05 Petition for disannexationCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Department:
Presented By:
Agenda Item No.:
09/24/08
Council Date:
City Attorney
W. Kent McIlyar
5.
09/29/08
RECOMMENDED MOTION:
Staff is not making a recommendation.
POLICY ISSUE(S):
Disannexation
BACKGROUND:
On September 15, 2008, City Clerk received a petition for disannexation filed by a
majority of the property owners of the Cobb Ranch Addition, comprising a 675.13 acre
tract of land on State Highway 271 South beginning three-quarters (3/4) miles southeast
of Loop 286 SE along the north right-of-way line Highway 271 South to a point southeast
of the Meadowbrook Cemetery and annexed in 1997. Staff reviewed the petition and
determined that city and state law requirements were met.
According to the City Engineer, the City has no infrastructure invested in this area
because the properties are served by Lamar County Water Supply District, have septic
systems, and own the roads in the subdivision. State law allows those being disannexed
to request a refund of taxes paid if the value of services they received from the City are
less than the ad valorem taxes paid. In evaluating just the fire, police and library services
provided since this area was annexed into the City, the City Finance Director determined
that the residents have received more than they paid for, regardless of whether one uses a
per capita, value, or area method of calculation.
BOARD/COMMISSION RECOMMENDATION:
EXHIBITS:
Ordinance; Charts reflecting value of services provided
ACTION:
BUDGET INFO:
❑ Financial Report ❑ Minute Order
Expense
$
❑ Department Report ❑ Resolution
Budgeted Amt.
$
❑ Presentation Z Ordinance
y'I'D Actual
$
❑ Public Hearing ❑ Other
Acct. Name
Acct. Number
FISCAL NOTES:
REVIEWED AND APPROVED BY:
~ Administration Z City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court Z Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities
City of Paris
Revised 2/04/08
. 000005
ORDINANCE N0.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
DISANNEXING 675.13 ACRES OF LAND FORMING A PORTION OF THE
CURRENT SOUTHEASTERN OUTER BOUNDARY OF THE CITY LIMITS OF
THE CITY OF PARIS, GENERALLY LOCATED ON STATE HIGHWAY 271
SOUTH, BEGINNING THREE-QUARTERS (3/4) MILE SOUTHEAST OF LOOP
286 SE ALONG THE NORTH RIGHT-OF-WAY LINE OF HWY 271 SOUTH TO A
POINT SOUTHEAST OF THE MEADOWBROOK CEMETERY, IN RESPONSE TO
A PETITION FOR SUCH DISANNEXATION FILED BY 17 QUALIFIED VOTERS
AND PROPERTY OWNERS FROM THE AREA REQUESTING DISANNEXATION;
MAKING A FINDING WITH REGARD TO THE VALUE OF CITY SERVICES
PROVIDED TO THE AREA COMPARED TO PROPERTY TAXES PAID BY THE
AFORESAID DISANNEXED LANDOWNERS; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE,
A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the City of Paris is in receipt of a petition signed by seventeen (17)
qualified voters who are owners of property within the 675.13 acres of land more particularly
described and depicted in Exhibit A attached hereto (the "Property") and incorporated herein
by reference seeking disannexation of the Property from the City of Paris, Texas, said Property
forming a portion of the current outer southeastern boundary of the city limits of the City of
Paris; and,
WHEREAS, Petitioners represent 51% or more of the qualified voters from the
proposed disannexed area and they assert that they are requesting disannexation of the
Property because of the Citys inability to provide adequate services to the Property; and
WHEREAS, the City Council, having reviewed the petition and exhibits for the
proposed disannexation hereby finds and determines that the proposed disannexation of the
Property is in the best interests of the City of Paris and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
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 accept and approve the petition for
disannexation of the Property, a copy of which is attached hereto and incorporated herein by
reference as Exhibit B.
