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22 - Disannextion Request - 660 adn 680 CR 32900 LCAD Parcels 50055 and 50056Item No. 22 TO: City Council Grayson Path, City Manager FROM: Andrew Mack, Director, Community Development Stephanie H. Harris, City Attorney SUBJECT: Disannexation Request -660 and 680 CR 32900 (LOAD Parcels 50055 and 50056) DATE: May 24, 2021 BACKGROUND: The City has received an application for disannexation by Brandon and Kara Bond for the parcels set forth above. The application requests that the City Council consider disannexing their property located at 660 and 680 CR 32400 (LCAD Parcels 50055 and 50056—see attached maps for location of the property) for the following reasons, which boil down primarily to a lack of provision of city services: Property owners are required to pay city taxes but receive no city utilities. Property is on county water and septic. Property is located on a county road that is not maintenanced by the city. Furthermore property owners are required to pay city trash fees but are not provided with trash pickup. Nothing about said property is maintenanced or provided for by the City of Paris. STATUS OF ISSUE: The only services not currently available to to the property are water and sewer, and there are no plans at this time to extend water and sewer to this area. Water service provided by the Lamar County Water Supply District is available. Bear in mind that "services" include trash collection, which is a rate paying service, and police and fire coverage. Regardless, the property does not meet the City's criteria for considering disannexation (see Policies and Procedures at page 16, attached hereto 16) because (a) this is a request by a single property owner for two contiguous parcels; and (b) disannexation of the property would create a keyhole within the City limits.' ' "The City will consider disannexation of any area within its corporate limits if so requested by a majority of the property owner(s) .... and if The proposed disannexation is part of an identifiable, logical whole (versus individual parcels) which neither creates `holes" inside the existing corporate limits, nor forces any other area of the city outside the revised city limit boundary line (`islands' outside the revised lines)." Policies and Procedures p. 16. [Italics added.] Moreover, Tex. Loc. Gov. Code Sec. 43.057 provides that if the annexation (or disannexation— the procedures for disannexation should be consistent with those for annexation—Tex. Loc. Gov. Code Sec. 43.142) would create a keyhole, the governing body must find that surrounding the area is in the public interest.2 Disannexing this property is does not appear to be in the public interest. Should Council wish to undertake disannexation proceedings with respect to this property, the following procedure will need to be followed: May 24, 2021—City Council Meeting—The City Council will discuss the petition and determine whether or not to proceed. If Council wishes to proceed, it should consider and act upon the accompanying resolution authorizing the disannexation process. Should Council wish not to proceed, it should consider and act upon the accompanying resolution declining to proceed. This is in the discretion of the Council. If Council determines to proceed, from here, the entire process must be complete within 90 days. If council determines not to proceed, there will be no further action on the petition. If Council chooses to proceed: May 25—June 11, 2021—The city attorney will send out notices to other taxing entities, service providers, and railroads as necessary, which must be done by 30 days before the first of two public hearings. June 22 --July 2, 2021Publish notice of first public hearing in the Paris News (publication must be between the 201h and the l 0th day out from the 1St public hearing). June 29—July 9, 2021—Publish notice of second public hearing in the Paris News (publication must be between the 201h and the 10th day out from the second public hearing). Note: The city may publish a single notice for both hearings on either Tuesday, June 291h or Thursday July 1" as the two notice periods overlap. July 12,2021—City Council Meeting -1St public hearing (public hearings must be held between the 401h and 201h days out from action on the ordinance to disannex) July 19, 2021—Special Meeting, City Council -2nd public hearing (in order to get in both hearings done in that 20 day period, and because of our 2nd and 4th Monday schedule and how that falls on the calendar, Council will have to hold a special meeting to get in the 2nd public hearing) August 12, 2021—City Council Meeting—Act on ordinance to disannex (day 77 from institution of disannexation proceedings) Z "If a proposed annexation [disannexation] would cause an area to be entirely surrounded by the annexing [disannexing] municipality but would not include the area within the municipality, the governing body of the municipality must find, prior to completing the annexation [disannexation] that surrounding the area is in the public interest." Tex. Loc. Gov. Code Sec. 43.057. BUDGET: The requested disannexation would deprive the City of the property tax revenue for the disannexed property. The petitioners plan on improving the property with a home and possibly other structures which will raise the taxable value of the property. OPTIONS: 1. Discuss and act on a resolution stating the intent of city council to institute disannexation procedings on a 31.774 acre tract of land located at 660 and 680 CR 32900. 2. Discuss and act on a resolution making findings of fact and denying the petition of Brandon and Kara Bond to disannex a 31.774 acre tract located within the city limits of the City of Paris and located at 660 and 680 R 32900. RECOMMENDATION: Staff recommends that Council choose and act on the resolution described in Option No. 2. APPLICATION FOR DISANNEXATION NAME OF APPLICANT(S): MAILING ADDRESS: CITY OF P-MS MAR 3 :5E TELEPHONE NUMBER:._ _:. . __.._.._._... .... _ _ w_. - ....._.._. VOTIN'd DISTRICT NUMBER: (this information may be obtained through the City Clerk of the Ci tyof Paris) VOTER REGISTRATION NUMBER: ADDRESS OF PROPERTY: 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. 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 ur disannexation petition for consideration and discussion by the City, CounciL You shou . plan to attend this meeting of the Paris City Council. __m�..... _.. �, ✓� a „',+�;'`' � tn licat �t s Si , °ire � �.� (] � � � .