Sect. 42.901." i,ection 42.022 discusses the expansion of the ETJ. The code also addresses the very rare issue iverlapping ET.Is. 1.munliKc,!RDagiLIRletgg&uulmatimons Within the ETJ Texas cities do not have the statutory ability to zone property within their ETJ; however, Sec. 212.003 states that a city's subdivision regulations are applicable within its ET1 if that municipality has extended its subdivision regulations into the ETJ by ordinance. (Note: Paris' Subdivision Regulations states that said 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 ETJ if there is an interlocal agreement providing for such regulation and approval (Sec. 242.001(e)). If a property lies within the M of more than one municipality, the municipality with the larger population has the responsibility for approval (Sec. 212.007 (a)). 2. Subdivisions 1-113 144S... and the ET1 House Bill 1445 was adopted by the 2001 Session of the Texas Legislature and provided for ar, agreement between a county and a municipality to regulate a subdivision in the ETJ of a municipality. H.B. 1445, now in Chapter 242 of the Texas Local Government Code, required thal W-uh�ilyr r2 U*x'n authorized to regulate subdivision plats and approve related permits in the ETJ (Sec. 242.001 (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. 242.001 (c). all a liol-, over pilis aff"Tf re1qe.;1r,.;.111 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 authority over plats, and (4) filing fee, one office to file plats, and one uniform and consistent set of plat regulations. 6 62 3. IHB Li — Agireements with Landowners This bill added Subchapter G, entitled "Agreement Governing Certain Land in a Municipality's Extraterritorial Jurisdiction," to Chapter 212 of the TLGC "Municipal Regulation of Subdivisions and Property Development." The bill provides that a city council 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 city's land use and environmental authority over the land; (3) authorize enforcement of land use regulations other than those that apply within the city; (4) provide for infrastructure 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, if annexation is agreed to by the parties. . Deveiooment I Ilats Sections 212.041-212.050 of the TLGC provide authority for municipalities to accept development plats in the ETJ. A development plat, however, should not be confused with a subdivision plat. The authority to regulate 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 B 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) (TLGC Sec. 212.041 and if a municipality so chooses, any person who requests development of a tract of land in the corporate limits of ETJ must prepare a development plat. "Development," for purposes of Subchapter B, 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 municipality's building code in its extraterritorial jurisdiction." (Sec. 212.049.) S. ig,n Regulations GovernmentChapter 216 of the Texas Local •. addresses oo 1. relocation,removal of a sign in the ETJ. Specifically, Section 216.003 allows municipalities to "require the reconstruction,! !.. ♦ •n," subject to the detailed •r procedure •-• in Sec. 216.0035R 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 license, 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, size, separation, setback and height provisions so long as the ordinance reflects a reasonable relationship to the public health, safety or general welfare. • R • •a • 1 • • f • 1 '11 •'. z 63 its ETJ, the municipal ordinance supersedes the regulations imposed by or adopted by the Commission. • r, Section 42.044 of the TLGC allows 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 planned unit development district shall contain no fewer than 250 acres. (See TLGC Sec, 42.046.) 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 time. Under Sec. 402.044 (8) 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. Paris has no such system at this time. 9. The !S 0 Foot `"Nuisance on " • r� M-1-11= • - . . . • within r0 feet outside the limits, without regard to its ET). ► .. 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 from the city's boundaries. A "nuisance" is anything that works injury, harm or prejudice to an individual or the public, or which causes a well-founded apprehension of danger. A nuisance obstructs, impairs or destroys the reasonable, peaceful and comfortable use of property. HB 918, effective May 17, 2005,• d Section 380.001(a) of . include municipality's 11. The "S019" Zone regulationChapter 243 of the TLGC allows city and county -. businessez municipalordinances • provide . - requirements, - d area, day business. Section 243.003 ! of the TLGC specifically, - . adopted 1 a municipality appliesonly insidethemunicipality'scorporate However, - discussion 1. thoughf case law from other states, the Texas Attorney General concluded that even , the TLGC does not give extraterritorial effect to an SOB ordinance, Section 243.006(a)(2)of nonethelessTLGC mayapply. "A city may apply a municipal ordinance to prohibit a sexually oriented business within a specified 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 city in question, so long as the sexually oriented business is within those limits. Such application does not violate the statutory requirement that the ordinance only apply in the city's corporate limits." Therefore, the distance requirements contained in local SOB ordinances may be enforced, even if the underlying SOB ordinance has no extraterritorial effect. 