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2006-001ORDINANCE NO. 2006-001 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 313.095 ACRE TRACT OF LAND AT US HWY 271 NORTH 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 Ciry 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. 2005-109 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 313.095 acre tract of land at US Hwy 271 North 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. 2005-109 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, 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 313.095 acre tract of land at US Highway 271 North, forming a portion of the current outer boundaries of the 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 of the 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. ATTEST: J ~ nice Ellis, City Clerk APPROVED AS TO FORM: ~ Q,fA-V--, J D. Lestock, Assistant City Attorney EXHIBIT "A" PROPERTY DESCRIPTION DISANNEXATtON OF 313.095 ACRE TRACT /US Hwy 271 Northl BEGINNING at a point in the existing Paris city limits line as described in Tract 3 of Ordinance No. 97-059, said point being in the south right-of-way line of FM 1499 and the east right- of-way line of the Burlington Northern Railroad; THENCE Northeasterly along the east right-of-way line of said Railroad a distance of 10,824.562 feet, more or less, to a point, said point being in the existing Paris ETJ line; THENCE along the existing Paris ETJ line a distance of 1,000 feet, more or less, to a point in said ETJ line; THENCE Southwesterly, parallel to and 1,000 feet east of the east right-of-way line of said Railroad, a distance of 1,420.483 feet, more or less, to the centerline of a creek; THENCE along the centerline of said creek as follows: South 13 Deg. 58 Min. 29 Sec. West a distance of 63.388 feet, more or less; South 29 Deg. 54 Min. 11 Sec. East a distance of 26.040 feet, more or less; South OS Deg. 57 Min. 30 Sec. East a distance of 108.385 feet, more or less; South 27 Deg. 23 Min. 55 Sec. East a distance of 268.330 feet, more or less; South 20 Deg. 17 Min. 13 Sec. East a distance of 260.157 feet, more or less; South 88 Deg. 39 Min. 20 Sec. East a distance of 198.355 feet, more or less; North 76 Deg. 04 Min. 14 Sec. East a distance of 174.620 feet, more or less; North 88 Deg. 00 Min. 99 Sec. East a distance of 125.000 feet, more or less; North 18 Deg. 00 Min. 00 Sec. East a distance of 70.000 feet, mare or less; North 83 Deg. 00 Min. 00 Sec. East a distance of 25.000 feet, more or less; South 31 Deg. 00 Min. 00 Sec. East a distance of 60.000 feet, more or less; North 75 Deg. 00 Min. 00 Sec. East a distance of 75.000 feet, more or less; North 50 Deg. 00 Min. 00 Sec. East a distance of 75.000 feet, more or less; North 75 Deg. 00 Min. 00 Sec. East a distance of 50.000 feet, more or less; North 33 Deg. 00 Min. 00 Sec. East a distance of 200.000 feet, more or less; South 87 Deg. 00 Min. 00 Sec. East a d'istance of 70.000 feet; North 26 Deg. 00 Min. 00 Sec. East a distance of 75.000 feet, more or less; North 83 Deg. 00 Min. 00 Sec. East a distance of 85.000 feet, more or less; South 84 Deg. 00 Min. 00 Sec. East a distance of 115.000 feet, more or less; North 61 Deg. 00 Min. 00 Sec. East a distance of 65.000 feet, more or less; North 88 Deg. 00 Min. 00 Sec. East a distance of 92.000 feet, more or less; North 37 Deg. 00 Min. 00 Sec. East a distance of 55.000 feet, more or less; North 03 Deg. 00 Min. 00 Sec. East a distance of 175.000 feet, more or less; North 19 Deg. 00 Min. 00 Sec. East a distance of 110.000 feet, more or less; South 46 Deg. 00 Min. 00 Sec. East a distance of 135.000 feet, more or less; North 23 Deg. 00 Min. 00 Sec. East a distance of 75.000 feet, more or less; South 89 Deg. 00 Min. 00 Sec. East a distance of 230.000 feet, more or less; South 27 Deg. 00 Min. 00 Sec. East a distance of 70.000 feet, more or less; South 13 Deg. 00 Min. 00 Sec. East a distance of 115.000 feet, more or less; North 42 Deg. 00 Min. 00 Sec. East a distance of 30.000 feet, more or less; South OS Deg. 00 Min. 00 Sec. East a distance of 60.000 feet, more or less; North 43 Deg. 00 Min. 00 Sec. East a distance of 70.000 feet, more or less; South 26 Deg. 00 Min. 00 Sec. East a distance of 80.000 feet, more or less; South 00 Deg. 16 Min. 35 Sec. West a distance of 34.431 feet, more or less; South 30 Deg. 00 Min. 00 Sec. West a distance of 75.000 feet, more ar less; South 54 Deg. 00 Min. 00 Sec. East a distance of 80.000 feet, more or less; South 15 Deg. 00 Min. 00 Sec. East a distance of 42.000 feet, more or less, to a point, said point being the southwest corner of a 26.87 acre tract of land owned by the City of Paris; THENCE North 85 Deg. 00 Min. 00 Sec. West a distance of 1,747.000 feet, more or less; THENCE North 74 Deg. 06 Min. 23 Sec. West a distance of 453.704 feet, more or less; THENCE North 73 Deg. 58 Min. 03 Sec. West a distance of 55.457 feet, more or less; THENCE North 74 Deg. 06 Min. 23 Sec. West a distance of 193.702 feet, more or less, to a point, said point being 1,000 feet east of the east right-of-way line of said Railroad; THENCE Southwesterly, pazallel to and 1,000 feet east of the east right-of-way line of said Railroad, a distance of 8,087.479 feet, more or less, to a point which is an easterly extension of the south right-of-way line of FM Road 1499; THENCE along said easterly extension, South 88 Deg. 58 Min. 48 Sec. West a distance of 1,359.960 feet, more or less, to the point of beginning and containing 313.095 acres, more or less. ~ • . R . ~ ~ R . . ~ r t: ~f'. k r '~~~.•._+v~x * Y Y v ~t.~ . A . Ti' • :3 e t ' , * i ~ rRs w ~ ~ ~ 1.tF A . . . . ~y ~ cY• a , s~., s.. . x 14 +e , s ~ ~ ~ ~ & Y "W+° ~f~~~i" .Y . ~M IMY y+ 5 ~ SG 74~' ¢ ♦ ~ ~y . -.vs . ~ - . • ~ : t- T T S 14 ."^t 'L. . . ~ ~ • ' k• • , ' . . _ S nE ~ ~ _ _ ~ p~ , f ~ ` ~ " . "~y ~ ' ' . ~ ` x 't ~;r• . 3 . ~ - i yy,. _ * ; F}y. r i : 4i fc . .,.i~ - ~ ~ ~ ' ~I' ~ ~ ' • t jzf,a 4 ~ i ~ , . z rt ~ ~ . _ q:~ . ~ ~ . ~.~"fs . ~ x • ; : i . E : , PROPOSED DISANNEXATION - SEPTEMBER 2005