�� Date Signature Date 162764-2019 Pages: 3 RL 06/24/2019 03:11:04 PM By: Julian Lamar Ceunly, TX pp III��qqp RELEASE OF LIEN- DEED O1 'TRUST (STATE OF TEXAS) (COUNTY OF LAMAR) KNOW ALL MEN BY THESE PRESENTS: THAT the undersigned, the present legal and equitable owner and holder of that Certain Promissory Note in the original principal sum of SIXTY-FIVE THOUGSAND SIX HUNDRED AND N01100 Dollars (U.S. $65,600.40) and executed by BRANDON BOND. Borrower is joined by KARA BOND, HIS WIPE dated JUNE 3, 2016. Payable to the order of TEXAR FEDERAL CREDIT UNION F/KIA TEACHERS CREDIT UNION more fully described in a Deed of Trust of even date therewith executed by BRANDON BOND. Borrower is joined by KARA BOND, HIS WIFE in favor of TEXAR FEDERAL CREDIT UNION F/K/A TEACHERS CREDIT UNION duly recorded in the Real Records of Bowie County, Texas, INSTRUMENT NUMBER 133871-2016 and said note being secured and instrument against the following described property in said Bowie County, Texas, to wit: "SEE EXHIBIT A" for and in consideration of the full and final payment of all indebtedness secured by the a foresaid lien or liens, the receipt of which is hereby acknowledged, has RELEASED and DISCHARGED, and by these presents hereby RELEASES AND DISCHARGES, the above described property from all liens held by the undersigned securing said indebtedness. EXECUTED this, 18" day of JUNE,2019. TEXAR FEDERAL CREDIT UNION Priniedi�ame: BRAD C EN Title: REAL ESTATE REPRESENTATIVE STATE OF TEXAS COUNTY OF BOWIE On this day, before me personally appeared BRAD CRITI'ENDEN. to me well known, w%..acknowle-igc4.thatslhnegis the. REAL ESTATE REPRESENTATNEE of TEXA,R FEDERAL CREDIT UNION a banking coreor o and the as such officer -being duly authorized so to do, has executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation by themselves as such officers. WITNESS my hand and official seal this EXECUTED this 18" day of JUNE 2019. Notary Public B"e County, Printed Name. Czny Forbes My Commission Expires: 03/3/2022 Prepared By TEXAR Federal Credit Union 2301 Richmond Road Texarkana TX 75503 ID No.1 Notary Public B"e County, Printed Name. Czny Forbes My Commission Expires: 03/3/2022 Prepared By TEXAR Federal Credit Union 2301 Richmond Road Texarkana TX 75503 TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (1) the repayment of the Loan, and all renewals, extensions and modifications of theNote; and Cu) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this Purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in the Real Property Records of Lamar County, Texas: of the Thomas Askins Survey, Abstract Number 6, lying and being Being 31.774 acres of land, more or less, a part situated on the South side of County Road 32900 in Lamar County, Texas. The said 31.774 acre tract being the remainder of a called 29.99 acre tract conveyed in a Deed from. the Veterans Land Board of the State of Texas to David WalterDaniel, dated July 11, 2003 of recordin Volume 1361, Page 36 in the Official Public Records ofLatmar County, s. The said 31.774 acre tract also being the remainder of a called 26.6765 acre tract conveyed -in a Tera Warranty Deed from Vernon W. Daniel and wife, Lura G. Dan of Lamar County, Texas. el, to David Walker Daniel, dated Aug? acr,198 t ofteeard in Vohnne 107, Page 200 intheReal Property being described more particularly by metes and bounds as follows: Commencing at a 3/8" found iron rod at the Northwest corner of a tract conveyed to Royce Lee Carmou and wife, Linda Ruth Ballard Corroon, in Volume 682, Page 334 in the Real Property Records of Lamar County, Texas, the Northeast corner of a called 54.108 acre tract conveyedm Charles D. Baxter and wife, Kathy Baxter, in Volume 627, Page 241 in the Real Property Records of Lamar County, Texas and being in the South line of County Road 32900, Go N 891 51' 29" E a distance of 198.10 feet to a 3/8 found iron rod in the South line of County Road 32906 at the Northeast oomer of the referenced Carawn tract and at the Northernmost Northwest corner of the relerenced 29.99 acre parent tract remainder, for the Point of Beginning and the Northernmost Northwest corner of this tract; Thence: N 89'21'W, E with the South line of County Road 32900 a distance 351.75 feet to a found Chain link fence comer post, for the Northeast comer of this tract, at the Northeast corner of the referenced 26.6765 acre parent tract remainder and the Northwest corner of a called 1.012 acre tract conveyed to Ellawesse Aliene Wyrick in Document #121895-2015; Thence: S 01 ° 11' 24" E passing a W' found iron rod at the Southwest corner of the referenced Wyrick tract at a distance of 386.32 feet and continuing a total distance of2549.29 feetto a'h" found iron rod, for the Southeast comer of this tract, at the Southeast corner of the referenced 26.6765 acre parent tract remainder, at the Southwest comer of a called 22.896 acre tract conveyed to Gary Lynn Goss and wife, Deborah Ann Goss, in Document#062903-2008 and being in the North line of a called 546.9 acre First tract conveyed to Luther C. Parr in Volume 361, Page 557 in the Deed Records of Lamar County, Texas; Thence: N 89° 30' 13" W a distance of 602.98 feet to a 3/8" found iron rod, for the Southwest corner of this tract, at the Southwest corner of the referenced 29.99 acre parent tract remainder, in the North Iine of the referenced Parr �. � •• " . traci and t ie 36utheeZI corner ortfie fe`fer+encedBaxfet tract; - Thence: NORTH (Reference Bearing) a distance of 2103.82 feet to a %s" set iron rod, forthe Westernmost Northwest corner of this tract, at the NorthernmostNorthwest corner of the referenced 29.99 acre parent tract remainder, in the East line of the referenced Baxter tract and the Southwest comer of the referenced Carmon tract; Thence: N 88 ° 37116" E, a distance of 193;59 feet to a 3/8" found iron rod, for the inside Northwest corner of this tract, the inside Northwest comer of the referenced 29.99 acre parent tract remainder and the Southeast corner of tare referenced Cannon tract; Thence: N 000 37' 16" E with'the Northemmost West line of the referenced 29.99 acre parent tract remainder a distance of 439.05 feet to the Point of Beginning containing 31.774 acres; which currently is located on: CR 32900, Paris, Texas 75460, ("Property"). GENERAL WARRANTY ST 16-9 s Zwo 11 (oil r IN , Effective ate: June 3. 2016 Grantor: David Walter Daniel and Judy Daniel, husband • 'e Grantee: Brandon Bond and Kara Bond, husband, and wife Consideration: AND 00 D• 110) and other good and valuable Grantee of that one certain promissory note of even date herewith in the principal sum of r0 payable to the order of - -r - therein• - providing • acceleration of • attorney's f-. ured by the vendor's lien herein retained, and is additionally secured by a deed of trust of even date herewith to Kelly D. Mitchell, Trustee. Property: 411 91 MCI X"WIfl-Ir."ll .0 4148:a H • . /> Reservations This conveyance, however, is made and accepted subject to all outstanding mineral interest, restdctions, reservations, easements, covenants and conditkowyzft-4 to -herein abovedescribed • • f •w reflected bythe recordsof County Clerk of Lamar 133670-2016 06/03/2016 : y: Starlas Lamar County, t Russ Towers - C unt Clerk II IIIIHIIII ISI IiIIIII 1. Easement to Lamar County Water Supply Corporation, recorded in Volume 549, Page 724, Lamar County Deed Records. 