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�..... _..
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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