12-A Request to Disannex 2.50 acres on FM 195 - Ables Property
DRAFT
F:ATIORNEY\ORDWORK\CURRNET\ Oisannexation Ord. Ables 2.50 ac tract 2006
April 25, 2006
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, PURSUANT TO CHAPTER 7 OF THE CITY CHARTER
AND SECTION 43.142 OF THE LOCAL GOVERNMENT CODE,
DISANNEXING A 2.50 ACRE TRACT OF LAND AT THE
SOUTHEASTERLY BOUNDARY LINE OF FM 195, APPROXIMATELY 530
FEET NORTHEAST OF LAKESHORE DRIVE, FORMING A PORTION OF
THE CURRENT OUTER BOUNDARIES OF THE CITY LIMITS OF THE
CITY OF PARIS, IN RESPONSE TO A PETITION FOR SUCH
DISANNEXATION FILED BY BOB D. ABLES AND SANDRA L. ABLES;
MAKING A FINDING WITH REGARD TO POTENTIAL REFUNDS OF
PROPERTY TAXES TO THE AFORESAID DISANNEXED LANDOWNERS;
MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Paris is in receipt of a petition from Bob D. Ables and Sandra L.
Ables seeking disannexation of a 2.50 acre tract of their property, which forms a portion of the
current outer boundaries of the city limits of the City of Paris; and,
WHEREAS, the aforesaid property for which disannexation is sought is less than one-half
mile in width, is contiguous to the boundaries ofthe City of Paris, and is populated by less than three
qualified voters; and,
WHEREAS, the City Council, having heard the aforesaid petition and the arguments for and
against the aforesaid proposed disannexation, desire to grant the petition as requested; 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 the City Council does hereby in all things grant and approve a petition for
disannexation, a copy of which is attached hereto and for all purposes incorporated herein as Exhibit
A, filed by Bob D. Ables and Sandra L. Ables seeking the disannexation of certain property owned
by Bob D. Ables and Sandra L. Ables, as such property is described in that exhibit attached hereto
and for all purposes incorporated herein as Exhibit B.
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Section 3. That the aforesaid property proposed for disannexation is one-half mile or less in
width; is contiguous to the current outer boundaries ofthe City of Paris; and is populated by less than
three qualified voters.
Section 4. That by adoption ofthis ordinance, the City Council does hereby disannex that
tract ofland currently forming a portion ofthe outer boundaries ofthe city limits ofthe City of Paris,
said tract of land consisting of 2.50 acres of land on the Southeasterly Boundary Line of FM 195
approximately 530 feet Northeast of Lake shore Drive, as said property is more specifically described
in Exhibit B attached hereto and for all purposes incorporated herein.
Section 5. That the aforesaid property described in Exhibit B 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 6. That the City Council finds and determines that, in accordance with Section
43.148 of the Texas 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 area was located within the city limits of the City of Paris,
equals or exceeds on a pro rata basis the amount of property taxes and fees collected from the
landowners whose property is located within the area disannexed herein.
Section 7. That from and after the date of final adoption of this ordinances, the boundaries
ofthe 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 8. That this ordinance shall be effective June 1, 2006.
PASSED AND APPROVED on this 8th day of May, 2006.
Curtis Fendley, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
John D. Lestock, Assistant City Attorney
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APPLICATION FOR
DISANNEXATION
NAME OF APPLICANT(S): 15c::>J, J)r IJ-hLes ~IJNbRIJ L. Ahles
MAILING ADDRESS: 7(-1- ID BOK 3/:J- PM;"? J;&. ??Z/ (p 2-
,
TELEPHONE NUMBER: '!03-7~f-()057 ~. Qo3-- 7~C;-1f37/
VOTING DISTRICT NUMBER: 4- &-
(this information may be obtained through the City Clerk of the City of Paris)
VOTER REGISTRATION NUMBER: 9!Joo /C? "Z
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ADDRESS OF PROPERTY: Pr 7 W ft'5 t"N5SC<I'(/(..1 T~+ J...5; I)e;-es ,1. s-o F m ,q5"'
12+ i 0 ~D~ 3M- I P4;2,s ~ 51./62-
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.
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.
YJ/liJ-U-,A,
Applicant(s) Signature
~nk d:. tZt4
A licant(s) Signature
0-11 'o~
Date
1-II-Ok
Date
EXHIBIT .A.
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To the City of Paris:
Since being annexed by the City of Paris~ approximately 3 years ago~ we have received
absolutely nothing for our increase in property taxes. We have no sewage~ no additional
police protection~ we are on Lamar County Water and our fire protection has actually
decreased! !
We have the Faught Volunteer Fire Dept. approximately 150ft. from our property ~as well
as the Reno Fire Dept. approximately 50 ft. from our property~ neither of which can be
first contacted due to the fact that the City of Paris Fire Dept. has to be first notified in
case of an emergency.
Our sewage has cost us well over $10~OOO in plumbing expenses. As recently as this
month~ we have had to replace our clear water system spending $1~500 ourselves:
whereas~ the City of Paris has been no help with this utility expense.