2. Easement and Right of Way to Texas Power and Light Company, dated October 28,1944, recorded in Volume 274, Page 2$8, Lamar COWIty Deed Records. 3. Right of Way to Lone Star Gas Company, dated October 4, 1929, recorded in Volume 222, Page 407, Lamar County Deed Records. 4. Right of Way Easement to the City of Paris, dated April 17,1957, recorded in Volume 357, Page 418, Lamar County Deed Records. 5. Right of Way Easement to Lamar County Water Supply District, dated June 18, 1970, recorded In Volume 514, Page 357, Lamar County Deed Records. 6. Right of Way Easement to Lamar County Water Supply Corporation da February 22, 19s.,% recorded in Volume 692, Page 82, Lamar County Deed Records. 7. Overhead power line, fences not on line, rights of others in and to ponds along Eastern boundary Ifni, stmt all other matters as shown on survey by Alark L. Sanderson, RPLS No. 4911, dated 18, 2016. y Grantor, for the consideration, receipt of which is acknowledged, and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executor, administrators, successors or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators and successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty. But it is expressly agreed that the Vendor's Lien, as well as Superior Title in and to the above described premises, is retained against the above described property, 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. THAT, 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 herein for the benefit of said Lender and the same are hereby TRANSFERRED AND ASSIGNED to said Lender, its successors and assigns. Payment of ad valorem taxes for the current year having been assumed by grantee. When the context requires, singular nouns and pronouns include the plural. FACA � L*ITI -, P �I filt 9 4101 David Walter Daniel niell "7dy &"7 This instrument was acknowledged before me on the.ay of 2016, by David Walter Daniel and Judy Daniel, husban'Ond wife. Notary Public, Stat"L"a"of Texas 6 C) I Survey 0016-136 Behq: 31-774 acres of land more or less, apart of the Thomas Aslem Survey Abstract Number 6, Ift and being situated On &e South side of County Road 32900 in Lamar County, Texas. The said 31.774 am tract being the remainder of a called 29-99 am tract conveyed in a Deed from the Veterans Land Board ofthe State of Texas to David Walter Daniel, dated July 11, 2003 of nowd in Volume .1361, Page 36 in the Official public Records OfLamag, County, Texas. The said 31.774 me tract also beinigthe remainder of a called 26.6765 am tract conveyed in a Warranty Deed firm Vemon W Daniel, and wife L= G. Daniel to David Walter Daniel, dated August 29, 1989 Of record in Volume 107, Pap 200 in the Real property records of Lamar County, Tem. The said 31.774 awe ftd being described more particularly by metes and boumds as fifficiva: Cats MOwing at a 3/8" found iron rod at the Northwest comer of a tract conveyed to ROYCO IAM CRIM011 and VO4, Linda Ruth Ballard Carman in Volume 682, Pap 334 in the Red Property Records of Lamar County, Texas, the Northeast comer of a called 54.108 acne tact conveyed to Charles D. Bad= and wife, Kathy Bwaff in Volume 627, page 241 in the RM, property Records ofL--,- County, Texas Bud being in the South line of Cquqgl�,oad 32900, Go N 89051'20" E'a'A&tBnm of 198-10 fact to a 3/8"-f6und iron and in the South line of Cmmly Road 32900 at the Nm*ezd comer Of the refirenced C8MXm tract and at the Nor&==stNm*Wcst corner of the referenced 29-99 son parent tract remainder, for the Point of Beginning and the Mmthermaost Nordmea comer oftWs tracL nowe. N 89'21t04' B with the South line of County Road 32900 a distance 351.75 fed to a found Chain link fence comer P06% for the Northeast comer ofthis tact at the Igardwist comer ofthe referenced26.6765 am MCA tract remainder and theNorthwast om= of a called 1.012 acre ftd Conveyed to E112WOM Aliens WYZiCk in. Document # 121895-2015. Thence: S 01*11!24" E P89409 a',4" found iron rod at the Southwest comer ofthe refaremced Wyxick tact at Et distance of 386.32 feet and continuing a tow distance of 2549.29 feet to a W, found iron rod, for the Southeast c Omer of this Izzat at the Southeast oon = of the referenced 26-6765 acre, parent fta remainder, st the Southwest comer of coned 22.896 am ftw conveyed to Gary Lynn Goss and wife Deborah Ann Goss in Document # 062803-2008 and being in dw North line of a called 546.9 acre First tact conveyed to Luther C. Parr in Volme, 361, Pap 557 in the Deed Records of Lamar County, Tem. Thence: N89Q3(Yl3nW&distance of 607..98 feet to a 3/3" found iron rod, for the Southwest comer of this tact, at the Southwest comer of the referenced 29.99 am parent tract remainder, in the North lime of the refamee d Pour t=act and the Southeast comer ofthe re fmc md Baxter ftr tract. Thence: WORTH (Refizence Bearing) a distance of2103.82 feat to a W set iron rod, for the Westernmost Northwest comer of this tract: at the Northernmost Northwest comer ofthe referenced 2999 am parent tract remainder, in the BOA fin of the referenced Baxter um and the Southwest comer of the refemced Carman tract. Wien] Survey #2016-136 Thence. N 88°3716" E a distance of 193.59 feet to a 3/8" found iron rod, for the inside ti® Nm*west corner offts tract, the inside Northwest corner of the referenced 29.99 acre parent tract remainder and the Soutbeast comer of the refs r wed Carrion tract Thence: N 00°3716" B with ft Nordlemmost West line Of the referenced 29.99 acrep&mnt tract remainder a distance of 439.05 feat to the Point of BaOming containing 31.774 acres. L Mark L. Swdemoa Registered Professional Land Surveyor #4911, Stats of Texas, do hcreby m f certify the above was tal rOM mmmurentents made upon the ground ou 5/18/2016 and are true and coaect and there are no visible eascmenfis_-aaht rrF_o�Q encroachments INUTI-TI-Wi, z _j m ANNEXAIION PART I: CONTEXT & AUTHORITY Section f. Introduction Section 2. The Context of the Texas local Government Code (TLGC) Section 3. Annexation Authority and Procedures Section 4. Provisions Regarding Disannexation Section 5. Annexation under Senate Bill 89 Section 6. Municipal Regulation of the Extraterritorial Jurisdiction (ET)) Section 7. Annexation Policy Considerations Section S. Disannexation Policy Considerations PART II: PURPOSE & INTENT PART III: DEFINITIONS PART IV: CRITERIA & PROCEDURES 0 FART d: CONTEXT & AUTHORITY Section I. IDtroduction 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 the Texas Local Government Code 1. Annexation, Procedural ftboCs: Under 1999's SB 99, there are two basic annexation procedural methods, each of which is based either on the inclusion or exclusion of an area in a citys annexation plan: (A) Annexation of an area that is exempt from the annexation plan requirement, and (B) Annexation after Dec. 31, 2002 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 th annex the area under the procedures established by Chapter 43, subchapter C, 'Annexation Procedures for Areas Annexed Under Municipal Annexation Plan.'