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 create 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 specific, 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. 'ssues that should be considered include: Physical Boundaries Proposed annexations should acknowledge, so far 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 like railroads and existing or planned expressways and freeways, can be appropriate boundaries between the annexation areas of two or more communities. Legal and Administrative 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 de 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 countywide sewer system has been proposed, drainage divides are less important as a guideline for annexation boundaries. Ability toProvide Services!Facilities Properties or an area should be annexed only to a municipality willing and able to provide fire and police protection an1 refuse collection. sanitary sewer and water service within a reasonable period of time. Provision of sewer and water service should, however, not be at the expenseof a reas a Ireadywithin the municipality.• not have these services. recog- nizableAnnexations should be encouraged and enhanced that have the effect of consolidating community's corporate area and reducing the irregularities that previous annexations may hav-- / costsmore logical shape for administering services. Also, more logical and easily definable configurations of annexed property also provide the development community with opportunities oftentimes to create developments that are 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. Cost -Revenue Analysis The deficit of income to be realized from the annexed area against the expenses to th_- municipality in serving it should be reasonable. Cost -revenue analysis, a topic in itself and beyond the scope of this report, can compare the annexation area's potential revenue base with the of !example,• rn should be given to situation!. subdivision that was notbuilt to that city's subdivision standards..therefore, municipality may have to pay for upgrading said potentially annexed subdivision. Economic Develoinirnpnt In conjunction with cost -benefit analysis, Paris can use annexation, where appropriate, as a tool to stimulate local. regional economic• • implement sound, •capital improvement programming. A sub -tool for this kind of economic development could be, for example, • /partnerships/ Comprehensive Plans and / :, Texas does not. 1 r. / areas. Therefore,• 1 should be zoned as soon as possible to be in conformance with the annexing municipalities' future / use plan within its comprehensiveplan. . does n• manner, the municipality runs the risk of having its recently annexed area developed with land uses that may be incompatible with that citys land use plans, growth -goals, and policies. Parks, Recreation, 1OI)enSpace Oftentimes, parks, recreation, and open space plans can be more fully implemented if linkages can be made to other parks elements, to increase citizen use, city design, and aesthetic features. In certain instances, therefore, it could be an important factor to annex areas outside of Paris that • •enhance trail systems, as well as use environmental• presumably outside flood 1and/orother environmentally historicalor JA.� 67 1107 11 UAAW Densi . 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 gotential annexin; bodv. MWel0jill ji should become part of some municipality. In addition, areas not yet possessing urban character that are in the path of impending urban development can also be good candidates for Rnnexation. Who Should Annex? After it has been determined that an area is suitable for annexation, a second question often arises in many parts of the country where several municipalities are in close proximity to each other. That is, which of two or three potentlaf annexing bodies should annex it? Annexation of an unincorporated area by one municipality or another can have many important physical, social. a -rd vial rms v r ti rMo P 2C Wo 1-f-6 ........... Community IdentRy. Annexations should encourage feelings of community cohesive-ness. Businesses and residents should have a sense of belonging to the municipality within whose corporate limits they live and/or work. Egonom . 