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12 - ANNEXATION OF SKILLED NURSING FACILITY LOCATED ON STILLHOUSE ROADItem No. 12 memorandum TO: City Council John Godwin, City Manager FROM: Kent McIlyar, City Attorney SUBJECT: Annexation of Skilled Nursing Facility located on Stillhouse Road DATE: March 17, 2015 BACKGROUND: On January 12, 2015, staff informed City Council of a plan to annex approximately 95 acres of land east of Stillhouse Road and north of Stone Avenue which were adjacent to the City's northern city limits and inside the City's ETJ. Council was advised that two public hearings would be held on the proposed annexation on February 16 and February 23, 2015. One of the tracts is fully developed with a skilled nursing facility located at 2900 Stillhouse Road. City Manager Godwin informed City Council that the skilled nursing facility was already receiving public safety services like Fire and EMS as well as city water and sewer services and should be annexed into the City limits. STATUS OF ISSUE: As required by State Law, the City Council conducted two public hearings. The first one was conducted on February 16, 2015 and the second one was conducted on February 23, 2015. No one spoke in favor or in opposition to the annexation. BUDGET: There will be no immediate impact on the city budget; however there should be an increase in tax revenue for future years. RECOMMENDATION: Approve the ordinance annexing the property. Draft ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS PROVIDING FOR THE EXTENSION OF THE BOUNDARY LIMITS OF THE CITY OF PARIS, TEXAS AND ANNEXING APPROXIMATELY 95.173 ACRES OF LAND EAST OF STILLHOUSE ROAD AND NORTH OF STONE AVENUE OUT OF ABSTRACT A786 R RUSSELL SURVEY, LAMAR COUNTY, TEXAS SAID TERRITORY BEING WITHIN THE EXTRA - TERRITORIAL JURISDICTION OF THE CITY OF PARIS AND ADJOINING THE PRESENT BOUNDARY LIMITS OF THE CITY OF PARIS, TEXAS; ADOPTING A SERVICE PLAN FOR THE AREA; MAKING OTHER FINDINGS AND DECLARING AND EFFECTIVE DATE. WHEREAS, on January 15, 2015, the City provided written notice of its intent to annex approximately 95.17 acres of land and a portion of Stillhouse Road north of Stone Avenue and east of Stillhouse Road in Abstract A786R. Russell Survey Lamar County, Texas to each property owner and each public entity that provides services to the area; and WHEREAS, on February 16, 2015 and February 23, 2015 the City Council held public hearings to consider the annexation of the hereinafter described land and gave an opportunity to all interested persons to be heard concerning the proposed annexation; and WHEREAS, notice of such public hearings was published in The Paris News on February 4, 2015, which date is not more than twenty (20) nor less than ten (10) days prior to the date of such public hearings; and WHEREAS, the land to be annexed is adjacent to the City's current northern boundary and lies within the extraterritorial jurisdiction of the City of Paris, Texas; and WHEREAS, the land to be annexed meets the criteria contained in the City's Annexation Policies; and WHEREAS, the land to be annexed contains 95.173 acres, more or less, which, when added to other property annexed in the year 2015, is less than ten percent (10 %) of the present acreage contained in the corporate limits of the City of Paris, Texas; and WHEREAS, a service plan providing for the extension of municipal services to the above described territory is attached hereto; and WHEREAS, the requirements for annexation of this area as stated in the City Charter and in Chapter 43 of the Texas Local Government Code have been met. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. The following described land and territory lying adjacent to and adjoining the City of Paris, Texas is hereby added and annexed to the City of Paris, Texas, and said territory hereinafter described shall hereafter be included within the boundary limits of the City of Paris, Texas, and the present boundary limits of said City, at the various points contiguous to the area hereinafter described, are altered and amended so as to include said area within the corporate limits of the City of Paris, Texas, To -wit: Stillhouse Road ROW (2.17 acres): 2.17 acres being the 2800 -2900 block of Stillhouse Road /County Road 41100 being 1,572.89 linear feet of 60 foot wide Right of Way (R.O.W.) beginning at the intersection of said road centerline and current City Limit boundary, which is located approximately 330 linear feet Northeast of the intersections of the centerlines of Stone Ave and said road; Tract 25 -1 -A (4.169 acres): Tract 25 -1 -A of Abstract A786 R Russell Survey, being 4.169 acres of vacant land in the 2800 block of said road owned by Erickson, Marrero, Chadwick and Wilkerson per deed dated March 25, 2004 vol. 1454 pg. 67 of the Lamar County Official Public Records ( LCOPR); Tract 25 -1A1 (83.834 acres): Tract 25 -lAl of Abstract A786 R Russell Survey, being 83.834 acres of vacant land in the 2800 block of said road owned by Randall, Underwood and Spencer, LP per deed dated January 26, 2008 instrument #061130 -2008 of the LCOPR; Tract 25 -1A (5.000 acres): Tract 25 -1A of Abstract A786 R Russell Survey, being 5.00 acres of improved land addressed as 2900 Stillhouse Road owned by Stillhouse Health Holdings per deed dated May 30, 2012 instrument #097109 -2012 of the LCOPR also known as Stillhouse Rehab and Healthcare; The above described tracts totaling approximately 95.173 acres of real property and R.O.W. Section 2. The above described territory and area so annexed shall be part of the City of Paris, Texas, and the property so added hereby shall bear its pro rata part of the taxes levied by the City of Paris, Texas, and the inhabitants thereof shall be entitled to all of the rights and privileges of all the citizens and shall be bound by the acts, ordinances, resolutions and regulations of the City of Paris, Texas. Section 3. The service plan providing for the extension of municipal services into the above described territory is attached hereto as Exhibit A, and is hereby approved. Section 4. In