° 2, 1bg Annexation Plan: SB 89 required that every city in Texas adopt an annexation pian that became effective no later than December 1, 1999. The plan must iderrtify 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 area "contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract," the area is not required to be placed in an annexation plan, Also, if the 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 these 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 Fl are further notice requirements before the 9& day after the city adopts or amends the annexation plan. Section 3: Annexation Authority and Prooaclures 1. Annexation Rowers• (A) Provisions geaarding Annexation of a Home -Rule City. Paris is a home rule city, and a home rule municipality can take the following actions if provided by the dty's charter. (1) Fix the boundaries of the municipality; (II) Extend the boundaries of the municipaitty and annex area adjacent to It; and (III) Exchange area with other municipalities. 2. Annexation Procedures: (A) A municipality may annex area only in its extraterritorial Jurisdiction (ETJ) unless the municipality owns the area MGC, Sec 0.051). (B) There are annexation hearing requirements, (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. (D) A city cannot annex a publicly or privately owned area, including a strip of area that follows the course of a road, highway, river, stream, 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. nGC, SecA3.054). (E) In any calendar year, a municipality cannot annex a total greater than ten percent (10%) of the incorporated area of that municipality as of January 1 of that year, plus any amount of area carried over to that year (under subSectlon (b) of Sec. 43.055, nGC). An annexed area is not included in this calculation if annexed at the request of the property owners of the area, or if the area is 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 annex 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 Pians to Annexed Areas: 3 (1) Within a specified time limit, a city that is proposing an annexation must complete a service pian that provides for the extension of full municipal services to the area to be annexed. (Sec.43.056). (11) Said full municipal services must be provided in the annexed area no laterthan 231 years after the effective date of the annexation. (There is opportunity for extension of certain services, but no later than 434 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); (fj 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, bullding, 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 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. 43.0561.. A service plan is valid for ten years; renewal of the service pian is at the discretion of the municipality. There are also other opportunities for citizens to enforce the service plan. Section 4: Provisions Regarding Disannexation 1. oisannexation for Fallure to gtoa► de ilrykes ,(Sec. 43.1411: (A) A majority of the qualified voters of an annexed area may petition the governing body of the municipality to disannex the area if the municipality fails or refuses to provide services or to cause services to be provided to the area within the period specified by Section 43.056 or by the service plan prepared for the area under that Section. 4 (0) 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 shalt 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 ofthe disannexation. 2. Disannexation According to Municioai Charter in Home -Rule Municipality (Sec 431421 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. 3. Width Requirement for DIwnnexatlon iSect.434471 (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 dila nnexed must be adjacent to either side of the road or highway, and follow the course of the road or highway. 4. Requirements Regarding; Federal and State Approvals and Notices 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/disannexatlon. Certain other agencies are also required to be notified If a city changes its boundaries. Siiou 5. Annexation cinder Senate Bitt $ 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. 43.052 (h)), 4. Comply with the notice requirements. 5. Provide written notice to school districts. 6. Prepare an inventory of services and facilities. 7. Prepare a service plan. a. Address hearing requirements. 9. Submit annexations to the U.S. Justice Department for preclearance not later than the Wm day before the effective date of the annexation or the earliest date permitted under federal law (Sec.43.906 (a)). n 6._Municioal Regulation of the Extraterritorial Judsdictio The policy purpose regarding the ETJ is stated in Sec. 42.001 of the TLGC. Chapters 42 and 43 of the TLGC address the Municipal Annexation Act. The City of Paris' population has, under Sec. 42.021 a "number of inhabitants" between 25,00049,999, "and therefore the extent of (its) extraterritorial jurisdiction" is two (2) miles. Sec. 42.023 states: 'The extraterritorial jurisdiction of a municipality may not be reduced unless the governing body of the municipality gives its written consent by ordinance or resolution, except in cases of judicial apportionment of overlapping extraterritorial jurisdiction under Sect. 42.901." Section 42.022 discusses the expansion of the ETI. The code also addresses the very rare issue of overlapping ETJs. �,.IBJIMFM- I:LEFS7. 711"liiiifiT 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 ETJ 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 Interfocal agreement providing for such regulation and approval (Sec. 242.001(e)). If a property lies within the ETJ of more than one municipality, the municipality with the larger population has the responsibility for approval (Sec. 212.007 (a)). 2. Subdivision µHa 144„ . and the ET4 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.B. 1445, now In Chapter 242 of the Texas Local Government 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. 