1
UUUUOE>
Section 3. That by adoption of this ordinance, the City Council does hereby disannex
that Property currently within the boundaries of the city limits of the City of Paris, Texas, said
property consisting of 675.13 acres of land, more or less, and forming a portion of the current
southeastern outer boundary of the City of Paris, as said Property is more particularly
described in Exhibit A attached hereto and incorporated herein by reference.
Section 4. That the Property described in Exhibit A shall be, and is hereby upon the
effective date of this ordinance, in all things disannexed from the city limits of the City of Paris,
Texas.
Section 5. That in accordance with Section 43.148 of the Texas Local Government
Code, the City Council finds and determines that the value of services provided by the City for
the direct benefit of the property during the period of time said area was located within the
city limits of the City of Paris, equals or exceeds the amount of property taxes and fees
collected from the landowners whose property is located within the area disannexed herein.
Section 6. 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 of the City of
Paris as amended by this disannexation.
Section 7. That all provisions of the ordinances of the City of Paris, Texas in conflict
with the provisions of this ordinance are hereby repealed, and all other provisions of the
ordinances of the City of Paris not in conflict with the provisions of this ordinance shall
remain in full force and effect.
Section 8. That the repeal of any ordinance or part of ordinances affected by the
enactment of this ordinance shall not be construed as abandoning any action now pending
under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any
penalty accruing or to accrue, or as affecting any rights of the municipality under any section
or provisions of any ordinance at the time of passage of this ordinance.
Section 9. That it is the intention of the City Council of the City of Paris that this
ordinance, and every provision hereof, shall be considered severable, and the invalidity or
partial invalidiry of any section, clause, or provisions of this ordinance shall not affect the
validity of any other portion of this ordinance.
Section 10. Introduced and read on first reading on September 22, 2008, at a regular
meeting of the City Council of the City of Paris and read and passed on second reading on
September 29, 2008, at a special meeting of the City Council of the City of Paris; the same
being two (2) separate regular meetings of the City Council of the City of Paris.
2
. OOOUQi
Section 11. That this ordinance shall become effective from and after its passage of
the second reading and publication as required by law.
PASSED AND ADOPTED on second and final reading this 29th day of September, 2008.
Jesse James Freelen, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar City Attorney
3
. 000008
Situated SOIITH 70° EAST 4 MILES, more or less, of the City of Paris, County of
Lamar, and State of Texas, being a part of the John W. Williams Survey Abstract
No.1001, and the Joseph Leach Survey Abstract No. 524, and being more particularly
described as follows:
BEGINNING at a point in the south right-of-way line of U.S.Hwy 271 S. (Clarksville St),
said point being Southerly a distance of 345.90' along the west boundary line of said
Williams Survey and the east boundary line of said Leach Survey and Southeasterly
along the south right-of-way line of U.S.Hwy 271 S. a distance of 2,024.80', for the
northwest corner of that certain 5.04 acre tract of land described in deed dated December
7, 2005, to White, recorded in Vol. 1694, Pg. 100, Lamar County Official Public Records
(L.C.O.P.R.);
THENCE NORTH 21 ° 51' 07" EAST 110.65, to a point in the north right-of-way
line of U.S.Hwy 271 S. (Clarksville St);
THENCE SOUTH 54° 50' 30" EAST 7,142.35', along the north right-of-way line
of U.S.Hwy 271 S. (Clarksville St) to a point in said north right-of-way line;
THENCE SOUTH 22° 31' 39" WEST 102.32', to a point in the south right-of-way
line of U.S.Hwy 271 S. (Clarksville St), said point being the northeast corner of that
certain tract of land described in deed dated August 4, 1997, to Texas Conference
