06-A Disannexing 4.6 ac on Hwy 19-24
DRAFT
F:A TTORNEY\ORDWORK\CURRENTI Cooper Butane 2006
November 16,2006
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 TRACT OF LAND FORMING A PORTION OF THE
CURRENT OUTER BOUNDARIES OF THE CITY LIMITS OF THE CITY
OF PARIS, IN RESPONSE TO A PETITION FOR SUCH DISANNEXA TION
FILED BY ATTI CORP. D/B/A COOPER PROPANE COMPANY; 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 Atti Corp. d/b/a Cooper
Propane seeking disannexation 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 Atti Corp. d/b/a Cooper Propane Company seeking the disannexation of certain property
owned by Cooper Propane Company, as such property is described in that exhibit attached hereto
and for all purposes incorporated herein as Exhibit B.
ro,
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 of this ordinance, the City Council does hereby disannex that
tract ofland currently forming a portion ofthe outer boundaries of the city limits of the City of Paris,
said tract of land consisting of 4.6 acres, more or less, forming a portion of the current outermost
boundary of the City of Paris, 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
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 8. That this ordinance shall be effective January 1,2007.
PASSED AND APPROVED on this 27th day of November, 2006.
Richard Manning, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
John D. Lestock, Assistant City Attorney
Received
APPLICA TION FOR
DISANNEXA TION
NOV 0 6 200S
Git:( of Paris
CIty CIeri"
NAME OF APPLICANT(S):Atti Corp. dba Cooper Propane Co.
MAILING ADDRESS: P.O. Box 1153
Physirill 3015 S Chlfrch
TELEPHONE NUMBER: 903-785-6461
VOTING DISTRICT NUMBER:
(this information may be obtained through the City Clerk of the City of Paris)
VOTER REGISTRA nON NUMBER:
345h&'
ADDRESS OF PROPERTY: 3015 S. Church
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:
* Solid Waste collection proviclpcl hy ()Iltside vendor Not the City.
* Water provided by Lamar County Water
* No Sewage Service. Currently on septic system.
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.
~~~4Ut~~
/1/7 lOb
Date
Applicant(s) Signature
Frank H. Miller, President
Applicant(s) Sig~ature
Date
EXHIBIT A
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That We ,
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I i!ill~U1 ~U fflrn hy (i;JlrBrJlrts~nIB'
LAtWi . ~.,
\\'M. CLAUDE WALKER andi wife,' COIlNc:LIA A. WALKBft,
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IID-W4"""'''Tf 0110
WI1~ ~tutr nf IDrxus,
Cllount!} of
of the County of
Lamar,
Slate of
for 'and in consideration
Texa 5,
of the 3um of
Ten and nO/IOO ($10.00) - ~ - - ... - - - _ _ _ _ _ _ __ _ _ _ DOLLAns
to Us in Iiand paid by
THE; COOPER BUTANE COI"J-ANY,
as foilow3::
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In cash, and other good and valuable considerat.ions, recei"pt of
all of which in full is hereby acknowledged; ,
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have Granted, Sold, and Conveyed, and by these presenta dQ Crant.S~J1 and .Conv'ey; unio the said
'!'Hi.!; COOPER BUTANE OOMP ANt, : a corporat icin, .
of the Connty of De 1 ';;.:: . Slat~ of rex~s , all lh~l ceniin
trect or parcel of land in Lemar COljnty,. T!'xas,described as follows:'
J\ part ot \.h~ ':a,J:es' ::Jour ...Ell."; .:JurvaYand Ofelle, i'nird Iract,' con-
ta~ing 55 acres, described ill deed from J. E. Crowley and wife, Del.1a
'CfOwley, to Wm. Clauda Walkef and Wife, Co"'eli. A. Walker, datad , " ,
December 4, 1945 and recorded in Book 2P6, Page 107, LanaI' County Deed
' RIlc:ords, described by metes'andboundS Qsfollows:
. '" BEGINNING at a stake in the EBline of. State Highway 24 at .the
IIw cO"'a" of tha tfact of land 'onveyad by Alvin ToylOf ahdwlfa,
Chrht~ne Taylor, to Weldon Oyler and wife, Dorothy Jean Oyler, On .
,Fa bfU. fy 29, 1952 by d aad facofdad ln Book 320, Page, 307, Le.. f Couno y
Deed Records: .
