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2005-047ORDINANCE NO. 2005-047 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 TWO TRACTS FORMING A PORTION OF THE CURRENT OUTER BOUNDARIES OF THE CITY LIMITS OF THE CITY OF PARIS, THE FIRST TRACT FORMING A PORTION OF THE EASTERN MOST BOUNDARIES OF THE CITY OF PARIS AND CONTAINING 193.94 ACRES, THE SECOND TRACT FORMING A PORTION OF THE WESTERN MOST BOUNDARIES OF THE CITY OF PARIS AND CONTAINING 63.397 ACRES, MORE OR LESS; 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 City 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. 2005-070 on June 13, 2005, stating the Council's intent to initiate proceedings pursuant to Chapter 7 of the City Charter and Section 43.142 of the Local Government Code to disannex two tracts of land 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. 2005-070 provided for personal and published notice and established public hearings associated with the aforesaid proposed disannexations; and, WHEREAS, the City Council subsequently adopted Resolution No. 2005-079 on July 11, 2005, amending Resolution No. 2005-070 to extend the date for final disannexation to accommodate a Special Election called for September 10, 2005 within the city limits of the City of Paris, to afford the voters within the proposed disannexed areas the opportunity to participate fully in the aforesaid election; and, WHEREAS, the City subsequently published notice of two public heaxings at which persons interested in the disannexations 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 areas proposed for disannexation, to each public entity with jurisdiction over the areas proposed for disannexation, and to each railroad company serving the municipality whose right-of-way was contained in the areas 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 disannexations at its regular meeting of July 25, 2005; and, WHEREAS, the City Council subsequently conducted a second public hearing on the proposed disannexations at a special called meeting on August l, 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 disannexations; 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. SQCtion 2. That by adoption of this ordinance, the City Council does hereby disannex two tracts of land currently forming a portion of the outer boundaries of the city limits of the City of Paris, said tracts of land consisting of 193.94 acres, more or less, forming a portion of the eastern most boundary of the City of Paris, and being further generally described as Tract No. 1, and a second tract forming a portion of the western most boundary of the City of Paris, and containing 63.397 acres, more or less, and being identified as Tract No. 2, as said tracts No. 1 and No. 2 are more specifically described in Exhibit A attached hereto and for all purposes incorporated herein. Section 3. That the aforesaid properties described in Exhibit A shall be, and are 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 azeas 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 properties disannexed herein. Section 6. That this ordinance shall be effective from and after its date of passage upon second and final reading. PASSED AND APPROVED on first reading this 22nd day of August, 2005. PASSED, APPROVED, AND ADOPTED on second and final reading this 12th day of Sentember. 2005. ATTEST: ice Ellis, City Clerk APPROVED AS TO FORM: L Schenk, City Attorney DISANNEXA'I'ION PROPERTY DESCRiPTIONS Tract 1 BEGINNING at the north right-of-tivay line of US Hwy 82 East, said point being 2,640 feet east of the east right-of-zvay line of County Road 42600 (Mt. Olive Road or 6th Street N.E. in Reno); THENCE easterly along the north right-of-tivay line of US Hwy 82 East a distance of 1,665 feet to a point, said point being a distance of 2,744 feet from the southcvest corner of the existing Sun Valley city limits line, said point also being in a fence line; THENCE north with said fence line a distance of 680 feet to a point, said point being in the original Paris E.T.J. as established by the annexation of the Coh Field Airport property in Ordinance No. 2169 of the City of Paris, passed and adopted on the lOth day of December, 1973; THENCE westerly along, the Paris E.T.J. established by the aforementioned annexation a distance of 342 feet to a point, said point beina 1/2 mile from tne most northerly southwest corner of the existing Sun V.-11ey city limits line; THEti'CE nort.herly, p?rallel wzth and 1/2 mile,,vest of the m.ost r.ortne:ly tvest boundai-y- Lne orthe exisfii:-tj Sun Va?ley city limiLs lir_e, a distance of 5,040 feet to a point in the east right-of-zvay line of County Poad 42000; THENCE south, west, and southwesterly cvith the east and south right-of- way Lnes of County Road 42600 a distance o; app: oscimately 3,111 feet to the e:Lsting Reno E.T.J. us sho%=.n on Exhibit A to the "Agreement Apportioning E%trate:;zto:ia? Jurisd.iction Overlao" between the City of Paris and tne Citv of F.eno, dated October 8, 1984; THE`;CE southe;ly a1ong such ajreed-~poz ex-:,st~ng Peno E.T.J. a distance o`' 5,194 f-Zet to tne p:acz o.` bejinnin~, co:ztG:Zi:~~ 193.94 ~:cres. Tract 2 BEGINNItiTG at a point in the e.:isting Pasis city limits line as described in Ordinance No. 97-059, said point bein~ in the east ri~ht-o`-~va-y line of County P.oad 32100 and being a dist2,nce of 500 feet south of the cente:line of US H<<ry 82 tiVest, sa.id point also bein- the most,,vesterly southljۢest corner. of the e.;isting Pasis city Iimits line; THENCE Iv'orffi 02 Deg. 28 Min. 40 Sec. West alona said etiisting Paris city limits Lne a distance of 1,078.384 feet, more or less, to a point, said point being a distance of 500 feet north of the centerline of US Hivy 82 West, said point also being the most westerly northwest corner of the existing Paris city limits line; THENCE South 65 Deg. 32 Min. 31 Sec. tiVest, parallel to and 500 feet north of the centerline of US Hwy 82 tiVest, a distance of 2,747.803 feet, more or less, to a point, said point being in the existing Toco ETJ line; . THEIVCE South 0 1 Deg. 07 Min. 56 Sec. East along the existing Toco ETJ line a distance of 1,089.007 feet, more or less, to a point, said point being a distance of 500 feet .south of the centerline of US Hwy 82 West; THEIVCE North 65 Deg. 32 Min. 31 Sec. East, .parallel to and 500 feet south of the centerline of US Hwy 82 West, a distance of 2,775.383 feet, more or less,to the point of beginning and containing 63.397 acres, more or less. EXHIBIT A