Association of Seventh Day, recorded in Vol. 710, Pg. 60, Lamar County Deed Records
(L.C.D.R.);
THENCE SOLITH 22° 31' 07" WEST 1,454.40', along the east boundary line of
said Texas Conference Association of Seventh Day tract, passing the southeast corner of
said tract and continuing along the east boundary line of that certain tract of land
described in deed dated January 1, 2006, to Ferguson, recorded in Vol. 1711, Pg. 61,
L.C.O.P.R., to a point in the east boundary line of said Ferguson tract and the south
boundary line of said Williams Survey;
THENCE SOLJTH 88° 33' S9" WEST 6,856.28', along the south boundary line of
said Williams Survey to a point being the southwest corner of said Williams Survey and
the southeast corner of said Leach Survey, said point also being the most easterly
southeast corner af that certain 152.11 acre tract of land described in deed dated August
19, 1993, to McLemore, recorded in Vol. 381, Pg. 129, L.C.D.R.;
THENCE NORTH 1° 02' S3" WEST 269.45, along the west boundary line of
said Williams Survey, the east boundary line of said Leach Survey and the west boundary
line of said NlcLemore tract to a point, continuing along said boundary NORTH 1° 06'
16" WEST 3,366.18', to a point in the center of the Big Sandy Creek, said point being in
the east boundary line of said Leach Survey, the west boundary line of said Williams
Survey, and being the southeast corner of that certain 15.78 acre tract of land described in
deed dated October 10, 2005, to Whaley, recorded in Vol. 1672, Pg. 15, L.C.O.P.R.;
ffiIBIT "A"
- UUUUoJ
THENCE along the center of said creek as follows: SOUTH 64° 37' 23" WEST
19.00' to a point, SOUTH 42° 37' 23" WEST 57.00' to a point, NORTH 83° 22' 37"
WEST 60.00' to a point, NORTH 27° 5213711 WEST 54.00' to a point, NORTH 12° 07'
37" WEST 103.00' to a point, NORTH 59° 07' 37" WEST 32.00' to a point, SOUTH 50°
52' 23" WEST 175.00' to a point, NORTH 70° 37' 37" WEST 119.00' to a point, NORTH
81 ° 22' 37" WEST 175.00' to a point, NORTH 59° 22' 37" WEST 91.00' to a point,
NORTH 82° 07' 37" WEST 96.00' to a point, NORTH 48° 52' 3'7" WEST 60.00' to a
point, NORTH 5° 22' 23" EAST 102.00' to a point, NORTH 30° 22" 37" WEST 67.00' to
a point, NORTH 70° 5213711 WEST 90.00' to a point, NORTH 59° 07' 37" WEST 530.00'
to a point, NORTH 66° 52 37" WEST 78.00' to a point, NORTH 51 ° 52' 37" WEST
58.00' to a point for the northwest corner of said Whaley tract;
THENCE NORTH 88° 56' 23" EAST 1,477.00', along the north boundary line of
said Whaley tract to a point for the northeast corner of said Whaley tract and the
southwest corner of that certain 4.93 acre tract of land described in deed dated February
26, 1992, to Xavier, recorded in Vol. 267, Pg. 185, Lamar County Real Property Records
(L.C.R.P.R.);
THENCE NORTH 1° 18' 26" WEST 629.57', along the west boundary line of
said Xavier tract to a point for the northwest corner of said Xavier tract;
THENCE NORTH 88° 17' 39° EAST 1,455.69', along the north boundary lines of
said Xavier tract, that certain 5 acre tract of land described in deed dated May 1, 1998, to
Oglesby, recorded in Vol. 771, Pg. 316, L.C.R.P.R., and those three certain 5 acre tracts
of land described in deeds dated December 12, 1997, to Strathern, recorded in Vol. 737,
Pg. 93, L.C.R.P.R., and January 22, 1992, recorded in Vol. 262, Pg. 45, L.C.R.P.R., to a
point in the north boundary line of said Strathern tract for the southwest corner of said
White tract;
THENCE NORTH 21 ° 51' 07" EAST 626.43, along the west boundary line of
said White tract to the POINT OF BEGINNING and containing 675.13 acres of land,
more or less, which 17.01 acres, more or less, is within the right-of-way of U.S.Hwy
271 S. (Clarksville St).
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Received
V-0
Date: Page 1 of 2
' of Paris
TO THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL OF THE CITY OFQRO!Wk
WE, the undersigned owners of the property described on Exhibit A, attached hereto, do
hereby petition the City of Paris to disannex this area out of the corporate limits of the City of Paris,
Texas because of the City's inability to provide adequate services to the area.
