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06-B Disannexation State Hwy 19-24 DRAFT F:A TTORNEY\ORDWORKICURRNET\ Disannexation Ord. State Hwy 19/24.2005 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 120.01 ACRE TRACT OF LAND AT STATE HWY 19/24 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. 2005-110 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 a 120.01 acre tract ofland at State Hwy 19/24 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. 2005-110 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 areas 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, - "r WHEREAS, the City Council subsequently conducted a public hearing on the proposed disannexation at its regular meeting of October 24,2005; and, 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 120.01 acre tract ofland at US Highway 271 North, forming a portion ofthe current outer boundaries ofthe 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 areas disannexed herein, during the period of time said areas were located within the city limits ofthe 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 ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: John Lestock, Asst. City Attorney r EXHIBIT "A" PROPERTY DESCRIPTION DISANNEXATION OF 120.01 ACRE TRACT {State Hwy 19/24 South] BEGINNING at a point in the North Right-of-Way Line ofCR 11400, said point being 532 feet East of the intersection of the centerline of State Hwy 19/24 South and North Right-of-Way Line ofCR 11400; THENCE Southerly, parallel to and 500 feet East of the Centerline of the Right-of- Way of State Hwy 19/24 South, a distance of 5,211 feet to a point; THENCE Westerly, parallel to the North Right-of- Way Line of County Road 21400, a distance of 1,073 feet to a point; THENCE Northerly, parallel to and 500 feet West of the Centerline of the Right-of-Way of State Hwy 19/24 South, a distance of 5,225 feet to the North Boundary Line of County Road 21400; THENCE Easterly along the North Boundary Line of CR 21400 crossing State Hwy 19/24 South and continuing along the North Boundary Line ofCR 11400 to the place of beginning, containing l20.0l acres. PROPOSED DISANNEXATION - SEPTEMBER 2005 -..-...-"T""