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 shoull- find it convenient to use the public and private services and facilities provided by the annexinTA municiM.lity. SimplicitV. Annexation boundaries should be regular and logical to facilitate administration of services and further a sense of community identity. PART III: DEFINITIONS Annexation document required by . overnment Code, Section!identifying certain kinds of # The plan must identifyf! or •:rate lots or t containing residentialdwellings that the city intendsto annex, unless moreof property owners •annexation. plan may also identify other • Areas that are identified in the plan may only be annexed three years after the iadopted. Annexation Policy — A set of guidelines to assist in making annexation and disannexation decisions. Annexation Program — A regularly updated document identifying areas that the city wishes to consider for initiation of annexation during the succeeding rive -year period. The annexation program expresses the city's intent to consider specific areas for 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. Disannexation — 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 municipalities. Extraordinary.., industrial project that is eligible property tax abatement under the city's tax abatement policy. MunicipalFull a.lity within its full-purpos-- boundaries, includin. wa tewa r service and I XCINdigr Ili FIS 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 vrowth centers: Mixed -Use Growth Centers m , A highly urbanized area that has many characteristics 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. Unlike mixed-use growth centers, residential uses are generally discouraged within industrial growth centers. Infrastructure — Facilities necessary to provide city services, usually referring to physical assets such as streets and utility lines. Long -Term Development -- Planned construction of residential, commercial, and/or industrial uses that is anticipated to occur beyond a three-year timeframe. 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 -initiated 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 full municipal services to an area annexed for full purposes. On the effective date of annexation, a municipality 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 facility; and operation and maintenance of roads and streets (including 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 Urban f 1 .: r Development _ •uiring water, wastewater,• other • .services to • •' •' • • oil so I I to 1 • !III 4 A. Annexation The city will consider full -purpose annexation of any area within its extraterritorial jurisdiction if and only if the area meets one or more of the following seven criteria: a. The area is an enclave and the city and its citizens 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 432 years of annexation in accordance with state law, without negatively impacting service provision within the city. 2. Urban v loo 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 4A years of annexation in accordance with state law, without negatively impacting service provision within the city; and c. The city has determined through an appropriate analysis of prospective revenues and expenditure--, that cumulative revenues will exceed cumulative expenditures for each affected budget,fund over the 10 -year period immediately following annexation, or over a longer period as appropriate for long-term development. 3. §rowth Center: The area meets all three of the following conditions: a. The area encompasses a designatedgrowth center and thus requires urban services to develop as planned; and b. - city is able to.. provisionlaw, without negatively impacting service c. The city has determined through an appropriate analysis of prospective revenues and expenditure ---- that cumulative revenues will exceed cumulative expenditures for each affected budget fund over the t • •. • • i F • • • • • .r •• •r • • , i- .• •. • - • . =•� Withouta. potential development• of environmental impact on the city due to unregulated land uses and the city's inability to enforce levelopment standards, building codes, and/or environmental regulations; and �Ivlp i 196 ���IIII�m withoutM-NMUTUNREV-71TIM WPM •. provision S. 2211gn to o : The area meets both of the following conditions: Withouta. . • parties may incorporateone or .re separate municipalitiesor legalother • orderly growth. I b. The City is able to provide municipal.accordance with statZ without«. provision 6. Populated Area: The area contains 100 or more separate lots or tracts of land containing residential ?nnexation per state law. In accordance with Sections 43.056 and 43.065•Code, the Pa municipal. each area to be annexed for full purposes. department prep.re t • . «nvat&Ve to the public for review and commentof •r,r service plan by ordinance ProvisionsB. General 111TIFTOTT Vg=k . •! 1 r , Factors• be considered regarding disannexation are whether the issues identified in the previous factorssections have been effectively addressed or implemented. Therefore, if property that is already the annexation in the first place do not satisfy positive criteria for annexation, then said properties should be considered for disannexation. Again, as with annexation, various weights should be given to the r area • disannexation. The proposed disannexation is part of an identifiable, logical whole (versus individual parcels) which neither creates "holes" inside the existing corporate city limits, nor forces any other area of the city outside the revised city limit boundary line ("islands" outside the revised lines). 1