242.001 (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). Texas municipalities have four options under N.B. 1445: (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 authority 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 file plats, and one uniform and consistent set of plat regulations. 3. HB„ llqZ�'n! ng is Muth Lagdours 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. 4. Develooment plats Sections 212.041-212.050 of the TLEC provide authority for municipalities to accept development plats in the ET1. 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 a 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 municlpality's building code In its extraterritorial jurlsdictlon." (Sec. 212.049.) 5. Sign Regulations Chapter 216 of the Texas Loral Government Code addresses the relocation, reconstruction or removal of a sign in the ETJ. Specifically, Section 226.003 allows municipalities to "require the relocation, reconstruction, or removal of any sign within its corporate limits, or extraterritorial Jurisdiction," subject to the detailed regulatory procedure included in Sec. 216.0035 (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 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. A home -rule city may extend the provisions of its outdoorsign 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 written notice with the Commission. If a municipality extends Its outdoor sign ordinance within Its F.T.i, the numicipal ordinance supersedes the. regulatioTis Imposed by or adoptfad by, the, CDmmLsoon., (Sec. 216.902.) 6. t.13SLU.IEL41_DLst-ric-ts&ld-.fop' -CA.. nft EX SwAlon 42,044 of theTLGC sperm us a murdidpality to designate a part of ft ETJ as an Industrial district and treat 'that area in the rnannermiml&.sed tu be in, the best, interest of the city, includirig mi-alking written contracts with Ow omi of the land repirding ancon ewAlon arld regulations. Chapter 42 of the 'n.i also dWrvesses planned unit development districts in the, ED. The governing bod'y of a rniivrsicillpmlfty that has difisannexed territory preVioutly ari for Wilted purposes may designate ars amewithin its ETJ as a plainined unit developirine,,rift district by written agri with the mmmer of the... land. The planned unit development idistrict stsell conuin no. felwarthan 250 avvs. (Spe TLGC Sec. 42.046.) 7. I 0. .C.n Fees .. gg_ Impact fees, under Ch. 39S of 111 -ie TLGC,ray Ibe applied in the ET); however, Impact: fees for roadway eli cannot hie lrn;msed in the ET.J, Paris does not collect., sudi fees at this rame. Mimi rmWm Under Sec. 402-044 (8) of the 1"t...GC, the boundarties of a citi(s drainage system service area may be extended within the ETI that rontrilme overtand flow into the watersfwC4 of the city. Paris has no such systern at this One. 9. The 5 000, Rmt"NulLalIgg Zang!' Section 2171)42. of the TLG2C states as folk.)ws: (A) The murdripality may define and prici any nuisance within the 11mits of the rwiunicipality gn wailn 5,OW feet outside the 11mits, without regard to its ET1 (8) The municipstat y. may enferc4 all ordinainces irveressary to prevent and siummadly abate anid remove a wivisance. if a hvirn& rule city wishes to enforce these activifles extraterritorially, c!W ordfix-iiiances must be amended to refliect the extnv terditorla I application of Oe ordinan m.s. Also, a hiorne-rule c1ty cainn ot just state that 0 conduct is a nuisance and extend such nuisence regulations s,,(:K)D, feet from the ft "'s boundaries. A 'nulsance" is anythirw that worker injury, Iherm or pm. JudIce to an lindividual cir the public, or mftflch causes a well-founded apprehension of dange.r. A nuisance obstiruc,ts, impairs or deviroys the reasionabl4i, peaceful and wonfir table Use of p roperly- 10, Ec ml; P gngit Anp . . ..... 9 nk_ HB 93.8,, effective May 1.7, 2,005, =ended SO.ctlon 380.001(a) of, the 116c: to include. e munfiripall W,,q ET) and areas annexed fox, Rinited imix-pases as Ipmu rt of the rinurdicipallity for purposes ofesti" blIshing economfc development programs. S8 466", effecthim, September 1,, 200,5,, amended a ini.unber of SKflons of rimpter 377 of the '11 C' relating to munkipal R development distrins., The arnendments allow any munkipality to create a n1unidpal dewdop- ment district' and allow that a municipal development district may hiLtude, in w4jole or In part, a munlrVaUtYs E -TJ. 11. "'Ek Chapter 243 of dw 716C Wtows c and countV regulation oaf mcmially oliented twshms.ses ('SOBs'). Most nv.mmilclpal ordinances fpm regulate SOBS provide distance require-ments; Le, requirements that, s,1508 may riot be located vOthin a certain number of f of a d,surch, -school, residentlafty-zained area, day care center or ott-wr sexually oriented buds ness. Q 243.006 (4))� Section 243.003 N of the TL GC specifically, sU. is that "[alreplation adopted by a muntripeft applies only Inside the munidpailtv's corporate Urnits,", However, after discussion of case law from other states, the'rex as Attorney General concluded that even though Spaion 243 003 of the TL GC does not give extraterritorial effect to an SOB OrMnance-Section243jD06(a)(2..) of the TLGC nonetheless may apply. "A city may appIV a municipal ordinance to prohibit a sexuaUy orlented business Wtffihri a specified distance: of a school, c1hurch, or other entivered by Section 243,006 (a) (2) of the TUX even though 11 hat entfty Is not within'fpm e corporate firnits of the city In quesdon, so for as the sexually oriented business is within those MmIts. Such appkztion dOEs not violate, the statutory requirement that the ordinance oiri4y apply in the clWs corpomte Umfts." lberefore, the distance requirements contained In local 5015 ordinances may beenforc P --d, evertu� if tlw unded)fing SOB ordinance has no extraterritorial effect. PART II: PURPOSE & INTENT The City of Paris seeks to annex property within its extraterritorial JuNsd;coon for the fallowing purposes: To promote orderfyr 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 emrlronmental regulations. • To diversify the economic base and create job opportunities by annexing property for commerdaI 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 pian. Issues that should be considered include: Pbvsicai 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 DI,bagg 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 countywide sewer system has been proposed, drainage divides are less important as a guideline for annexation boundaries. 10 Ability to Provide Services and Facilities 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 time. 