.THENCE with the EB line of State Highway 24,tforth.220 40.' East
.364 feet, an iron stake'j:
.' 1'H.F1lCEEast 220 401 .:louth, ai right angles to said highway, 260
feet,. another iron stake: .
. , THENCE South 220 40 I West 239 feet,more or less, a stake. inthe
NB line of said Taylor-Oyler tract of'landj
, THENCE West with its NB line 292 feetd to the place of beginning., ..'
COnCalnlng 1,8 aCfaa of land. mofa 0' 1a..; ,oferan.. bolngmade to the.d::'
abovementioned ,instruments and records tor all necessary purposes. .
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TOHAVEANDT 304-,4:.
o HOLD the above de~cribed premile~ to eth' ,
and appurtenances. thereto'. ' ' g er with. all and .ingular the. rights
In anywise belonging unto the said T .
its successors or HE COOPEH BUTANE COf4PAtlY,
ourseives, our
Forever Defcllll. :Ill and
COMPANY, its successors
.x oiJ'SlCKI)\ .
llSSlgIlll forever and we d
o hereby bind
heirs, executors and ad ,.,
mlnlstrators, to \Varrant and
unto the said THE COOPER BUTAN E
singular ihe said premises
J\NKXa d' ,
n. assigns. against eve .
. . . ry .,pe~son whomsoever
thereof.
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WITNESS QUI'
this 4 th
hal1lP
at
September
day of
Witne~s at request of Grantor :
"C.'
,'OiNT ACKNOWLEUCM,,"'T
TIlE STATE OF TEX/.:"
COUNTY OF LAl'f.A R.
BEFORE }.IE. ,he undcraigm:d. a Notary Public In.and lor ..;.l CoulllY .I\ll~t"t., ,,:I ,hi. ,1.yp,,,oo.lIy app..<<1I
. .
WM. CLAUDE WALKER.
and
CORNELIA A . w.tKi'n
. . his v;i1e. both
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known to m.e to be the penons whose nam.. arc subscribed totlte (o<<going in.trumenl. an,1 ackn"wledgell to nle iha'
they each executed the same (orllte purposes and con.idcUI i-lR therein e"1're$lell. and Ihe .ai.1
CO.RNELlA A.WALKER. ,wileo(thClahl WM. CLAUDi:; v~ALK:::h,
. havins beell cxaminedby me privily and ~parl IrOln hor. hu.band. and h~,iog Ih. <'01' lully ral.lainod 10 "H. ,he, Ihe
said CORNELl Ai.. vIA LKER, 'aclmowlodgrd suchin'lr~meol 10 h. hte a<l ~nd .Iwl. and 'h.
deelared :Ihll .i.. h.d. willingly oisoed Ihe.allle (orlho pur~'''.s IIml coo.;.l"all"n Iherein r~pr"'col. alld. th.l,he did 001
.wish to relr~cl iI,
GIVEN UNDEH MY !lAND A:\ll SI~..\I. 01: OFFleR. Ihi. Ih. II d.y 01 sap'ie'~beyt.. .D: 19. f2 ;
_",_,,_."'1t?-""'i~JL:,',::~.,.:~L,
I'ol.ry Public in aod lor Lamar . ',.'. .\C"\I~.t>, :r,;~'
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EXHIBIT "A"
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107/. 90
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58900/'11" W 6' 97.58'
, ..... ,.5.eL.Lr:Q.G.LO.d....
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FIELD NOTES
IDe scription of a 7.94 acre tract of land located on the East side of State
Highway No. 24 approximately 1/3 mile from the intersection with Loop 286.
/.. Said 7.94 acre tract being part of the George ..Bason Survey, Lamar County,
Texas, also part of a 46 acre tract conveyed to Weldon Oyler and 0ife
I Dorothy Jean Oyler by Deed recorded in Volume 320, Page 307 of Deed Records
of Lamar County, Texas and being more particularly described as follows:
BEGINNING at an iron rod in the East Boundary line of said State Highway No.
