2008-035-ORD-DISANNEXING 675.13 ACRES OF LAND FORMING A PORTION OF THE CURRENT SOUTHWESTERN OUTER BOUNDARY OF THE CITY LIMITSORDINANCE NO. 2008 -035
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 City's 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.
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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 invalidity 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.
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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.
ATTEST:
nice Ellis, City Clerk
APPROVED AS TO FORM:
esse Ja es Freelen, Mayor
r _ __.
Situated SOUTH 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 27 IS. (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 210 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 540 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 220 31' 39" WEST 102.32', to a point in the south right -of -way
line of U.S.Hwy 2715. (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 SOUTH 220 3 P 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 SOUTH 880 33'59" 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 of 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 10 02'53" 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 McLemore 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"
_ _ __ T __
THENCE along the center of said creek as follows: SOUTH 64° 3723" WEST
19.00' to a point, SOUTH 42° 37'23" WEST 57.00' to a point, NORTH 830 22'37"
WEST 60.00' to a point, NORTH 270 52137" 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 500
S2'23" WEST 175.00' to a point, NORTH 70° 3737" WEST 119.00' to a point, NORTH
810 22'37" WEST 175.00' to a point, NORTH 59° 22' 37" WEST 91.00' to a point,
NORTH 820 07'37" WEST 96.00' to a 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, 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 10 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 880 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 210 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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eceived
ETITION FOR DISANNEXATION
Date: Page 1 of 2
c CO of Pads
TO THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL OF THE CITY 0
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 RESIDENCE ADDRESS PRECINCT VOTER'S
NUMBER REGISTRATION N0.
registration)
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EXHIBIT "B"
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(SUPPLEMENTAL PAGE1 L 2a
PETITION FOR DISANNEXATION
Date: D v U C 1CP10 oft
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
registration)
RESIDENCE ADDRESS
PRECINCT
NUMBER
VOTER'S
REGISTRATION NO.
1
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August 2008
10- Petition For Disannexation.crtr - Page 1 - Composite
PETITION FOR DISANNEXA.TION 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
Paris, Texas because of the City's inability to provide adequate services to the area.
PREGINCT VOTER'S
NAME (as appears on voter's RESIDENCE ADDRESS NUMBER REGISTRATION NO.
Situated SOUTH 70° EAST 4 MILES, more or less, of the City of Paris, County of Lamar, and State of Texas, being apart 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 paint being Southerly a distance of 345.90' along the west
boundary line of said Williams Survey and the east boundary line of said Ltract each 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 comer of that certain 5.04 acre 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 1 10.65', to a point in the north right -of- -way line of U.S. Hwy 271 S. (Clarksville St);
Fway line ofU.S.Hwy 271 S. (Clarksville St) to a point in said north right-of-way line;
THENCE SOUTH 54° 50' 30" EAST 7,142.35', along the -north right-of-
THENCE SOUTH 220 3I' 39" WEST 102.32', to a point in the south right- of-way line of U.S.FIwy 271 S. (Clarksville St), said point being the northeast comer
of that certain tract of land described in deed dated August 4, 1997, to Texas Conference Association of Seventh Day, recorded in Vol. 71 0, Pg. 60, Lamar
County Deed Records (L.C.D.R);
nference Association of Seventh Day tract,
THENCE SOUTH 22° 31' 07" WEST 1,454.40', along the east boundary line of said Texas Co eed dated January 1,2006, to Feergrg uson, recorded in Vol.
passing the southeast
comer of said tract and continuing along the east boundary line of that certain tract of land described in d
171 I, 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 and the southeast 3comer of said Leach Survey, said point also being the said Williams
easterly southeast comer of thatcer being southwest comer of said
acre tract of land described
in deed dated August 19, 1993, to McLemore, recorded in Vol. 3 8 1, Pg. 129, L.C.D.R. ;
THENCE NORTH V 02' 53" 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 McLernore tract to a point, continuing along said boundary NORTH 1 ' 06' 16 "WEST 3,366.1 8', 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 comer 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.;
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" 52' 37" WEST 54.00' to a point, NORTH 12'07' 37" WEST 103.00' to a point, NORTH 590 07' 37': 32.00' to
59022' SOUTH
WES 50'
91 23" WEST
a point' NORTH 82o07t' 37NORTH
" WES T96 00' to a point, NORTH 48"52' 37"" WEST 160003lo a point,INORTH 5° 22'123" EAST
102.00' to a point, NORTH 30° 22' 37" WEST 67.00' to a'point, NORTH 70° 52' 37" WEST 90.00' to a point, NORTH 59° 07' 37" WEST 530.00' to a point,
NORTH o a 52' 37" WEST 30' 2 to a point, NORTH 51° 52' 37" WEST 58.00' to a point for the northwest corner of said Whaley tract;
THENCE NORTH e along north boundary Whaley r e oa tract and
I e southwest comr of thatt cer a4.93acractof lad de cibed in deed datt d F brary 2, 1992, to point
avie recorded n Vol. 267Pg185, 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 comer 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 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 comer of said While tract;
-- -1 —A lklh ;,a r rt to the POINT OF BEGINNING and containing 675.13 acres of