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. • Simplification of Municioal Boundaries Annexations should be encouraged and enhanced that have the effect of consolidating a community's corporate area and reducing the irregularities that previous annexations may have added to the corporate limits. "Squaring off" the municipal limits to create an easily recog- nizable shape can enhance the image that residents have of their municipality and create a more 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. • Lost-RevenueAnalysis 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 analysis, a topic in itself 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 built to that city'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 Development 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 capital Improvement programming. A sub -tool for this kind of economic development could be, for example, public-private partnerships and investments. • Comprehensive Plans and Zonins District Maos Texas does not allow zoning of unincorporated areas. Therefore. If property is annexed, it should be zoned as soon as possible to be in conformance with the annexing municipalities' future land use plan within its comprehensive plan. If such zoning does not occur in a timely manner, the municipality runs the risk of having its recently annexed area developed with land uses that may be incompatible with that city's land use pians, growth -goals, and policies. • Parks. Recreation, and Oren Space 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 could enhance trail systems, as well as use environmental resources that are presumably outside the city (e.g., flood plan and/or other environmentally sensitive, archeological and/or historical sites or interesting areas). R1 Contiguity 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 allow for area design and/or depth of property to create well-designed 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 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 possessing urban character that are in the path of impending urban development can also be good candidates for annexation. 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 potential annexing bodies should annex it? Annexation of an unincorporated area by one municipality or another can have many important physical, social, and financial consequences for the area annexed as well as for the annexing municipality. Four overall general goals that good annexations satisfy are: • community Identity. 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. • Economy, 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 public and private services and facilities provided by the annexing municipality. • SimpliLdty. Annexation boundaries should be regular and logical to facilitate administration of services and further a sense of community identity. FN 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 enforces all ordinances, provides services as provided by law, and assesses property taxes and sales taxes. Annexation Plan — A document required by Texas local Government code, Section 43.052, identifying certain kinds of areas that it city intends to annex. • The plan must identify any areas with 100 or more separate lots or tracts of land containing residential dwellings that the city intends to annex, unless more than So percent of the property owners request annexation. • The plan may also identify 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 disannexation decisions. Annexation Program — A regularly updated document identifying areas that the city wishes to consider for initiation of annexation during the succeeding five-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 Economic Development Project — A commercial or industrial project that is eligible for property tax abatement under the city's tax abatement policy. Extraterritorial Jurisdiction (ETJ) — Unincorporated area extending generally two miles from the city limit, excluding other incorporated municipalities and their ETJs, 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 City of Paris provides the following services, including but not limited to: fire and police 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, publicly -owned facilities, and streets; library services; drainage and storm sewer maintenance; enforcement of environmental health, zoning and subdivision ordinances; 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: Lt, Mixed -Use Growth Centers — 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 — Facilitlies 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 munldpality, pursuant to Section 43.12.3 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 ofthe 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 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 2% years after annexation but may extend the deadline to 4% years after annexation for services that cannot reasonably be provided within 2% years. Urban Development — Development requiring water, wastewater, and other municipal services 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. M PART IV: CRITERIA & PROCEDURES 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: 1. EnSlave The area meets both of the following conditions: 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 4)5 years of annexation in accordance with state law, without negatively Impacting service provision within the city. 2. Urban QMlopment: 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 43a 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 expenditures that cumulative revenues will exceed cumulative -expenditures for each affected budget -fund over the io-year period immediately following annexation, or over a longer period as appropriate for long-term development. 3. gtqvdh 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 10 -year period immediately following annexation, or over a longer period as appropriate for long-term development. 4. Adverse impact: 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' inability to enforce development standards, building codes, and/or environmental regulations; 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. S. option !Q nand: The area meets both of the following conditions: a. Without annexation, Interested parties may incorporate 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. Pooulatgd Area: The area contains 100 or more separate lots or tracts of land containing residential dwellings and thus must be included in the municipal annexation plan three years prior to full -purpose annexation per state taw. 7. ,Lori -Term Development. 