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06-C Disannexation Between Cox Field & Hwy 82 DRAFT FA TTORNEY\ORDWORKICURRNET\ Disannexation Ord - Between Cox Field & Hwy 82 2005 November 9,2005 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, PURSUANT TO SECTION 7 OF THE CITY CHARTER AND SECTION 43.142 OF THE LOCAL GOVERNMENT CODE, DISANNEXING A 691.82 ACRE TRACT OF LAND BETWEEN COX FIELD AND US HWY 82 EAST FORMING A PORTION OF THE CURRENT OUTER BOUNDARIES OF THE CITY LIMITS OF THE CITY OF PARIS; MAKING A FINDING WITH REGARD TO POTENTIAL REFUNDS OF PROPERTY TAXES TO DISANNEXED LANDOWNERS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Manager of the City of Paris presented to the City Council proposals for disannexation of property currently located within the city limits of the City of Paris; and, WHEREAS, the City Council adopted Resolution No. 2005-108 on September 12,2005, stating the Council's intent to initiate proceedings pursuant to Section 7 of the City Charter and Section 43.142 of the Local Government Code to disannex two tracts ofland forming a portion of the current boundaries of the city limits of the City of Paris as otherwise described herein; and, WHEREAS, the aforesaid Resolution No. 2005-108 provided for personal and published notice and established public hearings associated with the aforesaid proposed disannexation; and, WHEREAS, the City subsequently published notice of two public hearings at which persons interested in the disannexation would be given the opportunity to be heard; and, WHEREAS, the City also provided actual notice prior to the thirtieth day before the date of the first public hearing to each property owner in the area proposed for disannexation, to each public entity with jurisdiction over the area proposed for disannexation, and to each railroad company serving the municipality whose right-of-way was contained in the area proposed for disannexation; and, WHEREAS, in addition to the aforesaid actual notice to the property owners, the public entities, and the affected railroad companies, the City posted notice of the public hearing on the City's internet website and published notice of the aforesaid hearing in the Paris News, a newspaper of general circulation of the city in the area proposed for disannexation, such notice being published at least once on or after the twentieth day but before the tenth day before the date of the public hearing; and, WHEREAS, the City Council subsequently conducted a public hearing on the proposed disannexation at its regular meeting of October 24,2005; and, "r WHEREAS, the City Council subsequently conducted a second public hearing on the proposed disannexation at a special called meeting on November 7,2005; and, WHEREAS, the City Council finds and determines it is in the best interest of the health, safety, and welfare of the citizens of the City of Paris to undertake the aforesaid disannexation; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That by adoption of this ordinance, the City Council does hereby disannex said 691.82 acre tract of land between Cox Field and US Hwy 82 East, forming a portion of the current outer boundaries of the City of Paris, as said tract is more specifically described in Exhibit A attached hereto and for all purposes incorporated herein. Section 3. That the aforesaid property described in Exhibit A shall be, and is hereby upon the final date of the adoption of this ordinance, in all things disannexed from the city limits of the City of Paris. Section 4. That the City Council finds and determines that, in accordance with Section 43.148 of the Local Government Code, the value of services provided by the City and the amount of money spent by the City for such services for the direct benefit of the area disannexed herein, during the period of time said areas were located within the city limits of the City of Paris, exceeds on a pro rated basis the amount of property taxes collected from the landowners whose properties are located within the area disannexed herein. Section 5. That from and after the date of final adoption of this ordinance, the boundaries of the City of Paris, as the same appear in any and all official documents, maps, or other renderings, shall be and are hereby adjusted to reflect new boundaries revised to show the omission of the property disannexed herein. Section 6. That this ordinance shall be effective from and after its date of passage upon second and final reading. PASSED, APPROVED, AND ADOPTED on second and final reading this 9th day of January, 2006. Curtis Fendley, Mayor T . EXHIBIT ''A " PROPERTY DESCRIPTION DISANNEXATIONOF 691.82 ACRE TRACT {Between Cox Field Airport and US Hwy 82 Eastl BEGINNING at a point, said point being the extension of the east right-of- way line of County Road 42600 (Mt. Olive Road or 6th Street N.E. in Reno) to its intersection with the South Right-of-Way line of US Hwy 82 East, said point also being the Northeast corner of the tract described in paragraph 1(b) of the "Agreement Apportioning Extraterritorial Jurisdiction Overlap" between the City of Paris and the City of Reno, dated October 8, 1984; THENCE Southerly along said tract a distance of 1,616 feet to a point, said point being in the north right-of-way line of the former Missouri-Pacific Railroad; THENCE Westerly along the North right-of-way line of the former Missouri-Pacific Railroad a distance of282 feet, more or less, to the