NAME (as appears on voter's
registration)
RESIDENCE ADDRESS
PRECINCT
NUMBER
VOTER'S
REGISTRATION N0.
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f SUPPLEMENTAL PAGEI I. ~ ZQC$
Date: 4. PETITION FOR DISANNEXATION I„ , ~ P
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~tr
TO THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL OF THE CITY OF PARIS:
WE, the undersigned owners of the property described on Exhibit A, attached hereto, do
hereby petition the City of Paris to disannex this area out of the corporate limits of the City of Paris,
Texas because of the City's inability to provide adequate services to the area.
NAME (as appears on voter's
registrarion)
RESIDENCE ADDRESS
PRECINCT
NUMBER
VOTER'S
REGISTRATION N0.
1
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August 2008
10-Petition For Disannexation.crtr - Page 1- Composite
PETITION FOR DISANNEXATION OF COBB RANCH ADDITION
TO THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL OF THE CITY OF PARIS:
WE, the undersigned owners of the property described on Exhibit A, attached hereto, do
hereby petition the City of Paris to disannex this area out of the corporate limits of the City of
D.._:~ To.,.. hP,.a,lsP „fthP ['itv's inabilitv to provide adequate services to the area.
i aaia, i.,..~.~
- - ' '
pRECINCT
VOTER'S
NAME (as appears on voter's
RESIDENCE ADDRESS
NUMBER
REGISTRATION NO.
registration)
1
2
.
Situated SOUTH 70° EAST 4 MILES, more or Iess, of the City of Paris, County of Lemar, an tate o exas, •
Abstract No. 1001, and the Joseph Leach Survey Abstract No. 524, and being more particularly described as follows:
BGGINNING a[ a point in the south right-of-way line of U.S. Hwy 271 S. (Clarksville St), said point being Southerly a distance of 345.90' along the west
bounJary line of said Williams Survey and the east boundary line of said Leach Survey and Soulheasterly along the south right-of way line of U.S. Hwy 271 S. a
distance of 2,024.80', f'or the northwest comcr of that certain 5.04 acre tract of land described in deed dated December 7,2005, to White, recorded in VoL 1694,
Pg. 100, Lamar Counry OfFicial Public Records (L.C.O.P.R.);
THENCE NORTH 21° 51' 07" EAST 110.65', to a point in the north right-of-way line o(U.S. Hwy 271 S. (Clarksville St); .
THENCE SOUTH 54° 50' JO" EAST 7,14235', along the-north right-of-wey line of U.S.Hwy 271 S. (Clarksville St) to a point in said north right•ot=way line;
amar
THENCE of hat cer TOn t act of land descr beA in deed dated Aug st 4~ 1south 997, rto Texas Confer nce Ass~oclsi on of(Se'venth'Day,trecorded' n Vbei ol. 71hOnPg'i60[Lcomer
County Deed Records (L.C.D.R.);
Tk1ENCE SOUTH 22° 3l' 07" WEST 1,454.40', along the east boundary line of said Texas Conference Associalion of Seventh Day Vact, passing the southeast
comer of said tract and continuing along the tast boundary line of thal certain tract of land described in deed dated )anuary 1,2006, to Ferguson, rocorded in Vol.