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 43.065 of the Texas Local Government Code, the Paris 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. a. General Provisions The following provisions apply to all proposed annexations: 1. As a prerequisite for any proposed annexation, the City Manager shall 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 annexation, then said properties should be considered for disannexation. Again, as with annexation, variousweights should be given to the factors involved when evaluating any specific area for disannexation, The City will consider disannexation of any area within its corporate limits if so requested by a majority of the property owners(s) and if the area fails to meet at least one of the above seven criteria, and if: 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). 16 survey #2016`136 Being: 31.774 acres of land more or less, apart of the Thomas AaWw Survey Abstract Nmnber 6, lying and being situated on the South side of County Road 32900 is Lamar County, Texas. The said 31.774 acre tract being the remainder of a called 29.99 acre tract conveyed iu a Deed fromthe Veterans band Board of the State of Texas to David Walter Daniel, dated July 11, 2003 of record in Volumoe 1361, Page 36 in the Official Public Records of Lamar County, Texas. The said 31.774 acre tract also being the remainder of a tailed 26.6765 acre tract comreyed, in a Wmmm'y Deed from Vemon W. Daniel, sad wife Lura 0. Daniel to David Walter Daniel, dated August 29, 1989 of record m Volume 107, Page 200 in the Real Property records of Lamar County, Texas. The said 31.774 acre taaot being described more particularly bymetes and bounds as follows: Conunencing at a 3/8" found iron rod at the Northwest comer of a tract conveyed to Royce Lee Camron and wife, Linda Rath Ballard Camon in Volume 682, Page 334 in the Real Property Records of Lamar County, Texas, tide Northeast coarser of a called 54.108 acre tract conveyed to Charles D. Baster and wife; Kathy Sexier in Volume 627, Page 241 in the Real Property Records of Lamer County, Texas and being inthe South line of County Road 92900, Go N 89051'29" E a distance of 198.10 feet to a 318" found inn rod inthe South line of County Road 32900 at the Northeast comer of the referemed Caromftct and at the NOr&emmostNm*west comer of the referenced 29.99 acre parent tract remainder, for the Point of Beginning and the Norlhemmost Northwest comer of this tract, Thence: N 89°21104" E with the South line of County Road 32900 it distance 351.75 fleet to a found Chain link fence comer post, for the Northeast corner oftbis tract, at the Normssst comer of the re%renced 26.6765 sore pareaut tract remainder and the Northwest roarer of a called 1.012 acro tract conveyed to Ellawease Alieae Wydek in Document # 121895-2015. 27Wnce: S 01"11'24" E passing a'14 found iron rod at the Southwest comer of the referenced Wyrick tract at a distance of 386.32 feet and continuing a total distance of 2549.29 feet to a IV found iron rod, for the Southeast comer of thin tract, at the Southeast corner of the referenced 26.6765 acre parent tract remainder, at the Southwest comer of a called 22.896 acre tract conveyed to Gary Lynn Goss and wife Deborah Ann Goss in Docwnent # 062803-2008 and being inihe North line of a called 546.9 acre First tract conveyed to Luther C. Parr in Volume 361, Page 557 in the Deed Records of Lamar County, Texas. Thence: N 89W 13° W a distance of 60298 feet to a 3/8" found iron rod, for the Scuahwest comer of this tract, at the Southwest comer of the referenced 29.99 acre parent #tact rerognder, in the North line of the referenced Parr tract and the Sorudreast comer of the referenced Baxter tract. Thence. NORTH (Refereste Bearing) a distance of2103.82 feet to a 34" set iron rod, forthe Westemmost Northwest corner of this tract; at the Northemmost Northwest coiner of1he referenced 29.99 acre parent tact remainder, in the East line of the referenced Baxter tract and tho Southwest comer ofthe referenced Carmon tract. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, DENYING A PETITION TO DISANNEX A 31.774 ACRE TRACT OF LAND LOCATED AT 660 AND 680 CR 32900 WITHIN OF THE CITY LIMITS OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the city staff has presented to the City Council a petition brought by Brandon and Kara Bond for disannexation of property owned by them and currently located within the City Limits of the City of Paris, said property being a 31.774 acre tract of land located at 660 and 680 CR 32900 (LCAD Parcels 50055 and 50056); and, WHEREAS, the City Council finds that the petition does not meet the criteria for disannexation in the City of Paris annexation policies, and furthermore, disannexation of said property would create a keyhole within the city limits which would not be in the public interest as required by Texas Local Government Code Section 43.057. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the City Council finds that the petition of Randy and Kara Bond to disannex a 31.774 acre tract of land located at 660 and 680 CR 32900, being more specifically described in Exhibit A attached hereto and for all purposes incorporated herein, does not meet the criteria for disannexation in the City of Paris annexation policies, and furthermore, disannexation of said property would create a keyhole within the city limits which would not be in the public interest as required by Texas Local Government Code Section 43.057. Section 3. That the petition for disannexation is inconsistent with the city's comprehensive plan. Section 3. That given the above findings, the City Council of the City of Paris, Texas hereby denies the petition of Randy and Kara Bond to disannex a 31.774 acre tract of land located at 660 and 680 CR 32900, being more specifically described in Exhibit A attached hereto and for all purposes incorporated herein. Section 4. That this resolution shall become effective immediately upon its passage. PASSED AND APPROVED this 24th day of May, 2021. Paula Portugal, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney survey #2016-136 MR Tkgnee. N 8903 -PI 611 E a distance of 193.59 feet to a 3/8" found iron rod, fox the inside Narthwast eorauee ofthis trad, the inside 1SIorthwest comer of the referenced 29.99 me pmnt tract rmainder and the Southeast carnet of the referenced Cs=on tract Thmw. N 00037116" E with the Northemnmst West U= of the referenced 29.99 acre parent tract rem"er a distance of 439.05 feet to the Point Of Beginning eoutaining 31.774 acres. T 1Awk L. Sanderson Itcgi Wed Professional Land Surveyor #4911, State of T do hereby cardfy the above was taken from mmas�upo mts made upon the ground on 5/18/2016 and= tram and coaect and there are no visible o£ yr syr Imoachmmis Cr overlapping ofimpm c%r eept "� r : MARK L 4819 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, STATING THE INTENT OF THE CITY OF PARIS, PURSUANT TO SECTION 7 OF THE CITY CHARTER AND SECTION 43.142 OF THE LOCAL GOVERNMENT CODE, TO DISANNEX A 31.774 ACRE TRACT OF LAND LOCATED AT 660 AND 680 CR 32900 WITHIN OF THE CITY LIMITS OF THE CITY OF PARIS; ESTABLISHING HEARING DATES; PROVIDING FOR PERSONAL AND PUBLISHED NOTICE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the city staff has presented to the City Council a petition brought by Brandon and Kara Bond for disannexation of property owned by them and currently located within the City Limits of the City of Paris; and, WHEREAS, the City Council desires to initiate proceedings pursuant to Section 7 of the City Charter and Section 43.142 of the Local Government Code to disannex a 31.774 acre tract of land located at 660 and 680 CR 32900 (LCAD Parcels 50055 and 50056); and, WHEREAS, the City Council desires to provide for notice of public hearings, establish the dates for public hearings, and establish the dates to complete said disannexation proceedings. