08 - Disannexation Request - 3197 FM 1497 - First Public HearingItem No. 8
TO: City Council
Grayson Path, City Manager
FROM: Stephanie H. Harris, City Attorney
SUBJECT: Disannexation Request -3197 FM 1497 (LCAD Parcel 103,154)
FIRST PUBLIC HEARING
DATE: March 11, 2024
BACKGROUND: As you will recall, the City has received an application for disannexation by
the First Pentecostal Church of Paris for above-described parcel.
The application requests that the City Council consider disannexing the property located at 3197
FM 1497 for the stated reasons that the property was annexed without the church's knowledge and
that the church does not wish to be located within the city limits. The city annexed the property in
1999 by Ordinance No. 99-034 after all notices and publications required by law.
STATUS OF ISSUE: Staff presented this item to Council at the January 22nd meeting to ascertain
whether Council wished to deny the application or to move forward with disannexation
proceedings. At that time Council passed a resolution initiating the disannexation process.' That
resolution set out the following timetable:
January 22, 2024—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 decline 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. Completed.
If Council chooses to proceed:
January 23—February 8, 2024—The city attorney will send out notices to other taxing entities,
service providers, and railroads as necessary, which must be done at least 30 days before the first
of two public hearings. Completed.
February 20—February 29, 2024—Publish notice of first public hearing in the Paris News
(publication must be between the 20th and the 10th day out from the 1st public hearing).
Completed.
February 27—March 7, 2024—Publish notice of second public hearing in the Paris News
(publication must be between the 20th and the 10`h day out from the second public hearing).
Note: The city may publish a single notice for both hearings on either Tuesday, February
27th or Thursday February 29`h or Thursday July 1St as the two notice periods overlap.
Completed.
March 11 2024—Citj Council Meeting -11' publig,hearim, 'public hearin rs must be held
between the 4011 and 20' days out from action on the ordinance to disannex
March 18, 2024—Special Meeting, City Council -2nd public hearing (in order to get in both
hearings done in that 20 day period, and because of our 2' and 0 Monday schedule and how that
falls on the calendar, Council will have to hold a special meeting to get in the 2nd public hearing)
April 8,2024—City Council Meeting—Act on ordinance to disannex (day 77 from institution of
disannexation proceedings).
BUDGET: None. The owner is tax exempt and does not pay ad valorem taxes on the property.
RECOMMENDATION: Conduct the first of two public hearings on the disannexation
application. This item is for a public hearing only, and Council will take no action on the item.
' From my memorandum of January 22nd, for your easy reference:
The reasons for requesting disannexation do not fall within any valid reason for disannexation under the
City's annexation/disannexation policy or state law; however, as can be seen below, the city limits line (in
yellow) moves on a fairly straight line until it gets to the church's property then jags around to take in the
church property and the parcel directly to the north. We could find no record of why the annexation line
was drawn this way.
Consequently, disannexation of the property would not create any impermissible islands or keyholes. The
church is not on city water or sewer but benefits from all other city services. As the church is tax exempt,
the city receives no ad valorem taxes on the property.