accordance with City Zoning Ordinance No. 1710, as heretofore amended, the above described property will be zoned Agricultural upon annexation into the corporate city limits of the City of Paris, Texas. Section 5. It is hereby declared to be the intention of the City Council of the City of Paris that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional or invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any unconstitutional or invalid phrases, clauses, sentences, paragraphs or sections. It is further hereby declared to be the intention of the City Council of the City of Paris to exclude any area or areas described in the description of the property to be annexed, which are not within said City's jurisdiction to annex and that such area or areas should be carved out of the description by the valid judgment or decree of any court of competent jurisdiction, in order that such area or areas would not cause this annexation ordinance to be found to be invalid, voidable or void. Section 6. That this ordinance shall become effective from and after its passage and publication as required by law. PASSED AND ADOPTED on this this 23rd day of March, 2015. Matt Frierson, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar SERVICE PLAN FOR AREAS TO BE ANNEXED March 23, 2015 PROVISION OF SERVICES The City of Paris, Texas hereby proposes to provide for the provision of municipal services to the area to be annexed. The City shall provide the services in accordance with the provisions of its Code of Ordinances regulating the extension of said services. This service plan does not propose a uniform level of full municipal services to the territory to be annexed if characteristics of topography, land use and population density are considered by the City as a sufficient basis for providing a different level of services. The following service plan shall constitute a program under which the City shall provide the following services in the area within sixty (60) days of the date of annexation. 1. Police protection: Patrolling, radio responses to calls, and other routine police services using present personnel and equipment will be provided on the effective date of annexation in all the areas proposed for annexation. 2. Fire protection: Fire protection by present personnel and equipment, within the limitations of available water, will be provided on the effective date of annexation. to each area proposed for annexation 3. Emergency Medical Services (EMS): Emergency medical services will be provided by present personnel and equipment to each area proposed for annexation. 4. Solid Waste Collection: The same regular solid waste collection service now provided within the city will be extended to the annexed area within sixty (60) days after the effective date of annexation. 5. Operation and maintenance of water and wastewater facilities in the annexed area that are not within the service area of another water or wastewater utility: Water system facilities: The areas to be annexed are currently being served by 6" and 8" city water and wastewater mains. Maintenance of existing city -owned water and wastewater lines in annexed areas will be in accordance with established policies of the city within sixty (60) days after the effective date of annexation. 6. Operation and maintenance of roads and streets, including road and street lighting: Emergency maintenance of streets will begin on the effective date of annexation. Routine maintenance on the same basis as in the present city limits will begin in the annexed area within sixty (60) days after the effective date of annexation. Reconstruction and resurfacing of streets, installation of storm drainage ditches, and other major improvements, as the need thereof is determined by the governing body, will be accomplished under the present established policies of the city. Installed street lighting will be maintained in accordance with current standards. Traffic signals, traffic signs, street markings, and other traffic control devices will be installed as the need therefor is established by appropriate study and traffic standards. 7. Operation and maintenance of parks, playgrounds, and swimming pools: These operations and maintenance functions will be undertaken by City of Paris staff. Residents of the annexed area may use existing parks and recreational facilities on the effective date of annexation. Residents of the annexed area may use existing city owned swimming pool facilities on the effective date of annexation. The Parks Master Plan provides guidance regarding the recommended acreage, type of facilities, and location of parks within the city. 8. Operation and maintenance of any other publicly owned facility, building, or service: These operations and maintenance functions will be undertaken by the City of Paris staff. Maintenance of municipal buildings or structures will be done directly by city staff as well as with contract service for a fee, as required. 9. Library: The Paris Public Library currently serves all citizens of Lamar County. 10. Additional services: Any inspection or code enforcement services now provided by the city (building, electrical, plumbing, etc.) will begin in the annexed area on the effective date of annexation. The planning and zoning jurisdiction of the city will extend to the annexed area on the effective date of annexation. The area annexed will automatically be zoned Agricultural upon annexation into the corporate city limits, subject to further rezoning by property owner or by City in the future. EXTENSION OF SERVICES. The City of Paris, Texas hereby proposes to provide for the extension of municipal services to the area to be annexed. The City shall provide the services in accordance with the provisions of its Code of Ordinances regulating the extension of said services The City may provide full municipal services upon the effective date of the annexation or within 60 days after the annexation date but no later than 2 % years after the effective date of the annexation pursuant to Section 43.056 Local Government Code of the State of Texas.