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That by adoption of this resolution, the City Council does hereby state its intent to disannex a 31.774 acre tract of land located at 660 and 680 CR 32900 being more specifically described in Exhibit A attached hereto and for all purposes incorporated herein. Section 3. That on or before June 11, 2021, actual written notice of the City's intent to disannex the aforesaid area shall be mailed to each property owner in said area proposed for disannexation; to each public entity, including, but not limited to Lamar County, the appropriate school districts as well as any and all other public entities which will have to assume responsibility for certain public services following the aforesaid disannexation; and to each railroad company, if any, that serves the municipality if part of the company's right-of-way is in the area proposed for disannexation. Section 4. That the first public hearing regarding said proposed disannexation shall be conducted by City Council at its regular meeting on July 12, 2021, with notice of said public hearing to be carried on the City's internet website and to be published at least once in the Paris News within the time frame beginning, June 22, 2021, and ending July 2, 2021. Section 5. That the second public hearing regarding said proposed disannexation shall be conducted by City Council at a special called meeting on July 19, 2021, with notice of said public hearing to be carried on the City's internet website and to be published at least once in the Paris News between the time frame beginning June 29, 2021, and ending July 9, 2021. Section 6. That City Council shall consider an ordinance calling for the disannexation of the aforesaid described tract at City Council's regular meeting of August 12, 2021. Section 7. That this resolution shall become effective immediately upon its passage. PASSED AND APPROVED this 24th day of May, 2021. Paula Portugal, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney survey #2016-136 Being: 31.774 acres of lead more or less, apart of the Thornes Asldns Survey Abstract Number 6, lying and being dtuiftd on the South side of County Road 32900 in Lamar Coua y, Texas. The said 31.774 acre tract being the reamaiader of a oalled 29.99 acre tract conveyed in a Deed from the Vcten a Laud Board of the State of Texas to David Walter Daniel, dated July 11, 2003 of retard in. Volume •1361, Page 36 in the Official Public Records of Lamar County, Texas. The said 31.774 acre tea also being the remainder of a called 26.6765 an t not cowieyed in a Warranty Deed from Vernon W. Daniel, and wife Lura 0. Daniel to David W ahm Daniel, dated August 29, 1989 of record is Volume 107, Page 200 in the Real Property records of Lamar County, Texas. Thio said 31.774 acre tract being described more particularly by metes and bounds as follows: Commneing at a 3/8" found iron rod at the Northwest coiner of atract conveyed to Royce Lee Garmm and wife, Linda Rnth Ballard Carmon in Volume 682, Page 334 in the Real Property Records of Lamar County, Texas, the Northeast comer of a caMA 54.108 acne tract greyed to Charles D. Baxter and wife, Safry Baxter in Volume 627, Page 241 in the Real Property Records of Lamar Caaniy, Tee and being in the South line of Cpunly Road 32900, Go N 9051'29" E a distance of 198.10 feet to a 318" found iron rod in the South line of County Road 32900 at The Northeast comer of the refmmced Carmontract and at the NorthemmstNm*west comer ofthe re£eraoced 29.99 acre parent tract re ns index , for the Point of Begixmi ng and. the Nortfienmost Northwest comer of this tract, Thenw. N 89°21'04" 13 with the South litre of Comity Road 32900 a distance 351.75 feet to a found Chain link fence comer post, for the Northeast career of this tract, at the Northeast cower ofthe refereumd 26.6765 acre Parent tract remainder and the Northwest corer of a called 1.012 acre tract conveyed to Ellawease Aliens Wyriek in Document # 121895-2015. Thenee: S 01 °11'24" B passing a W hound iron and at the Southwest coaxer ofthe referenced Wyriek tract at a distance of 385.32 feet and continuing a total distance of 2549.29 feet to a found iron rod, for the Southeast comer of titin tract, at the Southeast comer of the referenced 26.6765 acre Parent tract remainder, at the Scuarwest comer of a caUed 22.896 acre tract conveyed to Gary Lynn Goss and wife Deborah Aim Goss in Document # 062803-200B and being in tate North line of a ailed 546.9 acre First tact conveyed to Luther C. Parr in Volume 361, Page 557 in the Deed Records of Lamar Co>niyr, Texas. Zimce.• N 89°30' 13" W a distance of 602.98 feet to a 3/8" found iron rod, for the Soudwwt comer of this tract, at the Southwest comer of the rdarenced 29.99 acre parent tract remainder, in the North line ofthe refarenoed Parr mart and the Sotrtheest corner of tum reSerenced Baxter tract. Thence. NORTH (Reference Heating) a distance of2103.82 feet to a W net iron rod, for the Westemmost Northwest comer of ties #tact, at the Northernmost Northwest comer ofthe referenced 29.99 acro parent tract remainder, is due Fast line of the referenced Baxter t vzt and the Southwest comer ofthe referenced Carmontraot Survey #2016-1736 Tlrerrce; N 88°3T16" E a distance of 193.59 feet to a 3/8" found iron rad, fox the inside Nmthwest carrier ofthis tract, tbs inside Nmthwwt oorncr of the referenced 29.99 am parent tract remainder and the Southeast comer of the referenced carmon tract: Tkenw. N 00'3'7'16" E with tho Northernmost West line of the referenced 29.99 acne pa x tract remainder a distance of 439.05 feet to the Point of Heginnbg CouWaing 31.774 acres. 4 Mark L. Sanderson ltcgiatu red Pmfiassi W Land Surveyor #4911, State of Texas, do hereby certify the above was taken from meastn==ts made upon the gmuad on 5/18/2016 and — f,,.e Awa ,.— - - - eraaroachments