East boundary line of the Reno city limits as shown on plat dated November 23, 1965, and recorded in Book 5, Page 68, Plat Records, Lamar County, Texas; THENCE South a distance of 1 00 feet to a point in the South right-of-way line of the former Missouri-Pacific Railroad, said point being the most Southerly Southeast comer of the Reno city limits as shown on said plat; THENCE Westerly along the South right-of-way line of said former Missouri-Pacific Railroad and the existing Reno city limits line a distance of2, 150 feet to a point in the existing Reno city limits line as shown on Exhibit A to said "Agreement Apportioning Extraterritorial Jurisdiction Overlap," said point being 500 feet East of the East right-of-way line ofFM 1508; THENCE Southerly, parallel to and 500 feet east of the East right-of-way line ofFM 1508 and along said agreed-upon existing Reno city limits line a distance of 693.5 feet to a point in the North boundary line of a called 5 acre tract conveyed to Weldon March Coston by deed dated November 4, 1993, and recorded in Volume 399, Page 49, Real Property Records, Lamar County, Texas, and being the same property annexed into the City of Reno and described in Ordinance No. 222 of the City of Reno, passed and adopted on the 7th day of March, 1994; THENCE East along the North boundary line of said Coston tract a distance of 329 feet to a point, said point being the Northeast comer of said Coston tract; THENCE South along the East boundary line of said Coston tract a distance of 280 feet to a point, said point being the most Easterly Southeast comer of said Coston tract; THENCE Westerly along the South boundary line of said Coston tract a distance of329 feet to a point in the existing Reno city limits line as shown on Exhibit A to said "Agreement Apportioning Extraterritorial Jurisdiction Overlap"; THENCE Southerly, parallel to and 500 feet east of the East right-of-way line ofFM 1508 and along said agreed-upon existing Reno city limits line, a distance of 1,056 feet to a point in the existing Paris city limits line, said point being in the North boundary line of the Cox Field Airport property as described in deed from the United States of America to the City of Paris, recorded in Volume 308, Page 287, Deed Records, Lamar County, Texas, and being the same property annexed into the City of Paris and described in Ordinance No. 2169 of the City of Paris, passed and adopted on the 10th day of December, 1973; .. T THENCE North 87 Deg. 35 Min. 20 Sec. East a distance of2,794.05 feet along a fence line to a point; THENCE South 02 Deg. 03 Min. 10 Sec. East a distance of 101.80 feet along a fence line to a point; THENCE North 89 Deg. 52 Min. 25 Sec. East a distance of 1,516.48 feet along a fence line to a point; THENCE South 43 Deg. 39 Min. 30 Sec. East a distance of224.28 feet along a fence line to a point; THENCE North 89 Deg. 41 Min. 05 Sec. East a distance of 990.06 feet along a fence line to a point; THENCE South 53 Deg. 37 Min. 05 Sec. East a distance of 165.41 feet along a fence line to a point; THENCE South 88 Deg. 11 Min. 30 Sec. East a distance of733.79 feet along a fence line to a point; THENCE South 52 Deg. 41 Min. 30 Sec. East a distance of85.30 feet along a fence line to a point; THENCE South 04 Deg. 35 Min. 40 Sec. West a distance of 144.23 feet along a fence line to a point; THENCE South 89 Deg. 24 Min. 25 Sec. East a distance of 114.21 feet along a fence line to a point; THENCE South 45 Deg. 34 Min. 00 Sec. East a distance of 173.33 feet along a fence line to a point; THENCE South 00 Deg. 33 Min. 40 Sec. East a distance of 1,531.69 feet along a fence line to a point; THENCE South 88 Deg. 00 Min. 30 Sec. East a distance of279.36 feet along a fence line to a point; THENCE South 82 Deg. 41 Min. 25 Sec. East a distance of 601.45 feet along a fence line to a point, said point being in the existing Paris city limits line, and continuing a distance of204 feet to a point in the west right-of-way line ofFM 2121; THENCE Northerly along the West right-of-way line ofFM 2121 a distance of 4,223 feet to a point in said west right-of-way line, said point being 838.8 feet south from the South right-of- way line of the former Missouri-Pacific Railroad and also being 1/2 mile from the Southwest comer of the existing Sun Valley city limits line; THENCE along a curve to the left with a radius of2,640 feet and a distance of2,795 feet to a point in the South right-of-way line of US Hwy 82 East, said curve at all times being 1/2 mile from the Southwest comer ofthe existing Sun Valley city limits line, and said point being 1,352 feet West of the intersection ofthe West right-of-way line of County Road 2121 with the South right-of-way line of US Hwy 82 East; THENCE Westerly along the South right-of-way line of US Hwy 82 East a distance of 4,539 feet to the place of beginning, containing approximately 691.82 acres. T ,"f..ll. 15Ol1 (......a.T .n) . . "': '.f I .~t~ , tl~ ~,;'- 'i "'. ;1~ ~ ...~...'".: .*.i.;,,:---~-'~ .~ , . .' '" ~.~.. .,;; Jf.~ ..-/' " ".,..., -'.~ ., :..~;~ .} -~:~ 'I;, ...., ..t.... 'l.* .. ~>j~.>~,.-">-~ ';'!' . ~f-~: I~~~~ : '..~.I ~. [' :' ~.. '... " , ..""~~ ~ ",' . l-..._",... ~",. .,"*"-"1 i ~ . I .lIT.,ClJ'4 AD.: ..1 I I . I ~ :~"\~_:_:-. : ~~.> '~,A'''\:_ , \".) .-. t.. " t.,t:.. 1 R:~"~: ; l ~1.~~~_o \..:;' \.... 'i_;~~' ~ j \~:lt , tk ft[~- + ~ .. ~ '.t !;:'--> D,.,_:~. ~".. - .... . .. . PROPOSED DISANNEXATION - SEPTEMBER 2005 ''',