14-APPROVE ORD DISANNEXING APPROX 13 ACRES ON WEST SIDE OF STILLHOUSE OWNED BY DR AND MRS ROBERT ZIMMERMANSubmittal Date:
10-12-2012
Council Date:
10-22-2012
CITY COUNCIL AGENDA ITEM BRIEFING SHEET
Originaring Department: Presented By:
Engineering, Planning Shawn Napier, P.E. Director of
& Development Engineering, Planning &
RECOMMENDED MOTION:
Agenda Item No.:
14.
Approve an Ordinance dis-annexing approximately 13 acres located on the west side of Stillhouse Road
owned by Dr. & Mrs. Robert Zimmerman (see attached map).
POLICY ISSUE�S�:
Disannexation
BACKGROUND:
This is the second reading of an ordinance to disannex two pieces of property owned by Dr. & Mrs.
Robert Zimmerman. The first reading of the ordinance was at the Oct. 8th City Council Meeting.
The properties consist of a 3.00 acre tract and a 10.001 acre tract of land out of the Reddin Russell
Survey #A-786, located off of Stillhouse Road approximately 1.13 miles North of Loop 286, Paris,
Lamar County, Texas.
Public hearings were held on September l Oth and 17t" of this year. No one spoke at either hearing.
BOARD�COMMISSION RECOMMENDATION:
EXHIBITS:
Ordinance
ACTION:
❑ Financial Report
❑ Department Report
❑ Presentation
❑ Public Hearing
FISCAL NOTES:
❑ Minute Order
❑ Resolution
� Ordinance
❑ Other
BUDGET INFO:
Budgeted Amt.
YTD Actual
Acct. Name
Acct. Number
$
$
$
City of Paris Revised 2/04/08
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Draft
ORDINANCE N0.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
DISANNEXING a 3.00 ACRE TRACT AND A 10.001 ACRE TRACT OF LAND
OUT OF THE REDDIN RUSSELL SURVEY #A-786, PARIS, LAMAR, COUNTY
TEXAS, (LOCATED OFF STILLHOUSE ROAD APPROXIMATELY 1.13 MILES
NORTH OF LOOP 286) IN RESPOIVSE TO A PETITION FOR DISANIVEXATION
FILED BY PROPERTY OWNERS DR. & MRS. ROBERT ZIMMERMAN;
ADJUSTIIVG CITY BOUNDARIES TO REFLECT NEW CITY LIMITS; 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 has received a petition signed by Dr. and Mrs. Robert
Zimmerman, the owners of two tracts of land, a 3.00 acre tract and a 10.001 acre tract of land
out of the Reddin Russell Survey #A-786, Paris, Lamar County Texas more particularly
described and depicted in Exhibit "A" attached hereto and incorporated herein by reference
(the "Property"), seeking disannexation of the Property from the City of Paris, Texas, said
Property forming a portion of the current boundaries of the City of Paris; and,
WHEREAS, petitioners request disannexation of the Property from the City of Paris
because they believe that the city is unable to provide adequate services to the property; and
WHEREAS, two public hearings have been noticed and held to receive public input on
this proposed disannexation, the first on September 10, 2012 and the second hearing on
September 17, 2012 in accordance with state law; and
WHEREAS, the Ciry Council, having reviewed the petition and exhibits for the
proposed disannexation and having received public comment, 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 approximately 13 acres of land, more or less, and forming a portion of
the current boundary of the City of Paris, said Property being 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 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 6. 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 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. That this ordinance shall become effective from and after its passage of
the second reading and publication as required by law.
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PASSED AND ADOPTED on the second and final reading this 22� day of October 2012.
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar City Attorney
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Richard Grossnickle, M.D.,
Mayor Pro-Tem