171 4, Pg. Gl, L.C.O.P.R., ro a pmnt in the eas[ boundary line of said Ferguson tract end the south boundary line ot'said Williams Survry;
THENCE SOUTH 88" 33' 59" WEST 6,856.28', along the south boundary line of said Williams Survey to a point being the southwest comer of said Williams
$urvey and the southeast comer of said Leach Survey, said point also being tho most easterly soatheast comer of that certam 152.1 1 acre trect of land described
i in deed dated August 19, 1993, to McLemorq recorded in Vol. 3 8 I, Pg. 129, L.C.D.R. ;
THENCE NORTH I" 02' 53" WEST 269.45', along [he west boundary line of said Williams Survey, the eest boundary line of said Leach Survey and the west
boundary line of said McLernore tract to a point, continuing along said boundary NORTH I' 06' 16" W EST 3,366.1 8', to e point in the center of the Big Sandy
certa n IS 78 acretracgof land descrbedan deetd da edaOc oberh10,2005, to Whaley, rccorded in Vo1.51672, Pg815, L.C.O pRd being the southeast comer of that
THENCE along the center of said creek as follows: SOUT}164° 37' 23" WEST 19.00' to a point, SOUTH 42° 37' 23" WEST 57.00' to a point, NOR7H 63° 22'
37" WBST 60.00' to a point, NORTH 27" 52' 37" WEST 54.00' to a point, NORTH 12° 07' 37" WEST 103.00' to a point, NORTH 59° 07' 37" WEST 32.00' to
a point, SOUTH 50" 52' 23" WEST 175.00' to a point, NORTH 70°37' 37" WBST 119.00' to a point, NORTH 81° 22' 37" WEST 175.00' to a point, NORTH
59" 22 37" WEST 91.00' to a point, NORTH 82° 07' 77" WEST 96.00' to e point, NORTH 48"52' 37" WEST 60.00' to a point, NORTH 5° 22' 23" EAST
102.00' to a point, NORTH 30° 22' 37" WEST 67.00' to a point, NOR'IH'IO° 52' 37" WEST 90.00' to a point, NORTH 59° 07' 37" WEST 530.00' to a point,
NORTH 99° 52' 37" WEST 78.00' to a point, NORTH S 1° 52' 37' WEST 58.00' ro a point for the northwest comer of said Whaley uacr,
THENCE
east I o southwesO[ come8 of lla?certam s4.93 4 cretract 'ofgand deschibed i~n deed da ed$F bruary 2Gtri992, t point n Vol. 267~Pga' 85, Lamar rCounty
Real Property Records (L.C.2.P.RJ; THENCE NORTH 1" 18' 26" WEST 629.57' along tbe west boundary line of said Xavier vact to a point for the nor[hwest comer of said Xavier vacr,
THENCfi NORTH 88° 17' 39" EAST 1,455.69', along the noRh boundary linos of said Xavier vact, that cenain 5 acre tract of land described in deed dated May
I, 1998, to Oglesby, recorded in Vol. 771, Pg. 316, L.C.R.P.R., and those three artain 5 acre tracts of land described in deeds dated December 12,1997, to
Strathern, recorded m Vol. 737, Pg• 93, L.C.R.P.R., and January 22,1992, recorded in Vol. 262, Pg. 45, L.C.R.P.R., to a-point in the north boundary line of said
Svathem tract tbr tlu southwest comer of said White tract;
THENCE NORTH 21" 51' 07" EAST 626.41', along the west baundary line of said White tract to the POINT OF BEOINNING and containing 675.13 acres of
land, more or less, which 17A1 acros, more or less, is within the right•of-way of U.S.Hwy 2715. (Clarksvillo St).