As is clearly evident~ not only have we received zero benefit from city annexation~ we are
in greater peril from the governmental acquisition than we were before. We request for
our safety as well as wasted tax dollars to be de-annexed from the City of Paris.
Sincerely~
Bob & Sandra Ables
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i~Ol APR 16 PH J: 08
...1 f.:r.D NOT~:--~;
-..-.---- ....-
L1NO.l\ f:lInDlITH Situated about; }~ miles N01'~h 5u
COUNTY CLERK Dc!!;. l-:a:;t of the Ci.ty or Paris, Cou(.ty
~~BY OEPUTY: of Lamar, and .Sta~e or Texas, a par'l.;
of.the Wesley ASKlns Survey #6, and
bcinB a part or a 6.62 acre tract of '
land.conveycd l~etc Pa.d,:,~,,(Inc. by..
deed ):ccordcd 1n Vol. ." ..', Pa~c. .' ,
of the Deed Records of-sald County-and
State.
necinnin~ at an iron pin for cor-
nor in the South nOllnd..\.y Line or s,"rl
6.6? QC~C t~Qct of l~nd, said point
. boi.nc; "lost Q distnnco of 166 ft. from
~ho Southuont cornor or Gnmo.
Thence North }1 Do~. West n d1s-
tonco O.r 620 ft. to an iron pin for
COl.'nor.
Thence olon~ the Southeasterly
Doundary Lino of Form Rond 195 South.
56 Des. West 9. rlistnnce of 1~0.5 ft. "
to an iron pin for corner;
Thence South 46 Dc~. West n dis-
tance o{ G} ft. ~o on iron pin for
cornor ";
'.3 :>.~~. r.1.\ot a diulo"n~.-: ('.r 2~5.5 ft. to an iror.
,
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lof" ,'. 0
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,
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...... 7,1 ".
" ; . Co 1 r u~.,
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ThoncQ South
pin for cornot';
Thcl\c~ SO\Itl' '.5 Dc(!:. Host a di:;llU\CQ t:J1' 105 fl. to an iron
pill for cornct',
'l'ocr-tCC :>0\11.1\ 112 tlcC;. ,f-ost a di5tonco of ?}O ft. to n. po:;t
fOl' co\"ncr; "
o "Thence Eoot 0 tllot;anco of 2}0 fl. to lhe place of bC(,;inninE;
"no' co.nL(\inin~ 2.50 ~Cl'es of land.
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EXHIBIT "A"
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[Space Above This Line For Recording Data]
DEED OF TRUST
THIS DEED OF TRUST ("Security Instrument") is made on .....F.e.br.uax:y................,....1.9.9B......... . The grantor
. BOBBY DON ABLES ----
IS ............................................................................................................................................... ........................................
.......................................................................................................................................................................................
("Borrower"). The trustee is .......... ... .T.... ...BRADLEY... PERRY... ....... ....... .... ... ........... ....... .... .... ..... ......... ....... .... ........ ..... ... ...
... ........ ...... .............. ..... ............ . whose address is .....~.5... s....... J?l..a.?i.a....(. J?... 'O......Bo.~...l.7..5 0..>..... ................. .................
..P.ar.is.,....T.~as......1.5.4.6.Q.......................... ("Trustee"). The beneficiary is ..........p.eapl.es...N.a.tioDa~..............
..~~~.~.~...J??.fJ.~.,....:r.g~~~........................................................................................ . which is organized and existing under
the laws of JJ)..~....v..nJ:!:;~g...I?.t.~t.~.~....9.t...Am.ex:.i!::a..................................... , and whose address is ..............................
~~...J?.~. ...PJ.??i.~...J.:P..!.Q.!....~9.~....1.:z.5.Q.}.,....Earis.......T.exas.... ..... ..... .....,.......... ("Lender"). Borrower owes Lender
the ,rinciPa' sum of .....;:Jght.Y....t~Q....t.b.QU s.ao.d.. .On e. ..H.undr.ed... Sev:en.t ~"..F.i:ve. ..and. ...... ..... ....... ......
1).9. .J.9..9............... Dollars (U.S. $.J3.Z....l.7..5...O'O................). This debt is evidenced by Borrower's note dated the same
date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due
and payable on .....Mg.~.~h....l..I.....~.Q.13........................... . This Security Instrument secures to Lender: (a) the repayment of
the debt evidenced by the Note, with interest, and all renewals, extensions anti modifications of the Note; (b) the payment of
all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) 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
....................... ....... MP-mar............... ..... .................. ......... .......... .... County, Texas:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF, JUST AS
IF COPIED HEREIN VERBATIM.
which has the address of .............R..Qu.te...l0.*-...Box...3.1.2.,.....F.M...l.9.5........ , ................-P..(g:.:h~.................................... ,
[Streett ICityl
T 754 6 0 ("P rt Add . ,,).
exas ............................... rope y ress,
[Zip Codet
TEXAS--Single Family-Flnnle MaelFreddle Mac UNIFORM INSTRUMENT
Form 3044 9190 (POllt I (lf6POllts)
BANKERS SYSTEMS. INC.. ST. CLOUD. MN 56302 (1-800.397-2341) FORM MD-t-TX 216191
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EXHIBIT ~
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