24 and being the Northwest corner of said 46 acre tract and the Southwest
corner of a tract conveyed to Cooper Butane by Deed recorded in Volume 392,
Page 429 of the Deed Records of said County;
THENCE North 890 01' 11" East with the North line of said 46 acre tract a
distance of 1071.90 feet to the Northeast corner of said 46 acre tract in
the center line of a creek. Set iron rod for reference South 890 01' 11"
West a distance of 20 feet;
'T'HENCE with center line of said creek as follows: South 00 58' 52" West
24.82 feet; South 210 04' 05" West 24.25 feet; Sout~:~Oo 47' 37" West 7b,98
feet; South 190 18' 45" West 65.0Q feet; ~outh J40 58' 54" West 114.56
feet; South 40 26' 54" West 86.99 feet; South 6 41' 38" West 33.18 feet to
an iron rod set for the Southeast corner;
THENCE South 890 01' 11" West a distance of 697.58 feet to an iron rod set
in the East line.of a 1.00 acre tract;
rHENCE North 220 39' 45" East a distance of 63.00 feet to the Northeast
corner of said 1.00 acre tract - a metal fence post for corner;
THENCE North 650 36' 00" West a distance of 346.40 feet to an iron rod, the
Northwest corner of said 1.00 acre tract, the West line of said 46 acre
tract and being in the East line of said Highway No. 24;
thence North 22040' East a distance of 182.50 feet to the PLACE OF BEGIN-
NING containing 7.94 acres of land.
I hereby certify that this survey was made by me this date and conforms to
the current Texas Surveyors ~ssociation Standards and Specifications.
Surveyed August 25, 1987
by: ~/L7?c~
Elbert S. Nance
Registered Public Surveyor, No. 2622
NANCE ENGINEERING AND SURVEYING COMPANY
HR 6, BOX 407
PARIS, 'TX 75460
DcED 713 PACE 578
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sa!r 01'//" W 6' 5} 7. 5'8'
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FIELD NOTES
/
I Description of a 7.94 acre tract of land located on the East side of state
Highway No. 24 approximately 1/J mile from.the intersection with Loop 286.
;' Said 7.94 acre tract being part of the George Bason Survey, Lamar County,
Texas, also part of a 46 acre tract conveyed to Weldon Oyler and wife
I Dorothy Jean Oyler by Deed recorded in Volume J20, Page J07 of Deed Records
of Lamar County, Texas and being more particularly described as follows:
BEGINNING at an iron rod in the East Boundary line of said state Highway No.
24 and being the Northwest corner of said 46 acre tract and the Southwest
corner of a tract conveyed to Cooper Butane by Deed recorded in Volume 392,
Page 429 of the Deed Records of said County;
THENCE North 890 01' 11" East with the North line of said 46 acre tract a
distance of 1071.90 feet to the Northeast corner of said 46 acre tract in
the center line of a creek. Set iron rod for reference South 890 01' 11"
West a distance of 20 feet;
'T'HENCE with center line of said creek as follows: South 00 58' 52" West
24.82 feet; South 210 04' 05" West 24.25 feet; Sout~:~Oo 47' 37" West 7b.98
feet; South 190 18' 45" West 65.00 feet; South ~40 58' 54" West 114.56
feet; South 40 26' 54" West 86.99 feet; South 6 41' J8" West 33.18 feet to
an iron rod set for the Southeast corner;
THENCE South 890 01' 11" West a distance of 697.58 feet to an iron rod set
in the East line.of a 1.00 acre tract;
9"HENCE North 220 39' 45" East a distance of 63.00 feet to the Northeast
corner of said 1.00 acre tract - a metal fence post for corner;
THENCE North 650 36' 00" West a distance of 346.40 feet to an iron rod, the
Northwest corner of said 1.00 acre tract, the West line of said 46 acre
tract and being in the East line of said Highway No. 24;
thence North 220 40' East a distance of 182.50 feet to the PLACE OF BEGIN-
NING containing 7.94 acres of land.
I hereby certify that this survey was made by me this date and conforms to
the current Texas Surveyors ~ssociation Standards and Specifications.
Surveyed August 25, 1987
by: ~L'7?c~
Elbert S. Nance
Registered Public Surveyor, No. 2622
NANCE ENGINEERING AND SURVEYING COMPANY
RR 6, BOX 407
PARIS, 'n 75460
EXHIBIT B.
DcED 713 PhCE 578
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EXHIBIT .a
PROPOSED DISANNEXATION
COOPER PROPANE CO.
NOVEMBER 2006
SCALE: 111=300'