rl,n//
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, 000014
Value of Services Provided - Per Capita Method
Proposed 2008 Cobb Ranch Disannexation
Actual Department Expenditures
Year Police Fire Library
1998
$
4,001,644
$
2,506,299
$
620,041
1999
$
4,283,524
$
3,351,317
$
706,498
2000
$
4,694,935
$
3,125,723
$
682,798
2001
$
4,616,827
$
4,286,691
$
729,600
2002
$
4,982,911
$
3,248,165
$
720,407
2003
$
5,171,804
$
3,177,374
$
1,026,736
2004
$
5,156,458
$
3,363,719
$
792,023
2005
$
4,977,605
$
3,346,793
$
595,787
2006
$
4,679,748
$
3,023,230
$
601,137
2007
$
4,807,872
$
3,122,179
$
562,117
Total
$
47,373,328
$ 32,551,490
$
7,037,144
40 Population of proposed disannexation area
26000 Total population of city
0.0015385 Percentage of disannexed population to total city population
$ 86,961,962 Total of police, fire, and library expenditures since annexation
0.0015385 Percentage of disannexed population to total city population
$ 133,787.63 Total per capita value of police, fire, & library services provided since annexation
$ 133,787.63 Total per capita value of police, fire, & library services provided since annexation
$131,088.72 Total ad valorem taxes paid since annexation
($2,698.91) Net revenue benefit/(loss) to City
City of Paris 000015 Revised 8/21/08
~
Value of Services Provided - Value Method
Proposed 2008 Cobb Ranch Disannexation
Actual Department Expenditures
Year
Police
Fire
Library
1998
$
4,001,644
$
2,506,299
$
620,041
1999
$
4,283,524
$
3,351,317
$
706,498
2000
$
4,694,935
$
3,125,723
$
682,798
2001
$
4,616,827
$
4,286,691
$
729,600
2002
$
4,982,911
$
3,248,165
$
720,407
2003
$
5,171,804
$
3,177,374
$
1,026,736
2004
$
5,156,458
$
3,363,719
$
792,023
2005
$
4,977,605
$
3,346,793
$
595,787
2006
$
4,679,748
$
3,023,230
$
601,137
2007
$
4,807,872
$
3,122,179
$
562,117
Total
$
47,373,328
$ 32,551,490
$ 7,037,144
$ 3,636,848 Taxable value of proposed disannexation area
$ 1,509,422,969 Total taxable value in city
0.0024094 Percentage of disannexed value to total city value
$ 86,961,962 Total of police, fire, & library expenditures since annexation
0.0024094 Percentage of disannexed area to total city
$ 209,528.70 Total value of police, fire, & library services provided since annexation
$ 209,528.70 Total value of police, fire, & library services provided since annexation
$131,088.72 Total ad valorem taxes paid since annexation
($78,439.98) Net revenue benefit/(loss) to City
City of Paris - 000016 Revised 8/21/08
Value of Services Provided - Area Method
Proposed 2008 Cobb Ranch Disannexation
Actual Department Expenditures
Year
Police
Fire
Library
1998
$
4,001,644
$
2,506,299
$
620,041
1999
$
4,283,524
$
3,351,317
$
706,498
2000
$
4,694,935
$
3,125,723
$
682,798
2001
$
4,616,827
$
4,286,691
$
729,600
2002
$
4,982,911
$
3,248,165
$
720,407
2003
$
5,171,804
$
3,177,374
$
1,026,736
2004
$
5,156,458
$
3,363,719
$
792,023
2005
$
4,977,605
$
3,346,793
$
595,787
2006
$
4,679,748
$
3,023,230
$
601,137
2007
$
4,807,872
$
3,122,179
$
562,117
Total
$
47,373,328
$ 32,551,490
$ 7,037,144
668.3 Acres in proposed disannexation area
25075.2 Total acres in city
0.02665183129 Percentage of disannexed area to total city
$ 86,961,962 Total of police, fire, & library expenditures since annexation
0.02665183129 Percentage of disannexed area to total city
$ 2,317,695.54 Tota) value of police, fire, & library services provided since annexation
$ 2,317,695.54 Total value of police, fire, & library services provided since annexation
$131,088.72 Total ad valorem taxes paid since annexation
($2,186,606.82) Net revenue benefit/(loss) to City
City of Paris 000017 Revised 8/21/08